Paul Christopher Sarahan and Avery Emison Carson
May 19, 2010 view as PDF
Law360, New York (May 19, 2010) -- This year could prove to be a dynamic one for manufacturers, processors and importers of engineered nanoscale materials. After years of building interest in the health, safety and environmental implications of nanoscale materials, the U.S. Environmental Protection Agency has signaled an intent to aggressively increase its scrutiny of these operations.
In addition, the United States Congress is considering legislation that would dramatically change the federal government’s review of chemical substances under the Toxic Substances Control Act ("TSCA"). In two other pieces of proposed legislation, Congress would provide funding to train workers in the nanotechnology industry and would provide funding to the U.S. Food and Drug Administration to investigate FDA-regulated substances containing nanoscale materials for toxicity and biological effect.
Nanoscale materials are defined as materials made with nanoparticles having a length of approximately one to one hundred nanometers in any dimension. Because of the size and unique properties of nanoscale materials, some have raised concerns that nanoscale materials may present environmental, health and safety risks that are different from other materials. The study of these potential effects has been outpaced by the development and use of nanoscale materials in commercial operations, as the industry continues to discover fascinating new applications for nanotechnology.
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Paul Christopher Sarahan
Avery Emison Carson