By Porter Wright on Readers may interested in learning that EPA issued a clarification today regarding its single-walled and multi-walled carbon nanotube SNURs previously issued in June 2009. EPA’s announcement follows. Stay tuned . . . Good afternoon. On June 24, 2009, the U.S. EPA issued final Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for … Continue Reading
By Porter Wright on Here is the Summer 2009 edition of Nanotechnology Law Report. The newsletter contains the below-listed articles (and more): EPA Issues Significant New Use Rules for Carbon Nanotubes Are Nanoparticles Released by Cutting or Compounding Nano-Composites? Annual Nano TiO2 Production Estimated at 44,000 Metric Tons Are Nano Consumer Products Headed Underground? Oversight of Next Generation Nanotechnology … Continue Reading
By Porter Wright on In the June 24, 2009 federal register, the U.S. Environmental Protection Agency (EPA) issued two proposed Significant New Use Rules (SNUR) under Section 5(a) of the Toxic Substances Control Act (TSCA) for multi-walled and single walled carbon nanotubes. The SNURs followed up on the EPA’s prior September 2008 consent orders entered into with Thomas Swan & … Continue Reading
By Porter Wright on Inside U.S. Trade reports three interesting nano-regulatory developments: (i) the "EPA has signaled that it may soon decide to regulate nano-silver as a pesticide under " FIFRA; (ii) the "EPA may rule favorably on some points" raised in the 2008 citizen’s petition filed by 14 advocacy groups seeking more restrictive regulation of nanoscale silver; and … Continue Reading
By Porter Wright on On January 22, 2009, California’s Department of Toxic Substances Control (DTSC) sent a formal request to several California manufacturers and/or importers of carbon nanotubes seeking information regarding analytical test methods, environmental fate and transport, and other relevant environmental, health, and safety information regarding carbon nanotubes. The request was issued by DTSC under its authority granted under California’s Health and Safety … Continue Reading
By Porter Wright on Earlier today, the EPA published an interim status report regarding its Nanoscale Materials Stewardship Program. A final report is expected in early 2010. Nanoscale Materials Stewardship Program, Interim Report, January 2009, U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics. At the outset, EPA notes that "[t]he findings and conclusions [of the] report should not … Continue Reading
By Porter Wright on On January 12, 2009, US EPA published its first of two anticipated reports on the Nanoscale Materials Stewardship Program. The "interim report," is 38-pages, and we’ll have additional thoughts once we have a chance to digest the report. EPA also states that it anticipates publishing a final report in early 2010. … Continue Reading
By Porter Wright on In recent days, the US EPA’s National Center for Environmental Research and the United Kingdom’s Natural Environment Research Council, Physical Sciences Research Council, Department for Environment, Food and Rural Affairs, and Environment Agency announced a "joint research effort to develop and validate predictive tools and similar conceptual models that predict exposure, bioavailability and effects of manufactured nanomaterials … Continue Reading
By Porter Wright on This article, which appeared in the Nov. 17, 2008 issue of Pesticide & Toxic Chemical News, Volume 37, No. 3, was reproduced with permission from Agra Informa. Further use of this article is prohibited without the express written permission of the publisher. For more information about Pesticide & Toxic Chemical News, Food Chemical News or other Agra … Continue Reading
By Porter Wright on Today, US EPA issued a Federal Register notice stating the Toxic Substances Control Act (TSCA) registration requirements are "potentially applicable to carbon nanotubes." EPA confirmed its position the CNTs are "chemical substances distinct from graphite or other allotropes of carbon listed on the TSCA inventory." The bottom line is stated succinctly by EPA: "Many CNTs may therefore … Continue Reading
By Porter Wright on The EC’s 2006 Registration, Evaluation, Authorisation and Registration of Chemicals ("REACH") regulations place "the responsibility for the management of the risks of [chemical] substances with. . .[the companies that] manufacture, import, place on the market or use [the] substances in the context of their professional activities." Guidance on Registration, Guidance for the Implementation of REACH, European … Continue Reading
By Porter Wright on Last month we reported on a press release by Thomas Swan & Co. Ltd. of the United Kingdom indicating the company had recently entered into a PMN consent order with the EPA under the Toxic Substances Control Act (“TSCA”) concerning one of its multi-walled carbon nanotube (MWCNT) products. Barring an unusual coincidence, it appears that EPA has … Continue Reading
By Porter Wright on The U.S. Environmental Protection Agency’s Office of Inspector General (OIG) "helps the Agency protect the environment in a more efficient and cost effective manner. [It] consist[s] of auditors, program analysts, investigators, and others with extensive expertise" who are tasked with evaluating EPA’s ability to deliver on key Agency policies. Risk Policy Report ran an article yesterday (October 14, … Continue Reading
By Porter Wright on Last week, EPA and Thomas Swan & Co. Ltd. released the agency’s first manufacturing consent order with regards to nanotubes. The consent order was entered into between the two parties through the pre-manufacture notice (PMN) portion of the Toxic Substances Control Act (TSCA).… Continue Reading
By Porter Wright on The advocacy group Environmental Defense Fund recently issued a press release declaring that all the data submitted to the EPA under the voluntary Nanoscale Materials Stewardship Program is entering a "black hole." However, this conclusion is premature at best, and sector damaging at worst.… Continue Reading
By Porter Wright on Cambridge, Massachusetts Nanotechnology Advisory Committee Recommends Registration of Engineered Nanoscale Materials Deadline for Similar Voluntary Registration Program by U.S. EPA Closes Washington, D.C. – July 28, 2008 – Porter Wright attorney John C. Monica, Jr., served as part of the Nanotechnology Advisory Committee of Cambridge, Massachusetts (NAC), which, after a year of deliberation and information … Continue Reading
By Porter Wright on The first phase of EPA’s voluntary Nanoscale Materials Stewardship Program (NMSP) closes on Monday. For those keeping track, the most up-to-date NMSP participation statistics as of July 24, 2008 follow. It is shaping up to be a very respectable list of participants. Submissions Under Basic Program: (9 submissions – covering 68 nanoscale materials) DuPont; Nanophase Technologies Corporation; … Continue Reading
By Porter Wright on As Mike Heintz reported earlier today, the Woodrow Wilson International Center for Scholars’ Project on Emerging Nanotechnologies issued a report yesterday providing some guidance regarding where it believes the next administration should start with the issue of nanotechnology regulation next January. J. Clarence Davies, "Nanotechnology Oversight: An Agenda for the New Administration," Woodrow Wilson International Center for Scholars, … Continue Reading
By Porter Wright on With all of the interest in nanosilver generated by the recent EPA petition filed by the International Center for Technology Assessment, I thought I would post some background material on EHS issues surrounding silver. A couple of disclaimers: the material is not comprehensive, and you might see parts of it again in "Nanotechnology Law and Policy" … Continue Reading
By Porter Wright on By now you’ve heard about US EPA’s voluntary nanomaterials reporting program, the Nanoscale Materials Stewardship Program. Circle July 28, 2008 on your calendar, as that’s when the window for voluntary reporting under the Basic Program closes.… Continue Reading
By Porter Wright on On March 5, 2008, the US EPA announced that it had fined the company IOGEAR for "for selling unregistered pesticides and making unproven claims about their effectiveness." The fine, reached via settlement, was for $208,000, and IOGEAR has since removed its pesticide claims from the offending products.… Continue Reading
By Porter Wright on Earlier today, Assistant Administrator James Gulliford, of US EPA’s Office of Pollution Prevention and Toxics (OPPT) conducted a question and answer session related to his office’s work regarding nanomaterials.… Continue Reading
