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June 26, 2015

EPA Extends Comment Period on Proposed TSCA Section 8(a) Rule for Nanoscale Materials

Lynn L. Bergeson Carla N. Hutton

The U.S. Environmental Protection Agency (EPA) has extended the comment period on its April 6, 2015, proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale.  Comments will now be due August 5, 2015.  EPA will publish a Federal Register notice announcing the extension during the week of June 29, 2015.  EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing data concerning environmental and health effects.  EPA also proposes to require any persons who intend to manufacture or process chemical substances as discrete nanoscale materials after the effective date of the final rule to notify EPA of the same information at least 135 days before the intended date of commencement of manufacture or processing.  On June 11, 2015, EPA held a public meeting to discuss the proposed rule.  More information regarding the meeting is available in Bergeson & Campbell, P.C.’s June 24, 2015, memorandum, EPA Holds Public Meeting on TSCA Section 8(a) Proposed Rule.