Beveridge & Diamond

Proposed TSCA Amendments Would Target Nanomaterials

Beveridge & Diamond, P.C., June 2, 2010

Recent legislative proposals to overhaul the Toxic Substances Control Act (“TSCA”) aim to greatly increase the level of regulatory scrutiny of nanomaterials. The legislation would authorize EPA to regard all nanomaterials as new chemicals or as having new uses, subject to requirements for notification and review by EPA in advance of manufacture or use. This change is targeted particularly at nanoscale versions of bulk materials already on the TSCA inventory, such as nanoscale titanium dioxide. Further, manufacturers and processors would have to report to EPA about the “special substance characteristics” of chemicals that may affect risk, another provision specifically targeting nanomaterials.

As discussed in a prior alert, the “Safe Chemicals Act of 2010” (“SCA”) bill in the Senate, S. 3209, and the discussion draft for the “Toxic Chemicals Safety Act of 2010” (“TCSA”) in the House of Representatives, both released on April 15, 2010, would make extensive changes to the industrial chemicals management framework in the United States. Part of the impetus for these proposals was the idea, presented at several earlier Congressional hearings, that the current TSCA framework should be modified specifically to better address emerging technologies, particularly nanotechnology. The legislation therefore proposes to allow EPA to deem all nanomaterials to be new chemicals or as having new uses, requiring submission of information before manufacture, import, or processing. Ironically, EPA already plans to require similar information from manufacturers, importers, and processors of nanomaterials whose bulk counterparts are on the TSCA Inventory through a significant new use rule, scheduled to be proposed later in 2010.

This alert highlights and provides background on some of the changes these legislative and agency proposals would present for manufacturers and processors of nanomaterials.

To read the full article, please click here.

For more information, please contact Mark Duvall at or Alexandra Wyatt at




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