Environment and Sustainability
RSS Feed Email Print
Share
View divider Overview divider Attorneys divider Matters divider a-sustainableblog.gif divider PDF Version
Practice Areas
Environment and Sustainability
Environmental PermittingEnvironmental LitigationEnvironmental Regulatory/ComplianceToxic TortEnvironmental EnforcementEnvironmental Due DiligenceEuropean Union LawEnvironmental LegislationClean Air Act Defense and NSR Permits
Resource Center
Government/International Agencies Advocacy Groups/Private Organizations Media/Journals/other blogs
Topics
Administrative Procedure Act   ash   BFPP   biocidal   carbon dioxide   CASRN   CCS   CERCLA   chemical   Clean Air Act   Clean Water Act   climate change   coal   CSAPR   EGU   EIA   energy efficiency   environmental cleanup   EPA   European Union   FERC   FIFRA   fracking   FWS   GHG   green building   greenhouse gas   HAPs   hydraulic fracturing   LEED   MATS   minerals   NAAQS   nanomaterials   nanoscale materials   nanotechnology   natural gas   NOAA   oil and gas   ozone   pesticide   power plants   programmatic permit   regulatory review   renewable energy   risk assessment   SEC   Spill Act   transboundary shipments   TSCA   vapor intrusion   waste   waste treatment   water contamination   water policy   wind energy  
Other Winston & Strawn Blogs
Advertising, Marketing & Privacy Law News Energy Industry Watch Executive Compensation Blog Maritime FedWatch Privacy Law Corner
WINSTON AND THE LEGAL ENVIRONMENT

Welcome to Winston & Strawn's Winston and the Legal Environment, a blog dedicated to providing insights and discussion on current trends affecting the environment industry, drawing on the depth of our attorneys' knowledge base.

To ensure that this blog becomes your primary resource for environmental and sustainability legal and policy news, it is our commitment to our readers to share regular and timely updates on the issues that matter the most.

To subscribe to these updates, please see the RSS icon at the top right of the page or contact one of the bloggers to be added to our blog mailing list.
About the Bloggers
Eleni Kouimelis
Partner
Chair, Environmental Law Practice
Chicago Office
Blog Tools Recent Postings | All Postings | Power Search | Attorney Login
June 21, 2011
USEPA Propose Policy Under FIFRA Relating to Nanoscale Materials in Pesticides

On June 17, 2011, USEPA published in the Federal Register a proposed policy for obtaining information on nanoscale materials present in pesticides. The policy defines a nanoscale material as an active or inert ingredient and any component parts thereof in a pesticide that is intentionally produced to have at least one dimension measuring between approximately 1 and 100 nanometers. USEPA's June 17 policy ultimately proposes a case-by-case approach for determining whether an active or inert nanoscale ingredient present in a pesticide is a "new" ingredient, thus requiring that the ingredient be registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). An active or inert nanoscale ingredient may be considered "new" even if an identical non-nanoscale form of that ingredient is already registered.

USEPA's policy also proposes two approaches under FIFRA for obtaining information on nanoscale materials present in pesticides. These approaches include obtaining information under either: (1) Section 6(a)(2) of FIFRA, which would require that applicants or registrants report information regarding any nanoscale materials present in a pesticide product and on any potential adverse effects that such nanoscale material may have on the environment; or (2) Section 3(c)(2)(B) of FIFRA, which provides for Call-In data notices. USEPA states that it favors FIFRA section 6(a)(2) as the most efficient and expedient administrative approach to obtaining information about nanoscale materials in pesticides. 

USEPA is accepting comments on this proposed policy until July 18, 2011.



Sarah Anne Jehl ; Eleni Kouimelis