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

EPA Field Activities Relating to Nanoscale Materials

Bradley R. Grams, Environmental ScientistChemicals Management Branch

Land and Chemicals Division, EPA Region 5

About Regions: Roles, Approaches &

General Activities

Regional RolesEPA 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)

General ApproachNanoscale Materials are still covered under

many Federal statutes and regulationsEPA 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.)

General ActivitiesRegion 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

Nanotechnology Definitions

Nanotechnology DefinitionsGenerally, 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 dimensionProperties: The intermediate size generates unique

phenomena and novel propertiesControl: 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 timesClarity is essential in determining where action is requiredAt times it can be easier to treat nanotechnology more

generally due to material/product/waste ambiguity

Nanotechnology Field & Program

Activities

Nanotechnology Concerns in the FieldWhen 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, ResearchNon-EPA Examples: Foods/Food Products,

Personal Care Products (PCPs), Worker Safety (OSHA), certain consumer products

Field Work & Activity Examples - WaterNanoscale 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 DischargeChemical Monitoring & Surveillance of Great Lakes

through the Great Lakes National Program OfficeConsolidation and coordination of POTW/WWTP data

on nanoscale material monitoring & surveillanceAssisting WWTPs and POTWs in source identification

Field Work & Activity Examples- LandNanoscale Materials in Pesticides

Compliance Monitoring and Enforcement for Unregistered nano-pesticides and/or devices Nano-pesticides with inappropriate labeling/pesticidal claimsBoth activities with the Wisconsin Department of Agriculture,

Trade and Consumer Protection under the FIFRA program

Nanoscale Materials in Site RemediationThe 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

Field Work & Activity Examples - Land (continued)

Nanoscale Material Lifecycle AssessmentUsing 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.

Field Work & Activity Examples- Land (continued)

Nanoscale Material Manufacturer/Industrial Production Chemical ReportingProviding 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

NanotechnologyResearch Activities

Research SupportIn 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 interpretationMethod Development

Findings & Program Directions

FindingsNanoscale materials and nanotechnology

issues have required significant monitoring & surveillanceMany information and research gaps still existOverall material definitions are unclearLarge-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 providedMore chemical information is needed

Findings(continued)

As a result of these issues and gaps, emphases have focused on:Enhanced research and laboratory capacity, Increased chemical monitoring and

surveillanceUsing current authorities to address nanoscale

material concerns where necessaryIncreasing interagency collaboration

Future DirectionEPA Region 5 will continue to provide

assistance to State and local Partners as nanoscale material concerns ariseEmphasis on State and local government

assistance and coordinationSector-based, Place-based or community-based

initiativesImproving access to chemical information

Sample State Program Considerations

Within Region 5The 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 AgencyThis 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 childrenWhile this legislation is not nanotechnology/nanoscale material

specific, the program could be utilized as a framework for nanoscale materials

NationallyCalifornia 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

Contacts

Contact

Bradley R. Grams, Environmental ScientistChemicals Management BranchLand and Chemicals Division, EPA Region [email protected] (312) 886-7747 phone(312) 697-2527 fax