The Impact of REACH on the European Coal Tar Industry 2017 and in the Future

Transcription

1 The Impact of REACH on the European Coal Tar Industry 2017 and in the Future International Tar Association Annual Conference 2017, Hilton Prague September 2017 Winfried Boenigk 1

2 Regulatory Situation in Europe Regulation (EC) No 1907/2006 REACH Art. 1(1) The purpose of this Regulation is to ensure a high level of protection of human health and the environment, including the promotion of alternative methods for assessment of hazards of substances, as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation. Coal chemicals are in the focus of Member State authorities and the European Commission. Main concern is harm to the environment caused by Polycyclic Aromatic Hydrocarbons (PAHs). The political intention is to ban all substances containing or releasing PAHs. Three regulatory instruments are applied: ask for authorization / restriction (REACH-regulation) apply more severe labeling (GHS/CLP regulation) introduce lower Occupational Exposure Limits (OELs) Industry joined forces for product defence through cefic Coal Chemicals Sector Group (CCSG) 2

3 Organisation of Coal Tar Industry in Europe European Commission One voice for regulatory negotiations CCSG* "European voice for Coal Chemicals" REACH for Coal Chemicals (R4CC) Executive Committee: CCSG members / Lead Registrants of SCs** Management Services SC 1 SC 2 SC 3 SC 4 SC 5 SC 6 SC 7 SC 8 SC SC n *Cefic "Coal Chemicals Sector Group (CCSG)" Submission of REACH Core Data Pre-registrants **SC: Substance Consortium CCSG Boenigk, Mar 09 Advocacy for coal tar derived products is jointly developed and coordinated by CCSG with associations concerned 3

4 Coal Chemical Industry is Rebranding in Europe The cefic Coal Chemicals Sector Group (CCSG) decided to rename as Coal Chemicals Europe. CCE will continue to be a sector of cefic, the European Chemical Industry Council. A web presentation is being prepared. 4

5 Most Relevant Issues for Coal Chemicals in Europe Coal tar pitch (CTPHT) - REACH authorization CTPHT and Anthracene oil (AO) - Water hazard classification (GHS H400,H410) - Occupational Exposure Limits (OELs) Polycyclic Aromatic Hydrocarbons (PAHs) - PBT/vPvB classification Naphthalene - CORAP process - OEL Creosote - Re-registration of the active substance (April 2018) 5

6 Executive Summary: European Regulatory Issues for Coal Tar Pitch Last update: Sep 2017 Products concerned Coal tar pitch Anthracene Oil Coal tar pitch Description Pitch and Anthracene oil are prioritised Substances of Very High Concern (SVHC) and were included in REACH Annex XIV by COM Reg.(EU) 999/2017. Authorization deadline: 4 April 2019 Reg. (EU) No 944/2013 classifies CTP as very toxic to aquatic life (H400+H410); in force April Severe restrictions for storage, transport and use expected - Plants using pitch have to comply with SEVESO III directive Status, Actions Prebake anodes are exempted as intermediate (ECHA Q&A ID:1195) Same applies to other major uses European producers started to organize the authorization process. General Court Case T-689/13 ruled in favour of 18 IND applicants Commission appealed => Law in force DE, DK and NL intervening in favour of the European Commission Advocate General suggests ruling in favor of industry (7 Sep 2017) Coal tar pitch 2011 Germany introduced an OEL for benzo[a]pyrene based on the traffic light system: Green: no action when BaP < 70 ng/m³ Red: compulsary action when BaP > 700 ng/m³ Intention: 10-fold lower in 2018 (coming later) - Germany tries to establish the traffic light system in Europe - Benzo[a]pyrene is now classified PBT and vpvb - Other PAHs to follow 6

7 REACH Authorisation Process for CTPHT and AO Sep-Nov Pitch, coal tar, high-temp. - Anthracene oil Coordination with Associations Period for advocacy COM Reg. (EU) 999/ Pitch, coal tar, high-temp. - Anthracene oil Authorization deadline: 4 April

8 Advocacy to Exempt CTPHT/AO Uses from Authorisation Last update: Sep ) Development of the intermediate concept. Intermediates and fuels are exempt from authorisation. 2) Interaction with relevant stakeholder associations: EUROFER, Eurométaux, EAA, ECGA, Euroalliages, Ceramunie-PRE 3) Contribution to Annex XIV public consultation (1 for ECHA; 1 for COM) IND position: most CTPHT uses are considered intermediate uses Defense at Member State Committee (MSC 41 and 42) 4) Meeting with ECHA on 15 Jan 2015 to explain the scientific basis of the intermediate concept 5) Several meetings with stakeholder associations, COM, ECHA to explain the intermediate concept; Development of industry guidance documents 6) ECHA Q&A ID:1195 published in June 2016 accepting mixing, forming,baking as intermediate use 8

9 PAHs are Building Blocks for Graphite Pyrolysis, Dehydrogenation PAHs Graphene CCSG Boenigk Jan

10 CTPHT Transformation into Coke (coal tar), high-temp. pitch (CAS ) Pitch Pitch coke Graphite MgO Pitch-glued solids(mgo, Graphite) Pitch-coke bonded solids CCSG Boenigk Jan

11 Exempted CTPHT Uses from Authorisation (ECHA Q&A) Last update: October 2016 Excerpt ECHA Q&A ID: 1195 (June 2016) Can the use of Anthracene Oil (AO) and Coal tar pitch, high temperature (CTPHT) in the manufacture of coke electrodes for the aluminium industry be regarded as the use of an intermediate? Yes, under the conditions specified in the reasoning provided below.... In the current case, if all stages a, b and c (Comment: mixing, forming, baking) are an integrated part of the coke manufacturing process installations, the use of AO and CTPHT may be considered the use as an intermediate. However, whenever the mixing of AO, CTPHT and filler grains (stage a) is not carried out on the same site, this may indicate that the mixing step is not performed to facilitate/ensure proper chemical processing in the synthesis of the coke. In that case and AO and CTPHT cannot be regarded as intermediates. 11

12 Authorisation Strategy for CTPHT and AO Last update: Sep 2017 European CTPHT and AO producers tried hard to organise a common understanding of the authorisation exemptions. The intermediate exemption is a great success preventing the majority of large volume uses (anodes, cathodes, electrodes) going to authorisation. Due to confidential data handling of the whole supply chain, CTPHT producers are in the process of selecting a consultant to perform the work for those uses not considered intermediate uses (i.e. ramming paste, clay targets, coatings). Target date for filing: January 2019 (3 months safety margin) 12

13 Executive Summary: European Regulatory Issues for Coal Tar Pitch Last update: Sep 2017 Products concerned Coal tar pitch Anthracene Oil Coal tar pitch Description Pitch and Anthracene oil are prioritised Substances of Very High Concern (SVHC) and were included in REACH Annex XIV by COM Reg.(EU) 999/2017. Authorization deadline: 4 April 2019 Reg. (EU) No 944/2013 classifies CTP as very toxic to aquatic life (H400+H410); in force April Severe restrictions for storage, transport and use expected - Plants using pitch have to comply with SEVESO III directive Status, Actions Prebake anodes are exempted as intermediate (ECHA Q&A ID:1195) Same applies to other major uses European producers started to organize the authorization process. General Court Case T-689/13 ruled in favour of 18 IND applicants Commission appealed => Law in force DE, DK and NL intervening in favour of the European Commission Advocate General s opinion is in favour of industry (7 Sep 2017) Coal tar pitch 2011 Germany introduced an OEL for benzo[a]pyrene based on the traffic light system: Green: no action when BaP < 70 ng/m³ Red: compulsary action when BaP > 700 ng/m³ Intention: 10-fold lower in 2018 (coming later) - Germany tries to establish the traffic light system in Europe - Benzo[a]pyrene is now classified PBT and vpvb - Other PAHs to follow 13

14 Pitch proposed as Human Carcinogen and Environmental Hazardous Material Substance identification Proposed by Classification concerned by proposal Dir. 67/548/EEC Start of consultation Deadline for comments Dossier Link for comments Substance name CAS number EC number (Reg.1272/2008) Carc. Cat. 1, R45 Muta. Cat. 2, R46 Repr. Cat. 2, R60-61 N; R50/53 Pitch, coal tar, high temp NL (Carc. 1A; H350 Muta. 1B; H340 Repr. 1B; H360FD The consultation is now over Aquatic Acute 1; H400 Aquatic Chronic 1; H410) Industry accepts carcinogenicity but challenges environmental hazard 14

15 Pitch Classification as Very Toxic to Aquatic Life (H400/H410) RAC Annex1 Background document adopted p. 87 => Threat for all distillates 15

16 Pitch Classification as Very Toxic to Aquatic Life (H400/H410) Litigation General Court Luxembourg (Last update: Jan 3, 2014) Date of filing: 20 December 2013 Applicants Pitch Producers Carbon/Graphite Ferroalloys Steel Koppers (DK, NL, UK), RÜTGERS (DE, BE, PL), Industrial Química del Nalón (ES), Bilbaina de Alquitranes (ES), DEZA a.s. (CZ) SGL Carbon (DE, AU, FR, ES, PL), Tokai Erftcarbon (DE), Bawtry Carbon International (UK) FerroAtlántica (ES) ThyssenKrupp Steel Europe (DE) Late joiner (intervener): Graftech (FR) 16

17 Advocacy to Dismiss Environmental Classification (H400,H410) Latest Update: Sep ) Collect Applicants; file General Court Case (T-689/13), defend IND position; 2)Court ruled in favor of IND on 7 October 2015; 3)Commission filed Appeal on 17 December 2015,Appeal has suspensory power when filed by the Commission (Statute of the Court of Justice, Article 60); 4)IND applied for interim relief due to irreversible damage => not granted (no plant closure envisaged; financial damage can be claimed back at a later stage; thus no irreversible damage) 5)DE, DK and NL intervene in favor of the Commission (exclusive right of Member States to interfere whenever considered appropriate); 6)5 th ATP to CLP regulation (Reg. No 944/2013) for CTPHT in force since 1 April ) Hearing at Court of Justice on 15 June )Advocate General s opinion (7 September 2017): COM appeal should be dismissed. 17

18 Executive Summary: European Regulatory Issues for Coal Tar Pitch Last update: Sep 2017 Products concerned Coal tar pitch Anthracene Oil Coal tar pitch Description Pitch and Anthracene oil are prioritised Substances of Very High Concern (SVHC) and were included in REACH Annex XIV by COM Reg.(EU) 999/2017. Authorization deadline: 4 April 2019 Reg. (EU) No 944/2013 classifies CTP as very toxic to aquatic life (H400+H410); in force April Severe restrictions for storage, transport and use expected - Plants using pitch have to comply with SEVESO III directive Status, Actions Prebake anodes are exempted as intermediate (ECHA Q&A ID:1195) Same applies to other major uses European producers started to organize the authorization process. General Court Case T-689/13 ruled in favour of 18 IND applicants Commission appealed => Law in force DE, DK and NL intervening in favour of the European Commission Advocate General suggests ruling in favor of industry (7 Sep 2017) Coal tar pitch 2011 Germany introduced an OEL for benzo[a]pyrene based on the traffic light system: Green: no action when BaP < 70 ng/m³ Red: compulsary action when BaP > 700 ng/m³ Intention: 10-fold lower in 2018 (coming later) - Germany tries to establish the traffic light system in Europe - Benzo[a]pyrene is now classified PBT and vpvb - Other PAHs to follow 18

19 Occupational Exposure: German Traffic Light Model 19

20 German Occupational Exposure Limits for Benzo[a]pyrene Previous OEL for B[a]P: 2000 or 5000 ng/m³ Intention: to be lowered by a factor of 10 in 2018 (not considered realistic; EU consensus is missing) 20

21 Benzo[a]pyrene is now classified PBT and vpvb All substances having more than 0.1% b[a]p are seen as PBT substances thus candidates for authorisation and substitution. 21

22 Other PAHs are in the process of PBT classification Member States (DE in the lead) intend to push for PBT classification for: Substance Proposal Activity Benz[a]anthracene PBT, vpvb public consultation 20 Oct 2017 Chrysene PBT,vPvB public consultation 20 Oct 2017 Phenanthrene Fluoranthene Pyrene Benzo[k]fluoranthene Benzo[ghi]perylene These environmental classifications- once realised- will have an impact on coal- and petroleum substances 22

23 Creosote Active Substance vs. Product authorisation EU Creosote (EN Grade B and C) must be authorised (Biocidal Products Regulation (BPR) No 528(2012)): Year Active Substance (AS) Biocidal Product (BP) 2011 Inclusion Directive 2013 Authorisation of AS (SE) Application for product authorisation (SE+PL) and MR) 2016 Authorisation issued by SE+PL 2016 Application for re-authorisation Mutual Recognition in Member of AS (UK) States 2018 Re-authorisation AS (5 years?) Applications for renewal of BP 2019 authorisation 550 days before expiry Evaluation of BP authorisations 2020 (??? BREXIT) 2021 Application for re-authorisation of AS (??? BREXIT) EU-Creosote 1990 vs Complex (expensive) process Agricultural use of creosote under political pressure 23

24 Naphthalene Activities around Occupational Exposure CORAP* 2016 UK REACH CA Health and Safety Executive (HSE) Initial concern to justify CORAP selection: Exposure of workers High (aggregated) tonnage Background: German introduced 2011: OEL: 0.5 mg/m³; STEL: 0.5 mg/m³ Other references: USA OEL 50 mg/m³; STEL: 75 mg/m³ but California OEL: 0.5 mg/m³ Main concern of UK: Haemolytic anaemia Irritation of olfactory and respiratory epithelia Nasal tumours * CORAP COmmunityRolling Action Plan Industry performed worker exposure studies in abrasive industry ( ) 24

25 Naphthalene Activities around Occupational Exposure (II) CORAP 2016 UK REACH CA Health and Safety Executive (HSE) Worker exposure study produced no adverse effects until 6 mg/m³ Naphthalene Discussions on Derived No Effect Levels (DNEL) will continue. No major studies (i.e. EOGRTS) requested. IND to deliver detailed description of measures to reduce worker exposure. DE resumed discussion on OEL; current view: OEL 2 mg/m³; STEL: 8 mg/m³ OEL development will be followed; no reprotox testing required 25

26 Thanks for your attention and enjoy Prague 26