Nano and Other Emerging Chemical Technologies Law Blog: Lawyer & Attorney : Bergeson & Campbell Law Firm : Nanotech and Chemical Legal Developments

MATTER and the Economic and Social Research Council Centre for Business, Relationships, Sustainability, and Society at Cardiff University will hold a joint conference entitled “Corporate Responsibility and Emerging Technologies: How Nanotechnologies Are Shaping the CSR Agenda” on June 4, 2010, in London. The free conference is intended to focus on the social and ethical dilemmas involved in the use of emerging technologies. The conference is open to all companies and stakeholders who may have an interest in the development of new technologies. The conference will explore key areas that companies should consider when using new technologies from the legal, insurance, and corporate social responsibility (CSR) perspectives, as well as to reflect on what companies are doing already to mitigate the risks and grasp the opportunities. To register for this event, please RSVP direct to drclientseminars@freshfields.com.

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On April 22, 2010, the California Office of Environmental Health Hazard Assessment (OEHHA) announced that, on May 5, 2010, the University of California at San Francisco’s (UCSF) Program on Reproductive Health will hear comments from an expert panel and the public on a draft UCSF document entitled “A Nanotechnology Policy Framework: Policy Recommendations for Addressing Potential Health Risks from Nanomaterials in California.” The draft document includes a number of recommendations for OEHHA and other California policymakers about nanomaterials, including recommendations on assessing their risks. According to UCSF, following the meeting, it will prepare the document in final and present it to OEHHA “to better inform their risk assessment recommendations for decision makers and risk managers.” The draft document includes recommendations concerning characterizing nanomaterials for hazard identification and exposure potential; indentifying sources of nanomaterials; addressing exposure to nanomaterials; prioritizing and characterizing health effects; testing products for safety; and engaging and informing the public. The draft report recommends that, as a first step, “OEHHA should evaluate and ensure that nanomaterials are integrated into their programs and activities in parallel with conventional chemicals.” In addition, the draft report outlines recommendations intended to address nanomaterial concerns and identifies the OEHHA programs through which these recommendations can be implemented.

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On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010 (S.3209), which is intended to address the “core failings” of the Toxic Substances Control Act (TSCA). Also on April 15, 2010, Representatives Bobby Rush (D-IL), Chair of the Subcommittee on Commerce, Trade, and Consumer Protection, and Henry Waxman (D-CA), Chair of the Energy and Commerce Committee, released a discussion draft of their TSCA reform legislation, the Toxics Chemicals Safety Act of 2010. While the bills do not explicitly address nanomaterials, both bills consider “characteristics” of chemical substances. The House bill defines “substance characteristic” as “with respect to a particular chemical substance, the physical and chemical characteristics that may vary for such substance, and whose variation may bear on the toxicological properties of the chemical substance, including (A) chemical structure and composition; (B) size or size distribution; (C) shape; (D) surface structure; (E) reactivity; and (F) other characteristics and properties that may bear on toxicological properties.” The Senate bill defines “special substance characteristics” as such physical, chemical, or biological characteristics, other than molecular identity, that the Administrator determines, by order or rule, may significantly affect the risks posed by substances exhibiting those characteristics. In determining the existence of special substance characteristics, the Administrator may consider: (A) size or size distribution; (B) shape and surface structure; (C) reactivity; and (D) “any other properties that may significantly affect the risks posed.”  How these, and a wide range of other measures in the bills, play out will have a significant impact on new chemicals generally, and nanoscale chemical substances in particular.

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The National Institute for Occupational Safety and Health (NIOSH) announced that laboratory studies, reported in a paper posted online by the journal Nature Nanotechnology on April 4, 2010, discovered that carbon nanotubes were biodegraded by an enzyme found in white blood cells, neutrophils.  According to NIOSH, the researchers demonstrated that, unlike carbon nanotubes that were not biodegraded in this way, the biodegraded nanotubes did not cause inflammation in the lungs of mice.  NIOSH states that the results are important for scientists in evaluating the biological effects of carbon nanotubes, particularly their fate and role in inflammation, and that more research would be needed for determining the applicability of the findings in assessing potential risk in occupational exposures.

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In a February 15, 2010, article entitled “ZnO Particulate Matter Requires Cell Contact for Toxicity in Human Colon Cancer Cells,” researchers report their results of a comparison of the toxicity of two commercial types of zinc oxide (ZnO) to colon cells. According to the researchers, the nano-sized ZnO was more cytotoxic than micrometer-sized ZnO. The researchers state: “Unintended exposure to nano-sized zinc oxide from children accidentally eating sunscreen products is a typical public concern, motivating the study of the effects of nanomaterials in the colon.” The article will be published in Chemical Research in Toxicology.

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On April 5, 2010, the U.S. Environmental Protection Agency (EPA) announced that its Small Business Innovation Research (SBIR) Program awarded $2.38 million to 34 small businesses to develop “innovative, sustainable technologies to protect human health and the environment.” The awards focus on the following environmental research areas: increasing the efficiency of green building materials and systems; manufacturing innovation; prevention, monitoring, and control using nanotechnology; reducing greenhouse gases; new treatment technologies for drinking water; improving water infrastructure; reducing emissions from small air pollution sources and vehicles and biofuels production facilities; new approaches for cleaning up and monitoring hazardous waste sites; and new tools for homeland security systems. Examples of new technologies include NEI Corporation, which will develop a “self-healing nanocomposite to protect drinking water pipes from corrosion.” EPA is also requesting applications for the development of new environmental technologies. Applications are due May 11, 2010.

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During the National Nanotechnology Initiative’s (NNI) March 30-31, 2010, conference regarding “Risk Management Methods & Ethical, Legal, and Societal Implications of Nanotechnology,” Tom Kalil, White House Office of Science and Technology Policy (OSTP), announced that the OSTP would create a new interagency group on emerging technologies, including nanotechnology. Kalil’s announcement is reported in an American Association for the Advancement of Science (AAAS) policy alert, which notes that OSTP intends the group to provide agencies a forum in which to discuss emerging policy issues.

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On March 30, 2010, Michael Bellot, Chief of the U.S. Environmental Protection Agency (EPA) Chemical Risk and Reporting Enforcement Branch, of the Office of Civil Enforcement, Waste and Chemical Enforcement Division, spoke at the Global Chemical Regulations Conference last week. Bellot described manufacturers of nanoscale materials as a “target-rich environment,” and stated that two-thirds of EPA’s 2009 chemical enforcement activity focused on nanoscale materials manufacturers. EPA did not go into detail on the scope of its enforcement activities, but suffice it to say entities that are engaged in nanoscale material manufacture and/or import should be mindful of this information.

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