EPA Regulatory Agenda Item Revised to Remove, Then Add Back TBD Effective Date

Since July 20, 2017, when the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions, the entry for the U.S. Environmental Protection Agency’s (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances Control Act (TSCA) Section 8(a) reporting rule for nanoscale materials has been revised at least twice.  As reported in our July 20, 2017, blog item, the Unified Agenda item stated that the final rule effective date is “To Be Determined” (TBD).  On July 22, 2017, the timetable in the Unified Agenda entry, which listed the TBD effective date, had been removed.  Today, July 24, 2017, the timetable is visible again.  The January 12, 2017, final rule requires one-time reporting for existing discrete forms of certain nanoscale materials, and a standing one-time reporting requirement for new discrete forms of certain nanoscale materials.  As reported in our May 12, 2017, blog item, on May 12, 2017, EPA published a Federal Register notice delaying the effective date of the January 12, 2017, rule’s reporting requirements from May 12, 2017, to August 14, 2017.  More information regarding the draft guidance on the rule is available in our May 16, 2017, memorandum, “EPA Seeks Comment on Draft Guidance for Nanoscale Materials Reporting Rule.”  More information on the final rule is available in our January 12, 2017, memorandum, “EPA Promulgates Final TSCA Reporting and Recordkeeping Rule for Nanoscale Materials.”