(137b) Fifra/tsca

Unlike traditional "media" statutes governing air, waste, water, etc., EPA's authority under the its licensing authorities are likely to be the very first regulations applicable to nanoscale materials used in production and in some products. For example, under the Federal Insecticide, Fungicide and Rodenticide Act (aka FIFRA), manufacturers must obtain a registration before sales or distribution of their products. This very authority caused the Agency to re-examine whether Samsung was complying with applicable laws when EPA was made aware of the company's plans to go to market with a nanosilver washing machine. New chemicals must also undergo EPA review as part of the Toxic Substances Control Act (TSCA).

In this discussion, the presenter will examine EPA's regulatory authority to regulate directly nanotechnology as chemicals - not as releases. The presenter will also look at EPA's progress in modifying or interpreting existing laws to apply these authorities to nanotechnology, which may very well be the very first regulation of this new technology by the Federal Government.