"Nano-Robots"

Planning and Development Department
Toxics Management Division

August 2007
Manufactured Nanoscale Materials Health & Safety Disclosure
The City of Berkeley recently adopted a manufactured nanoscale material disclosure ordinance that
has been incorporated into the hazardous materials business plan HMBP requirements (Title 15,
Berkeley Municipal Code and by reference, Chapter 6.95 Division 20 of California Health & Safety
Code). Facilities that produce or handle manufactured nanoscale materials (defined as
manufactured chemicals that are engineered and which have one dimension less than 100
nanometers) are required to submit a report (incorporating the items listed on pages 2 and 3) to the
Toxics Management Division (TMD) by June 1, of each year.
We have received much input from industry, legal firms, consultants, members of the public and
regulators during the drafting of this reporting requirement. Our goal was to allow flexibility in
reporting yet still require the facility to address the potential risks to its workers and the environment.
It is our hope that the reporting requirements will change with time as we gather additional knowledge
about safe handling of manufactured nanomaterials.
In an effort to contain costs of reporting, we adopted a system of prioritizing risk activities into control
bands as listed in the guidance below. This requires a review of the available toxicological
information for materials handled or you intend to handle and an exposure pathway study. An internal
audit should be conducted to evaluate exposure potentials of your nanoscale materials throughout its
lifecycle; from the point of generation or receipt to disposal. If an exposure potential is determined to
exist, you must review the published data on the toxicity of the nanoscale materials in question. We
recommend you use health professionals for this task. Based on the band of risk you identify in this
evaluation, you should take appropriate measures to protect workers and the environment. If an
exposure potential is present but insufficient toxicological information is available, a precautionary
approach should be taken which assumes that the material is toxic.
Facilities that cannot predict their inventory for the reporting period should submit this report based
on your best knowledge of the inventory for the year. You should use a risk-based approach and
document your findings in the same manner as reported materials. However, you are not required to
submit updated information unless specifically requested.
Please not that there is important information at the end of these instructions that you should read.

A. General Information
1. By June 1 of each year, provide a cover letter signed by senior member of the staff indicating
the information in the report is accurate and precautions therein will be adhered to.
2. Fill out the company information (California OES Form 2730) unless you have already
submitted this form in your Hazardous Materials Business Plan (HMBP).
3. Provide the common name of the nanoscale material or class of materials.
4. Where available, provide the Chemical Abstract Service (CAS) number. For mixtures, enter
the CAS number of the individual chemicals. If there is no CAS number assigned to this
material please indicate.
5. Provide the average and the maximum daily amount of the material stored onsite at any on
time during the year. Specify the units used (use metric units where possible).
6. Provide the physicochemical properties of the nanoscale material material. Include available
information about the following: chemical form (e.g., solid, liquid), purity, particle dimensions,
prediction of surface area with approximate mass, shape, aggregation potential, water
solubility, flammability, flash point, and reactivity.
7. Provide the source of the material if it is not produced on site. Please provide the address and
contact information for the site from which the material was obtained
8. Indicate the type of substrate used if any and any relevant toxicological information that may
be important about the substrate.
9. Indicate the use within the site, intended downstream use, and information about the benefits
of the applications.
B. Toxicology
10. Provide toxicological information about the nanoscale material. If available, include
information regarding inhalation toxicity, dermal penetration and/or toxicity, and oral toxicity,
mutagenicity/genotoxicity, and reproductive toxicity.
11. Provide ecological information about the nanoscale material, which may include: effects on
organisms, degredation/biopersistance, and bioaccumulation potential.
C. Occupational and Environmental Protection
12. Provide safe handling information for the nanoscale material
13. Provide information about the potential exposure pathways and likelihood of exposure via
these pathways.
14. Provide a list of personal protective equipment (PPE) used in production and handling of the
nanoscale equipment
15. Provide descriptions of engineering and administrative controls, such as local exhaust
ventilation or job rotation, that are used to reduce employee exposures.
16. Provide a training plan for employees who may come into contact with nanoscale material.
Include safe handling procedures, release prevention, release mitigation and disposal
methods
17. Provide the clean up methods and procedures for accidental spills or releases
18. Provide the container type that the nanoscale material is stored in. Please indicate if the
material is stored in more than one type of container.
19. Provide a site map indicating safety equipment, spill mitigation equipment, engineering control
equipment, storage areas, and process areas.


D. Control Band Measures
Review the data gathered and identify the chemicals by one of the Bands below. The list of Bands is
not exhaustive and you should use best judgment for your reporting.
List the control measures adopted or proposed to be adopted that are commensurate with the Band
Level you have identified for the nanoscale materials. If you intend to adopt control levels in the
future, please indicate the timeline for adopting such control measures. Examples of control banding:
Band 1: Low potential toxicity and no exposure pathway. Little or no control measures.
Band 2: Moderate potential toxicity and exposure pathways. Moderate levels of control
measures
Band 3: High potential for toxicity and possible exposure pathways. High levels of control
measures.
Band 4: Unknown toxicity and possible exposure pathways. High levels of controls
measures.
IMPORTANT NOTES:
· Where information is not available, please indicate this in the disclosure.
· For the purpose of efficiency you may refer to multiple manufactured nanoscale material as a
single category in your submittal if they show similar behavior.
· Trade Secret: Please print “TRADE SECRET” on the top right of each page of the disclosure,
which is subject to trade secret clause per California Health and Safety Code Section 25538.
Trade secret status does not preclude you from submitting required information.
· If you have an internal procedure that addresses all the analyses indicated above, you can
make a request to TMD to submit your report using your individual process.

http://www.ci.berkeley.ca.us/Planning_and_Development/Toxics_Management/Downloads.aspx