Hazardous chemicals in construction products

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Hazardous chemicals in construction products

– proposal for a Swedish regulation

Report from a government assigment

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The Swedish Chemicals Agency is supervisory authority under the Government. We work in Sweden, the EU and internationally to develop legislation and other incentives to promote good health and improved environment. We monitor compliance of applicable rules on chemical products, pesticides and substances in articles and carry out inspections. We review and authorise pesticides before they can be used. Our environmental quality objective is A Non-toxic Environment.

© Swedish Chemicals Agency. Print: Arkitektkopia, Stockholm 2016. ISSN 0284-1185. Article number: 361 186.

Order print from Arkitektkopia AB, Box 11093, SE-161 11 Bromma.

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Foreword

The Swedish Chemicals Agency’s appropriation directions for 2015 contained an assignment to investigate the need to draft national regulations regarding hazardous chemicals in

construction products in order to reduce children’s level of exposure.

The assignment was to be carried out following consultation with the National Board of Housing, Building and Planning and the Public Health Agency of Sweden after speaking to the relevant operators.

The task has been carried out by a project group comprising Erik Gravenfors (project

manager), Johan Forsberg, Marcus Hagberg, Dag Lestander, Anna Nylander, Fredrik Olsson, Elin Simonsson and Emma Westerholm from the Swedish Chemicals Agency; Sara Elfving, Kristina Einarsson and Björn Fredljung from the National Board of Housing, Building and Planning, and Anne-Sophie Merritt from the Public Health Agency of Sweden.

The department manager responsible for the project was Kent Wiberg.

The assignment was conducted in close cooperation and dialogue with representatives from industry associations, local authorities, assessment systems for construction articles,

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Contents

Summary ... 7

Sammanfattning ... 9

Glossary and key terms ... 10

1 Summary of conclusions and proposals for action ... 11

1.1 Concluding summary ...11 1.2 Statutory proposal ...12 1.2.1 Draft ordinance ...12 1.2.2 Draft regulations ...14 11 Chlorinated hydrocarbons ...23 1.3 Overview of assignment ...25

1.4 Boundaries of the assignment ...25

1.4.1 Related issues ...25

1.5 Organisation of tasks involved, cooperation and consultation ...26

1.6 Procedure for carrying out the assignment ...26

2 Background ... 27

2.1 Indoor environment and health effects ...27

2.2 Current regulations ...28

3 Survey on hazardous chemicals in construction products ... 29

3.1 Range of substances ...29

3.2 Occurrence in construction products ...31

3.2.1 Presence of products in Byggvarubedömningen (Building product assessment) and SundaHus databases ...32

3.3 Phthalates in construction articles ...36

3.3.1 Flooring ...37

3.3.2 Wall coverings ...37

4 Emissions of hazardous substances from construction products ... 38

4.1 Emissions of volatile organic compounds (VOC) ...39

4.1.1 Health-based guidelines for construction products – EU-LCI ...41

4.1.2 Emissions from flooring, walls and ceilings ...42

4.2 Emissions of semi-volatile organic compounds (SVOC) ...42

5 Initiative for phasing out hazardous substances in the construction sector ... 45

5.1 Building/Living (“Bygga-bo”) dialogue instead of rules on dangerous substances ...45

5.2 BASTA ...46

5.3 Byggvarubedömningen (Building product assessment) ...47

5.4 SundaHus...47

5.5 Sweden Green Building Council (SGBC) ...48

5.5.1 GreenBuilding ...48

5.5.2 Miljöbyggnad ...48

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5.5.4 LEED ...49

5.6 Building Product Declarations (BPD) ...49

5.7 Nordic Swan criteria for construction products and buildings ...50

5.8 Public procurement ...50

6 Current legislation ... 50

6.1 EU legislations ...50

6.1.1 Construction Products Regulation (EU) No 305/2011 ...50

6.1.2 REACH ...52

6.2 Legislation regarding chemicals in construction products/building structures in other countries ...54

6.2.1 Germany...54

6.2.2 France ...55

6.2.3 Belgium ...56

6.2.4 Regulated substances in Germany, France and Belgium ...57

6.2.5 Legislation and initiatives in the Nordic countries ...60

6.3 Legislation regarding chemicals in construction products/building structures in Sweden ...63

6.3.1 General information about construction regulations ...63

6.3.2 Building regulations regarding chemicals in buildings ...64

6.3.3 Swedish Environmental Code ...65

6.3.4 Supervision/market surveillance ...67

7 Analysis of the need for, and opportunities offered by, national regulations ... 68

7.1 Starting points for the analysis ...68

7.2 Analysis ...69

7.2.1 Presence of and risks with chemical substances in construction products based on a child perspective ...69

7.2.2 Existing measures within the construction sector for dealing with hazardous chemical substances ...71

7.2.3 Legal analysis of possible national provisions ...73

7.2.4 Substances that should be restricted ...75

7.3 Considerations and proposals ...78

7.3.1 Selection of legal instrument ...79

7.3.2 Products covered ...80

7.3.3 Substances covered ...82

7.3.4 Testing and documentation requirements ...83

7.3.5 Market surveillance/Supervision ...83

8 Impact assessment ... 83

8.1 Issues and setting objectives ...83

8.2 Policy options ...85

8.2.1 Description of the reference alternative ...85

8.2.2 The Proposed regulation – Emissions requirements for VOCs and SVOCs in construction products intended for use in flooring, walls and ceilings in an indoor environment ...91

8.2.3 Policy options other than a regulation ...92

8.3 Identification of who is affected by the proposed regulation ...92

8.3.1 Affected operators ...92

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8.4.1 Cost impacts ...94

8.4.2 Consequences for companies’ competitive conditions and trade in construction products...97

8.4.3 Consequences for innovation and product development ...98

8.4.4 Supervision and administrative costs for authorities ...100

8.4.5 Consequences for human health and the environment ...101

8.5 Analysis and recommendations from the impact assessment ...102

8.5.1 Summary analysis ...102

8.5.2 Recommendations from the impact assessment ...104

Appendix 1: Text of assignment agreement ... 105

Appendix 2: Reference group ... 106

Appendix 3: Tables of hazardous chemicals which may occur in construction products ... 107

Appendix 4: Germany – flow diagram for VOCs and SVOCs ... 111

Appendix 5: Emissions classes for construction products in France ... 112

Appendix 6: Emission factors for VOCs and SVOCs reported in the literature ... 113

Appendix 7: CN codes for the construction products analysed ... 114

Appendix 8: Proposed limit values based on EU-LCI and German AgBB-LCI values ... 115

1 Aromatic hydrocarbons ...115

2 Aliphatic hydrocarbons (n-, iso- and cyclo-) ...116

3 Terpenes ...116

4 Aliphatic alcohols (n- , iso and cyclo-) ...116

5 Aromatic alcohols ...117

6 Glycols, glycol ethers, glycol esters ...117

7 Aldehydes...119

8 Ketones ...120

9 Acids ...121

10 Esters and lactones ...121

11 Chlorinated hydrocarbons ...122

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Summary

The Swedish Government has assigned the Swedish Chemicals Agency to investigate the need to draw up national regulations concerning hazardous chemicals in construction products and in particular consider reducing children’s exposure to such substances.

We recommend that Sweden establishes a regulation with national thresholds for emissions of harmful chemicals from construction products. To minimise trade barriers, the regulation should be structured in the same way as those already applied in other EU Member States. We recommend that this national regulation cover products used in the construction of flooring, wall and ceiling sections. This is in line with existing regulations and regulations under development in Germany, France and Belgium. Through the EU’s Construction Products Regulation, it will also be a requirement for products to be documented with regard to emissions of both volatile organic compounds (VOC) and semi-volatile organic compounds (SVOC) in order for them to be marketed and used in Sweden. The new regulation is

considered entirely compatible with the Construction Products Regulation and EU chemicals legislation.

The recommendations for a national legislation were drawn up after consulting the National Board of Housing and the Public Health Agency of Sweden. We also consulted a reference group with representatives from industry organisations, public agencies, assessment systems for construction products and environmental organisations, as well as property owners, contractors and researchers.

Some regulations concerning chemicals in certain construction products are already established through the EU’s Chemicals Regulation – Reach. These regulations usually concern restrictions on concentrations of harmful chemicals, such as hexavalent chromium in cement or asbestos in construction products.

Emissions of chemical substances from materials have been studied since the 1970s, when public agencies in a number of countries began introducing regulations concerning

formaldehyde emissions from particle boards. A typical indoor environment can contain over 6,000 organic compounds, of which around 500 can be attributed to construction products. Some of these compounds are carcinogenic or allergenic. Emissions of harmful substances from construction products has been reported in the scientific literature and has also been confirmed by studies conducted mainly in Germany, France and Belgium.

Some EU Member States, such as Germany, France and Belgium, have national regulations in place. The regulations cover construction products which can impact the indoor environment, e.g. flooring, walls and ceilings, and contain emission thresholds for a number of harmful substances that can be released from these types of products. Efforts are also made within the EU to develop health-based guideline values for emissions from construction products. The Belgian legislation refers directly to these guideline values.

A consultancy study, conducted within the framework of the assignment in order to map hazardous substances in construction products, identified 46 hazardous substances used within the European construction sector. The substances are used either as raw materials in construction products or in the construction products manufacturing processes. 32 of these 46 substances are covered by national regulations in either Germany, France or Belgium.

In Sweden, there is generally only one specific regulation within this area – the provision concerning formaldehyde emissions from wood-based panels. The Swedish Chemicals

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Agency conclude that this rule is not sufficient to protect children in particular, as children are exposed to substances present in indoor air and dust to a greater extent than adults.

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Sammanfattning

Regeringen har gett Kemikalieinspektionen i uppdrag att undersöka om det finns ett behov av att ta fram nationella regler för farliga kemiska ämnen i byggprodukter för att minska barns exponering.

Vårt förslag är att Sverige tar fram nationella gränsvärden för avgivning av hälsoskadliga kemiska ämnen i byggprodukter. Reglerna föreslås vara av samma konstruktion som de regler som redan finns i andra EU-länder för att minimera handelshindren.

Vi föreslår att de nationella reglerna omfattar byggprodukter som används för att konstruera golv- vägg-, och innertaksektioner. Detta är i likhet med befintliga regler samt regler under utveckling i Tyskland, Frankrike och Belgien. Genom EU:s byggproduktförordning kommer det också att finnas krav på att produkterna måste dokumenteras med avseende på avgivning-en av flyktiga organiska ämnavgivning-en (VOC) samt mindre flyktiga organiska ämnavgivning-en (SVOC) för att de ska få saluföras och användas på den svenska marknaden. Dessa nya regler bedöms vara fullt förenliga med byggproduktförordning samt EU:s kemikalielagstiftning.

Vi har tagit fram våra förslag på nationell lagstiftning efter samråd med Boverket och Folk-hälsomyndigheten. Samråd har också skett med en referensgrupp med representanter från branschorganisationer, myndigheter, bedömningssystem för byggvaror och miljöorganisa-tioner samt fastighetsägare, entreprenörer och forskare.

Kemikalieregler för vissa byggprodukter finns sedan tidigare framtagna inom EU:s kemikalie-förordning – Reach. Dessa regler handlar oftast om begränsningar av innehållet av skadliga kemiska ämnen till exempel sexvärt krom i cement eller asbest i byggprodukter.

Avgivning av kemiska ämnen från material har undersökts sedan mitten på 1970-talet då myndigheter i olika länder började introducera regler för emission av formaldehyd från spånskivor. En typisk innemiljö kan innehålla över 6000 organiska ämnen varav ungefär 500 kan härledas till byggprodukter. En del av dessa ämnen är cancerframkallande eller allergi-framkallande. I den vetenskapliga litteraturen är det dokumenterat att det förekommer emissioner av hälsoskadliga ämnen från byggprodukter. Detta bekräftas av undersökningar i framför allt Tyskland, Frankrike och Belgien.

Vissa länder inom EU såsom Tyskland, Frankrike och Belgien har tagit fram nationella regler för byggprodukter som kan påverka inomhusmiljön till exempel golv, väggar och innertak. Reglerna sätter gränser för hur stor mängd skadliga ämnen som får avges från dessa pro-dukter. Inom EU pågår också ett arbete för att ta fram hälsobaserade riktvärden för emissioner från produkter. Den belgiska lagstiftningen hänvisar direkt till de framtagna riktvärdena i sin lagstiftning.

I en konsultstudie, som är genomförd inom ramen för uppdraget i syfte att kartlägga farliga ämnen i byggprodukter, identifierades 46 särskilt farliga ämnen som används i byggsektorn inom EU. Dessa ämnen är antingen råvaror till byggprodukter eller används i processerna för framställning av byggprodukter. 32 av dessa 46 ämnen är reglerade i de nationella regel-verken i antingen Tyskland, Frankrike eller Belgien.

I Sverige finns det i stort sett bara en specifik regel på det här området och det är bestäm-melsen om avgivning av formaldehyd från träbaserade skivor. Kemikalieinspektionen bedömer att den regeln inte ger ett tillräckligt skydd för framför allt barn som exponeras i högre grad än vuxna för ämnen i både luft och damm i inomhusmiljön.

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Glossary and key terms

The Candidate list: A list of substances of very high concern (SVHC) which are regulated by the REACH Regulation. The inclusion of a substance in the Candidate List creates legal obligations to companies manufacturing, importing or using such substances, whether on their own, in

preparations or in articles.

Chemical Products: Means chemical substances or mixtures according to the definition in REACH

CLP: Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

CMR substances: Substances which are carcinogenic, can cause harm to genetic material (mutagenic) or harm reproduction (toxic for reproduction).

CPR: Construction Products Regulation (EU) No 305/2011

Harmonised classification: Classification of a chemical substance at EU level at the request of EU Member States, importers or of companies/persons using the substance.

Endocrine disruptor: Xenobiotic substance which can affect an organism’s hormone system.

Particurlarly Hazardous Substances: Defined in the Swedish environmental objective of a Non-Toxic Environment as all substances which can cause cancer, damage to genetic material and impairment of reproduction (CMR substances), substances which are highly potent allergens, endocrine-disrupting substances, substances which are persistent, bioaccumulative and toxic (PBT), substances which are very persistent and very bioaccumulative (vPvB), Substances containing Mercury (Hg), Lead (Pb) or Cadmium (Cd) and at last substances which give rise to an equivalent level of concern. The focus of this assignment is to provide better protection for children. Therefore, the term “Particurlarly Hazardous Substances” has been restricted in this report to substances producing health-related effects.

REACH: Regulation (EC) No 1907/2006 of the European Parliament and of the Council. EU legislation regarding chemicals in general. REACH stands for the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals.

SVOC: Semi-Volatile Organic Compounds. SVOCs are defined in this report in accordance with the forthcoming harmonised standard prEN 16516. SVOCs refer to substances which elute after n-hexadecane in the gas chromatography column specified in the standard.

VOC: Volatile Organic Compound. VOCs are defined in this report in accordance with the

forthcoming harmonised standard prEN 16516. SVOCs refer to substances which elute between and including n-hexane and n-hexadecane on the gas chromatography column specified in the standard. For other purposes there are other definitions, such as the definition given in Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products – any organic compound having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101.3 kPa.

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1

Summary of conclusions and proposals for

action

1.1

Concluding summary

Survey on the need for regulations regarding hazardous substances in construction products

• Hazardous substances are used in construction products in the EU and Sweden. A consultant study has identified 46 substances which are carcinogenic, toxic for reproduction, mutagenic, suspected of being endocrine-disrupting or allergenic.

• A large proportion of the 46 substances are volatile organic compounds (VOC), but semi-volatile compounds – SVOCs – also occur among the 46 substances. Phthalates suspected of being toxic for reproduction and endocrine-disrupting belong to the SVOC group. Children are exposed to phthalates to a larger extent than adults in an indoor environment. Part of this exposure is attributable to construction products.

• Some EU countries, such as Germany, France and Belgium, have implemented national rules for construction products which can affect the indoor environment, such as floors, walls and ceilings.

• Of the 46 substances identified in the consultant report, 32 are regulated in Germany, France or Belgium.

• Sweden has only one specific regulation governing this area, which relates to determining the emission of formaldehyde from wood-based panels.

Proposal

• The Swedish Chemicals Agency proposes, after consultation with the National Board of Housing, Building and Planning and the Public Health Agency of Sweden, that Sweden should establish national legislation regarding the emission of hazardous substances from construction products. A broad reference group comprising representatives from different sections of the construction sector have been given an opportunity to submit comments about the proposals:

o The rules cover construction products used to construct floor, wall and ceiling sections. The rules do not cover chemical substances or mixtures.

o In order to put construction products on the Swedish market, VOC and SVOC emissions should be documented in accordance with the structure stipulated in the Construction Products Regulation.

o Emissions should be regulated and the Swedish Chemicals Agency is granted authority to issue regulations regarding which substances and which limits are covered.

o The documentation forms the basis of the declaration of performance and CE marking in keeping with the structure stipulated in the Construction Products Regulation.

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1.2

Statutory proposal

1.2.1 Draft ordinance

Ordinance on hazardous substances in construction products

Introductory provisions

Section 1 - This Ordinance contains provisions regarding hazardous substances in construction products. The Ordinance does not cover construction products which are chemical products according to the definition in Chapter 14 Section 2 of the Swedish Environmental Code.

Restrictions under this Ordinance do not apply to the extent which the equivalent restriction applies in or the equivalent application is permitted according to:

1. Article 67(1) and Annex XVII to Regulation (EC) No 1907/2006 of the European

Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94, as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, and

2. Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC.

Section 2 - In this Ordinance the terms below have the following meanings:

Making available on the market: any supply of a construction product for distribution or use on the Swedish market in the course of a commercial activity, whether in return for payment or free of charge.

Importer: any natural or legal person who imports construction products into Sweden and makes the products available on the market.

Distributor: any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the Swedish market.

Section 3 - The terms and definitions in this Ordinance otherwise have the same meaning as in Regulation (EC) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.

Restriction on hazardous substances in construction products

Section 4 - Construction products intended to be used in an indoor environment may not be made available on the market if they emit

1. volatile organic compounds (VOC) 2. semi-volatile organic compounds (SVOC) in quantities which entail risks to human health.

Section 5 - The Swedish Chemicals Agency may issue additional regulations concerning which construction products are covered by Section 4.

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The Swedish Chemicals Agency may also issue further regulations concerning: 1. which substances are covered by Section 4;

2. the threshold limits for emissions of these substances, and 3. how the emissions are to be determined.

Section 6 - The Swedish Chemicals Agency must consult with the National Board of Housing, Building and Planning and the Public Health Agency of Sweden before any regulations are issued pursuant to Section 5.

Liability of manufacturers, importers and distributors

Section 7 - Manufacturers and importers must ensure that construction products covered by this Ordinance meet the requirements stipulated under the Ordinance and in regulations which have been issued, in accordance with the Ordinance, before they make the products available on the market.

Section 8 - Provisions concerning construction products covered by harmonised construction standards feature in Regulation (EU) No 305/2011. The Regulation stipulates requirements for placing or making construction products available on the market by setting out

harmonised provisions on how the performance of construction products is specified in relation to their essential characteristics and on using CE marking with these products. The Regulation also contains provisions regarding the economic operators’ obligations.

Manufacturers of those construction products referred to in Section 4 but not covered by the obligations mentioned in the first paragraph must draw up the required documentation for the products in line with the annex to this Ordinance [see the comments on the statutory proposal]. The documentation must be drawn up before the products are made available on the market. Section 9 - Importers must ensure that manufacturers of construction products have drawn up the documentation as described in Section 8, second paragraph before the importers make the products available on the market.

Section 10 - Distributors must ensure that the documentation specified in Section 8, second paragraph has been drawn up by manufacturers or importers before the distributors make the construction products available on the market.

Section 11 - Manufacturers and importers of construction products must, when requested by the supervisory authority, be able to supply the documentation specified in Section 8, second paragraph for a minimum of 10 years from the date when they made the products available on the market for the first time.

Section 12 - A manufacturer, importer or distributor who has reason to believe that

construction products made available on the market do not comply with the requirements in this Ordinance or in regulations which have been issued, in accordance with this Ordinance, must take the necessary measures to ensure that the products comply with the requirements or, if appropriate, withdraw the products from the market.

Supervision

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Comments on the statutory proposal

The proposal is based on the authority granted in Chapter 14, section 8, paragraph 4 of the Swedish Environmental Code. Section 1 sets out the Ordinance’s scope of application. The proposal covers only articles (as defined by the Swedish Environmental Code). An exception is made for articles covered by EU chemicals legislation.

Other sections contain a number of definitions. The definitions given in the Construction Products Regulation must be used as a starting point. However, the specified terms relate to the whole EU market, which means that they must be adapted to clarify that the definitions only apply to the Swedish market.

The Ordinance’s key provision features in Section 4. Section 5 describes the Swedish Chemicals Agency’s authority to prescribe which construction products are covered, which substances are restricted and so on.

Products covered by a harmonised construction product standard are covered by the Construction Products Regulation’s requirements for a declaration of performance, CE marking etc. The Construction Products Regulation also stipulates which actions the economic operators should take when products do not comply with the requirements. The aim of the statutory proposal is to cover as well certain products which are not covered by a harmonised construction product standard. The Construction Products Regulation’s requirements will not apply to these products. Documentation requirements are stipulated for these products in Sections 9 to 11, with a reference to an annex. The documentation

requirements which should apply are not examined in detail and, therefore, there is no annex included in the proposal. However, the intention is for these requirements to correspond completely to the documentation requirements which apply to harmonised products under the Construction Products Regulation.

Being provisions concerning the effective date and transition, it is proposed that the provisions should come into force on 1 January 2018 and that the provisions will apply to products made available on the market for the first time after this date. Products which have been made available on the market prior to 1 January 2018 can continue to be made available for a further year until 1 January 2019.

The Swedish Chemicals Agency believes that the proposed regulation belongs to those technical regulations which are subject to notification under Directive (EU) No 2015/1535 and the WTO’s TBT Agreement.

1.2.2 Draft regulations

The Swedish Chemicals Agency stipulates the following under Section 5 of the Ordinance on hazardous substances in construction products:

Section 1 -The requirements applying to construction products specified in Section 4 of the Ordinance regarding hazardous substances in construction products covers construction product to be used to construct floors, walls and ceilings.

Section 2 - The construction products covered by Section 1 must not emit the volatile organic compounds (VOC) specified in Annex 1 of these regulations in quantities larger than those specified in the annex. The harmonised standard EN 16516 must be used to evaluate emissions as described in the first paragraph.

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Volatile organic compounds refer to substances which elute between and include n-hexane and n-hexadecane in the gas chromatography column specified in the harmonised standard EN 16516.

Section 3 - The construction products covered by Section 1 must not emit the semi-volatile organic compounds (SVOC) specified in Annex 2 in quantities larger than those specified in the annex.

Semi-volatile organic compounds refer to substances which elute after n-hexadecane in the gas chromatography column specified in the harmonised standard EN 16516.

The harmonised standard EN 16516 must be used to evaluate emissions as described in the first paragraph.

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Annex 1

Limit values for VOCs according to Section 2

Substance CAS number Limit[µg/m3]

1 Aromatic hydrocarbons

1-1 Toluene 108-88-3 2900

1-2 Ethyl benzene 100-41-4 850

1-3 Xylene (o-, m-, ) and mix of o-, m- and p-xylene isomers 1330-20-7 106-42-3 108-38-3 95-47-6 500 1-4 Isopropylbenzene (Cumene) 98-82-8 1000 1-5 n-Propyl benzene 103-65-1 950 1-6 Trimethylbenzene (1,2,3-;1,2,4-;1,3,5-) 108-67-8 95-63-6 526-73-8 450 1-7 2-Ethyltoluene 611-14-3 1000 1-8

Cymene (o-, m- ,p-,) (1-Isopropyl-2(3,4)-methylbenzene) and mix of o-, m-, and p-cymene 527-84-4 535-77-3 99-87-6 25155-15-1 1000 1-9 1,2,4,5-Tetramethylbenzene 95-93-2 1100 1-10 n-Butylbenzene 104-51-8 1100 1-11 Diisopropylbenzene (1,3-, 1,4-) 99-62-7 100-18-5 750

1-12 Phenyl octane and isomers 2189-60-8 1100

1-13 n-Butylbenzene 104-51-8 1800

1-14 Phenyl undecane and isomers 6742-54-7 1900 1-15 4-Phenyl cyclohexene (4-PCH) 4994-16-5 1300

1-16 Styrene 100-42-5 250

1-17 2-Phenylpropene (α-Methylstyrene) 98-83-9 2500 1-18 1-Propenyl benzene (ß-methyl styrene) 637-50-3 2400

1-19 Phenyl acetylene 536-74-3 840

1-20 Vinyl toluene (o-, m-, p-) and mix of o-, m-, and p-vinyl toluene

11-15-4 100-80-1 622-97-9

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Substance CAS number Limit[µg/m3]

25013-15-4

1-21 1-Methyl-2(3)-propylbenzene 1074-17-5 1074-43-7

200 1-22 Other alkylbenzenes, as long as indiv. isomers

have not to be evaluated differently 1000

1-23 Naphthalene 91-20-3 5

1-24 Decahydronaphthalene 91-17-8 1000

1-25 Indene 95-13-6 450

2 Aliphatic hydrocarbons (n-, iso- and

cyclo-)

2-2 n-Hexane 110-54-3 72

2-3 Cyclohexane 110-82-7 6000

2-4 Methyl cyclohexane 108-87-2 8100

2-5 Other saturated aliphatic hydrocarbons from

C6 to C8 15000

2-6 Other saturated aliphatic hydrocarbons from

C9 to C16 6000

3 Terpenes 3-1 3-Carene 498-15-7 1500 3-2 α-Pinene 80-56-8 2500 3-3 β-Pinene 127-91-3 1400 3-4 Limonene 138-86-3 1500

3-5 Other terpene hydrocarbons 1400

4 Aliphatic alcohols

(n-, iso and cyclo-)

4-1 Tert-butanol, 2-Methylpropanol-2 75-65-0 620

4-2 2-Methyl-1-propanol 78-83-1 3100

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Substance CAS number Limit[µg/m3]

4-4 Pentanol (all isomers)

71-41-0 30899-19-5 94624-12-1 6032-29-7 548-02-1 137-32-6 123-51-3 598-75-4 75-85-4 75-84-3 730 4-5 1-Hexanol 111-27-3 2100 4-6 Cyclohexanol 108-93-0 2000 4-7 2-Ethyl-1-hexanol 104-76-7 540 4-8 1-Octanol 111-87-5 1100 4-9 4-Hydroxy-4-methyl-pentane-2-one (diacetone alcohol) 123-42-2 960

4-10 Other saturated n- and isoalcohols, C4 - C13 1100

5 Aromatic alcohols 5-1 Phenol 108-95-2 10 5-2 BHT (2,6-di-tert-butyl-4-methylphenol) 128-37-0 100 5-3 Benzyl alcohol 100-51-6 440 6 Glycols, glycol ethers, glycol esters 6-1 Ethanediol 107-21-1 260 6-2 Ethylene carbonate 96-49-1 370 6-3 Butyl glycolate 7397-62-8 550 6-4 Diethylene glycol 111-46-6 440

6-5 Propylene glycol (1,2-Dihydroxypropane) 57-55-6 2500

6-6 Propylene carbonate 108-32-7 250

6-7 Propylene glycol diacetate 623-84-7 5300

6-8 Dipropylene glycol 110-98-5 25265-71-8 670

6-9 1,4-Butanediol 110-63-4 2000

6-10 Hexylene glycol (2-Methyl-2,4-pentanediol) 107-41-5 490 6-11 2,2,4-Trimethylpentanediol diisobutyrate 6846-50-0 450

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Substance CAS number Limit[µg/m3]

(TXIB)

6-12 Ethylene glycol monomethyl ether

(2-Methoxyethanol) 109-86-4 3

6-13 2-Methoxyethyl acetate 110-49-6 5

6-14 1,2-Dimethoxyethane 110-71-4 4

6-15 Diethylene glycol dimethyl ether

(1-Methoxy-2-(2-methoxy-ethoxy)-ethane) 111-96-6 28 6-16 2,2,4-Trimethyl-1,3-pentanediol

monoisobutyrate 25265-77-4 600

6-17 Ethylene glycol isopropylether

(2-Methylethoxyethanol) 109-59-1 220

6-18 Triethylene glycol-dimethyl ether 112-49-2 7 6-19 Ethylene glycol monoethyl ether

(2-Ethoxyethanol) 110-80-5 8

6-20 2-Ethoxyethyl acetate 111-15-9 11

6-21 1,2-Diethoxyethane 629-14-1 10

6-22 Diethylene glycol monoethyl ether

(2-(2-ethoxyethoxy)ethanol) 111-90-0 350

6-23 Ethylene glycol monoisopropyl ether

(2-Propoxyethanol) 2807-30-9 860

6-24 Ethylene glycol monobutylether

(2-butoxyethanol) 111-76-2 1100

6-25 2-Butoxyethyl acetate 112-07-2 1300

6-26 Diethylene glycol monobutylether 112-34-5 670

6-27

Diethylene glycol monomethyl ether acetate (Butyldiglycolacetate, 2-(2-butoxyethoxy) ethyl acetate)

124-17-4 850

6-28 2-Phenoxyethanol 122-99-6 1100

6-29 Ethylene glycol n-hexyl ether

(2-Hexoxyethanol) 112-25-4 1200

6-30 Diethylene glycol n-hexyl ether

(2-(2-Hexoxyethoxy)-ethanol) 112-59-4 740 6-31 Propylene glycol monomethyl ether

(1-Methoxy-2-propanol) 107-98-2 3700

6-32 1-Propylene glycol 2-methyl ether

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Substance CAS number Limit[µg/m3] 6-33 1-Propylene glycol 2-methyl ether acetate

(2-Methoxy-1-propyl acetate) 70657-70-4 28 6-34 1,2-Propylene glycol dimethyl ether 7777-85-0 25 6-35 Dipropylene glycol monomethyl ether 34590-94-8 3100 6-36 Dipropylene glycol monomethyl ether acetate 88917-22-0 3900 6-37 Dipropylene glycol mono-n-propylether 29911-27-1 740

6-38 Dipropylene glycol mono-n(t)-butylether

29911-28-2 35884-42-5 132739-31-2

810

6-39 Tripropylene glycol mono-methylether 20324-33-8

25498-49-1 2000

6-40 Dipropylene glycol dimethyl ether

63019-84-1 89399-28-0 111109-77-4

1300

6-41 3-Methoxy-1-butanol 2517-43-3 500

6-42 1,2-Propylene glycol n-propylether 1569-01-3

30136-13-1 1400

6-43 1,2-Propylene glycol n-butylether

5131-66-8 29387-86-8 15821-83-7 63716-40-5

1600

6-44 Diethylene glycol phenylether 104-68-7 1450

6-45 Neopentyl glycol 126-30-7 1000 7 Aldehydes 7-4 Butanal 123-72-8 650 7-5 Pentanal 110-62-3 800 7-6 Hexanal 66-25-1 900 7-7 Heptanal 111-71-7 900 7-8 2-Ethyl-hexanal 123-05-7 900 7-9 Octanal 124-13-0 900 7-10 Nonanal 124-19-6 900

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Substance CAS number Limit[µg/m3]

7-11 Decanal 112-31-2 900

7-12 2-Butenal (crotonaldehyde, cis-trans-mix)

4170-30-3 123-73-9 15798-64-8 1 7-13 2-Pentenal 1576-87-0 764-39-6 31424-04-1 12 7-14 2-Hexenal 6728-26-3 505-57-7 16635-54-4 1335-39-3 73543-95-0 14 7-15 2-Heptenal 2463-63-0 18829-55-5 57266-86-1 29381-66-6 16 7-16 2-Octenal 2363-89-5 2548-87-0 25447-69-2 20664-46-4 18 7-17 2-Nonenal 2463-53-8 18829-56-6 60784-31-8 20 7-18 2-Decenal 3913-71-1 2497-25-8 3913-81-3 22 7-19 2-Undecenal 2463-77-6 53448-07-0 1337-83-3 24 7-20 Furfural 98-01-1 20 7-21 Glutaraldehyde 111-30-8 2 7-22 Benzaldehyde 100-52-7 90 8 Ketones 8-1 2-Butanone (ethylmethylketone) 78-93-3 5000 8-2 3-Methyl-2-butanone 563-80-4 7000 8-3 4-Methyl-2-pentanone (methylisobutylketone) 108-10-1 830 8-4 Cyclopentanone 120-92-3 900 8-5 Cyclohexanone 108-94-1 410

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Substance CAS number Limit[µg/m3] 8-6 2-Methylcyclopentanone 1120-72-5 1000 8-7 2-Methylcyclohexanone 583-60-8 2300 8-8 Acetophenone 98-86-2 490 8-9 1-Hydroxyacetone (1-Hydroxy-2-propanone) 116-09-6 2400 9 Acids 9-1 Acetic acid 64-19-7 1250 9-2 Propionic acid 79-09-04 310 9-3 Isobutyric acid 79-31-2 370 9-4 Butyric acid 107-92-6 370

9-5 2,2-Dimethylpropanoic acid (pivalic acid) 75-98-9 420 9-6 n-Pentanoic acid (valeric acid) 109-52-4 420 9-7 n-Hexanoic acid (caproic acid) 142-62-1 490

9-8 n-Heptanoic acid 111-14-8 550

9-9 n-Octanoic acid 124-07-2 600

9-10 2-Ethylhexane acid 149-57-5 50

10 Esters and lactones

10-1 Propyl acetate (n-, iso-) 108-21-4 4200

10-2 2-Methoxy-1-methylethyl acetate 108-65-6 2700 10-3 Methoxy-1-methylethyl acetate 107-31-3 1200 10-4 n-Butyl formiate 592-84-7 2000 10-5 Methyl methacrylate 80-62-6 2100 10-6 Other methacrylates 2100 10-7 Isobutyl acetate 110-19-0 4800 10-8 n-Butyl acetate 123-86-4 4800 10-9 2-Ethylhexyl acetate 103-09-3 690 10-10 Methyl acrylate 96-33-3 180 10-11 Ethyl acrylate 140-88-5 210 10-12 n-Butyl acrylate 141-32-2 110

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Substance CAS number Limit[µg/m3]

10-13 2-Ethylhexyl acrylate 103-11-7 380

10-14 Other acrylates (acrylic acid ester) 110

10-15 Dimethyl adipate 627-93-0 50 10-16 Dimethyl succinate 106-65-0 50 10-17 Dimethyl glutarate 1119-40-0 50 10-18 Diisobutyl glutarate 71195-64-7 100 10-19 Diisobutyl succinate 925-06-4 100 10-20 Dibutyl fumarate 105-75-9 50

10-21 Maleic acid dibutylester 105-76-0 50

10-22 Hexamethylene diacrylate 13048-33-4 10 10-23 Butyrolactone 96-48-0 2700

11 Chlorinated hydrocarbons 11-1 Tetrachloroethene 127-18-4 250 11-2 Tetrachloromethane 56-23-5 35 11-3 1,4-Dichlorobenzene 106-46-7 150 12 Other 12-1 1,4-Dioxane 123-91-1 73 12-2 ε-Caprolactam 105-60-2 300 12-3 N-methyl-2-pyrrolidone 872-50-4 400 12-4 Octamethylcyclotetrasiloxane (D4) 556-67-2 1200 12-5 Decamethylcyclopentasiloxane (D5) 541-02-6 1500 12-6 Dodecamethylcyclohexasiloxane (D6) 540-97-6 1200 12-7 Hexamethylenetetramine 100-97-00 30 12-8 2-Butanonoxime 96-29-7 20 12-9 Tributyl phosphate 126-73-8 2 12-10 Triethyl phosphate 78-40-0 75 12-11 5-Chloro-2-methyl-2Hisothiazol-3-one (CIT) 26172-554 1

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Substance CAS number Limit[µg/m3] 12-12 2-Methyl-4-isothiazoline-3-on (MIT) 2682-20-4 100

12-13 Triethylamine 121-44-8 42

12-14 Tetrahydrofuran 109-99-9 1500

12-13 Dimethylformamide 68-12-2 15

VOCs which are carcinogenic,

mutagenic or toxic to reproduction

Volatile organic compounds classified as being carcinogenic, mutagenic or toxic to

reproduction in Category 1A and 1B according to Annex VI to Regulation (EC) No

1272/20081.

1

Annex 2

Limit values for SVOCs according to Section 3

Substance Limit[µg/m3]

SVOCs which are carcinogenic, mutagenic or toxic to reproduction

Semi-volatile organic compounds classified as being carcinogenic, mutagenic or toxic to reproduction in Category 1A and 1B

according to Annex VI to Regulation (EC) No 1272/2008.

1

1 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on

classification, labelling and packaging of substances and mixtures amending and repealing Directive 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006.

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1.3

Overview of assignment

The Government has tasked the Swedish Chemicals Agency with an assignment which involves investigating whether there is any need to impose proportional national restrictions for hazardous substances in construction products to reduce children’s level of exposure. Any new regulatory proposals must be submitted in the form of statutory proposals and be

accompanied both by an impact assessment, which must be drafted as far as possible in accordance with Sections 6 and 7 of the Ordinance (2007:1244) on impact assessments in legislation, and by a risk assessment. The impact assessment must also include an analysis of the impact on trade with other countries.

There must be a consultation with the National Board of Housing, Building and Planning and the Public Health Agency of Sweden after consultation of the relevant stake holders.

The Swedish Chemicals Agency is due to report back to the Government by 1 December 2015.

The assignment is available in its entirety in the Swedish Chemicals Agency’s appropriation directions for 2015 (see Annex 1).

1.4

Boundaries of the assignment

This assignment is focused on the protection of children. Therefore, the assignment is restricted to construction products which may have an impact on the indoor environment. Existing buildings are not covered by the assignment, which is restricted to products that were placed on the market nowadays. Another important restriction relates to what is defined as a construction product. In this assignment we use the definition provided by the EU

Construction Products Regulation2. Certain products sold in the construction trade, such as

kitchen fixtures etc., are therefore not covered by this definition.

1.4.1 Related issues

There are numerous important environmental issues in the construction sector relating to chemicals. With the aim of preventing any misunderstanding from arising and clarifying what this assignment involves, we will go through at this point a number of related issues which will not be dealt with in detail in this report.

Logbook

Construction product documentation, known as the “logbook”, is a priority issue for the Government. The National Board of Housing, Building and Planning has been tasked with investigating logbook requirements in Sweden. There are clear links between this

investigation and the National Board of Housing, Building and Planning’s investigation. As a result, issues concerning documentation about what is constructed in buildings will not be dealt with in detail in this report, but is handled in the National Board of Housing, Building and Planning’s investigation.

2 Definition of a construction product according to the EU Construction Product Regulation: any product or kit

which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works.

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External/work environment

The impact which construction products have on the external and work environments are two important areas which will not be dealt with in detail as part of this assignment.

Recycling/circular economy

The recycling of construction products and the circular economy are not dealt with as part of this assignment.

Combination of construction products and building damp

Emissions arising as a result of a combination of different construction products are not dealt with in this assignment. Damp and mould may increase the concentrations of volatile

compounds in the indoor environment. These emissions, which occur as a result of damp seeping in due to, for instance, defects in execution or damage to structures, are not dealt with in this assignment. Issues to do with bad or unpleasant odours and problems which may be caused by microbial growth are also outside this assignment’s remit.

Other products and activities capable of emitting chemicals and particles into the indoor environment

Construction products are not the only factor influencing the indoor environment. Using personal hygiene and cosmetic products and other household activities, such as cooking and lighting fires and candles also have an impact on the emissions released from chemicals and particles into the indoor environment Air pollution from the outdoor environment can also penetrate the indoor environment. These issues do not come under the remit of this

assignment.

1.5

Organisation of tasks involved, cooperation and consultation

The tasks involved have been carried out by persons from the Swedish Chemicals Agency, the National Board of Housing, Building and Planning and the Public Health Agency of Sweden. A general survey of hazardous substances in construction products has been carried out by a consultant (IVL Swedish Environmental Research Institute). A broad external reference group (see Appendix 2) made up of representatives from industry associations, authorities, systems for evaluating construction items and environmental organisations, as well as property owners, entrepreneurs and researchers, has supplied information and made it possible to establish proposals during the investigation. The reference group has met the project group on two occasions and has had an opportunity to review a draft of the report.

1.6

Procedure for carrying out the assignment

The assignment has been carried out as a project in three phases. 1. Project planning

2. Survey of need for restrictions on hazardous substances in construction products in order to reduce children’s level of exposure

3. Analysis of need and proposals for action.

The first phase of the project involved setting up a project group with staff from the Swedish Chemicals Agency, as well as from the National Board of Housing, Building and Planning and the Public Health Agency of Sweden, which are the authorities that were to be involved in the consultation process. The basic plan was implemented and coordinated with managers

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at the Swedish Chemicals Agency and with the Swedish Ministry of the Environment and Energy.

The second phase of the project involved gathering facts about hazardous substances in construction products and emissions released from them into the indoor environment. This part of the assignment was carried out by a consultant. This phase also involved some members of the project group making study visits to Germany, France and Belgium, which are the three countries with detailed legislation regarding emissions from construction products. A comprehensive assessment of the legal situation was also carried out during this phase.

The third phase of the project involved carrying out an analysis of all the information

gathered during the second phase, with the focus on the need for action to reduce the level of exposure to hazardous substances from construction products. Lastly, an in-depth legal assessment was carried out of possible actions to be taken and an impact assessment of the main alternatives.

2

Background

In the Government’s chemicals bill3 entitled “På väg mot en giftfri vardag - plattform för kemikaliepolitiken” (On the way to a non-toxic everyday life - platform for the chemicals policy), a proposal was made by the Government suggesting that the requirements in terms of chemicals for construction products and fixtures may need to be tightened. The Government’s view was that an investigation should be conducted into whether there is any need to produce proportional national restrictions for hazardous substances in construction products to reduce children’s level of exposure to hazardous chemicals.

2.1

Indoor environment and health effects

A typical indoor environment can contain more than 6,000 organic substances, of which around 500 can be attributed to construction products4. It has also been shown that

construction products can be the cause of a significant proportion (up to 40%) of the chemical pollution arising in the indoor environment5.

The significant role played by an indoor environment in terms of different types of health effects is well-known and has been documented, for instance, by the Institute of

Environmental Medicine at the Karolinska Institute in its Environmental Health Report 20136. The health effects primarily include irritation, respiratory symptoms and susceptibility to infection. The main reasons are damp and mould damage in buildings, inadequate ventilation and emissions from construction and fixture materials where damp is probably the major cause. In general, the concentrations of chemicals in residential, pre-school and school buildings are relatively low. However, there are numerous indications that the synergistic effects among various substances in low concentrations can still give rise to significant health effects in both the short and long term. Individual volatile compounds can cause odours and can probably be linked to health effects, such as irritation and symptoms affecting the lower airways. Some volatile compounds are carcinogenic, mutagenic or harm reproductive

3 Government bill 2013/14:39 “På väg mot en giftfri vardag - plattform för kemikaliepolitiken” (On the way to a

non-toxic everyday life - platform for the chemicals policy).

4 Wargocki, 2004 Wargocki P., 2004. Sensory pollution sources in buildings. Indoor Air 14, 82-91.

5 Missia D.A., Demetriou E., Michael N., Tolis E.I., Bartzis J.G., 2010. Indoor exposure from building materials:

A field study. Atmospheric Environment 44, 4388-4395.

6 Environmental Health Report 2013, Institute of Environmental Medicine at the Karolinska Institutet.

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capacity, and such substances should be avoided in the indoor environment even at very low concentrations. The content of volatile compounds is usually higher indoors than outdoors. Children spend most of the time in indoor environments, which means that the indoor environment is very important in terms of children’s exposure to different chemicals.

Children also have a higher exposure to dust than adults. Small children are close to the floor to a greater extent than adults and examine their hands or objects with their mouth. Pre-school and school environments often have higher dust contents compared with other work

environments and the home environment. For instance, high contents of semi-volatile organic compounds can accumulate in dust.

There are several factors which influence the indoor environment. For example, an efficiently operating ventilation system is important for ensuring good air quality indoors. Poor

ventilation and a lack of control of different pollutants in indoor air can contribute to both ill health and discomfort. Defective ventilation can also generate strong negative pressure, which can result in pollutants from adjoining areas, such as the ground, wind or walls, ending up in the indoor environment where people are present. Even if ventilation is an important factor for a pleasant, healthy indoor environment, it does not solve the problem with emissions of hazardous chemicals from different construction products. To reduce the level of exposure to hazardous chemicals indoors, it is important for sources of harmful emissions in the indoor environment to be eliminated.

2.2

Current regulations

Chemical legislation in the EU is essentially harmonised through the REACH7 and CLP8

regulations. In addition to these, there are specific rules for chemicals and articles, such as the VOC Directive, which regulates volatile compounds in paints and car care products, and the RoHS Directive, which regulates which substances’ use is restricted in electronics, to give just some examples. There is also harmonised legislation applicable to construction products through the Construction Products Regulation (CPR9).

The Construction Products Regulation differs from most of the other harmonised regulations as its provisions do not contain any substantive requirements for construction products. In some cases, construction products are covered by EU provisions on chemicals, but the

substantive requirements for construction products mainly apply at Member State level. These regulations determine whether a construction product is suitable for its intended use. Member States’ regulations are not harmonised10. The Construction Products Regulation and its provisions are described in detail in Chapter 7.

The Swedish Chemicals Agency allowed a consultant in 2012 investigate which EU countries had introduced specific legislation regarding hazardous chemicals in construction products11. The consultant initiated the task by reviewing construction-related legislation containing chemical regulations which had been drawn up by an expert group on hazardous substances in

7 Common EU legislation regarding general chemicals. REACH stands for the Regulation on Registration,

Evaluation, Authorisation and Restriction of Chemicals, Regulation (EC) No 1907/2006.

8 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on

classification, labelling and packaging of substances and mixtures.

9 Construction Products Regulation, No 305/2011.

10 Swedish Chemicals Agency 2012, Report No 1/12, Bättre EU-regler för en giftfri miljö (Improved EU rules

for A Non-Toxic Environment).

11 Swedish Chemicals Agency 2012, Memorandum 5/12, Nationella byggregler avseende kemiska ämnen –

kartläggning av enskilda EU-länder (National building regulations relating to chemical substances - mapping of individual EU countries).

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construction products – EGDS12. The expert group was set up by the European Commission with representatives from various Member States to support the task of implementing the Construction Products Directive applicable at the time.

With regard to emissions in the indoor environment, Germany and France had the most advanced regulations at that time.

Later on during 2012, Belgium also adopted regulations regarding the indoor environment, with set threshold values applying to emissions for floor covering products. The Belgian regulations came into force on 1 January 2015.

3

Survey on hazardous chemicals in construction

products

The survey on hazardous substances with health-related effects in construction products was performed by a consultant. This chapter also includes information from the Swedish

Chemicals Agency’s earlier report 4/15, “Phthalates which are toxic for reproduction and endocrine-disrupting – proposals for a phase-out in Sweden”.

3.1

Range of substances

The focus of this assignment is to provide better protection for children. Therefore, the term “hazardous substances” has been restricted to substances producing health-related effects. The term “Particurlarly Hazardous Substances” has been defined in the environmental objective of a Non-Toxic Environment. Based on the defined types of effects, we have selected substances which cause cancer, damage to genetic material and impairment of reproduction (CMR substances), substances which are allergenic when inhaled, as well as endocrine-disrupting substances for inclusion in the survey. Substances which are relevant to the assignment have been identified by the respective hazard class. A description is provided below of the sources which have been used to identify substances within a respective hazard class, as well as delimitations which have been applied when selecting them.

CMR substances

CMR substances have been identified based on the CLP Regulation’s harmonised classification of substances, with the help of the classification and labelling inventory13. Carcinogenic substances refer to substances with the ability to cause cancer or increase the occurrence of cancer. Carcinogenic substances have been identified based on substances belonging to the harmonised classification within the Carcinogenicity hazard class, category 1A, 1B and 2.

Substances which can cause damage to genetic material (mutagenicity in germ cells) refer to substances which can cause a permanent change in the quantity or structure of a germ cell’s genetic material. Mutagenic substances have been identified based on substances belonging to the harmonised classification within the Germ cell mutagenicity hazard class, category 1A, 1B and 2.

12 EGDS, Commission Expert Group on Dangerous Substances.

13 The ECHA database for the classification and labelling of chemicals. ECHA - Information on Chemicals -

C&L Inventory. http://echa.europa.eu/information-on-chemicals/cl-inventory-database

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Substances which are toxic for reproduction refer to substances which can produce a negative impact on sexual function and fertility in adult men and women, as well as development problems in their offspring. Substances which are toxic for reproduction have been identified based on substances belonging to the harmonised classification within the Reproductive toxicity hazard class, category 1A, 1B and 2.

Allergenic substances

Among the allergenic substances, respiratory sensitisers were considered most relevant and were included in the study. In other words, these are substances which cause hypersensitivity in the airways during inhalation, and can trigger an allergic effect. Respiratory sensitisers were identified based on the CLP Regulation’s harmonised classification of substances in the Respiratory sensitiser hazard class, category 1, 1A and 1B.

Endocrine disruptors

Endocrine disrupting substances have been identified based on the EU’s database of suspected endocrine disruptors14 and the SIN list15. The SIN List is described in more detail below. The EU database contains information about endocrine disruptors from three studies which have been carried out on behalf of the European Commission’s DG Environment16, 17, 18. This database categorises endocrine disruptors within three different hazard categories in terms of their effects on human health and the environment. The substances are also given a pooled categorisation where both human health and the environment are assessed. Table 1 describes the criteria for these hazard categories. In this study substances which have been categorised as endocrine disruptors within category 1 and/or 2 have been identified as endocrine

disruptors.

Table 1: Hazard categories for endocrine disruptors based on the Commission’s database of suspected endocrine disruptors

Category Criteria

Category 1 Proof of endocrine-disrupting activity is available for at least one species where the whole animal has been used in testing

Category 2 Results from in vitro studies indicate biological activity linked to endocrine-disrupting effects

Category 3 No proof of endocrine-disrupting activity or no data available

There are currently no common criteria available at EU level for establishing endocrine-disrupting characteristics, and legislation is only available for a small number of identified endocrine disruptors. Due to this lack of information, the SIN – Substitute It Now! – List has

14 EU Commission, 2015. End. disruptors – What’s is being done?/Priority list

http://ec.europa.eu/environment/chemicals/endocrine/strategy/being_en.htm

15 ChemSec, 2015. Welcome to the SIN LIST. http://www.chemsec.org/what-we-do/sin-list

16 Groshart C, Okkerman P., 2000. Towards the establishment of a priority list of substances for further

evaluation of their role in endocrine disruption-preparation of a candidate list of substances as a basis for priority setting. Final report 2000: 35.

17 Okkerman P, Van der Putte I., 2002. Endocrine disrupters: study on gathering information on 435 substances

with insufficient data. Delft: RPS BKH Consultants BV 2002: 279.

18 Petersen G, Rasmussen D, Gustavson K., 2007. Study on Enhancing the Endocrine Disrupter Priority List with

a Focus on Low Production Volume Chemical. DHI water & environment for European Commission Directorate-General for the Environment 2007: 1-249.

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been used as a supplement when selecting endocrine disruptors. The SIN List is compiled by the International Chemical Secretariat – ChemSec19 – and contains substances which

ChemSec considers as meeting the hazard categories to be classified as Substances of Very High Concern, SVHC, under the EU REACH chemicals regulation.

3.2

Occurrence in construction products

All the substances which meet the hazard categories mentioned above do not occur in construction products. In order to identify which hazardous substances may occur in

construction articles used in Europe and Sweden, information from a number of different lists and databases have been compiled. The consultant’s report is based on studies from the following databases: the EU EDC database, SIN List, REACH database, C&L Inventory, the Swedish Chemicals Agency’s Product Register, SundaHus20 and Byggvarubedömningen (Building product assessment)21 databases.

The lists of hazardous substances which were obtained from the databases were matched with the REACH database of substances registered for use in the construction and building

products sector22, as well as with substances with calculated LCI (Lowest Concentration of

Interest) values23.

The REACH database of registered substances contains information about CMR substances, on their own or as part of mixtures which a manufacturer or importer handles in quantities of at least 1 tonne per year. In the case of allergenic substances, the REACH database currently contains information from the manufacturers or importers handling quantities of at least 100 tonnes per year. However, from 2018, the REACH regulation will apply in full, which means that information about allergenic substances manufactured or imported in quantities as little as 1 tonne per manufacturer/importer per year will be registered in the database.

The database contains information about the sectors in which the registered substances are used. By searching according to substances registered in the sector using construction and building products (SU 19: Building and construction work), a list of substances will be produced which are relevant to construction products. It is important to remember that data contained in the REACH database contains some uncertainties. ECHA has had feedback about the quality of the data input in the REACH entries. The registered applications for substances are not always complete as there are certain options for omitting specialist applications if there is a reluctance to specify them on competition grounds.

The LCI concept has been developed with the aim of ensuring that concentrations of VOCs in indoor air, coming from emissions from construction products, are acceptable from a health perspective24. LCI values are based on health effects, but should not be regarded as guideline

19 ChemSec is a non-profit organisation working for a Non-toxic environment. ChemSec was founded in 2002 by

the Swedish Society for Nature Conservation, the WWF, Nature and Youth Sweden and Friends of the Earth, http://chemsec.org/about-us/who-we-are.

20 http://www.sundahus.se/home.aspx 21 https://byggvarubedomningen.se/

22 ECHA - Information on Chemicals – Registered substances.

http://echa.europa.eu/sv/information-on-chemicals/registered-substances

23 Kephalopoulos S, Geiss O., 2013. Harmonisation framework for health based evaluation of indoor emissions

from construction products in the European Union using the EU-LCI concept European collaborative action - urban air, indoor environment and human exposure, Report No 29, 2013.

24 ECA, 1997. European Collaborative Action - Urban Air, Indoor Environment and Human Exposure.

Evaluation of VOC emissions from building materials – Solid flooring materials. Report No. 18 EUR 17334 EN European Commission, Joint Research Centre, Institute for Health & Consumer Protection.

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or threshold values for VOCs in indoor environments, but are produced as a guideline for assessing construction products. A more detailed explanation of LCI values is given in Chapter 5.

By producing the cross-section of these lists, 46 hazardous organic substances were identified as potentially being used in construction products within the EU.

3.2.1 Presence of products in Byggvarubedömningen (Building product

assessment) and SundaHus databases25

Number of construction products containing particularly hazardous substances

The 46 Particurlarly Hazardous Substances identified in construction products are listed in Table B1 in Appendix 3. Of these substances 31 of them appeared in one of the SundaHus and Byggvarubedömningen databases (see the details about this in Chapter 6). Diisononyl phthalate (DINP), 2-butanonoxime and formaldehyde were the substances which occurred in the largest number of products in both the Byggvarubedömningen and SundaHus databases. Figure 1 shows the total number of products (from the selected categories, see below) in the SundaHus and Byggvarubedömningen databases per substance, while Table B2 in Appendix 3 shows the occurrence in various product categories. In many cases products are probably registered in both databases, which may explain the consensus between them both26. Searches were made using CAS27 numbers. Based on the search hits, the construction

products were selected which came under the categories paint, flooring and carpets, insulating material, adhesives and joints, pipes and hoses, wallpaper, indoor and joinery articles, panel material, plaster and mortar (see Appendix 7). If a product occurs as several articles (for instance, a certain paint in different sizes of packaging), only the product has been listed. Consequently, the total number of articles may be larger than the number of products. As the objective was only to include products intended to be used indoors, qualified assessments have been required in some cases. For the groups of articles mainly used indoors (flooring and carpets, wallpaper and panel material), the total number of products has also been indicated in order to give an idea of what proportion of the products the relevant substance occurs in. Concentrations in construction products are often indicated as “less than” values (the exact content is not mentioned or is unknown). There may also be a lack of transparency insofar as the substance in question is only used during production and does not occur in the finished product. In some cases, no content is indicated at all, but the substance is still included in the article’s list of contents. In the latter case, the product is even included in the statistics as the substance occurring in the relevant product.

25 Along with BASTA, Byggvarubedömningen (Building product assessment) and SundaHus are the leading

assessment systems for construction articles on the Swedish market. A more detailed description is provided in Chapter 6.

26 L. Elfström, SundaHus, personal communication.

27 A CAS number (Chemical Abstracts Service number) is a unique number for every chemical substance, which

is published in open chemical literature. The CAS number provides an international identification number for chemicals. https://www.cas.org/

Figure

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References

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