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OECD Publishes New, Corrected TGs for Nanomaterials and Workshop Report on How to Prepare TGs for Emerging Technologies

By Lynn L. Bergeson & Carla N. Hutton on July 11, 2023
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The Organization for Economic Cooperation and Development (OECD) announced on July 4, 2023, that it published a number of new, updated, and corrected Test Guidelines (TG), including the following for nanomaterials:

  • TG No. 126: Determination of the Hydrophobicity Index of Nanomaterials through an Affinity Measurement: This new TG describes a method to determine the hydrophobicity index (Hy) of nanomaterials, through an affinity measurement. OECD states that hydrophobicity is defined as “the association of non-polar groups or molecules in an aqueous environment which arises from the tendency of water to exclude non-polar molecules.” According to OECD, by measuring their binding rate to different engineered surfaces (collectors), Hy expresses the tendency of the nanomaterials to favor the binding to a non-polar (hydrophobic) surface because of its low affinity for water. OECD notes that the method applies to nanomaterials dispersed in an aqueous solution or to nanomaterial powders after their dispersions in aqueous solutions, with or without a surfactant, using a recommended protocol.
  • TG No. 125: Nanomaterial Particle Size and Size Distribution of Nanomaterials: The corrected TG, covering nanomaterials spanning from one nanometer (nm) to 1,000 nm, is intended for particle size and particle size distribution measurements of nanomaterials.

On July 4, 2023, OECD also released a corrected version of its Report on the WNT Workshop how to prepare the Test Guidelines Programme for emerging technologies. The Working Party of the National Coordinators of the TG Program (WNT) held a workshop in December 2022 on how to prepare for emerging science and technologies. During WNT’s annual meeting in April 2022, it agreed to a proposal for the workshop and preparatory steps. The workshop was attended by 56 participants from 22 delegations and chaired by Michael Oelgeschlaeger (Germany). The OECD report summarizes the rationale for organizing the event and the preparatory steps taken in the preceding months, the workshop development, and the outcome of discussions in breakout group and plenary sessions, as well as the workshop conclusions and next steps.

Photo of Lynn L. Bergeson Lynn L. Bergeson

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization…

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C’s scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: “The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. ‘She is probably the premier pesticide lawyer in DC,’ notes one impressed commentator. Peers predict that she is set to become ‘one of the most important lawyers in America.'”

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Photo of Carla N. Hutton Carla N. Hutton

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as…

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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  • Posted in:
    Environmental and Climate
  • Blog:
    Nano and Other Emerging Chemical Technologies Blog
  • Organization:
    Bergeson & Campbell, PC

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