nanotechnology oversight - Project on Emerging Nanotechnologies

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APPENDIX C: PROPOSED LEGISLATIVE CHANGES IN TSCA
(Detailed conforming provisions are omitted.)
1. Include nanomaterials as new chemicals.
Add to section 3(2)(A) the following: “(iii) any
material produced in a form where one or more
dimensions is less than 100 nanometers and where
physical, chemical, or biological properties differ
significantly from similar materials with the same
chemical identity due to its nanometer structure,
even if such material has the same molecular identity
as a chemical already on the inventory, unless a
substantially identical nanomaterial is already on
the inventory.”
2. Allow EPA to obtain information to determine
the risk of new chemicals.
Delete section 5(e)(1)(A)(ii).
Delete section 5 (e)(1)(C).
3. Remove unrealistic constraints on EPA’s rulemaking
ability.
At the end of the first paragraph of section 6(a)
delete “using the least burdensome requirements.”
Delete second paragraph of section 6(c)(1) (“If
the Administrator determines that a risk of injury
to health or the environment could be eliminated
or reduced to a sufficient extent by actions taken
under another Federal law … ”).
Delete section 9 (“Relationship to Other
Federal Laws”).
Modify the procedural requirements of sections
6(c)(2) and (3).
Delete section 19 (c)(B) ( “substantial evidence
in the rulemaking record”).
4. Modify the constraints imposed by the CBI provisions.
Add to section 14(a) a new paragraph: “(5) may
be disclosed to any state government, foreign
nation, or international governmental organization
provided that it has safeguards deemed by the
Administrator to be adequate for the protection of
the information and subject to such other conditions
as the Administrator may impose.”
Amend section 14 to require that information
labeled CBI be accompanied by a certification,
signed by a responsible official of the submitting
firm, that the confidentiality is necessary and justifiable
and setting forth the specific and particular
reasons for the confidentiality.