Home > Nanotechnology Columns > Bergeson & Campbell, P.C. > EPA Issues Final TSCA Reporting and Recordkeeping Rule for Certain Nanoscale Materials
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Lynn L. Bergeson Managing Director Bergeson & Campbell, P.C. |
Abstract:
On January 12, 2017, the U.S. Environmental Protection Agency published in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale.
January 13th, 2017
EPA Issues Final TSCA Reporting and Recordkeeping Rule for Certain Nanoscale Materials
On January 12, 2017, the U.S. Environmental Protection Agency published in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. According to the final rule, manufacturers and processers, or persons who intend to manufacture or process these chemical substances, must report certain information to EPA. See https://www.federalregister.gov/documents/2017/01/12/2017-00052/chemical-substances-when-manufactured-or-processed-as-nanoscale-materials-tsca-reporting-and The information to be reported includes, insofar as known to or reasonably ascertainable by the person making the report, the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing information concerning environmental and health effects. Persons who manufacture or process a discrete form of a reportable chemical substance at any time during the three years prior to the effective date of the final rule must report to EPA one year after the effective date of the final rule. There is also a standing one-time reporting requirement for persons who intend to manufacture or process a discrete form of a reportable chemical substance on or after the effective date of the rule. These persons must report to EPA at least 135 days before manufacture or processing of that discrete form. The final rule will be effective on May 12, 2017. The final rule states that EPA has prepared a detailed response to public comments that will be available in the rulemaking docket. See https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2010-0572
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