EPA Field Activities Relating to Nanoscale Materials

1. EPA Field Activities Relating to Nanoscale Materials Bradley R. Grams, Environmental Scientist Chemicals Management Branch Land and Chemicals Division, EPA Region 5

2. About Regions: Roles, Approaches & General Activities

3. Regional Roles • EPA Regions are “implementers of program” • Implement EPA programs through research, programs, outreach and/or enforcement • Program Development (e.g., Pollution Prevention, Stewardship, etc.) • Compliance Assistance, Compliance Monitoring & Enforcement • Chemical Monitoring & Surveillance • Work with State and local governments to address their specific needs • State & local government assistance, support and outreach • Government Access assistance (e.g., finding the right resource) • Community engagement (through Environmental Justice, CARE, etc.) • Facility oversight (e.g., addressing non-compliance)

4. General Approach • Nanoscale Materials are still covered under many Federal statutes and regulations • EPA regional efforts have focused on using current authorities (e.g., FIFRA, CWA, RCRA, etc.) at the Federal level to address nanoscale material concerns as they arise • Where applicable or possible, State or local authorities are utilized to supplement Federal actions (e.g., to go beyond federal requirements, address a specific local issue, etc.)

5. General Activities • Region 5 has scientists, engineers and analysts who work with all EPA Headquarters Offices on nanotechnology • Cover nanotechnology in different ways (through voluntary, stewardship or regulatory mechanisms): • Discharges & Water Treatment (CWA & SDWA) • Nano-pesticides (FIFRA), particularly nano-silver (nAg) • Lifecycle and Waste Management (RCRA) • Industrial Nanomaterials (TSCA) • Field Monitoring, Surveillance & Research

6. Nanotechnology Definitions

7. Nanotechnology Definitions • Generally, EPA (Offices and Regions) utilizes the NNI three-part definition in defining nanotechnology or its nanoscale materials, considering: • Size: Approximately 1 – 100 nm in any one dimension • Properties: The intermediate size generates unique phenomena and novel properties • Control: Ability to understand, control, and/or manipulate matter at this scale • Nanoscale material activities at the regional level are most times determined by local, State and Regional needs (e.g., State concerns, community concerns, site issues, etc.) • Definitions of nanotechnology can be unclear at times • Clarity is essential in determining where action is required • At times it can be easier to treat nanotechnology more generally due to material/product/waste ambiguity

8. Nanotechnology Field & ProgramActivities

9. Nanotechnology Concerns in the Field • When people think of nanotechnology regulation, the EPA TSCA program likely comes to mind • However, nanoscale materials are also addressed through many other EPA and non-EPA activities: • EPA Examples: Pesticides, Devices, Releases, Wastes, Industrial Production, Research • Non-EPA Examples: Foods/Food Products, Personal Care Products (PCPs), Worker Safety (OSHA), certain consumer products

10. Field Work & Activity Examples - Water • Nanoscale Materials in Water Treatment • Evaluating claims of water treatment efficacy for homeland security purposes (e.g., temporary hospital utilization) • Evaluation of chemical-specific water treatment methods and effects including nanoscale materials • Nanoscale Materials in Water Discharge • Chemical Monitoring & Surveillance of Great Lakes through the Great Lakes National Program Office • Consolidation and coordination of POTW/WWTP data on nanoscale material monitoring & surveillance • Assisting WWTPs and POTWs in source identification

11. Field Work & Activity Examples- Land • Nanoscale Materials in Pesticides • Compliance Monitoring and Enforcement for • Unregistered nano-pesticides and/or devices • Nano-pesticides with inappropriate labeling/pesticidal claims Both activities with the Wisconsin Department of Agriculture, Trade and Consumer Protection under the FIFRA program • Nanoscale Materials in Site Remediation • The Superfund program has implemented limited site remediation with nanoscale materials (nZVI) for in situ chemical treatment • Nanoscale materials have been gaining traction as an in situ treatment alternative, particularly for halogenated solvent contamination

12. Field Work & Activity Examples - Land (continued) • Nanoscale Material Lifecycle Assessment • Using an integrated approach, evaluating nanoscale materials’ life cycle, for material and waste management • Through the Pollution Prevention (P2), RCRA and TSCA programs, promoting enhanced risk management of materials, particularly at end-of-life • Assisting companies in waste and materials management These activities have been completed with the Wisconsin Department of Natural Resources under the RCRA program, through e-Waste and other materials stewardship programs.

13. Field Work & Activity Examples- Land (continued) • Nanoscale Material Manufacturer/Industrial Production Chemical Reporting • Providing Compliance Assistance to entities in reporting Nanoscale Materials under TSCA • Pre-Manufacture Notices • Health & Safety Information • Testing • Assisting entities in acquiring/providing chemical information • Compliance Monitoring and Enforcement under TSCA

14. NanotechnologyResearch Activities

15. Research Support • In addition to field and program activities, the Region 5 Laboratory also provides research and laboratory support: • Support for Research and Development • Supplemental Research • Capacity Building • Field Operation Support (Sampling and Collection) • Data collection and interpretation • Method Development

16. Findings & Program Directions

17. Findings • Nanoscale materials and nanotechnology issues have required significant monitoring & surveillance • Many information and research gaps still exist • Overall material definitions are unclear • Large-scale sources tend to be very discrete and place-based (e.g., difficult for frameworks) • Lifecycle concerns have not matured to the point at which full analyses may be provided • More chemical information is needed

18. Findings(continued) • As a result of these issues and gaps, emphases have focused on: • Enhanced research and laboratory capacity, • Increased chemical monitoring and surveillance • Using current authorities to address nanoscale material concerns where necessary • Increasing interagency collaboration

19. Future Direction • EPA Region 5 will continue to provide assistance to State and local Partners as nanoscale material concerns arise • Emphasis on State and local government assistance and coordination • Sector-based, Place-based or community-based initiatives • Improving access to chemical information

20. Sample State Program Considerations

21. Within Region 5 • The State of Minnesota is currently implementing the “Toxic Free Kids Act” (Minn. Stat. 2009 116.9401 – 116.9407) • Through the Minnesota Department of Health and Minnesota Pollution Control Agency • This legislation requires the Minnesota Department of Health (MDH) to create two lists of chemicals: one list called “Chemicals of High Concern” and one called “Priority Chemicals.” • In addition, the Minnesota Pollution Control Agency (MPCA) is required to make recommendations about mechanisms to reduce and phase out the use of priority chemicals in children’s products and to promote the use of safer alternatives. • Considers chemical risk in the context of children • While this legislation is not nanotechnology/nanoscale material specific, the program could be utilized as a framework for nanoscale materials

22. Nationally • California EPA’s (Cal/EPA’s) Department of Toxics Control (DTSC) chemical programs: • Cal/EPA DTSC Data Call-in for Carbon Nanotubes • Data Collection for Carbon Nanotubes • Information/Responses publicly available • Green Chemistry Program • Alternatives Analyses/Assessment • Cal/EPA Library • Acquiring Chemical Information • The States of Maine, Michigan, Oregon and Washington, have also begun implementing various types of chemical legislation or executive orders that could regulate or lead to regulation of nanoscale material use/management through other mechanisms

23. Contacts

24. Contact Bradley R. Grams, Environmental Scientist Chemicals Management Branch Land and Chemicals Division, EPA Region 5 grams.bradley@epa.gov (312) 886-7747 phone (312) 697-2527 fax