STATE REGULATION MEASURES TO ENCOURAGE INCREASE IN COAL ASH UTILIZATION IN POLAND AND EUROPEAN TRENDS IN COAL ASH UTILIZATION –

REACH AS A BASIS FOR SAFE COAL COMBUSTION PRODUCTS MANAGEMENT

Andrzej Jagusiewicz, P rzemysław Olszaniecki

Chief Inspectorate of Environmental Protection, Warsaw, Poland

The main question for the companies dealing with Coal Combustion Products is ….

•What CCPs are according to European legislation? •Are they waste or substances or…maybe something between?

Types of EU legislation



Directives

– operates through national legislation – must be transposed to national legislation 

Regulations

– are directly applicable in all Member States – do not need to be transposed to national legislation – Member States provide a system of official controls (enforcement) and lay down the provisions on penalties applicable for infringement of the provisions of the Regulation

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008

on waste and repealing certain directives

(Official Journal of the European Union L 312, 22 November 2011)

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:en:PDF

The definition of waste in the directive is: ‘waste’ means any substance or object which the holder discards or intends or is required to discard; In article 4 a waste hierarchy is pointed. According to it, the following shall apply as a priority order in waste prevention and management legislation and policy: (a) prevention; (b) preparing for re-use ; (c) recycling ; (d) other recovery, e.g. energy recovery; and (e) disposal.

Opportunities to treat some resources (having handled as waste so far) as non- waste.

The first step is to benefit from the new concept of Waste directive presented in:

Article 5 “

By-products ” „

A substance or object, resulting from a production process, the primary aim of which is not the production of that item , may be regarded as not being waste referred to in point (1) of Article 3 but as being a by product only if the following conditions are met:

(a) further use of the substance or object is certain (b) the substance or object can be used directly without any further processing practice other than normal industrial

(c) t

he substance or object is produced as an part of a production process; and integral (d) Further use is lawful , i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts .

Polish law on waste

• In Poland we have additional legal conditions for treating a resource as a by-product.

• According to the Polish Act from 14.12.2013

on waste,

a manufacturer of an article or substance is obliged to submit to the competent authority (a marshal from the voivodship where the production is conducted), an application for recognition of an article or substance as a by product.

Polish law on waste

• Application for recognition of an article or substance as a by-product includes: – the name or business name and address of the residence or business; – tax identification number (NIP) and the entrepreneur’s registration number (REGON), if one has been ascribed; – the place of production of an article or substance provided for recognition as a by-product ; – an indication of an article or substance provided for recognition as a by-product, and their weight; – a description of the manufacturing process of an article or substance, and the process in which they will be used .

Polish law on waste – (2)

• Recognition of an article or a substance as a by product occurs if the voivodship marshal does not oppose by decision within three months from the date of submitting an application.

• The minister responsible for the environment may determine, by regulation, the detailed criteria for the recognition of an article or substance as a by product in the interest of the environment, human life or health. By now Minister of Environment has not issued the mentioned regulation.

WFD -Conclusions

• There is a measure in European and Polish legislation to go out from waste legislation with CCPs:  to treat them as by-products and consequently not to store them on landfills

WFD-Conclusions (2)

 It may be very profitable  Costs of placing the CCPs on landfills are very high – approximately 50 PLN/Mg = 12 €/Mg.

 Operation of coal-fired power plants is influenced by other European Directives (IPPC, LCP, IED) and Decisions which aim at reduced emissions into the environment. Fulfilling all these duties generates another costs  It is better to balance it with earning money on CCPs selling.

WFD-REACH - LINK

• However, if CCPs are not treated by the owner as waste, they are considered in the REACH’s light as substances.  But placing ashes on a landfill is complexly much more expensive than meeting REACH main obligation – registration.

• And an establishment producing CCPs becomes a MANUFACTURER in REACH system. It generates costs, but lower than placing CCPs on a landfill.

 Regulation (EC) No

1907/2006

of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (

REACH)

(Official Journal of the European Union L 136, 29 May 2007)

• http://eur lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2006R1907:20120601: EN:PDF

REACH came into force on 1st June 2007 and replaced a number of European Directives and Regulations (about 40 pieces of legislation) with a streamlined, single system.

 Other legislation regulating chemicals (e.g. on cosmetics, detergents) or related legislation (e.g. on health and safety of workers handling chemicals, product safety, construction products) not replaced by REACH will continue to apply.  REACH has been designed not to overlap or conflict with the other chemical legislation.

Why REACH has been created?

   In the former system for the control of chemicals in the European Union there were separate rules for

"existing"

and

"new"

substances.

“

Existing substances

” – all substances that were present at the EU market in the period 1971-1981 "

New substances

” – all substances, that appeared on the EU market after 19 September 1981

Why REACH has been created?

 no adequate information was available on the vast majority of substances presented in the EU market  no sufficient data about the effects of most substances on human health and the environment

REACH amends this situation

 There is no more division on "new" and "existing" chemicals - they are both covered by the REACH system.

 The responsibility for carrying out a risk assessment and testing of the substance has been moved from the authorities to the industry.

Aims of REACH

 To

improve the protection of human health and the environment

through increasing knowledge about substances manufactured /used /marketed in the EU.

Aims of REACH

 To make the people who place chemicals on the market responsible for understanding and managing the risks associated with their use.

Aims of REACH

 Progressive substitution of the most dangerous chemicals if suitable alternatives have been identified.

Aims of REACH

 Reduce to a minimum research on vertebrate animals  Promote the use of alternative methods for the assessment of the hazardous properties of substances, e.g.

quantitative structure-activity relationships

(QSAR) and

read across

.

Aims of REACH

 This Regulation is based on the principle that it is for manufacturers, importers and downstream users to ensure that they manufacture, place on the market or use such substances that do not adversely affect human health or the environment.

Its provisions are underpinned by the precautionary principle (from RIO).



Opposite to previous system – everything what was not forbidden was permitted

Why REACH is better than WFD?

• Companies have to: – identify and manage the risks linked to the substances they manufacture and market in the EU. – demonstrate to European Chemical Agency (ECHA) in Helsinki how the substance can be safely used – communicate the risk management measures to the users. • To do it they charge a set of analysis and on that basis they prepare a very comprehensive registration dossier – . It is much more reliable than documentation under waste legislation.

So, it is obviously safer for people and environment to treat CCPs as substances rather than waste.

REACH – who is concerned?

  There is no direct obligation for any person from outside of the EU  REACH creates direct obligations only to physical and legal persons established in the European Union However, indirectly REACH affects to a great extent all enterprises exporting chemicals (and not only chemicals) to the European Union

Basic elements of REACH

  

Registration

– all substances produced or imported above 1 tone yearly must be registered

Evaluation

– it is the duty of Member States

Authorisation

– new requirement – will eliminate some substance from the use 

Restriction

- regulate the manufacture, placing on the market or use of certain substances if they pose an unacceptable risk to health or environment

Some important definitions



placing on the market

: means supplying or making available, whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market

Imported substances must be registered

Substance in the meaning of REACH

 A chemical element and its compounds in the natural state …  … or obtained by any manufacturing process,

Substance in the meaning of REACH

 including any additive necessary to preserve its stability and any impurity deriving from the process used,  but excluding any solvent which may be separated without affecting the stability of the substance or changing it composition.

substance may consist of many chemical compounds

Mixture

 If two or more substances are mixed together without chemical reaction, the term „

mixture

" is used.

Article (or products?)

 An object which during production is given a special shape, surface or design

which determines its function to a greater degree than does its chemical composition

Actors

There are three main types of actors involved in the REACH processes: • • •

Industry Authorities Third Parties (e.g. the only representatives)

Industry

 The role of companies under REACH is determined by the activity they carry out with a substance. The following types of industry actors can be distinguished: – – – – –

Manufacturer of substance Producer of articles Importer Downstream user Distributor

Manufacturer of a substance

 Any natural or legal person established within the EU who manufactures a substance in one or more Member States.

Importer (of substance / article)

 Any natural or legal person established within the Community who is responsible for import.  Importing means the physical introduction into the customs territory of the European Union.

Downstream user

 Any natural or legal person established within the EU other than the manufacturer or the importer, who

uses

a substance, either on its own or in a mixture, in the course of his industrial or professional activities.  It may be any industrial user of chemicals, whether formulators of mixtures (e.g. paint producers).

 A distributor or a consumer is not a downstream user.

Authorities

The authorities having obligations and rights in the REACH processes are: 

European Chemicals Agency

(ECHA) in Helsinki, Finland (specifically set up for REACH) 

Member States Competent Authorities



European Commission

The role of Authorities

• To carry out the evaluation, authorisation and restriction processes of REACH • To provide helpdesk assistance • To ensure enforcement under REACH

Third parties under REACH

 Any private and public organisation (e.g. private individuals, public authorities, non-governmental organisations, and non-EU countries).

Establishing national helpdesk

Each country of the European Economic Area (EEA) has established a national REACH and CLP helpdesk to provide information on REACH and CLP obligations.

List of national helpdesks (Member States helpdesks) http://echa.europa.eu/help/nationalhelp_contact_en.asp

Aim of Registration

 REACH requires

manufacturers

and

importers

of chemical substances (

≥1 tonne/year

) to obtain information on the physicochemical, health and environmental properties of their substances and use it to determine how these substances can be used safely.

Which actor has obligation to registration?

Registration is compulsory only for certain actors in the supply chain.

Each “legal entity” established within the Community manufacturing or importing a substance is required to submit its own registration.

• EU

manufacturers and importers of substances on their own or in mixtures

• EU

producers and importers of articles

meeting the criteria explained in the article 7 of REACH Regulation.

•

“Only representatives”

established in the EU and appointed by a manufacturer, formulator or article producer established outside the EU to fulfill the registration obligations of importers.

The

“non-Community manufacturer”

or supplier who is exporting a substance or mixture has no responsibilities under REACH.

Registration

Article 5

No data, no market

• … substances on their own, in mixtures or in articles shall not be manufactured in the Community or placed on the market unless they have been registered in accordance with the relevant provisions of this Title where this is required.

Exemptions from REACH obligation

• There are many exemptions from: – Some partly exclusions (from some duties) – Complete exemptions for substances’groups or individual substances

Exemptions from registration obligation

•

Substance recovered (

as defined in the Waste Framework Directive 2008/98/EC) and recycled in the Community Article 2 (2) (providing certain conditions): - the same substance must have already been registered at manufacturing or import stage, either by a registrant in the same supply chain or by a registrant in another supply chain.

If not, the substance must be registered following the recovery operation and before being put to a new use.

- the substance must be the same, i.e. have the same chemical identity and properties, as the substance already registered - the legal entity that did the recovery must ensure that information on the registered substance is available. If not, the substance must be registered.

The problem with ashes is simple in the above context of exemption… they are not produced intentionally by anybody… only in combustion plants as by-products.

Registration

Registration and notification of substances in articles

• 1. Any producer or importer of articles shall submit a registration to the Agency for any substance contained in those articles, if both the following conditions are met: – (a) the substance is present in those articles in quantities totalling over one tonne per producer or importer per year; – (b) the substance is intended to be released under normal or reasonably foreseeable conditions of use.

When registration has to be submitted?

• Normally, the registration must be done before a substance can be manufactured, imported or placed on the market. • But there are several registration deadlines depending basically on the substance being a phase-in or a non phase-in one, and on the tonnage band and hazard.

Phase-in substance

: If a manufacturer/importer pre-register them, he can then undergo registration in different phases over time (by 30 Nov 2010, 31 May 2013 and 31 May 2018)

Registration till 1 December 2010

 phase-in substances manufactured in the Community or imported, in quantities reaching

1 000 tonnes or more per year

per manufacturer or per importer, at least once after 1 June 2007;  phase-in substances

classified as carcinogenic, mutagenic or toxic to reproduction, category 1 or 2

, in accordance with Directive 67/548/EEC and manufactured in the Community or imported, in quantities reaching

one tonne or more per year

per manufacturer or per importer, at least once after 1 June 2007;  phase-in substances

classified as very toxic to aquatic organisms which may cause long-term adverse effects in the aquatic environment (R50/53

) in accordance with Directive 67/548/EEC, and manufactured in the Community or imported in quantities reaching

100 tonnes or more per year

per manufacturer or per importer, at least once after 1 June 2007.

Registration till 1 June 2013

 phase-in substances manufactured in the Community or imported, in quantities reaching

100 tonnes or more per year

per manufacturer or per importer, at least once after 1 June 2007.

Registration till 1 June 2018

 phase-in substances manufactured in the Community or imported, in quantities reaching

one tonne or more per year

per manufacturer or per importer, at least once after 1 June 2007.

May be registered at any time before those dates

Registration - Highlights



9 084

registrations received for the 2013 deadline  From

3 215

registrants of which 35% were SMEs 

2 923

more substances registered • Now a total of

6 598

chemicals registered since the start of REACH

Registration 2013 – next steps



Next steps for industry Registrants

– Prepare safety data sheets for clients in the supply chain - registration numbers - exposure scenarios giving advice on safe use - Keep information up-to-date 

Downstream users

-

Verify if substances and uses are registered - If not, action

needed

What happens after registration?

ECHA

 examine proposals for new tests on registered substances by 1 June 2016  check compliance of at least 5% of dossiers per tonnage band (target end 2016)

Member States

 substance evaluation  Screening for authorisation/restriction as part of 2020 Roadmap

Enforcement

 no registration, no market

Registration

Article 8

Only representative of a non-Community manufacturer

• 1. A natural or legal person established outside the Community who manufactures a substance on its own, in mixtures or in articles, formulates a mixture or produces an article that is imported into the Community may by mutual agreement appoint a natural or legal person established in the Community to fulfil, as his only representative, the obligations on importers under this Title

Registration

• 2. The representative shall also comply with all other obligations of importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of substances and the information related to them and, without prejudice to Article 36, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on the supply of the latest update of the safety data sheet referred to in Article 31.

Registration

• 3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform the importer(s) within the same supply chain of the appointment. These importers shall be regarded as downstream users for the purposes of this Regulation.

Should CCP Companies establish the only representative?

Registration - Only Representatives

Role in the supply chain % Manufacturer Manufacturer and importer Importer Only Representative of a non-EU manufacturer 40% 12% 25% 23% Non-EU companies can export to the European Union through two different routes under REACH: - either via an importer who has registered the substance, or - by appointing an Only Representative.

Registration

Article 10

Information to be submitted for general registration purposes

• A registration is a set of information electronically submitted to ECHA (through REACH-IT portal) • The higher the volume of the substance, the bigger the quantity of information to be included:  Info on the substances ’ characteristics:  physical, chemical,  hazard to humans, environment  the identity of the manufacturer(s) or importer(s)

Registration

Article 10

 A registration required by Article 6 or by Article 7(1) or (5) shall include all the following information: – (a) a technical dossier including: • (i) the identity of the manufacturer(s) or importer(s) as specified in section 1 of Annex VI; • (ii) the identity of the substance as specified in section 2 of Annex VI;

Registration

 study summaries of the information derived from the application of Annexes VII to XI;  robust study summaries of the information derived from the application of Annexes VII to XI, if required under Annex I;  proposals for testing where listed in Annexes IX and X;  for substances in quantities of 1 to 10 tonnes, exposure information as specified in section 6 of Annex VI;

Registration

 A chemical safety report when required under Article 14

(above 10 tonnes yearly)

, in the format specified in Annex I. The relevant sections of this report may include, if the registrant considers appropriate, the relevant use and exposure categories.

Registration

• Ecotoxicological and toxicological tests and analyses shall be carried out in compliance with the principles of good laboratory practice (

GLP

) provided for in Directive 2004/10/EC or other international standards recognised as being equivalent by the Commission or the Agency and with the provisions of Directive 86/609/EEC, if applicable.

REACH Information requirements – tests

Updating the registration

• • • • • • • Following registration, a registrant shall be responsible on his own initiative for updating his registration without undue delay with relevant new information and submitting it to the Agency in the following cases: (b) any change in the composition of the substance as given in Section 2 of Annex (c) changes in the annual or total quantities manufactured or imported by him or in the quantities of substances present in articles produced or imported by him if these result in a change of tonnage band, including cessation of manufacture or import; (d) new identified uses and new uses advised against as in Section 3.7 of Annex VI for which the substance is manufactured or imported; (e) new knowledge of the risks of the substance to human health and/or the environment of which he may reasonably be expected to have become aware which leads to changes in the safety data sheet or the chemical safety report; (f) any change in the classification and labelling of the substance; (g) any update or amendment of the chemical safety report or Section 5 of Annex VI;

Substance Information Exchange Forums

• All potential registrants, downstream users and third parties who have submitted information to the Agency for the same phase-in substance, or registrants who have submitted a registration for that phase-in substance before the deadline set out in Article 23(3), shall be participants in a substance information exchange forum (SIEF) • The aim of each SIEF shall be to: (a) facilitate, for the purposes of registration, the exchange of the information specified in Article 10(a) (vi) and (vii) between potential registrants, thereby avoiding the duplication of studies; and (b) agree classification and labelling where there is a difference in the classification and labelling of the substance between potential registrants.

Registration – implication for exporters to the EU

• Registration means costs: – fees for registration, – costs of testing, – elaboration of registration dossier – co-operation with other registrants, – 20 languages • Those costs must be paid by importers or exporters from non-EU countries

Authorisation – the aim

• The aim of this Title is to ensure the good functioning of the internal market while assuring that

the risks from substances of very high concern are properly controlled and that these substances are progressively replaced by suitable alternative substances or technologies

where these are economically and technically viable. To this end all manufacturers, importers and downstream users applying for authorisations shall analyse the availability of alternatives and consider their risks, and the technical and economic feasibility of substitution.

Main principles of authorisation

(2/2) • • Some general exemptions: – scientific Research & Development – all intermediates – substances for which management of risks for human health and/or environment are already covered by other relevant Community legislation (medicinal products, cosmetic products, food and feed, food contact material, biocides and pesticides, fuels) – …

NOT

covered by the authorisation requirement: – manufacturing processes – imported articles containing the substance

Substances to be included in Annex XIV (authorisation)

 substances which are carcinogenic, mutagenic and toxic to reproduction,  substances which are persistent, bioaccumulative and toxic   substances which are very persistent and very bioaccumulative substances — such as those having endocrine disrupting properties, equivalent level of concern

Restriction - aim

 REACH foresees a restriction process to regulate the manufacture, placing on the market or use of certain substances within the EU territory if they pose an unacceptable risk to health or the environment.

 Such activities may be limited or even banned, if necessary.

Restriction

 Any substance may be subject to restrictions if it is demonstrated that risks need to be addressed on a Community-wide basis.  Restrictions of a substance can apply to all uses or to specific uses.  There is no tonnage threshold for a substance to be subject to restriction.

Restrictions

 A substance on its own, in a

mixture or in an article, for which Annex XVII contains a restriction shall not be manufactured, placed on the market or used unless it complies with the conditions of that restriction. This shall not apply to the manufacture, placing on the market or use of a substance in scientific research and development.

Restriction

 Annex XVII of the REACH Regulation contains the list of all restricted substances, specifying which uses are restricted.

Supply chain communication

Under REACH, each actor in the supply chain has specific obligation and tasks.

 Communication with the supply chain (up and down) – one of the obligation under REACH

Information in the supply chain

 Requirements for

safety data sheets

 Duty to communicate information down the supply chain for substances on their own or in preparations for which

a safety data sheet is not required

 Duty to communicate information

in articles on substances

REACH Conclusions for CCPs

• Each producer or importer of coal combustion products (CCPs) placed on the market as construction materials have to register their substances. • European (including Polish) Combustions Plants with cooperation with companies using CCPs in other economy’s sectors established special forums (predicted in REACH Regulation - SIEFS) or even commercial consortias to help each other to register CCPs. • They have already submitted their registration dossiers in ECHA. • The outputs from analysis conducted for making dossiers are simple: “ zero emission ” from CCPs.

CCPs – WHAT EXACTLY ARE THEY IN EUROPE?

Concrete Addition 32.6% 5.5% Concrete Blocks Blended Cement 13.9% 22.7% Road Construction, Filling Application 21.8% Cement Raw Material Infill, 2.5% Others, 1.0%

Total production of CCPs in EU 27 is estimated to be ca. 140 million t/a.

Demands of the construction market

• Downstream users of CCPs have of course some expectations as far as quality of these recourses is concerned: – availability of huge amounts of material – constant quality (continuous process) – sufficient product properties (grain size distribution, surface) – long term availability – meeting of technical requirements – environmental compatibility

The CCPs are mainly utilised in

► the building material industry, ► ► ► ► civil engineering, road construction, for construction work in underground coal mining recultivation and restoration purposes in open cast mines. The majority of the CCPs is produced to meet certain requirements of standards or other specifications with respect to utilisation in certain areas.

   saving of natural resources - mining - processing - transport reduction of energy demand reduction of emissions (CO 2 ) needed for or result from manufacturing process of products which are replaced  CCPs are fine grained raw materials  CO 2 reduction in - cement production (0.7

to 1.2 kg CO 2 per kg clinker, dep. on fuel) - concrete when fly ash is used as conc. add.

 saving of drying energy when fly ash is used to dry wet raw materials

Technical regulations on CCPs in Europe

 Beneficial utilization of CCPs over decades led to their acceptance as construction materials by industries and authorities.  Some standards and specifications for CCPs as construction materials, apart from above described legal regulations on ashes, have been established.  There are specific requirements for CCPs as cement raw materials: Selected standards recently revised or under revision are: ► EN 450 Fly ash for concrete ► ► ► ► ► ► prEN 13282 EN 14227 EN 206 Concrete EN 12620 Hydraulic road binder Hydraulically bound mixtures EN 13055Lightweight aggregates EN 13242Aggregates for asphalt Aggregates for concrete European Standards are – once prepared – subject of revision in a 5 year term

REFERENCES

• •

Wasiak-Gromek M

REACH vs. Waste, Warsaw, 2013

Jagusiewicz A., Szczygielski T

. The National Reform Programme for the implementation of Europe 2020 strategy in Poland, Secondary first!, Davos, 2013 •

Lewandowski J., Szczygielski T.

Coal&Anthropogenic Minerals A Global Perspective, Warsaw, 2014: •

Lewandowski J., Szczygielski T.

Energetyka Węglowa (BEW),przyczyny - warunki – działania, Warsaw, 2014: • http://echa.europa.eu/regulations/reach/understanding reach Bezodpadowa

Thank you for your attention