nanoREV.

Applying Toxic Chemicals Regulations to Nanotechnology

The Project for Emerging Nanotechnologies (“PEN”) recently published a research brief that it terms a “legal” analysis purporting to examine whether provisions related to the Toxic Release Inventory (“TRI”) contained in the Emergency Planning and Community-Right-to-Know Act (“EPCRA”) apply to nanomaterials. PEN is a division of the Woodrow Wilson International Center for Scholars. The brief is entitled Application of the Toxic Release Inventory to Nanomaterials and is available here. The brief’s primary authors, Linda K. Breggin and Read D. Porter, state that the main objective of the brief is “to make a preliminary determination about whether the TRI statutory authorities could be applied to nanomaterials and whether amendments to the law would be needed.”

The brief provides both an overview of the current law and applies it to various commerical and non-commercial facilities using information provided in a series of Standard Industry Classifications ("SIC"). According to the authors, "preliminary analysis suggests that most known commerical nanomaterial facilities would be eligible for reporting under the TRI on the basis of their SIC Codes." The number of commercial nanomaterial facilities actually or theoretically subject to such reporting requirements is small, however, because there are additional requirements for reporting. For instance, besides meeting the definition of a facility, two other conditions apply: (1) the facility must be involved with nanomaterials that are considered to be "toxic chemicals" by the EPA; and (2) the facility must manufacture, process, or otherwise use that toxic chemical in a certain threshold amount (which vary depending on the chemical).

The brief essentially concludes that the TRI could be applied presently to certain facilities involved in nanomaterials production on a theoretical level. The brief admits, however, that further research is needed (toxicological and qualitative) before it can be fully determined if application of the TRI to nanomaterials should be made a priority. The brief suggests that whether the TRI will be applied to nanomaterials facilities rests with both the approach EPA takes to enforcing the law and with the further development of data related to the safety of nanomaterials.