Ministry of Environment, Sweden
Mercury - investigation of a general ban
Report by the Swedish Chemicals Inspectorate in response to a commission from the Swedish Government.
SUMMARY
Mercury is one of the most hazardous environmental toxins and is a threat to human health and the environment. Mercury cannot be broken down but accumulates in soil, water and living organisms. The more mercury is supplied to society the more the levels in the environment increase. It is therefore of great importance that the use and release of mercury should be eliminated. Sweden has up to now been successful in the phasing-out of the use of mercury. At the start of the 1990's, mercury-containing instruments and electrical components were prohibited and an export ban was imposed on mercury, its chemical compounds and preparations that contain mercury. Restrictions for mercury have also been introduced within the EU, e.g. for batteries.
However, areas of use remain - and new ones may arise - which are not covered by current legislation. A general ban would correspond better with the Swedish environmental-quality objective "A non-toxic environment" which implies, among other things, the newly produced goods should as far as possible be free from mercury before the end of 2003[2].
The commission
In November 2003 the Government commissioned the Swedish Chemicals Inspectorate (Keml) to report by 30 June 2004 on whether it is possible to introduce a general national ban on the handling, import and export of mercury, and if so how such a ban could be framed.
In accordance with this commission, an analysis of EC law has been carried out to identify within what areas it is possible to introduce stricter national rules compared with the EU. The investigation's impact assessments have been concentrated on these areas together with areas of application, which up to now have been unregulated within the EU and in Sweden. The principal applications which the investigation covers are dental amalgam, analytical chemicals, disinfection of medical equipment, research and development, the chlor-alkali industry, cosmetics, and equipment with mercury containing instruments and components.
Proposal
KemI proposes that a general ban should be introduced which prohibits mercury[3] or goods that contain mercury being placed on the Swedish market or exported commercially from Sweden. The proposal also contains a ban on the use of mercury.
Goods that are already on the market or are in use may continue to be used.
The proposal also contains a ban on the export of waste that contains mercury. KemI proposes that the Swedish Environmental Agency should have the possibility of granting exemptions for the export of waste for recovery in industrial cases if there are special reasons and also of imposing the condition that the mercury shall be re-imported into Sweden for final disposal.
Mercury which occurs naturally, e.g. in coal, ores and ore concentrates, has been excluded from the ban since this investigation only covers mercury as an international additive in chemical products and goods. KemI considers, however, that it is important that a separate investigation be made of the possibilities for and impacts of a regulation of the export of mercury especially in ore concentrations.
KemI has identified a number of areas where harmonized EC legislation makes it very difficult to introduce national rules and these are therefore excluded from the ban in the proposed ordinance. This applies, for example, to batteries, light sources and vehicles.
In addition, KemI has made the judgment that there is a need for time-limited[4] exemptions from the ban for certain uses, see below. On the assumption that the proposed ordinance comes into force, KemI intends to introduce general exemptions for these uses in its regulations. KemI also proposes that it should have the possibility of granting exemptions from the general ban in individual cases--if there are exceptional reasons.
Dental amalgam
KemI judges that there are strong grounds for banning amalgam[5] for environmental reasons. From a health point of view there is every reason to apply a precautionary approach. There are other dental filling materials available on the market which meet the needs encountered in normal dental care for children and adults. Within hospital dental care, there may be a need to use amalgam for treating adult patients in exceptional cases where for special medical reasons other treatment methods cannot be used to give a sufficiently good result. KemI and the National Board of Health and Welfare here-fore propose such and exception until 31 December 2008. The proposal contains a special requirement for the dentists carrying out the treatment to keep records so that the need for the exemption can be evaluated.
Analytical chemicals
Mercury compounds are used for various kinds of analysis in many different situations. kemI judges that its use can be phased out in most of the applications, given time for the development and testing of alternative methods. For some areas a special need for exemptions from the general ban has been identified, as follows:
Analysis of mercury
Mercury is an element that will always need to be monitored as regards its occurrence and residue levels. KemI proposes therefore that mercury compounds for the analysis of mercury be exempted from the general ban with no time limit.
Analysis in the medicinal products sector
In the medicinal products sector there are specific standardized analytical methods for products, raw materials, etc, which are collected in pharmacopoeias. In EC directives there are requirements that the pharmacopoeias be complied with. KemI therefore proposes an exemption until 31 December 2012 to give a reasonable time for the development of new analytical methods and their inclusion in the European Pharmacopoeia.
Analysis of COD
Chemical oxygen demand (COD) is a measure of the theoretical oxygen consumption of a water sample, i.e. the amount of oxygen needed to break down the organic matter in it. For most applications there are mercury-free alternative methods, but a transitional period is necessary from both technical and in certain cases economic points of view. KemI therefore proposes an exemption until 31 December 2008.
Medical diagnosis
At present, there is no alternative to mercury in making certain medical diagnoses. KemI proposes that mercury compounds be exempted for analysis and also research and development in the field of medical diagnostics until 31 December 2008.
Other analysis
Since it is difficult to form a comprehensive picture of each individual application and every alternative KemI proposes that mercury compounds for analytical use--other than those uses specified above--should be exempted from the general ban until 31 December 2008 to make possible the development of changeover to mercury-free analytical methods.
Research and development
In addition to the fact that mercury compounds are used for analyses within research and development in industry and universities there are other examples of use in R&D, e.g. as catalysts or inhibitors and in environment- and health-oriented research. By including the use of mercury in R&D in the ban, KemI wants to hinder new applications of mercury. To make possible the development of alternative methods KemI considers that an exemption for mercury compounds for R&D is justified until 31 December 2008.
Chlor-alkali production
KemI judges that a national ban on the use of mercury for chlor-alkali production creates no further impacts on the companies concerned beyond those that follow from the EC integrated Pollution Prevention and Control Directive [IPPC Directive, 96/61/EC]. In accordance with the Government's previously announced target and Sweden's international commitments it is proposed that the use of mercury for chlor-alkali production shall cease on 31 December 2009.
Seam welding
Seam-welding machines are used in the manufacture of ventilation ducting and cans. The machines that are used for straight seams can be modified to use a mercury-free technique. But there is currently no alternative technique for curved seams. KemI proposes that seam-welding wheels as spare parts and metallic mercury for refilling them be exempted from the general ban until 31 December 2010 for the welding of straight seems and until 331 December 2014 for curved seams to allow time for conversion and the development of alternative techniques.
Other uses In addition to the above applications, time-limited exemptions are proposed from the general ban for using mercury for disinfection f certain medical equipment, in tracking devices for wildlife and in thermometers for flash-point determination.
Impacts The aim of the general ban is to reduce as far as possible the use and supply of mercury to society and hence to the environment. The proposal for a general ban is judged to lead to a reduction in the new supply of mercury in chemical products and goods to society from about 340 kg (2003) to about 260 kg per annum. When the majority of the proposed exemptions have expired after three to five years, it is calculated that the supply of mercury will decrease by about a further 70 kg per annum to about 190 kg.
It is principally the bans on amalgam and analytical chemicals that produce the reduction in the new supply of mercury. The use of amalgam has been identified as the single largest source of mercury in sewage sludge, and crematoria are a large source of emissions to air in Sweden. Therefore a ban on amalgam is very important from an environmental point of view. The use of mercury compounds for analytical purposes risks the contamination of sewage sludge and leads to the production of mercury-contaminated waste which must be dealt with. A ban in accordance with the proposal implies that these quantities will decrease and in the long run be minimized.
According to the proposal, the two Swedish chlor-alkali plants will have to cease using mercury at the end of 2009. The about 400 tons of mercury used in the process must then be dealt with as hazardous waste and prepared for final disposal. The release of about 40 kg of mercury per annum in process-related discharges will then also cease.
KemI's judgment is that Swedish companies have the possibility to comply with the proposed regulation of mercury. For the companies and users where the investigation has indicated significant adverse impacts, time-limited exemptions from the general mercury ban have been proposed in order to facilitate adaption and the development of alternative methods. The transition period proposed will also take account of the situation of small enterprises. Companies and users will thus be given time to adapt themselves to the new rules. The impacts of the proposal on companies and users will therefore be in reasonable proportion to the positive effects the proposal will have on the environment.
http://www.mercuryexposure.org/index.php?policy_id=16