Committee Reports > List of Committees > Joint > 1977 > Committee on the Secondary Legislation of the European Communities > Report No. 50 - Pollution of Atmosphere

REPORT

1. Introduction

The Joint Committee has examined the following draft instruments which arise out of the Programme of Action of the European Communities on the Environment of 22 November, 1973:

Draft Resolution concerning the determination of criteria and draft Directive concerning health protection standards for sulphur dioxide and suspended particulate matter in urban atmospheres (R/540/76).

Draft Directive relating to the use of fuel-oils with the aim of decreasing sulphurous emissions (R/90/76).

Documents R/90/76 and R/540/76 were issued by the Commission in January and February, 1976 respectively and the proposals have since been under consideration by the Council Working Party on the Environment. While a decision by the Council on proposal R/540/76 might reasonably be expected during the course of this year, it appears likely that a decision on proposal R/90/76 will be delayed pending the outcome of the former.

The proposed Directive on health protection standards is based on Article 235 of the EEC Treaty which enables the Council to take appropriate measures for the attainment of one of the objectives of the Community where the Treaty has not provided the necessary powers. The proposed fuel-oil Directive is based on Article 100 of the same Treaty which article deals with the approximation of national laws which affect the functioning of the Common Market.

2. Contents of Proposals

Health protection standards for sulphur dioxide and suspended particulate matter in urban atmospheres are dealt with in the draft Resolution and the draft Directive contained in document R/540/76.

The draft Resolution proposes the approval of certain criteria as establishing the relationship between given exposures and observable effects on man and the selection of specified exposure levels as a basis for establishing quality objectives and standards.

The draft Directive contains the following provisions:—

(a) Maximum permissible daily concentrations of sulphur dioxide and particulates in urban atmospheres are to be laid down. These are based on the concentrations in the draft Resolution.

(b) Member States are to take measures to ensure compliance by 1982 with the proposed standards, subject to specified exceptions (certain weather conditions when higher levels may be tolerated for a short term) during a transitional period ending in 1987.

(c) Monitoring networks are to be set up in urban areas at risk to atmospheric pollution. Member States are to furnish information on pollution levels to the Commission.

(d) A committee of national representatives with responsibility for adjusting standards in the light of scientific and technical progress is to be set up.

The draft Directive on the sulphur content of fuel-oils contained in Document R/90/76 would oblige Member States to ensure that, with certain exceptions, only low sulphur fuel-oil is sold to certain combustion installations and again, with certain exceptions, that only such oil is used by these installations.

Where atmospheric sulphur dioxide and dust exceed specified levels, Tiber States must designate zones of special protection. The proposed levels correspond with those in the draft Resolution and Directive on atmospheric pollution in Document R/540/76. Inside the protection cones, with some exceptions, only low sulphur fuel could be used after October, 1978.

Outside these zones, installations of over 100 mw causing local concentrations of SO2 and dust would also be required to utilise low sulphur fuel-oil. During certain weather conditions other installations contributing significantly to atmospheric pollution would be required to switch over to low sulphur fuel-oil.

Low sulphur fuel-oil is defined as having less than 2% sulphur. From June, 1983 it is proposed that 1% be the maximum permissible sulphur content.

3. Health Protection Standards

Although the exposure levels selected in the draft Resolution have been criticised on the grounds that they would provide inadequate protection for some varieties and species of plants, the advice generally available to the Joint Committee is that the criteria and standards proposed in the draft Resolution and draft Directive are reasonable.

While the implementation of the draft Directive may well present some difficulty, the Joint Committee believes that it should be possible in this country to meet the standards proposed. Monitoring networks operated by sanitary authorities already exist in Dublin and other main urban areas*. Additional stations have been set up in a number of areas in recent years and the Joint Committee has been assured that the need for any further extension of the network or additional equipment will be kept under review.

4. Fuel-Oils

The Joint Committee is advised that on the results, available to date, relating to sulphur dioxide and suspended particulates in major urban areas, it does not appear that levels measured for any substantial area would exceed the standards proposed in the second draft Directive. Consequently, the need to declare zones of special protection is not at present foreseen.

The Joint Committee, however, believes that the adoption of article 6 of the proposed Directive would cause considerable difficulty in this country. This provision would oblige combustion installations outside zones of special protection with a thermal power rating of 100 mw to use low sulphur fuel-oil “as soon as for a 24-hour period the average concentration of sulphur dioxide and of suspended particulate matter at ground level within the area of influence of these installations” exceeded specified limits.

The Joint Committee is advised that our present monitoring system is incapable of providing continuous monitoring, analyses and recording of sulphur dioxide and suspended particulate levels within or immediately after any 24-hour period and the question of more sophisticated monitoring systems at certain combusion installations would, therefore, arise.

This provision, if adopted, would affect certain ESB power stations. According to the Board major expenditure would be involved. No doubt this would result in dearer electricity.

In so far as low sulphur fuel-oil may be required to satisfy the Directive, the Joint Committee is informed that such oil could only be made in Ireland by technical change in crude oil supply patterns with substantially more expensive crudes being directed into Whitegate. These low sulphur crudes, as well as being expensive, will, the Joint Committee is advised, be in short supply at least until there is a significant contribution of low sulphur oil from the North Sea and our domestic offshore sources. Moreover, the Joint Committee is assured that the cost of fuel-oil de-sulphurisation is prohibitive and the present scale of operations at White-gate would not justify such expenditure.

The problem of air pollution in Ireland is much less acute than in other Member States and the Joint Committee believes that the adoption of the proposed article 6 would be of minimal benefit to us. It is not satisfied that the considerable cost involved would be justified at present.

5. Acknowledgements

The Joint Committee wishes to place on record its appreciation of the assistance which it was given in its consideration of these proposals by the following:—

(a) Mr. Donal Flood, MRIA;

(b) The Department of Social Medicine, T.C.D.;

(c) The Faculty of Agriculture, U.C.D.; and

(d) Royal Dublin Society.

(Signed) CHARLES J. HAUGHEY,

Chairman of the Joint Committee.

23rd March, 1977.

*See Reports of the Department of Local Government 1972/73-1974 (Prl. 4821) and 1975 (Prl. 5534).