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  • Laying down the law on nanotechnology

    Laying down the law on nanotechnology

    Regulating nanotechnology is fraught with difficulties. Current environmental law simply doesn’t apply on the nano-scale

    Scientist at work in a nanotechnology laboratory

    A huge number of labs are now working with the nanotechnology ‘toolbox’ to develop new products and applications. Photograph: Science photo library

    The first asbestos mine opened in Quebec in 1874. By the 1950s, asbestos was being widely used as an insulator, a flame retardant and as ‘flocking’ (fake snow). Today, we know that asbestos fibres can burrow into the lungs and cause asbestosis, lung cancer and mesothelioma.

    While concerns about the safety of asbestos were raised as early as 1900, it was not until 1999 that the use of asbestos was fully banned in the UK. Every year, 4,000 people die in the UK from asbestos related diseases. This trend is likely to continue till at least the 2050s. As a society, we have learned a late lesson in the control of asbestos, despite early warnings as to possible side effects.

    New and emerging technologies (GM, synthetic biology and nanotechnology, for instance) offer the potential for a cleaner, healthier and better future. However, the risks from these technologies are not fully known. Will a future generation look back on our current wave of scientific innovation much as we regard the introduction of asbestos to the market?

    One nanometre is one billionth of a metre. To put this into perspective, a single strand of human hair is around 80,000 nanometres in width. In the time it takes you to say the word ‘nanotechnology’, your hair will have grown by 10 nanometres. That mankind can engineer and create on this scale seems somewhat unbelievable, but the promises of nanotechnology are legion. In the medical arena, nano-robots could be programmed to repair damaged cells and mimic our own natural healing processes (just like ‘Innerspace’, only minus Meg Ryan). In the context of climate change, the effects of man on the environment could be halted and reversed through nano filters designed to remove carbon dioxide from the atmosphere. It is estimated that there are over 1,000 nanotechnology enhanced products already on the market: everything from tennis balls to sunscreen and odour-free socks.

    As chemical substances get smaller, their behaviours and characteristics may change, with certain nanomaterials possessing properties not found in their bulk counterparts. The nano form of gold may be red or blue in colour; platinum is inert in its bulk form, but a catalyst at the nano-scale. While nanotechnology may hold the key to a cleaner, healthier, odour-free future, the novel properties that nanomaterials can possess give rise to new forms of risk. Potential risks from nano are both unknown and unknowable. Unknown because little risk assessment has take place to date (less than 2% of the money being poured into nano research is devoted to risk analysis) and unknowable because scientific expertise in chemical assessment has not kept pace with scientific expertise in nanotechnology. Put simply, we are not currently capable of testing all of the inherent properties of all nanomaterials.

    Regulatory efforts to control the use of nanotechnology at UK and EU levels have been limited. The previous government had a UK Nanotechnologies Strategy which prioritised the commercial development and application of nanotechnology. In the context of risk and regulation, their view was that existing laws would be sufficient. However, as demonstrated by the Cardiff-based BRASS Centre in great detail in 2008, while existing laws can and do regulate nanotechnology, they do so imperfectly. Put simply, there are gaps in existing regulatory frameworks which mean that nanotechnology is not wholly covered.

    Some of these gaps exist because of a misplaced notion that nanomaterials are equivalent to their bulk counterparts. For example, the Environmental Permitting Regulations (England and Wales) 2010 make it an offence to release hazardous chemicals into groundwater without a permit. Hazardous substances are those which are toxic, persistent and liable to bio-accumulate, and other substances which give rise to an equivalent level of concern. This leaves us in a chicken and egg situation. For a substance to be characterised as hazardous, there must be evidence that that substance poses unacceptable risks. However, we still await testing methodologies sufficient to adequately evaluate the potential risks of nanosubstances (as well as internationally accepted standards by which testing may occur). On a practical level, this likely means that most nanosubstances will not be classified as hazardous and so can be discharged into groundwater or disposed of as non-hazardous waste.

    Other gaps in existing regulatory regimes in the UK exist because legislation is based on thresholds or concentrations. Health and safety regulation is partly premised on occupational exposure levels; environmental permits are granted on the basis of emission levels; chemicals fall within or without rigorous testing requirements based on tonnage production thresholds. Given that nanotechnology is the technology of the very, very tiny, using thresholds in regulation means that much nanotechnology will fall below the relevant tonnage or concentration criteria and so fail to be fully regulated.

    The approach of the EU has been little better. The 2008 EU Regulation on Food Additives contains the first targeted legislative provision on nanomaterials. The effect of this provision is that food additives which are produced using “nanotechnology” or which have undergone a “change in particle size” need to undergo a safety evaluation. As a regulatory technique, there is nothing novel about pre-market approvals. However, there is no definition of “nanotechnology” in this Regulation and no guidance on what a “change in particle size” might mean — is this only a change to a particle size under 100nm, or something else entirely?

    We also come back (once again) to our scientific inability to assess the full suite of inherent nanochemical properties. Given these issues, it questionable whether this provision will have any practical impact whatsoever.

    As from 2013, the EU Cosmetics Regulation requires that any cosmetic which contains nanomaterials (and here there is a definition) must be labelled. This obligation is limited: a requirement to put “(nano)” next to the relevant ingredient on the ingredients list. There is no need to label the product with “contains nano” or any requirement to put a notice on the relevant packaging. Regulatory theory says that labels allow consumers free choice to choose between alternate products on the market. But, as my colleague Elen Stokes has observed, nano labels have been rejected in other jurisdictions (including the US) for being ineffective.

    Simply ask yourself this question: when was the last time you ever picked up your body wash in the shower and scrutinised the ingredients list? And, even if you did notice “(nano)” next to an ingredient, what would that mean to you: a warning as to possible side effects? A selling point as to unique properties? Something else?

    Regulating nanotechnology is difficult because of the myriad ways in which nanomaterials can be used and due to their global impact – the fact that product X made in the US can travel via Europe and be sold in China. There is also a real issue in knowing when and how to regulate: with hindsight it may be too little, too late or too much, too soon. A balance needs to be struck between the benefits from nano (societal, environmental and economic) and the potential risks. How we as a society deal with uncertainty, how we respond to scientific innovation and how we frame the debate on risk and regulation – these are all so very important. As we saw with asbestos, it may be the difference between life and death. Sometimes, size really does matter.

    A fuller version of this paper was given at the Hay Festival on June 3 2012

  • El Nino tipped to form in spring

    El Nino tipped to form in spring

    By Will Ockenden, ABCJune 12, 2012, 5:41 pm

    Australia looks set to experience the same weather conditions this year that were responsible for the nation’s last devastating drought in the summer of 2009.

    The weather bureau say all of its models are pointing to an El Nino weather system forming in October.

    Typically, El Nino weather events mean drier conditions across Australia, and despite the plentiful rain along the east coast over the past week, there are still large areas of the country that still have below-average rainfall.

    Earlier this year, leading to wetter weather.

    El Nino occurs when the central and eastern Pacific warms up, causing major shifts in weather patterns.

    Karl Braganza, the manager of climate modelling at the Bureau of Meteorology, says it is too early to tell how severely the nation will be affected.

    He also says it would be difficult to predict whether El Nino will bring upon a drought.

    “That would be very difficult to say. Certainly if the El Nino gets locked in, you’d expect drier conditions over Australia this coming summer,” he said.

    “Most of those models are saying probably neutral to El Nino conditions over the next few months but then out into spring a lot of the models are going for an El Nino event.

    “The drying over the south-west and the south-east has been occurring for a lot longer and it’s not necessarily related to El Nino events.”

    Victoria Department of Primary Industries climate specialist Graeme Anderson says it is too early to predict what the effects will be for farmers.

    “It is a bit like footy tipping and at the moment I think if most of the models are tending towards an El Nino then that’s just like with a footy tipping side,” he said.

    “If most are barracking or tipping one particular side it’s going to win. But as we know, it doesn’t always guarantee that result. And certainly what we’ve seen with farmers when we deal within certain Victorian districts that El Nino can mean, historically has meant drier springs.

    “But there’s also been the seasons where, while we’ve had an El Nino, a couple of good individual rain bearing systems have come in and delivered a good spring.

    “So it doesn’t guarantee a dry spring but it does set up the odds for drier than average conditions.”

  • Humans are primary cause of global ocean warming over past 50 years

    ScienceDaily: Oceanography News


    Humans are primary cause of global ocean warming over past 50 years

    Posted: 11 Jun 2012 12:32 PM PDT

    Scientists have shown that the observed ocean warming over the last 50 years is consistent with climate models only if the models include the impacts of observed increases in greenhouse gas during the 20th century.
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  • Global warming threat seen in fertile soil of northeastern U.S. forests

    ScienceDaily: Earth Science News


    Global warming threat seen in fertile soil of northeastern U.S. forests

    Posted: 11 Jun 2012 04:37 PM PDT

    Vast stores of carbon in U.S. forest soils could be released by rising global temperatures, according to a new study. Scientists found that heating soil in Wisconsin and North Carolina woodlands by 10 and 20 degrees increased the release of carbon dioxide by up to eight times. They showed for the first time that most carbon in topsoil is vulnerable to this warming effect.

    New evidence supports theory of extraterrestrial impact

    Posted: 11 Jun 2012 04:36 PM PDT

    Scientists have discovered melt-glass material in a thin layer of sedimentary rock in Pennsylvania, South Carolina, and Syria. According to the researchers, the material — which dates back nearly 13,000 years — was formed at temperatures of 1,700 to 2,200 degrees Celsius (3,100 to 3,600 degrees Fahrenheit), and is the result of a cosmic body impacting Earth.

    Humans are primary cause of global ocean warming over past 50 years

    Posted: 11 Jun 2012 12:32 PM PDT

    Scientists have shown that the observed ocean warming over the last 50 years is consistent with climate models only if the models include the impacts of observed increases in greenhouse gas during the 20th century.

    More people, more environmental stress

    Posted: 11 Jun 2012 09:25 AM PDT

    Scientists have taken a critical look at the various factors that have long been prime climate-change suspects. One in particular: the role of population growth.
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  • Canberra Airport and VFT to Sydney

    Dont hold your breath with this one. O’Farrell’s glasses are faulty.

    Canberra Airport and VFT to Sydney

    Canberra airport pledges high-speed rail plan if the federal and NSW governments go ahead with the project

    1
    CANBERRA Airport has pledged to build a $140 million high speed rail facility adjacent to the new airport terminal if the federal and NSW governments go ahead with the multi-billion dollar project.

    The airport, which has long been an advocate of a high speed rail link between Sydney and Canberra, will today unveil plans for the facility amid the ongoing stalemate over where to build Sydney’s second airport.

    Canberra Airport Managing Director Stephen Byron said previous reports had shown that with high speed rail passengers could travel from Canberra to Sydney in 57 minutes.

    “Passengers will be able to transfer from arriving aircraft to their train in under five minutes without baggage and be in Sydney in less than an hour,” Mr Byron said.

    He said Canberra Airport was today presenting plans for “a superb, multi-modal, transport facility to underline the high speed rail’s integration into Canberra Airport, in accordance with (NSW) Premier O’Farrell’s vision”.

  • ‘The problem for coal right now is entirely economic’ – EPA’s Lisa Jackson

    ‘The problem for coal right now is entirely economic’ – EPA’s Lisa Jackson

    Lisa Jackson, administrator for the US Environmental Protection Agency, on energy, climate change and ‘screaming’ headlines

    Lisa Jackson announcing the new US government position on greenhouse gases

    Lisa Jackson announcing the new US government position that greenhouse gases are a threat to public health. Photograph: Jonathan Ernst/Reuters

    It’s been a bumpy road for Lisa Jackson through three and a half years as chief administrator of the Environmental Protection Agency. But the 50-year-old chemical engineer doesn’t look fazed or fed up. A scientist-turned-insider who has learned that the levers of power don’t always budge without a fight, she shows a little steel in her eyes as she ticks off achievements and notes setbacks. But she also lets mischief color her laugh as she acknowledges what she calls the “toxic attitude of absolute certainty” that paralyzes progress on climate and other issues.

    In 2009 President Obama appointed Jackson to lead the EPA, the agency she’d worked at for 16 years before serving in New Jersey’s environmental agency, where she became commissioner in 2006. Jackson took the EPA helm at a moment of high hopes for green advocates in the U.S. They’d spent eight years in George Bush’s wilderness; now they felt they were on the verge of passing climate legislation at home and a global carbon accord at the Copenhagen talks.

    What could go wrong? Only everything.

    Today progress on climate at the federal level seems less likely than ever. Certainly, Jackson can point to a passel of signal achievements: she has reinvigorated the agency, presided over a plan to double automobile fuel-efficiency standards over the next decade, established EPA’s right to regulate greenhouse gases like carbon dioxide as pollutants, and placed new controls on mercury and other toxic power-plant emissions.

    But Jackson has also watched as the faltering economy and a partisan civil war in Congress have placed environmental issues on a low-simmering back burner — and placed EPA itself in the crosshairs of an increasingly radical conservative movement that aims to defang, defund, and ultimately destroy it. Even if it dodges that bullet, her EPA must use the narrow statutory authority of a handful of increasingly outdated laws to tackle an endlessly multiplying set of problems. Meanwhile, new laws are out of reach, and old-fashioned regulations get held hostage to competing agendas: Her agency’s proposal to tighten ozone standards met sudden death at the hands of the White House that had appointed her.

    Jackson has stuck to her post, despite rumors that she might resign in the wake of that ozone reversal. At the end of last week, she visited Seattle to drop in on Boeing, speak at the annual Climate Solutions breakfast, and deliver a commencement address at the University of Washington. She also took time to talk informally at an event with Grist supporters, and sat down with us for an interview.

    We knew there was little chance that Jackson would go off message or make unscripted news, and we weren’t going to play gotcha with her. But we did get some intriguing glimpses of the mind of the woman who’s still trying to push the Obama Administration’s hope wagon over all those bumps.

    Q. Right now U.S. fossil fuel production is ramping up, and a lot of people are enthusiastic about energy independence and jobs in that industry. So national security and employment are set up to be at odds with the environment. Can we get beyond that?

    A. First of all there’s two sides of the energy discussion: there’s production, and there’s also use. America as a consumer-oriented country is seeing real choices for the first time in using less energy. That’s very good for the American pocketbook. There’s simply no reason why American cars can’t be efficient and still be cool and be a part of what drives our economy. And if you want proof of that, look at what’s happening right now in Detroit. I have conversations all the time with young people, and they’re not feeling like they’re losing anything by the fact that they’ll be able to have choices and much more fuel-efficient cars should they choose to buy them.

    The president talks about “all of the above” energy, and I think we don’t realize enough how important that is. There are those who would like us to drop everything and say, time for another, a second fossil fuel boom, and the president is saying, but the future for our country is around clean energy, renewables, and getting that technology perfected and ready at a commercial scale here so we can sell it abroad. That will make our country stronger and create jobs as well. We should not put all our eggs in any one basket. And we should not, just because we have it, assume that means we should use fuels as though we have it — because energy independence requires a certain reduced demand. We saw reduction in demand for gasoline, refined oil, this year, and part of the reason is that Americans have a choice to buy cars and trucks that use less of it. And that’s good for our economy. So the money can go somewhere else.

    Q. So when people who are passionate about the environment hear “all of the above,” they’ll think of the list of things in “all of the above,” and one of them’s going to be coal. Is that part of the definition of “all of the above?”

    A. What we’ve done at EPA, because we’ve had to from court order, and it’s long overdue in my opinion, is deal with pollution from coal-fired power plants. Pollution from coal-fired power plants comes from the extraction of the coal in some cases, the burning of the coal, which gives soot and smog-forming pollution, and mercury and lead and arsenic and cadmium and acid gases and then you’ve got to get rid of the ash! …One form of energy has to at least be subject to the same laws as the other forms are. That’s what we’ve been working on as far as coal. I always tell people, it’s not about coal, it’s about the pollution that for too long has been associated with coal.

    And then coal has another pollution problem, and that’s carbon pollution: it’s the most carbon-intense fossil fuel. And the president invested in carbon capture and sequestration technology as part of the Recovery Act. He said all along, I’m from a coal state, so I believe that if there’s going to be a future for coal it has to be one that deals with carbon pollution, with climate change. So in my opinion the problem for coal right now is entirely economic. The natural gas that this country has and is continuing to develop is cheaper right now on average. And so people who are making investment decisions are not unmindful of that — how could you expect them to be? It just happens that at the same time, these rules are coming in place that make it clear that you cannot continue to operate a 30-, 40-, or 50-year old plant and not control the pollution that comes with it.

    Q. You’re a career scientist, and public dialogue in this debate today sometimes seems to have moved completely away from science and facts. People are talking about how we live in a post-fact society. What can we do about that? Do you think that’s accurate? What do we do about it, and what can scientists do to speak more effectively and get facts back into the mix?

    A. All scientists should in my opinion take heed of the importance of the peer review process. Inside the Washington Beltway is very different than outside. Inside the Washington Beltway I’m not sure whether facts always matter, and that’s a sad thing for our country. But oftentimes EPA’s work is peer-reviewed and then peer-reviewed again — and yet it will be challenged by some report that hasn’t been peer-reviewed at all. There needs to be equivalence there — inside, for policy-makers. That would be one thing I’d ask. More and more when people pull up some, um, interesting report, my first question is, who reviewed it? Where is the peer review? Because you would never allow me to submit something that wasn’t peer-reviewed. And I think that’s fair, and I think on both sides it should be that way — on the EPA side, or the government side, the public sector side, and on those who might challenge it.

    The second thing I’d say is that the American people, when given an opportunity to sit down and understand what’s going on, are very, very reasonable. The battle today is about who can get the screaming headline out first. Because, unfortunately, the way the media works, the screaming headline lives forever, and then you spend forever trying to get a headline even half as big that says oh, that wasn’t true. So whether it’s climate change and the myriad reports about that, whether it’s people in rural America who’ve been told all manner of untruths about the work we’re doing — whether it’s that we’re going to regulate farm dust further, or that we’re going to regulate spilled milk, no matter how many times we say it, because their main sources of information are not really being truthful in how they’re giving them information, we spend an awful lot of time trying to explain to people what we’re really doing. And it’s not just on the environmental front, but that’s emblematic of how folks have learned to use this new media world.

    Q. This [at the Climate Solutions Breakfast] was a primarily white audience. You’ve brought a more inclusive air to the EPA. How do we get these issues out there so that all of America is on board and acting, and environmentalism is not just a province of the privileged?

    A. It’s a very good point. We cannot have clean energy or health issues be the province of the privileged, right? because what happens is that those who are lower on the economic rungs feel as though this is something else that is being done to them. Everywhere I go we try to meet with communities of color, we meet with young advocates, and they totally believe that this is an important moment for their health, and for the future of our planet, when it comes to climate change. We need more partnerships that bridge that gap. There are wonderful groups at the community grassroots level; we don’t need to invent any more. We need to find them and link them up with partnerships.

    I heard a wonderful story, it’s told by a guy from the Turkey Creek Watershed group in Mississippi. They are a small African American/Native American group of residents who live in this community, and they were concerned about a new highway that was going to come through yet again — wasn’t the first one — to another part of their community. And they have been dealing with the state of Mississippi on it. And he tells a funny story about how here they are working, and working, and trying to get traction about the injustice of them having to have all of this runoff. Basically, they love to fish, it’s a watershed where they do a lot of fishing. And they really didn’t start to get traction until they worked with one of the traditional groups who helped them see that not only is this a watershed, but it’s a really important flyway for migratory birds. It brought a lens to their issues at the national level, but it also brought national issues to them. It was a two-way street. So those partnerships are really important. We shouldn’t be afraid of them. We should be finding them….

    There are groups out there who care. They may speak literally a different language, or they may see their issues in a different way. But there’s a willingness to sit down at the table and say, okay, how can we make this all work? And it’s happening in communities out here, around the country. California’s doing it; New York; Chicago. We’re finding ways.

    In Chicago, here’s Mayor Emanuel saying, how about we put some boathouses on the Chicago River? And all of a sudden communities that have lived on that river their whole life and turned their back to it, go, wait a second, we can have the kind of amenity that people on the Magnificent Mile have downtown. It changes the conversation. It’s all about finding a way to combine the issues. Nothing wrong with that. You’re not cheating if the issues, just like climate, happen to have many problems with one really cool solution.

    Q. If you were writing a headline for your work on the climate issue at EPA, up to now, or for whenever your work is done at EPA, what would you want it to be?

    A. “In accordance with the law, we moved forward with sensible, cost effective steps at the federal level on climate, using the Clean Air Act.” And I would have a second sentence — see, I can’t write headlines! But it would be something like, “The progress at state and local levels, combined with the federal level, does not obviate the need” — you can’t use obviate, it’s above fifth-grade level! — “does not obviate the need for federal legislation to address this incredibly important challenge for this and future generations.”