Nanotechnology Update: Small Particles Getting Big Attention
 
November 3, 2006
 
Robert Rhodes - Atlanta

Since the publication of our introductory article on the environmental, health and safety (EHS) implications of nanotechnology,¹ this issue has received ever increasing attention by federal regulatory agencies and Congress. Trade press articles appear now at least weekly if not more often. Recurring themes include continuing uncertainty as to how nanotechnology EHS issues will be addressed under existing environmental laws and growing concern about the lack of detailed research into the potential EHS impacts of nanoparticles. Some of the more significant recent developments include:

NIOSH – The National Institute for Occupational Safety and Health announced earlier in the year that it was establishing an interdisciplinary team to assess health and safety practices at facilities using nanotechnology. The agency has asked entities involved in the manufacturing or use of nanomaterials to volunteer to make their operations available for assessment. NIOSH has also developed a comprehensive library of available information concerning potential occupational hazards related to nanomaterials.

EPA – The U.S. Environmental Protection Agency announced in March that it was working on the development of a “stewardship program” for nanomaterials. This effort will include consultations with experts to identify types of characterization data needed for comprehensive evaluation and appropriate test methodologies to develop these data. In the summer, EPA received briefings from representatives of the American Bar Association’s Section on Environment, Energy and Resources concerning the potential applicability of existing environmental laws and regulations on nanomaterials. More recently, EPA announced that it had carried out premanufacture review of 15 substances containing engineered nanoparticles and concluded that only one of these substances reflected unique physical characteristics.

FDA – In August, the Food and Drug Administration announced that it was forming an internal Nanotechnology Task Force to develop potential approaches to regulation of products within the jurisdiction of the agency that used materials incorporating nanoparticles. This action followed the agency’s receipt in May of a petition filed by multiple public interest organizations demanding that the agency develop regulations in this area. The petitioners specifically criticized FDA for failing to regulate sunscreens containing nanoparticles.

ASTM – The ASTM International Committee E-56 on Nanotechnology has finalized a nanotechnology terminology standard (E 2456) which will be effective as of October 1, 2006. The committee continues to work on standards for testing and other EHS issues related to nanotechnology. The committee will next meet in November 2006 in Atlanta.

Finally, the Congress of the United States is beginning to focus more intently upon nanotechnology issues. The House Science Committee held a hearing on this issue on September 21, 2006. Both the chair and ranking member of the committee were critical of the limited amount of funding being applied to basic research into the potential EHS impacts of nanoparticles.

We will continue to provide updates on the EHS implications of what some have described as the next Industrial Revolution.

For more information, e-mail Robert L. Rhodes, Jr. at rob.rhodes@hklaw.com or call toll free, 1-888-688-8500.

¹ “Nanotechnology: Much Ado About Little,” Holland & Knight Environment Newsletter, First Quarter 2006, available at /id24660/PublicationId1855/ReturnId34/contentid48257/.