You get points for recognizing the “Sound of Music’ reference. Of course, the points aren’t useful for anything, which leads me in a roundabout way to Michael Berger’s fascinating May 28, 2013 Nanowerk Spotlight article, Does the EU’s chemical regulation sufficiently address nanotechnology risks? It’s a digest of a discussion, published in Nature Nanotechnology’s May 2013 issue, about nanotechnology regulations in light of the European Commission’s (EC; a unit in the European Union structure) Second Regulatory Review on Nanomaterials.

Berger summarizes Steffen Foss Hansen’s The European Union’s chemical legislation needs revision (article is behind a paywall) and Antonio Tajani’s response to Hansen, Substance identification of nanomaterials not key to ensuring their safe use (article is behind a paywall; Note: Links have been removed from the following excerpt),

The European Union’s chemical legislation known as REACH needs revision argues Steffen Foss Hansen, Associate Professor at DTU Environment, Technical University of Denmark. In a correspondence to the Editor of Nature Nanotechnology (“The European Union’s chemical legislation needs revision”), Hansen argues that REACH needs to be revised in three major areas.

First of all, a distinction needs to be made in the legal text of REACH between the bulk and the nano form of a given material and Hansen argues that the European Commission should acknowledge that nanomaterials cannot be identified solely by chemical composition. Additional main identifiers (such as primary particle size distribution, shape – including aspect ratio – specific surface area and surface treatment) are needed as this is the only manner in which it can be made clear that the properties and behavior of nanomaterials differ fundamentally from each other and from the bulk material.

…

In a response to Hansen’s Correspondence, Antonio Tajani, Vice-President of the European Commission and Commissioner for Industry and Entrepreneurship, writes that substance identification of nanomaterials is not key to ensuring their safe use (“Substance identification of nanomaterials not key to ensuring their safe use”).

Tajani argues that substance identification is only one element and that trying to identify unambiguous rules for substance identification is probably elusive and might result in ever more complex rules on what is considered as the same substance as opposed to different substances, without necessarily resulting in more safety of nanomaterials. Instead, Tajani and the European Commission wish to focus on clarifying what is needed to demonstrate the safe use while also noting that the implementation of regulatory changes would take several years and hence is not desirable.

As per my Oct. 25, 2011 posting (Nanoparticle size doesn’t matter), my thinking on environmental, health, and safety issues regarding engineered nanomaterials has been in the process of change and I note that focusing on the size, shape, and other factors would make regulation next to impossible. So, I’m inclined to agree with Tajani’s arguments that trying to develop “unambiguous rules for substance identification” is not a worthwhile approach to dealing with any EHS issues that nanomaterials may present and will likely prove futile in the same way as gaining points for recognizing my attempted ‘Sound of Music’ reference.

I assume that Tajani and Hansen are referring to engineered nanomaterials as opposed to naturally occurring nanomaterials. (I too forget to specify but unless otherwise noted I’m usually referring to engineered nanomaterials.)

For me, two of the most compelling issues that Hansen presents revolve around a lack of data and standardized testing (from Hansen’s article in Nature),

… there are few measured exposure data and that few environmental fate and behaviour studies are available. …

… there are currently no standardized (eco)toxicity test guidelines in use …

I do wonder how many the word ‘few’ represents as I’m reminded of the plethora of studies on silver nanoparticles and on long, multi-walled carbon nanotubes. Certainly, they are attempting to address the situation regarding consistent testing protocols in the US as per my May 8, 2013 post about the NanoGo Consortium. Perhaps the EC folks could consider using these protocols as a model for a European version?  I assume that Hansen is commenting on a broader, European-inflected picture rather than the piecemeal, ‘globalish’ picture I have formed from my meanderings in the nanosphere.

Hansen also points this out in his Nature article (Note: Footnotes have been removed),

Another disturbing aspect of the Second Regulatory Review on Nanomaterials is that it focuses only on first-generation nanomaterials (that is, passive nanostructures such as nanoparticles). The Staff Working Paper acknowledges that second- and third-generation nanomaterials (for example, targeted drug-delivery systems and novel robotic devices) are entering early stages of market development, …

I’m beginning to find the discussion about definitions and resultant regulations wearing and am coming to the conclusion that the focus should be on bringing the information already gathered together, standardizing tests, determining what is  known and not known, and establishing some forward momentum.