It was recently announced that the European Commission (EC) needs more time to decide on the authorisation of chromium (VI), so the much-discussed "REACH sunset date" of 21/09/2017 will be postponed until the EC has made a decision. Chromium(VI) is used for hard chromium plating, chemical pretreatment and passivation of metal, among other things.
However, what is unknown to many metal processing companies in SMEs is that in addition to the REACH legislation on chromium VI, the Carcinogenic Substances Directive (2004/37/EC) must also be complied with. This requires a hazardous substance to be substituted if this is technically possible in the specific process. This is because chromium (VI) is a substance with a so-called non threshold value, which means that it can be carcinogenic from any exposure.
For specific applications such as aerospace, defence and nuclear applications, the continued use of chromium (VI) will most likely be accepted, as there are global and European safety regulations for these applications. This will then only be possible under very stringent process conditions. A frequently asked question to AD as a chemical supplier is therefore: How does AD International expect chromium (VI) use to be viewed in applications where alternatives have already been available for a long time? This article presents the current state of affairs regarding chromium (VI) and AD's vision using the facts known to date.
Reach restrictions on the use of Chromium VI
Restrictions already existed in EC legislation and were adopted when REACH Regulation No 1907/2006 came into force on 1 June 2007. Annex XVII contains prohibitions on marketing cement and leather goods containing too much Chromium VI, for example. In addition, many European countries have defined limits to control exposure to chromium (VI).
Based on the CMR (carcinogenic, mutagenic and reprotoxic substances) properties, the EU has decided to put chromium trioxide and sodium dichromate on the list of SVHC (Substances of Very High Concern) substances. There are several options in the REACH legislation to regulate the use of SVHC substances. These options range from a total ban, or a ban of a certain use, to setting a European exposure limit or setting up an authorisation system. In the case of Chromium trioxide and Sodium dichromate, the EU has chosen to move towards an authorisation system through "Authorisation". After the announced "sunset date", it would no longer be allowed to continue using these substances without authorisation. This transition date is 21/09/2017 for both Chromium trioxide and Sodium dichromate. The application for authorisation ("Application of Authorisation") had to be submitted by importers/suppliers no later than 18 months before this date.
As importer, AD submitted the Authorisation application together with two other market parties. In all probability, a general Authorisation will be granted for a period of 4 years with a longer period for very specific applications. Since a new application must again be submitted on time, this also means that a re-evaluation dossier must be drawn up 2 years before the expiry date, in order to be able to submit a request for granting the Authorisation on time. This dossier must then contain all new techniques and products available on the market with a justification as to why these cannot serve as a replacement in the chromium (VI) containing process used.
However, this does mean that the end user (read applicator) must comply with the type of use as included in the authorisation dossier. AD International advises companies to already now work towards full compliance with the obligations arising from the Authorisation dossier in terms of use and process conditions as well as the included measurement and monitoring obligation. The reason for this is that the obligations from the Authorisation dossier are subject to inspection by the National Competent Authority after a final decision by the EC. Immediately after this final European decision, any company wishing to use a Chromium (VI) product for which an Authorisation dossier applies must report its use to ECHA and update this annually. At that time, a user can also only purchase its Chromium (VI) containing products for which Chromium (VI) has been processed as a raw material from an authorised source (REACH-registered suppliers such as AD).at that time. It is obvious that the registration list listing the companies that have reported their use will also serve as input for inspection services to carry out targeted controls.
Carcinogenic substances: limit values (OEL) Chromium (VI)
The Dutch government has decided that from 1 March 2017 the legal limit for Chromium(VI) will be lowered to 1 µg/m3, noting that it may be further lowered to 0.01 µg/m3 at a time to be determined if this is technically possible. This new limit is based on the dose-response curve published by ECHA as part of the Authorisation process. This shows that the old legal limit values for chromium (VI) compounds pose a higher risk of cancer than previously thought. The trend in policy is for these values to be consistently lowered, not only in Europe but worldwide. Witness also the legal limits in, for example, the USA. For an overview of European and US limit values, see the table below.
Does chromium (VI) still have a right to exist in metal surface treatment?
The additional requirements such as the reduced emission limits and the new exposure limits will require a major effort for many companies to stay within the legal limits. Especially companies not working with closed systems, and those working with spray or open dip and cascade applications will have to critically review exposure and design to meet the new requirements. In sections where, for example, spray systems or other non-enclosed systems are used, access must be restricted to authorised personnel, equipped with the correct PPE (PPE), it must be worn at all times within these areas.
In addition, the RAC and SEAC (the technical and economic committee) referred directly to the Carcinogens Regulation (2004/37/EC) in their authorisation assessment. This requires (in brief) the following roadmap:
- hazardous substance is replaced if this is technically possible in the specific process
note, this should be assessed per item/use, not generally for the whole company - Apply physical separation between hazardous substance/process and employee
- application of PPE
In addition to the measurement obligation in the Authorisation, the end-user must demonstrate continuous improvement regarding (potential) exposure to Cr(VI) by means of a minimum annual measurement campaign:
- measurement of processes and workers
- data must be accessible without restriction for national announced and unannounced inspections
Waste water and emissions to air also fall within the measurement obligations, with similar conditions.
This means companies have to prove to the local inspection why substitution of Chromium(VI) for a particular purpose cannot take place. For specific applications such as in aerospace, defence and nuclear applications, this will most likely be accepted, as there are global and European regulations and standards regarding safety for these applications. However, for applications such as the chemical pre-treatment of aluminium and galvanised steel, for instance, where validated alternatives with quality labels such as GSB, Qualicoat and Qualisteelcoat have been available for several years, one will have to be very strong to prove that substitution is not possible.
As soon as a suitable alternative becomes available, the legislation on working with carcinogenic substances requires a substitution plan to be drawn up. A requirement to adapt the processes could then be imposed by local inspections.
Vision AD on the use of chromium (VI)
AD International's vision as a company is: "Replacing chromium(VI) is possible in 95% of cases; Authorisation only where it is not technically feasible"
If technically equivalent alternatives are considered, they are widely available to the surface treatment company active in chemical pre-treatment prior to powder coating and wet painting.
Given the increasingly stringent limit values, it is expected that companies that do not yet work chromium(VI)-free will also take the step to an alternative system within the foreseeable future where, in addition to occupational health and safety and environmental aspects, the investment to continue working with chromium(VI) will not outweigh the switch. There is also a noticeable trend where end customers such as architects increasingly value less environmentally damaging solutions.
In the coming years, AD will focus strongly on the (continued) development of chromium (VI)-free systems, because it believes this is where the future of more sustainable industrial processes lies.
This blog was written by Roland Schellen. View his profile here.
Photos: AD International and Wikipedia
