Legislative Driven Environmental Analysis [Jan 2006]
Continually developing analysis contributes to the provision of data
Legislative Driven Environmental Analysis
Continually developing analysis contributes to the provision of data
The environmental analysis industry in the UK is heavily influenced by Community/UK legislative developments and regulated national standards developing rapidly over the last five years as new legislation and regulations have been introduced. Laboratories performing environmental analysis need to be aware of the changes in a wide range of sectors including pollution control and prevention, remediation and sustainable development, in order to meet the requirements of customers and other stakeholders. Customers' needs invariably include the safeguarding of human health and the prevention of adverse environmental impacts from commercial activities.
Some of the requirements for testing will stay the same; including the analyte, its form, the matrix (sediment, water etc.) and the overall reliability of the test method. What is challenging, to a degree, is new types of tests and the actual parameters under test as well as lower reporting levels required in the light of tighter Environmental Quality Standards (EQS) associated with the testing. In addition to the current chemical, microbiological and biological testing, protocols for Direct Toxicity Assessment (DTA) have been laid down by the Environment Agency (EA), for example in the support of IPPC permitting and an increasing number of Biosensors are being offered in the testing marketplace.
As the EU develops, it is changing its approach from piecemeal legislation for the environment to a Thematic Strategy. We are seeing the publication of more Framework Directives, such as Water, Soil and Waste to address key aspects of the environment in a holistic manner. With the introduction of each new piece of legislation, or amendments to existing regulations, comes a fresh new challenge for laboratories conducting environmental analysis and their customers. In recent years a number of fundamental pieces of legislation have been introduced that have led to the development of new techniques and technologies in environmental analysis. These tools are used for decision making with the following legislative drivers.
The Water Framework Directive Directive 2000/60/EC, The Water Framework Directive (WFD) is the most comprehensive measure yet for EU water protection policy. The WFD requires that EU surface water bodies, including rivers, certain lakes, estuaries and coastal waters achieve good status by 2015. This will be ascertained by judging them on their ecological and chemical quality and groundwater bodies on chemical quality and quantitative water balance. Some new classification schemes are to be introduced, which will eventually replace the General Quality Assessment for river quality and some other EU Water Directives. It provides a vehicle for the prevention and control of chemical pollution of surface waters. Groundwaters are being addressed by the proposal for a Groundwater Directive, which has just been adopted by the European Parliament. (EP) and Council of Ministers. (CM). The WFD will impinge on Part 2A of the EPA 1990.
A key aspect for environmental testing laboratories is the proposed Directive on Environmental Quality Standards, which is needed to support the WFD. This proposal, Com (2006) 397 addresses what are termed Priority Substances (PS) (or substance groups) and other pollutants in the field of water policy. This Directive contains 41 parameters, which have concentration limits (Environmental Quality Standards, EQS); the group includes 33 substances that the EP and CM have designated 'Priority Substances' for EU action under the WFD. These have been identified as a significant risk to the aquatic environment due to usage and concentrations in surface waters. A further 8 substances covered by current legislation are also included. The 41 parameters comprise pesticides, heavy metals as well as substances such as flame-retardants. Of the 33 parameters, 13 are also specified as 'Priority Hazardous Substances' (PHS) as they are toxic and persist in the environment as well as bioaccumulating in food chains. Following a review, two of the 13 were PS (Anthacene and Endosulfan), have been changed from PS classification to PHS. In future, the number of PS compounds may increase to 60 or over, in any event, no more are to be added before 2008. The concentrations of each substance measured will be as an annual average - EQS AA or as a maximum acceptable concentration - EQS MAC.
Environmental Testing Laboratories have to gear up to ensure the analysis they offer meets the requirements of the WFD.
Some tests present analytical challenges due to the nature of the substance, the matrix in which it occurs or the level of the EQS. These include Polybrominated Diphenyl Ethers, used as fire retardants and Alkylphenols, sometimes used in detergent manufacture. For the organic materials, some of the recently introduced advanced chromatography equipment is required for isomer resolution and detection. Laboratories across Europe have been collaborating on analytical techniques to quantify these and other parameters in the proposed Directive on EQS's. The quantitations made by Member States will form an inventory of discharges, emissions and losses to check whether the objectives of reduction and cessation are being met for PS and PHS respectively.
Mandatory biota standards for Hexachlorobenzene and Hexachlorobutadiene have been introduced. There is likely to be significant biota monitoring in marine waters and also in fresh waters where Dangerous Substances are identified.
Monitoring, which is risk-based, will be conducted for around one year from 2007 to form the reference period.
Endocrine Disrupting Compounds
An area that is fast developing in England, Wales and throughout Europe is the assessment of the effects from the presence of Endocrine Disrupting Compounds (EDCs) in the aquatic environment. Other pharmaceutically active compounds and also personal care products are also of interest.
There has been concern for a number of years over EDCs, which have the ability to alter or disrupt the body's hormone or endocrine system. Alteration of the endocrine function can be caused by interference with the synthesis, secretion, transport, binding or elimination of natural steroid hormones in the body. Most research to date, in the UK and the EU has generally focused on those EDCs that can cause a feminising or oestrogenic effect.
The concern with EDCs is directed at both wildlife and humans. The primary concern in human health is with substances that mimic the female hormone oestrogen and thereby, potentially contribute to a variety of adverse human health effects including reproductive and developmental abnormalities. In wildlife, the concerns focus on potential reproductive dysfunction and abnormalities that might threaten the survival of certain species.
A number of studies have shown that treated sewage effluent can have an oestrogenic effect on fish. Research has shown that the natural oestrogens, oestrone and 17-?-oestradiol and the synthetic oestrogen ethinyloestradiol are the most estrogenically active chemicals found in sewage effluents.
Male fish in rivers and estuaries worldwide are developing female characteristics (termed inter-sex) due to exposure to sewage effluent (and therefore steroid hormones). Studies of sperm from intersex roach have shown them to be less viable than from normal fish and consequently there is a danger that intersex presents a risk to fish populations.
The UK government and the Water Industry in England and Wales are conducting the Environment Agency Demonstration Programme (EADP). The aim of the EADP is to provide data that will be used to evaluate the ability of different sewage treatment options to remove steroid oestrogens, reduce oestrogenic activity of final effluents and reduce intersex in fish. The data will also be used to inform any future decisions on appropriate regulatory strategy for EDCs. These might include consent conditions aimed at reducing the incidence and severity of the intersex condition.
EDC monitoring at Severn Trent Water's (STW) Nuneaton works is a part of the national demonstration programme. STW's analytical contractor, Severn Trent Laboratories will be responsible for the testing of EDCs, this includes: three specific steroid oestrogens and less potent oestrogenic compounds such as alkylphenols and alkylphenol ethoxylates, a number of sanitary parameters as well as screening oestrogenic activity using in vitro yeast oestrogen screen (YES) assay.
Due to the low limits of quantification required, steroid oestrogens are detected using state of the art analytical instrumentation such as an LCMS/MS (At STL the API5000 triple quadrupole mass spectrometer is used). This is a very sensitive triple quadrupole mass spectrometer and is capable of detecting 0.05 ng l-1 of ethinyloestradiol in treated sewage effluent samples.
The Landfill Directive
The EU Landfill Directive (LFD) was implemented in 2004. Landfill operators are now required to specialise in 'inert', 'non-hazardous' or 'hazardous waste', limiting the option to use landfill sites for say the disposal of contaminated soils. Prior to 1998, it was difficult for land remediation companies to carry out on-site soil or ground water treatment without the Regulators requiring a full Waste Management Licence, which is similar to a Landfill Licence. This was felt not to be appropriate for remediation sites where the concept was to improve the quality of the soil and water and consequently many projects resulted in soil going to landfill. To help on-site treatment, the Mobile Plant Licensing system was introduced, soon to be a company multi project Mobile Treatment License. This should reduce the requirement for landfill. On and off-site environmental analysis techniques have been developed to assess before and after soil treatment, assisting with the remediation strategy. Some of the techniques now being offered on-site include x-ray Fluorescence for metals analysis and microbial luminescence for hydrocarbons. These on-site tests can be useful to inform sampling strategies or for health and safety reasons and can reduce the number of samples returned to the laboratory for certified analyses. This type of on-site testing is likely to grow in the UK, due to its speed and cost-effectiveness. One of its uses could be to assist in the decision making with on/off-site soil treatment technologies as these become more widespread in the UK remediation market reducing the levels of 'dig and dump'.
Radioactive contaminated land
Part 2A The Environmental Protection Act (EPA) 1990 set up a system for the regulation of contaminated land in England and Wales. The regime provides a framework for identifying and remediating contaminated land, that is land that poses a risk to human health or the environment. Part 2A of the EPA 1990 did not cover radioactive contaminated land until it was extended in 2006. This requirement is linked to Directive 96/29/Euratom, (Basic Safety Standards Directive).
Radioactivity can exist above a background level where radioactive substances have been used in past industrial processes, such as: The manufacture of gas mantles, (Thorium), ore processing to recover Rare Earth elements, phosphate industries and premises used for the luminising of work pieces with say Radium (watches, dials etc).
Contamination from these sites, in particular from waste disposal activities, will almost certainly be before the initial Radioactive Substances Act 1963 (updated as RSA 1993) came into force.
There are probably hundreds of sites in the above categories in the UK. The presence of radionuclides on land does not automatically mean that it is 'radioactive contaminated land' under the extended Part 2A regime. For land to be determined as such, a significant pollutant linkage must be present. A pollutant linkage comprises a radioactive contaminant and a human receptor, with a pathway capable of linking the two. All three aspects have to exist on a site to then determine whether the linkage becomes significant; that is, it will result in harm to human health, or if there is a significant possibility of such harm occurring. Statutory guidance sets the dose rates that are considered as causing harm.
Under the extension of Part 2A, Local Authorities have an inspection duty with respect to possible radioactive contamination. Any site determined as contaminated by virtue of radioactivity is classified as a Special Site by the EA acting as the enforcing authority rather than the LA. Where there is both radioactive and non-radio-contamination, the EA acts as the enforcing authority for all the pollutant linkages. This is similar to the EA being the Regulator for Special Sites under the current Part 2A regime.
Part 2A is not applicable in all instances of radioactive contaminated sites. Exceptions are radioactivity on land within the boundary of a nuclear licensed site. Under the Nuclear Installations Act 1965, the powers for controlling radioactivity on a licensed nuclear site (e.g. a nuclear power station) take precedence over the extension to the Part 2A regime. Here, the HSE will be the Regulator.
Laboratories undertaking testing of low-level radioactive contaminated wastes will need to segregate these activities from any others in order to comply with waste disposal requirements and so that the total levels of radioactivity on their premises are within their licence levels.
Waste Acceptance Criteria
In 2002 the Landfill Regulations made under the Act were amended to take account of the Waste Acceptance Criteria (WAC). In July 2005, WAC became effective. Waste material that is destined for landfill has to fall into one of the three categories above. Each category has a leaching limit value criteria for the acceptance of a waste material at the relevant landfill site. Two of the leaching tests developed for this analysis are the Percolation Test for inorganic constituents, BS EN 14405, in which the test material is upwardly leached to ensure saturation and the Two Stage Test, BS EN 12457/1-4 for the leaching of granular wastes and sludges. Both tests, which are recognised in the EU, result in the analysis of eluates for a range of parameters. There is also a 'tank test' for monolithic wastes using the standard EA NEN 7375:2004. The development of these new methods has ensured that laboratories are able to provide the necessary analysis to help waste producers meet the new regulations.
At landfills, a hydrological risk assessment needs to be undertaken for each landfill, including screening of leachates and monitoring emissions to groundwater. Even closed landfills need monitoring as emissions of hazardous substances can continue long after the last waste has been filled. Testing laboratories carry out a range of analyses for inorganic and organic parameters in support of compliance.
Composting
With the LFD comes the requirement to divert organic wastes. In the UK this is taking the form of composting, either by household or more likely by centralised composting sites operated by agricultural, waste management or dedicated compost companies. Techniques include both aerobic and anaerobic digestion of the compost, with an aerobic second stage in outside areas called 'maturation bays'. Although over 12M tons of household garden and kitchen waste is produced annually, only around 2.5M tons of certified compost will be produced in 2006/07. One of the certification schemes for compost is PAS 100, published by British Standards. It gives upper/lower values for chemical, microbiological, physical and growing tests. Another compost standard, called APEX, has been produced by a group of companies in the waste sector. There is also an EU Eco-label standard. We may see rationalisation of standards in the near future. The compost market is predicted to grow significantly in the next five years, producing a need for testing both the finished product, any leachate produced and possibly air testing around the maturation bays.
A group of stakeholders, led by the Environment Agency are consulting on a proposal to produce a 'Quality Protocol on Compost' which will make it easier for businesses to turn more organic waste into compost and so reduce the amount sent to landfill. A key aspect of the protocol, which should be available early in 2007, will be clarification on when compost produced from biowaste can be considered to be fully recovered from a waste into a compost. Once recovered, the compost will no longer be subject to further waste management regulations. Markets for certified compost will include retail, bagged compost and commercial bulk sales. Laboratories operating in the compost market will need to be certified.
Monitoring Certification Scheme - MCERTS for soils
The MCERTS scheme for the chemical testing of soils was introduced by the Environment Agency to support their regulatory activities and make informed, quality assessments on the management of contaminated land. With the increase in remediation and Brownfield development it is critical that contaminated land is managed effectively. In order to meet MCERTS requirements testing laboratories have had to develop suitable testing methods, standards and services, and put in place the appropriate resources; equipment and trained, qualified personnel. MCERTS accreditation ensures that the data supplied from the analysis is quality assured and that validation of test methods and reporting of results are consistent.
The developments required of testing laboratories to gain MCERTS accreditation have been substantial, but being part of the scheme reassures those requiring contaminated land analysis that the analytical data has been produced within the necessary framework. The MCERTS performance standard is applicable to all laboratories and procurers of analytical services where results generated by the chemical testing of soil are submitted to the Environment Agency for regulatory purposes; that is Part IIa of the Environmental Protection Act 1990, the Pollution, Prevention and Control (England & Wales) Regulations 2000 and the Waste Management Licensing Regulations 1994. Other EU countries have expressed an interest in the EA soil MCERTS scheme which could see it adopted in other countries.
Biosensors On the face of it, much of the testing in the future could be carried out using biosensors. These essentially are comprised of two parts, the biological sensing element that detects a specific chemical or biomolecule and a transducer, which can be electrochemical, thermometric, magnetic etc. that generates a signal. Biosensors are currently in the spotlight, especially as nanotechnology can offer high selectivity with very small sample size. Biosensors could be used for simple tests like low-level ammonia or for detecting complex molecules like EDCs.
The stakeholders As our awareness and understanding of the environment increases so do the legislative requirements on all of us to manage our environmental impact. The analytical sector works closely with legislative groups, such as the EA in England and Wales and SEPA in Scotland, the Drinking Water Inspectorates in Britain and other Government departments along with research bodies and importantly, with its customers to develop analysis to meet the requirements of legislation. Testing can take the form of a permanent testing laboratory, a site laboratory, the use of a wider range of field test kits, including biosensors as well the comparatively new double hyphenated analytical equipment along with more traditional techniques. Each Act brings new challenges but continually developing environmental analysis contributes to the provision of data on which stakeholders can make informed decisions.
Author
Cliff Billings is the Technical Director of Severn Trent Laboratories (STL). He is a Chartered Chemist and has worked in the gas, water and contaminated land sectors as well as in chemical manufacturing. Previous roles include managing multifunctional laboratories, quality systems and training and development for overseas clients, One of his professional duties is as chair of the Environmental Industries Environmental Laboratories Group.
Cliff Billings EurChem, MSc, CChem, CSci, FRSC, FCIWEM, CEnv, MIQA. STL Ltd, STL Business Centre, Torrington Avenue, Coventry CV4 9GU www.stl-ltd.com, e-mail info@stl-ltd.com, Tel 024 7642 1213, Fax 024 7685 6575
Links to Products and Services
You may be interested in the following products and services on our sister site - OSE Directory.
