Framing a Future Chemicals Policy

1. Framing a Future Chemicals Policy Joel A. Tickner, ScD Lowell Center for Sustainable Production April 28, 2005

2. Summary • Modern chemicals have played a critical role in our products, our quality of life. • Yet, many modern chemicals also present environmental and public health dangers and for many others we just don’t know • Q: Can we achieve the functions that chemicals provide while using less harmful materials and stimulating innovation? • A: The answer is yes.

3. Framing the Problem • Way problem is framed helps to define the types of solutions one seeks • A broader, more inclusive framing can help lead to deeper, longer-lasting solutions • There is likely to be some disagreement on the nature of the problem (and the solutions).

4. Internationally – Similar Problems • Lack of information on chemicals in commerce • Unequal treatment of new/existing chemicals • Slow, inefficient chemical by chemical risk assessment/management processes • Lack of integrated, modernized, and forward-looking approach to chemicals management. • Lack of incentives to stimulate development of safer substitutes • Increasing concern about chemicals • Lack of public confidence in government and industry

5. 1. Lack of information • Has been identified since the 1970s as a key concern • Chemical toxicity, fate, distribution • Supply chain uses of chemicals • Chemical flows through the economy and within firms • Exposure • Substitutes and design changes

6. 2. Unequal treatment of new and existing chemicals • Arbitrary distinction that is political not scientific • Greater attention paid to new vs. existing chemicals • Implications for effective risk management of existing chemicals • Hindrance to bringing safer chemicals to market

7. 3. Slow, Chemical by Chemical Management Processes • Costly and time consuming • Inefficient for government and industry • Reacts to “problem of the day” • High burdens for governments to institute risk management measures • Lack of signals to producers and users of chemicals of problems or solutions

8. 4. Lack of an modernized chemicals management system • Early policies established to deal with a small number of highly dangerous chemicals, not a broad number of chemicals with potentially subtle, uncertain effects. • New science – vulnerable subpopulations, new endpoints, population-based exposures (not localized) • Focus on industrial manufacture and use of chemicals not use in products or lifecycles • Early policies assumed management on a media by media basis through end of pipe controls • Large number of costly, unintegrated and overlapping regulations

9. EPACT FFCA CERFA CRAA PPA PPVA IEREA ANTPA GLCPA ABA CZARA WRDA EDP OPA RECA CAAA GCRA GLFWRA HMTUSA NEEA AMFA ARPAA AJA ASBCAA ESAA-AECA FFRAA FEAPRA IRA NWPAA CODRA/NMSPAA FCRPA MMPAA 120 110 100 90 80 70 60 50 40 30 20 10 0 AQA NAWCA RCRAA WLDI APA SWDA CERCLA CZMIA COWLDA FWLCA MPRSAA WQA SDWAA SARA NWPA BLRA ERDDAA EAWA NOPPA PTSA UMTRCA ESAA QGA NCPA CAAA CWA SMCRA SWRCA SDWAA ARPA MPRSAA BLBA FWPCA MPRSA CZMA NCA FEPCA PWSA MMPA HMTA TSCA FLPMA RCRA NFMA CZMAA ESA TAPA FRRRPA SOWA DPA NEPA EQIA CAA EPA EEA OSHA FAWRAA NPAA AQA FOIA FCMHSA WRPA AFCA FHSA NFMUA WSRA EA RCFHSA TA FWCA BPA FIFRA AEPA PAA NHPA WLDA WA FWCAA NBRA MBCA NPS FAWRA FWA IA AEA AA RHA NLRA WPA YA 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 Environmental Regulations Number of Laws

10. 5. Lack of incentives for innovation • Minimal government agency resources for prevention • Lack of technical support for firms wanting to innovate • Little funding for green chemistry and design for environment • Little economic/marketplace incentives for firms making safer chemicals and products • Reactive rather than proactive focus of government and industrial policy

11. 6. Concerns about chemicals • Public, scientific, government, industrial • Noted failures of chemicals management – PCBs, lead, asbestos, mercury, accidents such as Bhopal • Concerns about chemicals in body burden, house dust, food, vulnerable populations • Concerns about links to certain diseases • Potential to tarnish image of chemistry and chemical industry

12. 7. Lack of public confidence • Public concerns that chemicals are adversely affecting health and are ubiquitous in our bodies and our environment. • Public mistrust in industry and government • The government wouldn’t allow chemicals on the market if they weren’t tested for safety • Industry demonstrates the safety of their chemical products before they are allowed in everyday products and emitted into the environment.

13. However, the situation is not all bad - solutions are Emerging in the U.S. • High Production Volume Challenge • Design for the Environment/Green Chemistry • Children’s environmental health • Rapid screening tools • Pollution prevention • Right to Know • State level efforts

14. Innovations internationally • REACH • SAICM • Rotterdam and Stockholm Conventions • GHS • Leadership of many international firms in sustainable chemicals management

15. Toxics Use Reduction in Massachusetts – a possible model? • Firms characterize chemicals use – why, how much, cost • Firms identify possible alternatives and analyze economic, technical and EH&S pros/cons • Firms are provided state organized technical assistance and research support to study and institute alternatives • Chemicals use data are compiled by state to measure progress • An iterative planning process

16. MA TCE Cleaning Use Data

17. The Future • Change is occurring and U.S. businesses have to compete in an increasingly environmentally/ health conscious marketplace • There is a need for dialogue on solutions • Mature dialogue in Europe and internationally • Important to break down negative stereotypes • Broad group of stakeholders beyond the typical ones • Identifying options and opportunities to move forward. • Can’t hide heads in the sand anymore

18. Finding our common goals for the future and where do we want to go from here?

19. World Summit on Sustainable Development, Johannesburg, 2002 Renew the commitment…to sound management of chemicals throughout their life cycle and of hazardous wastes for sustainable development as well as for the protection of human health and the environment aiming to achieve, by 2020, that chemicals are used and produced in ways that lead to the minimization of significant adverse effects on human health and the environment….

20. Framing our objectives for the future? • Businesses and industries that are innovative, versatile and competitive • Products that are safe, do not expose consumers and communities to potentially harmful substances and that provide functionality and value. • A natural environment that supports the health and well being of children, adults, wildlife and ecosystems • Good, healthy jobs in sustainable industries • Ultimately - identifying components of a more sustainable chemicals management framework that supports innovation while addressing problems

21. Key concepts that underlie elements of a sustainable chemicals policy • Chemicals not as discreet entities but in terms of the functions they provide • Consideration of lifecycle impacts • Toxicity as a descriptor of properties and design consideration, not an afterthought • Integrated approaches to chemicals and materials management

22. What do we need to get there? – Elements of a more sustainable chemicals future • Good quality information for preventive decision-making • Improving information flows in supply chains and beyond • Improving our understanding of substance flows through the economy

23. What do we need to get there? – Elements of a more sustainable chemicals future • Promotion and development of substitution and alternatives assessment processes • Promotion of innovation in green chemistry and alternative materials and products • Integrating sustainable chemicals management into industrial decision-making processes • Integration of US and Global chemicals initiatives

24. Every Beginning is Hard --Traditional Hungarian Saying

25. Conclusions • There is a unique opportunity to advance chemicals policy that provides understanding and information on chemicals, addresses chemical hazards/risks and promotes innovation. • Moving forward requires new strategies, new thinking, new collaborations and creative, open thinking • Need to move our frame from reaction to proactive solutions