INSIGHT: US chems hope to head off Reach

BALTIMORE, Maryland (ICIS news)--US chemical industry officials are giving urgent support to a new US-led chemicals control programme in an effort to beat back what they fear could be the global advance of Reach - including a Reach beachhead in the US.

High-level industry executives and officials of leading US chemical industry trade groups huddled here this week to map strategy for accelerating implementation of the US-led tripartite agreement for a chemical assessment and management programme (Champ).

Champ resulted from the agreement reached between the US, Canada and Mexico at the three nation summit meeting at Montebello, Quebec, in August last year.

Also known as the Montebello Agreement, Champ is a risk-based approach to health, safety and environmental management of chemicals. Under terms of the Montebello agreement, by 2012 the US is to complete risk characterisations on more than 9,000 chemicals produced in quantities of 25,000 pounds (11.3 tonnes) or more, so-called moderate volume chemicals.

Assessment of high production volume (HPV) chemicals is already nearly complete under the nine-year-old US HPV testing programme that has established toxicity profiles on some 2,800 compounds that are manufactured or imported in quantities of 100,000 pounds (450 tonnes) or more annually.

The Montebello agreement is designed “to ensure that these chemicals are produced and used in ways that minimise risks to health and the environment”, according to the EPA.

In addition, the agreement provides that by 2020 the three countries will establish and maintain current information on chemical inventories held by each nation. 

From the point of view of US industry, perhaps the most important feature of Champ is that it is not Reach, the EU’s controversial programme for the registration, evaluation and authorisation of chemicals.

The principle difference between Reach and Champ is that the massive European plan is based on the precautionary principle, meaning that chemicals must be proven safe before they are allowed in commerce and consumer products. 

Like much of the existing US chemicals regulatory programme, Champ takes a risk-based approach that assigns testing and regulation on those substances that pose the greatest risk to consumers and the environment. Under a risk-based programme, a substance generally is not restricted or banned unless it is shown to be a threat to health or the environment in normal use.

US chemical producers worry that Reach with its broad prohibitive approach will undermine US-EU trade, stifle innovation and perhaps even lead to the demise of Europe’s chemicals industry.

In addition, they are concerned that Reach will migrate to other countries and regions, in time becoming the de facto global chemicals control programme.

Champ is meant to forestall that.

It also is meant to head off a possible US Reach effort, which is seen as more likely if a Democrat president is victorious in this year’s US national elections and, as appears likely, Democrat majorities are increased in both the House and Senate.

While they still have the chance, chemical firms soon will ask Congress to quickly implement the three-nation Montebello environmental deal in hopes of heading off a Reach-like plan under a new US administration.

Bill Allmond, director of government relations at the Synthetic Organic Chemical Manufacturers Association (SOCMA), said his group has joined with other leading trade associations to get accelerated funding to implement Champ.

On one hand, Allmond said, US chemical manufacturers are concerned about having a new chemicals testing programme initiated under Montebello before EPA completes analysis of the HPV testing, results that could influence how the Montebello agreement is put into play.

However, he said, there also is concern that a new administration in the White House in 2009 might scrap the Montebello plan in favour of enacting a new US chemicals testing programme along the lines of Reach.

In hopes of establishing the Montebello agreement’s approach, Allmond said that “several trade associations are going to appeal to Congress to provide additional funding to EPA in 2009 to advance this Montebello initiative”.

In addition to SOCMA, Allmond said the American Chemistry Council (ACC), the National Petrochemical & Refiners Association (NPRA) and the Soaps and Detergents Association (SDA) are among chemical trade groups that will press Congress to accelerate funding for and implementation of the Montebello agreement.

“But I am afraid we may be running out of time,” Allmond said.

The US national elections are in November, and the work of Congress is already being slowed as members focus increasingly on their re-election campaigns rather than legislation.

EPA is fully behind Champ. EPA administrator Stephen Johnson told the annual GlobalChem conference on international chemicals regulation that “We believe that Champ is a more focused, productive and workable solution than Reach.”

Although the Reach programme envisages comprehensive environmental and health profile testing of more than 30,000 chemicals and substances, Johnson said the more targeted Champ approach would in the end provide information on more chemicals more promptly.

“Under this agreement, the US is to take action by 2012, well ahead of Reach,” Johnson said.

The Champ approach, he said, “will enable quicker, more efficient and more cost effective testing of more chemicals than Reach”.

Johnson indicated that EPA under the administration of President George Bush will work to migrate the Champ approach to other nations in an apparent effort to head off what many in US industry fear will be the international spread of Reach.

“We are encouraging other nations to cooperate with us in implementing Champ,” Johnson said, adding that “we must capture opportunities to work with our international partners” towards the international adoption of Champ.

But that campaign may come to a screeching halt in January next year when a new US president takes office - perhaps a president who favours a US-style Reach.

< previous article(VIDEO - ICIS news Europe Lunchtime Bulletin 30 October 2009)

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