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Register Now For “TSCA Reform – Nine Years Later” Virtual Conference, 8:30 a.m. – 4:30 p.m. (EDT), June 25, 2025: Complimentary registration is now open for this dynamic virtual conference providing updates and insights regarding the current state of Toxic Substances Control Act (TSCA) implementation, ongoing and emerging issues, and related developments. As with our previous TSCA anniversary events, a stellar faculty of speakers from government, non-governmental organizations, industry,...

Candidate Trump promised to roll back regulations when he ran for president last campaign cycle. He has claimed deregulation was a hallmark of his first term and that his second term would be even more “deregulatory.” Experts will disagree on whether any one president succeeds in reducing the federal regulatory burden. What we do know is that Trump 2.0 has taken early and aggressive deregulatory measures expected to significantly impact many sectors of the U.S. economy. 

For all the reasons you might imagine, 2025 is an especially challenging year to speculate on what to expect regarding global industrial, agricultural and biocidal chemical regulatory and policy initiatives. We give it our best shot in this article.

According to the Toxics Use Reduction Institute’s (TURI) website, the Toxics Use Reduction Act (TURA) Program in Massachusetts has received a petition to list carbon nanotubes (both single-walled and multi-walled) and carbon nanofibers.  The TURA Science Advisory Board (SAB) is beginning the process of reviewing these substances and seeks additional information from stakeholders.  SAB’s primary role is to consider petitions to add or delete chemicals from the TURA list and...

The Pace Environmental Law Review (PELR) will publish a themed issue this winter concerning issues in the development and regulation of nanotechnology and biotechnology. Articles or essays should discuss the intersection between nanotechnology and/or biotechnology and environmental issues. PELR encourages submitters to take an interdisciplinary approach to nanotechnology and/or biotechnology from legal and other perspectives, including technology, science, public health, economics, or...

On May 30, 2007, the Canadian Institute for Environmental Law and Policy (CIELAP) released a document entitled Discussion Paper on a Policy Framework for Nanotechnology, which builds on policy issues discussed at a March 16, 2007, workshop. CIELAP states that it supports a goal statement and context for nanotechnology policy that is centered on an explicit recognition and endorsement of sustainable development.  According to CIELAP, the policy challenges for nanotechnology are...

The U.S. Environmental Protection Agency (EPA) posted on September 30, 2013, a final report entitled Comprehensive Environmental Assessment Applied to Multiwalled Carbon Nanotube Flame-Retardant Coatings in Upholstery Textiles: A Case Study Presenting Priority Research Gaps for Future Risk Assessments. The final report presents a case study of multiwalled carbon nanotubes (MWCNT) used in flame-retardant coatings applied to upholstery textiles. EPA states that the case study is organized...

The U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale was published in the April 6, 2015, Federal Register.  EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production...

The U.S. Department of Agriculture (USDA) National Organic Program (NOP) issued on March 24, 2015, a policy memorandum clarifying the status of nanotechnology in organic production and handling under the USDA organic regulations.  The memorandum states that NOP has received questions about the use of nanotechnology.  The memorandum uses the term “engineered nanomaterials” to refer to substances specifically designed and manufactured to have unique properties or behavior attributable to...

Almost seven years ago, the International Center for Technology Assessment (ICTA) filed a petition for rulemaking requesting that the U.S. Environmental Protection Agency (EPA) regulate products containing nanosilver as pesticides and for related other forms of relief.  On March 19, 2015, EPA responded to the petition.  In general, the response does not alter EPA’s legal position with regard to nanosilver and its regulation under the Federal Insecticide, Fungicide, and...

On March 25, 2015, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical...

The French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published on March 10, 2015, an Opinion concerning exposure to silver nanoparticles that “stresses the research that has been carried out to examine the potential health and environmental effects of silver nanoparticles but notes that this is still insufficient to allow the health risks to be assessed.” ANSES states that, based on the conclusions of its April 2014 Opinion on the risks associated with...

ACS Nano, published by the American Chemical Society (ACS), has posted an article entitled “Nanomaterial Categorization for Assessing Risk Potential to Facilitate Regulatory Decision-Making.”  The abstract of the article, which is co-authored by Lynn L. Bergeson, states: For nanotechnology to meet its potential as a game-changing and sustainable technology, it is important to ensure that the engineered nanomaterials and nanoenabled products that gain entry to the marketplace are safe...

The National Nanotechnology Initiative (NNI) published on March 11, 2015, its supplement to the President’s 2016 budget submitted to Congress.  NNI states that the supplement serves as the NNI annual report.  According to the annual report, in 2014, federal agencies invested $1.57 billion in nanotechnology-related activities.  The President’s 2016 request calls for an investment of $1.50 billion, which the report states “affirm[s] the Administration’s continuing...

The Danish Environmental Protection Agency (EPA) published on March 6, 2015, the following reports concerning nanomaterials: Survey of products with nanosized pigments — Focusing on products exempt from the Danish Nanoproduct Register:  The main focus of the study is on paints, wood preservatives, glues, and fillers, as well as on colored textiles.  According to the Danish EPA, the survey contributes to the overview of consumer products with nanomaterials on the Danish market and is...

Environment Canada and Health Canada have released a February 2015 consultation document entitled Proposed Approach to Address Nanoscale Forms of Substances on the Domestic Substances List.  Environment Canada and Health Canada propose a stepwise approach to address nanoscale forms of substances on the Domestic Substances List (DSL): Establishment of a list of existing nanomaterials in Canada; Prioritization of existing nanomaterials for action; and Action on substances identified for...

On January 30, 2015, the American Conference of Governmental Industrial Hygienists (ACGIH®) announced the under study list for its Threshold Limit Values for Chemical Substances (TLV®-CS) Committee.  The under study list includes, under other issues under study, “nanoscale primary particle notation.”  According to ACGIH®, the under study list serves as “notification and invitation to interested parties to submit substantive data and comments to assist the...

On February 16, 2015, the European Food Safety Authority (EFSA) published the 2014 annual report of the EFSA Scientific Network of Risk Assessment of Nanotechnologies in Food and Feed, which is intended to inform the public and the EFSA Advisory Forum about the Network’s specific activities and achievements.  EFSA states that, during 2014, the Network followed-up on its priority areas and contributed to making inventories of applications of nanomaterials already present in the food/feed...

The Consumer Product Safety Commission’s (CPSC) fiscal year (FY) 2016 budget request includes funding to establish a Center for Consumer Product Applications and Safety Implications of Nanotechnology (CPASION), which is intended “to develop robust methods in identifying and characterizing nanomaterials in consumer products; to understand their effects on human exposure; and to develop scientists to advance nanomaterials in consumer product safety research.”  CPSC recommends a $5 million...

On February 2, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNURs) for 27 chemical substances that were the subject of premanufacture notices (PMNs).  The substances include polymer of terephthalic acid and ethyl benzene with multi-walled carbon nanotube (generic) (PMN Number P-13-573), which is subject to a Toxic Substances Control Act (TSCA) Section 5(e) consent order.  The consent order requires the following...

On January 28, 2015, Environment Canada announced that, with Health Canada, it has initiated a review of significant new activity (SNAc) orders and notices currently in place under the Canadian Environmental Protection Act (CEPA).  According to Environment Canada, since publication of the first SNAc in 2001, policies and practices have evolved, particularly with respect to the nature and scope of SNAcs, as well as the wording used to identify “significant new activities.”  The SNAc...

The European Environmental Bureau (EEB) posted on January 13, 2015, a paper entitled “NGO comments on Transparency measures for nanomaterials on the market:  Working conclusions.”  EEB, the Center for International Environmental Law (CIEL), Friends of the Earth (FOE) Australia, and Friends of the Earth Germany (BUND) state that they disagree with most of the EC’s working conclusions regarding the transparency measures for nanomaterials on the market.  The NGOs claim that the...

The Federal Office of Public Health (FOPH) announced on December 17, 2014, that the Federal Council decided to continue the action plan for synthetic nanomaterials until 2019.  The objectives of the action plan include: Development of regulatory framework conditions for the responsible handling of synthetic nanomaterials; Creation of scientific and methodical conditions aimed at identifying and preventing potential harmful effects of synthetic nanomaterials on health and the...

Canada announced on January 9, 2015, that the New Substances Program has published six new risk assessment summaries for chemicals and polymers, including a summary for multi-wall carbon nanotubes.  Environment Canada and Health Canada conduct risk assessments on new substances.  These assessments include consideration of information on physical and chemical properties, hazards, uses, and exposure to determine whether a substance is or may become harmful to human health or...

 On January 13, 2015, the European Commission (EC) and its Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) published the final opinion “Guidance on the Determination of Potential Health Effects of Nanomaterials Used in Medical Devices.”  According to the EC, the Guidance provides information on how to evaluate the risk when a nanomaterial is used in a medical device.  The EC states that the Guidance addresses the use of nanomaterials in medical devices...

The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology Subcommittee of the Committee on Technology, National Science, and Technology Council, will hold a series of webinars in 2015 focusing on the experiences, successes, and challenges for small- and medium-sized enterprises (SME) working in nanotechnology and on issues of interest to the business community. The first webinar, which will address “What are the biggest issues...

According to a Federal Register notice scheduled for publication on December 23, 2014, the U.S. Environmental Protection Agency (EPA) is withdrawing several direct final significant new use rules (SNUR) promulgated on October 27, 2014, including one for functionalized carbon nanotubes (generic) (PMN No. P-13-793). EPA states that it received notice of intent to submit adverse comments on the direct final SNURs. EPA intends to publish proposed SNURs for the chemical substances in the notice.

The Center for Food Safety (CFS) filed suit on December 16, 2014, in the U.S. District Court for the District of Columbia against the U.S. Environmental Protection Agency (EPA) over its failure to regulate novel nanomaterial pesticides.  CFS states in its press release that in 2008, it filed a legal petition requesting that EPA regulate nanosilver products as pesticides.  EPA opened a public comment period on November 19, 2008, in response to the petition, but according to CFS, “nearly six...

The European Commission (EC) issued a December 11, 2014, press release concerning European Union (EU) food labeling requirements that will take effect December 13, 2014.  The European Parliament and the Council adopted the requirements in 2011.  The requirements are intended to ensure that consumers receive clearer, more comprehensive, and accurate information on food content, and help them make informed choices about what they eat.  Under the requirements, all ingredients present in the...

The U.S. Environmental Protection Agency’s (EPA) Fall 2014 Regulatory Agenda, which was posted on the Office of Management and Budget’s (OMB) website on November 21, 2014, includes an item concerning Section 8(a) Toxic Substances Control Act (TSCA) reporting and recordkeeping requirements for chemical substances when manufactured or processed as nanoscale materials.  According to the item, the proposed rule would require that persons who manufacture these nanoscale materials notify EPA of...

On November 24, 2014, the European Parliament (EP) Committee on Environment, Public Health and Food Safety (ENVI) considered draft legislation concerning novel foods.  The Committee amended the draft legislation, proposing a moratorium on the use of nanomaterials in food based on the precautionary principle.  The Committee approved the amended draft legislation by a vote of 57-4, with two abstentions.  EP Member James Nicholson (ECR, UK), who is steering the legislation through...

The European Chemicals Agency (ECHA) published on November 3, 2014, an announcement of appeal of a June 17, 2014, contested decision following a compliance check of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration submitted by Tioxide Europe Limited for titanium dioxide.  In the contested decision, ECHA requested Tioxide Europe Limited submit the following information:  name or other identifier of the substance; composition of the substance; and...

The Ministry of Ecology, Sustainable Development, and Energy published a report, available only in French, concerning the second round of mandatory reporting of nanomaterials.  Under Decree No. 2012-232, companies that manufacture, import, and/or distribute a “substance with nanoparticle status” in an amount of at least 100 grams per year must submit an annual report with substance identity, quantity, and use information.  According to the report, 10,417 declarations were submitted by...

The European Parliament (EP) Committee on Environment, Public Health, and Food Safety (ENVI) has posted a study entitled ENVI Relevant Legislative Areas of the EU-US Trade and Investment Partnership Negotiations (TTIP).  The study analyzes the main differences between European Union (EU) and U.S. legislation in eight areas:  human medicines and medical devices; cosmetics; food and nutrition; sanitary and phyto-sanitary; nanomaterials; cloning; raw materials and energy; and motor...

On October 28, 2014, the Australian Pesticides and Veterinary Medicines Authority (APVMA) held a nanotechnology regulation symposium on developing a regulatory framework for nanotechnologies in Australian agriculture and animal husbandry. The program was based on a draft report entitled Regulatory Considerations for Nanopesticides and Veterinary Nanomedicines. The report addresses relevant aspects of nanotechnology, including definitions, metrology, physicochemical...

During the Sustainable Nanotechnology Organization’s (SNO) 2014 Conference, held November 2-4, 2014, in Boston, Massachusetts, Lynn L. Bergeson presented the session “Current Developments in Nanotechnology Law and Policy.” SNO, a non-profit, international professional society dedicated to advancing sustainable nanotechnology through education, research, and promotion of responsible development of nanotechnology, intended the conference to bring together scientific experts from academia,...

The International Agency for Research on Cancer (IARC) Working Group met on September 30-October 7, 2014, to review the carcinogenicity of fluoro-edenite, silicon carbide (SiC) fibers and whiskers, and carbon nanotubes (CNT). A summary of the evaluations has now been published in The Lancet Oncology. The summary states: Fluoro-edenite fibrous amphibole was classified as carcinogenic to humans (Group 1) on the basis of sufficient evidence in humans that exposure to...

On October 27, 2014, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) for 52 chemical substances, including “functionalized carbon nanotubes (generic).” According to the Federal Register notice, the premanufacture notice (PMN) states that the substance will be used as a thin film for electronic device applications. The notice states that, as described in the PMN, EPA “does not expect significant occupational exposures due to the use of...

The Belgian Royal Decree Regarding the Placement on the Market of Substances Manufactured at the Nanoscale, a Report to the King, and the Opinion of the Council of State were published in the September 24, 2014, issue of the Official Gazette. Substances defined as nanomaterials, and mixtures containing them, must be registered by the Belgian Federal Public Service for Health, Food Chain Safety and the Environment if at least 100 grams of the substance or mixture is placed on the market...

On October 10, 2014, the Office of Science and Technology Policy (OSTP) announced that the President’s Council of Advisors on Science and Technology (PCAST) released the Report to the President and Congress on the Fifth Assessment of the National Nanotechnology Initiative, which concludes that the nanotechnology community is at an important turning point. PCAST recommends that the federal government accelerate its activities aimed at facilitating the commercialization of federally...

After submitting a proposed rule concerning nanoscale materials to the Office of Management and Budget (OMB) on October 6, 2014, the U.S. Environmental Protection Agency’s (EPA) Spring 2014 Regulatory Agenda item concerning nanoscale materials has been revised. The Regulatory Agenda item posted online in May 2014 referred to the development of a significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) that would require persons who intend to...

On October 6, 2014, the U.S. Environmental Protection Agency (EPA) submitted a proposed rule to the Office of Management and Budget (OMB) entitled “Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements.” The Regulatory Agenda item linked to the proposed rule states that EPA is developing a significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) that would require persons who intend...

On September 30, 2014, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) posted a clarification on the meaning of the term “sprayable applications/products” for certain nanomaterials. According to the clarification, the EC Member States asked SCCS to clarify the meaning of the term “sprayable applications/products” in the conclusions of its safety assessments for carbon black CI 77266, titanium oxide, and zinc oxide. The clarification states:...

The European Commission’s (EC) Joint Research Center (JRC) has published a report entitled Towards a review of the EC Recommendation for a definition of the term “nanomaterial” — Part 2: Assessment of collected information concerning the experience with the definition. In the report, JRC assesses information collected between August 2013 and April 2014 from scientists, research institutes, regulatory bodies, non-governmental organizations, and industry regarding implementation of the...

Earlier this week, Dr. John Howard, Director of the National Institute for Occupational Safety and Health (NIOSH) announced that, effective October 6, 2014, Chuck Geraci, Ph.D., CIH, has been appointed NIOSH Associate Director for Nanotechnology. NIOSH states: “As Associate Director for Nanotechnology, Dr. Geraci will ensure that NIOSH maintains its outstanding national and international reputation for scientific achievement in the emerging area of nanotechnology implications for workers....

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of the combined Final 2012 and Preliminary 2014 Effluent Guidelines Program Plans and EPA’s 2012 and 2013 Annual Effluent Guidelines Review Reports. EPA requests comments on its Preliminary 2014 Plan, including the data and information used to support the findings, actions, and conclusions as stated in the Preliminary 2014 Plan. EPA...

On September 16, 2014, the Organization for Economic Cooperation and Development (OECD) published a document entitled Report of the Questionnaire on Regulatory Regimes for Manufactured Nanomaterials 2010-2011. The Report summarizes responses to the Working Party on Manufactured Nanomaterials (WPMN) Questionnaire on Regulated Nanomaterials: 2010-2011, which was issued July 12, 2012. The Questionnaire contained four sections related to the oversight of nanomaterials in various OECD...

In August 2014, the Danish Environmental Protection Agency published the Guideline for the Danish Inventory of Nanoproducts, which is intended to explain how manufacturers and importers of products for consumers should use the new Inventory. The Guideline describes who has a duty to report; which products must be reported; and how to collect information and perform the actual reporting to the Inventory. The Guideline uses questions to determine whether a product must be reported,...

The National Nanotechnology Coordination Office (NNCO) announced in the September 8, 2014, Federal Register that it will hold a technical interchange meeting entitled “Realizing the Promise of Carbon Nanotubes — Challenges, Opportunities and the Pathway to Commercialization” on September 15, 2014. The meeting is sponsored by the National Nanotechnology Initiative (NNI) and co-sponsored by the National Aeronautics and Space Administration (NASA). According to the notice, the objectives...

The European Commission (EC) has posted responses received to its public consultation on transparency measures for nanomaterials on the market. The EC states that it received 202 responses — 100 respondents submitted the questionnaire for industry stakeholders, and 102 respondents submitted the questionnaire for other stakeholders.  Fourteen respondents requested that their contributions would not be published.  All other contributions are available on the EC’s website.  The EC notes...