The Responsible Development of Nanotechnology: Striking the Balance Between

Risks and Benefits

Lori Sheremeta, LL.M.

2009 International Conference on Nanotechnology for the Forest Products IndustryJune 23-26, 2009, Edmonton, AB, CANADA

Overview

To consider potential opportunities and risks that nanomaterials pose to the forest products industry.

To consider the approach that public action groups are taking towards nanotechnology.

To consider implications of these developments to regulators in Canada and abroad.

Definition: Nanomaterial

» Materials that have one or more physical dimension in the nanoscale (1-100 nm).

» Or, larger materials that have structures embedded on their surface that have nanoscalefeatures (e.g. thin films)

Council of Canadian Academies, 2008

The Challenge of NanomaterialCharacterization

» Size» Surface properties» Shape» Dynamic changes (agglomeration,

disassociation)

Nanotechnology Product Inventory

http://www.nanotechproject.org/inventories/consumer/browse/

In the context of the forest industry, what, exactly, are we talking about?

• Areas of Special Interest• Advanced composite materials (e.g. NCC, air,

space and automotive industries)

• Biocompatible matrices/scaffolds

• Improved paper and packaging materials

• High strength fibres/textiles

• Separation technologies

• Sensing technologies

• (nanomaterial pollutants)

Canadian Patent Database

Search: nano* <and> (forest* <or> wood <or> agriculture) in claims

Result: 134 patent applications/patents

Major areas of focus appear to be:

»Composite materials with enhanced functionality

»Coatings for wood coating/preservation

»Functional membranes/separation technologies

»http://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/introduction.html

Nanocrystalline Cellulose

» Building block of wood cellulose

» Obtained from crystalline regions in cellulosefibres

» Needle-shaped (10 x 200 nm)

» Uniform, redispersible np with large surface area

» High tensile strength (as strong as steel)

» Can self-assemble in solution; once dry can form translucent and iridescent films

» Large scale quantities are easily produced from chemical pulp

» Facilities producing ≥ 1 ton/day are being conceived in Canada

Nanocrystalline Cellulose: the merits

» “Nanocrystalline cellulose will be a cost-effective nanoparticleavailable from an abundant renewable resource – Canadian forests.” FPInnovations

» NCC embodies the idea of “green nanotechnology”

» Sustainable

» Biodegradable

» Non-toxic

» Recyclable

» Are we sure that it safe?

» Preliminary data suggests it is.

October 16, 2007 10

»The Toxic Substances Control Act is is deficient and needs amending.

»Nanotechnology can be a catalyst for revitalization of the Environmental Protection Agency; an opportunity to bring it into the 21st Century.

»$$$$ is required to do it.

»Issues that must be addressed include:

»Science

»Program integration

»HQP

»International Activities

»Program Evaluation

ETC Group, Canada

» Corporate enthusiasm for “biological engineering revolution.”

» Greener, cleaner post-petroleum future?

» “Sugar Economy” will be catalyst for corporate grab on all plant matter.

» http://www.etcgroup.org

www.soilassociation.org

» Nanotechnology can have a major impact on the most important problems facing the US (world).

» It is a prototype of the technological opportunities and challenges that will characterize the 21st Century.

» Need to learn how to deal with potential adverse consequences and make sure the technologies best serve society’s needs.

» Regulatory agencies are underfunded. Laws have huge gaps and fail to protect the public.

» Need: risk research, statutory and regulatory amendments, and an ability to better forecast technological developments.

[N]anomaterials are now reportedly used in over 600 products yet there is little or no knowledge of their life cycles or fate in the environment. (p 32)

We do need to address the question: “Would we know if nanomaterialswere causing damage?” in a wider context. (p 34)

With our extremely limited understanding regarding exposure levels and patterns, as well as our ignorance of the toxicology of nanomaterials, we cannot be confident of knowing whether effects are occurring or will in future occur in the wider environment. (p 34)

What is the state of knowledge with respect to existing nanomaterialproperties an their health and environmental risks which could underpin regulatory perspectives on needs for research, risk assessment and surveillance?

Sponsors: Industry Canada, Environment Canada and Health Canada.

Council of Canadian Academies,July 2008

Materials of Industrial (and Regulatory) Interest

Fullerenes (C60) Aluminum OxideSingle Walled Carbon Nanotubes Cerium OxideMulti Walled Carbon Nanotubes Zinc OxideSilver Nanoparticles Silicon DioxideIron Nanoparticles PolystyreneCarbon black DendrimersTitanium Dioxide Nanoclays

OECD Working Party on Manufactured NanomaterialsPriority Testing List

Environment Canada

Canadian Environmental Protection Act•New Substances Notification Regs•Persistence and Bioaccumulation Regs

Canadian Environmental Assessment Act

Fisheries Act, Oceans Act

Agricultural Products, Pest Control and Fertilizers Acts

Health Canada

Food & Drugs Act•Food & Drugs Regs•Medical Devices Regs•Cosmetics Regs•Natural Health Products Regulations

Hazardous Products Act•Controlled Products Regulations•Work Hazardous Materials Information System

Regulatory ComplexityRegulatory Complexity

Legal & Regulatory ChallengesLegal & Regulatory Challenges

» Insufficient data about effects of nanomaterials on human health and the environment

» There is evidence that at least some nanoscale materials behave differently in biological systems (plant and animal) thando their macroscale counterparts.

» Lack of clarity about the applicability of existing laws and regulations to engineered nanomaterials (what must be reported?)

» What is the appropriate role of states/provinces and municipalities in regulating nanotechnology? [Berekely, Cambridge]

» How precautionary should we be?

But there are ways to get the information we need …

» CEPA, 1999, Section 71

» Government can require anyone to notify it about manufacturing and use of any substance

» The government can demand that tests (toxicological and other) be done and the results reported.

» Provinces can take steps to regulate within their domain.

Main Policy ChallengeMain Policy Challenge

» Maintaining public trust

» Opposition to NT is mounting (?)

» Expect that something will go wrong

» Public trust is not unconditional

» Education, engagement and communication strategies around nanotechnology are needed

Acknowledgements

• National Institute for Nanotechnology• University of Alberta• Alberta Ingenuity Fund• Environment Canada• Health Canada• Advanced Food and Materials Network