UPDATE: NNI Bill in Senate

The saga of the status of the NNI Reauthorization Bill in the Senate, S. 3274, continues.  Remember we provided information previously about the status of reauthorization and the dangers involved in letting the legislation lapse.

The NanoBusiness Alliance is reporting that the markup for the bill is now scheduled for September, but no further information is given.  Keep an eye out for movement (hopefully) next month on NNI reauthorization legislation.

Vote on the Status of the NMSP

As most are aware, we've had some discussion on this site recently about the successes or failures of EPA's Nanoscale Materials Stewardship Program.  Well, the website NanoRegNews is asking for your opinion.  Head over to vote on how you think NMSP is doing so far.

Nanotech and the Candidates

On the eve of the Democratic National Convention, I decided to do some quick research on the two mainstream candidate's websites, Barack Obama and John McCain (apologies to any Bob Barr or Ralph Nader supporters), to see what they have said about nanotechnology.  The results are after the jump.

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Tired of Waiting ... for EPA to Act [with apologies to Ray Davies]

The following article is contributed by Richard Denison, Senior Scientist with the Environmental Defense Fund.  It is in response to a recent nanolawreport article regarding EPA's NMSP program.

EDF's recent news release that gave a less-than-glowing review to the performance of EPA's Nanoscale Materials Stewardship Program (NMSP) engendered a critique from Michael Heintz of Porter & Wright, accusing us of being "irresponsible" and potentially "sector damaging." Our release had lamented the mediocre level of participation and lack of transparency surrounding the NMSP.

Michael's basic argument is that we should have more patience and let the NMSP play out over the next two years before saying anything. Those of us following the issue over the past several years know that we've all been waiting a long time already, even as hundreds of nano products have hit the shelves.

EPA dallied nearly 2.5 years after accepting, in November 2005, its own federal advisory committee's recommendation to launch a voluntary program. Also going against that advice, EPA made the program open-ended, while the committee had recommended a limited duration on the order of six months. And — despite being urged to do so by us and other commenters on the draft program plan circulated last year — EPA failed to provide any meaningful metrics by which to measure whether the NMSP is yielding sufficient information or not.

Finally, while EPA is still paying lip service to the possibility of some day developing mandatory reporting rules if enough companies don't volunteer, its advisory committee recommended in 2005 that such rules be developed in parallel with the NMSP — a step EPA appears not even to have begun.

Since our news release, participation in the NMSP has bumped up a bit. As of August 5, EPA had received basic program submissions from 20 companies, with an additional 10 pledging to make such submissions and three indicating interest in the in-depth program.

Moreover, almost certainly in direct response to our criticism, EPA has now actually posted the submissions it received from seven of the 20 companies — while indicating it can't post those from the 13 other companies because the submitters claimed their documents to be confidential business information (CBI). That's a welcome if small step toward the greater transparency we've called for. Why should we have to wait, as Michael argues, until EPA issues its interim evaluation to get access to non-CBI submissions EPA has already received?

I've had a look at those submissions EPA has posted, by the way, and urge Michael and all of you to do so. Despite EPA's statement that they are the "non-confidential submissions," in fact a very large fraction of the information they contain is marked as CBI.

 And while EPA notes that the submissions "cover more than 90 nanoscale materials," information on 63 of those materials came from one company, and 81 materials are covered by the seven companies with posted submissions. Hence, as we suspected, most companies have submitted information on only a single nanomaterial.

 Finally, with few exceptions, the extent of information provided is exceedingly limited even where it is not claimed CBI: For most materials, only cursory information on the material identity and physical-chemical properties is all that is provided. Health and environmental effects information has been provided for at most half a dozen of the materials, and some companies have claimed even that information to be CBI, despite the fact that TSCA prohibits health and environmental studies from being eligible for CBI status.

Call me impatient, but I don't think that launching, after years of delay, a years-long process to collect whatever selective information a selective group of companies already possesses and chooses to provide to EPA is a sufficiently vigorous response to the legitimate public expectation that EPA (and other federal agencies) should be taking effective action to identify, understand and address the possible risks of nanotechnology.

Collecting existing information was only supposed to be step one in EPA's determination of an appropriate regulatory response. How long would Michael have us wait for that?

 

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Director of Cambridge Chamber of Commerce Responds to PEN's Boston Globe Article on Nano-plan.

A letter from the Director of Government Affairs for the City of Cambridge, Massachusetts' Chamber of Commerce was recently published in the Boston Globe responding to a prior opposite editorial article submitted by the Project on Emerging Nanotechnology's David Rejeksi.  The Cambridge Director indicated that he believes the op ed article "takes some liberties in summarizing the recommendations regarding nanomaterials recently accepted by the Cambridge City Council."  He went on to explain that the "recommendations include an inventory of facilities handling these materials, a voluntary technical assistance program using resources in place in Cambridge, public education, and regular reports to the City Council. The recommendations do not include a plan to establish an inventory of materials as Rejeski writes.  Rather, it recommends using existing emergency planning and data collection efforts led by the Cambridge Fire Department and the Local Emergency Planning Committee, in cooperation with the Cambridge Public Health Department, to collect basic information from facilities to assess potential risks, exposures, and exposure mitigation strategies."  You can find a copy of the actual Cambridge Nanotechnology Advisory Committee recommendations here.

 

 

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Nano and the Oympics

As you can probably tell, it's been a slow news week on the nanotechnology front.   But I found the following pretty interesting--nanotechnology has a place in the Olympics.  And no, its not related to the nano-soccer event held earlier this year or the material in Michael Phelps' suit.

Researchers at Northwestern University have used a new form of lithography to reproduce the Beijing Olympics' logo 15,000 times, and all inside of one square centimeter.  The new method, Polymer Pen Lithography, has the unique ability to write in three different scales in one device.

The logos, see below, are so small that 2,500 of them would fit on a grain of rice.  The logos are assembled from dots that were 90 nm in diameter, meaning 20,000 dots were used to make the logos.  Oh, and the whole process only took about 40 minutes.  The researches also constructed an integrated circuit using the same technology, and while likely a bigger discovery, how can it compare to the Olympics?

Image: Mirkin Group, Northwestern University

Environmental Defense and NMSP

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...