Carbon Nanotubes CNT As New Substances

The TSCA Inventory Paper discussed earlier in this chapter involves general guidelines as to what it considered to be a different chemical substance for purposes of the TSCA Inventory status. This guidance 

In the notice, the EPA stated that it generally considers CNT to be chemical substances distinct from graphite or other allotropes of carbon listed on the TSCA Inventory. [12] Many CNT may therefore be new chemicals under TSCA Section 5. Manufacturers or importers of CNT not on the TSCA Inventory must submit a PMN (or applicable exemption) under TSCA Section 5 where required under 40 CER Part 720 or Part 723. To determine the TSCA Inventory status of a CNT, a manufacturer may submit to the EPA a bona fide intent to manufacture or import under 40 CER Section 720.25. 

The EPA states that it has taken steps to inform manufacturers that CNT may require notification [13] under TSCA Section 5. The EPA has made numerous public statements and responses to written inquiries indicating that CNT are not necessarily identical to graphite or other allotropes of carbon, and has encouraged manufacturers to submit a bona fide intent to manufacture or import, to submit a notice under TSCA Section 5 (where required), or contact EPA with additional questions. According to the notice, the EPA has received and is reviewing several PMN for CNT as new chemical substances. EPA states  

The EPA states that the notice is intended to give notice of the potential TSCA requirements applicable to CNT If a particular CNT is not on the TSCA Inventory, manufacturers are required to submit a PMN (or applicable exemption) under TSCA Section 5 at least 90 days before commencing manufacture or importation. Manufacturers may submit a bona fide intent to manufacture or import under 40 CFR Section 720.25 to determine if a specific CNT is on the TSCA Inventory. Companies may also contact the EPA with specific questions. The EPA strongly recommends that persons who currently manufacture CNT for commercial purposes determine if their CNT are on the TSCA Inventory and in compliance with the TSCA Section 5 requirements. According to the notice, some time after 1 March 2009, the EPA anticipates focusing its compliance monitoring efforts to determine if companies are complying with TSCA Section 5 requirements for CNT. 

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