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ENVIRONMENTAL SCIENCE FOR THE EUROPEAN REFINING INDUSTRY
Petroleum Productsin the
REACH RegulationKlaas den Haan,
Stewardship Conference, SCL 1 June 2015
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Disclaimers
Considerable efforts have been made to assure the accuracy and reliability of the information contained in this presentation.
However, neither Concawe nor any Company participating in Concawe can accept liability for any loss, damage or injury whatsoever resulting from the use of this information.
The presentation is provided by Concawe and does not necessarily represent the views of any Company participating in Concawe.
Reproduction permitted with due acknowledgements
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What will be presented today
Introduction to CONCAWE
The European Regulatory setting
The Petroleum Product Stewardship delivered by Concawe
Product Stewardship and Supply Chains
CLP activities
REACH Activities
Future developments and Concawe activities
Conclusions
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CONservation of Clean Air and Water in Europe
Established as a European association for research on health, safety, and environmental (HSE) issues of importance to the European oil refining industry in 1963
Founders: Shell, Esso, Mobil Oil, BP, Caltex & Gulf Eastern.
Objectives:
Acquire adequate scientific, economic, technical, and legal information on HSE issues
Improve the understanding on these issues by the industry, authorities, and consumers
Operating principles:
Sound science
Cost-effectiveness of options
Transparency of results
Our research reports are available at www.concawe.org
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42 members, representing ~100% of the European refining capacity
Concawe (EPRA) Membership
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Evolution of CONCAWE’s Research Activities
1963 1973 1983 1993 2003 2013
Air Quality
Water Quality
Safety
Noise
Oil Pipelines
Refining Technology
Health
Fuels & Emissions
Product Classification & Labeling
Product Stewardship
Existing Subst. REACH
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EU 3-Tier Environmental Protection Legislation
1. Directives defining Environmental Quality Standards 1. Ambient Air Quality (2008/50/EC)
2. Water and Ground Water Standards (2000/60/EC, 2006/105/EC, 2013/39/EU)
Include soil & ground water through the daughter Directive (2006/118/EC)
3. The EU thematic Soil Strategy (COM(2006) 231)
2. Emissions1. European Pollutant Release and Transfer Regulation (EC 166/2006)
2. Urban Waste Water Treatment Directive (5/91271/EEC)
3. Industrial Emissions Directive (IED, 2010)
Since 1996 and already amended 3 times, last update IED (2010/75/EU)
Includes Air & Water targets and obligations to reduce & Soil base line requirements
3. Substances allowed on the EU-Market1. Fuel Quality Directive (98/10/EC, 1993/32/EC & 2009/30/EC)
2. REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals, EC 1907/2006)
3. Classification, Labelling & Packaging (EC 1272/2008)
4. Transport of Dangerous Goods (Road, Rail & Inland Water ways (2008/68/EC))
5. Waste Framework Directive (2008/98/EC)
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Soil, Water and Waste Legislative Environment
GroundwaterProtection Directive
ThematicSoil
Strategy
WasteFramework
Directive
REACH Substances
DirectiveEnvironmental
Liability Directive
IED Industrial Emission
Directive
E-PRTRPollutants Release
and Transfer Register
WasteIncineration
Directive
Sewage SludgeApplicationDirective
Chemical analysisand monitoring of
water status Directive
EnvironmentalQuality Standards
Directive
HabitatDirective
BirdsDirective
Council Decision on
Biodiversity
Marine Strategy Framework
Directive
Water Framework
Directive
U-WWTD Urban Waste WaterTreatment Directive
Pollution by substances
Directive(2006/11EC)
Assessment ofFlood Risks
Directive
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Concawe and Product Stewardship
Concawe Product Stewardship activities include all advice Concawe provides to its Members and third parties either for regulatory compliance or voluntary actions to ascertain that Petroleum Substances can be handled safely during their whole life-cycle, including the waste stage. Create the awareness that Petroleum Substances are intrinsically hazardous
and need to be handled accordingly.
This information is available for Members and other REACH registrants enabling compliance with legislation and Company practices regarding providing product information, handling advice and risk management measures to their first line customers. Neither Concawe nor its Members have any legal competence to enforce that
this information propagates further through the supply chain
Enforcement of this is a Competent Authority responsibility
Product Stewardship is not equal to “Extended Producer Responsibility” Product Stewardship passes on this responsibility to everyone involved in the
Supply chain and life-cycle of the product. This includes not only the prime manufacturers, but also importers, retailers, consumers, waste processers and recyclers.
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Refinery
Depots & terminals
Chemical plant Formulation plant XHouseholds
Formulation plant A
Distribution & formulation
Automotive fuels
Shipping fuels
Aviation fuels
Heating fuels
Professional use
Petroleum Substance supply chains in REACH
Petrochemical plant
Paints
Shoe polish Solvents
Detergents
Products
PS
Articles with
transformed PS
Articles
containing PS
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Articles
containing PS
Refinery
Depots & terminals
Households
Distribution & formulation
Automotive fuels
Shipping fuels
Aviation fuels
Heating fuels
REACH PS* supply chains within boundaries for Concawe
PS
P
S
Includes clear PS* uses supported by a Concawe Member throughout
the whole supply chain:
Fuels, intermediates, base oils, extender oils, bitumen, etc.
May include uses and articles that contain PS*, as produced
Candles, DIY Bitumen roofing, Tyres, etc.
Requires that adequate information is provided by the down-
stream supply chain enable compliance with the REACH
assessment requirements (No data, no support!)
Formulator Producer
* PS = Petroleum Substance
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REACH RegistrantProducer 1
Customer 2Producer 2
Customer 1Producer 1
Customer 5 Distributor 2
Customer 9Importer 2
Distributor 4
Customer 8Producer 5
Customer 7Importer 1Producer 4
Customer 6Distributor 3
End user 3Professional
End user 1Consumer
End user 4Consumer
Substance, products & information flow
End user 2Professional
Article 1
ECHA
Business
sector
Product flow
Substance &
information flow
Information flow
Substance flow
Legend
REACHRegistrant Customer 3
Distributor 1Customer 4Producer 3
Simplified hypothetical substance market & supply chains
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CONCAWE and the implementation challenges
CLP
Maintain and update the physical-chemical & effects database and deduce the recommended Classification & Labelling advice per product category
Latest advice is found in CONCAWE report 10/14 (available at www.concawe.org)
REACH
Assisting its members in the registration of petroleum products
Keeping the registration dossiers up-to-date
Maintaining and improving the petroleum product category dossiers and the petroleum products covered by these
Streamlining the dossier content to the demands of the European Chemicals Agency (ECHA)
Extending the physical-chemical, effects (HH & Env.) and product use database
Fine-tuning of the petroleum product risk assessments
Advocating the CONCAWE’s pragmatic approach to REACH
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REACH elements and possible outcomes
* Fuel use of petroleum products is exempt from authorisation
Exposure
Assessment
Risk
Characterisation
Substance
can be used
without
restrictions
Emissions
Substance
authorised* or
restricted for
certain uses
Insufficient data:
testing ?
Substance is
candidate for
phase-out
Properties
Effects
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REACH Implementation Challenges
The refinery sector and the petroleum substances importers needed a consistent and efficient registration approach
REACH was new and the expectations of the Regulators and Industry appeared not to be aligned.
Concawe developed the technical and factual parts of all Petroleum Substance Registration Dossiers between 2008 and 2010
Concawe has used a category approach in line with its CLP activities
Petroleum Substance uses that indicate harm to human health and/or environment are never included, unless the associated risks can be managed (All traffic lights are green).
The advice how to manage these risks is passed on through the Safety Data Sheets (SDSs)
The SDSs are comprehensive documents that require specialist skill to be fully comprehended.
There are concerns on information propagation through the supply chain and whether the appropriate information is communicated.
REACH is a journey that only started with the substance registrations
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REACH implementation challenges 2
Implementing REACH provided a means for expanding the factual database on Petroleum Substances that Concawe maintains on behalf of its Members that is still continuing The product stewardship advice on products hazards (C&L), exposures
and handling is now better backed by the new data obtained
Concawe continues to extend its understanding of the petroleum product portfolio placed on the market, leading to an ongoing rationalisation of the included substances and supported uses
Concawe is challenged by Regulators on petroleum substance and their impacts based upon “beliefs”
Petroleum Substances are not mixtures but UVCBs
The Regulators also have to demonstrate the facts and the associated assessments to be incorrect, using hard evidence
Concawe executes an extensive research programme strengthening its Petroleum Substance database to face these challenges
In 2015, Industry must demonstrate the understanding of their products and support Product Stewardship advice with sound, defendable data
The Concawe database enables this, but can always be improved
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Expanding the knowledge base
Significant work programme under way on key aspects of Petroleum Substances under REACH to:
Improve Substance ID to further enhance the read-across support
Expand Hazard Information (execute testing proposals, once approved)
Complete the PBT assessments
Review the environmental risk assessments to address concerns raised by the Agency
Update the assessment models
Enhance the exposure assessments taking into account downstream user information, if provided
Adapt Classification & Labelling taking into account any new information
Include demonstrated Uses and associated exposures, where possible
Rationalise Petroleum Substances Volumes & Uses of these Remove uses that were demonstrated unrealistic
Advise to de-register Petroleum Substances that are no longer placed on the market
Distinguish between Petroleum Substances and hydrocarbon solvents
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Analysis of Tonnages & Uses
Million tonnes*(registrations)
CMRs Classified (non-CMRs)
Not Classified TOTAL
Manufactured 384 (569) 394 (471) 39.9 (261) 818
Imported 90.2 (225) 95.3 (280) 7.28 (174) 193
Exported 35.8 ( 94) 13.5 ( 72) 1.57 ( 47) 50.9
Intermediate Use 223 (496) 85.4 (327) 10.9 (110) 320
“Marketed” 215 391 34.7 640
Fuel 210 (396) 381 (401) 1.48 ( 81) 593
Industrial 0.791 ( 26) 2.12 (154) 13.0 (281) 15.9
Professional 0.0400 ( 5) 1.94 (140) 18.9 (206) 20.8
Consumer + Articles 0 ( 0) 0.984 ( 80) 0.971 ( 96) 1.96
“Widespread” 0.0400 2.92 19.8 22.8
Sold to Distributors 4.19 ( 6) 4.20 ( 43) 0.381 ( 19) 8.77
Other Uses 0.0900 ( 1) 0.103 ( 1) 0.0362 ( 8) 0.229
“Non-allocated” 4.28 4.30 0.417 9.00
“Marketed” = (Manufactured + Imported) – (Exported + Intermediate Use)
“Widespread” = Non-fuel Professional + Non-fuel Consumer + Non-fuel Articles
“Non-allocated” = Sold to Distributors + Other Uses not declared
Focus
area
* Data as per 30 May 2015
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Further foreseeable developments
Industry requires sufficient time to deliver the aforementioned work for Regulatory Authorities assessment of Petroleum Substances Industry prefers quality input & data to support all REACH deliverables
The original category approach is challenged, as REACH is a substance driven regulation
Strict evaluation of any Petroleum Substance, today may invoke testing demands that are not necessary
Substance of Very High Concern (SVHC) Roadmap timeline would best take these constraints into account in the interest of all parties
To date, Concawe has obtained many new data supporting the assessments originally included in their REACH Registration Dossiers Concawe has positively reacted to the challenges of the Regulators
Based upon the acquired new data, none of the traffic lights has changed
The uncertainties have been reduced, considerably
The working relationship between ECHA and Concawe is demonstrating that we listen to and learn from each other This is only possible when adequate openness and transparency is present and
when each others roles are mutually appreciated
Collaborative activities appear the better route to resolving issues
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Conclusions
Concawe has build up a thorough understanding of the EU-refining sector and Petroleum Substances to:
Provide detailed Product Stewardship advice to its members and other involved third parties
Provide consistent Classification & Labelling Advice compliant with EU legislation and the UN-GHS principles
Assist any registrant of Petroleum Substances to comply with the REACH requirements, today and in the future
REACH appeared to be an opportunity for enhancing the knowledge base on petroleum substances that, to date, has not led to unidentified Product Stewardship issues
It also provided insight on the Regulatory requirements of today
The new data acquired, since REACH came into force, strengthens the product stewardship advice provided in the past
The new data has provided enhanced learning on Petroleum Substances
The new data underpins the past advice provided and the associated risk assessments led to minor Risk Management Measures updates
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Thank you for your attention
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Environmental legislation in the EU
There is ample legislation in the EU and its Member States that isdirected to the protection of the environment and human health andin doing this create the good quality environments required toachieve this.
The purpose of having a good quality environment is to preserve asustainable and diverse ecosystem that can provide the naturalresources and ecosystem services required to maintain and improvetoday’s and tomorrow’s living standards.
The EU refining sector fully acknowledges this.
However, we believe that industry will be best placed to assistdelivering these objectives when:
These take into account the available state-of-the-art science, includingfactual industry data;
These are pursued in an socio-economical viable manner and
Industry proposed alternatives are subject to a sound assessment oftheir socio-economic merits, human health and environmental impacts.
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0
5
10
15
20
25
30
35
40
45
1969 1974 1978 1981 1984 1987 1990 1993 1997 2000 2005 2008 2010 2012 2014 2016 2018 2020 2022
Water Pollution control directive 1976
IPPC-1996IPPC-2008
IED-2010
Reported Oil discharged (kt/a)
Oil discharged per reported throughput (g/t)
Projected Oil discharged (kt/a)
Projected Oil discharged per reported throughput (g/t)
Legislative landmarks
40 years of Refinery discharges data & what’s next?
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
2008 2012 2016 2020
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Refinery
Chemical plant Formulation plant XHouseholds
Formulation plant A
Professional use
Supply chains outside the boundaries for Concawe
Petrochemical plant
Paints
Shoe polish Solvents
Detergents
Products
Articles with
transformed PS
Control the controllable!
Once a PS* is transformed into a different substance, it is no longer
a PS and is therefore not covered by a Concawe dossier:
Even when the transformation is performed by a Concawe MC
e.g. Hydrocarbon solvents, monomers, aromatics, etc.
* PS = Petroleum Substance