Nanotechnology: Much Ado About Little
 
February 23, 2006
 
Robert Rhodes - Atlanta

This is the first in a series of periodic articles on the environmental, health and safety (EHS) implications of the emerging field of “nanotechnology.” Nanotechnology is basically the manipulation of really, really, really small stuff to create materials with new or improved characteristics or capabilities. The “nano” part of this refers to the nanometer measurement. A nanometer is one billionth of a meter (a meter is 1.094 yards). To put this somewhat in perspective, an average human hair is 10,000 nanometers in diameter. Nanotechnology involves working with materials that are from 1 to 100 nanometers in any dimension.

The Science Policy Council of the Environmental Protection Agency (EPA) recently issued a draft white paper to discuss the implications of nanotechnology from an EHS perspective. Some key points in the draft are summarized below:

• Current and Anticipated Stages of Nanotechnology Development

2001 - Now: First Generation (Basic Research and Development/”Passive Nanostructures”)

Products already on the market include certain coatings, polymers and composite materials. Sunscreen is a widely used current application of nanomaterials.

Now - Second Generation (“Active Nanostructures”)

In the immediate future, nanomaterials will be used more extensively in, for example, electronic equipment, targeted drugs and extremely sensitive sensors.

2010 - Third Generation (3-D)

Robotic devices will be used.

2015 - Fourth Generation (Molecular)

Molecule-by-molecule design with the potential for regeneration

The white paper states: “Although it is not likely to happen for some time, integration of these fourth generation nanotechnologies with informational, biological, and cognitive technologies will lead to products that we can now only vaguely imagine.”

• Promise and Challenge

From EPA’s perspective, nanotechnology offers the promise of:

- improved environmental protection because it is highly likely that nanotechnology will result in product development with reduced energy and natural resource exploitation

- improved capacity to monitor and detect environmental conditions using nanotechnology sensors

- improved capacity to clean up existing environmental contamination.

On the other hand, nanotechnology presents certain EHS challenges:

- Nanomaterials can act differently both physically and chemically than larger particles and it is not known what unique impacts they may have on human health or the environment either during use or upon disposal.

- Existing risk assessment modeling assumptions and physical modeling techniques may not be applicable.

- It is unclear whether nomenclature and substantive provisions in several of the existing environmental laws and regulations are adequate to address nanomaterials although the White Paper asserts that EPA authority under TSCA, FIFRA, CWA, CAA, RCRA and CERCLA can and will be used.

• Recommendations

- The white paper urges those in the nanotechnology business to participate in voluntary pollution prevention and environmental stewardship programs and further urges governmental action to provide assistance and incentives for participation.

- The white paper proposes a host of research projects to assist in the development of new environmental enhancement/protection nanotechnology and to assess the EHS risks of nanotechnology.

- The white paper proposes a number of intra-agency and inter-agency collaborations as well as cooperation and collaboration with the international community on this issue.

- Finally, the white paper recommends enhanced internal training. (The report refers to an existing working group called the “Nano-Meeters.” Who said EPA scientists are not funny?)

In comments on the white paper issued in late December 2005, the Environmental Law Institute was critical of EPA’s failure to spend more time addressing the adequacy of existing legal authorities to address the EHS challenges related to nanotechnology. We can expect a healthy debate in the coming months over the most effective way to foster the promise of nanotechnology advances while assuring effective EHS protection.

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