McAfee & Taft RegLINC - July 2011: Significant new use rule for multi-walled carbon nanotube By Jared Burden

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As of June 6, 2011, the EPA began enforcing a significant new use rule for the chemical substance generically known as multi-walled carbon nanotubes (“MWCNT”). This new regulation is limited to those nanotubes which were the subject of premanufacture notice P-08-199. The EPA has cited concerns that this particular substance is hazardous to human health as justification for instituting this rule. This new rule will affect several industries, including chemical manufacturing and petroleum refining.

The new use rule requires manufacturers, importers or processors of this variety of MWCNT to provide the EPA with at least 90 days notice before engaging in any use of the substance that is considered a significant new use pursuant to EPA guidelines. The EPA will then determine whether the proposed new use is permissible and will institute any limitations or prohibitions before the activity commences.

Article authored by McAfee & Taft Attorney: Jared Burden.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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