EPA Announces it is Postponing the Effective Date of the New TSCA Nano Rule

The U.S. Environmental Protection Agency (EPA) announced today, through a publication in the Federal Register, that the effective date of the TSCA Nano Rule is delayed until August 14th, 2017.

The final rule, “Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements” (TSCA Nano Rule) was originally published in the Federal Register on January 12th, and was to be effective as of Friday, May 12th. The TSCA Nano Rule outlines reporting requirements for manufacturers, importers, and processors of existing and new discrete forms of nanoscale materials. Specific details on the TSCA Nano Rule, including the EPA definition of a nanomaterial, information requirements, and exemptions is provided in our previous post.

For future manufacturers or processors of nanoscale materials, this means the reporting requirement of at least 135 days before commencing manufacturing or processing, or within 30 days of forming such an intent, does not come into effect until August 14th, 2017. For current/previous manufacturers or processors of nanoscale materials (defined as three years prior to the effective date of the final rule; i.e. August 14th, 2014) – you now have until August 14th, 2018 to meet reporting requirements (1 year from the effective date of the final rule).

The EPA indicated that the effective date was being postposed as it had yet to release guidance to stakeholders, which would facilitate complete and accurate reporting under the rule by helping to clarify concepts such as the reasonably ascertainable reporting standard.