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December 5, 2014

EPA Fall 2014 Regulatory Agenda Includes Item Concerning TSCA Section 8(a) Rule for Nanoscale Materials

Lynn L. Bergeson

The U.S. Environmental Protection Agency’s (EPA) Fall 2014 Regulatory Agenda, which was posted on the Office of Management and Budget’s (OMB) website on November 21, 2014, includes an item concerning Section 8(a) Toxic Substances Control Act (TSCA) reporting and recordkeeping requirements for chemical substances when manufactured or processed as nanoscale materials.  According to the item, the proposed rule would require that persons who manufacture these nanoscale materials notify EPA of certain information, including production volume, methods of manufacture and processing, exposure and release information, and available health and safety data.  EPA states that the proposed reporting of these activities will provide it “with an opportunity to evaluate the information and consider appropriate action under TSCA to reduce any risk to human health or the environment.”  The item states that EPA intends to publish a notice of proposed rulemaking in January 2015.  As reported previously, on October 6, 2014, EPA submitted a proposed rule to OMB, where it currently remains under review.