1

www.csb.gov

Future of Chemical Safety

Manuel R. Gomez, DrPH, MS, CIHDirector of RecommendationsU.S. Chemical Safety BoardACS Annual Conference, Washington, DCAugust 30, 2005

2

www.csb.gov

Disclaimer

This presentation by Manuel R. Gomez of theUnited States Chemical Safety and HazardInvestigation Board (CSB) on August 30, 2005 tothe American Chemical Society’s AnnualConference has not been approved by the Boardand is given for general informational purposesonly. Any material in the presentation that did notoriginate in Board-approved reports is solely theresponsibility of the author and does not representthe official views of the Chemical Safety Board.

Copies of all CSB reports can be found atwww.csb.gov

3

www.csb.gov

Session Outline

• CSB History, Description andMission

• Chemical Safety– Brief look at recent past– Likely future drivers– Wild Cards

4

www.csb.gov

CSB Overview• Created By 1990 Clean Air Act

Amendments:– After catastrophic industrial

accidents in mid-late 1980s (Bhopal)• Also created:

– OSHA Process Safety Management (1992)– EPA Risk Management Program (1996)

• Independent agency• Modeled after NTSB• Presidentially-appointed Board (5)• Funded 1998, $9M budget, 45 staff

5

www.csb.gov

CSB OverviewMission• To promote prevention of industrial chemical accidents

that harm employees, damage the environment andendanger the public

Focus of Activity• Conduct Investigations• Determine Root/Contributing Cause(s)• Issue Prevention Recommendations to many parties

Impact• Not a regulatory or enforcement agency• Influence broad adoption of recommendations to

prevent recurrences

More information: www.csb.gov

6

www.csb.gov

Chemical SafetyRecent Past

• 1970s & mid-80s– Environmental/occupational laws & regs– Vigorous chemical safety activity– EPA, OSHA, NIOSH in world lead

• Mid-80s to today– Anti-regulatory climate– Judicial challenges– US now lagging

7

www.csb.gov

ExampleTSCA: Losing Steam?

• Adequate data ….developed …..[re] effect of chemicalsubstances and mixtures on health and the environment and….and development ….should be the responsibility of thosewho manufacture and those who process such chemicalsubstances and mixtures;

• Adequate authority should exist to regulate chemicalsubstances and mixtures which present an unreasonable riskof injury to health or the environment, and to take actionwith respect to chemical substances and mixtures which areimminent hazards;

• Authority….exercised….as not to impede unduly or createunnecessary economic barriers to technological innovationwhile fulfilling the primary purpose of this chapter to assurethat …substances and mixtures do not present anunreasonable risk of injury to health or the environment.

8

www.csb.gov

ExampleTSCA: Losing Steam

• Toxic Substances Control Act (1976)– Very little impact on existing chemicals

(99% of total chemical use by volume)– Very few test rules for chemicals– Precedent from legal challenges: EPA

has to “prove guilty” to act– Bottom line: Little progress in

knowledge re toxicity or exposures tomost chemicals in 30 years.

9

www.csb.gov

Future Chemical SafetyWhat Are the Likely Drivers?

• Reach Legislation in EU• Management system standards• Corporate social responsibility standards• Globally Harmonized System• High Production Volume Challenge• Others:

– Precautionary Principle– Workplace risk assessment protocols (EU)– Control Banding (UK and EU?)

10

www.csb.gov

REACH• R egistration

– Applies to all chemicals > 1Mton– Test & risk data according to volume– Use & exposure information required

• E valuation– Recipient develops risk assessment &

risk management• A uthorization

– New EU-wide agency reviews data– May impose risk management

requirements, even ban• Of CHEMICALS

11

www.csb.gov

REACHImplications

• Shifts burden to producers/importers• Comprehensive: Applies to all chemicals,

“old” and new• Affects entire product chain: addresses

uses and exposures• Can result in bans• Will affect chemical industry worldwide• It’s very likely to really happen.

12

www.csb.gov

MANAGEMENT SYSTEMS

• Origin: ISO quality standards• Followed by environmental &

occupational health and safetystandards (some ISO)

• Based on Plan-Do-Check-Act Model&

• Heavy emphasis on continualimprovement, not “compliance”

13

www.csb.gov

MANAGEMENT SYSTEMS• Impact: 3rd party audit systems for

registration/certification• Huge market demand in Europe &

Asia• US lags but may be forced to catch

up– Responsible Care & US auto industry

using model !• Growing evidence of improved

performance, but jury still out

14

www.csb.gov

CORPORATE SOCIALRESPONSIBILITY STANDARDS

• Thousands of reports on web• ISO developing a guideline• Information disclosure, performance

metrics are central tenets• Chemical performance will be

prominent• Passing fad, PR, or real impact?

15

www.csb.gov

Globally Harmonized System• Basically a harmonized MSDS approach• Main impetus European• European parliament law this year?

– US when?• Real Goal: To help market for

chemicals (one MSDS,accepted/understood by all)

• Prelude/example of other European-ledharmonization?

• Example of growing strategic use ofstandardization by Europeans?

16

www.csb.gov

High Production VolumeChallenge--Summary

• Triggered by 1998 NGO report (ED)• Joint industry-EPA effort• Develop basic hazard data for high

volume chemicals (>1M lbs/yr)– SIDS data (OECD’s Screening

Information Data Set)• Not enough for full risk assessment• No exposure or use data required

17

www.csb.gov

High Production VolumeChallenge--Current Status

• Much info available, but highly technical• Online user-friendly HPVIS in late 2005?• Many new “orphan” HPV chemicals

since 1990• EPA prioritizing chemicals for more

data and risk assessments (when?)• Any “sleeper” asbestos among them?• What will be reaction of stakeholders

(communities, workers, consumers)?

18

www.csb.gov

OTHER TRENDS• Precautionary principle

– Europe: Weight of evidence & prevention– US:

Need to prove “guilty” precedentsLegalisticPiecemeal analysis

• Risk Assessment protocols forworkplace (EU Commission)

• Control Banding in workplace (UK,EU trend?)

19

www.csb.gov

WILD CARDS• Catastrophes (Bhopal, Cuyahoga River &

EPA, Gualey Bridge disaster and silicosiscompensation, Farmington mine explosion& MSHA, etc.)

• Terrorism Threat– Creating focus on chemical safety– Some legislative debate already– Can “security” trigger process safety &

prevention goals?• Liability• Ripple effect of European trends?

20

www.csb.gov

SOME SOURCES OF INFO• Text of Reach & other:

http://europa.eu.int/commk/environment/chemicals/reach.htm

• EPA information:http://www.epa.gov/chemrtk/volchall.htmChemical Right-to-Know Initiative

• Review & Commentary:www.chemicalspolicy.org

• American Chemistry Council: www.americanchemistry.com

• European chemical industry: www.cefic.be• OECD: www.oecd.org• Environmental Defense (see Chemical

Tracker):www.environmentaldefense.org/home.cfm

21

www.csb.gov

Thank You

For more information about CSB:manuel.gomez@csb.gov