Nanomaterials and the Move Toward Regulation

IndustryWeek (Naidu) - Early last month, EPA proposed rules applicable to chemical companies that manufacture, process or import certain forms of nanomaterials. Specifically, multi-walled carbon nanotubes that are used as an additive/filler for polymer composites and support media for industrial catalysts would be subject to regulation. This proposed rule does not apply to all variants of multi-walled carbon nanotubes, but it does come on the heels of another proposed rule issued in late November 2009 that applied to a form of single-walled carbon nanotubes and to another form of multi-walled carbon nanotubes.

Once the new proposed rule is finalized, it would have three direct impacts on chemical companies that use multi-walled carbon nanotubes for the particular purposes designated. First, a notice would need to be provided to the agency at least ninety days before manufacturing, processing or importing the substance. This notice would have to contain, among other things, information on the total -- or reasonable estimate -- of the amount that will be manufactured, used or processed, as well as how the substance will be disposed.

Second, submitters would be required to provide test data that are in their possession or control and to describe any other data that is reasonably ascertainable. Specifically, the EPA is seeking data on lung impacts, immunotoxicity and mutagenicity, and is recommending (but not mandating) that tests be conducted in consultation with the EPA in order to facilitate the evaluation of the notice that has been submitted. Third, the proposed rule specifies the personal protective equipment workers should use when handling these substances. For those not involved in manufacturing this form of multi-walled carbon nanotubes, the EPA's requirements and recommendations in this particular instance are likely to be the forerunner of what can occur with other nanomaterials.