(a) Chemical substance and significant new uses subject to reporting.
(1) The chemical substance identified generically as single-walled carbon nanotubes (PMN P-17-257) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the substance that have been embedded or incorporated into a polymer matrix that itself has been reacted (cured); embedded in a permanent solid polymer form that is not intended to undergo further processing, except mechanical processing; or incorporated into an article as defined at 40 CFR 720.3(c).
(2) The significant new uses are:
(i) Protection in the workplace. Requirements as specified in § 721.63(a)(1), (2)(i), (3), (4), (5) (respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 50), and (6)(particulate), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1) and (a)(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 exposure, where feasible.
(ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(f) and (k). It is a significant new use to manufacture the chemical substance more than 6 months. It is a significant new use to process or use the substance for non-industrial use except for the confidential non-industrial use described in the TSCA section 5(e) Order. It is a significant new use to use an application method that generates a vapor, dust, mist or aerosol unless the application method occurs in an enclosed process.
(iii) Disposal. Requirements as specified in § 721.85(a)(1), (a)(2), (b)(1) and (2), and (c)(1) and (2).
(iv) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1).
(b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b).
(1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (e) and (j) through (k) are applicable to manufacturers and processors of this substance.
(2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.
(3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(iii) of this section.
[84 FR 66596. Dec. 5, 2019]