News

---

Legislation

Compromises bring REACH deal closer

A series of compromises by EU leaders have paved the way for agreement on the REACH chemical reforms package. As JEM went to press, EU governments were set to hold an extraordinary ministerial meeting in London to hammer out a final deal. The move followed frantic political manoeuvrings between the European Commission, the European Parliament, and the Council of Ministers in an effort to find common ground on contentious points.

The first signs of a breakthrough came in early November with a compromise plan drafted by the UK presidency, following two ministerial debates. This new plan would further cut testing requirements for low volume chemicals and toughen the registration procedure for some substances in finished articles.

Specifically, for substances in the 1–10 tonnes production band, it cuts the number of criteria to trigger full toxicology testing from three to two. The first criterion is that the most dangerous substances (those likely to be classified as CMR, PBT and vPvB) would have to undergo full testing. The second category is any other substance which has ‘dispersive or diffuse uses’, especially in consumer articles, and which is likely to be classified as dangerous under existing EU legislation. This ‘targeted approach’ would apply only to substances currently on the EU market and all new chemicals would require full testing.

The other main change under the UK plan is that the obligation to register substances intended to be released from articles would be extended to include all substances produced in volumes over one tonne. The previous UK proposal had limited this requirement to just those substances classified as dangerous under existing EU law. The European Chemicals Agency would also be given greater responsibility for managing the substance evaluation process.

Meanwhile Guido Sacconi, who is guiding the REACH legislation through the Parliament, was able to broker a similar deal between the main parliamentary groupings. This allowed registration for certain of the most dangerous chemicals to be delayed from three to six years after the legislation enters force. Firms would have more scope to use generic exposure categories when assessing risk, and some of the most expensive substance tests could be waived entirely.

In a major reversal, the Commission announced it was prepared to back this approach. Commenting on the move, Industry Commissioner Günter Verheugen said he thought the MEPs’ proposal strengthened, rather than watered down the Commission’s original text. The Sacconi compromise, he said, “makes it easier to implement and cheaper to meet health and environment goals”.

It is uncertain how the new proposals will affect the number of low-volume substances requiring full testing and how much they will cost. Mr Sacconi estimates that under his proposals around 30% will remain, although environmental groups put the figure closer to ten percent. The British presidency said its proposal would also capture around 10%. New analysis by the Commission puts the total costs of REACH registration for this 1–10 tonnes production bracket at around a quarter of previous estimates. The Commission says the revised figures are based on new assumptions of lower administrative costs.

The final deal, if one emerges, is expected to be based around the UK presidency’s revised proposal and the ‘Sacconi compromise’.

UK Presidency of the EU: http://www.eu2005.gov.uk; European Parliament: http://www.europarl.eu.int/default.htm

Go ahead for industrial pollution inventory as existing laws flag

European legislators have welcomed agreement on expansion of the EU’s industrial pollution inventory as heralding a new era for industrial regulation. Reporting under the new regime will start reaching the public from 2009.

The European Pollutant Release and Transfer Register (PRTR) regulation will bring EU practice into line with a UN protocol agreed in 2003. It builds on the bloc’s existing pollution emissions register (EPER) launched two years ago [J. Environ. Monit., 2004, 6, 140N], but will extend reporting to a wider range of facilities, industries and pollutants.

Under the PRTR, 65 industry sectors will have to report, compared with 56 under EPER—a notable addition being a large number of municipal wastewater treatment works. Firms will have to report on releases of 91 substances compared with 86 under the UN protocol and just 50 under EPER. Off-site transfers of waste and levels of pollutants in wastewater going to treatment plants will have to be reported as well as direct emissions to air and water. The European Commission will also collate available national reporting on diffuse pollution. Reporting will be annual rather than tri-annual as at present.

The new law came as the European Commission warned that other aspects of industrial pollution law were not being implemented quickly enough. Some countries might not meet a looming deadline for the permitting of all large plants under the 1996 Integrated Pollution Prevention & Control (IPPC) directive, the Commission said. Its first review of the legislation showed that at the end of 2002 only 13% of the 45 000 installations covered by the law were known to hold permits. The Commission promised to step up scrutiny of national performance.

In the UK, key industry sectors are being asked to agree to long-term environmental improvement targets under an innovative regulatory approach launched by the Environment Agency. The approach “goes beyond traditional regulation” by using a mix of regulation and voluntary initiatives, the Agency said. It aims to target resources on the greatest environmental risks and will be piloted in three sector plans—cement, chemicals and nuclear industries—with others set to follow.

European Commission: PRTR regulation, http://register.consilium.eu.int/pdf/en/05/st03/st03648.en05.pdf; IPPC pages, http://europa.eu.int/comm/environment/ippc/index.htm, UK Environment Agency: industry sector plans, http://www.environment-agency.gov.uk/business/444251/1215866/

EPA finalises ozone rule

EPA has issued a finalised rule to help states reduce ozone pollution to meet stronger federal standards. The Phase 2 Ozone Implementation Rule outlines emissions control and planning requirements for state plans as part of the new 8 hour ozone standard.

The Phase 2 Rule requires states to demonstrate through modelling that non-attainment areas will attain the 8 hour standard as expeditiously as practicable. These demonstrations must include data on reasonably available control measures and reasonably available control technologies. The rule also outlines new source review requirements for areas not meeting the 8 hour standard and sets requirements on using cleaner-burning reformulated gasoline (RFG).

A recent EPA analysis found that full attainment of the 8 hour standard would yield substantial health benefits. Each year it would avoid hundreds of premature deaths, thousands of hospital admissions, hundreds of asthma emergency room visits, more than one million restricted activity days, and more than 900 000 school absences.

EPA finalised the Phase 1 Ozone Implementation Rule in April 2004. It provided a process for classifying areas based on the severity of their ozone problems and established deadlines for state and local governments to reduce ozone levels. It also established a process for transitioning from the 1 hour to the more protective 8 hour ozone standard.

The Agency has also issued a draft ‘staff paper’ as part of the wider debate on health effects from air pollution. The paper covers scientific and technical information on ozone-related health and welfare effects, initial results from a human exposure analysis and health risk assessment, and discussion of a planned vegetation-related environmental assessment.

EPA: http://www.epa.gov/ozonedesignations; Staff Paper: ‘Review of the National Ambient Air Quality Standards for Ozone’, http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_cr_sp.html

New rule to encourage brownfield development

A new rule announced by EPA will accelerate the redevelopment of brownfield sites. The All Appropriate Inquiries rule establishes clear standards for environmental due diligence so as to encourage private cleanups of brownfield properties.

Specifically, the rule introduces a new process for assessing a property for potential environmental contamination and associated liabilities. This increases certainty of Superfund liability protection and improves information about the property’s environmental conditions.

EPA Administrator Stephen L. Johnson said: “By making risk management less of a guessing game and more of a science, we are expanding the number of problem properties that will be transformed back into community assets.”

The Agency has also released the latest annual data on the clean-up of contaminated sites under the Superfund Program. Covering Fiscal Year 2005, the report confirms that EPA completed work at 40 sites, bringing the total number of completed sites to 966–62% of the top priority sites ranked on the National Priorities List (NPL). There were 665 ongoing cleanup projects at 422 sites, while the Agency funded new work at 17 projects across the country. Superfund also continued to prepare for future cleanup efforts by listing 18 new sites and proposing 12 sites to be added to the NPL.

EPA also conducted or oversaw more than 400 emergency response and removal actions, cleaning up spills and accidental releases of hazardous material.

EPA: http://www.epa.gov/brownfields/; Superfund National Accomplishments Summary 2005: http://www.epa.gov/superfund/action/process/numbers05.htm

European agreement on mining wastes

New EU mining waste controls have been provisionally finalised in conciliation talks between the European Parliament and Council of Ministers. The deal, which requires formal approval by both sides, clears the way for the law to enter into force. The European Parliament debated the measure late last year [J. Environ. Monit., 2005, 7, 1028].

One of the main sticking points had been over at what stage in the life of a facility operators should no longer be bound by the directive. It was agreed that following closure of a waste facility operators should still be bound by provisions on major accident hazards, cyanide pollution and water status deterioration. But they will be exempted from requirements for waste management plans, permits and financial guarantees. Mine waste sites will also be treated as point sources under the EU Water Framework Directive.

Another contentious issue was the scope of financial guarantees. The compromise ties the financial guarantee to an operators’ permit. This links it closely to specific sites while allowing for a wider geographical scope if this is specified in a permit. Industry favoured this approach because it gives greater certainty over potential financial liabilities.

In addition Romania and Bulgaria, which are due to join the EU in 2007, agreed not to seek derogations to apply the directive later than other countries. The 2000 Baia Mare cyanide spill that triggered the directive happened in Romania [J. Environ. Monit., 2000, 2, 28N].

Industry association Euromines said it was “very pleased” with the deal.

EU Council of Ministers: http://ue.eu.int/; Euromines: www.euromines.org

Environmental quality

Montréal delivers a process rather than a breakthrough

As JEM went to press, world governments were meeting in Montréal, Canada, for the next round of talks on climate change. Around 10 000 participants were expected at the meeting, the first since the Kyoto Protocol entered into force in February last year. Post-2012 policies and strengthening Kyoto’s clean development mechanism (CDM) topped the agenda, but no new breakthrough deal was expected.

With the existing Kyoto emission limits due to expire in just eight years, the meeting’s main focus was on a post-2012 policy framework. Despite intensive pre-meeting negotiations, neither the USA nor major developing countries had signalled a willingness to take on binding commitments. Hence, a breakthrough based on straightforward emission caps looked unlikely and Montreal was being seen essentially as just the start of a process.

In an attempt to play down expectations, EU Environment Commissioner Stavros Dimas noted in the run-up to the meeting that: “Montréal will not produce the final solution to climate change—but it might be a crucial stepping stone towards reaching a global consensus.” UK environment minister Margaret Beckett, representing the EU presidency, said the talks would be a success if the EU managed to “get a dialogue and a process going”.

Of more immediate importance, the meeting was expected to agree to reform the CDM to make it work better and to increase the number of emission reduction projects approved. The scheme’s success is seen as a vital support for the EU emission trading scheme (ETS) and by developing countries as a technology transfer mechanism.

Industry, meanwhile, wants long-term certainty on climate policy so as to aid investment decisions. In a survey for the European Commission, companies in the EU’s carbon ETS urged much longer allocation periods after the scheme’s second phase ends in 2012. A large majority want each trading phase to last for a decade or more. Firms involved in the scheme also said they needed to know two or three years in advance how many allowances they will have for future allocation periods.

The run-up to the Montréal meeting saw the release of a raft of new projections on CO₂ emissions. Focusing on the near term, a UN report notes that developed countries’ greenhouse gas emissions are on the increase and are set to reach 10% above 1990 levels over the next five years. Emissions fell 6% between 1990 and 2003, but were mostly concentrated in former Soviet countries. Emissions from other developed countries were 9% up by 2003 and are forecast to reach +19% by 2010. The energy sector (including transport) accounts for 84% of all developed country emissions.

Providing more detail on the energy sector, the International Energy Agency estimates that world energy-related CO₂ emissions will increase by 52% by 2030 unless further counter measures are taken. Even allowing for measures such as those agreed by G8 countries in the summer the increase will still exceed 30%. While energy demand is set to rise sharply, it could be stabilised at a level 37% above present by 2030 if governments implement appropriate action now, IEA says.

Finally, a report by the European Environment Agency reports greenhouse gas emission trends within the EU. In 2003 emissions in the EU-15 had been reduced by 1.7% compared with 1990 levels. If every EU country sticks to its plans and uses the Kyoto mechanisms, the EU-15 can go beyond its Kyoto targets, the EEA says. Because of the reductions already achieved, all ten new EU member states are on track to achieve their individual Kyoto targets.

The European Commission is set to push a number of major policy initiatives on climate change over the next 12 months. Launching its annual legislative and work programme, Commission President José Manuel Barroso said 2006 would be a “critical year” for global climate policy. The Commission is promising legislation to bring aviation into the ETS; to publish an action plan on energy efficiency, and to review an EU voluntary agreement on new car CO₂ emissions. Other measures include ‘communications’ (policy papers) on clean coal technologies and biofuels, and ‘green papers’ (discussion papers) on sustainable energy policy and adaptation to climate change.

In Sweden, Prime Minister Göran Persson is to head a working group studying a proposed phase-out of fossil fuels in the country by 2020.

UN Framework Convention on Climate Change: http://unfccc.int/2860.php; European Commission: ETS survey, http://europa.eu.int/comm/environment/climat/pdf/highlights_ets_en.pdf; Work Programme 2006 (COM(2005)531), http://europa.eu.int/comm/atwork/programmes/docs/wp2006_en.pdf; IEA: World Energy Outlook 2005, http://www.iea.org/textbase/npsum/WEO2005SUM.pdf; EEA: ‘Greenhouse gas emission trends and projections 2005’, EEA Report No 8/2005, http://reports.eea.eu.int/eea_report_2005_8/en

Climate change tops Europe’s green challenges

Policymakers, businesses and individuals must act now on a range of environmental matters or pay a heavy price later. That is the stark message from the latest five-year assessment on the state of Europe’s environment, published by the European Environment Agency.

The four hottest years on record were 1998, 2002, 2003 and 2004. Ten percent of Alpine glaciers disappeared during the summer of 2003 alone. At current rates, three quarters of Switzerland’s glaciers will have melted by 2050. Europe has not seen climate changes on this scale for 5000 years, the EEA says.

“Without effective action over several decades, global warming will see ice sheets melting in the north and the spread of deserts from the south. The continent’s population could effectively become concentrated in the centre. Even if we constrain global warming to the EU target of a 2 °C increase, we will be living in atmospheric conditions that human beings have never experienced. Deeper cuts in emissions are needed,” said EEA Executive Director, Prof. Jacqueline McGlade.

Climate change is just one of the challenges highlighted in the report. Other areas of concern include biodiversity, marine ecosystems, land and water resources, air pollution and health. For the first time, the report has a country by country analysis with performance indicators and comparisons for all of the EEA’s 31 members.

Past EU legislation on environment has worked, the report says. We have cleaned up our water and air, phased out some ozone depleting substances and have doubled rates of waste recycling. But these measures have taken ten to twenty years to show results, and the environmental success stories are now being overtaken by changes in personal consumption patterns in areas such as energy and transport.

Polls show that over 70% of Europeans want decision makers to give equal weight to environmental, economic and social policies. To take these views into account, the report underlines that policymakers must work with each other at European, national and local levels. “Policymakers must be farsighted”, said Professor McGlade, for instance by “encouraging subsidies for sustainable practices and efficient technologies”.

EEA: ‘The European Environment—State and Outlook 2005’, http://reports.eea.eu.int/state_of_environment_report_2005_1/

Partners pledge faster action on methane

Members of the Methane to Markets Partnership committed to accelerated action to recover and use methane as a clean energy source at their second annual meeting. Key actions were the addition of Ecuador as the 17th member of the partnership and a commitment from the partners to increase participating countries and the number of projects worldwide.

The Partnership was formed two years ago as a mechanism for advancing cost-effective, near-term methane recovery and use as a source of clean energy [J. Environ. Monit., 2004, 6, 111N; J. Environ. Monit., 2005, 7, 18]. By 2015 it has the potential to deliver annual reductions in methane emissions of up to 50 million metric tons of carbon equivalent. If achieved these projections could stabilize or reduce global atmospheric concentrations of methane.

Methane is a potent greenhouse gas, 23 times as effective as carbon dioxide at trapping heat in the earth’s atmosphere.

Methane to Markets Partnership: http://www.epa.gov/methanetomarkets

Chemical hazards

MEPs re-open batteries row

The European Parliament’s Environment Committee has voted to strengthen EU controls on batteries. If upheld by the full Parliament, the move would set MEPs on a collision course with ministers over revisions to batteries legislation.

Drawing on proposals by the legislation’s parliamentary sponsor Hans Blokland, the Committee called for the law to require at least 40% of waste batteries to be collected by six years after entry into force, rising to a 60% collection rate within ten years. These compare with targets agreed by EU governments of 25% and 45%, respectively [J. Environ. Monit., 2005, 7, 1030].

For batteries other than lead-acid and cadmium types, the Committee voted to increase the 50% recycling target agreed by ministers to 55%. While accepting Council targets for recycling of lead-acid and cadmium batteries, it toughened the legislation by deleting a provision that recycling should only be pursued while ‘avoiding excessive costs’.

The Committee also voted to put the legislation solely on an environmental base, rather than the dual environment-internal market legal base proposed by ministers.

European Parliament: Environment Committee: http://www.europarl.eu.int/comparl/envi/default_en.htm

Enforcement pushes spending to new records

EPA enforcement actions in fiscal year 2005 resulted in record spending by companies and other regulated entities of US$10 billion for compliance with environmental laws. This is an increase of $5 billion over the previous year. The figures are presented in the latest report on the Agency’s Enforcement and Compliance activities.

Among the environmental benefits resulting from Agency actions during FY 2005, EPA estimates that 28.2 million cubic yards of contaminated soil and 1.6 billion cubic yards of contaminated water will be cleaned up; 1900 acres of wetlands will be protected; and the drinking water of more than 8 million people was safeguarded.

Also as part of its regular reporting round, EPA has released the Toxics Release Inventory (TRI) facility-level data for 2004. These data have been released through the Electronic Facility Data Release (e-FDR), which displays the ‘raw’ TRI data exactly as received by EPA. A refined Public Data Release (PDR) will be published later in the year.

The Agency proposed a simplified reporting scheme for TRI last autumn [J. Environ. Monit., 2005, 7, 1030].

EPA: Enforcement and Compliance Report 2005, http://www.epa.gov/compliance/data/results/annual/fy2005.html; e-FDR, http://www.epa.gov/tri-efdr

Further screening for POPs

Five chemicals have been put forward for potential listing under an international convention to control persistent organic pollutants (POPs).

A screening exercise by the UN Environment Programme has identified the pesticides chlordecone and lindane, the flame retardants hexabromobiphenyl and penta-BDE and another chemical, perfluorooctane sulfonate (PFOS) for further investigation. If selected they would join the 12 substances already listed under the Stockholm Convention on POPs. Risk profiles will now be developed to prepare for international talks on the substances within three years.

Meanwhile, the European Chemicals Bureau says further EU controls are needed to reduce environmental risks from short-chained chlorinated paraffins (SCCPs). A risk assessment shows curbs agreed in 2002 need to be strengthened, the ECB says.

Stockholm Convention: http://www.pops.int; European Chemicals Bureau: Newsletter, http://ecb.jrc.it/NewsLetter/newsletter200503.pdf

Sweden to go it alone on BFRs

Sweden says the EU is moving too slowly on brominated flame retardants (BFRs) and has confirmed its determination to press ahead with unilateral measures.

First mooted two years ago [J. Environ. Monit., 2004, 6, 90N], the government has now tabled formal proposals for a national ban on deca-BDE in new products. In addition, it has asked the national chemicals inspectorate Kemi to look into options for similar action against two other BFRs, hexabromocyclododecane (HBCDD) and tetrabromobisphenol-A (TBBPA).

The European Commission has been notified of the decision, which follows negotiations between the government and opposition parties. Last autumn the Commission itself exempted deca from an EU ban on hazardous substances in electronics [J. Environ. Monit., 2005, 7, 1030].

Swedish Environment Ministry: http://www.regeringen.se/sb/d/6033/a/52667

Public & occupational health

Indoor and outdoor sources contribute to personal exposure

Both outdoor and indoor air sources can contribute to personal exposure to air pollution, US researchers say. They measured levels of air toxics and particulate matter (PM_2.5) in outdoor air, indoor air, and the personal breathing zone of 100 adult subjects and their homes in three US cities: Los Angeles, Houston, and Elizabeth (NJ).

Researchers found that, with a few exceptions, personal and indoor levels of some of the 16 volatile organic compounds and 10 aldehydes measured were higher than outdoor levels. The finding confirms that indoor sources contribute to, and in some cases dominate, personal exposure.

Using a ‘mass balance model’ to distinguish species that are primarily generated either by indoor or outdoor sources, the investigators were able to calculate the air pollutants with the highest outdoor contributions to indoor air (i.e. 90–100% of the indoor levels). These were methyl tertiary butyl ether (MTBE), benzene, carbon tetrachloride, and trichloroethylene. For the other species, outdoor air contributed less than 60% of the indoor concentrations. Key indoor sources were cleaning products and off-gassing of building materials.

The work generated a rich database on concentrations of air toxics and PM_2.5 in the personal breathing zone of adults in each city as well as inside and outside their homes. Information on PM_2.5 composition will be provided in a further report (forthcoming).

Health Effects Institute: ‘Relationships of Indoor, Outdoor and Personal Air (RIOPA)’, HEI Research Report 130, http://www.healtheffects.org

Swiss reject GM

Swiss voters approved a five-year ban on genetically modified crops and animals in a recent referendum. On a 42% turnout, 56% backed prohibition, against the wishes of the Swiss government and parliament, which both rejected a moratorium in 2004.

A campaign to stop GM agriculture was launched in 2003 by a coalition of farmers, consumers and environmental groups. Centre right parties said the vote would be detrimental for research and innovation.

Research activities

Chemistry vital to Europe’s future

A multi-stakeholder initiative has set out a strategic research agenda (SRA) for Sustainable Chemistry (SusChem), outlining chemistry and industrial biotechnology’s contribution to Europe’s future competitiveness and growth. Based on a common vision, the SRA aims at responding to the challenges faced by the chemical sector in the next 20 years, while shaping solutions to critical societal demands.

“Innovation in chemistry is key to answering the needs of tomorrow’s society,” said Alfred Oberholz, Chair of the SusChem Board and Member of the Board of Management, Degussa AG. “This research agenda will help focus European research spending on the areas of chemistry that have the most potential to positively impact Europe’s competitiveness, growth and sustainable development.”

One focus will be developing materials to make applications such as refrigerators and home insulation more energy efficient. Other priorities include biofuels and fuel cells. Suschem estimates the strategy will cost €5.5bn per year to implement, €1.8bn of which it says should come from the EU and Member States.

SusChem was launched in July 2004 [J. Environ. Monit., 2004, 6, 102N] and is one of a number of European Technology Platforms (ETPs), multi-stakeholder forums for defining and implementing Europe’s future research needs in strategically important fields of science and technology.

SusChem: http://www.suschem.org

Geo-monitoring services announced

The European Commission has announced the first three ‘fast track’ services to be offered under its satellite-based earth observation programme. The Global Monitoring for the Environment and Security (GMES) programme will be operational from 2008.

An emergency management service will help respond to major technological accidents. A land monitoring service will support EU urban environmental strategy. And a marine service will help monitor European and global ocean conditions.

Monitoring global climate change is one of the key general objectives of GMES, which was agreed in 2001.

GMES: http://www.gmes.info

Network calls for better environmental regulation

Good environmental regulation in Europe can support a clean, competitive economy and a healthy environment in which to work and live, according to a network of EU regulators.

In a joint paper, 29 environmental protection agencies in Europe say that a competitive economy and a healthy environment are not mutually exclusive. Regulation protects our natural environment and at the same time drives innovation, reduces business risk and increases the confidence of investment markets and insurers. It can also help companies develop their competitiveness and competitive markets, create and maintain jobs, and improve the health of the workforce and the wider public.

The Environmental Protection Agency (EPA) Network is an informal grouping bringing together the heads of environment agencies and similar bodies across Europe to exchange views and experience on issues of common interest. The paper represents the result of work undertaken by the Network’s Interest Group on Better Regulation chaired by Barbara Young, Chief Executive of the Environment Agency of England and Wales.

EEA: ‘The Contribution of Good Environmental Regulation to Competitiveness’, http://org.eea.eu.int/documents/prague_statement/prague_statement-en.pdf

Coordination for Baltic funding

An EU network is helping to coordinate funding for environmental projects in the Baltic region.

Networks of scientists and research institutes as well as international management agreements already exist in the Baltic Sea region, but there is lack of cooperation at the level of funding organisations. The BONUS project brings together the key research funding agencies to fill this gap in the Baltic Sea protection puzzle.

BONUS is a partnership between 12 key research funding organisations in Russia and EU states around the Baltic Sea, who are working together to deepen understanding of the conditions for science-based management of environmental issues.

The project has total funding of €3.03m for years 2004–2007, and is supported under the EU’s ERA-NET initiative which aims to stimulate co-operation between national science programmes.

BONUS ERA-NET: http://www.bonusportal.org

---