It would take a determined person a long time to read the full 900 pages of the draft REACH Regulation, formerly known as the New Chemicals Policy. But that is the task being undertaken by European politicians and the 25 Member States to carry the legislation further towards the statute book. The civil servants of the European Commission seem to assume that there will be few, if any, changes and it could be law early in 2006.

REACH imposes on manufacturers and importers the obligation to demonstrate to a newly created European authority that commodity substances are safe; or, that if hazardous, the risks of use are correctly managed. The core requirement is the submission of a registration dossier which will be extensive and must include data on properties (physical, mental and environmental hazards); recommendations classification and labelling; exposure data down the supply chain including disposal and data on risk management. Without registration, trade will be illegal.

Although individual companies are no longer required to register under the regulation, each substance will have to be registered, and this may give rise to a problem of unscrupulous companies taking advantage of the work and cost investment of others to gain a free ride.

The European Powder Metallurgy Association's Technical Director, Peter Brewin, says that this changes the nature and priority for the formation of the consortia that will finalise registration. "Powders are increasingly being seen by the rest of the metals industry as potentially hazardous, complex and small tonnage. "Powder metallurgy companies must contribute to the cost of the registration of dossiers to make sure powders are treated correctly. That includes generating and contributing test data.

"Risk assessment dossiers have already been prepared by the zinc, copper and nickel industries to satisfy existing European legislation that will be superceded by REACH. The dossiers are long and their preparation was time consuming. In the case of copper it took four years and the cost was €8 million!

"Most metals will be required to complete registration within three years of REACH being implemented, and we will need to answer some complex and costly questions to ensure that powders are correctly treated." Under current legislation alloys are treated as simple mixtures, even though their properties are different. In PM, this is of particular importance for stainless steels.
For environmental classification, legislators recognise the difference between mainstream products - ingots, bar, sheet etc - and powders by a simple dimensional threshold at 1mm thickness, he says. "Clearly health aspects, especially inhalation, occur at smaller particle sizes - below 150 micron."

The EPMA and its lobbyists are asking the authorities for a split classification of the type shown in Table 1.

"Failure to obtain split classification could mean all powders being classified by the hazards of the smallest particle sizes on the market - MIM and electrolytic powders," says Peter Brewin. "Copper powders would certainly be affected and all other powders used in PM are potentially at risk." Adverse classifications could result in increased transport costs, handling and use restrictions and high emission control and disposal costs. In extreme cases powders could become liable to special authorisations for use. The Japan Metal Powders Association and the US Metal Powder Industries Federation are liaising with the EPMA to co-ordinate lobbying activities.

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