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July 2014

EPA Publishes SNURs for Thirteen Substances Including Two Carbon Nanotubes

On July 8, 2014, the Environmental Protection Agency published new Significant New Use Rules pursuant to its direct final rules procedures under the Toxic Substances Control Act (79 Fed. Reg. 38464). The SNURs identify “significant new uses” of thirteen substances and require persons who intend to manufacture, import or process them for such significant new uses to submit Significant New Use Notices to EPA at least 90 days before commencing such activities. Carbon nanotubes (CNTs) were the subject of two of the SNURs. Although the precise chemical identities of the CNTs remain confidential, one CNT is described as a single-walled CNT used as a component for a conductive coating used in the dispersion of ink and as an additive in resins/thermoplastics/elastomers for mechanical reinforcement. The other is described as a multi-walled CNT intended for several uses, including in coatings in metallic foils for battery applications. EPA’s inclusion of CNTs follows a …Read More

DTSC May Release Draft Priority Product Work Plan As Soon As July 15

The California Department of Toxic Substances Control will likely release a draft Priority Product Work Plan in mid-July 2014 for public comment, and will hold workshops in August 2014 on the draft Work Plan.  The Work Plan will describe product categories that DTSC will evaluate over the next three years to identify Priority Products under its new Safer Consumer Products (SCP) Regulations.  Business entities should closely monitor DTSC’s development of its Work Plan to understand whether their business operations may be impacted by DTSC’s identification of product categories, which ultimately may become subject to burdensome regulation under the SCP program. Under the SCP Regulations, DTSC must identify Priority Products — that is, chemical/product combinations — that must undergo alternatives assessments to determine whether “safer” alternatives are available.  Depending on the outcome of those alternatives assessments, which must be undertaken by entities responsible for those Priority Products, DTSC is authorized to impose regulatory responses …Read More