JEM News

Legislation

EU launches air quality review; EPA approves new rule

Europe's approach to air quality has been thrown into the melting pot with the launch of a wide-ranging review of air quality policies and targets. The review, which includes public consultations, and meetings of stakeholder and national experts, is due to be finalised by early 2013. The move came as authorities in the US finalised flagship legislation aimed at reducing air pollution from coal-fired power plants.

The European Commission says its review is needed because some measures are poorly implemented and others, such as the national emission ceilings (NEC) directive, have expired or are due to shortly.1 New scientific evidence has also emerged on the health and environmental effects of known pollutants and fresh concerns have arisen over others, including fine particulate matter and black carbon. Air quality policies also need to be aligned with recent measures to tackle noise and climate change.2

The review is likely to result in a long-awaited NEC revision covering a broader range of pollutants and with targets for 2020, 2030 and possibly 2050. It might also bring new measures to address emissions from specific types of equipment or activity, such as car transport or wood burning, and closer cooperation with Member States over compliance, the Commission says.


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In the meantime, the Commission will continue to address more immediate air quality issues. These include the tightening of sulphur limits for shipping fuels, measures to tackle the difference between the NOx emissions in test and real-world situations, and the review of the pan-European Gothenburg protocol on air pollution.

On the first of these, shortly before the summer break the EU executive tabled a long-awaited proposal to set stricter limits on the sulphur content of marine fuels. The limits were adopted by the International Maritime Organization (IMO) in 2008. The proposal would lower the limit from 4.5% to 0.5% in 2020. For sulphur emission control areas (SECAs), such as the Baltic Sea and the North Sea, the limit would be lowered from 1.5% to 0.1% in 2015. Industry stakeholders are concerned that not enough low sulphur fuel will be produced to meet the global 0.5% goal and the new limits would significantly increase shipping costs, putting EU firms at a disadvantage.

Revisions are also underway in the US, where the EPA has finalised a new rule to improve air quality by cutting nitrogen oxides (NOx) and sulphur oxides (SOx) emissions that contribute to pollution problems in other states. The Cross-State Air Pollution Rule was finalised in July and is expected to bring $280 billion in annual health benefits. It replaces and strengthens the 2005 Clean Air Interstate Rule (CAIR), which the US Court of Appeals ordered the EPA to revise in 2008. The court allowed CAIR to remain in place temporarily while the EPA worked to finalize its replacement.

The EPA is also proposing secondary air quality standards to protect the environment from SO2 and NOx. The proposals set an additional standard for each pollutant, identical to the public health standards set last year. These standards reduce the amount of NOx and SOx in the air and the harmful effects that the pollutants have on sensitive lakes and streams. The EPA is planning to conduct a field pilot program on environmental impacts to collect and analyze additional data and information.

European Commission: http://ec.europa.eu/environment/air/review_air_policy.htm; marine fuel: http://europa.eu/rapid/(reference: IP/11/888); EPA: http://www.epa.gov/air/nitrogenoxides/actions.htmland http://www.epa.gov/crossstaterule/

Europe needs stricter water regime

Europe's approach to water quality monitoring needs to evolve to address a wider range of hazardous substances found in fresh and marine waters, according to a recent report by the European Environment Agency (EEA).

The report notes that while European legislation is relatively strong, new challenges exist including ‘emerging pollutants’ where potential effects are not yet fully understood. More effort is also needed to ensure that chemicals are produced and used more sustainably.

A number of substances, such as chemicals from pharmaceuticals and personal care products (PPCPs), are still not systematically covered by routine water quality monitoring programmes, the EEA says.3,4 Smarter monitoring is also required to better assess the risks posed by chemical mixtures [see also separate item below]. The current approach, which consists of focusing on a few pre-selected priority substances, is no longer sufficient.

The monitoring of well-known threats to rivers such as heavy metals must also be more consistent, according to the report. An analysis of recently-adopted river basin management plans shows some EU states measure concentrations in sediment and biota while others monitor these levels in water. This gives very different results. Because measurements in water are less accurate, countries using this method can also underestimate the risks posed by these toxic substances, says the EEA. Ultimately, this could jeopardise achieving the water framework directive's good chemical status goal for 2015.

Data provided by the European Pollutant Release and Transfer Register (E-PRTR) must also improve. The reporting of certain discharges is incomplete, making it impossible to confirm that emission cuts have led to a drop in concentration levels.

The EU is currently considering a major overhaul of its water policy.5

EEA: http://www.eea.europa.eu/publications/hazardous-substances-in-europes-fresh

Environmental quality

China condemned on rare earth exports

China's approach to exports of rare earth metals such as magnesium and other key raw materials has come in for strong criticism from the World Trade Organisation (WTO). Its claims that export restrictions are needed on environmental or health grounds are unjustifiable and must be removed, a WTO panel concluded.

The case was brought by the EU, US and Mexico in 2009. They say the tactic puts foreign producers at a major disadvantage, increasing China's export prices and limiting the resources' availability on the global market.6 China claims the measures help conserve its natural resources and prevent a critical shortage of exhaustible products. However, the WTO panel said China had failed to show it had also cut domestic production and consumption to achieve this goal, or that the quotas were health-motivated.

The WTO's Dispute Settlement Body will now call on China to conform with the conclusions.

The European Commission recently published a strategy to secure supplies of raw materials such as rare earths. The European Parliament is due to vote on the strategy in September.

World Trade Organisation: http://www.wto.org/; European Commission: http://europa.eu/rapid/(reference: IP/11/834)

Africa must speak with one voice at Rio

African heads of state have stressed the need for a common voice on sustainable development in the run-up to next year's major Rio + 20 conference. Heads of state and government ministers from 53 states were among 130 participants at a roundtable event held in Equatorial Guinea.

Organised by the UN Environment Programme (UNEP), the African Union Commission, and others, the roundtable provided a platform for the continent's preparations for next year's UN Conference on Sustainable Development (Rio + 20). The two main themes of Rio + 20 – the Green Economy in the context of sustainable development and poverty eradication, and the institutional framework for sustainable development – were the focus of discussions.

“Africa is a region with perhaps the most to gain from a worldwide shift towards a Green Economy”, UNEP Executive Director Achim Steiner told participants. “Rio + 20 could represent an evolution of sustainable development that recognizes and values Africa's assets” and “unleash its inordinate potential as a major force in a sustainable 21st century”, added Mr Steiner.

A recent UNEP report highlighted how Africa's rapid urbanisation presents challenges for supplies of water and sanitation services.7

UNEP: http://www.unep.org/; African Union: http://au.int/en/summit/17thsummit

Partnership to secure urban waterways


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A new federal partnership aims to revitalise urban waterways in communities across the US.

The Urban Waters Federal Partnership (UWFP), an innovative federal union comprised of 11 agencies, aims to stimulate regional and local economies, improve quality of life, and protect health by bringing new life to urban waterways in under-served communities across the country. The initiative is part of the Obama Administration's National Clean Water Framework unveiled earlier this year.8

“Too often, pollution, lack of access, and other barriers don't allow urban residents to reap the health and economic benefits of rivers and other nearby waterways,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. The Partnership would increase “Federal coordination with local communities to support their work towards cleaner, healthier rivers and waters”, she added.

Work will focus initially on seven pilot locations, each of which already has a strong restoration effort underway. Lessons learned from these pilot locations will be transferred to other US cities.

UWFP: http://www.urbanwaters.gov/

Chinese pollution “masking climate change”

China's huge investment in coal-fired power stations in the last decade has masked the impact of global warming because of the cooling effect of their sulphur emissions, new research has revealed. But scientists warn that rapid warming is likely to resume when the short-lived sulphur pollution – which also causes acid rain – is cleaned up and the full heating effect of long-lived carbon dioxide is felt.

The last decade was the hottest on record and the 10 warmest years have all occurred since 1998. But within that period, global surface temperatures did not show a rising trend, leading some to question whether climate change had stopped. The new study, published in the Proceedings of the National Academy of Sciences, shows that while greenhouse gas emissions continued to rise, their warming effect on the climate was offset by the cooling produced by the rise in sulphur pollution. This combined with the sun entering a less intense part of its 11-year cycle and the peaking of the El Niño climate warming phenomenon.

The number of coal-fired power stations in China multiplied enormously in that period: the electricity-generating capacity rose from just over 10 gigawatts (GW) in 2002 to over 80 GW in 2006 (a large plant has about a 1 GW capacity). Chinese coal consumption doubled between 2002 and 2007: the previous doubling had taken 22 years.

Rather than suggesting that cutting carbon emissions is less urgent due to the masking effect of the sulphur, Prof Robert Kaufman, at Boston University who led the study, said: “If anything the paper suggests that reductions in carbon emissions will be more important as China installs scrubbers, which reduce sulphur emissions. This, and solar insolation increasing as part of the normal solar cycle, [will mean] temperature is likely to increase faster.”

Kaufman's team analysed possible reasons for the flat 1998–2008 temperature trend using climate models and concluded that it was unlikely to be due simply to the random variation inherent in the planet's climate system. Instead they found the effect of sulphur, the sun and El Niño dominated, with the El Niño climate phase peaking in 1998 – the hottest year ever recorded – then moving into a phase dominated by its cooler mirror image, La Niña. The scientists ruled out changes in water vapour or carbon soot in the atmosphere as significant factors.

The cooling effect of sulphur pollution on the climate has long been recognised by scientists studying volcanic eruptions, which have, for example, caused failed crops and famines in the past. Sulphur dioxide forms droplets of sulphuric acid in the stratosphere, which increases the reflection of the Sun's heat back to space, cooling the Earth's surface. The effect also explains the lack of global temperature rise seen between 1940 and 1970 when there were few controls on sulphur emissions. Overall, the study confirms earlier research on the upward trend in global sulphur emissions.9

PNAS: http://www.pnas.org/cgi/doi/10.1073/pnas.1102467108

Chemical hazards

EC consults on chemical mixtures

In Europe, the health and environmental risks of mixtures of chemical substances is moving up the political agenda after the European Commission launched a public consultation. Three of its scientific committees have recently issued opinions on the issue.

EU legislation currently considers the risks of chemicals in isolation. Chemical mixtures are much harder to assess and the scientific literature patchy. In 2009, ministers asked the Commission to consider whether Europe's current approach needed to be amended. The Commission referred the question to its scientific committees on consumer safety (SCCS), health and environmental risks (SCHER), and emerging and newly identified health risks (SCENIHR).

The committees have produced a flow chart to choose the most appropriate risk assessment method for different types of chemical mixture. This makes a distinction between substances acting in the same manner and those with different modes of action. If the modes of action are unknown it is safer to assume they are similar, the scientific experts say. Where doses of the constituent chemicals are below the levels expected to cause an effect individually there should also be no effect in combination, it continues.

The committees' opinion also recommends criteria for deciding which mixtures should be assessed first. Suggestions include substances produced or sold as mixtures, mixtures with components known to be persistent in humans, wildlife or the environment, and cocktails of chemicals thought to act in similar ways.

European Commission: draft opinion: http://ec.europa.eu/health/scientific_committees/environmental_risks/docs/scher_o_150.pdf

Advice on RoHS exemptions

Final recommendations have been published for seven substances proposed for exemption from the RoHS directive on hazardous substances in electronic goods. They cover uses of lead, cadmium and mercury.

In advice to the European Commission, German consultancies Nko-Institut and Fraunhofer IZM recommend a variety of exemptions, some new, others existing. A new exemption is recommended for cadmium as a pigment used in vitreous enamel. The consultancies also suggest a new exemption for the use of lead in integrated capacitors with PZT-based dielectric ceramics, a recommendation made following a previous consultation. An exemption for cadmium in photoresistors for analog optocouplers that expired in 2009 should be renewed, they add.

An existing exemption for lead oxide in seals used in argon and krypton laser tubes should also be renewed. But two exemptions for cadmium alloys in high-powered loudspeakers and lead in mercury-free flat fluorescent lamps should be ended.

The proposals will now be subject to the EU's legislative procedures.

Final consultancy report: http://rohs.exemptions.oeko.info

New warnings on glyphosate

Green groups are stepping up the pressure over use of the herbicide glyphosate, saying the EU has relied too heavily on information from industry in assessing its safety.

In a new report, Greenpeace references around 200 peer-reviewed studies suggesting, it says, that glyphosate is more harmful than industry-backed data suggest. Links have been drawn to cancers, birth defects and neurological illnesses and some studies suggest glyphosate may be an endocrine disruptor, Greenpeace says. There are also concerns about the effects glyphosate has on nutrient availability and microbes when it binds with soil particles. Current assessments are too limited to fully address the complex interactions between plants, soils and microbes, it says.

Glyphosate is used in a number of widely-used products including Monsanto's Roundup. Its use has increased significantly, particularly in North and South America, with the introduction of glyphosate-tolerant genetically modified crops.

The EU has delayed its reassessment of the herbicide, prompting a legal challenge from Greenpeace and PAN Europe, another NGO. Greenpeace also wants the maximum residue levels (MRLs) at which glyphosate is allowed in food, set at UN level, to be reviewed.

Greenpeace: http://www.greenpeace.org

REACH: working well, needs more money

REACH, Europe's regime for chemicals regulation, is generally working well but risks being underfunded in some areas. These are the key messages of the annual report by the European Chemicals Agency (ECHA), the body that overseas the scheme.

ECHA is asking the European Commission to review the regime's charging structure, with a view to increasing the fees companies pay for registering substances under REACH from 2013. It is also asking the Commission to let it impose penalties in cases of severe non-compliance and charge for some helpdesk enquiries, and to prevent different substances being registered under the same dossier.

ECHA is required by law to review the regime's operation every five years and the report also covers its sister regulation on classification, labelling and packaging (CLP). Industry and regulators are taking time to adapt to the new regulatory environment, the Agency says, which requires chemical companies to prove substances are safe instead of regulators having to show they are not. The first 2010 registration deadline also threw up a number of logistical problems [JEM, 2011, 13, 238].

The Agency relies on REACH fees as its primary source of revenue and funds have been more sporadic than originally expected. There is also uncertainty over the number of authorisation requests, and therefore fees received, as users of affected substances seem to be switching to alternatives. The Commission underestimated some of ECHA's running costs, notably the impact of freedom of information requests and helpdesk enquiries, but the Agency suggests administrative burdens could be eased by working more closely with national agencies within and outside the EU on substance assessment.

ECHA: http://echa.europa.eu

Call for mercury-free chlorine

Green groups in Spain are calling on the chlorine industry to phase out the use of mercury following the release of government data revealing above legal levels of mercury in fish. Spain's health ministry has since recommend that children and pregnant women avoid eating swordfish and other widely-consumed fish species.

Under the IPPC directive, chlor-alkali plants were meant to adopt best available techniques (BAT) by October 2007. In this case, BAT guidance recommends using asbestos-free diaphragm cells and membrane cells. However, this has still not been achieved in Spain, despite years of campaigning and high food contamination levels, according to green group Oceana.

In 2006, the Spanish government and chlorine industry signed a voluntary agreement setting a 2020 deadline for ending the use of mercury cells. This phase-out date was backed by EU environment ministers in March, but Oceana says this is far too late. Monitoring by another NGO has reportedly shown high mercury concentrations in the air around two such plants.10

Also, EU governments have approved new rules on the temporary storage of mercury waste proposed by the European Commission in May. However, they want the implementation deadline to be extended by one year to March 2013, according to a note issued by ministers. The rules, which will be added to the 1999 landfill directive, include a requirement that mercury be stored separately from other waste in containers free of cracks and gaps. Brussels will conduct more studies before proposing rules on the permanent storage of mercury waste. A ban on the export of such waste came into effect on 15 March.

Oceana: http://eu.oceana.org; Council of Ministers: http://register.consilium.europa.eu

Agency strengthens key data source

The EPA has announced plans to improve its Integrated Risk Information System (IRIS) programme as part of an ongoing effort initiated in 2009 to strengthen data on public health. IRIS is a public database that provides high quality science-based assessments used to inform the Agency's decisions on protecting public health and the environment

The EPA says the improvements will make IRIS clearer and more transparent. All new IRIS assessment documents will be shorter, clearer and more visual and concise. To make the scientific rationale behind the assessments and toxicity values as transparent as possible, the EPA will evaluate and describe the strengths and weaknesses of critical studies in a more uniform way. The Agency will also indicate which criteria were most influential in evaluating the weight of the scientific evidence supporting its choice of toxicity values. A new peer consultation step will be introduced early in the development of major IRIS assessments to enhance the input of the scientific community as assessments are designed.

The latest actions follow recommendations earlier this year from the National Academy of Sciences (NAS).

EPA: http://www.epa.gov/iris/

Glymes under the spotlight

The EPA is bringing forward proposals to require companies to report new uses of chemicals known as glymes in consumer products. It follows concerns that additional uses of these 14 chemicals could lead to harmful reproductive and developmental health effects.
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Glymes – a family of chemicals based on dimethoxyethane – are solvents used in a wide array of applications including printing ink, paints and coatings, adhesives, household batteries and motor vehicle brake systems.

The proposed regulatory procedure is known as a significant new use rule (SNUR) under the Toxic Substances Control Act. The SNUR would ensure that, prior to the manufacture, import, or processing of these chemicals for a significant new use, the EPA will have 90 days to evaluate potential risks, and prohibit or limit the activity if warranted.

Federal eRulemaking Portal: http://www.regulations.gov (reference: EPA–HQ–OPPT–2009–0767)

Public & occupational health

Parliament strengthens GM proposal

Europe's on-going row over genetically modified (GM) crops has taken a new turn after the European Parliament voted overwhelmingly in favour of allowing environmental grounds to be appropriate justification for national bans.

MEPs were debating European Commission proposals, tabled in July 2010, which specified a series of criteria against which Member States could introduce national bans on GM crops.11 Environmental protection and safety reasons were initially omitted from the list but the Commission later said such bans could be justified on environmental grounds. The Parliament's resolution which follows earlier advice from its Environment Committee,12 now makes clear environmental justifications should be cited in the law.

“This vote would give greater legal certainty to countries or regions wishing to introduce bans. Importantly, GMO cultivation could be banned on environmental grounds' such as biodiversity protection, or if there is a lack of adequate data on the impact of cultivating a GM crop,” said Green MEP Bart Staes.

MEPs also called for mandatory anti-contamination measures, as well as strict liability rules designed to ensure that the polluter pays for damages that might occur due to the cultivation or placing on the market of GMOs.

Governments are split over the plans and several countries have indicated they do not want to begin first-reading talks with MEPs until they are able to agree a common position among themselves.

Meanwhile, imports of animal feed into the EU will be allowed to contain traces of unauthorised GM material below 0.1% after new rules entered into force. This limit corresponds to the margin of error in test results and was agreed by experts earlier this year.13 It was introduced after importers and farmers complained some shipments that contained no GM material were being sent back because this margin of error was not taken into account. The 0.1% limit will only apply if the GM variety involved has previously been authorised in at least one non-EU country. Importers and agriculture lobbyists now plan to ask for similar rules for food imports.

European Parliament: http://www.europarl.europa.eu/; Green MEPs: http://www.greens-efa.eu; FoE Europe http://www.foeeurope.org

Probe into public health effects of Gulf spill

Researchers in the US are to evaluate the public health effects of the Deepwater Horizon disaster. A five-year, $25.2 million programme, funded by the National Institute of Environmental Health Sciences (NIEHS), will conduct research to evaluate the level of potentially harmful contaminants in air, water, and seafood, and assess their relationship to health outcomes.
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In contrast to NIEHS' Gulf Long-term Follow-up Study, known as the GuLF Study,14 which is focused on the oil spill cleanup workers and volunteers, this new research will concentrate on the range of acute and long-term health effects to the general public. Four universities will be involved in population-based and laboratory research, including assessments of potential harmful effects of the spill on reproduction and birth outcomes, the cardiorespiratory system, and behaviour and mental health.

“Throughout the Gulf region, scientists and community groups will work hand in hand to address the needs of those most impacted,” said Dr Gwen Collman, director of the NIEHS Division of Extramural Research and Training, which will closely monitor the progress of the research components. “A focus will be on the physical and psychological health of vulnerable populations, especially pregnant women, children, fishermen, immigrants, and minorities.”

In addition to sharing data and research results, each of the four institutions will implement a community resilience project, in order to better understand how local populations respond to and recover from disasters.

NIEHS: http://www.niehs.nih.gov/about/od/programs/gulfspill/gulfconsortium/index.cfm

Air pollution still a health threat

Poor air quality continues to claim tens of thousands of lives in Britain each year, experts say, and shortens the lives of nearly 200[thin space (1/6-em)]000 others. Some 55 years after the UK's 1956 Clean Air Act, campaigners say action on a similar scale is needed once more.

A coalition including Asthma UK, Campaign for Better Transport and Friends of the Earth has launched a “healthy air” campaign calling on the Government to act. The new threat is far less obvious than the visible levels of smog of the mid-20th century, they say. Tiny particles of particulate matter cannot be seen to the naked eye but can be deadly.

About 30[thin space (1/6-em)]000 people died from air pollution in Britain in 2008, according to Professor Frank Kelly of the Environmental Research Group at King's College London. At a recent Parliamentary inquiry into air quality, he warned: “We have this new problem that we cannot see: it is tiny particles of nitrogen dioxide.” The lives of 187[thin space (1/6-em)]000 people who die from heart disease have been shortened as a result, “losing on average three years of their life.”

In a statement, DEFRA, the environment ministry for England and Wales, acknowledged that “more needs to be done to improve air quality” and that it was “working towards full compliance with European air quality standards”.

Many European cities are struggling to comply with air pollution legislation and a recent World Health Organisation report predicted significant health and environmental benefits from further strengthening controls on fine particle pollution.15

UK Parliament: http://www.parliament.uk

Research activities

Dealing with pollution James Bond style

With around 300[thin space (1/6-em)]000 contaminated sites in Europe, developers and operators are always on the lookout for ways to cut the cost of testing and treating such sites. Yet the limitations of current technology mean that chemical laboratory tests are expensive, slow and often miss out on hot-spots of toxicity in the soil. Now a UK-based company has developed a cheaper and portable method of testing soil for the most common pollutants, polyaromatic hydrocarbons (PAHs).
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Over the past ten years a team of six at Crown Bio Technology Ltd, UK, (CBT), led by managing director Ed Bell, has developed a solution that practically anyone could use, including homeowners themselves. Safe Soil Tester (SST) is a high-tech, portable device confined to a James Bond-style briefcase, that is linked up to GPS through the European Galileo satellites, which allows accurate mapping of contamination and quick data transmission for analysis.

“The SST technology is primarily a toxicity screen – a fast way to say that there is a problem and the soil may be carcinogenic,” explained Bell. Instead of collecting samples to take back to the lab, the portable SST can easily be taken to the testing site and provides test results in a matter of minutes. A soil sample extract is mixed with a sample of bioluminescent bacteria, Vibrio fischeri. If a soil sample is toxic, the micro-organism dies and the instrument detects the change of luminescence and measures it on the toxicity scale. The test will thus pick up the combined effect of even small amounts of toxins, which would not have been picked up by chemical testing.

There is interest in developing similar technologies to detect bio-warfare agents and nuclear radiation in the fight against bio-terrorism. The project was part-funded through Eureka, a European technology development scheme.

Eureka: http://www.eurekanetwork.org/

EU inspired towards common standards

The European Commission is consulting on common standards for the use of environmental data under the INSPIRE directive on spatial data infrastructure. The aim is to help improve data analysis and modelling across the EU.

For example, the standards will improve the monitoring of progress in achieving EU objectives in areas such as energy consumption. At the moment, the margin of error can be as high as 20%, according to the Commission.

Guidelines drafted by experts will be subject to consultation until 21 October. They cover 25 thematic areas such as land cover, energy resources, habitats and biotopes, and sea regions. Final adoption is expected in 2012.

The INSPIRE directive will be applied in stages, with full implementation in 2019. The launch of the consultation coincided with a conference in Scotland to discuss how the INSPIRE system can contribute to Europe's 2020 strategic goals.

INSPIRE: http://inspire.jrc.ec.europa.eu/index.cfm

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This journal is © The Royal Society of Chemistry 2011
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