November 5, 2002

EUROPEAN DEVELOPMENTS ON ALKYLPHENOLS
Questions and Answers

Q.	Have nonylphenols or nonylphenol ethoxylates been banned by the European Union?
A.	No. The European Union (EU) has been working on adopting restrictions on certain uses of nonylphenol and nonylphenol ethoxylates through a Marketing and Use Directive although such restrictions have not been finalized. Once finalized, these restrictions will need to be adopted and transposed into regulations at the level of the individual European Member States.
Q.	Will the EU Marketing and Use Directive ban ALL use of NP and NPE?
A.	No. The Marketing and Use Directive being considered by the EU does not apply to all uses. It is very specific and will be limited to those uses explicitly identified in the Directive. While the proposed Directive covers a broad spectrum of uses, the manufacture of NP and NPE will not be banned and any use not explicitly identified can continue. For those uses targeted for restriction, NP and NPE can continue to be used if they are present in products at concentrations less than proposed thresholds, which were 1% for NPE and 0.1% for NP. Germany has proposed lowering the threshold for NPE in products to 0.1% as well. Updates on the status of the EU Marketing and Use Directive for NP will be posted on the APERC website (www.aperc.org)
Q.	Are alkylphenols restricted anywhere in Europe?
A.	NP/NPEs can currently be freely used throughout most of Europe. Only two countries have adopted their own restrictions in advance of the European Union. The Norwegian Product Control Act proposed a ban, which does not apply to the use of these compounds in cosmetics, plant protection products, medical products for human and veterinary use, and chemicals intended for research and analysis purposes, which are covered by other laws. Also, solid articles are exempt from the regulation. Additionally, Belgium recently announced a proposed phase-out by 2006 of AP and APEs in agricultural pesticides (crop protection products.) As of October 12, 2002, certain pesticide products on the Belgium phase-out list can no longer be sold in the Belgium market. Other pesticide products, which are currently on the market, can still be sold until April 12, 2003, and used until April 12, 2004. For still other AP/APE containing pesticides, authorization holders are given until 2005 to eliminate AP/APE from their products. After January 2006, AP/APE-containing pesticides will not be permitted on the Belgian market. Updates on the status of the Belgium phase-out of AP/APEs in pesticides will be posted on the APERC website (www.aperc.org.)
Q.	I've heard about some action in the UK. What's the story?
A.	Environmental levels of NP/NPE are generally very low except in "hot spots" where wastewater treatment may be inadequate. The UK has had a few of these "hot spots." As such, these products came to the attention of the UK Chemicals Stakeholder Forum. The UK government formed the UK Chemical Stakeholder Forum to allow all interested parties to have a voice in determining how to manage risk to the environment or to humans through environmental exposure from the manufacture and use of chemical products. Believing that risk management is needed in the UK faster than the EU can implement the Marketing and Use Directive, the Forum recommended in June 2002 that the UK government seek to establish formal voluntary agreements with industry to substantially reduce the use of NP/NPEs. The Department for Environment, Food & Rural Affairs (DEFRA) will be meeting with industry to discuss this recommendation. APERC is closely following developments in the UK, and is integrated into the process through our member companies and through our sister organization, the European Council for Alkylphenols and Derivatives (CEPAD). Updates on the status of the UK Chemical Stakeholder Forum recommendation will be posted on the APERC website (www.aperc.org.)
Q.	Is the United States expected to adopt restrictions similar to those in Europe?
A.	There are currently no efforts to restrict any use of NP or NPE in the United States. The US EPA completed its investigation of NP/NPE several years ago and concluded that NP degrades more extensively than previously thought and is generally not present at levels of concern in US waters. The US EPA will soon adopt an ambient Water Quality Criteria (WQC) for NP, which will define an acceptable level of NP in ambient waters. Previous monitoring efforts in the US generally found levels in the environment at concentrations less than the WQC. As such, little impact on either industry or municipalities is expected from the adoption of the WQC. It is significant to note that the anticipated WQC concentration that EPA is likely to issue (~ 5.8 ppb) will be more than 10 times the acceptable level adopted by the European Union. (More on this below.) The Alkylphenol industry is encouraging EPA to issue its WQC on an expedited basis.
Q.	Why are the Europeans and the United States taking such different actions regarding NP and NPE?
A.	There are several reasons, partly philosophical, partly technical and partly political. On the technical side, the US used a robust, statistically based model for assessing risk while the EU used a more simplistic "worst-case" model. Additionally, in the United States, modern waste treatment facilities are the norm at both the plant and municipal levels, which greatly reduces the risk of adverse effects of any chemical wastes. Philosophically and politically, the European countries have tended to rely on a highly conservative interpretation of the "precautionary principal" in the regulation of risk. Therefore, there is a tendency to favor restricting product use rather than requiring improved pollution controls. In summary, the EU's proposed marketing and use restrictions for NP/NPE was based on a risk assessment that used the most conservative assumptions and worst case scenarios leading to the conclusion that there is risk to the environment and that the best way to manage that risk is to restrict uses of the product. APERC believes that with proper wastewater treatment, the use of these products present minimal risk to the environment.
Q.	I'm an American Company that uses NP/NPE. What do the EU developments mean to me?
A.	American facilities based in Europe are governed by the laws of the country where the facilities are located. US-based companies that export products to Europe will be affected as regulations are promulgated in individual countries, but this process will likely take at least two years.
Q.	I ship NP/NPE products to Europe. Are there any labeling requirements?
A.	Labeling for nonylphenol and some other chemicals was considered by the European Commission's Classification and Labeling Committee at the end of 2001. At that time, it was proposed to add Category 3 Reproductive Toxicant to the classification for NP, which is currently classified as C-Corrosive and N-Harmful to the Environment. If the Committee decides to implement Category 3 Reproductive Toxicant labeling for NP, labeling would not be required for any products containing less than 5 percent of the chemical. Virtually all consumer products containing NPE fall into this category and therefore would not be affected by the proposed Category 3 Reproductive Toxicant labeling. APERC and CEPAD are involved in the classification process and will continue to support the Committee's consideration of available data, which show that NP does not affect reproduction and should not be classified as a reproductive toxicant. Updates on the status of the EC Classification and Labeling Committee decision will be posted on the APERC website (www.aperc.org.)
Q.	Where can we find more details about the status of NP and its derivatives in the EU?
A.	The European Chemical Industry Federation (CEFIC) in Brussels and the Chemical Industries Association (CIA) in Britain have been following these developments closely and can be helpful in general terms. Individual industry associations (e.g., pulp and paper) will have more specific information. Visit the Alkylphenols & Ethoxylates Research Council website (www.aperc.org) and the European Council for Alkylphenols and Derivatives (CEPAD) website (http://www.cefic.org/cepad/) for regular updates on the science and regulatory status of NP/NPE, other alkylphenols and their

 

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