Towards New Policies for Chemicals

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Towards New Policies for Chemicals

• Ken Geiser, PhD
• Lowell Center for Sustainable Production
• University of Massachusetts Lowell
• October, 2007

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Problems with Current National Chemicals Policies

• Lack of information on chemicals in commerce
• Unequal treatment of new/existing chemicals
• Slow, inefficient chemical by chemical risk
  assessment/management processes
• Increasing public concern about chemicals
• Lack of public confidence in government and
  industry
• Lack of incentives to stimulate development of
  safer substitutes
• Lack of integrated, modernized, and
  forward-looking approach to chemicals management.
  

3
New Market Drivers

• Increasing public interest in chemicals in
  products (food, cosmetics, electronics, etc.)
• Large retailers/manufacturers placing
• demands on suppliers
• Manufacturers such as HM, Nike,
• Interface, Herman Miller
• Retailers and service providers such
• as WalMart, Kaiser Permanente
• Government and institutional purchasing growing
  more environmentally conscious.

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So we Need a New Framing of the Problem

• Way problem is framed helps to define the types
  of solutions one seeks
• Framing as an opportunity provides new ways to
  look at problems and solutions
• A broader, more inclusive framing can help lead
  to deeper, longer-lasting solutions
• A new frame is emerging
• Environment and health concerns are shifting from
  compliance issues to core business values

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Stages in Chemicals Management History

• Stage 1 Disposal and Dilution
• Stage 2 Waste Treatment and Pollution
  Control
• Stage 3 Toxics Policy
• chemical by chemical regulation (US TSCA, EU
  Dangerous Chemicals)
• We are now entering
• Stage 4 Chemicals Policy
• chemical systems, product design
• What lies ahead
• Stage 5 Sustainable Chemical Industry

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Stage 3 Toxics Policy

• Chemical by chemical policies
• International Agreements
• 1989 Montreal Protocol on Ozone Depleting
  Substances
• 1990s Regional Mercury Agreements
• National Toxics Laws
• 1970-1978 Japan Chemical Substances Control Law,
• US TSCA, EU Dangerous Chemicals Directive
• U.S State Initiatives (out of 50 states)
• 23 state laws on mercury in products
• 13 state laws on brominated flame retardants
• 9 state laws on toxics use reduction

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Massachusetts Toxics Use Reduction (TURA)

• 1989Massachusetts was the first state to enact a
  Toxics Use Reduction Law
• Goals of the Massachusetts Law
• Achieve 50 reduction in byproduct (waste) by
  1998
• Establish toxics use reduction as the preferred
  means of compliance
• Promote the competitive advantage of
  Massachusetts Industry
• Reduce the production and use of toxic chemicals
• The program has focused on some 190 chemicals and
  involved over 1000 firms

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Techniques of Toxics Use Reduction (TUR)

• DIRECT
• Chemical Input Substitution
• Product Redesign
• INDIRECT
• Process Modification
• Operations and Maintenance Improvements
• In-Process Recycling

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Examples of Toxics Use Reduction

• Solvent substitution in washing and degreasing
• Cyanide replacement in electroplating baths
• Hydrocarbon-based inks replaced with water-based
  inks
• Dry-process coatings replacing wet-process
  coatings
• Installing energy- and water-conserving pumps and
  motors
• Installing automated pressure and temperature
  controls to reduce leaks and spills

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Industry Responsibilities under TURA

• Any firm manufacturing, processing or using any
  of 1200 toxic chemicals over a given threshold
  must
• report annually to the State on the amount of use
  and waste generated
• prepare and biannually update a plan to reduce or
  eliminate the chemicals
• pay an annual fee

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Annual TUR Reporting

• Annual reports by about 650 facilities
• Each facility reports on
• - total toxic chemical use
• - total toxic byproduct (waste) generated
• - total toxic chemicals generated in or as
• products
• - economic activity index
• Data is installed on the Internet at
• www.turi.org/turadata

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Bi-Annual TUR Facility Planning

• First plans due in 1994
• Plans updated every two years
• Plans are kept on-site, but must be available for
  state inspection
• All plans must be certified by a licensed TUR
  Planner
• Plan Summaries are released to the public every
  other year

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Results of the TURA Program

• Significant reduction in toxic chemical use,
  waste and emissions
• Firms improved efficiencies and saved money

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Trends in Toxic Chemical Use, 1990 -2005
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Trends in Toxic Byproduct (Wastes), 1990-2005
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Trends in Toxic Chemicals Shipped in Products,
1990-2005
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Costs and Benefits of the TURA Program

• Economic benefits exceeded costs
• From 1990 - 1997
• Reported Costs 77 million
• Monetized Benefits 91 million
• Benefits do not include
• human health and ecological benefits
• benefits to non-TURA firms
• other non-monetized benefits

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Stage 4 Chemicals Policy

• Generic chemicals policies
• 1992 UNCED Agenda 21 (Chapter 19)
• Environmentally Sound Management of Chemicals
• 1998 Rotterdam Convention (2004)
• Prior Informed consent
• 1998 UNECEs Aarhus Convention (2001)
• 1998 Swedish Environmental Objectives
• Generational Goal for a Non-Toxic Environment

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New European Chemicals Policies

• Denmark Danish Chemicals Policy
• Sweden A Sustainable Chemicals Policy
• Netherlands Strategy on the Management of
  Substances
• Germany Product Chain Chemicals Policy

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New International Policies on Chemicals

• European Unions REACH
• Registration, Evaluation and Authorization of
  Chemicals
• United Nation Environment Programs SAICM
• Strategic Approach to International Chemicals
  Management
• Paragraph23 of WSSD Plan creates broad
  International framework
• IOMCs Globally Harmonized System of
  Classification and Labeling of Hazardous
  Chemicals

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Core Elements of Chemicals Policy

• 1. Comprehensive and inclusive
• 2. Classify chemicals into categories for
  specialized response
• 3. Hazard rather than exposure (risk)-based
• 4. Intended to generate and open access to
  health and environmental information
• 5. Designed to transition chemical use from
  high-hazard to lower-hazard substances
• 6. Intended to promote research, innovation and
  green chemistry

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Canadian DSL Chemicals Screening

• Domestic Substances List (DSL) of existing
  chemicals published in 1994
• Contains 23,000 substances
• Enactment of the Canadian Environmental
  Protection Act (CEPA) in 1999 required that all
  DSL chemicals be screened and categorized
• The screening was jointly conducted by Health
  Canada and Environment Canada
• The screening and categorization project was
  completed in September, 2006

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OECD/US HPV Program

• 1996US EPA study finds of 2600 High Production
  Volume (HPV) Chemicals, 43 are lacking basic
  health and Safety data and 7 have no data
• US (with OECD) begins HPV Challenge Program
• 2005industry submits basic health and safety
  information on 2300 HPV chemicals
• 2006EPA opens HPV Information System Website
• 2007US, Canada and Mexico announce new Chemical
  Cooperation program

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New Chemicals Policy Initiatives in the United
States

• Little comprehensive initiative at the federal
  level
• State discussions on chemicals policies
• Washington Persistent Bioaccumulative Toxin
  Program
• CaliforniaGreen Chemistry Initiative
• MichiganGreen Chemistry Program
• MassachusettsSafer Alternatives bill
• MaineChemicals Policy Initiative
• Local Precautionary Principle initiatives San
  Francisco, Seattle, Boston

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Green Chemistry and Sustainable Chemistry

• 1996 ACS Green Chemistry and Engineering
  Conference
• IUPAC-- Int. Conference on Green Chemistry
• 1998 OECD Workshop on Sustainable Chemistry
• Today ACS Green Chemistry Institute/U.K. Green
  Chemistry Network/Japanese Chemical Innovation
  Institute
• University Green Chemistry Curricula
• 36 colleges offer green chemistry classes
• U. of Massachusetts Green Chemistry Ph.D.
• Green Chemistry Programs in 23 Countries

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Strategies and Plansfor Sustainable Chemicals
Policy

• European Platform for Sustainable Chemistry
  (SusChem)Vision for 2025 and Beyond
• UK Chemistry Leadership CouncilVision for
  Sustainable Production and Use of Chemicals
• Crystal FaradayGreen Chemical Technology, 2004
  Roadmap

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Stage 5 A Sustainable Chemicals Industry?

• The chemical industry
• is a 2,5 trillion industry
• is a complex and global system
• generates some 100,000 to 600,000 chemicals
  (inadvertently generates 1000s more)
• consumes vast amounts of energy
• drives massive chemical dissipation throughout
  the globe
• exposes all life forms to unknowable hazards
• is unsustainable
• Ultimately we are need to transform the chemical
  industry

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U.S. National Research Councils Sustainable
Chemical Industry

• National Research Council Committee on Grand
  Challenges for Sustainability in the Chemical
  Industry
• Workshop held in Washington, February, 2005
• EPA, NIST, DOE, FDA, ACS, ACC, AIChE, etc.
• 2006 Sustainability in the Chemical Industry
  Grand Challenges and Research Needs

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NRC Report Recommendations

• 8 Grand Challenges
• Promote green and sustainable chemistry and
  engineering
• Advance understanding of life cyle impacts of
  chemicals
• Close gaps in knowledge of health and
  environmental effects of chemicals
• Develop and promote renewable chemical feedstocks
• Convert to renewable fuels
• Reduce energy intensity of chemical processing
• Develop technologies and strategies to reduce to
  a minimum greenhouse gases
• Promote sustainability education for chemists and
  the public

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Painting a picture of an industry that we really
want

• We want an industry that
• Produces healthy and sustainable substances
• in a green and friendly manner
• Remains responsible for substances throughout the
  life cycle
• Provides fair compensation and dignity for
  workers
• Is considerate of facility neighbors
• Is open, transparent and socially responsible
• Etc.
• Etc.

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Truly sustainable economies requires new
frameworks for managing chemicals.We need
bold, comprehensive new policies for all
chemicalsWe need new Chemicals Policies.
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Thank you

• For more informationhttp//turi.orghttp//sust
  ainableproduction.orghttp//chemicalspolicy.org
• http//sustainablehospitals.org