EPA Demands 90-Day Heads-Up for Nanotube Experiments
Published Date: 7/24/2026
Rule
Summary
The EPA is setting new rules for making or using multi-walled carbon nanotubes, a special chemical. If you want to start a new way of making or using this chemical, you have to tell the EPA 90 days ahead so they can check it out. This rule kicks in on September 22, 2026, and could affect companies that import or process these nanotubes, possibly adding some extra steps and costs.
Analyzed Economic Effects
7 provisions identified: 0 benefits, 5 costs, 2 mixed.
SNUN Submission Costs for Businesses
If you submit a SNUN to EPA for these nanotubes, EPA estimates the total cost at about $45,000 per submission for large businesses and about $14,500 per submission for qualifying small businesses. The small business estimate reflects a reduced user fee of $6,480 versus the standard $37,000 user fee.
90‑Day Pre‑Notice Before New Uses
If you plan to start a new way of making, importing, or processing the multi-walled carbon nanotubes covered by PMN P-22-163, you must notify EPA at least 90 days before you begin. You also may not start the activity until EPA reviews the notice and makes a determination.
Workplace Protection and Respirator Rules
The rule requires workplace protections, engineering or administrative controls, and hazard communication for this substance. Until exposure monitoring results exist, respirators must provide a NIOSH assigned protection factor (APF) of at least 50 at the confidential site listed in the Order (or sites recycling certain confidential items), and an APF of at least 1,000 at all other sites.
Processing Efficiency and Battery Use Limits
It is a significant new use to process the substance without engineering controls that achieve an overall minimum efficiency of 94%. It is also a significant new use to process or use the substance in a final battery when the concentration exceeds the confidential concentration listed in the underlying TSCA Order, or to use the substance other than as an additive in battery manufacture.
Export Notification Fee Per Country
If you export the substance, you must give a one-time export notice to EPA for the first export or intended export to each country. EPA estimates the per-notification cost at about $106.
Exemptions for Embedded or Cured Forms
Quantities of the substance embedded or incorporated into a cured polymer matrix, permanent solid polymer forms, or articles are exempt from the SNUR unless the matrix or article is shredded or processed such that dust containing the substance is generated. If shredding generates dust, the SNUR requirements apply.
Recordkeeping and Time Burden Estimates
Manufacturers, importers, and processors must follow specified recordkeeping requirements (Sec. 721.125). EPA estimates the time burden for submitting a SNUN averages between 30 and 170 hours per submission.
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