1. From Reaction to Prevention: Ensuring that TSCA Reform and Other Chemicals Policies Stimulate the Transition Towards Safer and More Sustainable Chemicals Joel A. Tickner, ScD University of Massachusetts Lowell Joel_tickner@uml.edu www.chemicalspolicy.org www.greenchemistryandcommerce.org ABA Spring Conference on the Environment, June, 11, 2010 Joel A. Tickner, ScD University of Massachusetts Lowell Joel_tickner@uml.edu www.chemicalspolicy.org www.greenchemistryandcommerce.org ABA Spring Conference on the Environment, June, 11, 2010

2. Overview Green Chemistry and safer alternatives in TSCA reform Current EPA actions Barriers to green chemistry and safer alternatives programs Precursors to advancing green chemistry and safer products Policy options to advance this area

3. Goals of TSCA reform POLICY.—It is the policy of the United States— ‘‘(1) to protect the health of children, workers, consumers, and the public, and to protect the environment from harmful exposures to chemical substances and mixtures; ‘‘(2) to promote the use of safer alternatives and other actions that reduce use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals, processes, and products; POLICY.—It is the policy of the United States— ‘‘(1) to protect the health of children, workers, consumers, and the public, and to protect the environment from harmful exposures to chemical substances and mixtures; ‘‘(2) to promote the use of safer alternatives and other actions that reduce use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals, processes, and products;

4. Green Chemistry and Safer Alternatives in TSCA reform Section 32 Safer Alternatives and Green Chemistry Safer Alternatives Program Create program to establish market incentives –Expedited review for new safer chemcials –Recognition programs –Other Incentives Green Chemistry Research Network (4 centers to explore alternatives to priority substances) Green Chemistry Research Grants Green Chemistry Workforce Development Section 32 Safer Alternatives and Green Chemistry Safer Alternatives Program Create program to establish market incentives –Expedited review for new safer chemcials –Recognition programs –Other Incentives Green Chemistry Research Network (4 centers to explore alternatives to priority substances) Green Chemistry Research Grants Green Chemistry Workforce Development

5. Why focus on Green Chemistry and Safer Alternatives and green chemistry in chemicals policy reforms? New understandings chemical uses, hazards, and prevention Focus on innovation and economic development to solve problems rather than “stopping bads” Focus on entire chemical lifecycle and “history” of chemicals – manufacture, use, and disposal Helps to avoid trade-offs along lifecycles Detailed chemical by chemical assessment is costly, does not prevent impacts on its own and is not innovation generating New understandings chemical uses, hazards, and prevention Focus on innovation and economic development to solve problems rather than “stopping bads” Focus on entire chemical lifecycle and “history” of chemicals – manufacture, use, and disposal Helps to avoid trade-offs along lifecycles Detailed chemical by chemical assessment is costly, does not prevent impacts on its own and is not innovation generating

6. Evolving Chemicals Knowledge From Large Industrial Emissions… Point sources, facility specific, media specific (air, water, waste) Few identified chemicals of concern Policy tools: End-of-pipe controls, permitting, monitoring, risk-based standards To a Broad Range of Product-Based Emissions. Smaller, disperse, non-point, difficult to control, different toxicological mechanisms Many identified chemicals of concern and impacts throughout lifecycles “embedded hazards” Policy tools: Redesign, green chemistry, substitution, safer alternatives

7. Current EPA initiatives on green chemistry and safer alternatives Green chemistry Presidential Green Chemistry Awards Green Chemistry support in new chemical design Sustainable Futures and other design tools Pollution prevention Hospitals for a Healthy Environment Green Suppliers Design for Environment Formulators initiative Alternatives assessment – informed substitution Partnership programs Green chemistry Presidential Green Chemistry Awards Green Chemistry support in new chemical design Sustainable Futures and other design tools Pollution prevention Hospitals for a Healthy Environment Green Suppliers Design for Environment Formulators initiative Alternatives assessment – informed substitution Partnership programs

8. Past EPA initiatives on Green Chemistry and Safer Alternatives Cleaner Technologies Substitute Assessments Use Cluster Scoring System Product Side of Pollution Prevention/Sector Notebooks ORD Green chemistry research grants Cleaner Technologies Substitute Assessments Use Cluster Scoring System Product Side of Pollution Prevention/Sector Notebooks ORD Green chemistry research grants

9. Actions not consistent with goals: Why are safer alternatives and prevention not prioritized in government programs? Limited funding Lack of regulatory requirements Knowledge first culture Preoccupation with “problem-sphere” research Large commitment to detailed mechanistic knowledge on each chemical - eg. BPA Institutional barriers Lack of infrastructure Lack of commitment (does prevention “sell”?) Doesn’t neatly fit a particular jurisdictional or departmental boundary Chemical issues cross agency boundaries Limited funding Lack of regulatory requirements Knowledge first culture Preoccupation with “problem-sphere” research Large commitment to detailed mechanistic knowledge on each chemical - eg. BPA Institutional barriers Lack of infrastructure Lack of commitment (does prevention “sell”?) Doesn’t neatly fit a particular jurisdictional or departmental boundary Chemical issues cross agency boundaries

10. Barriers to Green Chemistry and safer alternatives at numerous levels Data Lack of data on chemical toxicity, uses, product ingredients Lack of good supply chain information flows How is safer defined? Prioritization of 1000s of chemicals and hundreds of uses Implementation Technical barriers that can compromise performance Lack of cost-effective or viable alternatives Lack of good incentives/disincentives Poorly designed regulatory structures can work against implementation Data Lack of data on chemical toxicity, uses, product ingredients Lack of good supply chain information flows How is safer defined? Prioritization of 1000s of chemicals and hundreds of uses Implementation Technical barriers that can compromise performance Lack of cost-effective or viable alternatives Lack of good incentives/disincentives Poorly designed regulatory structures can work against implementation

11. The Need for Green Chemistry 10% of chemicals in production are low hazard 25% of hazardous production chemicals could be substituted with currently available, low hazard substitutes 65% of hazardous production chemicals have no currently available low hazard substitutes Reference: John Warner, Warner,-Babcock Institute

12. Barriers to Green Chemistry and safer alternatives at numerous levels Institutional Designers rule – cost, performance first Technology lock-in Lack of technical or science capacity in firms, particularly SMEs Costs of more dangerous chemicals and products not internalized Little incentive to change, little recognition or investment Educational Chemists not trained in toxicology Designers not taught about environment and health Science of problems separated from science of solutions Institutional Designers rule – cost, performance first Technology lock-in Lack of technical or science capacity in firms, particularly SMEs Costs of more dangerous chemicals and products not internalized Little incentive to change, little recognition or investment Educational Chemists not trained in toxicology Designers not taught about environment and health Science of problems separated from science of solutions

13. What are prerequisites for a transition to Green Chemistry and safer alternatives Leadership and commitment Clear definitions and metrics Good information on chemical uses, hazards, and potential exposures Tools to rapidly and thoughtfully compare alternative chemicals, processes, and products Policies that incentivize safer chemicals and disincentivize more problematic ones – requirements to explore and seek alternatives KEY: RECOGNIZE DIFFERENT NEEDS AND MOTIVATIONS OF DIFFERENT ACTORS ALONG SUPPLY CHAINS Leadership and commitment Clear definitions and metrics Good information on chemical uses, hazards, and potential exposures Tools to rapidly and thoughtfully compare alternative chemicals, processes, and products Policies that incentivize safer chemicals and disincentivize more problematic ones – requirements to explore and seek alternatives KEY: RECOGNIZE DIFFERENT NEEDS AND MOTIVATIONS OF DIFFERENT ACTORS ALONG SUPPLY CHAINS

16. Green Chemistry Definition: “Green chemistry is the utilization of a set of principles that reduces or eliminates the use or generation of hazardous substances in the design, manufacture and application of chemical products.” -Anastas and Warner, Green Chemistry: Theory and Practice, 1998 Definition: “Green chemistry is the utilization of a set of principles that reduces or eliminates the use or generation of hazardous substances in the design, manufacture and application of chemical products.” -Anastas and Warner, Green Chemistry: Theory and Practice, 1998

18. Learning from the States: Massachusetts Toxics Use Reduction Program Understand function and use of chemicals Examine alternatives Innovation and technical support Measure progress and re-evaluate Results: 1990-2000 60% reduction in waste 40% reduction in use 80% reduction in emissions Benefits to industry $15 million (not considering health/environmental benefits)

19. MA TCE Cleaning Use Data The Result of the MA Toxics Use Reduction Planning and Technical Support Process

22. The Precursors to Change Willingness (motivation, compliance, fear, courage, commitment) Opportunity (awareness, interest, learning, access, timing) Capacity (resources, intelligence, knowledge, assistance) Willingness (motivation, compliance, fear, courage, commitment) Opportunity (awareness, interest, learning, access, timing) Capacity (resources, intelligence, knowledge, assistance)

23. Policy options to strengthen Green Chemistry and safer alternatives efforts Information options Establish a list of chemicals and chemical categories of concern – those that should be avoided Establish a database of safer alternatives to chemicals of concern for users Issue clear guidance for chemical manufacturers and users on safer chemical design – list of “greener chemicals” Information options Establish a list of chemicals and chemical categories of concern – those that should be avoided Establish a database of safer alternatives to chemicals of concern for users Issue clear guidance for chemical manufacturers and users on safer chemical design – list of “greener chemicals”

24. Policy options to strengthen Green Chemistry and safer alternatives efforts Safer alternatives review requirements Establish a functional use-based prioritization and management program Create requirements for firms manufacturing or using chemicals of concern to explore alternatives (substitutes analysis) Require that chemical risk assessments include an alternatives assessment component Green chemistry/safer alternatives challenge programs for high concern chemicals Safer alternatives review requirements Establish a functional use-based prioritization and management program Create requirements for firms manufacturing or using chemicals of concern to explore alternatives (substitutes analysis) Require that chemical risk assessments include an alternatives assessment component Green chemistry/safer alternatives challenge programs for high concern chemicals

25. Policy options to strengthen Green Chemistry and safer alternatives efforts Creating green chemistry/safer alternatives Incentives Partnership and research programs Procurement of safer chemicals and products Technical and networking support Establish pre-competitive consortia for green chemistry/DfE challenges Support state/regional green chemistry/safer alternatives technical support centers Creating green chemistry/safer alternatives Incentives Partnership and research programs Procurement of safer chemicals and products Technical and networking support Establish pre-competitive consortia for green chemistry/DfE challenges Support state/regional green chemistry/safer alternatives technical support centers

26. Policy options to strengthen Green Chemistry and safer alternatives efforts Education and research Promote college and K-12 courses in green chemistry Provide scholarships and graduate student research and internship support Tie research funding to green chemistry R&D Supportive Policy Develop adequate fees to fund safer alternatives and green chemistry efforts (% of money from fees, fines, etc) Develop enforcement programs focused on green chemistry and safer alternatives Education and research Promote college and K-12 courses in green chemistry Provide scholarships and graduate student research and internship support Tie research funding to green chemistry R&D Supportive Policy Develop adequate fees to fund safer alternatives and green chemistry efforts (% of money from fees, fines, etc) Develop enforcement programs focused on green chemistry and safer alternatives

27. Take a comprehensive, integrated approach to all chemicals and impacts through lifecycles Ensure adequate data collection and dissemination providing open access to information. Establish processes that allow rapid chemical assessment, prioritization, and decision- making Maximize information sharing and responsibility through supply chains Establish processes to transition from more dangerous chemicals to safer alternatives Promote green chemistry and safer product design, by promoting research and innovation Take a comprehensive, integrated approach to all chemicals and impacts through lifecycles Ensure adequate data collection and dissemination providing open access to information. Establish processes that allow rapid chemical assessment, prioritization, and decision- making Maximize information sharing and responsibility through supply chains Establish processes to transition from more dangerous chemicals to safer alternatives Promote green chemistry and safer product design, by promoting research and innovation But TSCA reform isn’t enough: Need for Comprehensive Chemicals Policy

29. Moving towards comprehensive chemicals policy Establish interagency taskforce on Safer Chemicals and Green Chemistry Create new administrative structures that focus on all chemicals across jurisdictions and all phases of the lifecycle – a “chemicals agency?” Marry environment and health protection aspects of green chemistry with economic, jobs and innovation. Establish new science of green chemistry and safer alternatives assessment Establish interagency taskforce on Safer Chemicals and Green Chemistry Create new administrative structures that focus on all chemicals across jurisdictions and all phases of the lifecycle – a “chemicals agency?” Marry environment and health protection aspects of green chemistry with economic, jobs and innovation. Establish new science of green chemistry and safer alternatives assessment

30. Conclusions If advancing green chemistry and safer alternatives is a goal of TSCA reform then there must be a resource and regulatory commitment to make that happen. While we still need research and data development on chemical hazards, we need significantly more research and action on chemical alternatives and how they can be implemented in practice TSCA reform is a critical but insufficient step to advancing implementation of green chemistry and safer alternatives. A more comprehensive approach is needed. Safer chemistry is not only an environment and health issue but also an economic one. If advancing green chemistry and safer alternatives is a goal of TSCA reform then there must be a resource and regulatory commitment to make that happen. While we still need research and data development on chemical hazards, we need significantly more research and action on chemical alternatives and how they can be implemented in practice TSCA reform is a critical but insufficient step to advancing implementation of green chemistry and safer alternatives. A more comprehensive approach is needed. Safer chemistry is not only an environment and health issue but also an economic one.

31. “The ultimate facts here in dispute are on the frontiers of scientific knowledge and though the factual finger points, it does not conclude. Under the command of OSHA, it remains the duty of the Secretary to protect the working-man, and to act even in circumstances where existing methodology or research is deficient…. We wish to emphasize, the Secretary is not restricted by the status quo. He may raise standards which require improvements in existing technologies or which require the development of new technology and he is not limited to issuing standards based solely on devices already fully developed ” 2 nd Circuit Court of Appeals, The Society of the Plastics Industry, Inc., v. Occupational Safety and Health Administration, 1975