The U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is reportedly reconsidering its current threshold for determining whether a substance qualifies as a nanomaterial. As it stands, a substance meets the criteria if it measures at or below 100 nanometers (nm). However, a recent development suggests that this classification benchmark could be up for review.
According to Bergeson & Campbell, P.C., the OPP has established a work group specifically tasked with reviewing relevant data and information concerning the 100-nm nanomaterial threshold. This action was prompted by a May 2022 EPA item titled “Advancing EPA’s Understanding of the Next Generation of Pesticides”.
While the exact reasoning and potential implications of this internal review remain to be officially detailed, the process creates a possible avenue for updated regulations and standards concerning nanomaterials. For corporate legal professionals who work in industries making use of nanomaterials, this development signifies an important area of focus in the coming months.
In the legal landscape that surrounds emerging technologies, keeping up-to-date with regulatory changes and prospective amendments is crucial for businesses to keep their practices compliant. Therefore, the work of the EPA’s OPP work group should be closely monitored by relevant stakeholders as it unfolds.
Given the increasing use of nanotechnology in a range of industries – from healthcare to electronics and from agriculture to materials science – any shift in the EPA’s approach could have impacts reaching far beyond just the pesticide industry. Legal teams should prepare for any eventualities by staying informed, reviewing any existing company policies regarding nanomaterials, and seeking external legal advice as and when necessary.