Chemical industry survey – Basic chemicals · Web view3b. Please explain the main steps/requirements in terms of regulatory charges to comply with the legislative acts between 2014

International Comparison of Cumulative Regulatory Costs for the Chemical IndustryChemical industry survey – Basic chemicals

Table of contents Introduction and overarching information Questionnaire A – Chemicals legislation Questionnaire B – Emissions and industrial process legislation Questionnaire C – Worker safety legislation

Introduction and overarching informationThe overall objective of this study is to understand the differences in regulatory frameworks applying to the chemical industry between countries and how these affect the respective business sectors, under the format of case studies.

The following questions will feed into case studies on legislation in the USA for the basic chemicals sector. This document contains three separate questionnaires which will feed into three distinct case studies (hence the length of this document). The questionnaires separately cover:

A) Chemicals legislationB) Emissions and industrial process legislationC) Worker safety legislation

We would like your views and comments to feed into the development of all three case studies and as such would appreciate it if you could complete all questionnaires contained in this document.

The timeframe for your answers is 2014 to 2016, unless suggested otherwise under specific questions.

If you are not the person responsible for regulatory compliance for chemical legislation, please forward this survey to the right person(s). All questions related to the survey can be addressed to: David Birchby ([email protected])

Overarching section – ProfilePlease provide the following information at plant level:

Name of the organisation/division:

Contact name: I do not want to disclose my identity

Your role in the organisation:

Location of the plant:

Turnover of the plant in $ (please specify the reference year):

No of employees of the plant in FTE (please specify the reference year):

Type of products manufactured in the plant: Please indicate the main countries of exports for your products:

Questionnaire A – Chemicals legislationThe following questions will feed into a case study on chemical legislation in the USA for the basic chemicals sector. Chemical legislation includes legislation acts related to the management of risks and hazard of chemicals and plant protection products/biocides. For this specific assessment, please do not consider any piece of legislation related to energy, industrial processes and emissions, worker safety and product-specific.

Section A1 – Selection of legislation

The following table presents an overview of the categories of legislation considered in this survey. Please select the legislative acts you are knowledgeable of related to chemical legislation in USA affecting the basic chemical sectors:Topic Legislative actRisks and hazard of chemicals

The Toxic Substances Control Act (TSCA) The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act

Risk and hazard of plant protection products and biocides

Federal Insecticide Fungicide and Rodenticide Act (FIFRA) (1996)

Other – please specify

Section A2 - Cost section

Question on administrative and operating activities

1a. Please indicate the total time required (in man-days/year) for all administrative and operating/technical activities (excluding maintenance, which is in a next question) to support the chemical legislation between 2014 and 2016:

Man-days peryear

Average staff cost of people carrying out these tasks:

monthlysalary ($)

The Toxic Substances Control Act (TSCA) Admin: Technical:

Admin: Technical:

The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act

Admin: Technical:

Admin: Technical:

The Federal Insecticide Fungicide and Rodenticide Act (FIFRA) (1996)

Admin: Technical:

Admin: Technical:

Other – please specify: Admin: Technical:

Admin: Technical:

In case the split is not applicable, please indicate the total costs of the above-mentioned legislations:

Admin: Technical:

Admin: Technical:

Note: administrative staff relates to all administrative activities, such as filing dossiers, while technical staff perform activities related to testing, engineering, etc.

1b. Please explain the main steps/requirements in terms of administrative and operating/technical activities undertaken internally to comply with the legislative acts between 2014 and 2016:

1c. Did you face any significant cost in terms of administrative and operating/technical activities undertaken internally to comply with the legislative acts before 2014? If yes, please describe:

1d. If any administrative and operating/technical activities (excluding maintenance, which is in a next question) on this legislation are outsourced/subcontracted, please indicate the average yearly outsourcing costs between 2014 and 2016:

Average yearly costs ofoutsourced/contracted

activities ($)The Toxic Substances Control Act (TSCA) Admin:

Technical: The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act

Admin: Technical:


Admin: Technical:



Admin: Technical:


1e. Please explain the main steps/requirements in terms of administrative and operating/technical activities undertaken externally to comply with the legislative acts between 2014 and 2016:

1f. Did you face any significant cost in terms of administrative and operating/technical activities undertaken externally to comply with the legislative acts before 2014? If yes, please describe:

Question on capital expenditures and maintenance

2a. If applicable, please provide an indication of the additional annual cost for machines, equipment, software/electronic system and databases to comply with the legislation between 2014 and 2016: Examples:

For a one-off expenditure: for a machine of $500.000 with a service life of 20 years, please insert $500,000/20= 25.000 of average yearly costs;

For a recurrent expenditure: for the annual purchase of equipment that costs $500, please insert $500 of average yearly costs;

Please do not include expenditures that you would have made in the absence of legislation; or only include the additional amount that reflects the compliance with legislation.

Average yearly cost ($)

The Toxic Substances Control Act (TSCA)



Other – please specify:


2b. Please explain the main steps/requirements in terms of machines, equipment, software/electronic system and databases to comply with the legislative acts between 2014 and 2016:

2c. Did you face any significant cost in terms of machines, equipment, software/electronic system and databases to comply with the legislative acts before 2014? If yes, please describe:

2d. If applicable, please provide an indication of an average yearly cost for maintenance of such equipment, software/electronic system and databases to comply with the legislation between 2014 and 2016:

Average yearly cost ($)The Toxic Substances Control Act (TSCA)





2e. Please explain the main steps/requirements in terms of maintenance to comply with the legislative acts between 2014 and 2016:

2f. Did you face any significant cost in terms of maintenance to comply with the legislative acts before 2014? If yes, please describe:

Question on regulatory charges (fees, taxes, etc.)

3a. Please indicate the annual average regulatory charges (e.g. fees, levies or taxes) to comply with chemical legislation between 2014 and 2016:

Average yearly cost ($)The Toxic Substances Control Act (TSCA)





3b. Please explain the main steps/requirements in terms of regulatory charges to comply with the legislative acts between 2014 and 2016:

3c. Did you face any significant cost in terms of regulatory charges to comply with the legislative acts before 2014? If yes, please describe:

Section A3 - Drivers section

4. For each of the sub-packages analysed, please indicate if the noted costs are driven by federal legislation or state/provincial/regional legislation?

Level

Comment(specify which state/region and which

legislative act)The Toxic Substances Control Act (TSCA) State/regional

Federal/national The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act

State/regionalFederal/national



Other – please specify: State/regionalFederal/national

5. What are the main factors driving regulatory costs in your company (e.g. complexity of regulation, number of actions required, etc.)?

6. To your knowledge, please locate the level of standards/ambition of legislation in your country with respect to comparable legislation covering the chemical industry in the rest of the world on a scale from 1 (= no standards/no ambition) to 10 (= the highest standards/the highest ambition):

Legislation / ScaleNon

e 1

2 3 4 5 6 7 8 9The

highest

10Example xThe Toxic Substances Control Act (TSCA)The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act The Federal Insecticide Fungicide and Rodenticide Act (FIFRA) (1996)

Please elaborate on the level of standards in relation with the legislative acts in your country, relative to those faced by chemical industry in the rest of the world:

7. To your knowledge, please locate the level of enforcement of legislation in your country with respect to comparable legislation covering the chemical industry in the rest of the world on a scale from 1 (= no enforcement) to 10 (=the highest):


e1

2 3 4 5 6 7 8 9The

highest

10Example xThe Toxic Substances Control Act (TSCA)The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act The Federal Insecticide Fungicide and

Rodenticide Act (FIFRA) (1996)

Please elaborate on the level of enforcement in relation with the legislative acts in your country relative to those faced by chemical industry in the rest of the world:

8. Please assess the level of guidance in implementation – help/support/direction received from authorities related to compliance:

Legislation / Scale Insufficient Somewhatinsufficient

Neither insufficient

nor sufficient

Somewhat sufficient Sufficient

Example xThe Toxic Substances Control Act (TSCA)The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act The Federal Insecticide Fungicide and Rodenticide Act (FIFRA) (1996)

Please elaborate on the level of guidance (help/support/direction received from authorities related to compliance) for implementation in relation with the legislative acts in your country relative to those faced by chemical industry in the rest of the world:

9. If you are not aware of the legislation in the EU, please skip this question: to your knowledge, how do these elements (standards, enforcement, guidance in implementation) in your country compare with the EU?

Level of standards Level of enforcement Level of guidance in implementation

The Toxic Substances Much higher in EU Much higher in EU Much higher in EU

Control Act (TSCA)

Higher in EU About the same in

EU Lower in EU Much lower in EU






Much higher in EU Higher in EU About the same in













10. Has chemicals legislation in USA been changing frequently over time? No Yes - If yes, specify the frequency and elaborate on the

implications/consequences of such changes (i.e. pressure from short regulation cycles):

11. To what extent would the activities (and costs) mentioned in section 3 occur in the absence of the regulation? In other words, would part of these activities be performed as good business practice (e.g. self-classification of chemicals, reputation, market opportunities, etc.)?

To the full extent To a high extent To some extent To a limited extent Not at all Do not know (NA)

Please elaborate on the incentives to perform these activities in the absence of such a regulatory framework in your country:

12. Are pieces of legislation being harmonised (e.g. across US states)? Yes No

Please explain which were the implications for your business, whether they are/are not harmonised:If they are harmonised, please explain to which extent:

13. Are there exemptions for some products or company size?

Section A4 - Benefits section

14. Does the compliance with legislation trigger the following elements?

Not at all1 2 3 4

To a great extent

5Improved characteristics of the product allowing firms to raise pricesImproved characteristics of the product allowing firms to access new markets / gain greater share of existing marketsLegislation driving new product lines/innovation.Better access to finance (attracting new inward investments or reduced borrowing rates).Other – please specify:

Explain:

15. Does compliance with legislation trigger environmental benefits? No Yes - If yes, elaborate on the benefit and indicate if this triggered any cost

savings:

16. Does compliance with legislation trigger health benefits? No Yes - If yes, elaborate on the benefit and indicate if this triggered any cost

savings:

17. Please elaborate on any other type of benefit from complying with legislation:

Section A5 - Impacts and forward-looking section

18. Please assess the main sources of competitive advantage for products in your sector in the US:

Not at all a

competitive

advantage1

2 3 4 5 6

To a great extent

7

Lower cost of materialsLower cost of energyLower cost of labourLower cost of regulationOther:

19. Do technical barriers occur that have an impact on the trade of your products?Note: technical barriers = mandatory technical regulations and/or voluntary standards that define specific characteristics that a product should have, such as its size, shape, design, labelling / marking / packaging, functionality or performance.

No Yes - If yes, please elaborate:

20. Do you feel there is a lack of legislation in your sector on specific aspects (e.g. leading to lack of environmentally-sensitive practices, to occupational hazards, to conflicts in international trade, etc.)?

No Yes - If yes, please elaborate on which aspects:

21a. Has the regulation (and its respective costs) had any effect on the price competitiveness of the business compared to producers in competitor countries? (Note: Price competitiveness = differences in relative unit costs between producers)

It highly increases the price competitiveness It increases the price competitiveness It does not affect the price competitiveness It decreases the price competitiveness It highly decreases the price competitiveness

Explain:

21b. If yes, are/have prices paid by the consumers likely to increase/increased?

No Yes – If yes, what are the likely major factors that will cause prices to rise:

21c. If the regulation (and its respective costs) had any effect on the price competitiveness of the firm compared to competitor countries, could you indicate whether and how this had any effect on trade? Please quantify the effect (best estimate is enough).

21d. If the regulation (and its respective costs) had any effect on the price competitiveness of the firm compared to competitor countries, could you indicate whether and how this had any effect on investments and profitability? Please quantify the effect (best estimate is enough).

22a. Has the regulation (and its respective costs) had any effect on the non-price competitiveness of the business compared to competitor countries? (Note: Non-price competitiveness encompasses technical factors such as product quality, design, reliability and performance, choice, after-sales services, marketing, access to markets, ability to produce certain products, branding and the availability and cost of replacement parts)

It highly increases the non-price competitiveness It increases the non-price competitiveness It does not affect the non-price competitiveness It decreases the non-price competitiveness It highly decreases the non-price competitiveness

Explain:

22b. More specifically, does legislation affect the quality and variety of products and consumer choice?


22c. If the regulation (and its respective costs) had any effect on the non-price competitiveness of the firm compared to competitor countries, could you indicate whether and how this had any effect on trade?

22d. If the regulation (and its respective costs) had any effect on the non-price competitiveness of the firm compared to competitor countries, could you indicate whether and how this had any effect on investments and profitability? Please quantify the effect (best estimate is enough).

23. Please select the impacts of regulation that apply to your business:

Positive impact Negative impact Neutral impactIncentives for innovationBusiness expansionJob creationAccess to resourcesOther – please specify:

Please elaborate on the impacts selected and explain whether these have already happened or are expected to happen:

24. Do you expect the current situation to change in the future? If so, how/why: New legislation to come Revision of legislation New priorities Other – please specify:

Explain:

Questionnaire B – Emissions and industrial process legislationThe following questions will feed into a case study on emissions and industrial processes legislation in the USA for the basic chemical sectors. Emissions and industrial processes legislation includes legislation acts related to global warming, waste regulations, and industrial pollution. For this specific assessment, please do not consider any piece of legislation related to chemicals, energy, worker safety and product-specific.

Section B1 – Selection of legislation

The following table presents an overview of the categories of legislation considered in this survey. Please select the legislative acts you are knowledgeable of related to emissions and industrial processes legislation in USA affecting the basic chemical sectors:Topic Legislative actGlobal Warming The Mandatory Greenhouse Gases Reporting Rule

(2009) Waste Regulations The Resource Conservation and Recovery Act

Comprehensive Environmental Response, Compensation, and Liability Act (1980)

Industrial pollution The Clean Air Act (1970)The Clean Water Act (CWA) (1972)


Section B2 - Cost section



Man-days peryear


monthlysalary ($)

The Mandatory Greenhouse Gases Reporting Rule (2009)

Admin: Technical:

Admin: Technical:

The Resource Conservation and Recovery Act Admin: Technical:

Admin: Technical:


Admin: Technical:

Admin: Technical:

The Clean Air Act (1970) Admin: Technical:

Admin: Technical:

The Clean Water Act (CWA) (1972) Admin: Technical:

Admin: Technical:


Admin: Technical:


Admin: Technical:

Admin: Technical:






activities ($)The Mandatory Greenhouse Gases Reporting Rule (2009)

Admin: Technical:

The Resource Conservation and Recovery Act Admin: Technical:


Admin: Technical:

The Clean Air Act (1970) Admin: Technical:

The Clean Water Act (CWA) (1972) Admin: Technical:



Admin: Technical:









Average yearly cost ($)The Mandatory Greenhouse Gases Reporting Rule (2009)

The Resource Conservation and Recovery Act


The Clean Air Act (1970)

The Clean Water Act (CWA) (1972)


























Section B3 - Drivers section


Level

Comment(specify which state/region and which

legislative act)The Mandatory Greenhouse Gases Reporting Rule (2009)


The Resource Conservation and Recovery Act State/regionalFederal/national



The Clean Air Act (1970) State/regionalFederal/national

The Clean Water Act (CWA) (1972) State/regionalFederal/national





e 1

2 3 4 5 6 7 8 9The

highest

10Example xThe Mandatory Greenhouse Gases Reporting Rule (2009) The Resource Conservation and Recovery ActComprehensive

Environmental Response, Compensation, and Liability Act (1980)The Clean Air Act (1970)The Clean Water Act (CWA) (1972)




e 1

2 3 4 5 6 7 8 9The

highest

10Example xThe Mandatory Greenhouse Gases Reporting Rule (2009) The Resource Conservation and Recovery ActComprehensive Environmental Response, Compensation, and Liability Act (1980)The Clean Air Act (1970)The Clean Water Act (CWA) (1972)





nor sufficient


Example xThe Mandatory Greenhouse Gases

Reporting Rule (2009) The Resource Conservation and Recovery ActComprehensive Environmental Response, Compensation, and Liability Act (1980)The Clean Air Act (1970)The Clean Water Act (CWA) (1972)




The Mandatory Greenhouse Gases Reporting Rule (2009)






























EU Lower in EU


EU Lower in EU


EU Lower in EU

Much lower in EU Much lower in EU Much lower in EU

10. Has chemicals legislation in USA been changing frequently over time? No Yes - If yes, specify the frequency and elaborate on the








Section B4 - Benefits section


Not at all1 2 3 4

To a great extent

5Improved characteristics of the product allowing firms to raise

pricesImproved characteristics of the product allowing firms to access new markets / gain greater share of existing marketsLegislation driving new product lines/innovation.Better access to finance (attracting new inward investments or reduced borrowing rates).Other – please specify:

Explain:


savings:


savings:


Section B5 - Impacts and forward-looking section


Not at all a

competitive

advantage1

2 3 4 5 6

To a great extent

7








Explain:

21b. If yes, are/have prices paid by the consumers likely to increase/increased? No Yes – If yes, what are the likely major factors that will cause prices to rise:





Explain:









Explain:

Questionnaire C – Worker safety legislationThe following questions will feed into a case study on workers’ safety legislation in the USA for the basic chemical sectors. Workers’ safety legislation includes legislation acts related to workplace, equipment, PPE, training and biomonitoring, as well as exposure to chemical agents, physical hazards and biological agents. For this specific assessment, please do not consider any piece of legislation related to chemicals, energy, emissions and industrial processes, and product-specific.

Section C1 – Selection of legislation

The following table presents an overview of the categories of legislation considered in this survey. Please select the legislative acts you are knowledgeable of related to workers’ safety in USA affecting the basic chemical sectors:Topic Legislative actWorkplace, Equipment, PPE, trainings and biomonitoring

The Occupational Safety and Health Act (1970)Protecting and Securing Chemical Facilities from Terrorist Attacks Act (2014)


Section C2 - Cost section



Man-days peryear


monthlysalary ($)

The Occupational Safety and Health Act (1970) Admin: Technical:

Admin: Technical:

Protecting and Securing Chemical Facilities from Terrorist Attacks Act (2014)

Admin: Technical:

Admin: Technical:


Admin: Technical:


Admin: Technical:

Admin: Technical:






activities ($)The Occupational Safety and Health Act (1970) Admin:

Technical: Protecting and Securing Chemical Facilities from Terrorist Attacks Act (2014)

Admin: Technical:



Admin: Technical:









Average yearly cost ($)The Occupational Safety and Health Act (1970)


Other – please specify: In case the split is not applicable, please indicate the total costs of the above-mentioned legislations:
















Section C3 - Drivers section


Level Comment(specify which state/region and which

legislative act)The Occupational Safety and Health Act (1970) State/regional

Federal/national







e 1

2 3 4 5 6 7 8 9The

highest

10Example xThe Occupational Safety and Health Act (1970)Protecting and Securing Chemical

Facilities from Terrorist Attacks Act (2014)




e 1

2 3 4 5 6 7 8 9The

highest

10Example xThe Occupational Safety and Health Act (1970)Protecting and Securing Chemical Facilities from Terrorist Attacks Act (2014)





nor sufficient


Example xThe Occupational Safety and Health Act (1970)Protecting and Securing Chemical Facilities from Terrorist Attacks Act (2014)




The Occupational Safety and Health Act (1970)














10. Has workers’ safety legislation in USA been changing frequently over time? No Yes - If yes, specify the frequency and elaborate on the








Section C4 - Benefits section


Not at all1 2 3 4

To a great extent

5Improved characteristics of the product allowing firms to raise pricesImproved characteristics of the product allowing firms to access new markets / gain greater share of existing marketsLegislation driving new product lines/innovation.Better access to finance (attracting new inward investments or reduced borrowing rates).Other – please specify:

Explain:


savings:


savings:


Section C5 - Impacts and forward-looking section


Not at all a

competitive

advantage1

2 3 4 5 6

To a great extent

7








Explain:

21b. If yes, are/have prices paid by the consumers likely to increase/increased? No Yes – If yes, what are the likely major factors that will cause prices to rise:





Explain:









Explain:

Documents

Chemical industry survey – Basic chemicals · Web view3b. Please explain the main steps/requirements in terms of regulatory charges to comply with the legislative acts between 2014