EPA Issues Draft Guidance for Nano Reporting Rule

MAY 18, 2017

EPA has published draft guidance regarding compliance with its nanoscale reporting rule. The 14-page guidance is in the form of “Questions and Answers” and provides the Agency’s draft responses to 44 common inquires.

As an example, the guidance notes:

Question 6: Is “reporting for mixtures” notifier-specific or substance-specific. For example, if a manufacturer reports and sells to 10 processors, does each processor report?

Answer: Reporting for mixtures is not required, but you must report each individual reportable chemical substance in a mixture. Any reportable chemical substance that is incorporated into a mixture or substrate would require reporting for manufacturing or processing of that chemical substance. If a manufacturer sells a mixture containing a reportable chemical substance to multiple processors, then each processor is also required to report.


The draft guidance comes just after the Agency published a Federal Register Notice, delaying the effective date of the rule from May 12, 2017 to August 14, 2017. The rule’s effective date previously was moved from January 12, 2017 to May 12, 2017.

The Agency published its final nanoscale reporting rule during the waning days of the Obama Administration, setting forth reporting and recordkeeping requirements under TSCA Section 8(a) for certain discrete forms of chemical substances that are manufactured or processed at the nanoscale.

The final rule requires one-time, electronic reporting to EPA of certain known or “reasonably ascertainable” information, including specific chemical identity, actual or anticipated production volume, methods of manufacture and processing, use, exposure and release information, and available health and safety information.

Importantly, there is an exemption to the reporting requirement for small manufacturers and processors that have sales of less than $11 million per year.

In addition to the one-time reporting, the rule provides a standing requirement for advance notice of at least 135 days by any party who intend to manufacture or process any new discrete form of a nanoscale material.

ILMA members should review the rule and the draft guidance to determine whether their company has any reporting obligations.