On May 12, 2017, EPA’s first rule regulating chemical substances produced at the nanoscale will take effect as part of the Toxic Substances Control Act (“TSCA”). The Nanoscale Rule, part of TSCA Section 8(a), will require all current and future manufacturers and processors to report to EPA when such nanoscale chemical substances are produced in new forms not previously reported to the EPA. Anyone who has produced a new form of a nanoscale chemical substance at any time during the three years prior to May 12, 2017, will have to report to EPA before May 12, 2018 (a one time only report will be required for anyone intending to process a new form after the effective date of the rule – this report will be required 135 days before processing). TSCA recently underwent a major revision through the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Act”). The Act provides for civil penalties of up to $37,500 per violation, per day, under TSCA. Accordingly, if you are a manufacturer or processor of nanoscale chemical substances, you need to be focused on compliance with these new pending obligations and tuned-in to any new EPA guidance on the Nanoscale Rule before EPA enforcement efforts begin.
