Progress in the Management of Chemicals in Chile

___________________________________________________________________________

2015/SOM3/CD/027 Agenda Item: 6.E

Progress in the Management of Chemicals in Chile

Purpose: Information Submitted by: Chile

15th Chemical Dialogue Cebu, Philippines

27 August 2015

05/09/2015

1

PROGRESS IN THE MANAGEMENT OF CHEMICALS IN CHILE

Ministry of EnvironmentOffice of Waste and Environmental Risk

25 of August 2015

Imagen Referencial

1. Introduction.

2. Regulation of Chemical SubstancesThroughout Their Life Cycle.

3. Management Tools for ChemicalSafety.

4. Main Areas of Progress in theManagement of Chemical Substances.

5. Key Challenges.

6. Conclusions.

CONTENTS

Salar de AtacamaRegión de Antofagasta.

05/09/2015

2

Imagen Referencial

1. INTRODUCTION

Picaflor cordillerano

Ministry of Environment

The country's economic growth over the past 20 years has been a determining factor in the domesticchemical industry, mainly due to increased use of chemicals, in terms of both volume and diversity.

The Chilean chemical industry is made up of approximately 300 companies, which manufacture locallyand distribute around 400 chemicals at national and international level. One should also considercompanies such as Oil Refineries, as well as the Steel, Pulp and Paper, Petrochemical and Copper MiningIndustries, among others.

In this sense, Chile has a worldwide production, among which fertilizers and other inorganic chemicalsstand out, due to the existence of large reserves of natural salts in the north of the country.

We have businesses aimed at foreign markets in the national chemical industry, which have adapted theirproducts to the customer’s specific requirements, for whom they have developed the necessary skills tocompete in the international market. There are also companies specifically focused on the domesticmarket.

Regarding international trade in chemicals, it is important to note that it has been strongly supported bybilateral and multilateral trade agreements, as well as some partnership and complementationagreements.

Given the above, during 2013 Chile made imports totalling close to US$12.180 million, while exportsreached an amount close to US$3.701 million.

1. INTRODUCTION

05/09/2015

3

Imagen Referencial

2. REGULATION OF CHEMICAL SUBSTANCES THROUGHOUT THEIR LIFE CYCLE.

Valle Lluta, Sector MolinosRegión de Arica y Parinacota


2. REGULATION OF CHEMICAL SUBSTANCES THROUGHOUT THEIR LIFE CYCLE.

IMPORT• Customs Low (No. 18.164)• List of Substances Hazardous to

Health (Res. N° 714/2002) – In process of being updated

• Authorisation from MINSAL (Minsitry of Health) (ASDigital)

MANUFACTURING• Health Code - D.F.L. No.

725/67 -• Conditions in the Workplace -

S.D. N° 594/1999

STORAGE• Storage of Hazardous

Substances (S.D. No. 78/2009) – In publicconsultation

TRANSPORT• Transport of Hazardous

Substances (S.D. No. 298/1995) – In process of being updated

DISPOSAL• Hazardous Waste Disposal

(S.D. No. 148/2004)• Pesticide Regulation for

Sanitary and Domestic Use (Decree N°157/2005)

• Conditions in the Workplace-S.D. N° 594/1999

USAGE• Agricultural Protection

Provisions (Law No. 3.557/2009)

• Fixed Standards for Agricultural Pesticide Evaluation (Res. No. 3670/1999)

• Dangerous chemicals(Chilean norm N°382/2004)

• GHS (Globally Harmonized System of Classification and Labeling of Chemicals)

• RETC (Pollutant Release and Transfer Register- DecreeN°1/2013/MMA y Res. Ex. 1139/2004/MMA)

• PNSQ (National ChemicalSafety Policy)

05/09/2015

4

Imagen Referencial

3. MANAGEMENT TOOLS FOR CHEMICAL SAFETY.

Glaciar en Bahía ParryRegión de Magallanes y Antártica Chilena



3.1 Coordinating Instruments

The Ministry of Environment of Chile employs the National Policy on Chemical Safety (PoliticaNacional de Seguridad Química - PNSQ) as a coordinating instrument of the various initiatives,in order to reduce the risks associated with the handling and/or management of chemicalsthroughout their life cycle, in order to protect the environment and human health.

The PNSQ has been in effect since 2008. However, considering the developments in this field atnational and international level, the international agreements Chile has signed (StockholmConvention, Rotterdam Convention, Basel Convention, SAICM) and Chile's entry to the OECD in2010, this instrument needed to be updated and they have been accordingly working on it since2014.

The updating of the PNSQ includes the following strategic objectives and courses of action:

05/09/2015

5


Table 1. Updated National Policy on Chemical Safety (2015-2016)

SPECIFIC OBJECTIVES COURSES OF ACTION

I. Strengthen the institution, theregulatory framework and the controlrelated to the management ofchemicals throughout their life cycle

1. Evaluation, development and/or updating of the rulesapplicable to the management of chemicals throughouttheir life cycle

2. Control of chemical substances throughout their life cycle

II. Prevent risks associated with chemicalsubstances throughout their life cycle

1. Strengthen the implementation of instruments whichimprove the management of chemicals

2. Promote and incorporate the risk assessment of chemicalsthroughout their life cycle.

3. Manage risks throughout the life cycle of chemicalsubstances

III. Promote research, training anddissemination on the management ofchemicals throughout their life cycle

1. Improve access and management of information onchemicals throughout their life cycle

2. Promote research and development of training programsto strengthen installed capacity

IV. Strengthen the management ofpreparedness and response toemergencies related to chemicalsubstances

1. Improve management on plans and / or protocolsassociated with emergencies related to chemicalsubstances

2. Strengthen response protocols and mitigation measures,when encountering emergencies related to chemicals


Imagen Referencial

4. MAIN AREAS OF PROGRESS IN THE MANAGEMENT OF CHEMICAL SUBSTANCES.

Punta de LobosRegión de O’Higgins

05/09/2015

6



4.1 Institutions

2010: Law No. 20.417 created the new environmental institutions consisting of:

• Ministry of Environment.

• Environmental Assessment Service.

System for Environmental Impact Assessment (SEIA) (Risk Assessment).

• Superintendence of the Environment.

• Environmental Courts.

• National Service of Biodiversity (In progress).

The law states that one of the main functions of the Ministry of Environment is to "propose policiesand formulate norms, plans and programs on waste and contaminated soils and risk assessmentof chemicals, genetically modified organisms and other substances that can affect theenvironment, notwithstanding the authority of other public bodies on health matters".


4.2 Regulatory Framework

International Treaties

• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and theirDisposal (Decree No. 685/1992 / Ministry of Foreign Affairs - MINREL).

• Rotterdam Convention on the Prior Informed Consent Procedure for Certain HazardousChemicals and Pesticides subject of an international trade l (Decree No. 37/2005 / MINREL).

• Stockholm Convention on Persistent Organic Pollutants (POP’s) (Decree No. 38 / 2005/ MINREL)

• Entry to the OECD in 2010.

• Minamata Convention on Mercury, signed by Chile in 2013, but not yet ratified.


05/09/2015

7



Life Cycle of Chemical Substances

• Standards for the evaluation and approval of pesticides in the country, on marketing anduse. (Res. Ex. No. 3.670/1999 / Agricultural and Livestock Service - SAG).

• Requirements for labels on containers of agricultural use pesticides. (Res. Ex. No.2.195/2000 / SAG).

• Entry standards of pesticide samples for experimentation. (Res. Ex. No. 92/2002 / SAG).

• Instructs the recognition of pesticide applicators before the SAG. (Res. Ex. No. 2.147/2002/ SAG).

• Procedure for admission and national formulation of agricultural pesticides. (Res. Ex. No.1.038/2003 / SAG).

• Pesticide regulation for sanitary and domestic use. (Decree No. 157/2007 / M. of Health).

• Provisions authorizing the use of pesticides on minor crops. (Ex Res. No. 6.666 / 2009 /SAG)





• Naming and codes for pesticide formulation. (Res. Ex. No. 5.392 / 2009 / SAG).

• Prohibits the production, import, export, distribution, sale, possession and use ofpesticides with chlordecone, alpha-HCH, beta-HCH and pentachlorobenzene, endosulfan,alachlor and aldicarb. (Res. Ex. No. 8.231 / 2011 / SAG).

• Maximum permitted levels of pesticide residue in food. (Res. Ex. No. 762/2011 / Ministry ofHealth)

• Tolerance margins for fertilizer products that are admitted, manufactured and marketedin the country for elements contained in them (Cd, Pb, Hg and As). (Res. Ex. No. 1.035 /2011 / SAG).

• Technical standards of Law No. 20.089, which creates the National System ofAgricultural Organic Product Certification. (Decree No. 86/2011 / Ministry of Agriculture).


05/09/2015

8




• Regulations to authorize experimental stations for testing pesticides. (Res. Ex. No. 5.846 /2011 / SAG).

• Criteria for evaluation and authorization of pesticides formulated for export only. (Res.Ex. No. 1.885 / 2012 / SAG).

• Regulation establishing rules on imports and exports of substances that deplete theozone layer, maximum import volumes and criteria for distribution. (Decree No. 75/2012 /Ministry General Secretariat of the Presidency).




Polychlorinated Biphenyls (PCBs)

• Forbids the use of PCBs in electrical equipment. (Res. Ex. No. 610/1982 / Superintendency ofElectricity and Fuels - SEC). In progress of being updated).

• Establishes a list of substances hazardous to human health, including PCBs. (Res. Ex. No.714/2002 / Ministry of Health).

• Maximum levels of dioxins and PCBs in pork, poultry, cattle, sheep, fish, eggs and milk.(Decree No. 64/2009 / Ministry of Health).

• Limits of dioxins and PCBs similar to dioxins in products for animal feed and itsmodifications by Res. Ex. 1554/2011. (Res. Ex. No. 1.032 / 2009 / SAG).


05/09/2015

9



Others

• Determines the formation of Committees for Emergency Operations (COE). (Decree No.38/2011 / Home Office).

• Approves a Methodological Guide for the Management of Soils with potentialcontaminants. (Res. Ex. No. 406/2013 / MMA).

• Intervention program in zones with polymetal presence in the municipality of Arica. (LawNo. 20.590 / 2012 / Ministry General Secretariat of the Presidency)

• Regulation of the Polymetals Law of Arica. (Decree No. 80/2014 / Ministry General Secretariatof the Presidency).



4.3 Studies and Others

PCBs

• 2005: National Inventory of PCBs. CONAMA.

• 2008: National Inventory of PCBs in other uses. CONAMA.

• 2009: Updating of the National Inventory of PCBs and Destruction Technologies. CONAMA.

• 2011: Tool for decision making in the management of PCBs. It was developed within the GEF /UNEP MSP Project: "Best Practices for PCB Management of the Mining Sector of South America(Chile and Peru)". Ministry of Environment.

POPs

• 2006-2010: National Implementation Plan for the Management of Persistent Organic Pollutants(POPs) - Phase I

• 2012: Study of information collection about new persistent organic pollutants (POPs) in Chile.


05/09/2015

10


4.3 Studies and Others

GHS

• 2009: Creation of the Interagency Committee to review, analyze and define the country's situationin each area before the implementation of the Globally Harmonized System (GHS).

• 2014: Proposal of the strategy of the implementation of the GHS.

Mercury

• 2009: Creation of the "National Plan for risk management of mercury in Chile". It is waitingdefinitions from Minamata Convention for its update. CONAMA.

Cadmium and Lead

• 2010: Study on the identification of the main national sources of cadmium and lead; nationalregister of sites with potential presence of these metals and development of a methodologicalguide for estimating use, consumption and release of cadmium and lead.

Dioxins y Furans

• 2011: Register of sites with presence of dioxins and furans associated with the use ofpentachlorophenol in sawmills, (phase II): confirmatory research and preliminary estimate ofenvironmental risk. Ministry of Environment.



4.3 Studies and others

Studies Associated with Risk Assessment

• 2011-2012: Assessing health risks in settlements close to metal mining sites in Andacollo, Illapel,Copiapo and Tierra Amarilla.

• 2011: Studies on assessment and management of environmental risks in the industrial and energyhub of Puchuncaví, Quinteros and Concon.

• 2014: Management and human health risk assessment to the mining waste from the areas ofPavilion and Totoralillo, Tierra Amarilla and the Atacama Region has.

• 2012-2015: In the framework of Law 20.450, which establishes an intervention program in areaswith presence of polymetals in the town of Arica:

Determination of natural levels in the soil or background level of the municipality of Arica. Determination of the concentration of the relevant contaminants of concern in the soil of the

municipality of Arica. Determination of air quality in the municipality of Arica. Determination of acceptable risk levels for the municipality of Arica. Risk assessment in the municipality of Arica due to the presence of polymetals in the soil

matrix.


05/09/2015

11


4.3 Studies and others

Others

• 2010: Development of a National Register and Risk Map of Chemical Industry (Phase I) - Pilot IIand VIII regions. CONAMA.

• 2011: National Register of facilities that store, use, and / or produce dangerous chemicals (PhaseII) – Working towards a tool for the assessment of chemical hazards, with supplementaryinformation from MINSAL, SAG, SEC and SERNAGEOMIN.

• 2013: Methodological Guidelines for Ecological Risk Assessment. Ministry of Environment.

• 2013: Methodology guidelines for sampling and chemical analysis for background level and forconfirmatory investigation and risk assessment in soil / sites with contaminants.

• 2013: Methodological guidelines for Environmental Risk Assessment of Genetically Modifiedvegetables (GMV) with an electronic directory of methodologies (GEM). Ministry of Environment.

• 2015: Standard Manual for Sampling and Chemical Analysis for the Determination BackgroundLevel and Sites with Presence of PCBs in the Chilean Mining and Metals Sector.


Imagen Referencial

5. KEY CHALLENGES

Salar AtacamaRegión de Antofagasta

05/09/2015

12


5. KEY CHALLENGES

• 2015-2018: Development of the GEF Project "Review and Updating of the National ImplementationPlan (NIP)," which includes a national inventory of POPs and polychlorinated biphenyls (PCBs),among others.“

• 2015-2016: Development of the GEF Project “Regional Development Support for the GlobalMonitoring Plan of POPs in Latin America and the Caribbean, Phase II "

• 2015: Update Res. Ex. Nº 610/1982, the Superintendency of Electricity and Fuels (SEC), whichprohibits the use of PCBs in electrical equipment, including the obligation to declare the existence ofPCB.

• 2015-2016: Adopt the Globally Harmonized System of Classification and Labelling of Chemicals(GHS).

• 2015-2016: Consider the GHS and the updated Chilean Norm Nº 382/2013 when updating theRegulations on Transportation of Hazardous Substances (Decree No. 298/2002 / Ministry ofTransport).

• 2015: Buscar incorporar lineamientos del GHS. Updating of Chilean Norm 2.245 / 2003. Chemicalsubstances - Safety Requirement Data Sheets. Incorporate guidelines of the GHS.

• 2015-2016: Update the list of substances hazardous to health. (Res. Ex. Nº 714/2006 / MINSAL).

• 2015-2016: Incorporate risk assessment and management in the development and updating ofrules associated with the handling and use of hazardous chemicals and pesticides for domestic andsanitary use, through Supreme Decree No. 75.


• 2015: Develop a study of "National Integrated Information System of Chemical Substances andtheir records".

• 2015: Develop a study of “Cooperative research and selection of high production volume chemicals(HPV)".

• 2015-2016: To create and coordinate an interagency working group for diagnostic analysis andthe definition of actions regarding endocrine disrupters.

5. KEY CHALLENGES

05/09/2015

13

Imagen Referencial

6. CONCLUSIONS

Abejorro


6. CONCLUSIONS

• Improve the mechanisms for international cooperation in the field of chemicals,from the methodological, technological and practical perspective.

• Promote and make the information, as well as national and internationalmethodologies, available to the competent services of our country, to ensureproper chemical management.

• Generate effective tools to continue to improve the management of chemicals,especially in those areas in which there are still significant gaps.

• Permanently train the officials of our country about the progress on chemicalsthroughout their life cycle.

05/09/2015

14

Ministerio del Medio Ambiente

THANK YOU

Contact information:

Marcela Perez TapiaOffice of Waste and Environmental RiskMinistry of Environment ‐ [email protected]+56 2 25735850

Progress in the Management of Chemicals in Chile

Documents