You Can’t Use It:
Overstatements, Conflicts, and Urban Legends
Barbara Kanegsberg
If you can reasonably work within various imposed restrictions, save your energy
for more important battles. However, I see no reason for unreasonably compromising
process efficiency, performance, and product quality. Process problems
will come back to haunt you, rule or no rule, policy or no policy.
We like to see process options. You may not have to abandon an effective chemical
or process. Many supposed absolute bans allow use of the chemical or process
in certain applications or with the appropriate controls. Here are some
ways to cope with such issues as:
THE list
It’s Policy
Catch 22
Urban Legends
You
have to use something from THE list
Some safety professionals, in an effort to simplify internal recordkeeping,
may tell you that you MUST select from a recommended or preferred list of solvents,
like the South Coast Air Quality Management District list of Clean Air Solvents
(CAS). SCAQMD does not require that you use a solvent from the CAS list. If
you can adopt a listed product, peachy-keen. However, since CAS solvents are
primarily a sub-set of aqueous formulations, a few VOC-exempt solvents, or
some high-boiling Biobased solvents, maybe none of the cleaning agents meets
your requirements. If the list doesn’t work for you, speak up. If you
need a more aggressive aqueous product or another solvent for technical reasons,
investigate. The product you were considering may be perfectly acceptable.
The safety department or the purchasing department may provide other “must
use” lists. For example, if fewer chemicals are used, it can be easier
to achieve hazardous waste minimization. Both Purchasing and the Safety/Environmental
group may like the convenience and simplicity of dealing with fewer chemicals.
Select chemical supplier may provide discounts based on purchase of a full
line of chemicals. These are all laudable goals and great ideas, unless the
sub-set of chemicals do not work effectively. Product failure and a high rework
rate are not good things. Using a chemical that is ill-suited to the process
is likely to waste chemical due to longer cleaning times, low soil loading,
and higher rework rate; so it is not good for the environment, either. If Purchasing
makes a good deal with a less than optimal supplier, it should not be your
problem.
It’s Policy
You HAVE to use a neutral pH cleaning agent; you CAN’T buy an open top
degreaser; you CAN’T use a chlorinated solvent. Some policies are very
clear-cut; and they have a rational basis. A large company with a number of
Superfund sites may be very sensitive about certain chemicals. Too often, policies
become artificially encrusted in concrete. “It would be preferable” turns
into “You must.” A corporate requirement to use a pH between 6
and 11 somehow translates to a restriction of pH 6.5 to 8 at the local level.
Catch-22
Environmental regulations are complex, sometimes ambiguous, occasionally conflicting.
Even people in regulatory agencies become confused. We have seen examples where
one regulatory agency directs a company to follow a pathway that would not
be acceptable to another agency. The best approach is to attempt to negotiate.
If logic fails, if the agency is unresponsive, get help (technical, facilitation,
legal).
Urban
Legends
It is not unknown for a supplier of cleaning agents, coatings, or other fluids
used in fabrication or for a supplier of process equipment to say: you can’t
use chemical “X” or process “Y” any more - it’s
illegal, it’s banned. This category of assertion may be an honest mistake.
The assertion might also be an outright falsehood designed to thwart the competition.
When a vendor, or anyone else, tells me something is banned, I ask for details.
I surf the net. I call the regulatory agency. All too often, I find no
evidence of the supposed ban.
Fighting City Hall
If your process is hemmed in by a policy or supposed ban:
Ask; investigate; gently speak up. Check the regulations for yourself; many
times rules are on-line.
If you are really certain that an imposed chemical or process will be technically
unacceptable, arrange for controlled testing of the unpromising chemical
or process, either at your facility or with a vendor. Of course, be careful
to observe all safety, environmental, and permitting requirements. One
of two things will happen. You could be surprised by how well the new “good
for you” chemical or process works. Or, the tests could be abject
failures. Record and summarize the disastrous results. Even a small amount
of data and testing can be very helpful in making your case.
