Blogs

On January 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the U.S. Environmental Protection Agency’s (EPA) 2012 cellulosic biofuel requirements under the renewable fuel standard. American Petroleum Institute v. EPA, D.C. Cir., No. 12-1139. In its January 2012 final rule, EPA projected that 8.65 million gallons of cellulosic biofuel would be produced in 2012, and determined that a reduction in the volume of total advanced biofuels was unnecessary because...

Oral arguments were held on January 16, 2013, in the Natural Resources Defense Council’s (NRDC) case challenging the U.S. Environmental Protection Agency’s (EPA) conditional registration of HeiQ AGS-20, a nanosilver product. NRDC filed suit on January 26, 2012, in the U.S. Court of Appeals for the Ninth Circuit (California). During oral arguments, EPA maintained that NRDC lacks standing to challenge the conditional registration. The judges appeared to reject EPA’s...

On January 18, 2013, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice seeking comment on the types of hazard identification and risk management research to consider in updating its fiscal years 2013-2016 nanotechnology strategic plan. NIOSH states that it wants to “build on the accomplishments of ongoing research” to “develop strategic research goals and objectives for nanotechnology occupational safety and health research...

On January 9, 2013, the Norwegian Climate and Pollution Agency (Klif) posted a notice concerning the annual update of information and mandatory reporting of quantities for chemicals for 2012 to the Norwegian Product Register. The Product Register is the central register for chemical products in Norway, and there are currently approximately 25,000 products registered. According to Klif’s notice, changes include adding a “NANO box” that registrants should mark if the...

The French Ministry of Ecology and Sustainable Development posted a January 8, 2013, memorandum (in French) concerning the annual mandatory reporting of nanomaterials, which took effect January 1, 2013.  Under Decree No. 2012-232, companies that manufacture, import, and/or distribute a “substance with nanoparticle status” in an amount of at least 100 grams per year must submit an annual report with substance identity, quantity, and use information. The report will be due by May 1 for...

On November 21, 2012, Health Canada began a public consultation on a Draft: Guidance Document — Sunscreen Monograph, which is intended to replace the existing 2006 Sunburn Protectants Monograph. The draft Monograph identifies the permitted ingredients, including nano zinc oxide and nano titanium dioxide; doses; directions and indications for use for these products, which will be required to appear on the product labels; and the recommended supporting test methods. The draft Monograph...

The U.S. Environmental Protection Agency (EPA) is scheduled to announce in the January 8, 2013, Federal Register the availability of its 2012 Regulatory Agenda. EPA’s Regulatory Agenda includes the following notice concerning nanoscale materials: Nanoscale Materials; Chemical Substances When Manufactured, Imported, or Processed as Nanoscale Materials; Reporting and Recordkeeping Requirements; Significant New Use Rule: EPA is developing a proposal to establish reporting...

The December 20, 2013, issue of the Official Journal of the European Union includes a corrigendum to the amendment to Regulation 1169/2011 concerning the provision of food information to consumers as regards the definition of engineered nanomaterials. The European Commission (EC) published a notice in the December 19, 2013, Official Journal of the European Union amending the food labeling regulation concerning the definition of engineered nanomaterials. The December 20, 2013, notice...

The Danish Consumer Council and the Danish Ecological Council, in cooperation with the Technical University of Denmark (DTU) Environment, have developed a database intended to help consumers identify more than 1,200 products that may contain nanomaterials. The database is an inventory of products that contain nanomaterials or are marketed with the word “nano.” The website asks users to help “improve and expand” the database “by telling us about products that claim...

On December 20, 2012, U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed a final rule setting forth EPA’s final decision on the issues for which it granted reconsideration pertaining to its March 21, 2011, final rule entitled “Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units.” The December 20, 2012, rule makes technical corrections to the March...

The National Institute for Occupational Safety and Health (NIOSH) is scheduled to publish in the December 19, 2012, Federal Register a request for information and comment on silver nanoparticles. According to the notice, NIOSH has initiated an evaluation of the scientific data on silver nanoparticles “to ascertain the potential health risks to workers and to identify gaps in knowledge so that appropriate laboratory and field research studies can be...

On December 11, 2012, the U.S. Environmental Protection Agency (EPA) and U.S. Consumer Product Safety Commission (CPSC) announced a research collaboration intended to assess potential impacts of nanomaterials on people’s health and the environment.  According to EPA’s press release, the research is part of a “larger international effort” that includes: The press release states that CPSC will use the results of the research to inform:...

U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed on November 30, 2012, a supplemental rule associated with the Renewable Fuel Standard (RFS) Program. The final rule contains a lifecycle greenhouse gas (GHG) analysis for grain sorghum ethanol and a regulatory determination that grain sorghum ethanol qualifies as a renewable fuel under the RFS Program. According to the rule, EPA’s analysis indicates that ethanol made from grain sorghum at dry mill facilities that...

In a November 21, 2012, Canada Gazette notice, Canada amended the Domestic Substances List (DSL). The amendments include the addition of cellulose, hydrogen sulphate, sodium salt, obtained from sulphuric acid hydrolysis of the bleached pulp, with the substance having the following characteristics: Canada added the substance with substance identity number 91343, rather than a Chemical Abstracts Service (CAS) Registry Number. Substances on the DSL do not require notification...

Environmental Law Network International’s (ELNI) recent issue of elni Review includes an article entitled “Law and innovation in the context of nanomaterials: Barriers to sustainable development? Results of an empirical study,” which examines to what degree the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation promotes innovations for sustainability through nanomaterials. The authors surveyed 37 companies based in Germany that...

The European Food Safety Authority (EFSA) published in the October 10, 2012, Official Journal of the European Union a call for tender to prepare a background document on the current knowledge in the field of nanotechnology and prepare an inventory of food additives/food contact materials/feed additives applications of nanotechnologies currently used and/or reasonably foreseen to be used. According to the tender specifications, the tasks will include: The length of the...

On November 28, 2012, the Canada-U.S. Regulatory Cooperation Council (RCC) held a webinar to discuss its RCC Nanotechnology Work Plan. Canada and the U.S. created the RCC to align better their regulatory approaches in a number of areas, including nanotechnology. According to information presented during the webinar, while the U.S. has received 137 notifications concerning nanomaterial substances, Canada has received only 16. While most of the nanomaterial substances...

On November 20, 2012, Lux Research Inc. released a report entitled Bridging the Divide between Demands and Bio-Based Materials, in which the properties and commercial attractiveness of 38 applications and 21 conventional and bio-based polymers were assessed on 13 criteria, with three demand areas promising opportunity, according to Lux. Lux states that materials that fail to connect with end-user demands never reach the commercialization stage. Lux recommends that developers target large,...

The American Fuel & Petrochemical Manufacturers (AFPM) petitioned the U.S. Court of Appeals for the District of Columbia Circuit on November 21, 2012, for review of the U.S. Environmental Protection Agency’s (EPA) 2013 biomass-based diesel renewable fuel requirements. Under EPA’s September 27, 2012, final rule, EPA increased the volume of biomass-based diesel from 1.0 billion to 1.28 billion gallons for calendar year 2013. According to AFPM, a number of factors...

The presentations from the August 14-16, 2012, “Safe Nano Design: Molecule » Manufacturing » Market” workshop are now available. The National Institute for Occupational Safety and Health (NIOSH) Prevention through Design Program and Nanotechnology Research Center held the workshop, during which participants provided input into the safe commercialization of nano products resulting in the development of guidelines for the safe synthesis of nanoparticles and associated products, using a...

The Center for International Environmental Law (CIEL), ClientEarth, and Friends of the Earth Germany (BUND) released on November 13, 2012, a proposal for European Union (EU) legislation to address the risks of nanomaterials. CIEL states that the non-governmental organizations’ (NGO) proposal was prompted by the European Commission’s (EC) October 3, 2012, Communication on the Second Regulatory Review on Nanomaterials. The Communication describes the Registration,...

Environmental Defense Fund (EDF) announced on November 12, 2012, the creation of a website intended to serve as a resource for understanding new chemical testing approaches. These approaches are typically less costly and time-consuming than animal-based tests. EDF notes that while the U.S. Environmental Protection Agency (EPA) has invested resources to create research programs to advance new types of chemical testing and assessment approaches, questions for users...

Presentations from the September 25, 2012, workshop entitled “Challenges and Opportunities for Businesses Engaged in Nanotechnology” are now available online. The workshop, organized by the California Nanotechnology Industry Network (CalNIN) and hosted by the University of California Center for Environmental Implications of Nanotechnology, brought together experts and critical thinkers within the industry. Highlights of the workshop included Dr. Sally Tinkle, Deputy Director...

On November 7, 2012, the National Institute for Occupational Safety and Health (NIOSH) Nanotechnology Research Center (NTRC) posted a document entitled Filling the Knowledge Gaps for Safe Nanotechnology in the Workplace: A Progress Report from the NIOSH Nanotechnology Research Center, 2004–2011. NIOSH established NTRC in 2004 to address occupational safety and health concerns associated with nanotechnology. The progress report summarizes program accomplishments from the inception of NTRC...

BP announced on October 25, 2012, that it canceled its plans to build a commercial-scale cellulosic ethanol plant in Highlands County, Florida, and would instead refocus its U.S. biofuels strategy on research and development and licensing its biofuels technology. BP states that when it announced its plans to build the facility, in 2008, it intended to turn “thousands of acres of energy crops into 36 million gallons per year of cellulosic ethanol.” BP intends to continue to invest in...

On October 24, 2012, the National Academies released a report entitled Sustainable Development of Algal Biofuels, which was produced at the request of the U.S. Department of Energy (DOE). According to the report, biofuels made from algae could provide a domestic source of renewable fuel, but with current technologies, increasing production of algal biofuels to meet five percent of U.S. transportation fuel needs could “create unsustainable demands for energy, water, and nutrient...

On October 19, 2012, the European Comission (EC) began a public consultation on a preliminary opinion entitled Addressing the New Challenges for Risk Assessment. The Inter-Committee Coordination Group of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), Scientific Committee on Consumer Safety (SCCS), and Scientific Committee on Health and Environmental Risks (SCHER) established a joint working group to review risk assessment procedures and new challenges for...

On October 22, 2012, Safe Work Australia announced the availability of a report entitled Human Health Hazard Assessment and Classification of Carbon Nanotubes, as well as an information sheet on the report. The report recommends that multi-walled carbon nanotubes should be classified as hazardous unless toxicological or other data for specific types imply otherwise. The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) prepared the report in support of Safe Work...

On October 30, 2012, the European Chemicals Agency (ECHA) will hold a webinar entitled “How to ensure the safe use of nanomaterials under REACH Part I: Characterisation of nanoforms of substances in registration dossiers.” According to ECHA, the webinar will provide information to registrants on the type of information to be included in a Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration dossier for a substance with nanoform(s). In addition, on...

On October 5, 2012, the U.S. Environmental Protection Agency (EPA) promulgated a final significant new use rule (SNUR) for potassium titanium oxide, which was previously the subject of a consent order under Section 5(e) of the Toxic Substances Control Act (TSCA). EPA states that, based on test data on the premanufacture notice (PMN) substance and structure activity relationship analysis of test data on analogous respirable, poorly soluble particulates (subcategory titanium dioxide), EPA...

The Canada-U.S. Regulatory Cooperation Council (RCC) will hold a webinar on November 28, 2012, on its RCC Nanotechnology Work Plan. Canada and the U.S. created the RCC to align better their regulatory approaches in a number of areas, including nanotechnology. According to the U.S. Environmental Protection Agency (EPA), the purpose of the RCC’s nanotechnology initiative is to increase, where possible, regulatory transparency and coordination between the U.S. and...

During the Third International Conference on Chemicals Management (ICCM3), which was held September 17-21, 2012, participants agreed to add the measures concerning nanotechnologies and manufactured nanomaterials to the Strategic Approach to International Chemicals Management (SAICM) Global Plan of Action. The measures include “exploring the development of registers/inventories and/or market assessment activities of manufactured nanomaterials,” and “promoting the availability of...

On October 3, 2012, the European Commission (EC) announced its adoption of a Communication on the Second Regulatory Review on Nanomaterials, which assesses the adequacy and implementation of European Union (EU) legislation for nanomaterials, indicates follow-up actions, and responds to issues raised by the European Parliament (EP), EU Council, and the European Economic and Social Committee. The Communication concludes that “nanomaterials are similar to normal chemicals/substances in...

Tom Vilsack, Secretary of Agriculture, spoke at the 2012 GreenGov Symposium on September 25, 2012. According to Vilsack, the United States Department of Agriculture (USDA) is working to support the manufacturing industry by increasing the number of biobased products approved for federal purchase. Currently, there are approximately 9,300 BioPreferred products, and USDA intends to make 18,000 BioPreferred products available. Under Executive Order 13,514, federal agencies are required to ensure...

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) has posted an opinion on zinc oxide, nano-form. SCCS approved the opinion for adoption and it is now open for comment by applicants, national authorities, and other interested parties. SCCS considered whether zinc oxide in its nano-form is safe for use as a UV-filter with a concentration up to 25 percent in cosmetic products. SCCS concluded, on the basis of available evidence, that the use of zinc oxide...

The Centers for Disease Control and Prevention (CDC) published a September 20, 2012, Federal Register notice seeking comment on a proposed National Institute for Occupational Safety and Health (NIOSH) exposure assessment and epidemiological study of U.S. workers exposed to carbon nanotubes (CNT) and carbon nanofibers (CNF). The notice states that the proposed research is a cross-sectional study of the current U.S. workforce involved with CNT and CNF in manufacturing and distribution, to be...

Under a draft amendment to the Danish Chemicals Act, the Minister of the Environment would have the authority to write a detailed order establishing the rules for a national database of mixtures and articles containing or releasing nanomaterials. The order would also require producers and importers to report products containing or releasing nanomaterials. The information in the database is intended to form the basis of an evaluation of whether the content of nanomaterials in products on the...

In a September 13, 2012, Federal Register notice, the Office of Science and Technology Policy (OSTP) announced that the National Nanotechnology Coordination Office (NNCO) will hold a webinar on September 20, 2012, to provide an open forum to answer questions and hear suggestions related to the National Nanotechnology Initiative’s (NNI) public website, which was redesigned in April 2011. According to the notice, NNCO is seeking public comment and recommendations on...

On September 11, 2012, the Organization for Economic Cooperation and Development (OECD) posted a brochure entitled “Six Years of OECD Work on the Safety of Manufactured Nanomaterials: Achievements and Future Opportunities.” The brochure notes that “[a]fter six years of work, the OECD and its member countries have come to the conclusion that the approaches for the testing and assessment of traditional chemicals are in general appropriate for assessing the safety of nanomaterials,...

On September 5, 2012, the National Research Council (NRC) released a pre-publication version of a report entitled Science for Environmental Protection:  The Road Ahead. The U.S. Environmental Protection Agency (EPA) asked NRC to assess EPA’s overall capabilities “to develop, obtain, and use the best available scientific and technologic information and tools to meet persistent, emerging, and future mission challenges and opportunities.” The report discusses nanotechnology as an example...

The International Zinc Association (IZA) prepared a response to a recent article entitled “Soybean susceptibility to manufactured nanomaterials with evidence for food quality and soil fertility interruption” and posted on the Proceedings of the National Academy of Sciences (PNAS) website. IZA states that while the article and related reports highlight that nano-zinc oxide improves crop productivity and zinc concentration in plants, they suggest that the concentration...

On August 31, 2012, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) issued a call for experts on the safety assessment of nanomaterials in cosmetic products. Under Article 16 of the Cosmetic Regulation EC No 1223/2009, any cosmetic product containing nanomaterials must be notified to the EC six months prior to being placed on the market. In case of concern, the EC will request SCCS to provide an opinion. According to the EC website, to...

The International Organization for Standardization (ISO) Technical Committee (TC) 229 on nanotechnologies is preparing guidance on the format and content of voluntary labeling for manufactured nano-objects (MNO) and products, preparations, and mixtures containing MNOs. According to ISO, the guidance, ISO/TS 13830:2011, would also address the use of the term “nano” in product labeling. The European Committee for Standardization (CEN) was initially developing the guidance and,...

Lynn L. Bergeson will chair a session of the first Sustainable Nanotechnology Organization (SNO) conference, which will be held November 4-6, 2012, in Arlington, Virginia. The conference will address the critical aspects of sustainable nanotechnology, including lifecycle assessment, green synthesis, green energy, food and agriculture, nanomedicine, industrial nanotechnology, environmental and biological fate, and the overall sustainability of engineered...

The Proceedings of the National Academy of Sciences (PNAS) posted on its website on August 20, 2012, an article entitled “Soybean susceptibility to manufactured nanomaterials with evidence for food quality and soil fertility interruption.” According to the authors, no single study to date has examined the full implications of growing plants to full maturity in field soil contaminated by manufactured nanomaterials. The PNAS study does so for soybeans in farm soil amended...

The French Ministry of Ecology and Sustainable Development published an order in the August 10, 2012, Journal Officiel de la République Française concerning the content and submission requirements for the annual declarations of information relating to nanoparticle substances, as substances or as part of a mixture. The order comes into force on January 1, 2013, and provides details on how companies should meet the mandatory declaration obligations....

On June 20, 2012, European Agency for Safety and Health at Work (EU-OSHA) posted a new literature review entitled Risk perception and risk communication with regard to nanomaterials in the workplace, which found “serious gaps in our awareness of the potential risks involved in handling nanomaterials at work, and serious shortcomings in the way that those risks are communicated to workplaces.” The review intends to: EU-OSHA states that risk communication strategies need to help...

On August 8, 2012, the European Commission (EC) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) posted a request it received from the EC for a scientific opinion on the safety of medical devices containing nanomaterials. According to the request, Notified Bodies have identified the following cases of alleged use of nanomaterials: The EC states that, in addition, there are reports of iron-oxide nanoparticles injected into tumor cells to be heated-up by...

On August 1, 2012, the U.S. Environmental Protection Agency (EPA) posted a final report entitled Nanomaterial Case Study: Nanoscale Silver in Disinfectant Spray, which EPA states “is intended to be used as part of a process to identify what is known and, more importantly, what is not yet known that could be of value in assessing the broad implications of certain nanomaterials.” According to EPA, “[t]he complex properties of various nanomaterials make evaluating them in the...

On July 25, 2012, the Senate Committee on the Environment and Public Works approved Senator Frank Lautenberg’s (D-NJ) amended Safe Chemicals Act of 2011 (S. 847) in a 10-8 partisan vote. While the bill does not explicitly mention nano, potentially relevant provisions remain in the amended text. These include the bill granting the Administrator the ability to determine that a variant of a chemical substance that exhibits one or more special substance characteristics either “is a use that...