Reading the Small Print STORIES Industrial Pollution Was Easy to See, and So Were Its Effects

COVER Reading The Small Print STORIES Industrial pollution was easy to see, and so were its effects. But what happens when the machines are microscopic, the products are smaller, and the emissions are smaller still? This is not science fiction. Nanotechnology products are already in use in cosmetics, materials, and electronic devices. Nanotech manufacturing is on the near horizon. Are our environmental laws up to the task?

LYNN L. BERGESON and BETHAMI AUERBACH

ric Drexler stated it well almost why — once environmental regulation be- two decades ago in his ground- came an accepted feature of the industrial breaking book Engines of Creation: landscape — traditional heavy manufactur- The Coming Era of Nanotechnology: ing demanded controls and cleanup mea- “Arranged one way, atoms make sures. It could be seen in the sooty skies and Eup soil, air, and water; arranged another, they dead rivers. By contrast, chronic, long-term make up ripe strawberries. Arranged one health effects and environmental contamina- way, they make up homes and fresh air; ar- tion from manufacturing activities some- ranged another, they make up ash and times were not so readily discernible, at least smoke. Our ability to arrange atoms lies at in their earlier stages, and this tended to the foundation of technology. . . . For all our make them more worrisome. This was true advances in arranging atoms, we still use even when the actual components of a manu- primitive methods. With our present technol- facturing process — the various chemical ogy, we are still forced to handle atoms in substances and production processes them- unruly herds.” Drexler believes, as do many selves — were known and tangible things. others, that we stand at the cusp of truly re- The increasing commercialization of markable advances in our ability to operate nanotechnology raises similar concerns, at a at the molecular level and herd those “un- level where tangibility drops off. Minuscule ruly” atoms with incredible precision. in scale — which, viscerally, might make it Control over matter manipulation has tri- seem tamer — its very minuteness renders umphed in certain commercial markets, as ap- the technology invisible to the naked eye and plications of nanotechnology are already in unknowable to most of us, so that it can seem commerce. Nanoscale zinc oxides are used sinister in its diminutive size and in its fu- now in sunscreen lotions and scratch-resistant turism. The environmental and resource im- glass. Nanoscale fibers are used in stain-re- plications of nanotechnology, whether and sistant fabrics. Digital camera displays, high how its impacts should be regulated, and by resolution printer inks, and high-capacity what authorities are issues that are beginning computer hard drives are among the commer- to garner serious attention. This article con- cially available products of nanoscience and siders some of those issues. nanoengineering. This is plainly just the be- The drive to manufacture at smaller and ginning. Demand for domestic nanomaterials smaller levels is by no means new. Miniatur- in 2002 was estimated at $200 million and is ization is as much a logical extension of an- projected to grow an astonishing 33 percent a cient skills as it is a product of modern tech- year. The National Science Foundation has es- nology. Bulk technology, the term Drexler uses timated that nanotechnology applications to refer to modern manufacturing, is big, cum- may be valued at more than $1 trillion in the bersome, and dirty, and manipulates matter global economy by 2015. containing trillions of atoms and molecules. With such spectacular growth expected, Engineering achievements perfected over the federal government is mindful of the time allow the manipulation of matter to oc- regulatory implications that this “next big cur at smaller and smaller levels. Molecular thing” invites, particularly in that this “big technology, or nanotechnology, is the inevi- thing” is so tiny. It was easy to understand table result of the relentless quest to control

matter at its most fundamental, molecular nanomachines designed to take apart objects level. at the atomic level; and replicators, entities that This is the world of the truly small. To help can make copies of themselves. These more visualize, consider that an atom is 1/10,000 futuristic terms, which have inspired some of the size of a bacterium, and a bacterium is 1/ the less flattering and scarier images conjured 10,000 the size of a mosquito. The science and up by the thought of nanotechnology gone technology of controlling matter at the awry, continue to fuel the nightmare-scenario nanoscale is captured under the umbrella term that destructive nanoids could self replicate nanotechnology, and involves controlling the and turn everything into a gray goo — a spec- structure and properties of materials and sys- ter that threatens the viability of tems at the scale of a billionth of a meter — 1/ nanotechnology in much the same way the 100,000 the width of a human hair, or 10 times Franken-food hysteria has compromised bio- the diameter of a hydrogen atom. A billionth technology. of a meter is called a nanometer, which is the root of the neologism. Nanotechnology has spawned its own lexi- indful of nanotechnology’s Lynn L. Bergeson is a con. We are all familiar with a nanosecond, tremendous commercial founding shareholder of the speed within which we dream of accom- potential and desirous of and Bethami Auerbach is plishing many acts in our daily lives. Other being a leader in the race to Of Counsel to Bergeson & terms are less familiar. Top-down and bottom- distinguish the United Campbell, P.C., a up refer to two fundamentally different ap- States in the global nanotechnology arena, M Washington, D.C. law firm proaches to nanotechnology. Top-down is the federal government is and has been sup- making nanoscale structures by machining portive. To coordinate the not insignificant concentrating on techniques. Bottom-up is building organic and federal research and development programs industrial, agricultural, inorganic structures atom by atom, or mol- in the field, a federal interagency workgroup and specialty chemical ecule by molecule. As ap- was formed in 1996 to con- and medical device plied today, nanotechno- sider the creation of a Na- product approval and logy still is considered to be A review of tional Nanotechnology regulation, product at the more nascent (and Initiative, which was offi- defense and litigation, primitive) top-down stage existing statutes cially established in 2001. and associated business of development. But the shows an array of NNI goals are to conduct issues. The views ability to wield a tiny tool R&D to realize the full po- expressed herein are arm and, with the aid of a tential of nanotechnology, authorities that those solely of the highly powerful micro- to develop the workforce scope, engineer in such de- need to be wielded necessary to advance authors. sired qualities as strength these R&D efforts, to un- and conductivity at the in a coordinated derstand better the associ- most basic level is already fashion by ated societal, health, envi- enhancing everyday prod- ronmental, and ethical ucts while providing a overlapping considerations, and to fa- glimpse at new frontiers for cilitate the transfer of the future. Today we have agencies nanotechnologies into tennis rackets, strong but commercial applications. light, that incorporate car- Sixteen federal agencies, bon nanotubes, and we have slacks treated including EPA, participate in the Initiative, with a nanoengineered chemical formula so 10 of which have an R&D budget dedicated that coffee spills and red wine stains can be to nanotechnology. Other federal organiza- things of the past. Tomorrow, nano-engi- tions contribute to the Initiative through neered “smart dust” — tiny silicon particles studies and other forms of collaboration. The — may have the ability to move through an Nanoscale Science, Engineering, and Tech- environmental medium, sense contaminants, nology Committee is the group that provides and warn of them by changing color. the primary coordinating mechanism for the Some of the more provocative terms asso- NNI. ciated with nanotechnology are uniquely At the request of the White House Eco- Drexler-esque and include assemblers, pro- nomic Council and the various NNI-partici- grammable molecular machines capable of pating agencies, the National Research Coun- building molecular structures from simpler cil agreed to review the NNI to assess the suit- chemical building blocks; disassemblers, ability of federal investments in nanotech-

nology, the inter-agency coordinating efforts national goals of protecting human health in this regard, and the Initiative’s research and the environment and of managing and portfolio. The NRC’s June 2002 report on its preserving dwindling natural resources of- review was overwhelmingly positive and fer many promising opportunities for commended the leadership and structure of nanotechnology. In the environmental and the NNI. Importantly, however, the NRC natural resource arenas, nanotechnology of- made 10 recommendations to enhance the fers particularly attractive benefits in three Initiative’s effectiveness. Among them was the key areas: innovative new tools to detect, development of a “crisp, overarching strate- monitor, and reduce pollution; the availabil- gic plan that emphasizes long-range goals that ity of environmentally benign manufactur- move results out of the laboratory and into ing processes; and the production of cleaner, the service of society.” Other recommenda- less expensive energy. tions emphasized a strong need for inter- Nanotechnology, at its core, is perhaps the agency collaboration, focused research, and ultimate sustainable development tool. the development of clear metrics against Advances in the ability to manufacture which to assess the effectiveness of the NNI products at the molecular level offer unprec- in meeting its goals. edented opportunities to manipulate matter The promise of nanotechnology, and the in ways that optimize the ability to engineer federal government’s support, are perhaps out of the process unwanted waste and by- best illustrated by Congress’s recent passage product materials. Nanotechnology offers and President Bush’s swift signing into law tremendous potential in the area of ecologi- of The 21st Century Nanotechn- cal forecasting. According to Ecological Fore- ology Research and Develop- casting, a report prepared by the Senate Com- ment Act on December 3, 2003. mittee on Environment and Natural The law authorizes $3.7 billion Resources’s Subcommittee on Ecological Sys- in federal support for nanotech- tems, nanotechnology enhances our very nology; authorizes and funds ability to “measure, monitor, and understand Nanotechnology, the NNI; creates various centers the complex structures and activities of liv- to coordinate and promote re- ing systems.” Consider smart dust, men- at its core, is search; and establishes various tioned earlier. It is composed of computer- perhaps the advisory boards and review pro- ized communicating sensors the size of dust cesses to set national goals and particles. Dispersed throughout the atmo- ultimate benchmarks for progress in sphere, smart dust can relay back informa- achieving them. The govern- tion about weather conditions, pollutants, sustainable ment is keenly aware that even and chemical weapons, among many other if the NSF’s prediction that by uses. These same nanosensors may be used development tool 2015 the market for nanotech to understand the dynamics of the smallest products and services is only elements of an ecosystem and thus help un- one-third correct, this amount lock mysteries that now impede our ability would represent over 3 percent to protect it. of the United States’ gross do- EPA’s Science to Achieve Results — STAR mestic product. The Bush ad- — grants program is nurturing the develop- ministration has increased each year the ment of many similar nanotechnologies and amount of money dedicated to nanotech re- has directed $6 million to support research search and has aggressively supported the at 16 universities in various nanotechnology NNI, identifying it as one of the applications likely to benefit the environ- administration’s highest multi-agency R&D ment. Examples of the more promising grant priorities. programs include: research at the University of California/San Diego to develop nano- based sensors for real time, remote detection he infusion of $847 million in of certain metals to facilitate the process of federal money that Congress tracking and treating them; research at recently authorized will make Clemson University exploring the potential nanotechnology and nanoeng- of plasmon-sensitized titanium dioxide ineering research even more nanoparticles to use more efficiently solar Trobust and will hasten the development of energy; research at the University of Miami products in many market sectors. Among to develop nanoscale sensors for the detec- them, the ongoing challenges posed by the tion of destructive marine toxins; and research

EPA Is Aware Of Dangers, Intrigued By Social Benefits

he Environmental Protection and remediation, and green manufac- and development. EPA has turned its Agency is continually in turing. At present, EPA is funding 30 attention to this issue in its STAR- Tsearch of better ways to pro- academic research grants in these ar- funded research and is now review- tect human health and the environ- eas through its Science to Achieve Re- ing research proposals that address ment through the use of emerging sults extramural grants program. Sen- the possible health and environmen- technology. One of these, nanotech- sor work funded through STAR tal effects of manufactured nanoma- nology, has the potential to revolu- ranges from detecting pollutants, terials. This research will address the tionize environmental protection. such as toxic metals in surface waters toxicity, environmental fate, trans- EPA joined with other agencies to or bacteria in drinking water, to de- port, and transformation, exposure support the development of this in- tecting algal toxins in aquatic environ- routes, and bioaccumulation poten- novative technology with ments. STAR nanotech- tial of manufactured nanomaterials. the launch of the presiden- nology researchers are STAR is also currently funding re- tial National Nanotech- also developing processes search to perform assessments on nology Initiative in 1999. to remove toxic organic lifecycle costs and benefits as Our key role in planning pollutants from ground nanotech-derived manufacturing research directions for en- water, convert heavy- and processing techniques replace vironmental applications metal compounds in the parts of current processes or prod- and implications of environment to more be- ucts. nanotechnology is en- nign forms, and prevent To encourage research sponsored hanced through our par- Paul Gilman toxic organic materials by other agencies in the environmen- ticipation in the inter- from entering ground- tal aspects of nanotechnology, EPA agency Nanoscale Science, Engineer- water supplies. To eliminate pollution works closely with the NSET commit- ing, and Technology subcommittee of at the source, STAR-funded scientists tee of the NNI. We are seeking to give the White House National Science are developing ways to manufacture other federal research program man- and Technology Council that coordi- nanomaterials without producing agers an awareness of the environ- nates implementation of the NNI. harmful wastes. They are also using mental applications and implications When structures, devices or sys- nanocatalysts to synthesize chemical of their programs. To this end, under tems consist of clusters of a few hun- compounds more efficiently. the National Nanotechnology Coor- dred atoms (1-100 nanometer in di- Through EPA’s Small Business In- dinating Office, EPA organized an in- mension), the laws of quantum me- novative Research program, the pri- teragency conference on nanotech- chanics often cause dramatic changes vate sector is developing nanocom- nology and the environment last Sep- in their mechanical, optical, chemical, posite plasticizers, high-efficiency tember to foster discussion and col- and electronic properties. Harness- catalysts, and new filter media using laboration between EPA researchers ing these properties is what we call nanomaterials. A small number of and those sponsored by other agen- nanotechnology. By allowing us to nanotech-related research projects are cies whose work addresses environ- manipulate materials on this scale, also being conducted in EPA labora- mental issues. nanotechnology has the potential to tories on topics such as using The societal implications of make miniature analytical chemical nanostructured photocatalysts as nanotechnology, including its pos- laboratories; provide new and more green alternatives for oxygenating sible environmental effects as well as effective ways to clean up environ- hydrocarbons and applying nano- the many benefits to environmen- mental contaminants; and offer fun- materials in adsorbents and catalysts tal quality that society may be able damentally new, environmentally to monitor air pollutants and control to reap from it, have received increas- benign ways to manufacture chemi- emissions. ing media and public attention as the cals and pharmaceuticals. In addition, The potential environmental im- technology continues to develop and since nanotech manufacturing will plications of nanotechnology have products enter the marketplace. EPA potentially use much lower amounts been critical issues since the inception is continually finding and using new of materials, the environmental im- of the NNI. Any revolutionary science information and methods that enable pact from extraction, transport, use, and engineering approach applied to our research programs to work hand- and disposal of these products will the existing infrastructure of con- in-hand with our regulatory pro- be substantially reduced. sumer goods, manufacturing meth- grams. As we gain knowledge about EPA’s primary focus to date has ods, and materials usage could have the environmental implications of been on research to determine how major environmental consequences. nanotechnology, we will continue to nanotechnology can be used to im- Understanding what these conse- examine the regulatory implications. prove environmental protection. quences are, and whether they are Dr. Paul Gilman is Science Advisor Nanotechnology has the potential to good or bad for the environment, is and Assistant Administrator for Research make an impact in three major areas also the responsibility of those en- and Development of the U.S. Environ- — environmental sensors, treatment gaged in nanotechnology research mental Protection Agency.

at Carnegie Mellon University to develop and taminated groundwater. They found that test smart nanoparticle assemblies that are nanoparticles injected into groundwater con- transportable in porous media and capable of taminated with trichloroethylene (TCE) de- identifying and degrading dense non-aque- graded the TCE into more benign products ous phase liquids(DNAPLs). The last are liq- when palladium or platinum was added to uids denser than water and not easily mixed iron nanoparticles to enhance the rate of the or dissolved in it, whose tendency to penetrate degradation process. In one field study, TCE the water table and sink into an aquifer makes levels were reduced up to 96 percent in them a source of long-persistent groundwa- groundwater. Other contaminants, including ter contamination, also capable of migrating chlorinated hydrocarbons, certain pesticides, rapidly in the subsurface due to their typically perchlorate, and PCBs, all have successfully low viscosities. been broken down using these nanoparticles. Another EPA grant program, the Small Busi- Employing the nanotechnologies noted above ness Innovation Research program, is funding to target and break down DNAPLs, as well as 11 projects for approximately $1 million for related applications, promise tremendous various nano-based products. These range progress in environmental remediation strat- from the use of nanocomposite-based filters egies. with nano-sized activated alumina to remove While perhaps not as dramatic, nanotech- arsenic from drinking water to meet the new nology application in the world of apparel Safe Drinking Water Act standard to the use of could significantly improve the ability to pro- nanofibrous manganese dioxide for emission tect people whose livelihoods cause them to control of volatile organic compounds. These be exposed to chemicals and other potentially research initiatives are impressive in their sheer harmful agents. Apparel manufacturers are number and versatility and in the promise each now producing stain-resistant products that holds in protecting public health. embed fabrics with hair-like fibers, or Manufacturing successfully at the molecu- nanowhiskers, to prevent liquids from pen- lar level is of critical importance to the NNI as etrating the fabric. Such resistance has obvi- a prerequirsite for realizing the benefits of ous application in protecting industrial and nanotechnology. Current manufacturing pro- agricultural workers, hazmat, and other emer- cesses require large quantities of gency first responders, and even military per- materials for production. The pro- sonnel from occupational hazards of one form cess generates waste and or another. byproducts, the bulk of which Nanotechnology’s utility in the resources Manipulating typically are destined for disposal area is equally significant. The NNI believes rather than beneficial reuse. This that nanotechnology portends significant im- matter at the last fact is less an indictment of provements in solar energy conversion and our ability to recycle than a con- storage, thermoelectric converters, high-perfor- molecular level sequence of the top-down ma- mance batteries and fuel cells, and greatly en- chining approach to production hanced electrical power transmission lines. Col- could mean and the inevitable generation of lectively, these advances could make energy engineering out unwanted materials. In bottom- more abundant, cleaner, and less expensive. up manufacturing, the raw ma- According to the Foresight Institute, in its unwanted waste terials of the process are atoms thoughtful and scholarly white paper and molecules, and only materi- authored by Dr. Stephen L. Gillett, and byproducts als that are intended to be used Nanotechnology: Clean Energy and Resources for in the nanofabrication process are the Future, molecular nanotechnology will involved. The manufacture of play a “major part of solving the issues of both nanoscale components in sustainable resource extraction and byproduct macroscale devices holds tremen- mitigation,” and the “most critical” applica- dous promise for green manufacturing and the tion of molecular nanotechnology is for these significant reduction of manufacturing waste uses. Two potential applications of nanotech- materials. nology in resource-related areas stand out. In the environmental area, also, First, nanotechnology may hold the key to en- nanotechnology is the basis of innovative tech- hancing energy efficiency. In what Gillett re- nologies that are and will be applied to treat fers to as the Promethean Paradigm, our and remediate contaminants. Researchers at wasteful and inefficient energy management Lehigh University discovered that nanoscale style is largely a function of our use of energy particles on metallic iron may remediate con- as heat. That is, fuels are burned. Burning a

Regulation? Wait For Standardization, Commercialization

ontrol over matter at the tion will also provide policymakers a specific product; genes can be nanometer scale provides a a more complete and coherent picture named precisely, detected in small Cpowerful tool for advancing of nanomaterial risks. Right now, the amounts, and manufactured without industries, ranging from electronics toxicological studies of engineered any need for large infrastructure. Bio- to pharmaceuticals. The sheer breadth nanomaterials can be counted on one technology products are thus easy of the term “nanotechnology” allows hand, and more ambitious risk as- to standardize, and the concrete as- scientists of every discipline to envi- sessments are years away. However, sessments of the genetic fingerprints sion the far-reaching impact of government funding is increasing, of products enables intellectual prop- nanoscale science in their own fields. and some industries may begin sup- erty to be controlled and protected. In the midst of this enthusiasm, crit- porting such research. If so, In contrast, nanotechnology is en- ics have emerged. Their policymakers won’t have abled by a complex set of materials concerns about the envi- to act on the basis of only with no systematic nomenclature, ronmental and health ef- one or two studies of and are typically challenging to fects of nanomaterials raise nanomaterial risks, but manufacture with high quality. Often questions about whether can count on a broader sci- nanomaterial samples consist of a and how the industry entific consensus. range of material sizes, and thus are should be regulated. My next suggestion is more like a complex mixture than a Whether to slow down to proceed into this new pure substance. Most critically, both the pace of a new technol- policy area with a watch- for regulatory issues as well as patent ogy is a divisive question Vicki Colvin ful confidence in engi- protection, nanomaterials are not eas- for society. In the case of neered nanomaterials. ily detected or standardized with nanotechnology, the question of gov- Engineered nanomaterials are not tabletop instruments. Although ernment regulation will be conten- new substances. They are the prod- many of these problems will be over- tious, as known benefits must be bal- ucts of chemical processes which now come, most likely nanomaterials will anced against an incomplete view of focus on control over nanoscale struc- never have a completely reliable sys- the risks. The imperfect cost-benefit tures as opposed to molecules. The tem of fingerprinting. analysis that is required is best left to ruby red color of stained glass in Me- While nanomaterial fingerprinting policymakers. Still, I have several dieval churches comes from a is not necessary for this industry to suggestions from a scientist’s per- nanoscale gold pigment, for example, develop, I find it difficult to imagine spective that may be useful for and non-anthropogenic nanopar- any effective regulatory policy of policymakers and citizens. ticles are widely found in nature. nanomaterial-containing products The first is to hold off judgment of These materials obey the same basic with the current approaches to no- nanomaterials until there are press- chemical laws as any other manmade menclature and standardization and ing applications entering the market. substance, and will be amenable to no straightforward manufacturing It is difficult to determine whether conventional risk assessment and paradigm to follow. We nanoscien- “real” nanomaterials are used in com- toxicological studies. In other words, tists must put our own house in or- merce. In the United States no manu- they are not unfamiliar substances to der before products become available. facturer has triggered the regulatory chemists, toxicologists, and environ- As it now stands, there is no agreed process for these systems, which sug- mental engineers. upon standard for nanomaterial qual- gests their applications are not wide- This familiarity should be tem- ity or purity. Additionally, we have spread. Some industries have for pered with the recognition that engi- no formal way of distinguishing years used colloidal pigments and neered nanomaterials do possess fea- among different nanomaterial classes additives in products; while these tures distinctive from their bulkier, in the technical community. With may be nanostructured, they present molecular counterparts. It seems rea- such imprecision in language, the car- a different set of technical issues from sonable that the special chemical and bon nanoparticles generated in the the “engineered nanomaterials” that physical properties of nanomaterials burning of diesel fuel are indistin- hold the true promise. These higher may also lead to unique biological guishable in the media from engi- performance nanomaterials, which properties. Academic research in this neered carbon nanostructures. These drive nanotechnology, are not yet area is designed to test this hypoth- housekeeping issues may not seem commercialized. As the industry de- esis, and over the next few years a glamorous, but their completion en- velops, nanotechnologists and regu- general understanding of these issues sures that the entire field of lators alike have a window of oppor- should develop. nanotechnology will survive its com- tunity to evaluate the risks before Finally, I’d like to point out the mercialization in one piece. products are produced. Such time limitations of drawing analogies be- Vicki Colvin, Ph.D., is Director of will allow for an effective, measured tween biotechnology and nanotech- the Center for Biological and Environ- regulatory response. nology. In biotechnology engineered mental Nanotechnology at Rice Uni- Waiting on nanomaterial regula- genes are the enabling component for versity in Houston, Texas.

fuel, however, wastes most of its energy, but extent unknown. Accordingly, any assess- the ability to utilize chemical energy without ment of whether and how currently avail- thermalizing it requires molecular restructur- able environmental authorities might apply ing. The creation and use of nanostructured and, if so, how effectively they address these devices such as fuel cells, the use of implications is necessarily speculative. nanostructured materials to decrease trans- Its commercial applications are still in portation costs, and more effective byproduct their early years, and environmental regula- elimination through the use of molecularly tion of nanotechnology is in its infancy too. tailored catalysts will all greatly increase our As an active participant in the NNI, EPA’s energy efficiency. primary focus, in research dollars, has been A second key area where nanotechnology on green nanotechnology — the pollution is expected to impact the resource area is en- prevention and cleanup gains that ergy extraction and resource nanotechnology holds out the promise of management. Access to subsur- achieving. EPA is just beginning to fund risk face information is essential studies that will be an important part of the when extracting materials from future regulatory equation. The ability to use an underground energy source Setting aside apocalyptic scenarios of but is very difficult to obtain. wildly multiplying nanobots, not even the fossil fuels Nanotechnology already is help- most enthusiastic nanotechnology propo- without burning ing to retrieve and process seis- nents deny that it may have an environmen- mic data to picture underground tal downside. It is generally recognized that them could mean structures, thus facilitating ef- the very “nano” nature of the substances in- forts to locate and extract energy volved — their breathtaking smallness — much greater from subsurface sources. does not rule out their potential to be harm- Another application of nano- ful to health or the environment — from a energy efficiency technology is in the use of pulmonary health standpoint, for example, and far less nanoscale sensing technologies to small is not necessarily beautiful. Any explo- maximize the collection of energy ration of the health or environmental risks pollution from solar, tidal, surf, and related involved when nanotechnology comes into diffuse-energy sources. It is well commercial use is complicated by the basic established that each of these dif- fact that, as with the universe of known pol- fuse sources potentially contains lutants, different nanoparticles or tremendous amounts of energy. nanomaterials vary in their properties, in The challenge has been in harnessing the power their potential to do harm, and in their ame- inexpensively and managing it efficiently. The nability to existing control measures. large-scale fabrication of nanostructured ma- The modest body of early research on terials has many energy-related applications, health effects related to the use of including the direct use of solar power; the use nanotechnology has yielded mixed results, of thermoelectric materials to maximize the some of them described at a symposium dur- availability of small thermal energy sources; ing the spring 2003 American Chemical So- and the use of super-strength materials to har- ciety national meeting. From a regulatory ness the potential energy in surf, which other- standpoint, certain of the research has been wise would require, for example, log cables to more in the province of the FDA than of EPA; reach the sea floor and withstand turbulent nanoparticles have promise in drug-delivery weather conditions. Professor Gillett’s white applications, and initial studies have shown paper is recommended reading for those in- them capable of crossing the “blood-brain” terested in learning more about barrier without harming the brain in the pro- nanotechnology’s potential in ensuring abun- cess. Other research reviewed at the ACS dant, cheap, and clean energy. meeting has shown that silica-coated nanocrystals could be incorporated safely into living cells, with no apparent harmful he specific environmental and effects, for the purposes of studying the po- human health impacts of tential for cancer to spread at the level of the nanotechnology, as a manufactur- cell. ing process, as well as the Of more pointed relevance for environ- environmental implications of mental regulation were the inhalation stud- Tusing any specific product of a nanotech- ies discussed at the ACS meeting. Studies by nology manufacturing process, are to a large Dr. Günter Oberdörster, a University of Roch-

ester toxicologist and a leading proponent of work and performing inhalation studies to the link between ultrafine particles and res- try to reconcile the so-far inconsistent results piratory tract toxicity, have shown that UFPs and to shed more light on the operative tox- (those < 0.1 micrometer) are considerably icity mechanisms. Additional insight into the more successful than are larger particles in potential pulmonary toxicity of nanotubes producing an inflammatory response in the will be a necessary — but not a sufficient — lung. UFPs encompass nanoparticles, which basis for the development of sound environ- are an order of magnitude smaller. mental regulatory policy. To assess the risks Dr. Oberdörster expressed concerns about posed by nanotubes and other nanotech- the flip-side of the ability of UFPs to cross nology products, it will be essential to un- the blood-brain barrier — their potential to derstand the exposure pathways as well. affect adversely the central nervous system Without realistic means for human exposure — and called for more research in the area. to occur, toxicity findings become accord- The generation of UFPs, of course, is scarcely ingly less meaningful. More research should limited to applied nanotechnology. UFPs are fill in many of the blanks, but the answers ubiquitous in urban areas, as a product of will take time. gasoline exhaust and industrial processes, and those UFPs ultimately may pose a far more substantial health threat than will the he yawning data gaps underscore particulate byproducts of nanotechnology the very speculative nature of any applications. discussion of how to regulate the Two other research initiatives discussed at environmental effects of commer- the ACS symposium explored the pulmonary cial nanotechnology. But some toxicity of carbon nanotubes, which are an- Tobservations and projections can be made. ticipated to be an early and successful appli- When it does come, environmental regula- cation because they are extremely strong, tion almost certainly will look first to the ex- lightweight electrical conductors, whose po- isting statutory framework. Amending any tential uses include semiconductors and one of the environmental laws, much less en- computers. When Dr. David Warheit of acting major new legislation, can be a slow DuPont and his colleagues injected nanotube and contentious process. Unless nanotech- and soot mixtures into the lungs of rats, they nology confronts lawmakers with urgent and found that a startling 15 percent of the rats troublesome surprises, the basic died within 24 hours, suffocated by the rapid set of tools will be what is avail- clumping of the nanotubes. The rats that sur- able now. vived, however, showed only fleeting inflam- The Toxic Substances Control mation, apparently because the same clump- Act is one of the statutes under Depending on how ing mechanism prevented the nanotubes which commercial applications EPA might use it, from penetrating too deeply into the lungs. of nanotechnology are likely to In studies under NASA auspices, when Dr. be regulated, in that it autho- TSCA allows it to Chiu-Wing Lam and his colleagues instilled rizes EPA to review and, if ap- nanotubes into the trachea of mice, they also propriate, to establish limits on review new observed a clumping together of the the manufacture of new chemi- nanotubes in granulomas, lesions that had cals. Typically, under TSCA Sec- chemicals, regulate formed as an immune response in an attempt tion 5, the manufacturer of a them, and even ban to isolate the foreign bodies; granulomas also new “chemical substance” (a were observed by Dr. Warheit, although these term defined in the law) must them for did not correlate readily with the minimal submit a pre-manufacture no- toxicity findings in his research. When car- tice (PMN), including toxicity unreasonable risks bon nanotubes were compared with suspen- and other data, to EPA at least sions of carbon black (minimal effects) and 90 days before production of the with quartz particles (effects, at high doses, chemical is to begin. During the from mild to moderate), Dr. Lam concluded prescribed 90-day review period, EPA may that the nanotubes could have the greatest initiate rulemaking to regulate manufacture toxic pulmonary impact of the three and, on of the new chemical substance or may enter this basis, cautioned about potential work- into an agreement with the manufacturer that place exposures. imposes limits on its production. In most Drs. Oberdöster, Warheit, and Lam all rec- cases, EPA will not take such action, and the ommended going beyond their instillation manufacturer may go ahead with production

of the chemical, subject to record-keeping, re- risk.” The law requires EPA to use “the least porting — the well-known TSCA inventory — burdensome requirements,” however. EPA and other statutory requirements. does not resort often to Section 6, and its track New chemicals otherwise subject to TSCA record has not been uniformly successful when may be candidates for the exemptions provided going that route. But the Section 6 authority is under the law. The statutory R&D exemption, available to EPA should future health or envi- which may cover some early-stage ronmental data about approved nanotech- nanotechnologies, avoids the PMN process nology applications warrant a greater degree without requiring EPA’s approval of an exemp- of, or different, regulation under TSCA than tion application. Other available exemptions originally determined. from the full-scale PMN process The potential applicability of TSCA to — which require an application nanotechnology is addressed in Nanotechnology and pre-production approval by & Regulation: A Case Study Using the Toxic Sub- EPA — may be based upon either stance Control Act, an informative discussion The Clean Air Act low volume manufacture (under paper prepared in 2003 by Ahson Wardak of 10,000 kilograms/year of the the University of Virginia, with EPA input, regulates particles, chemical); low environmental re- under the auspices of the Foresight and Gov- leases and human exposure, to- ernance Project of the Woodrow Wilson Inter- but only for large gether with low volume; or plans national Center for Scholars. The paper, which sources. OSHA for limited test-marketing. uses carbon nanotubes as a test case, raises a Passing through, or bypass- variety of issues for consideration in the TSCA workplace ing, the PMN process and com- context and is helpful to those who wish to plying with the applicable re- explore further how TSCA might apply to regulation is more porting and record-keeping re- nanotechnology. likely if particles quirements do not prevent EPA One final and important point about the from revisiting a chemical’s sta- potential applicability of TSCA relates to the are a problem tus under TSCA, especially research discussed above suggesting that the where the relevant information inhalation of nanoparticles may result in pul- expands over time, as is likely monary toxicity. Where this occurs in the pro- with nanotechnology. EPA may cess of a commercial application of nanotech- take the position that a given nology (rather than from breathing urban air), nanotechnology application is a “significant the exposures of concern are likely to be occu- new use” and, on that basis, may require test pational ones. While the regulation of chemi- data that will enable it to explore whether the cal exposures in the workplace are subject to adoption of a significant new use rule (SNUR) regulation by OSHA, EPA has used TSCA as a is called for. Initiation of the SNUR process means for exercising its own regulatory author- usually does not result in onerous, if any, lim- ity to minimize workplace exposures. Whether its placed on the manufacture of a chemical or not this is an appropriate exercise of its TSCA substance, although it does represent yet an- authority, EPA might be expected to use it again other set of requirements to contend with. The for this purpose in the future. That said, the nature of nanotechnology, with its limited en- nascent nanotechnology industry and other in- vironmental impact database and the relative terested parties should be prepared to work unfamiliarity of the chemicals involved, with OSHA in establishing air contaminant per- makes it very possible that EPA will consider missible exposure limits in the workplace and a given application to be a “new use” of an such other requirements as hazard communi- existing chemical instead of a “new chemical cation measures and the use of suitable per- substance.” sonal protective equipment to minimize risks Ultimately, TSCA also provides EPA with to employees as more is learned about expo- the tools to respond where information comes sure pathways. to light that supports the finding that the manufacturing, processing, distribution, use, and/ or disposal of a chemical substance will present nother environmental statute “an unreasonable risk of injury to health or the under which nanotechnology environment.” If EPA can sustain the substan- eventually may be regulated is tial burden of proof involved, TSCA Section 6 the Clean Air Act. Particulate allows it to impose one or more of an array of matter is one of the criteria pol- regulatory measures, including an outright Alutants for which EPA has established Na- prohibition, to “protect adequately against the tional Ambient Air Quality Standards under

Sections 108 and 109 and which the states to the regulatory control measures, although must implement under Section 110. In 1997, by the time such hypothetical measures could EPA adopted a controversial revision to its be in place, nanotechnology likely would be CAA regulations, which, among other things, mature enough and individual production established NAAQS for fine particulates of units large enough, that many of them would less than 2.5 micrometers. After protracted be major for Section 112 purposes. litigation, including a trip to the Supreme A maturing industry, along with data re- Court on questions of constitutionality and garding the environmental fate of process authority, in 2002 the Court of Appeals for wastes, should provide a clearer picture of the D.C. Circuit upheld the particulates stan- how the provisions of the Resource Conser- dards. vation and Recovery Act will affect Their nationwide applicability notwith- nanotechnology in commercial production. standing, the standards will not have a di- Assuming that wastes from an applied rect impact on individual industrial sources nanotechnology facility met the criteria for a of nanotechnology products. The standards RCRA waste — either through listing or by apply through the state implementation exhibiting one of RCRA’s specified hazard- plans, rather than directly to individual ous waste characteristics — the facility would sources. Any control measures necessary to acquire generator status under Section 3002 meet the standards, which will apply only and, as such, would be subject to the record- in certain geographic areas, are likelier to be keeping, reporting, manifesting, and safe aimed at larger sources of fine particulate handling requirements under that provision. matter. Potentially, emission controls could Small generators — those that generate haz- be translated into specific limitations on in- ardous wastes in quantities between 100 and dividual manufacturers that employ 999 kilograms during a calendar month — nanotechnology — for example, in connec- are subject to separate regulations, whereas tion with the construction and operating per- generators that also treat, store, or dispose mits required for major new and modified of hazardous wastes onsite are subject to far emissions sources — but various triggers more extensive requirements under Section must be met before any given nanotechno- 3004. Applied nanotechnology facilities prob- logy manufacturer would become subject to ably are likelier to be subject to the former such permit limits. than the latter, at least in the near term. In a more speculative future, and one in RCRA may well be suffi- which nanotechnology was significantly ciently elastic to accommodate more widespread, the industry (and sub- any new and now unknown groups within it) could become subject to hazards associated with hazardous air pollutant standards promul- nanowaste. If, for example, If nanotech gated by EPA under CAA Section 112. Sec- nanotechnology processing processing waste tion 112 standards allow EPA to target pol- waste, such as it is, poses haz- lutants of concern on an industry-wide ba- ards to human health and the poses a threat to sis, but only after the pollutants at issue are environment when disposed, added to a long list required by law. For a RCRA’s waste identification cri- human health and substance to be added to the Section 112 list, teria would seem well suited to EPA must find that it is an air pollutant and apply and prevent the types of the environment that its “emissions, ambient concentrations, health hazards that more con- when disposed, bioaccumulation or deposition . . . are known ventional manufacturing wastes to cause or may reasonably be anticipated to are now believed to pose when RCRA could be cause adverse effects to human health or managed carelessly. It is not too adverse environmental effects.” If identified much of a stretch, for example, invoked pollutants of concern were eventually added to envision EPA designating a to the list (or if production using nanotech- specific waste listing under 40 nology generated already-listed pollutants), C.F.R. Section 261.32 (hazardous EPA would proceed to establish, through waste from specific sources) to capture waste rulemaking, technology-based control stan- from specific nanotechnology processes that dards, probably after dividing the industry are believed to pose specific and uniquely into subcategories; later, health-based stan- nanohazards. dards could kick in, if needed, to address A final environmental statute that de- “residual risk” remaining after a period of serves mention here is the National Envi- years. Only major sources would be subject ronmental Policy Act. Insofar as nanotech-

nology research is being funded by the federal even the most creative thinkers. They cover government, the projects involved can be con- the gamut from the very general — what is sidered — in the well-known parlance of NEPA the government’s role; should the nanotech — to be “major federal actions significantly af- industry regulate itself; is regulation even fecting the quality of the human environment.” necessary or appropriate; how is the Precau- As such, these federally funded research tionary Principle applied in these circum- projects arguably are subject to NEPA’s envi- stances; what ethical considerations should ronmental impact statement requirement be- apply when developing nanotechnologies — fore the decision to proceed with the funding to the specific — is an ultra fine particle sub- is made final. Whether anti-technology activ- ject to regulation under the CAA; is an exist- ists will make serious resort to NEPA as a ing chemical that has been reengineered at means to impede nanotechnology research re- the molecular level to enhance certain physi- mains to be seen. NEPA litigation has the po- cal properties the same chemical for TSCA tential to hobble almost any project. Neverthe- purposes. The commercialization of nano- less, nanotechnology has taken off to the de- technologies soon will compel answers to gree that it seems more productive to explore these and many other questions. how best to extract its environ- EPA’s Office of Research and Develop- mental benefits and to minimize ment is well aware of these issues and is an its adverse impacts rather than to active participant in the international science try to shut off a federal support debate involving nanotechnology. As a mem- And don’t forget effort that is well underway. ber of the NNI, EPA also is actively pursu- NEPA. The federal Brief note should be made of ing the implications of nanotechnologies and the application of the Precaution- their application in the areas of sustainable government is ary Principle to all of this. While development, pollution prevention/pollu- not a statute, it is nonetheless an tion remediation strategies, and green manu- funding research, important legal concept that will facturing. Despite these significant initia- have enormous application in this tives, the social, regulatory, ethical, and eco- and environmental area. As is the case with any new nomic implications of nanotechnology are impact statements technology — certainly one with still flying below radar to a very large extent. as many potentially far reaching Greater public discourse may hasten the de- at the R&D stage consequences as nanotechnology velopment of a conceptual framework for — there will a chorus of advocates addressing the core science policy and regu- are a possibility urging the government and the latory issues — some of which are less cere- private sector to go slowly, mind- bral than they first appear — and for ensur- ful of what is unknown about any ing that the public is fully aware of the sig- potential risk posed by the nificant benefits and potential risks that nanotechnology manufacturing process as well nanotechnology poses. At the international as any of its products. The implications of the level, the potential dangers of commercial- application of the Precautionary Principle are ized nanotechnology are more front-and-cen- well beyond the scope of this article. Suffice it ter than they are domestically, not unlike the to say its rigid application could well blunt negative hype about genetically modified many of the promising opportunities to en- organisms which has been, and remains, hance human health and the environment that uniquely robust in the European Union. Les- nanotechnology offers. How, to what extent, sons learned from that experience suggest and under what circumstances will entrepre- that early, open, and informed communica- neurs, government, and private sector stake- tion about nanotechnology, its risks and ben- holders need to temper their enthusiasm in the efits, and its considerable commercial prom- face of caution at all costs will be a hotly de- ise is essential. bated topic for some time to come. EPA and its sister agencies, the Depart- ments of Interior and Energy, along with other stakeholders, including the Environ- o the extent hindsight is always mental Law Institute, are well suited to fos- 20/20, we see the need for, and the ter opportunities for such debate. This will wisdom of, considering now the help ensure that careful and deliberate full complement of issues that the thought about the environmental and re- advent of a revolution in manu- source policy implications of nanotechnology Tfacturing suggests. There are many such keep pace with the lightning speed of the issues, the resolution of which will challenge development of nanotechnology itself. •

COVER The Next Small Thing STORIES Nanotechnology is not the next industrial revolution, but it will converge with ongoing revolutions in information technology and biotechnology to create it. The environmental community has a chance to guide the coming Info-Bio-Nano Revolution in ways that avoid the mistakes of the first industrial revolution — and harness this one for environmental improvement

DAVID REJESKI

recent article in Scientific we can produce thin film photovoltaics at one American contained the tenth the present cost or find new ways to following statement about cheaply desalinate seawater or treat cancer. nanotechnology: “If the nano Problems, maybe, if nanoscale particles can be concept holds together, it could, inhaled deeply into the lungs or cross the Ain fact lay the groundwork for a new indus- blood-brain or blood-placenta barrier. Once the trial revolution.” That is an exciting thought. production of anything ramps up, a range of Penetrating down to a nanoscale level (one bil- familiar regulatory issues appear related to lionth of a meter or 1/100,000 the width of a worker exposure, new chemicals, air and wa- human hair) is like opening up a new scien- ter emissions, and waste disposal. Separating tific universe, a universe where many of the science from science fiction is critical at this basic properties of matter, from optics to chem- stage and it will not be easy. Ensuring that the istry, are determined. The science of benefits of such technologies are distributed to nanotechnology is already here, supported in people in the world who need them the most the United States by a $3.7-billion, four-year will be an even more daunting task. government spending plan. Dozens of other At the beginning of any new technological countries have launched their own national ini- wave is what might be called the hype bubble, tiatives, making the nanotech boom a global that initial burst of exuberance that is inevita- phenomenon. bly followed by the painful recognition that we Nanotechnology has moved beyond arcane mortals have not escaped the laws of unin- journals and laboratory science. Products uti- tended consequences. Remember nuclear en- lizing nanotechnology are already on the mar- ergy (power will be too cheap to meter), or bio- ket, ranging from improved sunscreens to technology (we will feed the world), or infor- stain-resistant fabrics to ultra-light flat panel mation technology (the paperless office)? Nor- displays for cellphones. Carbon nanotubes (an mally, by the time the hype bubble has passed extremely high strength form of carbon discov- and we recover our composure, whole new ered in 1991) are used to produce better auto- industries have been built, stock options cashed mobile parts. The liners in Dunlop tennis balls in, and environmental groups mobilized contain clay modified at a nanoscale level to around that tiresome litany of “I told you so.” drastically reduce air leakage and maintain The repetitive nature of this phenomenon de- bounce. Use that technology in car and truck serves some serious attention, and it is finally tires and we could save millions of gallons of receiving it thanks to the work of people like gas a year caused by under inflated tires and Princeton psychologist Daniel Kahneman, win- lower accident rates to boot. ner of the 2002 Nobel Prize in economics. His But remember small is not necessarily bet- research has shown how optimism can under- ter, it is just smaller. Many of the molecules that mine rational judgment and often results in we may end up manipulating at an atomic level wild overestimates of the benefits of projects are not environmentally benign and, as in all and underestimates of their long-term costs. manufacturing processes, they may be ma- The hype bubble dominates technological nipulated to maximize other properties beside innovation cycles because it is easy to get environmental characteristics, such as strength, people excited (and overly optimistic) about conductivity, transparency, etc. So what exactly the next big thing. This kills our long-term does smallness buy you? Solutions, maybe, if memory, wipes out our peripheral vision (our

guard against surprise), and compromises our nfortunately, there does not judgment. This socially contagious affliction seem to be much excitement in works regardless of whether you are a poten- the air or even the recognition tial moviegoer, some crazed venture capitalist of an industrial sea change in looking for high-return investment opportu- today’s discourse on the envi- nities, a legal firm trolling for new business Uronment. To be fair, many environmentalists opportunities, or a newly minted Ph.D. search- are distracted. Given the ongoing attempts to ing for your first job. The problem with riding roll back our existing environmental regula- hype towards the next big thing is that people tions there is not a lot of time or energy left to tend to forget about the last big thing and how focus on prospective revolutions. However, the that connected to the big things that came be- long-term costs of this distraction may be high fore. The media, the fashion industry, and the as well as our social regrets when we wake up stock market reward this “art of forgetting” but at some future date and gaze in amazement on public policy does not, and should not. a transformed industrial landscape. Now is the One way to break the hype bubble is to ask time to be asking three interrelated questions: some contextual questions. The most interest- First, obviously, Is there an industrial revolu- ing question surrounding nanotechnology is tion taking place? Then, What are the critical whether it will give us an industrial revolu- implications for environmental protection and tion, or just stain-resistant pants. Industrial policy? And finally, How do we better prepare revolutions do not happen often, so we to shape the outcomes of this revolution? Let shouldn’t accept this assertion lightly (nor us address these questions one by one. should it be made lightly). How would we know an Answering this question industrial revolution if we forces us to view nanotech- bumped into one? Imagine nology in a larger context Changes already if we could go back in time and remember things we to the mid-1800s and pass tend to comfortably obscure underway in through the last industrial or avoid. industrial design revolution. What transi- From the standpoint of tions — economic, social, or the environmental com- and production otherwise — would we per- munity, the answer to this ceive during our passage question (or recognition show that through time and are we that it even exists) is im- regulation isn’t seeing anything similar to- portant. Think about what day? is at stake. The modern en- going to be anything Radical shifts in the vironmental movement means of production. The David Rejeski directs the came into existence like it used to be most obvious change Foresight and Governance around thirty years ago at would be the emergence of Project at the Woodrow the tail end of the first in- whole new ways of making Wilson International dustrial revolution. That things. In 1856, the search Center for Scholars. He is revolution unleashed fossil energy for trans- for a synthetic equivalent of quinine to treat a member of the EPA portation, manufacturing, and power and malaria led the young English chemist Will- Science Advisory Board created the chemical industry — a boon to iam Perkins to the discovery of a purple dye and was recently a society but a bane till this day because of ac- and the launching of the synthetic chemical Visiting Fellow at the Yale companying pollution problems. If we are industry. Suddenly, coal went from a fuel to a School of Forestry and at the threshold of the next industrial revo- feedstock for a whole new industry that quickly lution, the environmental community is fac- spread to Germany, France, and beyond. Environmental Studies. ing its first opportunity to shape an emerg- Perkins and his followers learned how to scale ing social and technological infrastructure in up laboratory-based processes to full blown ways that could dramatically improve envi- manufacturing enterprises. Synthetic chemis- ronmental conditions. This opportunity will try gave rise to synthetic plastics and then syn- be short-lived, given the tendency for tech- thetic drugs and the whole synthetic world we nological systems, and their associated insti- inhabit today. Synthetic chemistry converged tutional infrastructure, to become locked in with other technologies such as the steam en- and hard to change. So if the next industrial gine and electricity and electrification, which revolution is about to happen, we will not freed production from streams, coal mines, and have much time to take advantage of a new other stationary sources of power. This story set of emerging environmental opportunities. could be extended, but the point is that radi-

cally new means of production, based on new zational and management theory. Harvard scientific discoveries, were a key to the last in- Business School was founded in 1909, new ef- dustrial revolution and will be the key to the ficiency theories were applied to Fordist mass next. Photolithography, powder metallurgy, production systems, and industrial leaders combinatorial chemistry — these are some of such as Alfred Sloan rethought and reorga- the new ways of making things that have re- nized the organizational structure underpin- cently appeared. Nanotechnology’s greatest ning business. potential, yet unrealized, will be in its ability Pervasive changes in industrial structure to alter the means of production but that have again occurred over the past decade, be- doesn’t necessarily portend an industrial revo- ginning in the computer industry and spread- lution. Here is why. ing to other areas in the manufacturing sector Significant changes in commu- and finally into the service sector. Many of the nications infrastructure. We often changes are hidden behind a thick veil of jar- Environmentalism’s forget that the first industrial gon such as mass customization, contract revolution was built on radical manufacturing, distributed manufacturing, first opportunity to changes in our communications build-to-order, the real-time enterprise, value- infrastructure wrought by the chain modularity, the personalization of pro- shape an emerging telegraph, the telephone, and, in duction, and free agent workers. Behind this technology in ways high-density urban areas such as gibberish, however, is the emergence of pro- New York City, pneumatic mail duction systems built on loose, weblike net- that could systems. To appreciate the extent works rather than the traditional vertical hier- of these changes, remember that archies that have dominated industry in the dramatically before the advent of the tele- past and shaped our past approaches to envi- graph, it took 10 days to carry a ronmental law and policy. The term supply improve message from Missouri to Cali- chains (denoting something rigid and linear) is environmental fornia via pony express, two days now being replaced by the term supply networks. to send a message from New York The nature and basis of competition is also in conditions to Chicago by train, or weeks to flux with an increasing premium put on speed go from America to England by to market, faster customer feedback loops, and ship. Within one decade (1840– the rapid re-engineering of products and pro- 1850) the time required to trans- cesses. At this point in time, businesses in the mit any given word decreased by a factor of nanotech sector have not departed from exist- 3,000 and the cost by a factor of 100. Suddenly, ing trends in organizational design and man- the possibility of real time or near-real time agement. But what about impacts to the bot- communication became possible and afford- tom-line? able. What has changed over the last twenty Accompanying increases in productivity. A years is not so much the speed of communica- classic study by Ram Jaikumar at Harvard tion (we reached near speed of light rates years Business School examined the changes in la- ago), but our connectivity, the amount of data bor productivity caused by shifts from the early available, processing power, and the radically craft system to mass production and to scien- decreasing cost of accessing and using that in- tific management techniques and computer- formation. These changes have underpinned based process control. Each of these changes what we commonly refer to as the information in the means of production were typically ac- economy. Nanotechnology may improve com- companied by a factor of three increase in pro- puting power, storage, or bandwidth, but the ductivity. Are we seeing anything like this at large disruptive changes have already oc- this point in time? In sectors such as comput- curred. ers and industrial machinery, output per hour Changes in the organization and manage- worked increased by an average of 15 percent ment of production. Closely associated with annually between 1995 and 2001 (exceeding a new ways of communicating are often new factor two increase). Labor productivity has re- ways of organizing people, work, and com- cently been running at rates of 7–8 percent, and, merce in a broad sense. As Peter Drucker once since the end of 2001, overall productivity has noted, “In a knowledge society, managers must expanded at an annual rate of over 5 percent, prepare to abandon everything they know.” reaching a 50-year record. Growth that ap- During the last great industrial revolution, peared to be confined to discrete parts of the managers did abandon everything. By the early manufacturing sector has now spread into the part of the 20th century, we witnessed the de- service sector, defying a long held assumption velopment and application of modern organi- attributed to economist William Baumol — that

service sector productivity would lag way be- once in lifetime opportunity to get things right, hind productivity in the manufacturing sector but it will not happen without clarity of per- because it required activities that could not be ception, moral conviction, and public sector easily mechanized. The most common expla- leadership. We have a chance to guide an in- nation for this deepening in growth across dustrial revolution not only to minimize harm, multiple sectors is that organizations have fi- but perhaps to find ways that industry can radi- nally figured out how to adapt to and optimize cally overhaul technologies, for environmen- new technologies, especially information tech- tal benefit. So let us stop here for a moment nologies. Nanotechnology may significantly and explore this world from an environmental boost industrial productivity, but is it not likely perspective. This is not some distant future that within the next five years. It is also unclear may appear at our local cinema, but a world at whether and when improvements will flow our doorsteps. The goal is to gain a better un- across sectors (into the dominant service indus- derstanding of just what the hype bubble and try, for instance) as they are doing with infor- other social distractions have obscured from mation technology. view as our society has been entering, with increasing speed, the next industrial revolution. Change accelerates. What is different about o, looking backward, there were this industrial revolution versus that last is the four clear signals, or patterns of sig- rate of change, and this difference has broad nals, that an industrial revolution implications for governance strategies, includ- was upon us, starting a century and ing environmental law. We are witnessing a a half ago. Each of these factors — shift from an economy based on long-lived Show we produce, how we communicate, how technologies such as locomotives and power we organize production, and accompanying in- plants to one built increasingly on short-lived, creases in productivity as a result of the first constantly improving technologies like com- three — has significant environmental impli- puters, DNA chips, or service strategies. It is cations. Modify these factors and society’s en- not just computer processing speeds that are vironmental footprint shifts, often in ways that dramatically improving but things like the rate are difficult to predict with precision. You will of process changes, the frequency of mergers, also notice that none of these changes has been and the fundamental speed of innovation. Take, impacted to any significant extent by for instance, chemical synthesis, an area with nanotechnology— yet. significant environmental im- As the preceding section shows, an indus- pacts. In the 1930s the largest trial revolution depends not just on the emer- chemical company in the world, gence of something new, but on the convergence A.G. Farber in Germany, could An opportunity not of multiple innovations from multiple sectors synthesize around 300–400 new only to minimize and disciplines combined with new organiza- chemicals per year. By the 1970s, tional forms and management techniques. It a small group of chemists could harm, but perhaps wasn’t just the steam engine that produced the achieve that rate and now, using first industrial revolution, but the contempo- combinatorial chemistry tech- to find ways that raneous invention of the railroad, mass pro- niques that combine informatics duction, chemical engineering, telegraphy, etc. and robotics, 50,000 new sub- industry can Those who declare that nanotechnology her- stances can be produced in a radically overhaul alds a new industrial revolution are writing couple of weeks. We have moved headlines, not making good social analysis. into what Charles Fine at MIT technologies, for However, looking at the present landscape calls a high “clockspeed” world, through the same lens that history provides dominated by rapid improve- environmental does show several technologies converging in ments in products, processes, and the same way. We have entered a new indus- organizations, all moving at rates benefit trial revolution, but not one based solely or even that exceed the ability of our tra- primarily on nanotechnology. The new indus- ditional governing institutions to trial revolution began with information tech- adapt or shape outcomes. If you think that any nology, which is now converging with biotech- existing regulatory framework can keep pace nology, and eventually will meld with with this rate of change, think again. nanotechnology. It is already upon us, and is Software rules. The first industrial revolu- accelerating. Nanotechology is destined to tion was about hardware, the physical. It was make it accelerate it even more. the production, use, and disposal of this hard- The environmental community now faces a ware that created the great environmental chal-

lenges of the past century. The new industrial many meters tall and weigh several tons. New revolution has created a world where hardware units, based on powder metallurgy technology, (atoms) and software (bits) co-exist — where are faster, more powerful, and the size of large the code determines the hardware. Today, a filing cabinets. How about putting production small design shop in Omaha can produce the on wheels or in cargo holds? Advances in ro- production code for a semiconductor chip and botics and computer-aided manufacturing send that code via satellite to a fabrication plant now allow self-contained, turnkey manufac- in Taiwan or Borneo. Companies are freed to turing units for a variety of products, ranging focus their resources on parts of their enterprise from tires to bagels, to be packaged into 20 or where value creation is highest — innovation, 40-foot containers for shipment and use any- product development, and mar- where in the world. keting — and outsource the parts Office production? Why not? Three-dimen- of their enterprise that manipu- sional printers, once expensive devices used late the atoms — the manufactur- for rapid prototyping, can now be rented for Environmental ing. This is becoming increasingly under a $700 a month (Hewlett Packard is de- possible because of robust inter- veloping a unit which will sell for about $1,000). regulations were faces that allow software to cre- Suddenly, we will have the ability to produce ate hardware (and do this almost “things” (not documents) in an office or work- built on the anywhere in the world) and the shop using a wide variety of input materials, assumption that increasing availability of high- ranging from chemical polymers to metal pow- quality manufacturing capabili- ders and cornstarch. But who recycles the industrial facilities ties in low-wage markets “things” or determines the input materials? throughout the globe. When soft- Such devices are not just gadgets for the idle and associated ware rules, environmental con- classes wanting to “fax” a toy to their grandkids pollution would siderations will have to become (though that will be possible). Researchers at embedded into the production the MIT Media Lab have developed sophisti- stay put code itself and travel with it, and cated, tabletop production facilities known as that means that EPA and other en- FabLabs, which they have delivered (along vironmental organizations will with grad student trainers) to people around have to “go virtual,” operating a the world who would never have access to world of simulation, production precision manufacturing. People in India, for interface systems, bio-computation, etc. example, have used these tabletop factories to The other change with potentially large en- produce devices to tune the diesel engines that vironmental implications will be the increas- provide power and water in many villages. ing tendency to extract more and more eco- But it is not just the production of bulk items nomic value from the bits, not the atoms, which that will be possible with ever-smaller, adap- makes hardware less relevant. Profits will be tive systems. Chemical production modules extracted from selling information and connec- called microreactors are now available in pack- tivity and not from selling things. Already, com- ages ranging in size from a postage stamp to a panies are giving away cell phones or selling hockey puck. These devices open up the pos- computer and peripherals under cost. Hard- sibility of shipping reactors and producing, on- ware will become increasingly linked to rapid site, the exact amount of the substance required. software development cycles providing us with This will change the industrial ecology of a constant flow of soon-to-be-obsolete prod- chemical production, shifting the routing of ucts. precursor chemicals and locations of final pro- Fabrication goes mobile. As we separate bits duction. Analogous to a computer, a hundred from atoms, our ability to manipulate those or even thousands of microreactors connected atoms with ever-smaller devices is also dra- in massively parallel arrangements would al- matically improving. Maybe someday, as the low production to be scaled up and matched nano prophets predict, we will be able to as- quite precisely with demand (existing units op- semble things atom-by-atom, but long before erating in parallel are already producing 30 tons that manufacturing will move out of big, easy- of pigment annually). Uses could range from to-regulate factories and into the world around chemical synthesis to drug discovery or hydro- us just as computation moved from main- gen production for fuel cells. A number of re- frames onto our desktops and into our pock- searchers are also developing microreactors for ets. biotechnology applications (an area with sig- Take the workhorse of the industrial revo- nificant implications for bioterrorism). lution, the hydraulic press. It used to stand So long before we go from large-scale, or

so-called “bulk,” manufacturing to some fu- and polystyrene, and PLA is carbon neutral turistic nanoassembler, we will pass through and compostable. Enzymes and whole cell sys- small- and microscale production. The reason tems engineered from bacteria, yeasts, and this transition is important to understand is that plants are now being used in metal processing many of our environmental regulations were for leaching and refining, in drug development, built on the assumption that industrial produc- textile treatment, and paper production (all pro- tion and associated pollution would stay put. cesses with large environmental and energy EPA has worked for years on the development burdens). of facility ID codes to help link data on manu- Finally, we may witness tectonic shifts in facturers with stationary map coordinates and existing, and well regulated, production pro- emissions data. What happens if we put processes. One large and looming example is the duction on wheels, in cargo holds, or in the production of computer logic, a process with mail? At that point, manufacturing becomes high levels of both chemical and water use. To unteathered and from an environmental stand- maintain existing exponential improvements point, begins to look more like a non-point, in the per-dollar cost of computing (dictated mobile source with the potential to move rap- by Moore’s Law), it is highly likely that semi- idly across geographic and administrative conductor industry will move from traditional boundaries. How we deal with such produc- photolithography techniques to the biological tion systems has yet to be studied by the regu- or chemical production of logic within the next latory community. decade or so. Research is already moving in Production goes biological. Though the this direction. Witness the work at MIT on the environmental press largely overlooked it, the use of viruses to grow wires for the world’s biggest environmental story of the past ten tiniest transistors or the recent development in years was the sequencing of the genome — the Israel of a nanoscale transistor that assembles underlayment of the biotechnology revolution. itself using DNA proteins. Such shifts would But in addition to allowing us to alter basic have far-reaching environmental implications, qualities of organisms, essentially we have be- changing the inputs, emissions, and lifecycle gun to unravel and understand the ultimate management strategies of a variety of products. self-replicating production code, DNA, a code Despite the game-changing nature of bio- that operates at a nanoscale level. As this un- logical production, which includes a possibil- derstanding grows, so does our ability to use ity to phase down the petroleum economy, it biology for manufacturing. This industrializa- has received far too little attention tion of biology could radically shift the entire in the environmental community, lifecycle of production, impacting everything which has focused largely on its from feedstocks to emissions to end-of-life negative aspects (genetically The strategies for products. modified crops and foods) rather industrialization of Nexia Biotechnologies in Quebec breeds than its pollution prevention po- goats with spider genes that allow the animals tential. Once we start thinking in biology could to produce milk containing the spider silk pro- biological terms, it is a short step tein. The extracted spider silk is, in turn, used to the next major transition worth radically shift the to produce a material called BioSteel, which has the attention of the environmen- a tensile strength that is greater than steel and tal policy mavens. entire lifecycle of 25 percent lighter than petroleum-based poly- Design becomes evolutionary. production, from mers. In the future, we can anticipate an in- If we can assemble using biology crease in transgenic production capabilities, why not use biology or biologi- feedstocks to which could place manufacturing in areas nor- cal principles to design? Design, mally associated with livestock breeding. after all, is the beginning of the emissions to end-of- Transgenic modification is also not without environmental lifecycle. Before risks, a point made in a recent report of the Pew there are any environmental life strategies Initiative on Food and Biotechnology. problems, there is a design for a A deeper understanding of genetics and factory, a product, a chemical — molecular biology also provides us with a a design that is more or less environmentally unique opportunity to replace catalytic chem- benign. The problem with using evolution to istry based on nonrenewable feedstocks (such design things is that it is normally too haphaz- as petroleum) with enzyme-based chemistry ard and time consuming. Look how many mil- built on renewable inputs. Polylactic acid (PLA) lions of years it took to design us humans. made from cornstarch is already replacing pe- But what if we can speed up evolution — troleum-based plastics such as PET, polyesters, all that messy, random sorting of traits nor-

mally done through trial-and-error and selec- If these trends hold, we are being fast for- tive pressure? Well, that is exactly what is hap- warded into a new industrial infrastructure that pening. In the late 1960s, Sol Spiegelman at the is flexible, highly adaptive, increasingly based University of Illinois succeeded in selectively on biology, and driven more and more by evo- breeding particular RNA molecules to increase lutionary principles. To paraphrase Peter their replication rate by 15 times. By 1992 Sci- Drucker, all these developments are visible entific American featured its first story on what right outside our window. Waiting for was termed “directed molecular evolution” or nanotechnology to change this picture is a dan- what we might call Darwin on steriods. Mean- gerous procrastination, because the picture is while, computer scientists have already changing in ways that demand our been conducting similar experi- attention. The types of actions the environmen- ments to create computational tal community needs to take now will prepare The speed and ecosystems that breed problem- it to deal with the already-started industrial solving programs in survival of revolution and any that follow, nano-based or complexity of the fittest competitions. The goal not. Here are some of the immediate challenges is to build desktop innovation and some no-lose strategies: science and machines that will compete with First, the pervasiveness, speed, and com- humans. Such devices have al- plexity of the emerging science and associated technology are ready duplicated the invention of technologies are exceeding the capacity of the exceeding the more than a dozen seminal pat- environmental community to respond. Orga- ents in the field of electronics. Re- nizations are already being simultaneously capacity of the cently, researchers at Brandeis pulled in multiple directions by disruptive University have succeeded in se- changes in biology and computer science. environmental lectively “breeding” simple ma- Given the enormous public- and private-sec- community to chines in a virtual environment; tor investments in nanotechnology we can ex- machines which then “produce” pect extremely rapid innovation and unantici- respond themselves using the three-di- pated spillover effects, which will add to, and mensional printing techniques interact with, effects from the info and biotech mentioned earlier. So already, in realms. Especially hard hit will be the NGOs, the fields of biology, computing, who are otherwise occupied fighting unend- and manufacturing, evolutionary processes are ing battles to stop regulatory rollbacks and being applied to real world problems. other stealth maneuvers by the barons of the last industrial revolution. Many local, state, and federal environmental organizations will not ow comes the interesting part. fare much better, as they will have to compete If we use directed evolution to with the private sector for people with the skill design products, molecules, sets to operate in these new areas or in the in- or machines, how will we terstitial spaces between them (such as in know if they will emerge with biocomputation). In his 1986 science fiction Nthe right environmental characteristics? In novel Count Zero, William Gibson lays out a some cases we will not. That is the nature of future where the battles are not between na- emergence. Many people involved in such ex- tions fighting for land, money, or resources, but periments admit that they do not fully under- between organizations vying for talent and cre- stand how an “evolved” molecule or computer ativity. The public sector needs to enter that program works. Essentially, understanding has battleground or become irrelevant. The envi- been sacrificed for variety and speed. For legal ronmental workforce in government has aged scholars this raises an interesting question of over the past thirty years and needs to be evalu- who is responsible when environmental char- ated and restructured to make sure that agen- acteristics are essentially side effects of evolu- cies have the human, not just financial, re- tionary design processes. On the other hand, sources to deal effectively with new challenges one could apply directed evolution to solving both in, and across, these emerging and con- environmental problems — to the design of verging disciplines. safer chemicals, pesticides, consumer products, Second, the front line of environmental pro- etc. Obviously, these scenarios sound far-reach- tection will shift from the legal department to ing, yet they are as possible as any scenarios the science and technology functions. If we are being laid out by the purveyors of at a critical juncture in our industrial evolution, nanotechnology and they are built on the last then there is only one viable strategy in this big things, the info and biotech revolutions. situation, to proactively shape the future, a

function that our existing regulatory infrastruc- the universe.” Such an office or department ture is not well suited for. This does not por- should become a magnet for the most creative tend the end of environmental law. However, talent in the world. part of the legal profession must position itself Finally, in an era of pervasive scientific at the front of the technological curve. There is change, we need pervasive scientific literacy, an urgent need to carefully examine the exist- and that includes our public, our press, and ing regulatory framework in terms of adequacy our policymakers. We can expect the complex- to deal with emerging science and technology. ity of the science underpinning both environ- This will require a deep, not superficial, analy- mental problems and solutions to continue to sis across the regulatory landscape within agen- increase, demanding evermore sophisticated cies, across agencies, and across geographic understanding transcending multiple disci- boundaries (local, state, federal, and interna- plines. Over a decade of survey research done tional). The task will be made more difficult by Roper for the National Environmental Edu- because innovation will be occurring between, cation and Training Foundation has shown that rather than in, the disciplines and sectors where as complexity of environmental issues in- traditional laws and regulations have been creases, public understanding drops off precipi- developed and tested. Regulatory gaps need tously. A scientifically illiterate public will be to be identified and the transparency of the extremely susceptible to various scare cam- regulatory system constantly improved, espe- paigns in the press, films, or other media. cially for small businesses driving innovation. Nanotechnology has become the poster child The Converging Technologies Bar Association for technohype as it creeps into the public con- was recently launched to address some of these sciousness through advertisements, TV shows, challenges, but more effort will be needed. books, and films. In this environment, it will Third, agencies such as EPA, and its equiva- be harder for the public to separate science from lents around the globe, will need to retool their science fiction. How can we possibly have a research strategies. Too much funding is still rational and informed discussion around issues being spent dealing with the last industrial such as genetic modification or nanotechnology revolution, its aftermath and byproducts, and or try to inform policy through multi-stake- not enough on preparatory and anticipatory holder dialogues involving the public? research. Given the level of scientific and tech- Our ability to prepare society for the next nological innovation taking place at this point industrial revolution is closely related to our in time, funding at EPA for so-called “explor- ability to perceive and anticipate atory” research is unacceptably low (0.8 per- change and understand its impli- cent or less of the total R&D budget). Funding cations for present actions and should include a robust programs focused on policies. Frankly, far too few re- societal and ethical implications in areas such sources in the environmental The front line of as toxicogenomics. community are dedicated to un- environmental There is also an urgent need to develop po- derstanding the changing context tential breakthrough technologies with R&D in which policies and strategies protection will funding targeted directly at producing disrup- will be developed and imple- tive change (not a 3-percent improvement in mented. Some future historian shift from the legal efficiency or reduction in cost, but factor 3 or may well characterize this point more). This is the way the Defense Advanced in our environmental history as department to the Research Projects Agency has traditionally one of tragedy, not only because science and functioned within the Department of Defense. of the unenlightened attacks on That’s the agency that gave us the Internet. our environmental laws, but also technology Now is the time to create a DARPA-style office because we missed an opportu- within EPA (and EPA equivalents) to tackle the nity to reshape our industrial in- functions really hard problems with unorthodox ap- frastructure in ways that would proaches. How much money should such an make it far more environmentally office receive? Between 1995 and 2003, benign and sustainable. In a re- DARPA’s funding averaged 5.3 percent of to- cent interview, former Sun Microsystem’s Chief tal DOD R&D. A 5-percent figure applied to Scientist Bill Joy noted that “we need to encour- EPA’s existing R&D budget would result in age the future we want, rather than try to pre- over $30 million devoted to the search for vent the future we fear.” Too many times, en- game-changing technologies. The driving ethos vironmental protection has been focused on of such a project should be, as Apple computer fears rather than aspirations. We need to break founder Steve Jobs once said, to “put a dent in that habit, and the opportunity is now. •

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