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Chemical regulations 2009 where we are now, what’s coming up, and getting through it all successfully

Chemical regulations 2009 where we are now, what’s coming up, and getting through it all successfully. YCF 2 nd Annual Conference “Chain Reaction” Cedar Court, Bradford, 14 th October 2009 Janet Murfin. Regulations are a pain…. They don’t add value They don’t sell product

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Chemical regulations 2009 where we are now, what’s coming up, and getting through it all successfully

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  1. Chemical regulations 2009where we are now, what’s coming up,and getting through it all successfully YCF 2nd Annual Conference “Chain Reaction” Cedar Court, Bradford, 14th October 2009 Janet Murfin

  2. Regulations are a pain….. • They don’t add value • They don’t sell product • They’re just Red Tape • Why do we need to bother? It’s “comply or close” for the major chemical regulations – key influence on whether you’re in business or not YCF Conference Chain RE:Action 14th October 2009

  3. What do the major chemical regulations cover? • EPR – licensing polluting activities • COMAH – hazardous substance storage • COSHH – occupational health/ chemicals • REACH – hazardous substance registration • CHIP – classification, labelling and packaging of chemicals • ADR – transport regulations YCF Conference Chain RE:Action 14th October 2009

  4. We’re in the middle of huge changes in the way chemicals are regulated • 1998 Chemicals Regulatory Atlas (LGC) • 7 key areas – only one (building & planning) unaffected • Some regulations eg IPC have altered twice (IPPC then EPR) • This is fast change in an industry with 20 – 25 year capital cycles YCF Conference Chain RE:Action 14th October 2009

  5. Next major change – CLP/GHS • GHS – Global Harmonised System • UN-driven worldwide classification system • Covers substance classification and transport classification (CHIP and ADR) • Merging three main systems, EU, USA, Canada • CLP – Classification, Labelling & Packaging • EU’s method of implementing GHS • First major political unit to implement • Will eventually replace CHIP and ADR YCF Conference Chain RE:Action 14th October 2009

  6. CLP Regulation • EU Regulation, like REACH • ADR is further ahead with GHS than CHIP • based directly on UN “orange book” • there still will be changes to labelling etc • but not as much change as CHIP • GHS is more complex than CHIP, because of merger of different systems • UN “purple book” is basis • There are more hazard categories • Different thresholds between categories • More hazard labels, 3 new ones YCF Conference Chain RE:Action 14th October 2009

  7. CLP overall effects on CHIP • It’s like a whole new language of risk assessment • Think of it as having to learn a foreign language • And the symbols will change too, some completely, others in minor ways YCF Conference Chain RE:Action 14th October 2009

  8. Current issues - EPR and COMAH • EPR • IPPC Directive to be replaced by Industrial Emissions Directive, emission limits tighter • More Low Impact Criteria added in 2009 • COMAH • Recent increase in recommendations for stability and strength of bunds during fire or tank failure; also fire water removal from bunds is an issue (all since Buncefield) YCF Conference Chain RE:Action 14th October 2009

  9. Current issues – COSHH, REACH • COSHH – risk assessments will be affected by change in hazard categories & thresholds of CLP • REACH –pre-registration better than expected • late pre-registration working well • main effects/ workload are on registrants, • downstream users need to ensure their End Uses are communicated to registrants (first deadline 1st Dec 09) YCF Conference Chain RE:Action 14th October 2009

  10. Current issues – CHIP • Process of replacing CHIP with CLP/GHS started • CHIP3 replaced (April 2009) by CHIP4 • Approved Supply List (harmonised classifications) replaced by Table 3-2 of Part 3 of Annex VI of CLP regulations • new v6 Approved Classification and Labelling guide for CHIP4 from HSE (free download!) • Classifications the same as ASL except sodium hypochlorite >5% free Chlorine becomes R50 YCF Conference Chain RE:Action 14th October 2009

  11. More CHIP issues • Already had first update (ATP) to CLP regs, published 25th Sept 09 • Contains 30th and 31st ATP for Dangerous Substance Directive, held back while CLP enacted (previously would have been brought in via Approved Supply List) • Makes changes to harmonised classifications contained in CLP, but they are only mandatory from 1st December 2010 YCF Conference Chain RE:Action 14th October 2009

  12. Summary: where we are now with major chemical regulations: • EPR, COMAH – have already gone through major changes • CHIP & ADR will be replaced by CLP/GHS, COSHH will be affected by it • REACH has started, mainly affecting registrants (substance manufacturers and importers), but downstream users need to keep up to date • CLP/GHS – we’re just at the start, what’s going to happen? YCF Conference Chain RE:Action 14th October 2009

  13. When will CLP be implemented? • now! published 20th January 2009 • substances to be reclassified for CLP by 1st Dec 2010 • mixtures (formerly preparations) to be reclassified by 1st June 2015 • dual classification of substances from 2010 to 2015 (label CLP, MSDS CLP & CHIP) • CLP Notification to ECHA by 2011 (separate to REACH, wider notification scope) YCF Conference Chain RE:Action 14th October 2009

  14. CLP / REACH implementation • 5 year dual classification period for substances (CLP label, CHIP & CLP MSDS) • First REACH registration coincides with substance CLP YCF Conference Chain RE:Action 14th October 2009

  15. Many things will change – ideas… • new concepts such as target organ, and single or repeat dose, for human health hazard classes • new physico-chemical hazards - self-reactive substances and self-heating substances • new abbreviations, such as STOT – Specific Target Organ Toxicity YCF Conference Chain RE:Action 14th October 2009

  16. Low level health hazard ….how labels may look (a).. Chronic health hazard Compressedgas YCF Conference Chain RE:Action 14th October 2009

  17. …. product labels (b).. • St Andrews Cross (Harmful) removed • descriptive words replaced by “Signal Word” • Toxic becomes Danger • Harmful becomes Warning • Risk Phrases become Hazard Phrases • Safety Phrases now Precautionary Phrases YCF Conference Chain RE:Action 14th October 2009

  18. … and how you classify chemicals… • instead of “preparations”, now “mixtures”. (can contain substances, or other mixtures). • more hazard classes in both health and environment • already mentioned some thresholds have been changed YCF Conference Chain RE:Action 14th October 2009

  19. … but some things will stay the same • the HSE will still be the Competent Authority for the UK, during the dual classification period and beyond into full CLP/GHS • at least we don’t have the uncertainty we went through over whether HSE or EA would be the REACH Competent Authority YCF Conference Chain RE:Action 14th October 2009

  20. Immediate consequences (1) • new labels for product containers and transport (may need software upgrade, or fresh set of labels if printed for you) • new MSDSs (software upgrade required) • awareness training for all staff handling hazardous materials and MSDSs • training for DGSA, transport managers YCF Conference Chain RE:Action 14th October 2009

  21. Immediate consequences (2) • detailed training for all staff classifying substances and writing MSDSs (Product Safety/ Regulatory Affairs managers) • training for all staff involved in COSHH and other risk assessments (HSE managers) • as CLP goes through, update of COSHH system/ risk assessments to include new risk communication language YCF Conference Chain RE:Action 14th October 2009

  22. Spot the difference – CHIP label YCF Conference Chain RE:Action 14th October 2009

  23. Chloroform label - CLP/GHS YCF Conference Chain RE:Action 14th October 2009

  24. But it’s not just a change in labels and (M)SDSs…. Very important – substance classifications may change • There is NOT a 1:1 translation between CHIP and CLP for all substances • CLP is not just adding new labels or changing the risk language – some substances may change category YCF Conference Chain RE:Action 14th October 2009

  25. Poster shows threshold differences- (free download from Merck) YCF Conference Chain RE:Action 14th October 2009

  26. Also very important - CLP and REACH in combination • REACH will cause reclassification of substances due to increased knowledge of hazardous properties • CLP will cause reclassification of some substances due to change in thresholds • A change in one regulation will affect the other • We don’t know how many chemicals are going to be affected by this yet, or how YCF Conference Chain RE:Action 14th October 2009

  27. How CLP and REACH might interact: • Under REACH, Substance X’s Chemical Safety Report (CSR) shows more risks than realised, therefore classified as more hazardous – therefore CLP classification is changed • Under CLP, when translating Substance Y from CHIP4, the classification changes from Harmful to Toxic, therefore REACH registration requirements may change (deadline, testing requirements etc), which in turn may affect whether registrant goes ahead, or which permitted uses are supported YCF Conference Chain RE:Action 14th October 2009

  28. While we’re discussing REACH and CLP… … Bob Warner of Chemwise, and Mark Selby of Denehurst Chemical Safety, both want me to remind the 2010 REACH registrants in the audience that: you HAVE to include the CLP/GHS classification in your REACH Chemical Safety Report (CSR) as well as CHIP4. (After December 2010, the CHIP classification may or may not be removed – don’t know yet). YCF Conference Chain RE:Action 14th October 2009

  29. Likely reclassification trend:chemicals more hazardous • New science in analysis and monitoring is likely to show new harmful effects of chemicals we’re currently unaware of • CSRs may show up new dangers we haven’t thought of yet, when all the knowledge is added together • If CSRs show chemicals lower hazard than anticipated – may be politically unacceptable to reduce classification YCF Conference Chain RE:Action 14th October 2009

  30. If chemicals classed as more hazardous than before • Increased controls on handling/ packaging • May not be able to support certain uses under REACH • May eventually be a requirement to consider substitution • Higher disposal costs (eg incineration) • Implications for other regulations YCF Conference Chain RE:Action 14th October 2009

  31. Reclassification as more hazardous – impact on other regulations • COMAH - bring sites into COMAH, or from Lower Tier to Top Tier • EPR – take Low Impact (Standard) Permits up to Bespoke Permit level • COSHH – will need to be reassessed in light of new classification, probably increase controls on handling/ lead to substitution if very hazardous These are major changes, involving significant time, hassle and costs for the chemical industry YCF Conference Chain RE:Action 14th October 2009

  32. While we’re discussing COMAH.. • The COMAH regulations will need to be updated to include the CLP/GHS classifications (presumably will be a dual-classification at first) • Although HSE will try to ensure thresholds are equivalent, so no new COMAH entrants, this may not be possible where substances change to more hazardous classifications (eg sodium hypochlorite under CHIP4) Top Tip - be prepared to control inventory to avoid COMAH, or go into Lower or Top Tier YCF Conference Chain RE:Action 14th October 2009

  33. Possible longer term consequences of CLP/REACH: • Fewer chemicals on the market due to reclassification (already happened eg with pesticides directive • Fewer approved uses supported, stifling innovation • Increased number of sites within COMAH and/ or full EPR • Previously lightly regulated sites coming under HSE for CLP/GHS and/or COMAH (eg formulators, distributors) YCF Conference Chain RE:Action 14th October 2009

  34. Summary: where we’re going with major chemical regulations • CLP/GHS change from CHIP4 is a major change for chemical businesses in itself • CLP/GHS will actively involve far more businesses in the chemicals supply chain than REACH • Implementation is simultaneous with REACH, and they will interact with each other • Impact on other major chemical regs (COMAH, EPR, COSHH) directly from CLP/GHS, and indirectly from interactions with REACH YCF Conference Chain RE:Action 14th October 2009

  35. Getting through it all successfully: • “Keep calm and carry on” • Use technology, where appropriate • Understand CLP/GHS • Work with your colleagues in the chemical industry YCF Conference Chain RE:Action 14th October 2009

  36. Keep calm and carry on: • Don’t panic! • You are not alone – these regulations affect us all • You are doing a vital job - the chemical industry is essential to our modern way of life, even if few people appreciate it • Believe you can do it – then you will do it YCF Conference Chain RE:Action 14th October 2009

  37. Use technology to help • If you are still on a manual classification system under CHIP, now is the time to invest in labelling and classification package • Having tried manual reclassification from CHIP to CLP (procedure in Annex VII), there is huge scope for error – very easy to read information from the next row down by mistake! • By using classification software, you delegate the pressure to keep up to date to the authors; and it makes classification faster and easier YCF Conference Chain RE:Action 14th October 2009

  38. Understanding CLP/GHS – more than any one brain can cope with! YCF Conference Chain RE:Action 14th October 2009

  39. Solution 1 – external training, particularly for regulatory specialists • Proper training is essential • YCF CLP training, 22nd October • REACHReady • several consultancy providers also available • (Remember, even if you use classification software, it helps if you understand the rules and systems behind it ) YCF Conference Chain RE:Action 14th October 2009

  40. Solution 2 – Work with your colleagues within industry • Self help groups already proven for REACH • Benefits: • Keep costs under control • Benefit from different perspectives/ experiences/ interpretations • Provides support from peers, shows you really don’t need to do this on your own • YCF may extend REACH network to include CLP – make your views known YCF Conference Chain RE:Action 14th October 2009

  41. Summary: Getting through these changes successfully • There are major changes • With the right tools and preparation: • software for classification • training • peer support for understanding the regulations • and, of course, hard work • it will be possible for chemical businesses to get through the next few years safely YCF Conference Chain RE:Action 14th October 2009

  42. Thank you very much • Any questions? • Presentation available on request • Contact tel 01422 24 22 22 • Emailjanet@ttenvironmental.co.uk YCF Conference Chain RE:Action 14th October 2009

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