White House Thwarts EPA Data Collection On Nanoscale Substances, Law Forum Told

Richard Denison, a senior scientist at the United States-based Environmental Defense Fund, said the U.S. Environmental Protection Agency (EPA) cannot get the information it needs to make science-based decisions about nanoscale chemicals and pesticides, largely due to the White House Office of Management and Budget not clearing proposals that would allow the agency to gather data.  According to Denison, “OMB is sitting on rules that would allow EPA to get basic information the agency needs to do its job.”  The OMB has not completed its review of both a proposed data-collection notice and a rule, something it typically can conduct within 90 days.  It has had this notice and rule since July 2010.  Denison argues that the OMB has delayed its approval of the data-collection efforts because of requests from manufacturers of pesticides and chemicals with nanoscale ingredients, and due to concern that the use of nanotechnologies would be stigmatized.   OMB responded that it is “working closely with EPA to ensure that any new regulatory frameworks relating to nanotechnology or other emerging technologies strike the right balance between supporting the development of societal benefits and protecting against risks to human health and the environment. As with any proposed regulations of this complexity and consequence, the regulatory review period will take time.”  Participants at a recent forum, “Nano Governance: The Current State of Federal, State, and International Regulation,” sponsored by a section of the American Bar Association, speculated that the OMB’s review may have been delayed as the federal government attempts to develop a strategy for reviewing emerging technologies such as nanotechnology.

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