California’s Request for Nanotech Information Provokes Concerns

In late January 2009, California’s Department of Toxic Substances Control sent a letter to more than two dozen businesses and research centers “requiring information regarding analytical test methods, fate and transport in the environment, and other relevant information from manufacturers of carbon nanotubes.” Among the specific questions the agency posed are (i) “What is the value chain for your
company? For example, in what products are your carbon nanotubes used by others? In what quantities? Who are your major customers?”; (ii) “What is your knowledge about the safety of your chemical in terms of occupational safety, public health and the environment?”; and (iii) “When released, does your material constitute a hazardous waste under California Health & Safety Code provisions?”

Environmentalists are reportedly concerned that the questions are “vague” and that companies should be required to provide more specific data. They also apparently complain that giving the companies a year to respond is “generous.” Industry sources are apparently calling the “open-ended” questions a matter for careful consideration by manufacturers because the responses “could be used as an admission
against interest in [Hazard Communication Standard] enforcement actions or tort/product liability actions.” They also caution respondents to assume that the information provided will be widely available.

In a related development, McDonald’s Corp. shareholders have apparently submitted a proposed resolution calling for the board to “publish a report to shareholders on McDonald’s policies on the use of nanomaterials in its products and packaging, at reasonable expense and omitting proprietary information, by October 1, 2009. This report should discuss any new initiatives or actions, aside from regulatory compliance, that management is taking to reduce or eliminate potential human health or environmental impacts.” According to the resolution, McDonald’s is “known to use nanomaterials in its hamburger packaging,” and “has also been reported to use nanomaterials in milk shakes.” The initiative is apparently one of many currently being undertaken by investor activists. More information about these resolutions appears in issue 288 of this Update. See InsideEPA.com, February 13, 2009.