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Safety. Compliance. Sustainability.
Werner Richtering – Atotech, Berlin, Germany – 18/11/2015
Potential Banned Substances of Concern for the Metal Finishing IndustryCASF conference, Vaughan, Canada
18 November 2015
Safety. Compliance. Sustainability.
Werner Richtering – Atotech, Berlin, Germany – 18/11/2015
... seen from Europe: REACH and other directives... an update
Proprietary and Confidential
Substance inventories
W. Richtering – CASF, Vaughan, Canada – 18/11/20156
REACHTSCA
DSL
IECSC
AICS
KECIAREC
ENCS
PICCS
TCSI
RICCS
CLASS
Proprietary and Confidential
REACh and REACh-like legislations worldwide: ‒ Restriction of Cr(VI)-compounds (Chromates, Dichromates, CrO3)‒ Restriction of Co-salts‒ Restriction of hazardous substances (RoHS)‒ End of Life Vehicles Directive (ELV)‒ Biocide Directive
K-Reach: South Korea
Taiwan-Reach
Nickel-salts ???
Borates and boric acid
NPE: Nonylphenolethoxylates
A global trend: environmental awareness towards a sustainable future
W. Richtering – CASF, Vaughan, Canada – 18/11/20157
Proprietary and Confidential
Local restrictions for specific chemicals:
‒ Boron-based chemicals in Europe (fish toxin)
‒ More than 2.800 local restrictions for specific chemicals, (China Catalog of Hazardous Chemicals, rev. 2015)
A global trend: environmental awareness towards a sustainable future
W. Richtering – CASF, Vaughan, Canada – 18/11/20158
Proprietary and Confidential
Industry or company restrictions:
‒ Formaldehyde: by Samsung, semiconductor industry
‒ Nickel: by cell phone manufacturers ...
‒ Cr(VI): Hyundai, Toyota, ...
‒ More than 2.700 industry or company restrictions (substances restricted by OEM, e.g. On-Semiconductor, Sony, HP, Hitachi, Seagate, Intel, Panasonic, Ford, GM, VW...)
A global trend: environmental awareness towards a sustainable future
*SVHC: Substance of Very High Concern
W. Richtering – CASF, Vaughan, Canada – 18/11/20159
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/201510
E.g. REACH
Today, 31 chemical substances of very high concern (SVHC) are listed in ANNEX XIV and require authorization, including hexavalent chromium (Cr(VI))
By 2020: > 450 SVHC candidates will be reviewed and presumably included
Today
12 chemical inventories, including REACH
Other Chemical Legislations
e.g. China Catalog of Hazardous Chemicals rev. 2015 (update after Tianjin accident)
In 2015: Major revision to broaden the scope and include substance groups
Restrictions on chemical substances are increasing on a world-wide level.
Proprietary and Confidential
REACh .....
W. Richtering – CASF, Vaughan, Canada – 18/11/201511
egistration,R
valuation,E
uthorizationAand restriction of Chemicals
Proprietary and Confidential
REACh .....
W. Richtering – CASF, Vaughan, Canada – 18/11/201512
egistration,R
valuation,E
uthorizationAand restriction of Chemicals
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/2015
Timeline of REACH in effect since 1 June 2007
13
High volume deadlines passed – all other due before 2018
Source: BTC Specialty Chemical Distribution, REACH Flyer
Nov. 2015
Proprietary and Confidential
14 W. Richtering – CASF, Vaughan, Canada – 18/11/2015
REACh: Substances of Very High Concern (SVHC)
„Substances of very high concern pose an unacceptable risk to human health / the environment”
It is the aim of REACH to replace SVHC progressively (where economically and technically viable)
Authorization and restriction are the mechanisms to minimize the risks coming from SVHC by‒ restricting the use to specific applications‒ imposing strict measures for handling the substance‒ eventually banning the use of the substance from the market
EU authorities repeatedly announced intention to fulfil the target of reviewing >450 substances for the SVHC candidate list by 2020
Any substance on the SVHC candidate list might be banned within 5 years
*SVHC: Substance of Very High Concern
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/201515
Annex XIV
• 31 substances included in Annex XIV with sunset dates from 21. Aug. 2014 until 22. Jan. 2019
• Additional 35 substances recommended as priority substances for inclusion into Annex XIV have been published between 01. Jun. 2009 (1st) until 01. Jul. 2015 (6th recommendation)
• Number of substances on the Candidate List: 163 (published in accordance with Article 59(10) of the REACH Regulation, last updated: 15 Jun. 2015)
Candidate list
Reach Annex XIV
Priority list
Proposals for SVHC
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/201516
REACH provides strict guidelines for the authorization of substances of very high concern (SVHC)
EU Member state
proposal for SVHC
18 months
or more for preparation
of application per uses
18 months
or more for decision whether
authorization is granted
If authoriza
tion is granted
It specifies:The allowed use / time
frame / HSE measures
Authorization can be taken back any time if a business solution is found
2011
Formation of a consortium for authorization of specific uses
2013
Latest date of application
2016
Sunset date:Any use without authorization banned
Expectedexpiry date
authorization
2017 2025
Chromium-VI among the first SVHCs nominated
Proprietary and Confidential
Chromium-VI is used in various industries. Many applications have already been stopped.
W. Richtering – CASF, Vaughan, Canada – 18/11/201517
2002:
184,000t
2011:
90,000t
Worldwide consumption: Applications(partly stopped already)‒ Paints‒ Textile and leather‒ Wood preservation‒ Anti-corrosion and
conversion coatings‒ ELECTROPLATING
of which 45,000t
by the metal finishing industry
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/201519
EU Member state
proposal for SVHC
18 months
or more for preparation
of application per uses
18 months
or more for decision whether
authorization is granted
If authoriza
tion is granted
It specifies:The allowed use / time
frame / HSE measures
Authorization can be taken back any time if a business solution is found
Formation of a consortium for authorization of specific uses / Atotech is a member of the consortium
Latest date of application
Sunset date:Any use without authorization banned
Expectedexpiry date
authorization
2011 2013 2016 2017 2025
It is expected that usage for Chromium-VI is granted with restrictions but...
Expected 12 years with restrictions, then no more Chromium-VI
If an economically feasible alternative exists, authorization is not granted.
If an economically feasible alternative appears,
application may lose authorization.
Example
Chromium-VI
The EU has already now published strict standards for specified Chromium-VI usage after sunset days.
Proprietary and Confidential
Chromium trioxide is listed on Annex XIV or REACh‒ The substance is labelled a “Substance of Very High Concern (SVHC)”
Any use that is not explicitly authorized is banned after the sunset date: September 21, 2017
Chromium trioxide (“Chromic Acid”)Authorization
W. Richtering – CASF, Vaughan, Canada – 18/11/201520
April 17, 2013• Inclusion in Annex
XIV REACH
Q1 2015• Start of application
consortium
March 21, 2016• Latest application
date
a
a
a
a
Proprietary and Confidential
Atotech filed an application for authorization for inter alia decorative plating together with the members of CTACSub (Chromium Trioxide Authorization Consortium for Submission)‒ Submission was done in May 2015, ECHA confirmed conformity and
receipt‒ The consortium is the successor of CTAC‒ Managed by Jones Day‒ Consultancy support by Ramboll-Environ
Expected review period for the authorization: 7 years‒ The review period starts with the sunset date
The public consultation ended on October 7, 2015and was re-started Nov. 11 until January 7, 2016 for 3 applications‒ The next steps will not be visible to the public
The decision by the EU Commission is expected at the very earliest end of 2015, more likely by mid of 2016
EACH authorization Chromium TrioxideCurrent status
W. Richtering – CASF, Vaughan, Canada – 18/11/201521
Proprietary and Confidential
EACH authorization Chromium Trioxide... Latest update
W. Richtering – CASF, Vaughan, Canada – 18/11/201522
Proprietary and Confidential
ACEA (European car manufacturer association) has finally taken a position: they are asking for a more time (9-12 years) to use CrO3 for the authorized applications in order to substitute Cr(VI) by other alternatives‒ They support the substitution!
EU authority expert groups proposed a duration for the authorization of another Annex XIV-substance of 7 years‒ We expect something similar for Cr(VI)‒ ECHA expectation is this 7 year period has to be used to for the phase-
out of Cr(VI)
REACH authorization Chromium TrioxideCurrent status & recent developments [2014]
W. Richtering – CASF, Vaughan, Canada – 18/11/201523
Proprietary and Confidential
2nd independent consortium VECCO is active‒ Consists of appr. 185 SME’s from the European surface finishing industry
with a majority share from Germany (28 from Italy)
VECCO started a lawsuit against EU Commission‒ First hearing in German administrative court on 16. 01. 2014‒ Hearing at European Court of Justice in early 2015‒ Based on doubt for correct methodology to obtain exposure data and
hazardousness of chromic acid in plating operations‒ It is the aim of the lawsuit to get exemptions from authorization for plating
applications‒ A decision can be expected in late 2015:‒ The case was dismissed on Sept. 25, 2015
REACH authorization Chromium TrioxideCurrent status & recent developments [2014]
W. Richtering – CASF, Vaughan, Canada – 18/11/201524
*VECCO = Verein zur Wahrung von Einsatz und Nutzung von Chromtrioxid und anderen Chrom-(VI)-Verbindungen in der Oberflächentechnik
(Association for the protection of the use of CrO3 and other Cr(VI)-compounds in surface finishing)
Proprietary and Confidential
Does Atotech apply for authorization?‒ Yes, application is already filed, decision outstanding.
Questions on Cr(VI) authorization procedure
W. Richtering – CASF, Vaughan, Canada – 18/11/201525
Proprietary and Confidential
Does Atotech apply for authorization?‒ Yes, application is already filed, decision outstanding.
Atotech has applied for authorization for all uses of CTAC‒ Formulation‒ decorative and functional plating‒ aerospace and aeronautics‒ corrosion resistant coatings‒ passivation of tin plated steel
Next steps‒ Public consultation started Aug. 12
and ended on Oct. 7, 2015‒ NGOs as well as suppliers of alternatives will challenge the application‒ Decision on authorization is expected not before beginning of 2016, more
likely around mid of 2016
Questions on Cr(VI) authorization procedure
W. Richtering – CASF, Vaughan, Canada – 18/11/201526
UseCTAC Proposed
review period
Formulation of mixtures 12 years+
Functional chrome plating 12 years
Decorative chrome plating 7 years
Aerospace 12 years
Corrosion resistant coatings 7 years
Passivation of tin-plated steel (ETP) 4 years (bridging)
NGO – Non Government OrganizationCTAC = Chromium Trioxide Authorization Consortium
Proprietary and Confidential
Atotech is frequently updating customer information letters – latest version August 19, 2015:
Questions on Cr(VI) authorization procedure
W. Richtering – CASF, Vaughan, Canada – 18/11/201527
Proprietary and Confidential
Does Atotech apply for authorization?‒ Yes, application is already filed, decision outstanding.
Should my company apply for authorization?‒ This depends on the company‘s strategy and whether the use is a
„standard“ plating application. Non-standard applications might not be included in Atotech’s application for authorization
‒ Further information customer information letter
Questions on Cr(VI) authorization procedure
W. Richtering – CASF, Vaughan, Canada – 18/11/201528
Proprietary and Confidential
Does Atotech apply for authorization?‒ Yes, application is already filed, decision outstanding.
Should my company apply for authorization?‒ This depends on the company‘s strategy and whether the use is a
„standard“ plating application. Non-standard applications might not be included in Atotech’s application for authorization
‒ Further information customer information letter
Will I get the same problems with trivalent chrome in future?‒ No, trivalent chromium compounds do not fulfil the criteria of SVHCs.‒ Trivalent chromium compounds are produced out of chromium trioxide,
but this is out of the scope of authorization.
Questions on Cr(VI) authorization procedure
W. Richtering – CASF, Vaughan, Canada – 18/11/201529
*SVHC: Substance of Very High Concern
Proprietary and Confidential
Our first priority is the development of Cr(VI)-free alternative processes for all plating applications
In parallel Atotech actively supports the authorization process to secure a sustainable business environment for our customers and end-users until Cr(VI)-alternatives have been qualified
Atotech strategy on Cr(VI)Summary
W. Richtering – CASF, Vaughan, Canada – 18/11/201531
Proprietary and ConfidentialSafety. Compliance. Sustainability.
Borates
Proprietary and Confidential
Boric acid and sodium tetraborate were proposed by ECHA for inclusion in Annex XIV, meaning authorization‒ The EU Member States confirmed this approach
Currently the decision is in the hands of the EU Commission
The industry is currently trying to convince the EU Commission that restriction is the better approach- the outcome is open to date
Besides the plating sector, dozens of other industry sectors would be affected by the authorization requirement
Boric acid and sodium tetraborate proposed for authorization
W. Richtering – CASF, Vaughan, Canada – 18/11/201533
Proprietary and ConfidentialSafety. Compliance. Sustainability.
Cobalt
Proprietary and Confidential
35 W. Richtering – CASF, Vaughan, Canada – 18/11/2015
Five Cobalt Salts Proposed for Restriction
Cobaltdichloride, -carbonate, -acetate, -nitrate and -sulfate
The cobalt salts are proposed for restriction instead of authorization‒ Under authorization the industry needs to apply for an authorization,
prepares a dossier showing the case (industry takes the lead)‒ Under restriction the authorities prepare a dossier that shows why the
substance is dangerous and needs to be restricted (authorities take the lead)
A cobalt salts restriction might look like Annex II of ELV
Proprietary and Confidential
36
Restriction instead of authorization proposed‒ Surface treatment is one of the applications of concern
In contrary to authorization, authorities take the lead‒ The industry has 6 months for „official input“‒ The industry has to make authorities aware of substance applications
For the cobal salts a decision by EU authorities should already have been taken in 2015‒ It is not clear why the decision is not yet made- no transparency‒ Rumors say that a decision will be made mid 2016, however the direction
of the decision is absolutely unclear
Cobalt Salts Restriction Case in Detail
W. Richtering – CASF, Vaughan, Canada – 18/11/2015
Proprietary and ConfidentialSafety. Compliance. Sustainability.
NPE(Nonylphenolethoxylates)
Proprietary and Confidential
W. Richtering – CASF, Vaughan, Canada – 18/11/201538
NPE under REACh
News from EU Commission's meeting end of October 2015:
This means that NPE is almost under authorization (law could be
issued in Q1 2016).
Based on the draft of Annex XIV this would result in a sunset date in
Q3/Q4 2019, meaning no usage after that date without authorization.
For China:
NPE falls under a specific regulation, the Decree 591. This implies that specific
import and usage permits are required for NPE.
Proprietary and Confidential
Nickel compounds‒ Today no nickel compound is on the SVHC candidate list‒ In 2015 EU member states may decide on listing nickel compounds (e.g.
nickel sulfate) as SVHC* candidates
more in the following talk......
Other potential SVHCs
W. Richtering – CASF, Vaughan, Canada – 18/11/201539
*SVHC: Substance of Very High Concern
Proprietary and Confidential
K(orea)-REACh came into force 01 Jan 2015‒ Atotech is in compliance with K-REACH despite a lot of minor and major
issues of the law‒ The first list of ~500 substances to be registered until 2018 is available
Mainly high volume and highly toxic substances‒ First list of SVHCs still to come
Taiwan-REACh‒ The toxical substance control law is giving the outline of substance
registration in Taiwan‒ Update came into effect on 11 December 2014‒ New substance registration already started‒ Start of implementation with pre-registrations (similar to EU-REACh)‒ Authorities will decide on registration based on volumes, hazard criteria,
etc.
Chemical Legislation outside Europe
W. Richtering – CASF, Vaughan, Canada – 18/11/201540
Proprietary and Confidential
Summary
Today, CrO3 is 1 of 31 substances on
Annex XIV, i.e. subject to authorization
Atotech
No. 1 priority is the development of
Cr(VI-free processes
for pretreatment and plating
Atotech actively
supports CTAC for Cr(VI)
authorization of decorative and functional applications during transition to Cr(VI)-free
Number of specific substance restrictions in
China
increased from 3800 in 2002 to
> 5000 in 2015
Sunset date for non-authorized intended uses of CrO3 is 21.
Sept. 2017
2013 CORAP update draft
proposes 125 substances for
evaluation in 2014 - 2016
EU Goal: > 450 SVHCs reviewed by
2020
Decision onBorate
authorization expected in
2015
2015 CORAP update draft
proposes 138 substances for
evaluation in 2016 - 2018
CORAP: COmmunity Rolling Action Plan (update 28. Oct. 2015
Proprietary and Confidential
Summary
2015 CORAP update draft
proposes 138 substances for
evaluation in 2016 - 2018
Today, CrO3 is 1 of 31 substances on
Annex XIV, i.e. subject to authorization
Atotech
No. 1 priority is the development of
Cr(VI-free processes
for pretreatment and plating
Atotech actively
supports CTAC for Cr(VI)
authorization of decorative and functional applications during transition to Cr(VI)-free
Number of specific substance restrictions in
China
increased from 3800 in 2002 to
> 5000 in 2015
Sunset date for non-authorized intended uses of CrO3 is 21. Sept. 2017
EU Goal: > 450 SVHCs reviewed by
2020
Decision onBorate
authorization expected in
2015
Atotech continues to develop sustainable technologies and processes replacing
SVHC
CORAP: COmmunity Rolling Action Plan (update 28. Oct. 2015
Proprietary and ConfidentialSafety. Compliance. Sustainability.
Thank you for your attention!