EPA Publishes Draft Guidance for Reporting New Manufactured or Processed Nanoscale Materials for Comment

On May 16, 2017 the US EPA opened for comment its published draft “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.” The purpose of the comment period to receive public comments from interested parties regarding the TSCA reporting rule for specific discrete existing and new nanomaterials manufactured, imported, and processed. The comment period closes on June 15, 2017.

On May 16th, 2017 the US EPA published a request for comment on its draft guidance document entitled “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.” The guidance document provides answers to questions that EPA has received from manufacturers, importers, and processors of certain chemical substances when they are manufactured, imported, or processed at the nanoscale as described in the final rule that appeared in the Federal Register of January 12, 2017. The rule requires persons who manufacture or process a discrete form of a reportable chemical substance at any time during the three years prior to the final effective date of this rule to report EPA one year after the final effective date of the rule. The rule also requires persons who intend to manufacture, import, or process a discrete form of reportable chemical substance on or after the effective date of the rule to report to EPA at least 135 days before manufacture, import, or processing of that discrete form except where the person has not formed an intent to manufacture, import, or process a discrete form of a reportable chemical substance 135 days before such manufacturing or processing, in which case the information must be filed within 30 days of the formation of such intent.

The guidance document can be found at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under#guidance and comments can be made at the same hyperlink. On May 12, 2017 EPA extended the effective date of the rule to August 14, 2017. The comment period closes on June 15, 2017.

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EPA Publishes Draft Guidance for Reporting New Manufactured or Processed Nanoscale Materials for Comment, 82 FR 22452 (2017).