EPA foregoes opportunity to improve nanotechnology oversight

Action needed urgently to ensure public and market confidence in safety

WASHINGTON, DC—The U.S. Environmental Protection Agency released its current thinking on whether a nanoscale material is a “new” or “existing” chemical substance under the Toxic Substances Control Act (TSCA). In the document, TSCA Inventory Status of Nanoscale Substances—General Approach, EPA states that it will maintain its practice of determining whether nanoscale substances qualify as new chemicals under TSCA on a case-by-case basis.

According to former EPA official and Project on Emerging Nanotechnologies (PEN) senior advisor J. Clarence Davies, “The agency’s current practice is inadequate to deal with nanotechnology. It is essential that EPA move quickly to recognize the novel biological and ecological characteristics of nanoscale materials. It can do this only by using the ‘new uses’ provisions of TSCA, a subject not mentioned in the EPA’s inventory document. With the approach outlined by EPA and because of the weaknesses in the law, the agency is not even able to identify which substances are nanomaterials, much less determine whether they pose a hazard.”