Date: Aug 17, 2017
For companies that have manufactured, imported or processed the subset of nanoscale materials covered by the rule at any time between August 14, 2014 and August 14, 2017, their reports for those substances are due to EPA no later than August 14, 2018. Companies that commence manufacturing, importing or processing after August 14, 2017 must submit their reports for those substances either 135 days before commencing manufacture, import or processing, or, if they have formed the intent less than 135 days before such commencement, then within 30 days after forming the intent to manufacture, import or process reportable nanoscale materials. EPA estimates each report will require 175 man hours to complete. Between the lead time for reporting and the effort required to prepare and submit a report, the reporting rule has the potential to dissuade new users and applications. However, EPA has signaled willingness to consider revised reporting procedures that may reduce this burden.
The revised guidance issued August 14 addresses a number of issues raised in the comments, including clarification that particle size and continuously scaling properties, such as surface area and reactivity, are not "unique and novel" properties; applicability to nanoscale materials dispersed in liquids and matrices; joint and consolidated reporting; the significance of different types of surface treatments and coatings on reporting; EPA's interpretation of when a company will be deemed to have formed the "intent to manufacture" or process; starting the 30-day reporting clock; and approaches to protecting otherwise reportable confidential business information of vendors and customers. However, it does not address all of the comments and use scenarios raised in the comments, and encourages case by case consultations with EPA to resolve remaining uncertainties.
For further information about the TSCA nanoscale materials reporting rule, contact James Votaw at email@example.com or +1 202.434.4227