Inventory Status of Nanoscale

TSCA Inventory Status of Nanoscale Substances - General... 

The first guidance is entitled TSCA Inventory Status of Nanoscale Substances—General Approach (Inventory Status of Nanoscale Substances). ... 

The EPA was constrained by the statutory language of TSCA 3(2), which says the term chemical substance means any organic or inorganic substance of a particular molecular identity. The EPA went on to say in the Inventory Status of Nanoscale Substances guidance that ... 

TSCA Inventory Status of Nanoscale Substances—General Approach, (Jan. 23, 2008) [hereinafter Inventory Status of Nanoscale Substances] available at http //www.epa.gov/oppt/ nano/nmsp-inventorypaper2008.pdf. EPA circulated earlier versions of this document also. 

TSCA does not authorize the EPA to distinguish between chemical substances based on the their particle size, and the EPA states clearly in the Inventory Status of Nanoscale Substances that particle size alone is not a basis for characterizing a substance as a new chemical if either the bulk form or nanoscale form of the chemical is on the Inventory. Therefore, the bulk form of titanium dioxide is on the Inventory and so nanoparticles of titanium dioxide are considered to be on the Inventory. When a nanoscale form of a substance is put on the Inventory, the bulk form is also considered to be on the Inventory. 

At the time the Inventory Status of Nanoscale Substances was written, there were no nomenclature conventions for some nanoscale substances, carbon nanotubes in particular. The EPA said it will assist PMN filers in describing their substances until a nomenclature convention is estabhshed. It will also respond to letters requesting the Inventory status of chemicals that the suhmitter has a bona fide intent to make or import, so long as these letters comply with the requirements set out in 40 C.F.R. 720.25. ... 

The EPA does not expect all nanoscale substances to qualify as new chemicals under the TSCA. The EPA intends to determine whether nanoscale substances are new or existing chemical substances based on the case-by-case approach that it has historically applied in determining the Inventory status of chemical substances. 

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