Government Watch: 16 air regs in one - Environmental Science

Government Watch: 16 air regs in one. Environ. Sci. Technol. , 2000, 34 (23), pp 501A–503A. DOI: 10.1021/es003501t. Publication Date (Web): June 9, ...
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Government Watch

French carbon tax

Energy-gobbling water heaters soon passé? A new water heater poised for field testing at 43 sites across the United States could cut the amount of energy needed for heating household water by at least 50%, as well as decrease national carbon emissions by 9 million metric tons per year, say researchers involved with testing the unit. This super-efficient water heater, which is manufactured by EnviroMaster International Corp., a subsidiary of ECR International, uses a heat pump to extract heat from surrounding air to warm water inside a storage tank. The technology has been around for several years, but fewer than 2000 units have been sold annually compared to 4 million conventional electric water heaters per year, which use resistive heating

elements. The high price tag ($375-$400 above the installed cost of a conventional 50-gallon electric water heater), lack of consumer awareness, and design problems (three separate pieces of equipment—heat pump module, storage tank, and pump) have contributed to the stagnant market, says ECR's Karl Mayer. The new unit has been designed as a "drop-in" replacement for electric heaters with a 50- to 80-gallon storage capacity (see figure) and "could really help with efficiencies, particularly for residents in southern climates" because it also provides some airconditioning and dehumidification, says Steve Rosenstock, manager of electric solutions for Edison Electric Institute, a trade association of electric companies.

France plans to implement a tax on carbon emissions early next year, once the National Assembly, the lower house of parliament, approves. Announced last January as part of a government plan to combat global warming, the tax is designed to encourage companies that burn fossil fuels to reduce energy consumption through better efficiency and fuel switching. The tax rates, set using a base price of approximately $34.65 (U.S.) per ton of carbon equivalent emissions and assessed on approximately 40,000 firms that consume more than 100 petroleum equivalent tons (PET) of energy annually, would be specific to the fuel. For example, coal consumption beyond the 100 PET would be levied approximately $23 (U.S.) per ton, and electricity $1.74 per megawatt-hour. However, 1000 of France's most energy-intensive companies—chemical, glass, steel, and aluminum producers—would be taxed differently. Beginning in 2001, these firms would agree to separate consumption levels negotiated with the government, and they would be taxed on their fuel use above that amount. The plan does allow companies to meet their consumption targets by purchasing emission credits, once an international carbon trading scheme is in place, although the government prefers reductions be made by Frenchbased companies, says Serge Couvreur, economic counselor at the French Embassy in the United States.

16 air regs in one The U.S. EPA took a giant step toward streamlining federal air regulations in September with the passage of the first consolidated air rule (CAR) targeted Look familiar? The latest version of energy-efficient heat pump water heaters is more like conventional water heaters.

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Environmental News Because most of the heat added to the water with the heat pump model is taken from the surrounding air, only 35% of the energy used to heat the water in a conventional electric unit is needed, says John Tomlinson, a researcher at Oak Ridge National Laboratory involved with the testing. Lab measurements have shown an energy factor of 2.47, meaning that for every kilowatt-

hour of electricity purchased, 2.47 kilowatt-hours of hot water energy are produced. Compare this with the 0.95 energy factor for the most efficient electric water heaters, which consume a whopping 17% of the typical household energy budget. The new model would eat up only about 7%. In addition, the new model has the same footprint as the

conventional resistance water heater, an identical electrical hookup, and requires no extra plumbing, making its installation possible anywhere that a conventional electric water heater works. Moreover, consumers will see a 2- to 3-year payback through energy savings, Tomlinson says. Commercial launch of the new model is anticipated in late 2001 or early 2002. —KRIS CHRISTEN

Environmental concerns linked to railroad creosote One-third of the creosote applied as preservative to wooden railroad ties is emitted during the ties' normal service time, according to a study of the Swiss Federal Laboratories for Materials Testing and Research (EMPA) (Environ. Sci. Technol. 2000, 34 (22), 47664772). Martin Kohler and other EMPA researchers analyzed railroad ties that had been in service for up to 46 years and found that yearly emissions from the Swiss railroad system amount to 1700 metric tons (t) of creosote, containing 140 t of the 16 polycyclic aromatic hydrocarbons (PAHs) defined by the U.S. EPA as priority air pollutants. No comparable numbers for other PAH sources in Switzerland exist, but the U.K. National Emissions Inventory suggests that PAH emissions from creosote account for more than 5% of that country's total PAH emissions. Creosote, a coal tar distillate widely used as a wood preservative, consists of more than 200 chemicals, of which as much as 85% are PAHs. Benzo[a]pyrene (BaP), a 5-ring PAH, is creosote's most carcinogenic compound. Coauthor Tina Kunniger of EMPA's wood department emphasized, however, that the toxicological hazard of the creosote used for wood treatment in Switzerland has dropped during the past decade due to reductions in both BaP and volatile PAHs. The health concerns from exposure to this creosote are mainly directed at the railroad workers installing the fresh ties according

to chemist Peter Schmid, a coauthor of the study. Additionally, the easily emitted 2- and 3-ring PAHs, although less toxic than the larger PAHs remaining in the wood, might pose a threat to ecosystems, Schmid stressed. However, further evaluation of the fate and lifetime of the emitted PAHs is needed before stronger conclusions can be drawn, said Kunniger. Although they are rarely emitted, the 4- to 6-ring PAHs, like BaP, remaining in the wood are still cause for concern. So far, used railroad ties in Switzerland have mostly been sold for garden and landscape design. Despite uncertainties regarding the Swiss study's implications, the Swiss Federal Department of Environment, Transport, Energy and Communications has decided to prohibit sales of used railroad ties for private use because of potential PAH transfer to humans during skin contact with the wood. Kevin Jones, expert on PAHs from Lancaster University, U.K., is also worried about the possible burning of treated wood in domestic fires under uncontrolled conditions, which could cause the highly toxic 4- to 6-ring PAHs to be released into the environment. Creosote has been in the spotlight since last year when the EU's toxicity committee called

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into question the chemical's safety, based on scientific evidence "that there is a cancer risk to consumers from creosote containing less than 50 ppm benzoyl pyrene and/or from wood treated with such creosote". Below 50 ppm BaP, creosote is currently classified as noncarcinogenic by EU law, whereas creosote containing up to 500 ppm BaP may be used for professional applications, (e.g., railroad ties). As a consequence, the European Commission ruled that four of its member countries could impose stricter national controls on creosote—in Denmark's case, a complete ban—than the EU standard and signaled that it might tighten EU creosote restrictions. On the basis of all of the evidence, however, it appears likely that most of the unease about creosote use could be minimized by the development of less carcinogenic creosote mixtures and controlled recycling and burning of the used wood. —ANKE SCHAEFER

Government Watch

States get tough with nonpoint pollution Faced with fish kills and nutrient pollution of waterways from diffuse sources, a growing cadre of U.S. states are using enforceable controls on runoff from farms, forests, and urban areas. Although the laws have been on states' books for years, only recently have they been coordinated to achieve significant cuts in pollution, according to a new report from the Environmental Law Institute (ELI), an independent research center in Washington, DC. Although the federal total maximum daily load (TMDL) program to curb nonpoint source pollution has been ground to a halt by congressional action that blocks implementation of important new rules until October 2001, the report shows that states are nonetheless tackling the next frontier in water quality management. The federal Clean Water Act gives no significant authority to the U.S. EPA and the states to enforce limits on nonpoint sources of pollution, says James McElfish, senior attorney with ELI and author of the report. In this regulatory vacuum, the primary response from both states and the federal government has been to provide technical and financial assistance and promote voluntary best management practices such as stream buffers. The controversial TMDL program, opposed by Congress and the agricultural in-

dustry, only requires states to set a cap on pollutants entering waterways but does not require them to achieve the cap, he says. States have a number of enforcement tools, and at least 12 are beginning to use them, which shows that they could enforce pollution caps set under the TMDL program, according to McElfish. For instance, most states have a general provision prohibiting discharge of pollutants from both point and nonpoint sources to their waters. Alabama has used its general discharge provision to threaten legal action over sediment pollution of streams by logging operations, McElfish says. "Under the general discharge provision, Maryland has directed cessation of pollution from manure-spreading and logging," he adds. Although most of the states that use enforcement tools apply them after voluntary actions have failed and pollution has occurred, some states are taking action before pollution starts, McElfish says. Maryland's 1998 nutrient management law sets standards for manure management that farmers must meet or be faced with civil fines (Environ. Sci. Technol. 1998, 32 (13), 305A). "The ELI report reinforces the nationwide shift in emphasis from all voluntary to more mandatory control of nonpoint source pollution," says Al Shea, water-

Polluted runoff from logging is controlled by a combination of voluntary and mandatory measures that by next year will include enforceable performance standards.

directly at the synthetic organic chemical manufacturing industry (SOCMI). The new rule, which is expected to reduce monitoring, record keeping, and reporting burdens for the manufacturers, combines 16 existing federal air rules into one. The rule is voluntary; manufacturers have the option of complying with the 16 regulations separately or complying with the CAR. The 16 rules, which involve reducing emissions of volatile organic compounds and air toxics, have many similarities, making SOCMI a good candidate for streamlining, EPA officials say. EPA plans to use the CAR as a model for consolidating other air rules in the future. The move toward consolidating federal air rules stems from an initiative announced back in 1995 as part of the Clinton administration's "reinvention" of environmental regulations.

Rethinking environmental indicators The United States should use indicators that focus on ecological integrity to evaluate the success of environmental protection programs, according to a draft report from the U.S. EPAs Science Advisory Board released this month. Most environmental indicators now in use measure administrative processes, such as number of permits issued, or levels of stressors, such as concentrations of pollutants in streams, says Stephanie Sanzone, EPA staff coordinator for the committee of independent scientists that wrote the report These measures lack information on the fundamental structure and function of ecological systems, she says. "For some ecological systems the most severe stressors are not chemical pollution, but alteration of the landscape by development and exotic species," she notes. "A Conceptual Continued on Page 505 A

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