On August 4, EPA published a report discussing its intent to develop a data collection rule for nanoscale materials under Toxic Substances Control Act’s (TSCA) Section 8(a). Section 8(a) requires certain manufacturers, importers, or processors of a chemical substance to maintain records and submit reports of production and exposure information.

The report, prepared by the TSCA Interagency Testing Committee (ITC), stated EPA’s intent to develop a proposed TSCA Section 8(a) rule to obtain information on the production, uses, and exposures of existing nanoscale materials. The ITC was established to make recommendations to the EPA Administrator regarding chemical substances and mixtures to which EPA should give priority consideration for testing under Section 4 of TSCA, which gives EPA the authority to require chemical manufacturers and processors to test chemical substances and mixtures.

The report identified the need for additional data for the following nanoscale materials: fullerenes; carbon black; titanium oxide nanowires; titanium oxide nanoparticles; zinc oxide; nanosilver; single–walled carbon nanotubes; multi–walled carbon nanotubes; carbon nanofibers; nanoceramic particles; and nanoclays. The report added that “EPA has indicated that it will ensure that the chemicals where there is ITC interest as described in this [report] are either included in [the proposed Section 8(a) rule] or are otherwise new chemical substances subject to premanufacture notification (PMN) reporting under TSCA. EPA also intends to develop a proposed TSCA Section 4 rule to develop needed environmental, health, and safety data.”

Comments on the notice are due by September 3, 2009