Comment submitted by Nancy J. Lowry, Savannah River Nuclear Solutions, LLC

Savannah River Nuclear Solutions is the management and operating contractor for the DOE Savannah River Site. Following is our comment: The proposed Significant New Use Rule (SNUR) is not clear with respect to its applicability to research laboratories, particularly National Research Laboratories that are and will be performing research on nanomaterials for the U.S. government. Based on the general provisions of the TSCA chemical use regulations, it would appear that such laboratories would be exempt from the proposed SNUR for multi-walled carbon nanotubes based on the Research and Development exemption in 40 CFR 721.47. The National Research Laboratories are experienced with controlling the hazards associated with nanomaterials as well as numerous other hazardous substances. The laboratories employ necessary controls to protect personnel who work with those materials. DOE National Laboratories engaged in nanoscale materials research and development are required to comply with DOE Order 456.1, which provides guidance on safe cradle-to-grave handling of nanomaterials via recommended practices and controls. This guidance also addresses PPE and engineering controls, using a tiered hazard approach, to minimize potential exposure to nanomaterials. Controls already in place include devices such as fume hoods, which are supplemented with protective equipment to control dermal exposures. We request that EPA include language in the SNUR that clarifies the exempt status of the National Research Laboratories in particular and research laboratories in general.