Consultation outcome

Summary of responses

Updated 16 December 2022

Introduction

The authorisation process under UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) aims to ensure that substances of very high concern (SVHCs) are progressively replaced by less dangerous substances or technologies where feasible alternatives exist.

The Health and Safety Executive (HSE) provided a recommendation to the Secretary of State on which SVHCs are a priority for inclusion on Annex 14 of UK REACH (the Authorisation List) in December 2021. HSE recommended that two substances are priorities to be added to the Authorisation List:

• Dicyclohexyl phthalate (DCHP)
• Disodium octaborate

This document sets out the responses to the call for evidence in respect of disodium octaborate only.

Read the summary of responses in relation to DCHP.

Disodium octaborate is toxic for reproduction (may damage the unborn child). Between 17 June and 12 August 2022, Defra, the Scottish Government and the Welsh Government held a call for evidence on disodium octaborate to seek evidence on the use of the substance in Great Britain, availability of alternatives, impacts on the environment, public health and society as well as any general comments.

This evidence will help inform the Secretary of State’s decision on whether to add disodium octaborate to the Authorisation List. That would mean that prior authorisation would be needed to use disodium octaborate, or place it on the market, after the specified sunset date. If the Secretary of State decides to add disodium octaborate to the Authorisation List, the decision will require consent from Scottish and Welsh Ministers.

Overview

We received 7 responses to the call for evidence relating to disodium octaborate from 6 businesses and one trade association. Four businesses were users of disodium octaborate in the agricultural sector, one business was a formulator, selling disodium octaborate to businesses in the agricultural, textiles and timber treatment sectors, one business was from the biocides sector and the trade association represented car manufacturers.

To raise awareness of the call for evidence we held workshops with industry trade associations and NGOs where we discussed evidence gaps and asked for interested parties to respond. We also utilised UK REACH registration data to notify known users of disodium octaborate by email that we were holding a call for evidence and how to respond.

Responses to the call for evidence will be used by Defra, Scottish Government and Welsh Government to inform the decision on whether disodium octaborate should be added to the Authorisation List.

We are grateful to everyone who took the time to respond and share their views and suggestions. This document highlights the main points raised but is not an exhaustive commentary on every response received.

Questions and responses

Uses

Five businesses responded that disodium octaborate is used as a micronutrient in fertilisers. Four of these respondents specified that they use disodium octaborate in their businesses, including import and sale for agricultural use. These respondents stated that disodium octaborate is an essential micronutrient in agriculture and is used as a source of water soluble boron to treat boron deficiency in plants.

We received a range of estimates of the volume of disodium octaborate that is used by the respondent’s business(es) and/or in Great Britain in the agricultural sector. The annual tonnage of disodium octaborate used in Great Britain was estimated by respondents to be between 200 and 330 tonnes per year. Though this range is based on a very small sample, it is composed of estimates from companies with significant market share, which enhances the credibility of the estimates.

Other uses identified were in anaerobic digestion, as a flame retardant, in textiles, in car parts and as a biocide.

Government response

HSE identified the use of disodium octaborate in fertilisers in their recommendation. HSE also noted that it is not possible to substitute disodium octaborate for a less hazardous substance for its use in fertilisers. This is because boron is both the toxic element in the substance and the micronutrient in the fertiliser which is required by plants. Any substitution for this use would still need to contain boron and therefore would have the same hazards.

HSE identified that disodium octaborate can be used in biocidal products, specifically wood preservation products. Biocidal products are exempt from the authorisation requirement in UK REACH as they are regulated by the Biocidal Products Regulations 528/2012 and 2013 Regulations (BPR). The authorisation for use of disodium octaborate in biocidal products expired on 31 August 2021 and has not been renewed. Therefore, disodium octaborate must not be used as a biocide in Great Britain.

Read the full BPR active substance lists for Great Britain and Northern Ireland.

The HSE recommendation did not include information on the use of disodium octaborate in car parts, as a flame retardant, in textiles or anaerobic digestion. We are grateful to the respondents for bringing these uses to our attention. This evidence will be used to inform the decision on whether to add disodium octaborate to the Authorisation List.

Availability of alternatives

Responses stated that the only alternatives to disodium octaborate in fertilisers are other boron compounds that have the same hazard profile as disodium octaborate. Four respondents providing evidence on agricultural uses of disodium octaborate stated that their businesses would not substitute disodium octaborate for another substance.

One respondent stated that some customers have replaced disodium octaborate with boric acid in timber treatments.

Government response

The responses on the availability of alternatives to disodium octaborate in fertilisers are consistent with the HSE recommendation.

Boric acid is identified as a substance of very high concern (SVHC) under UK REACH and is on the Candidate List for adding to the Authorisation List. Therefore, we do not consider boric acid is a safer alternative to disodium octaborate.

Market and supply chain

Four respondents gave information on the use of disodium octaborate in the agricultural sector. Respondents also gave details of the use of disodium octaborate in wood preservatives, anaerobic digestion and in textiles. One respondent stated that vehicles with parts containing disodium octaborate are placed on the market in Great Britain.

One respondent stated that it would be unlikely that adding disodium octaborate to the Authorisation List would have a direct effect on employment. However, they noted that there could be a significant impact on crop growth and the conversion of crop and food waste into biomethane and power.

Government response

The responses that gave information on the use of disodium octaborate in wood preservatives and in the agricultural sector are consistent with the uses considered in the HSE recommendation. We are grateful for respondents that brought further uses to our attention, which will be used to inform the decision on whether to add disodium octaborate to the Authorisation List

Competitiveness

Respondents stated that there would be a negative impact on the agricultural sector. This included reduced crop yield, increased food costs and the potential for the United Kingdom to become more reliant on imported food. They also reiterated that disodium octaborate cannot be substituted for a safer alternative for these uses.

One of these respondents stated that there would be substantial costs to their business and downstream users. A supplier stated there would be a minimal impact on their business but that they would stop supplying boron for use in fertilisers.

One respondent stated that the potential costs of applying for authorisation could have a negative impact, especially on small and medium enterprises, who could stop supply or move their businesses overseas to avoid these costs.

Government response

The decision on whether disodium octaborate should be added to the Authorisation List will take into consideration the impact on food supply and fertiliser use.

Other impacts of inclusion in the Authorisation List: innovation and business opportunities

Three respondents gave details of potential negative impacts of adding disodium octaborate to the Authorisation List. These responses stated that if disodium octaborate is added to the Authorisation List there would be risks to food supply and could be increases in food imports based on low crop yields if there was no access to boron containing fertilisers.

One respondent stated that based on their market knowledge, a disodium octaborate containing biocide was the best available product for timber treatment.

Government response

We understand that substitution with a safer alternative is not possible for use of disodium octaborate as a micronutrient in fertiliser. This is because boron is both the toxic element in the substance and the micronutrient in the fertiliser which is required by plants. Any substitution for this use would still need to contain boron and therefore would have the same hazards.

Biocidal products are exempt from the authorisation requirement under UK REACH as they are regulated by the Biocidal Products Regulations 2012.

Applications for authorisation

Three respondents stated that they would consider applying for authorisation to use disodium octaborate. One respondent stated that the costs associated with applying for authorisation would exceed the current commercial potential of supplying boron containing fertilisers for their business.

Two businesses who responded stated that their suppliers and/or downstream users were unlikely to apply for authorisation due to the associated costs or being based outside Great Britain. One of these responses stated that their downstream users are farmers, who are unlikely to manage the application for authorisation process.

Government response

The HSE recommendation stated that the manufacture of fertilisers would require authorisation if disodium octaborate is added to the Authorisation List.

The HSE recommendation stated that it is possible for the application of fertilisers (use of fertilisers by farmers) to fall outside the scope of the authorisation requirement. Authorisation would not be required for mixtures containing less than 0.3% disodium octaborate, in accordance with UK REACH Article 56(6)(b). In their consultation on their draft recommendation, HSE received information from the European Borates Association that fertilisers containing disodium octaborate can be formulated below 0.3%.

Regulatory options

All respondents stated that for agricultural uses, they believed that there was already sufficient regulation of disodium octaborate to successfully manage the risks. The respondents cited that agricultural uses of disodium octaborate are professional uses and therefore there are currently controls under the Control of Substances Hazardous to Health Regulations (COSHH) to manage risks.

Government response

Fertiliser use and manufacture are professional uses which are subject to the requirements of COSHH. These regulations require employers to minimise exposure of their employees to hazardous substances to as low as reasonably practicable. We are considering the controls already in place through COSHH in the decision on whether disodium octaborate should be added to the Authorisation List.

The next steps

The responses to this call for evidence will be used to inform the decision on whether disodium octaborate should be added to the Authorisation List. We plan to publish a draft decision in due course. The call for evidence responses will be securely held by Defra for 2 years in line with retention policies.