EIGAnews 3 - Web format
National Associations Meeting 2010
Representatives of fourteen National Industrial Gases Associations gathered in Milan for the 12th National Associations Meeting on the 14th and 15th October.
The EIGA President, Guy Salzgeber, was unable to attend but sent a written message to the meeting in which he emphasised that it was "very important for our industry that we have effective two way communication and understanding between the National Associations and EIGA councils and working groups. We can then more effectively anticipate and hopefully influence and manage the evolution of legislation so as to take into account the interests of our Industry in Europe."
The meeting saw the culmination of the work that has been carried out by the EIGA Board and EIGA office over the past year, fully supported by the EIGA members at the Annual General Meeting, to ensure that EIGA has an organization that is inclusive of the membership and in particular the National Associations, when the National Associations elected Klaus Krinninger, Managing Director of Industriegaseverband e.V., Germany as the first National Associations’ Representative to the EIGA Board of Directors.
During the meeting, the chairs of the four EIGA councils led fruitful discussions on a wide range of regulatory issues including onsite generation of medical gases, medical marketing authorisation of air and medical devices directive; REACH, CLP, EU Emissions Trading System, tunnel regulations and ageing equipment regulations. EIGA are in discussions with the European Commission on many of these topics. Other topics included a presentation by Doug Thornton of the British Compressed Gases Association (BCGA). Doug reported on progress of the extensive work being carried out by BCGA in conjunction with BAM Federal Institute for Materials Research and Testing in Germany on the exposure of acetylene cylinders in fires.
REACH and CLP Update
With the first phase of REACH registration complete, what next?
The deadline for 2010 registration of a substance under REACH was 30th November 2010. All those substances identified by the REACH-AHG, as being of interest to EIGA member companies for 2010 registration, have now been successfully registered.....at a cost!
· Linde led a consortium formed mainly of EIGA members to complete the registration of carbon monoxide for non-intermediate uses. Since carbon monoxide is a reprotoxin it requires registration this year irrespective of volume. The total cost of registration is up to €70,000 (excluding ECHA, European Chemicals Agency, registration fees).
· Yara formed part of the Fertilizers and Related Materials (FARM) consortium that registered ammonia with the cost for a letter of access (LoA) for greater than 1000 tonnes pa of approximately €6,000.
· Acetylene was registered by the LOA (Lower Olefin and Aromatics) consortium with an LoA cost of €5,000 per affiliate.
· Lime, as a co-product of acetylene, was also registered this year by the EuLA (European Lime Association) consortium with the cost of membership of the consortium (at €400 per affiliate for greater than 1000 tonnes pa) actually less than the cost of a LoA (€3,600).
A number of other substances of interest have been registered by others in 2010, but will not be registered by EIGA members until either 2013 or 2018; e.g. ethane, phosphine, sulphur hexafluoride and silane. Some of these have only been registered as intermediates at this stage.
Calcium carbide was also registered in 2010. Although no EIGA members have needed to register, it was important to ensure that our use for acetylene production was considered in the chemical safety assessment (CSA) in the registration dossier.
Even if EIGA members do not need to register a substance, it is still important to maintain communication with your suppliers to ensure that your uses are adequately covered. The REACH-AHG has developed a comprehensive list of uses for all those substances of common interest (located on the REACH page in the Members Area of the EIGA website) and the AHG has been working on behalf of EIGA members to try to ensure that our uses are included in the registration dossiers. However, if you discover after the registration deadline that your use is not included, you still have up to 12 months to persuade your supplier or the consortium to include it. It may not be necessary to have your use explicitly described as long as you can demonstrate consistent application of the RMM’s (risk management measures) in accordance with the supplier’s eSDS.
The AHG is currently working on the exposure scenario (ES) descriptions for carbon monoxide, acetylene and lime that will be included in the new eSDS’s, which WG-9 are working on producing from LISAM.
Despite the fact that we’ve completed all our 2010 registrations there is still much work to do. Let’s not forget the 3rd January 2011 deadline to complete classification & labelling notifications of all substances (irrespective of volumes). WG-9 is working to get harmonisation across EIGA member companies on this – see next item.
Although the REACH road map to 2013 is much clearer than for 2010 there are still many unresolved issues regarding the implementation of REACH which may start to become clearer as ECHA begins to evaluate some of the registration dossiers. For example, the definition of intermediates and the need for a CSA if there is no classified hazard are still topics under debate.
Early next year the REACH-AHG will resume its work and will develop its forward plans for 2013 registrations with priorities being nitrogen trifluoride, nitrous oxide, nitric oxide, hexafluoroethane (R116), ethane (R170), hydrogen chloride and silane.
Notification under the EU CLP Regulations (Classification, labelling and packaging of substances and mixtures) is one of the key steps under the new European regulations on hazardous substances which aim to switch responsibility for the safe use of substances from authorities to industry.
Manufacturers and importers must now submit certain classification and labelling information for substances they are placing on the market to the Classification and Labelling Inventory of ECHA. ECHA’s REACH IT system enables an "Agree-by-one-click" notification if the notifier agrees to use CLP-classification and labelling information already submitted. The goal is to have a common agreed set of classification information within the industry.
There are no limit quantities for notification as there are with REACH, even a gramme of a substance placed on the market has to be notified by the importer or manufacturer. Substances exempted from REACH registration also have to be notified (i.e. Air gases, rare gases, H2, CO2).
The due period for notification is the day of first import or manufacture plus one month starting from 1st December 2010.
An EIGA information package on CLP is available on request.
News in Brief
Pressure Equipment Directive
The Pressure Equipment Directive is undergoing some changes to align it with the new legislative framework reflected in the Treaty of Lisbon and as well the changes to CLP (Classification, Labelling and Packaging). The Commission made it very clear that there will be no revision of the directive in content. A number of guidelines have been updated, but these do not appear to have an impact on EIGA members. EIGA will continue to monitor this.
Transport of Dangerous Goods
This is a busy time of the year with the meetings of WP-15 and the UN Sub Committee on the Transport of Dangerous Goods. There was a proposal to form a group at WP-15 to look at rear impact protection of dangerous goods vehicles, but this was not supported. EIGA members’ vehicles have performed very well in rear impacts and we do not feel the need for additional requirements. The new ADR is now available as was mentioned in the last EIGAnews, and the new EIGA training package will soon be available on the members’ area of the EIGA website.
Marc J. Meteyer
It is with sadness that we have learnt from the Compressed Gas Association (CGA) that Marc J. Meteyer, former CGA President and CEO, passed away peacefully in the company of his family at home on November 6, 2010. He had fought brain cancer with optimism and courage for the past year.
Security WG Formed
Following on from the item in issue 2 of EIGAnews, IGC has approved the change of the status of the Security Ad Hoc Group (I.16) to a permanent EIGA working group (WG-13). The AHG was established in 2008 to provide EIGA members with guidance on security aspects specific to our industry in Europe. The change in status to a working group reflects the increased importance of security issues and the potential impact of regulations on the industry. A number of documents will be issued shortly to give members guidance in this key area.
The European IPPC Bureau (EIPPCB) have announced the establishment of a Technical Working Group (TWG) for the review of the Large Volume Organic Chemical Industry (LVOC) BREF, which was last published in 2003. There are some short references to acetylene production from carbide in the 2003 edition of this BREF and so EIGA will participate in the review process.
EIGA has its own more detailed document on this issue. Doc. 109, "Environmental impacts of acetylene plants", details the environmental impacts of the management of acetylene plants and gives guidelines on how to reduce the impacts. The document has been revised by WG-5, is in the final stages of approval by IGC and will be used as the basis of our contributions to the LVOC BREF.
1 The European Integrated Pollution Prevention and Control (IPPC) Bureau was set up to organise an exchange of information between Member States and industry on Best Available Techniques (BAT), associated monitoring and developments in them. The European IPPC Bureau produces reference documents on Best Available Techniques, called BREFs. BREFs are the main reference documents used by competent authorities in Member States when issuing operating permits for the installations that represent a significant pollution potential in Europe.
Monitoring and Reporting of Greenhouse Gases - CO2 Transfer
The Regulatory Environment Council (REC) has prepared an industry position paper on the topic of Transferred CO2 within the review of the EU Guidelines for Monitoring and Reporting of Greenhouse Gases, referring to Section 5.7 of the EU Commission decision 2007/589/EC.
EIGA’s position is that "...the MRG guidelines should specifically prohibit subtraction of emissions related to the transfer of carbon dioxide from the ETS (Emissions Trading System) to the non ETS domain for short term storage and later use and should ensure that downstream CO2 is accounted as emitted in the production process."
This supports the intent of the Commission to reduce the list of potential applications within the rules of CO2 transferred to capture, transport and storage installations. REC members will be working with the National Associations to urge Member states to support this approach in the current revision of the MRG guidelines in order to allow a clarification of the CO2 transferred rules and their consistent application across the EU.
Full details of the position and the background to it are in Position Paper PP-32. The Position Paper has been approved by the EIGA Board of Directors and is published on the EIGA website.
International Harmonisation Award 2010
At its annual meeting in Charleston in October, the International Oxygen Manufacturers Association (IOMA) presented the 2010 International Harmonization Award to Dr Hervé Barthélémy of Air Liquide, Chairman of WG- 6 (Cryogenic Vessels) and a long serving member of WG-2 (Cylinders).
Hervé has been involved in harmonisation work for over 20 years, participating in the creation and work of the European and ISO standardisation committees on cylinders and cryogenic vessels. The award, sponsored by the IOMA Global Committee, is for significant and distinguished service to the international harmonisation process and is presented to an individual who best exemplifies the character, commitment, and technical excellence prevalent in the development of harmonised publications or legislation at the international level.
Dissolved acetylene: a substance, not a mixture!
In 2009 and 2010, several EIGA members were audited by their competent authorities for compliance to the REACH regulation. The auditors were especially attentive to the substances these members had pre-registered and the format of the safety data sheet (SDS) they supply down the supply chain. Some EIGA members reported that the inspectors questioned the validity of the SDS for acetylene because they considered that what EIGA members are placing on the market is a mixture of acetylene with its solvent and not a pure substance. EIGA takes a different view to this and WG-9 (Classification, Labelling and Safety Data Sheets) has recently published Briefing Note BN-10 for EIGA members. This gives EIGA members arguments to justify why we consider that dissolved acetylene is a pure substance and not a mixture. It is intended to be used by those who are involved in the registration of acetylene under the REACH Regulation and managers of acetylene manufacturing plants. Briefing Notes are only available to EIGA members. You will need to log on to the EIGA Members area of the EIGA website.
EIGA Winter Symposium 2011
EIGA Symposium in Brussels on Process Safety is on 26th and 27th January 2011.
Details of the event and full information on how to register are on the EIGA website on the dedicated EIGA Symposium 2011 page. Registration is still open.
EIGA Summer Session 2011
Will be hosted by the Portuguese National Delegation in Lisbon from 2nd to 4th June 2011.
National Associations’ Meeting 2011
This will be held in Brussels on 13th and 14th April 2011.
EIGA Winter Session and Workshop 2012
A workshop, titled "Oxygen Safety in the Industrial and Medical Supply Chain" will be held during the Winter Session 2012 in Brussels on 25th and 26th January.
For latest information on these and other items see News at www.eiga.eu
The following publications have been issued recently and can be downloaded from the EIGA website.
Position Paper PP-32 - Guidelines for MRG: EIGA Opinion on CO2 Transfer
Briefing Notes (in Members Area):
Briefing Note BN-10-ACETYLENE -
Dissolved acetylene: a substance, not a mixture!
Safety Info Human Factors: Info HF 11/10 - Organisation - "Safety Culture"
SAC Doc 165/10/E - Safe Operation with Fork Lift Trucks
IGC Doc 149/10/E - Safe installation and operation of PSA and membrane oxygen and nitrogen generators (This is a Globally Harmonised Document Based on CGA P-8.1-2010 Third edition)
IGC Doc 145/10/E - Safe use of brazed aluminium heat exchangers for producing pressurized oxygen (This is a Globally Harmonised Document Based on CGA G-4.9-2009)
EIGA Office Documents (in Members Area):
EIGA 918/10/E rev2 - Classification, Labelling and Safety Data Sheet Guide in accordance with EC Regulations 1272/2008 (CLP Regulation) and 1907/2006 (REACH Regulation)