News

Legislation

Dutch take deep breath after particle victory

EU judges have overturned a European Commission decision to reject tougher limits on fine particle emissions proposed by the Netherlands for new diesel cars and light vans.

The case centred on a Dutch proposal of 2005 that would effectively ban new diesel vehicles emitting more than 5 milligrams per kilometre (mg km⁻¹) of particulate matter. EU legislation allows emissions of up to 25 mg km⁻¹. The government had invoked the ‘environmental guarantee’ clause under the EU treaty's Article 95 on the internal market to justify the move.

Judges in the European Court of Justice said the Commission had failed to take all relevant data into account before rejecting the proposed emission limits. In justifying its decision the Commission had relied on a Dutch report showing that fine particle air pollution in the Netherlands was 10–15% less than previously thought. But these findings “do not exclude the possibility that there was, at the date of the contested decision's adoption, a specific problem in that member state”, judges said.

Meanwhile, nine EU states have applied to delay compliance with EU air quality limits on PM from 2005 until mid-2011. Governments had until the end of October to request derogations under the revised CAFE air quality law. Among those applying were the Netherlands, Denmark, Spain, Belgium, France, Greece, Hungary, Poland and the Slovak Republic.

Spain's problems are highlighted in the government's latest annual state of the environment report. Using data for 2007, the report shows that air pollution across the country, and particularly in the large cities, is generally worsening. The number of monitoring stations reporting ozone and nitrogen dioxide (NO₂) concentrations exceeding ambient air quality standards increased compared to the previous year. In Madrid, safety levels were exceeded for ozone, NO₂ and PM but an improvement was recorded regarding carbon monoxide.

European Court of Justice: http://curia.eu.int/en/ (case ref: C-405/07); Café: http://ec.europa.eu/environment/air/quality/legislation/time_extensions.htm; Spanish Environment Agency: http://www.mma.es

Court clarifies water pollution law

Operators of fish farms discharging substances such as ammonia and nitrites into water are required to seek prior authorisation under a 2006 directive on dangerous substances in water, EU judges have ruled.

The case was brought by a French NGO, which had asked the European Court of Justice (ECJ) to interpret the directive. Under French law fish farms with an annual production capacity of less than 20 tonnes are exempt from the requirement. Freshwater fish farms with a low environmental impact are simply required to notify their water emissions to local authorities, who can then decide to impose emission limits or stop the activities, but no prior authorisation is needed.

In its ruling, the ECJ said the directive's requirement applied to all aquaculture sites. The law could not be interpreted as allowing the member states “…to introduce a declaratory scheme in respect of facilities regarded as being low-polluting in nature”, the judge said.

European Court of Justice: http://curia.eu.int/en/ (case ref: C-381/07)

States to get more say in US policy

Answering the call of state and local governments to give them more involvement in the development of federal environmental rules, EPA is to broaden its consultation efforts when introducing new regulations and policies. The cost threshold for measures above which the agency will consult has been lowered from $100 million to $25 million.

EPA Deputy Administrator Marcus Peacock acknowledged that state and local officials are often on the frontline in enforcing federally-mandated environmental regulations. “If we want good rules, early consultation with these partners is crucial,” he said.

Existing policy, introduced in 1999, requires the federal government to consult with elected state and local government officials before proposing regulations or actions that directly effect them, either by virtue of their implementation costs or their pre-emption of state or local authority.

EPA: http://www.epa.gov/lawsregs/index.html

It's a crime

The EU is to crack down on environmental offences following approval of a new directive criminalising the most serious offences against the environment. Justice ministers agreed the measure at a recent meeting in Luxembourg following earlier backing from the European Parliament. The law lists all activities that can be classed as criminal offences across the EU. These include releasing pollution or managing waste in any way that “causes or is likely to cause” death or serious injury to people or substantial environmental damage.

EU Council of Ministers: http://www.consilium.europa.eu

Environmental quality

Global biodiversity body edges forward

The prospect of a global scientific forum on biodiversity has moved a step nearer after an international meeting agreed to hold further discussions on the issue.

Gathering over three days in the Malaysian city of Putrajaya, national experts weighed the effectiveness of existing mechanisms to translate science into policy action by governments, including the merits of establishing an Intergovernmental Panel or Platform on Biodiversity and Ecosystem Services (IPBES).

It reflects growing concern that current international action is failing to galvanise a real and meaningful response to the decline of the world's economically important natural or nature-based assets, from species and soils to forests and fisheries. The failure is in part as a result of a fragmented landscape of reports and assessments by a multitude of organisations, each coming to the issue from different approaches and with different methods [JEM, 2008, 10, 11 & 283].

“The end result is that policy-makers lack the validated, coherent and actionable guide to what is the most sensible tack for turning around biodiversity loss and ecosystem degradation,” said Achim Steiner, Executive Director of the UN Environment Programme which convened the Malaysia meeting. “An intergovernmental body, perhaps mirroring the Intergovernmental Panel on Climate Change, which has put global warming high on the political radar, is one of the options that represents a possible way forward,” he added. The idea was first floated at an international meeting in Bonn last year [JEM, 2008, 10, 795]

The meeting requested a ‘gaps’ report aimed at pin pointing where the problems in the current response to biodiversity and ecosystem decline actually rest. Some of those could include the current gaps in knowledge on the precise link between biodiversity, healthy ecosystems and thus livelihoods.

UNEP: http://www.unep.org

Debate deepens on green tech transfer

With the Copenhagen conference on climate change looming at the end of the year, pressure is mounting for both developed and developing countries to make their ‘fair share’ of emissions cuts.

Speaking at a UN-sponsored conference in Beijing, Chinese government official Gao Guangsheng said developed countries had “failed to deliver on commitments made on funding and technology transfer to help developing countries combat global warming”. China wants industrialised nations to set aside one per cent of their GDP to help poorer countries.

At the conference China proposed a plan to help deploy environmental technologies across the world by providing better protection for intellectual property. It also presented a list of the technologies it needs to reduce its greenhouse gas emissions. UN climate chief Yvo de Boer said a new international climate treaty must give a “revolutionary push” to green technologies. A new mechanism for technology transfer is needed, he said.

Emerging economies have long insisted on technology transfer and financial support from rich nations as a prerequisite for making any emissions cuts of their own [JEM, 2008, 10, 158], and an agreement in this area is seen as essential to sealing a new international climate treaty in Copenhagen.

Developed countries are hitting back, however. The German Environment Agency says in a recent report that emerging economies could make significant reductions in greenhouse gases without major costs to their economies, provided they receive the right financial and technical assistance. By 2020, Brazil, China, India, Mexico, South Africa and South Korea could cut current emissions by 17% through increased renewable energy production and by 9% through improved efficiency.

Beijing conference: http://www.ccchina.gov.cn/bjctc/en/; German Environment Agency: http://www.umweltbundesamt.de

The ABC of climate change

Cities from Beijing to New Delhi are getting darker, glaciers in ranges like the Himalayas are melting faster and weather systems becoming more extreme, in part due to the combined effects of man-made Atmospheric Brown Clouds (ABCs) and greenhouse gases in the atmosphere.

The phenomenon, highlighted in a new report by UNEP, results from the burning of fossil fuels and biomass, and in some cases and regions is aggravating the impacts of climate change induced by greenhouse gases. This is because ABCs lead to the formation of particles, like black carbon and soot, that absorb sunlight and heat the air; and gases such as ozone which enhance the greenhouse effect of CO₂. Globally, however, brown clouds may be countering or ‘masking’ the warming impacts of climate change by between 20 and up to 80 per cent, the researchers suggest. This is because of particles such as sulfates and some organics which reflect sunlight and cool the surface.

Professor Veerabhadran Ramanathan, head of the UNEP scientific panel which carried out the research, said the report, “…brings ever more clarity to the ABC phenomenon and in doing so must trigger an international response—one that tackles the twin threats of greenhouse gases and brown clouds and the unsustainable development that underpins both.”

To date, brown clouds have been most intensively studied over Asia. This is in part because of the region's already highly variable climate, including the formation of the annual monsoon, and the fact that the region is home to around half the world's population and is undergoing massive growth. But UNEP's scientists make clear that there are brown clouds elsewhere, including over parts of North America, Europe, southern Africa and the Amazon Basin, which also require urgent and detailed research.

UNEP: http://www.unep.org

Ozone and climate treaties seek mutual learning

Treaties combating ozone layer damage and climate change should learn from each other in order to maximize economic and environmental benefits. The recommendation, by parties to two international treaties, reflects growing understanding that the phase-out of chemicals that damage the ozone layer—the Earth's protective shield—also has implications for the fight against global warming.

At their recent meeting in Doha, the capital of Qatar, governments requested the Executive Secretary of the Montreal Protocol ozone agreement to coordinate amongst others with the UN Framework Convention on Climate Change (UNFCCC) to explore closer, cooperative ties. They are requesting that the two treaties hold meetings and explore several areas of cooperation, including on how best to reduce releases of hydrofluorocarbons (HFCs). Along with pollutants such as CO₂ and methane, HFCs are one of the six gases controlled under the climate convention's Kyoto Protocol.

Achim Steiner, Executive Director of the UN Environment Programme which hosts the Ozone Secretariat, said, “In a world of scarce financial resources, maximizing the impacts of the various multi-lateral environmental agreements is paramount. Governments have made it clear that there can be multiple benefits if the experiences of the Montreal Protocol and the UN climate change convention can be better shared to reinforce mutual aims. UNEP looks forward to exploring how best these recommendations can be taken forward.”

Another area where governments suggest there could be mutual benefits is in an accelerated freeze and phase-out of hydrochlorofluorocarbons (HCFCs), which were introduced to replace older, more ozone-damaging gases in products such as refrigerators and air conditioning units. These replacement chemicals are now also scheduled for replacement and governments are keen to ensure that their substitutes are not only ozone-friendly, but climate-friendly too.

Nations also agreed to replenish the multi-million dollar fund assisting developing countries to continue the phase out of ozone depleting substances. A top-up of over $490 million is to be provided for the period 2009 to 2011.

The Gulf state of Qatar used the meeting to announce that it is to partner with UNEP to set up an advanced monitoring station, able to gather crucial data on damage to the Earth's ozone layer. The station, the first in West Asia, will plug serious and significant ground and satellite-data gaps in the regional and global atmosphere monitoring networks.

UNEP: http://www.unep.org

Chemical hazards

New rules for high concern chemicals

EU suppliers of products containing certain chemicals identified as ‘very high concern’ substances (SVHCs) are now required to provide information about their products' toxicity when requested by consumers. The obligation entered force on 28 October following publication of a list of 15 SVHCs by the European Chemicals Agency (ECHA). The list had been approved earlier by a committee of national experts [JEM, 2008, 10, 1386]. Another requirement on manufacturers and importers to notify ECHA when their products contain SVHCs will apply from December 2011.

Green groups are already calling for the SVHCs list to be extended, with the phthalates DINP and DIDP first in their sights. Plasticiser makers strongly rejected such a move, claiming that the two phthalates do not meet any of the criteria for inclusion onto the list. Both chemicals were given the all-clear in 2006.

Also, EU governments have rubber-stamped new restrictions on ammonium nitrate fertilisers and the solvents DEGME and DEGBE, polyurethane intermediate MDI and cyclohexane. The new EU rules will apply over the next two years and were agreed under the 1976 ‘limitations’ directive, which is being superseded by the EU's REACH policy.

The EU has also issued a draft impact assessment for the chemical 2,3-epoxypropyltrimethylammonium chloride (EPTAC), used principally in paper production.

ECHA: http://echa.europa.eu; ECPI: http://www.ecpi.org; European Chemicals Bureau: http://ecb.jrc.ec.europa.eu/

Rotterdam meeting makes little headway

Two controversial substances have again failed to make it onto a list of chemicals that cannot be exported without the receiving country's consent.

Meeting in Rome, parties to the UN Rotterdam Convention on trade in dangerous chemicals failed to agree about inclusion of chrysotile asbestos and the pesticide endosulfan onto the list of 39 harmful substances covered by the convention. Governments did agree to include biocide tributyltin (TBT) onto the list of chemicals subject to prior informed consent (PIC). The restrictions on TBT will enter force in February.

A number of countries were opposed to extending the list to chrysotile and endosulfan, including India, Mexico, Pakistan and the Philippines. The EU led calls for the two substances to be added to the Rotterdam list. Environmentalists expressed their “shock and distress” at the outcome. A final decision must now await the parties' next meeting in 2011.

Governments also failed to reach consensus on new procedures for dealing with non-compliance under the convention. Delegations were divided over the issue, with developed countries pushing for a more comprehensive system for dealing with non-compliance.

Rotterdam Convention: http://www.pic.int

What risks from formaldehyde?

EPA has opened a public consultation on formaldehyde, following new concerns about health risks. Formaldehyde is commonly used as a preservative and is found in certain pressed-wood products, where it is a component of glues and adhesives. It is both an irritant and a probable human carcinogen. The alarm was raised after Hurricane Katrina when temporary housing for dislocated families in New Orleans allegedly caused illness in many people from formaldehyde emissions in pressed-wood components. Environmental NGO the Sierra Club led a citizens' petition on the issue last year under the Toxic Substances Control Act [JEM, 2008, 10, 916].

The agency has undertaken to develop a risk assessment on potential adverse-health effects, evaluate the costs and benefits of possible control technologies and approaches, and determine whether further action is needed to address any identified risks.

EPA: http://www.epa.gov/opptintr/chemtest/formaldehyde/index.htm

Agency moves on pharma waste

With concern about hazardous pharmaceutical waste rising, EPA is to regulate this waste stream under the Universal Waste Rule. The proposed rule encourages generators to dispose of pharmaceutical waste that is classified as non-hazardous under the Resource Conservation and Recovery Act as universal waste. It will also facilitate the collection of personal medications that are classified as household hazardous waste so they can be managed properly.

A wide range of medical facilities would be affected, including pharmacies, hospitals, physicians' offices, dentists' offices, residential care homes, and veterinary clinics. Pharmaceutical manufacturing or production facilities would not be covered.

Universal wastes are typically generated in a wide variety of settings including industry and households, by many sectors of society, and may be present in significant volumes in non-hazardous waste management systems. Currently the legislation includes batteries, pesticides, mercury-containing equipment, and lamps.

Industry experts recently called on the US government to step up efforts on regulating pharma waste [JEM, 2008, 10, 917]. EPA has since launched a series of investigative studies [JEM, 2008, 10, 1122].

EPA: http://www.epa.gov/epawaste/hazard/wastetypes/universal/pharm.htm

Public & occupational health

Ozone remains a health risk

Ozone still represents a health hazard to the EU population and is set to remain so unless regulators take action. In a new report, the World Health Organisation warns that current policies are “not sufficient” to reduce the impacts of ozone pollution on human health significantly.

Under existing measures premature mortality in Europe will be reduced by around 600 cases per year, down from 21 000, between 2000 and 2020. Implementing ambitious climate policies could achieve “markedly larger” reductions of around 40%, the authors say. Recent epidemiological studies have strengthened the evidence that daily exposure to ozone increases mortality and the occurrence of respiratory diseases, the report shows.

Emissions of ozone's main precursors, nitrogen oxides (NO_x) and volatile organic compounds (VOCs), are declining in Europe and are expected to continue this trend. But this is counteracted by a global increase in background ozone levels from non-EU countries lacking stringent emissions measures.

The report comes amid increasing debate over the merits of joined-up air and climate policies (see separate item above). In the Netherlands a government body has warned that measures announced last year to tackle climate change might not all benefit the country's air quality. Some measures such as energy savings and increased wind power production can lead to a decline in air pollution, the Environmental Assessment Agency (PBL) said. And the effect of other measures—such as biofuels and large-scale carbon capture and storage—on air quality remains uncertain, it adds.

A recent study claimed Europe could significantly cut its pollution-related health bill if it adopts a stricter 30% carbon emission reduction target for 2020 [JEM, 2008, 10, 1384].

WHO Europe: http://www.euro.who.int; PBL http://www.planbureauvoordeleefomgeving.nl

France's GM ban ‘unjustified’

The European Food Safety Authority (EFSA) has severely criticised the French government's decision to ban a variety of GM maize. EFSA said France's temporary ban on sales of the MON 810 variety in the face of new scientific evidence was “unjustified”.

Last year, France announced it would invoke a “safeguard clause” allowing EU states to ban GM crops for safety reasons after experts raised “serious concerns” about the environmental impact of Monsanto's pest-resistant maize [JEM, 2008, 10, 285]. But in an opinion responding to this decision, EFSA said “no specific evidence… was provided that would justify the invocation of a safeguards clause”. The French government responded that it would retain the ban and seek to win the support of other countries for its stance. The European Commission will now decide whether or not to reject the ban, based on EFSA's advice.

In a separate opinion, EFSA also reaffirmed advice on GM maize Bt11 and 1507. New scientific studies submitted to it did not “invalidate former risk assessments”, the authority concluded. Greenpeace said further decisions on GM crops should be put on hold pending the outcome of an ongoing review of EU risk assessment rules in this area.

Meanwhile, the Nordic Council has called for the establishment of GMO-free zones in the five member countries and stricter labelling rules for products containing genetically modified products. GM-free zones “could give the region a competitive advantage by producing organic products”, the council said.

EFSA: http://www.efsa.europa.eu

Research activities

Long-term strategy essential to tackle climate change

Carbon dioxide, the greenhouse gas that has had the largest impact on our climate, will continue to rise even if current national and international targets for reducing emissions are met, scientists have warned. But, they say, strong action taken now—such as the 80% target recently announced by the UK government—will continue to have benefits a long time into the future.

The researchers have, for the first time, combined the outcomes of proposals by the G8 countries and the UK government's Stern Review with the latest knowledge of climate change feedbacks relating to the carbon cycle (the way carbon moves between the oceans, atmosphere and land). Their findings, published in Environmental Research Letters, show that short-term cuts alone will not solve the problem and that policy-makers need to plan for hundreds of years into the future.

Jo House, from the Natural Environment Research Council's QUEST programme at the University of Bristol, led the research. She said, “To be able to predict the climatic impact of various levels of emissions we need to know, and account for, what happens to the greenhouse gases once they enter the atmosphere. Gases such as methane or nitrous oxide only remain in the atmosphere for a few years or decades. Carbon dioxide is a different matter as a portion of emitted gas stays in the atmosphere for thousands of years.”

Working alongside colleagues from the NERC Centre for Ecology and Hydrology, the Met Office Hadley Centre and the University of Exeter, Dr House ran computer models to see what would happen under the G8 plans to cut global emissions by 50% by 2050. The models show that under this scenario, unless emissions cuts continue beyond 2050, atmospheric carbon dioxide concentrations will continue to rise rapidly. By 2100 the models suggest that CO₂ concentrations could be as high as 590 parts per million (ppm)—more than double the 280 ppm level that persisted for thousands of years before the industrial revolution, and significantly higher than today's level of 386 ppm. By 2300 the worst-case scenario shows that carbon dioxide levels could be 980 ppm, with an accompanying rise in global temperature of 5.7 °C.

Using the Stern Review proposal, of cutting emissions by 25% by 2050 and continuing to make cuts down to 80% towards the end of the century, the models show a more hopeful future. In this case the carbon dioxide levels would become almost stable, at levels of between 500 and 600 ppm by 2100, although they would creep up further into the future if greater cuts were not made. In this case the temperature by 2100 ranges between 1.4 and 3.4 °C depending on the model used, and by 2300 it is also almost stable with a maximum of 4.2 °C.

House and her colleagues say that making cuts in other greenhouse gases is no good if the longer term problem of atmospheric carbon dioxide is ignored. “To achieve long-term stabilisation of carbon dioxide levels at around 550 ppm will require cuts in global emissions of between 81% and 90% by 2300, and even more beyond that time.” The UK government's plans to cut emissions by 80% by 2050 represents, “a realistic assessment of the scale of the problem and the action needed”, she added.

Meanwhile, the November 2008 edition of the American Journal of Preventive Medicine is a special issue providing a state-of-the art overview of public health aspects in relation to climate change. Aspects covered include the various health vectors, behavioural and communication issues, and adaptation and solutions.

QUEST Programme: http://www.nerc.ac.uk/research/programmes/quest/; American Journal of Preventive Medicine, volume 35, issue 5 (November 2008): http://www.elsevier.com

Europeans pin hopes on green tech growth

Europe is looking to the environmental technology sector to help chart the way out of the global economic downturn.

Germany, which has traditionally been one of the largest markets for environmental goods and services, has launched a plan aimed at securing its position as a world leader in eco-innovation. With an emphasis on increasing exports of environmental technologies, the plan recommends developing technology transfer partnerships, better marketing, and significant increases in government spending on research, particularly for small firms.

The plan focuses on three main areas: water, climate protection and raw materials. It sets a target to double raw material productivity by 2020, based on 1994 figures. Productivity increased by 29 per cent between 1994 and 2004, according to official figures.

Legislation plays an important role in encouraging innovation by requiring, for example, greener alternatives to existing technologies, the ministry says. The plan also stresses universities' central role in developing new technologies but does not address issues such as poor cooperation between academics and private research firms.

Across the border, Danish businesses also see continuing opportunities in the climate, energy and environment sector. Revenues are expected to rise by almost a quarter in the next few years, despite the global economic downturn, the Confederation of Danish Industry (DI) predicts.

German Environment Ministry: http://www.bmu.de; Danish government: http://www.denmark.dk

UK thinks big on climate measures

British experts are to explore the potential for using planetary-scale ‘geo-engineering’ techniques to tackle climate change.

Proposals to intervene in the Earth's natural climate system include placing giant mirrors in space to reflect sunlight away from the Earth. Another suggestion has been to release tiny particles into the upper atmosphere that could help cool the climate by reducing the amount of the sun's energy that reaches the Earth's surface. Other scientists have proposed fertilising the oceans with nutrients, such as iron, to promote blooms of phytoplankton which would soak up carbon dioxide from the atmosphere.

The study launched by the Royal Society, one of Britain's leading scientific institutes, is intended to help policymakers decide which techniques, if any, to investigate and deploy.

Meanwhile, the UK's Carbon Trust has initiated a multi-million pound project to commercialise algae biofuel by 2020.

Royal Society: http://royalsociety.org; Carbon Trust http://www.carbontrust.co.uk

New technology offers hope to arsenic problem

Over 70 million people in South East Asia could benefit from safe drinking water using new technology developed by European and Indian researchers.

An EU–India consortium, led by Queen's University Belfast, has resulted in the world's first low-cost technology to provide arsenic-free water to people in India and surrounding countries. It is hoped the technology will benefit other regions of the world with similar problems.

Queen's collaborated with the Bengal Engineering and Science University (BESU), Kolkata over a two year period and the two are now partners in the new Eastern India Water Research Institute (EIWRI) in Kolkata. EIWRI will be located at the BESU and include a second Indian partner, the Institute of Environmental Management and Studies.

Queen's University of Belfast: http://www.qub.ac.uk

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