Chemicals Policy

1
Chemicals Policy A View from the United States

• Joel Tickner, ScD, Ken Geiser, PhD
• Lowell Center for Sustainable Production
• University of Massachusetts Lowell
• www.chemicalspolicy.org

2
SUMMARY

• There are some important, positive lessons from
  the US system and experiences that could inform
  REACH and other initiatives
• REACH is not enough alone to stimulate innovation
  in sustainable chemistry
• Incorporating these experiences into the REACH
  proposal would greatly increase its efficacy.
• The US federal level of public discussion on
  chemicals reform is somewhat behind that in
  Europe.
• REACH will provide an important driver to
  chemicals testing and management in the US.

3
Europe and the US Similar Problems

• Lack of information on chemicals in commerce
• Unequal treatment of new/existing chemicals
• Slow chemical by chemical risk assessment
  process, burden on government
• Lack of incentives to stimulate development and
  implementation of safer substitutes
• Increasing evidence of health effects
• Lack of integrated and comprehensive approach to
  chemicals management.

4
Context of chemicals policy discussions in the US

• Great Lakes International Joint Commission and
  Great Lakes Water Quality Agreement
• Waste Management
• Right-to-Know
• Pollution Prevention
• Chemical accident prevention
• Childrens Environmental Health

5
Toxic Substances Control Act the centerpiece of
US toxics policy

• Existing chemicals limited results high
  burdens on the agency
• New chemicals a bright, and understated light
• Data/information requirements for existing
  chemicals/test rules
• EPA use of voluntary initiatives to obtain data
  or manage chemicals

6
Existing chemicals under TSCA

• Ability to restrict chemicals of high concern,
  but high burden will present an unreasonable
  risk
• High Production Volume Challenge
• Basic screening data for 2800 chemicals
• Robust summaries
• Still many orphans
• Inventory update rule

7
New Chemicals Under TSCA

• Pre-Manufacture, not Pre-Market Focus
• Low threshold for action may present an
  unreasonable risk or substantial exposure
• Deterrence from potentially harmful chemicals
• Guidance towards safer chemicals and syntheses
• A precautionary, lifecycle review
• But lack of required testing and only a very
  small percentage of chemical universe.

8
Right to Know - An Important Driver for
Prevention and innovation

• Toxics Release Inventory and chemical storage and
  accident scenario data.
• Chemical use/throughput data
• Demonstrated inefficiencies in chemicals
  management
• Useful information for workers and communities to
  promote prevention
• Links to hazard/risk data ie www.scorecard.org

9
Promoting Chemicals Policy through Pollution
Prevention

• An important, but indirect route
• Sector-based initiatives
• Chemical class/use clusters based initiatives
  (solvents, cleaning agents)
• Voluntary reduction programs
• Outreach and education
• Design for Environment
• Green chemistry

10
Pollution Prevention at the State Level

• Most state programs are voluntary and poorly
  funded
• A few states (Massachusetts, New Jersey, Maine)
  have mandatory planning programs, with materials
  accounting and planning requirements
• Goals for waste reduction
• Education
• Technical assistance and research for prevention
• Tax credits and other incentives

11
Lessons Learned Information Needs

• Need for good process/facility level materials
  accounting information
• Materials not efficiently managed (what you cant
  measure you cant manage)
• Identifies opportunities for greater efficiency
  and supply chain uses and places for substitution
• Provides a more holistic view
• Need good metrics to measure progress
• Need good information on alternatives to problem
  substances
• Market pressures from good information on
  alternatives

12
Lessons Learned Planning Needs

• Particularly important for downstream users as a
  framework to consider means to reduce/eliminate
  problem chemical use through efficiency and
  substitution measures focus on service of
  chemical
• Engages wide range of actors in decision process
• Considers whole process/facility hazards
• Chemical substitution often means process change
• Consideration of product quality/economics
• Consideration of health and safety trade-offs
• Clear planning process and guidance is key

13
Lessons Learned - Innovation

• Innovation requires both willingness AND capacity
• Technical support is critical for industry
  innovation
• Demonstration projects/sites
• Networking of firms
• Research and Development of safer chemicals
• Efficacy testing of chemicals
• Direct Technical assistance to firms
• Recognition of leaders

14
Lessons Learned rapid screening and assessment
tools

• Need for tools to rapidly characterize chemical
  hazards, exposures and risks
• Need effective prioritization schemes
• Tools that identify positive criteria in
  chemicals.
• Need for tools to compare alternative
  chemicals/processes

15
Recommendations for a more holistic, integrated
chemicals policy

• Expand REACH cleaner production, process and
  product design, and green chemistry efforts
• The need for increased information and technical
  support for substitution
• Need for use of multiple policy tools to
  implement chemicals policy reform an integrated
  approach
• Procurement
• Lists of problem chemicals
• Technical support
• IPP
• REACH alone is not enough to achieve sustainable
  chemicals, products, and processes. Must have a
  proactive, forward looking design approach.