Chemicals Policy – A View from the United States

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

Joel Tickner, ScD, Ken Geiser, PhD

Lowell Center for Sustainable Production

University of Massachusetts Lowell

www.chemicalspolicy.org

SUMMARYSUMMARY

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.

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.

Europe and the US – Similar ProblemsEurope 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.

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.

Context of chemicals policy discussions in the USContext 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 Children’s Environmental Health

Great Lakes – International Joint Commission and Great Lakes Water Quality Agreement

Waste Management Right-to-Know Pollution Prevention Chemical accident prevention Children’s Environmental Health

Toxic Substances Control Act – the centerpiece of US toxics policyToxic 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

“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

Existing chemicals under TSCAExisting 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

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

New Chemicals Under TSCANew 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.

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.

Right to Know - An Important Driver for Prevention and innovationRight 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

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

Promoting Chemicals Policy through Pollution PreventionPromoting 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

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

Pollution Prevention at the State LevelPollution 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

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

Lessons Learned – Information NeedsLessons Learned – Information Needs Need for good process/facility level materials

accounting information• Materials not efficiently managed (what you can’t

measure you can’t 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

Need for good process/facility level materials accounting information• Materials not efficiently managed (what you can’t

measure you can’t 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

Lessons Learned – Planning NeedsLessons 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

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

Lessons Learned - InnovationLessons 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

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

Lessons Learned – rapid screening and assessment toolsLessons 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

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

Recommendations for a more holistic, integrated chemicals policyRecommendations 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.

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.