EPA Consent Order

Last week, EPA and Thomas Swan & Co. Ltdreleased the agency's first manufacturing consent order with regards to nanotubes.  The consent order was entered into between the two parties through the pre-manufacture notice (PMN) portion of the Toxic Substances Control Act (TSCA).

The consent order addresses the manufacture of a multi-walled nanotube product at the Swan Chemical, Inc. plant in New Jersey.  Additionally, the consent order is the result of several months of collaboration between the company and the agency.  The consent order addresses the Elicarb (r) MW product.

The Order itself has not been released to the Federal Register, or another source, for first hand review.  While it is being touted by Thomas Swan & Co. as setting "the standard for future control of" nanotube products, I am unable to determine the extent of the agreement.  Once the Order is released for public consumption, there will be a follow-up post relating our thoughts on the contents.

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Nanotechnology Law Report - October 15, 2008 5:47 PM
Last month we reported on a press release by Thomas Swan & Co. Ltd. of the United Kingdom indicating the company had recently entered into a PMN consent order with the EPA under the Toxic Substances Control Act (“TSCA”) concerning...
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