Infusing TSCA with Green Chemistry: The Role of Innovation in Chemical Risk Management Dr. Kira Matus Senior Policy Analyst Center for Green Chemistry and Green Engineering Yale University June 11, 2010

Green chemistry is the design of chemical products and processes that reduce or eliminate the use and generation of hazardous substances. Anastas, P. T. and Warner, J. C. Green Chemistry: Theory and Practice, Oxford University Press: New York, 2000.

Prevent use and/or generation of hazardous chemicals Chemistry for sustainability “Benign by design” Pollution prevention at the molecular level, NOT waste remediation or pollutant detection

 Provide a framework for design of new materials, products, and processes.  Focused on sustainable design criteria  Proven time and again to be the source of innovative solutions to a wide range of problems  Systematic integration of these principles is key to achieving genuine sustainability for the simultaneous benefit of the environment, economy, and society. Anastas, P. T. and Warner, J. C. Green Chemistry: Theory and Practice, Oxford University Press: New York, 2000.

1. Prevention 2. Atom Economy 3. Less Hazardous Chemical Syntheses 4. Designing Safer Chemicals 5. Safer Solvents and Auxiliaries 6. Design for Energy Efficiency 7. Use of Renewable Feedstocks 8. Reduce Derivatives 9. Catalysis 10. Design for Degradation 11. Real-time Analysis for Pollution Prevention 12. Inherently Safer Chemistry for Accident Prevention

Performance EconomicsHazard

Molecular Design Life-Cycle Thinking: Anticipate potential impacts Consider entire process, from input materials through end-of-life Interdisciplinary Chemistry Environmental Science Toxicology Engineering Economics Get it right the first time

What role should green chemistry and green engineering play in a reformed TSCA?

Key Questions about TSCA Reform to Develop a GC&E Strategy  What are the drivers behind the movement for TSCA reform?  What are the goals of a “reformed TSCA”?  What are the key lessons from the last 30 years of TSCA in practice?  What does it take to construct an adaptive, flexible, resilient chemicals policy?  How can, or should, “reformed TSCA” impact innovation?  How can green chemistry and green engineering be critical parts of resilient, forward-looking chemical risk management, and how should they be built into the regulatory system?

◦ Must not stifle innovation generally with unnecessary resource burdens, and ◦ Should favor innovations that improve safety and reduce environmental impacts.

 Adoption of an anticipatory, preventative approach to chemicals management based on inherent hazards  Mechanisms and incentives to provide financial, technical and policy support for GC&E innovation  Incentives for GC&E in any review process  Continuous improvement

No explicit inclusion of green chemistry Registration exemption (pre-1976) favors older, existing technologies No minimum health and safety data requirements Difficult to compel testing CBI – limitations on data availability

“ SAFER ALTERNATIVES AND GREEN CHEMISTRY AND ENGINEERING” National GC research centers GC research grants GC workforce education and training Incentives: Expedited review for safer alternatives Labels for safer alternatives Awards and incentives for safer alternatives

 Incentives are to fix problems once they occur ◦ Efficient? ◦ What does this mean for health of people and the environment? ◦ Is this even feasible?

Technical Regulatory Economic Cultural Organizational Definition and Metrics TSCA reform is an opportunity to reduce barriers

PROACTIVELY Start to think PROACTIVELY Data Incentives Awareness Collaboration Prevention Hazard Reduction Forward-looking Continuous Improvement

 Increase the availability of more benign chemicals => reduce the overall TSCA workload  Encourage the development of advanced life cycle assessment and modeling tools  Contribute to fundamental solutions that are robust over the long term

 Make use of GC to evaluate health, safety, and environmental impacts ◦ Authority to compel submission of green chemistry metrics as part of its data required for chemical evaluations. ◦ Program for public reporting of green chemistry information submitted by firms ◦ Use submitted green chemistry data as a baseline for determination of “greener alternatives”

 Create incentives for better performance on health, safety, and environmental criteria, and/or to switch to less hazardous alternatives. ◦ Establish and consistently enforce standards for manufacture and use of hazardous chemicals. ◦ Design preferential pre-manufacture notice timelines and information requirements ◦ Positive incentive mechanisms

 Use information collected by the EPA to help drive GC forward. ◦ Accumulate data on impacts, and deploy it to help develop tools to improve the design and analysis of chemicals (i.e. systems to aid with molecular design, information for use in LCA, etc…) ◦ Act as a center for the communication of information regarding impacts of chemicals in use and potential alternatives.

 Implement a coordinated, inter-agency R&D fund overseen by a variety of agencies ◦ Basic R&D funding for major, pre-competitive platforms and technologies in priority chemical sectors ◦ Large scale funding (like DARPA, DOE) to help green innovations in key areas transition from the laboratory to full-scale industrial use

 Recognize and support state-level programs ◦ Education ◦ R&D ◦ Technical outreach programs for small and medium sized firms

 Recognize and broaden Design for the Environment (DfE) and other cooperative programs between industry and government.

TSCA is just one piece of the puzzle Other chemical regulation (federal) International perspective (i.e. REACH) Green Chemistry specific regulation State level programs

 Use GC as a powerful tool to develop the next generation of chemical innovations  More efficient to design chemicals to be as benign as possible from the outset, Eliminate the need to develop safer alternatives

 GC is a market-oriented, economically favorable, preventative approach ◦ Act in advance of impacts  Enhance the broader sustainability of the chemical enterprise in the United States.

 Dr. Julie B Zimmerman  Dr. Evan Beach  Erin McBurney Workshop Participants  Charles Auer  Klaus Berend,  Blake Biles  Gregory Bond  William Clark  Joseph Fiksel  Bob Israel  Warren Muir  Tom Osimitz  Michael Parr  John Wargo  Jeffrey Wong  Jim Young