Update of Regulatory Affairs that Concern and in ck Affect Brass - PowerPoint PPT Presentation

ng se le he Update of Regulatory Affairs that Concern and in ck Affect Brass and Copper Alloys ck. Carrie Claytor | Copper Development Association | Director of Health, Environment, and Sustainable Development ze 5 April 2017 ASTM B05 Committee, Toronto CANADA

Copper Alliance Health, Environment, and es Sustainable Development (HESD) Program vel ist on nd er ced 2 | 5 April 2017 B05 Workshop xt

Approach for Evaluating Risks and es Opportunities Impact Urgency Geographic scope Probability of occurrence (%) vel ist on Operating cost impact ($M) Time to impact Market impact (kt Cu) Industry scope Reputation impact Ability to influence Critical Immediate action and significant resources High Action and resources required Moderate Monitor and small amount of resources Low Acceptance and little to no resources nd er ced 3 | 5 April 2017 B05 Workshop xt

Regulatory Issues Map CRITICAL HIGH TSCA IMO Corrosivity IRIS Assessment CMP Assessment Conflict Minerals Lead & Copper Rule Reduction of Lead in Inhalation OEL Drinking Water Act Green & Healthy MSGP for Stormwater Building GHS Classifications Water Quality Criteria & SDS 4 | 5 April 2017 B05 Workshop

Changing Political Climate in DC: es Important Considerations for US Regulations Rulemakings • New: Executive Order (EO) mandating that, for every new major rule, vel ist agency has to identify 2 they will revoke (legal challenge pending) on • In process: Temporary hold on finalizing rules • Recently finalized: Congressional Review Act, last 60 legislative days Other Deregulation Initiatives • White House Regulatory Review Taskforces • Executive Branch Reorganization EO • House bills: 5 (and counting) Major funding cuts to EPA • 50 programs potentially eliminated nd er ced 5 | 5 April 2017 B05 Workshop xt

Critical Issues on es to ce 6 | 5 April 2017 B05 Workshop

Toxic Substances Control Act (TSCA) es RISK Restrictions of copper (and alloying elements), following vel ist assessments conducted on under “new TSCA” US law that regulates chemicals • Reviewing and commenting in commerce, reformed in 2016 on rulemakings to establish EPA implementation policies • Widespread bipartisan support • Ensuring Congressional • Expected to reduce jurisdictional expectations are met by EPA inconsistencies amongst State chemicals management policies • State-of-science on metals risk assessment used in • Important metals-specific decision-making provisions in legislative text nd er ced 7 | 5 April 2017 B05 Workshop xt

EPA Integrated Risk Information System es (IRIS) Assessment for Copper OPPORTUNITY Positively influence update of copper assessment vel ist on • Conducting feasibility study to Database of human health effects determine if newer data that may result from exposure to indicate update possible* substances found in environment • Pending results: • No direct regulatory implications, engage EPA to determine referenced by other programs likelihood of update and/or • Copper profile last updated 1988 independently publish profile • 2015 IRIS agenda included *IRIS program elimination being considered; some metals, but not copper on hold until EPA budget details released nd er ced 8 | 5 April 2017 B05 Workshop xt

Conflict Minerals Regulations es RISK Jurisdictional inconsistencies causing market confusion and vel Supply chain due ist unfavorable policies limiting on diligence market access requirements • Developing strategy based • Historically: 3TG from armed on risk scan conducted conflict regions of DRC by specialized conflict • Moving towards: any mineral in minerals & human rights firm location with systemic issues • Working with ICMM and • EU Conflict Minerals Regulation OECD on MRH to prevent (conflict areas not defined) blacklisting, encourage use • OECD Mineral Risk Handbook of reliable information (MRH) (copper included) nd er ced 9 | 5 April 2017 B05 Workshop xt

Inhalation Occupational Exposure Limit es (OEL) for Copper RISK More stringent limit being considered in EU influencing vel ist OELs in North America on Requirements for risk reduction measures affecting competitiveness Proposal to lower OEL 100X by • Assembled independent Germany, UK, European panel to recommend Commission research and advocacy • No indication OSHA or ACGIH needed to resolve uncertainty moving to lower OELs at this • Implementing plan to derive time scientifically-based limit nd er ced 10 | 5 April 2017 B05 Workshop xt

Green & Healthy Building Requirements es RISK Barriers to market and training opportunities for copper vel ist products on • Encouraging transparency documentation and Environmental Product Declarations (EPDs) Information on: • Evaluating copper’s product ingredients, contribution to green & environmental impacts, healthy building schemes potential human health hazards • Monitoring and correcting use • Certification schemes driving of inappropriate hazards increased demand nd er ced 11 | 5 April 2017 B05 Workshop xt

Globally Harmonized System of es Classification and Labelling (GHS) OPPORTUNITY Align health, environment, and safety considerations for vel ist copper in GHS-compliant SDS on • Developed and maintaining templates for US, Canada Chemical hazard classification RISK criteria and communication Identification of copper elements for use around world products as hazardous in • Inconsistent information in green & healthy building schemes Safety Data Sheets (SDS) • Re-classifying in NZ, • Un-harmonized copper developing strategy for Japan classifications (e.g., NZ, Japan) nd er ced 12 | 5 April 2017 B05 Workshop xt

High Priority Issues on es to ce 13 | 5 April 2017 B05 Workshop

International Maritime Organization (IMO) es Regulations RISK Producer costs for copper concentrate transport vel ist increasing, and being passed on down to fabricators Classifications for cargoes • ICMM expert panel convened based on environmental and to discuss needs for research, human health considerations short term advocacy, long- • ”Corrosive” classification term advocacy possible for copper • Conducting project to evaluate concentrates corrosivity test, developing more appropriate method for concentrates nd er ced 14 | 5 April 2017 B05 Workshop xt

Canadian Chemicals Management Plan es (CMP) Assessment for Copper RISK Canadian CMP assessment resulting in Environmental copper being found “CEPA vel Protection Act ist toxic” on (CEPA) initiative to reduce risks posed by Requirement for risk chemicals to Canadians and management strategies, their environment which could include bans and/or trade restrictions • Assessment of copper and its compounds underway • Collaborating with Canadian authorities to provide • Concerning precedents for information and participate in other metals with complete assessment to extent possible assessments nd er ced 15 | 5 April 2017 B05 Workshop xt

EPA Lead and Copper Rule (LCR) es RISK Use of copper-brass fittings and copper tubes & fittings will vel ist be directly or indirectly on restricted in updated LCR Requires monitoring lead and • Changes potentially positive copper in drinking water at taps for copper, based on health- à corrosion control based benchmark in development for lead • Under the microscope following Flint, MI drinking water crisis • Working with ILA to monitor and influence EPA activity • More restrictive LCR in MI? • Long-term revisions expected in 2017 nd er ced 16 | 5 April 2017 B05 Workshop xt

EPA Reduction of Lead in Drinking Water Act es (RLDWA) Rule RISK Decreased ability to recycle copper-brass given increased vel ist use of and limited ability to on segregate lead-free brass alternatives Establishes labeling • Submitting comments to requirements to meet RLDWA educate EPA on sorting objectives challenges • Open for comment until 17 April • Help build collaborative relationship to explore • Relates to concerns regarding potential solutions copper-brass scrap stream contamination nd er ced 17 | 5 April 2017 B05 Workshop xt

EPA Multi-Sector General Permit (MSGP) es for Stormwater RISK Restrictions or bans of architectural products that vel ist contribute to copper in on stormwater Establishes stormwater limits More stringent monitoring and enforceable in select states, control requirements in used as template for establishing industrial stormwater permits stormwater limits in others • Engaging members of • Recently revised in 2015 Congress to advocate for • CDA/IZA submitted extensive consideration of CDA/IZA comments; no changes made concerns in NRC study and • EPA lawsuit à 2016 settlement next revision agreement requiring National Research Council (NRC) study nd er ced 18 | 5 April 2017 B05 Workshop xt