US eyes REACH-style law for chemicals

Despite heavy criticism from its industry, the US appears to be moving closer to adopting rules similar to the EU’s controversial REACH chemicals regulation. The move comes as the new European chemicals agency opens in Helsinki (3 June) amid doubts over its ability to deal with thousands of new chemicals registration requests.

Following the entry into force of new rules on the Registration, Evaluation and Authorisation of Chemicals (REACH) last June, European firms that make or import more than one tonne of chemical substances per year have up till 1 November 2008 to pre-register chemicals. 

After that, they will have until November 2010 for the final registration and market authorisation of substances that are imported or produced in amounts of 1,000 tonnes and until May 2018 for volumes between 1-100 tonnes. 

REACH currently covers some 30,000 chemicals and the new European Chemicals Agency (ECHA) expects to receive over 180,000 dossiers, with companies expected to give fuller accounts of their chemicals over the next 15 years. 

When REACH was still in its infancy, it was hotly disputed by industry as being too costly and overly-burdensome. It was particularly criticised by Europe’s main trading partners for serving as a potential barrier to trade. A US House of Representatives report from 2004 showed how the Bush Administration in particular put a lot of pressure on the EU to weaken its chemicals legislation. 

However, a move towards similar legislation is now being made in the US Senate, although industry continues to heavily oppose such efforts. 

The closest law to REACH in the US is the Toxic Substances Control Act (TSCA) from 1976, implemented by the Environmental Protection Agency (EPA). It looks to restrict or ban toxic chemicals if they are found to be hazardous. 

The main difference between the TSCA and REACH is that the American version puts the burden on government to prove a toxic chemical is a risk. Under REACH, it is industry itself that must prove its chemicals are safe. This European system is finding increasing support in the US Senate. 

Senator Barbara Boxer is leading an initiative to propose a new chemicals policy similar to REACH, with speculation rising in Washington that she will do so soon. But a recent testimony in front of the Senate Environment and Public Works Committee showed early opposition to any new chemicals regulation. 

A representative of the US Chemical Manufacturers Association (SOCMA) advised the Senate to “thoughtfully reconsider whether it is necessary or wise to adopt a monolithic new regulatory regime for chemical regulation like the EU’s REACH”.

This debate mirrors the early days of the REACH legislation when industry representatives complained of the possible effects it would bring, including reduced investment and innovation possibilities related to increased costs. 

Strong criticism came from Jim DeLisi, the president of Fanwood Chemical Inc., a member of SOCMA: “Whether REACH will improve human health or the environment will not be known for years, if ever, but its ability to tie up regulators and commerce is already clear,” he said. DeLisi added that REACH had “outreached” the EU’s capacity and said “Americans cannot afford to emulate this unproven, highly bureaucratic approach to chemical regulation”. 

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