News & Alerts

Proposed US EPA Nano-specific Rulings for TSCA re-emerge

In 2009 the United States Environmental Protection Agency (EPA) initiated work on nano-specific rules under the country's Toxic Substances Control Act (TSCA); Two notices of proposed rulemaking (NPRM) were later submitted by EPA to the White House Office of Management and Budget (OMB). After four years, the original 2010 NPRM have been withdrawn by the EPA, and a new NPRM was proposed to the OMB in October 2014.

The two NPRM submitted by US EPA in 2010 were:

  • rule 2070-AJ67, which primarily aimed to propose a significant new use rule (SNUR) under section 5(a)(2) of TSCA for any nanoscale substances, thus requiring nanoscale material manufacturers, importers and users to notify EPA of their activity prior to commencing it; and,
  • rule 2070-AJ54, which suggested that Section 8(a) of TSCA be used ‘to establish reporting requirements for certain nanoscale materials’.

In their 2014 submission, however, EPA have merged these two NPRM into one; in the new proposed rule 2070-AJ54, the approach using TSCA section 8(a) was kept, while the SNUR approach was withdrawn. With this item, EPA wishes to collect information on nanomaterials under TSCA section 8(a) ‘which would require that persons who manufacture these nanoscale materials notify EPA of certain information including production volume, methods of manufacture and processing, exposure and release information, and available health and safety data’, according to the submission that was made to the OMB. The EPA’s projections estimate a publication of this rule in the Federal Register in March 2015.

Details of the rule have not been made publically available.


Follow this link to view previous NIA reporting on the proposed rulemaking for TSCA to include nano-specific provisions. Please follow this link to access the 2010 rule 2070-AJ67, and the 2010 rule 2070-AJ54, and this link for the revised 2014 rule 2070-AJ54.

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