EPA extends comment period on nanoscale materials in pesticide products

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on July 13, 2011, extending the comment period concerning possible approaches for obtaining information about what nanoscale materials are present in registered pesticide products until August 17, 2011. EPA received requests from CropLife America, the Biocides Panel of the American Chemistry Council, the Chemical Producers & Distributors Association, the International Center for Technology Assessment, and the NanoBusiness Commercialization Association (NanoBCA).

Nano stakeholders are urged to comment on this important notice, and here is the reason why. The proposal describes several possible approaches for obtaining information about what nanoscale materials are present in registered pesticide products. EPA defines "nanoscale material" as "an active or inert ingredient and any component parts thereof intentionally produced to have at least one dimension that measures between approximately 1 and 100 nanometers (nm)." Under one approach, EPA would use Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 6(a)(2) to obtain information regarding what nanoscale material is present in a registered pesticide product and its potential effects on humans or the environment. Under an alternative approach, EPA would obtain such information using a data call-in (DCI) under FIFRA Section 3(c)(2)(B). According to the notice, EPA believes FIFRA Section 6(a)(2) "is the most efficient and expedient administrative approach to obtaining information about nanoscale materials in pesticides and EPA would prefer to use this approach."

The notice also proposes a "new approach" that EPA will use to determine on a case-by-case basis whether a nanoscale active or inert ingredient is a "new" active or inert ingredient for purposes of FIFRA and the Pesticide Registration Improvement Act (PRIA), even when an identical, non-nanoscale form of the nanoscale ingredient is already registered.