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November 25, 2019

EPA Issues Final SNUR for Carbon Nanomaterial (Generic) (PMN P-10-366)

Lynn L. Bergeson Carla N. Hutton

The U.S. Environmental Protection Agency (EPA) issued final significant new use rules (SNUR) on November 25, 2019, for 22 chemical substances, including carbon nanomaterial (generic) (PMN P-10-366), that are the subject of premanufacture notices (PMN).  84 Fed. Reg. 64754.  Persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by the SNURs to notify EPA at least 90 days before commencing that activity.  Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination.  The final SNURs will be effective on January 24, 2020.

The requirements of the final SNUR for carbon nanomaterial (generic) (PMN P-10-366) do not apply to quantities of the substance after they have been reacted (cured), incorporated, or embedded into a polymer matrix that itself has been completely reacted (cured), embedded in a permanent solid polymer, metal, glass, or ceramic form, or completely embedded in an article as defined at 40 C.F.R. Section 720.3(c).  The significant new uses are:

  1. Protection in the workplace.  Requirements as specified in Section 721.63(a)(1), (a)(2)(i) and (ii), (a)(3) through (5) (respirators must provide a National Institute for Occupational Safety and Health certified air purifying, tight-fitting full-face respirator equipped with N-100, P-100, or R-100 filter with an Assigned Protection Factor of at least 50), (a)(6) (particulate (including solids or liquid droplets)), (when determining which persons are reasonabl[y] likely to be exposed as required for Section 721.63(a)(1) and (4) engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposures, where feasible), and (c).
  2. Industrial, commercial, and consumer activities.  Requirements as specified in Section 721.80(k), (l), (q), and (y)(1) (when the substance is in liquid resin form).  It is a significant new use to process or use the powder form of the substance outside of the site of manufacture or processing.
  3. Release to water.  Requirements as specified in Section 721.90(a)(1), (b)(1), and (c)(1).