Chemicals Policy – A View from the United States

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 • Children’s 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 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

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.