August 09 ElectroIndustry - 19

carbon nanotubes (CNTs) should be regulated as “new” chemicals. Because of their molecular differences, CNTs may be subject to TSCA requirements as new substances. A month later, EPA announced that it was issuing a significant new use rule for two nanosize substances—siloxane-modified silica particles and siloxane-modified alumina particles—and noted concern for lung and other systemic effects. EPA recommended a 90-day inhalation toxicity test be conducted for each substance, and that any use beyond an additive could result in serious health effects. We may see further acceleration of regulatory oversight of nanotechnology from Congress and the Obama administration. The Natural Resources Defense Council (NRDC) has advocated a nanomaterial risk research program modeled after the National Institute of Environmental Health Sciences Electric and Magnetic Fields Research and Public Information Dissemination (EMF RAPID) program—a project familiar to most NEMA members—but likely much more ambitious because of the sheer scope of nanotechnology in terms of many chemical compounds and differing applications. NRDC’s proposal envisions funding for this research, like the EMF RAPID program, to come from the public and private sectors and managed by federal agencies. Not surprisingly—and with asbestos on their minds—lawyers, insurers, and investor groups are weighing in as well. Lawyers are counseling nanotechnology clients to undertake comprehensive risk assessments, including consultation with independent experts, of nanoparticles and products containing nanomaterials, and adapting supply chain sourcing requirements, manufacturing processes, product designs, and warnings and instructions for use, including material safety data sheets, accordingly. Of particular concern to some product liability lawyers is the potential for class action medical monitoring claims, cognizable in a small number of jurisdictions, where no present physical impairment need be proved. One insurer, Continental Western, announced in 2008 that it would no longer cover bodily injury or property damage claims from nanotubes or nanotechnology in any form. In June 2009, the Investor Environmental Health Network, whose members support reducing the production and use of toxic chemicals, encouraged securities regulators to revise their disclosure standards for liability risks from nanotechnology products, even though the risk of harm may not be understood for years. There is a two-edged sword for the regulatory oversight community. Significant taxpayer and investor money around the world is being spent on promoting nanotechnology research and commercial development of engineered nanomaterials as nations compete for leadership in the commercial sector, hoping to create new national wealth. Some fear that overstating uncertain and unknown risks will negatively impact the public’s risk perception of nanotechnology, making it more likely that irrational fear will drive consumers to avoid new products incorporating nanotechnologies and discourage future investment in the use or deployment of these technologies. On the other hand, concurrent research into health and safety issues and public dialogue may be necessary to protect the public and build consumer and worker confidence in nanotechnology so that the investments pay off in the long-run. ei › Where’s the Money? Illuminations Weekend to Provide In-Depth Coverage of Stimulus Status The centerpiece legislative accomplishment of the Obama administration’s first 100 days was passage of the American Recovery and Reinvestment Act of 2009 (ARRA). But five months after the landmark legislation was signed into law, barely 20 percent of the $787 billion authorized has been committed and less than 10 percent has actually been spent. Of the nearly $75 billion in spending slated for the electrical and medical imaging sectors, not even one half of one percent of the funds has been spent. August 09 • NEMA electroindustry 19
August 09 ElectroIndustry

Table of Contents for the Digital Edition of August 09 ElectroIndustry
