2009 Due Dates for Stakeholder Input on Chemicals Proposed for Addition to the Stockholm Convention on Persistent Organic Pollutants

            On December 8, 2008, U.S. EPA announced the process that the U.S. Government would follow for obtaining stakeholder information for chemicals proposed for addition to the Stockholm Convention on Persistent Organic Pollutants. (POPs) (73 Fed. Reg. 74488).  The chemicals currently under review include two industrial chemicals, short chained chlorinated paraffins and hexabromocyclododecane, and a pesticide, endosulfan.  The chemicals are being considered for listing in the Annexes to the Convention at the fourth meeting of the Conference of the Parties (COP 4) in Geneva, Switzerland, May 4 -8, 2009.  The Convention is a global treaty to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, and accumulate in the fatty tissue of humans and wildlife.   

           

            Listing is significant because the Convention requires the Parties to reduce or eliminate production and use of POPs listed in Annex A or B.  The Convention also calls upon Parties to take specified measures to reduce releases of POPs listed in Annex C.  Because the United States has signed but not yet ratified the Convention, it participates as an observer.  As such, the United States may provide submissions for review during the listing review process.    The process for listing new chemicals on Annexes A, B, and/or C includes the following five steps:  (1) proposal by any Party to the Convention for listing a new chemical including screening information; (2) application of the screening criteria by the POP review committee; (3) development of a risk profile that includes technical comments and information; (4) development of a risk management evaluation based on technical comments and social-economic considerations; and (5) listing the chemical in Annex A, B and/or C and related control measures. 

 

            While the deadline for information for the risk profile and risk management evaluation for the chemicals under review has passed, stakeholders still have an opportunity to comment on the draft risk profiles and risk management evaluations and other documents.  Draft risk profiles and risk management evaluations are expected to be posted early-to-mid April, and U.S. EPA is requesting that U.S. stakeholders submit comments or information no later than 15 calendar days before the Convention Secretariat’s comment deadline that is expected to be in late May.  Comments and information should address specifics about production, uses, releases, monitoring data, technical feasibility of alternatives, costs, etc.  Additional documents, including the final draft risk profiles and risk management evaluations, will be posted on the Convention’s web site at http://chm.pops.int/ in March or April 2009.  U.S. EPA is requesting comments on those documents no later than 20 days before the May 2009 meeting.       

 

            In the future, U.S. EPA intends to publish a notice in the Federal Register when a chemical is first proposed and will make a good-faith effort to issue e-mail reminders of upcoming due dates to interested parties.  To receive U.S. EPA’s e-mails, chemical and pesticide manufacturers, importers, processors, and other interested parties should send an e-mail with their preferred e-mail address to Amy Breedlove in the Chemical Control Division of U.S. EPA’s Office of Pollution Prevention and Toxics at:  breedlove.amy@epa.gov.  For additional information on U.S. EPA’s process for obtaining stakeholder input on chemicals proposed for listing, contact Gale Lea Rubrecht at 304-340-1200 or galelea@jacksonkelly.com.

 

This article was authored by Gale Lea Rubrecht, Jackson Kelly PLLC. For more information on the author see here.