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EPA delays effective date of TSCA Section 8(a) rule concerning nanoscale materials

Date: 16/5/2017

The US Environmental Protection Agency (EPA) has announced in a Federal Register notice that the effective date of the rule concerning Toxic Substances Control Act (TSCA) Section 8(a) reporting requirements will be delayed from 12th May 2017 to 14th August 2017.  

EPA notes that Section 553(b)(1)(B) of the Administrative Procedure Act (APA) allows EPA to take action without providing an opportunity for notice or comment when it for good cause finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”  APA Section 553(d)(3) allows the effective date of an action to be less than 30 days when a good cause finding is made.  

EPA states that because of the complex issues regarding the reporting requirements of the rule and the “immediate pendency” of the effective date of the reporting requirements, “it would be impractical to make the effective date of this extension 30 days after its publication, and it would be impractical to get public comments on an extension of the effective date of the rule.”  In addition, according to EPA, the public interest is served by complete and accurate reporting under the rule, “which would be greatly facilitated by publication of the guidance.”  

EPA states that it therefore finds good cause to extend the effective date of the rule without notice and comment.  

Source: Bergeson & Campbell PC

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Did you know?

MWCNT-7 is classified by IARC as ‘possibly carcinogenic to humans’ (Group 2B).