A member of the legal firm, Barg Coffin Lewis & Trapp LLP, Joshua A. Bloom offers a description of the US Environmental Protection Agency’s (EPA) call for comments on its proposed rule on reporting nanomaterials in an April 16, 2015 posting on Nanotechnology Now,

For the first time, and after multi-year negotiations with, and review by, the Office of Management and Budget, the U.S. Environmental Protection Agency is proposing to use its authority under the federal Toxic Substances Control Act (TSCA) to require companies to provide information on existing nanoscale materials, in addition to reporting for new discrete nanoscale materials before they are manufactured or processed. …

According to EPA, the proposed information-gathering rule is required because more information is needed to understand potential environmental and health effects that may result from use of nanoscale materials. The Agency attempted to obtain similar information in 2008 and 2009 through its voluntary Nanoscale Materials Stewardship Program to “complement and support its regulatory activities on chemical substances manufactured at the nanoscale.” Notwithstanding that effort, EPA estimates that it received information on only about ten percent of nanoscale substances that were manufactured during that time period. …

I had heard about the voluntary program but never come across any data regarding its success or lack thereof. So, thank you Mr. Bloom.

He also provides information about the proposed exclusions,

Excluded from reporting requirements would be certain biological materials (e.g., DNA, RNA, and proteins). In addition, EPA is seeking comment on excluding other biological materials, such as microorganisms and viral-based products, lipids, carbohydrates, enzymes, and peptides. Also excluded would be chemical substances that dissociate completely from water to form ions that are less than one nanometer. EPA further proposes excluding nanoclays, zinc oxide, and chemical substances manufactured on a nanoscale as part of a film on a surface.

Here’s what the EPA does want to know,

The type of information that EPA would require to be submitted under the proposed rule would be similar to that requested under the Nanoscale Materials Stewardship Program—specific chemical identity, material characterization, physical chemical properties, production volume, use, methods of manufacturing, exposure and release information, and existing data concerning environmental and health effects. Such information would need to be submitted “to the extent it is known to or reasonably ascertainable by” the manufacturer or processor.

Also noteworthy is that EPA is seeking comment on consideration of potential future rulemaking regarding periodic reporting. …

For someone who’s interested in the ins and outs of this reporting requirement and attempts to reform the TSCA in Congress, Bloom’s post is a rewarding read. I last wrote about the EPA’s call for comments on its proposed rule on reporting nanomaterials in an April 8, 2015 post.