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May 15, 2017

EPA Will Publish Draft Guidance for Reporting Nanoscale Materials for Comment

Lynn L. Bergeson Carla N. Hutton

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.”  EPA states in the pre-publication notice that the guidance provides answers to questions EPA has received from manufacturers (includes importers) and processors of certain chemical substances when they are manufactured or processed at the nanoscale as described in the January 12, 2017, final rule.  The final rule involves one-time reporting for existing discrete forms of certain nanoscale materials, and a standing one-time reporting requirement for new discrete forms of certain nanoscale materials.  The notice lists the following North American Industrial Classification System (NAICS) codes to help readers determine whether the document may apply to them:

  • Chemical Manufacturing or Processing (NAICS Code 325);
  • Synthetic Dye and Pigment Manufacturing (NAICS Code 325130);
  • Other Basic Inorganic Chemical Manufacturing (NAICS Code 325180);
  • Rolled Steel Shape Manufacturing (NAICS Code 331221);
  • Semiconductor and Related Device Manufacturing (NAICS Code 334413);
  • Carbon and Graphite Product Manufacturing (NAICS Code 335991);
  • Home Furnishing Merchant Wholesalers (NAICS Code 423220);
  • Roofing, Sliding, and Insulation Material Merchant Wholesalers (NAICS Code 423330); and
  • Metal Service Centers and Other Metal Merchant Wholesalers (NAICS Code 423510).

EPA states that it will make the draft guidance available on its website at, and will also be available in Docket ID number EPA-HQ-OPPT-2010-0572.  EPA states that it will accept comments regarding the guidance, but not regarding the rule itself, “which has already been finalized.”  Comments will be due 30 days after the notice is published in the Federal Register.  More information regarding the final rule is available in our January 12, 2017, memorandum, “EPA Promulgates Final TSCA Reporting and Recordkeeping Rule for Nanoscale Materials