PRODUCT SAFETY IN NANOTECHNOLOGY EIN 5322 Project Fall 2007 Jonathan Rivera INTRODUCTION Overview - A look at the role product safety is playing in the development of nanotechnology, including initiatives by government, private, and international sectors to address safety concerns and challenges. Why is this topic important? – nanotechnology affects a wide range of people and industries; addressing product safety helps ensure technology reaches its full potential; regulation is forthcoming; protection of public health and safety and the environment is essential in engineering ethics INTRODUCTION OUTLINE I. II. III. IV. V. VI. Development of Nanotechnology Relation of Product Safety to Engineering Ethics Product Safety Concerns in Nanotechnology Current Governance Initiatives Challenges in Addressing Product Safety Summary DEVELOPMENT OF NANOTECHNOLOGY What is nanotechnology? “…the creation and utilization of materials, devices, and systems through the control of matter on the nanometerlength scale—at the level of atoms, molecules, and supra-molecular structures.” – National Science and Technology Council “The science and technology of controlling matter at the nanoscale” – Environmental Law Institute & WWISC “…the processing of, separation, consolidation, and deformation of materials by one atom or by one molecule…” – Norio Taniguchi, Professor, Tokyo Science University, 1974 DEVELOPMENT OF NANOTECHNOLOGY What is nanotechnology? No official definition; generally accepted definition by National Nanotechnology Initiative: 1. 2. 3. Research and technology development at the atomic, molecular or macromolecular levels, in the length scale of approximately 1 - 100 nanometers Creating and using structures, devices and systems that have novel properties and functions because of their small and/or intermediate sizes, and Ability to be controlled or manipulated on the atomic scale DEVELOPMENT OF NANOTECHNOLOGY What is nanotechnology? DEVELOPMENT OF NANOTECHNOLOGY What is nanotechnology? A multi-disciplinary field extending existing science into the nanoscale size Manipulating materials at the nanoscale can change the electronic, magnetic, mechanical, chemical, optical, structural, and functional properties of a substance, producing unique phenomena that can be applied in novel and ground-breaking ways DEVELOPMENT OF NANOTECHNOLOGY What is nanotechnology? Identifying what constitutes a nanomaterial is the subject of substantial debate in the scientific, regulatory, and standards communities Several terms used to describe nanomaterials depending on shape and structure, such as nanoparticles, nanocrystals, nanotubes, nanowires, nanopores, fullerenes, dendrimers, and nanoshels DEVELOPMENT OF NANOTECHNOLOGY History 1959 – speech by physicist Richard Feynman at Caltech - “There's Plenty of Room at the Bottom” – introduced idea of manipulating individual atoms and molecules 1980s – advances in microscopy enabled developments in nanotechnology 1985 – discovery of fullerene by Robert F. Curl, Jr., Sir Harold W. Kroto, and Richard E. Smalley (Noble Prize in Chemistry 1996) DEVELOPMENT OF NANOTECHNOLOGY History 1991 - discovery of the nanotube by Sumio Iijima (NEC Corporation) - “jumbotron lamp” in athletic stadiums 2000 - first nano-structured coating for gears of air conditioning units on U.S. Navy ships – DOD estimates $20 million reduction in maintenance costs over 10 years DEVELOPMENT OF NANOTECHNOLOGY Wide range of impacted industries and products, including: Automobile Electronics Building & Household Products Medicine Consumer Products DEVELOPMENT OF NANOTECHNOLOGY Existing and near term applications DEVELOPMENT OF NANOTECHNOLOGY Other applications: Temperature controlling fabrics Hearing aid implants Cancer tagging mechanisms Temperature dependent smart roofs Advanced water filtration systems Breakdown of biological warfare agents Precise surgical tools Groundwater remediation Breakdown of manufacturing waste DEVELOPMENT OF NANOTECHNOLOGY DEVELOPMENT OF NANOTECHNOLOGY The market today Over 700 nano-based products (including consumer products) currently available in U.S. Over 1600 companies producing and selling nano-based products in U.S.; ½ small businesses In 2005, U.S. government invested $1.6 billion in research and development; U.S. based corporations invested $1.7 billion In 2004, state and local governments invested over $400 million in research, facilities, and business incubation programs DEVELOPMENT OF NANOTECHNOLOGY The market today In 1990, approx. 200 patent applications filed (worldwide); by 2002 over 1900 patent applications Number of consumer products (worldwide) using nanotechnology more than doubled since March 2006, from 212 to 475; clothing and cosmetics top the list (77 and 75 products, respectively); others include bedding, jewelry, sporting goods, and nutritional and personal care; over $30 billion in manufactured goods; U.S. leads with 247 products – 58% increase from 2000 DEVELOPMENT OF NANOTECHNOLOGY The market today One of the top research priorities of the U.S. government today; Japan, China, Korea, as well as several European countries have made leadership in nanotechnology national priorities Interesting fact: Over 80% of general public knows very little or nothing about nanotechnology DEVELOPMENT OF NANOTECHNOLOGY DEVELOPMENT OF NANOTECHNOLOGY DEVELOPMENT OF NANOTECHNOLOGY DEVELOPMENT OF NANOTECHNOLOGY The future market By the year 2015: Nano-based products could constitute over 15% of the global manufacturing output Revenues from nano-based products could total over $2.6 trillion Nanotechnology could surpass the impact of the Industrial Revolution DEVELOPMENT OF NANOTECHNOLOGY The future market Nanotechnology is one of three areas of substantial investment [for General Electric]…potential for helping develop high-heat resistant blades for gas turbine engines, more efficient MRI contrast agents, and high-strength lightweight components for a variety of products. - Jeffrey Immelt, General Electric Nanotechnology will form the foundation for revolutionary discoveries and advancements in the decades to come. It will profoundly influence the competitiveness of companies in every relevant industry. - Herbert Riemenschneider, Degussa Corporation PRODUCT SAFETY RELATION TO ENGINEERING ETHICS Engineering ethics – applying ethical principles to the engineering profession, where engineers are obligated to uphold certain standards of conduct in the interest of the public, clients, employers, and the profession as a whole All engineers faced with similar ethical issues (e.g., whistle blowing, product liability, quality, legal compliance, conflict of interests, bribery, treatment of confidential or proprietary information, outside employment) PRODUCT SAFETY RELATION TO ENGINEERING ETHICS During the rise of the engineering profession in the 19th century, professional societies were developed, such as ASCE (1851) and AIEE (1884) With significant structural failures, such as Tay Bridge Disaster (1979) and Quebec bridge collapse (1907), formal codes of ethics where established PRODUCT SAFETY RELATION TO ENGINEERING ETHICS No single, uniform system, or standard, of ethical conduct across entire engineering profession, however codes of ethics established by engineering professional societies (BMES, IEEE, ASCE, ASME, NSPE, International: ICE in UK, several societies in Canada) PRODUCT SAFETY RELATION TO ENGINEERING ETHICS National Society of Professional Engineers (NSPE) extends licensing and code of ethics in the U.S. Licensed engineers subject to ethics laws; code of ethics written into law in most states Many similarities between codes of ethics across professional engineering societies PRODUCT SAFETY RELATION TO ENGINEERING ETHICS Core concepts present in engineering code of ethics: Public Interest – protection and enhancement of the health, safety, welfare, and quality of life of the public Truth, Honesty, and Fairness – being honest and impartial; communicating consequences of work; maintaining confidential information; acting as a faithful agent or trustee; avoiding conflicts of interest; basing decisions on merit, competence, and knowledge without biases; not giving or accepting bribes; being truthful in discussions, reports, and actions PRODUCT SAFETY RELATION TO ENGINEERING ETHICS Core concepts present in engineering code of ethics: Professional Performance – possessing competence in work undertaken, and striving to continually improve on competence; extending knowledge to others; accepting responsibility for actions; giving appropriate credit to others PRODUCT SAFETY RELATION TO ENGINEERING ETHICS Core ethic: safety, health, and wellness of the public "A practitioner shall, regard the practitioner's duty to public welfare as paramount." – Professional Engineers Ontario (PEO) "Engineers, in the fulfillment of their professional duties, shall: Hold paramount the safety, health, and welfare of the public.“ – National Society of Professional Engineers (NSPE) "We, the members of the IEEE…do hereby commit ourselves to the highest ethical and professional conduct and agree…to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment;" – Institute of Electrical and Electronics Engineers (IEEE) PRODUCT SAFETY CONCERNS IN NANOTECHNOLOGY Overall Concern Nanomaterials, because of their unique properties, may behave differently than the same material in bulk form, having the potential to be toxic to humans and the environment PRODUCT SAFETY CONCERNS IN NANOTECHNOLOGY Initial studies have indicated that nanomaterials: can penetrate individual cells deposit in organ systems trigger inflammatory responses affect biological behavior at the cellular, sub-cellular, and protein levels PRODUCT SAFETY CONCERNS IN NANOTECHNOLOGY Studies in 2004 Brain tissue in bass inflamed and damaged as a result of exposure to aqueous fullerenes (Eva Orberdorster, Southern Methodist University, Journal: Environmental Health Perspectives, Vol. 112) Immune cells gather around clumps of nanotubes in rats’ lungs (David Warheit, researcher, Dupont, Journal: Toxicological Sciences, Vol. 77) PRODUCT SAFETY CONCERNS IN NANOTECHNOLOGY Studies are inconclusive Research on possible effects on human health and the environment at its early stages; a lot of speculation, but no hard evidence Little is known about the risk associated with the life cycle of nanoproducts (manufacture, use, and disposal) Over 81,000 peer-reviewed journal articles on toxicology since 2000 - 0.6% talked about nanomaterials compared to 12% for polymers PRODUCT SAFETY CONCERNS IN NANOTECHNOLOGY Other concerns No current health and safety governance structure specifically for nanotechnology Rate of development far exceeding rate of knowledge acquisition on hazardous effects Disposal of nano-based products has already begun CURRENT GOVERNANCE INITIATIVES “Securing the Promise of Nanotechnology: Is U.S. Environmental Law Up to the Job” (Conference) May 25 – 26, 2005 Washington, DC Dialogue convened by Woodrow Wilson International Center for Scholars (WWICS) Project on Emerging Nanotechnologies and the Environmental Law Institute (ELI) Purpose was to examine how U.S. laws and regulations, and other means of governance, can address environmental, health, and safety (EHS) implications on nanotechnologies CURRENT GOVERNANCE INITIATIVES Conference Forty representatives from private companies, research institutions, law firms, and federal government agencies. Most frequently cited challenges: rapid rate of nanotechnology development, limited EHS-related data, lack of specific laws and regulations, and the influence of public perception Helped define framework for governance structure CURRENT GOVERNANCE INITIATIVES Conference Rate of development: Pressure for governance structure in a timely manner Workers and consumers already being exposed, and nanomaterials already being discharged into the environment As rate of production increases, need for EHS protection will increase CURRENT GOVERNANCE INITIATIVES Conference Limited data: The “science is way behind” – may not be available for 10 to 15 years; need for short term action Cost-efficient methods for monitoring and cleanup not readily available Little known about nanomaterials in the workplace Inadequacy of federal funding for EHS research CURRENT GOVERNANCE INITIATIVES Conference Lack of specific laws and regulations: Need to evaluate and adapt current laws and regulations; new legislation unlikely in near term Jurisdiction lies under a diverse spread of federal and state agencies (EPA, state departments of environment, CPSC, FDA, DOD, and others) Sound EHS data needed for new legislation CURRENT GOVERNANCE INITIATIVES Conference Possible uses of current regulatory authorities: Toxic Substances Control Act (TSCA) most apt vehicle, but not optimal; multi-statute approach may be most appropriate Clean Air Act Clean Water Act Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund Law) CURRENT GOVERNANCE INITIATIVES Conference Influence of public perception: Controversies can impede development and deployment of nanotechnologies Importance of communication of risk and safety information; lack of information could lead to misperceptions and unfound fears Readiness for “first public scare” CURRENT GOVERNANCE INITIATIVES Conference Short-Term Recommendations Restrict dispersive uses Assume toxicity until shown otherwise Prioritize substances of concern Treat wastes as hazardous materials Conduct health surveillance Train workers in personal protective equipment and hygiene Conduct exposure monitoring CURRENT GOVERNANCE INITIATIVES U.S. Government The National Nanotechnology Initiative (NNI) Started FY 2001 Consists of 24 federal agencies Nanoscale Science Engineering and Technology (NSET) Subcommittee appointed by the President Coordinates multi-agency efforts, provide funding for university laboratories, and support U.S. companies Supports responsible development of nanotechnology for protection of health and safety CURRENT GOVERNANCE INITIATIVES U.S. Government Environmental Protection Agency (EPA) Has taken leadership role in planning research directions for the environmental applications and implications of nanotechnology Twelve recently selected research projects focus on studying the possible harmful effects of manufactured nanomaterials, i.e., toxicity, fate, transport and transformation, and exposure and bioaccumulation CURRENT GOVERNANCE INITIATIVES U.S. Government Environmental Protection Agency (EPA) White Paper (February 2007) – what EPA should do about implications of nanotechnology CURRENT GOVERNANCE INITIATIVES U.S. Government National Science Foundation Solicitation for proposal (due March 17, 2008) to develop Center for the Environmental Implications of Nanotechnology (CEIN) - to conduct fundamental research and education on the implications of nanotechnology for the environment and living systems at all scales CURRENT GOVERNANCE INITIATIVES U.S. Government Food and Drug Administration (FDA) Nanotechnology Task Force Formed August 2006 Identifies and recommends ways to address any knowledge or policy gaps that exist so as to better enable the agency to evaluate possible adverse health effects from FDA-regulated products that use nanotechnology materials Task Force Report – July 25, 2007 CURRENT GOVERNANCE INITIATIVES U.S. Government National Institute for Occupational Safety and Health (NIOSH) Leading federal agency conducting research and providing guidance on the occupational safety and health implications and applications of nanotechnology “Approaches to Safe Nanotechnology” – October 2005 document describing what is currently known about toxicity and control, and request to occupational safety and health practitioners, researchers, product innovators and manufacturers, employers, workers, interest group members, and the general public to exchange information CURRENT GOVERNANCE INITIATIVES Private Sector Nanoparticle Benchmarking Occupational Health Safety and Environment Program – consortium of companies to address analytical needs to measure airborne concentrations and particle sizes, and to assess effectiveness of controls Design and development of portable workplace monitoring instrumentation; and Development and testing of protective clothing fabrics as a barrier to an aerosol of nanoparticles CURRENT GOVERNANCE INITIATIVES Non-profit Organizations Woodrow Wilson International Center for Scholars (WWICS) – Project on Emerging Nanotechnology – bring together leaders from industry, government, research, and other sectors to take a long-term view of what is known and unknown about potential health and environmental challenges posed by emerging nanotechnologies, and develop recommendations to manage them CURRENT GOVERNANCE INITIATIVES Non-profit Organizations Environmental Defense – work with government to develop nanotechnology responsibly – calls for increase in federal funding to research potential risks of nanomaterials CURRENT GOVERNANCE INITIATIVES Other Organizations Environmental Law Institute – Nanotechnology Initiative seeks to respond to the urgent need to develop an effective environmental, health, and safety governance structure for nanotechnologies CURRENT GOVERNANCE INITIATIVES International Standards ASTM International: Established Committee E56 in January 2005 to develop standards and guidelines for nanotechnology, which includes a subcommittee on Environmental & Occupational Health & Safety WK8985 – under development - New Standard Guide For Handling Unbound Engineered Nanoparticles in Occupational Settings CURRENT GOVERNANCE INITIATIVES International Standards International Organization for Standardization (ISO): Technical Committee TC 146 (Air Quality) developed ISO/TR 27628:2007 - contains guidelines on characterizing occupational nanoaerosol exposures CURRENT GOVERNANCE INITIATIVES National Standards American National Standards Institute (ANSI) – established Nanotechnology Standards Panel in August 2004 to develop and adopt voluntary standards in terminology, materials properties, and procedures for testing, measurement, and characterization CHALLENGES IN ADDRESSING PRODUCT SAFETY Pace of development – bringing health and safety knowledge up to speed with a rapidly developing technology Research funding – allocating the appropriate amount of resources to health and safety research Regulation – how to effectively regulate by balancing traditional regulation with promotion of good practices CHALLENGES IN ADDRESSING PRODUCT SAFETY Information dissemination – how and when to disseminate information to the public Public perception – maintaining legitimacy in light of the likelihood that mistakes will be made International framework – coordinating approaches with other nations, using such models as the United Nations Framework Convention on Climate Change Innovation – flexibility in performance standards so as to not hinder the development of the technology CHALLENGES IN ADDRESSING PRODUCT SAFETY Prioritization – assessment of products to establish degree of danger or hazard Data gathering – producing, screening, managing, and maintaining information on health and safety, and risk Standardization – establishment of safety standards to harmonize governance structures between companies, governments, and nations Liability – establishing a balance between a “preventative” and an “after-the-fact” liability system CHALLENGES IN ADDRESSING PRODUCT SAFETY Proprietary Information – balancing information dissemination with the need to protect private information Benefits vs. risk – balancing the benefits the technology provides with the potential health and safety risks EHS/Regulatory costs – understanding the financial impacts governance of health and safety will have Risk management – developing approaches to mitigating risk in light of limited EHS data CHALLENGES IN ADDRESSING PRODUCT SAFETY Timeliness – management of time in developing governance approaches, even in the event of a catastrophic EHS problem Stakeholder involvement – fostering involvement to understand stakeholder preconceptions and provide information that could address related concerns SUMMARY Nanotechnology is a rapidly developing technology with beneficial applications across several industries Potential for adverse health and environmental effects Studies are inconclusive; governance structure lacking Currently several governance initiatives by government, private, and international sectors; regulation forthcoming Scientific, regulatory, and financial challenges ahead WEBSITE REFERENCES http://www2.eli.org/research/nanotech.htm http://www.technologyreview.com http://es.epa.gov/ncer/nano/index.html http://www.fda.gov/nanotechnology http://www.cdc.gov/niosh/topics/nanotech/default.html http://www.nano.gov http://nano.foe.org.au/node/78 http://www.wilsoncenter.org/nano http://ethics.iit.edu/codes/engineer.html http://en.wikipedia.org/wiki/Engineering_ethics http://www.nsf.gov http://www.ceg.org/industryreports/Nanotechnology%20executive%20s ummary.pdf http://www.nsti.org/NanoInvestor2006/slides/TYadav.pdf