EPA Delays Effective Date of TSCA Nanomaterials Rule

Posted on 5/15/2017 by Roger Marks

In the Federal Register on Friday, May 12, US EPA announced it will delay the effective date of its new Toxic Substances Control Act (TSCA) reporting and recordkeeping requirements for nanoscale materials until August 14, 2017.

Initially set to take effect on May 12, the new TSCA rule requires manufacturers, importers, and processors of nanoscale materials to submit a one-time electronic report to EPA. The report must detail things like the specific chemical identity, production volume, method of manufacture and processing, use data, exposure and release information, and available health and safety data for the material.

The Rule includes new regulatory definitions for the terms “nanomaterials” and “unique and novel properties.” It also exempts certain materials—including certain biological materials like DNA and RNA—from the new reporting requirements.

Lastly, smaller manufacturers and processors—those with sales of less than $11 million per year—are not required to report under this Final Rule.

How Small Is Nano-small?

TSCA nanoscale materials under microscopeNanomaterials are forms with particle sizes between 1 and 100 nanometers (nm). A sheet of paper is about 100,000 nanometers thick. A strand of human DNA is 2.5 nanometers in diameter. 
Nanomaterials are used for a broad range of purposes in many consumer and industry products, such as medical equipment, textiles, fabrics, plastics, electronics, fuel additives, sunscreens, cosmetics, paints, coatings, vehicles, sports equipment, and much more. 

For a specific TSCA definition of nanomaterials, read our initial report on the new EPA Final Rule here.
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TSCA is complex and enforcement is stringent, making a comprehensive understanding of the TSCA rules critical for compliance.  The law has broad applicability, subjecting all companies that “manufacture, use, process, distribute, import, or export chemical products” to complex reporting and management requirements.

The TSCA Regulations Online Course is designed to help you meet your reporting, recordkeeping, and chemical management responsibilities. EPA fines for chemical management and reporting mistakes are now as high as $38,114 per day, per violation.

Tags: new, reporting and recordkeeping, rules, TSCA

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