The Aluminium Federation (ALFED) is committed to keeping members informed about significant regulatory changes affecting the aluminium industry. This update focuses on the latest guidance from the Health and Safety Executive (HSE) regarding the use of hexavalent chromium compounds (Cr VI) under UK REACH. While ALFED aims to provide accurate and timely updates, members are reminded that compliance with regulations is the responsibility of individual businesses, and ALFED is not responsible for implementing or enforcing these requirements.
Background: Hexavalent Chromium and UK REACH Compliance
Under UK REACH, substances listed in Annex 14 are subject to authorisation, meaning businesses must obtain approval to use these substances. Applications for authorisation are evaluated by HSE, which provides an opinion to Defra for a final decision.
Key points to note:
- Supply Chain Authorisations: Businesses may apply for authorisation independently or rely on upstream applications in their supply chains. Downstream users relying on an upstream authorisation must notify HSE and comply with the operational conditions and risk management measures outlined in the authorisation.
- Deadlines:
- Each substance on Annex 14 has a Sunset Date (when unauthorised use must cease) and a Latest Application Date (LAD) (by which applications must be submitted).
- To continue using a substance beyond its Sunset Date, businesses must either:
- Have received authorisation.
- Have applied for authorisation before the LAD and await a decision.
- Be a downstream user of an upstream applicant who fulfils the above criteria.
- Impact of Brexit: Previously, GB businesses could rely on EU-granted authorisations. However, since 21st September 2024, businesses in GB must ensure their supply chains comply with UK-specific authorisations.
Cr VI Compliance Challenges
Hexavalent chromium compounds, commonly used in aluminium passivation and other applications, are among the substances requiring authorisation. The EU-granted authorisations for Cr VI compounds expired on 21st September 2024, potentially leaving some UK businesses non-compliant with UK REACH.
HSE has identified instances where companies:
- Assumed effective alternatives to Cr VI were available and did not apply for authorisation.
- Have not ensured their supply chains are covered by a valid UK-based authorisation.
What Companies Should Do
If businesses suspect they are non-compliant with UK REACH requirements regarding Cr VI, HSE recommends the following actions:
- Contact HSE:
- Notify the UK REACH helpdesk (ukreach.authorisation@hse.gov.uk) about your circumstances.
- HSE enforcement colleagues will engage to discuss compliance issues on a case-by-case basis.
- Engage with Trade Associations and Suppliers:
- Seek guidance from trade associations like ALFED and coordinate with suppliers to ensure compliance.
- Upstream suppliers may already be in the process of applying for authorisation.
- Monitor Ongoing Applications:
- Applications for the continued use of chromium trioxide (a Cr VI compound) in conversion coatings for aluminium parts are expected.
- These applications will include analyses of alternatives, substitution plans (where promising alternatives exist), and justification for review periods.
HSE’s Approach to Applications for Cr VI Use
HSE will evaluate applications based on:
- Analysis of Alternatives: Applicants must demonstrate that alternatives were explored and provide evidence of their technical and economic feasibility.
- Risk-Benefit Analysis: For non-threshold carcinogens like Cr VI, applicants must show that the benefits of continued use outweigh the risks.
- Individual Assessments: Each application is assessed on a case-by-case basis to determine suitability for the applicant’s specific situation.
It is important to note that “suitability” includes both technical and economic feasibility. Alternatives that are technically feasible but economically prohibitive may not be considered suitable for all companies.
Resources for Members
- UK REACH Database: A full list of substances requiring authorisation and their statuses is available on the HSE website at HSE UK REACH Authorisation List.
- Contact UK REACH Helpdesk: If you require clarification or wish to report non-compliance, email ukreach.authorisation@hse.gov.uk.
ALFED encourages members to take proactive steps to ensure compliance with these regulatory requirements. The transition from EU to UK-specific authorisations presents challenges, but it is critical for businesses to act swiftly to address potential gaps in their supply chains.
ALFED remains committed to keeping members updated on developments affecting the industry but reminds members that it is their responsibility to ensure compliance with UK REACH. For further guidance, contact HSE directly or consult with your suppliers and trade associations.
If you have any questions about this update or require additional resources, please reach out to ALFED. Together, we can work to navigate these regulatory changes and support a compliant and sustainable aluminium industry.
