December 2003

The Solvent Emissions Directive - Does It Affect Your Company?

The Solvent Emissions Directive has implications for companies using solvent based substances.

Directive 1999/13/EC on "the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations", also called the Solvent Emissions Directive (SED), was adopted by the EC in March 1999. This directive aims to reduce emissions of volatile organic compounds (VOC's) to the environment. It also aims to phase out the use of more harmful solvents such carcinogens, mutagens and those toxic to reproduction (teratogens).

SED defines activities, which may use solvents, as well as thresholds for the use of these solvents. Annex I to the Directive lists the activities within its scope and Annex II gives the thresholds (in terms of solvent use) for each of these activities. The SED becomes applicable above these thresholds.

The Government issued a consultation document to interested parties with a response date of 13th October 2003. According to the Directive, additional action is required to be taken by operators falling under the Directive and those using certain "Risk Phrase Substances".

Where Risk Phrase materials are defined as:

"A substance or preparation which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC are assigned or need to carry the risk phrases R45, R46, R49, R60 and R61 and a substance or preparation 'becomes a risk phrase substance or preparation' when, because of its content or volatile organic compounds, it is assigned or needs to carry one of those risk phrases."

In the UK, the government issued Directions in 2002 to include the requirements of the SED within the Environmental Protection Act 1990 (to be regulated by the Integrated Pollution Control (IPC) regime) and the Pollution Prevention Control Regulations 2000 (to be regulated by the Integrated Pollution Prevention Control (IPPC) regime). However, there are some activities which fall within the scope of the Directive that are not regulated by the IPC or IPPC regimes set out in the existing legislation. In these cases operators are still obliged to take action to fulfil the Directive's requirements.

This has the potential to affect the metal finishing and engineering sectors in particular due to the widespread use of paints and vapour degreasers utilising materials such as trichloroethylene. You can check whether you are affected by the Directive by examining the risk phrases on your Material Safety Data Sheets. If you suspect the Directive does apply to your activities (and you are not currently regulated via IPC or IPPC), you need to take immediate action as outlined below.

The Environment Agency recommends that where Risk Phrase Substances are used, operators are required to:

Initiate substitution plans to remove these risk phrase materials from use in the shortest possible time, taking account of guidance contained within the Directive;
Where a mass flow, as stated in the SED is exceeded, achieve a concentration limit set depending on the risk phrase of the substance.

The deadline for submission of substitution plans to Regulators was 31 st October 2003. There has been some confusion regarding implementation of the Directive's requirements, and it is likely that a significant number of companies will not have complied. If you think this affects your company's activities, the best course of action, despite the deadline having passed, is to contact your Regulator (likely to be your Local Authority) as soon as possible.

If you think that the SED may apply to your site please contact either Galit Hart or Dr Richard Whitaker for an informal discussion. We can help you in interpreting and understanding the SED requirements as well as carrying out solvent mass balances and site assessments. We can also advise you on the relevance and benefits of a cost effective Solvent Management Plan and identify any specific solvent abatement requirements.