May continues to be a busy month for Office of Chemical Control and Pollution Prevention (OCCPP) at the Environmental Protection Agency (EPA). Although, as of this writing, the Administration has not named an assistant administrator appointee, Nancy Beck, formerly at the American Chemistry Council, has accepted a position as the deputy assistant administrator and the office continues to move ahead rapidly on a number of fronts, including the nanoscale materials reporting and record keeping requirements.

In a final rule published on May 12, EPA delayed the effective date of the Toxic Substance Control Act (TSCA) Reporting and Recordkeeping Requirements for Chemical Substances Manufactured or Processed as Nanoscale Materials to August 14, 2017. EPA also published draft guidance on May 16 that responds to questions on the reporting rule. EPA is accepting comments on the guidance until June 15, 2017.

The final TSCA rule established reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed as nanoscale. See82 Fed. Reg. 3641 (Jan. 12, 2017). The rule requires persons that manufacture or process, or intend to manufacture or process these chemical substances to electronically report to EPA certain information. This information includes the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing information concerning environmental and health effects. The rule also includes one-time reporting for existing discrete forms of certain nanoscale materials, and a standing one-time reporting requirement for discrete forms of certain nanoscale materials before those new forms are manufactured or processed. This is a final rule and EPA is not accepting comments on it.