This notice serves to announce that the Department of Toxic Substances Control (DTSC) has requested information regarding analytical test methods, fate and transport in the environment, and other relevant information from manufacturers of carbon nanotubes. The term "manufacturers” includes persons and businesses that produce Carbon nanotubes in California or import carbon nanotubes into California for sale. The purpose of this information request will be to identify information gaps and to develop information about carbon nanotubes, an important emerging nanomaterial.
DTSC will exercise its authority under Health and Safety Code, Chapter 699, sections 57018-57020. These sections were added as a result of the adoption of Assembly Bill (AB) 289 (2006). They are intended to make relevant information on the fate and transport, analysis, and other information on chemicals more available. The law places the responsibility to provide this information to the Department on those who manufacture or import the chemicals.
Carbon nanotubes (CNTs) are of interest to DTSC because they are in use commercially and because data on analytical methods, toxicity, physicochemical properties, and fate and transport are largely unavailable. Recent research on the potential impacts to the environment, workers and the public have highlighted some potential areas in manufacturing issues and fate and transport that DTSC should consider. One study by Massachusetts Institute of Technology (MIT) detected 15 different aromatic hydrocarbons including 4 different polyaromatic hydrocarbons (PAHs) when they manufactured CNTs from a carbon vapor source using chemical vapor deposition. Another study by researchers at the Georgia Institute of Technology found that the fate of CNTs spilled into groundwater and the ability of municipal filtration systems to remove CNTs from drinking water is dependent on the characteristics of the water such as pH, natural organic content, etc. The chemical call-in program will help develop the existing body of information on carbon nanotubes and will identify gaps in the existing information that could be filled to better protect human health and the environment.
On October 31st, 2008, the U.S. EPA issued a Federal Register notice regarding carbon nanotubes (CNTs). The notice reminds manufacturers and importers that they must notify EPA 90 days prior to the manufacture or import of new chemical CNTs for commercial purposes, in accordance with TSCA Section 5 regulations for new chemicals at 40 C.F.R. 720.22.
On January 22, 2009, DTSC sent a formal information request letter to manufacturers who produce or import carbon nanotubes in California, or who may export carbon nanotubes into the State. The letter also outlined the time frame that manufacturers are required to respond under the law.
On June 22, 2009, DTSC hosted a roundtable discussion on the carbon nanotube information call-in during the IANANO Nano Biotech Conference. DTSC provided this opportunity to the CNT industries who received the January 22, 2009 request letter to discuss their progress.
On December 3, 2009, DTSC participated in a webinar hosted by McKenna, Long, & Aldrich, LLP for the Carbon Nanotube Coalition. The purpose of the webinar was to consider what might be included in the submissions of manufacturers and industrial users of carbon nanotubes when responding to DTSC, and to consider what that information will convey to the public and to those considering using this new technology. The meeting also provided an opportunity to hear from and ask questions of DTSC about this data call-in and what it means for future regulatory considerations in California.
On January 22, 2010, California manufacturers and importers of carbon nanotubes were required to submit their responses to DTSC's formal information request. On January 25, 2010, DTSC posted the responses received to date along with a list of companies who failed to respond to the information request.
On February 16, 2010, DTSC issued a follow-up letter to the companies that failed to submit a response to the formal information request.
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