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Evaluation of the Danish Statutory Order on Lead 3 Applications requiring exemptions from the ban on lead
Review of Danish EPA cases shows that exemptions from the Lead Order have been granted for the product categories and the products listed in Table 3.1. The exemptions from the Order which have been granted reflect the technical difficulties in the substitution of lead – difficulties which could not have been foreseen when the Order was issued. Therefore, information has been gathered to review all applications for which exemptions have been granted, irrespective of whether they have expired or are still in force. However, this study does not include exemptions related solely to sales from existing stocks. The normal way of contacting stakeholders was to contact by phone at least one of the enterprises that submitted the application for exemption. In cases where several exemptions were granted within one application area, contact was most often established with the enterprise that submitted the most recent application. 3.1 Special cablesLead can be used in special cables, for instance as stabiliser in PVC insulation, and as a metal cable mantle. Lead is only used for cables for industrial applications, and lead-containing cables amount to only approx. 2 per cent of the industrial market, which, again, only represents a minor part of the entire market for cables [Pedersen, 2005]. Since 2000, a number of exemptions have been granted in this area, for instance:
Major actors in the market stress that their cables may now be incorporated in products provided for under the RoHS Directive. Traditionally, cables in certain types of medical device have contained lead, both as metallic lead mantles and stabiliser in PVC insulation. Even minor changes of the composition of medical devices may require extensive test work, and therefore, producers of this type of equipment have been somewhat hesitant in efforts to introduce lead-free cables. Producers of cables now indicate that they are able to supply lead-free cables for these products. Table 3.1 Products for which exemptions have been granted from regulation under the Statutory Order on Lead
1) K or M indicates whether the product category includes the use of lead as a chemical compound (K for kemisk (chemical)), or as a metal (M). 2) "Specific tasks" means a specific well-defined installation or quantity of lead. The date indicates exemption granted within the product category up to the latest date. 3) Lead is contained as a chemical compound in ceramic materials used as super conductors. 4) Exemptions apply to use of lead-containing pigments in paint for pianos. In Denmark, one exemption is valid for the use of lead in cables for special applications. The exemption expires in June 2006. Application for the exemption was submitted and granted as a kind of safety valve for a number of cable producers who were worried that it would be difficult to substitute lead as a stabiliser in PVC, especially in data cables or high-flexible cables for engine components moving in different directions relative to each other [Hundstrup, 2005]. Substitution is considered to be successful for most cable types, but not necessarily for all producers. For instance certain cables from the US for data networks contain lead, while corresponding European cables do not contain lead [Hundstrup, 2005]. For certain industrial applications, special cables are used in quantities so small that the producers – none of them in Denmark – do not consider it profitable to set up special lead-free production units. Such cables are high-flexible cables for engine components moving relative to each other, and cables for lifts etc. Cables for industrial purposes are not covered by the RoHS Directive (cf. Annex 2), and production does not aim at meeting the Danish requirement of 100 ppm (the Danish market is considered too small for production aimed especially at Denmark). Such cables are estimated to represent approx. 2 per cent of the market for industrial cables – compared to industrial cables’ approx. 25 per cent of the total market for cables. The remaining share (cables for private households, power plants and electric installations) does not contain lead. The special cables mentioned above will require a long-term exemption from the Danish Lead Order [Pedersen, 2005]. Sometimes foreign cables are marketed in Denmark as lead-free cables (cf. section 7.2). A special type of cable with lead mantle (metallic lead) is underground cables at refineries and other chemical plants, where lead was used to prevent penetration of oil etc. An exemption has been granted to use lead cables at tank sites. Today, underground cables can, however, be supplied as lead-free cables, because alternative cables with mantles made of synthetic material and aluminium are available [Pedersen, 2005]. One supplier stated that they used cables with lead mantle for installation purposes to prevent rodent attacks, for instance in church towers and livestock stables [Larsen, C., 2005]. Other contacts have stated that, today, cables for such environments have been replaced by cables protected by a steel band – PAP cables [Rasmussen, 2005]. Evaluation Apart from high-flexible cables for engine components moving relative to each other, and cables for lifts etc., available information indicates that substitutes to lead are used in all types of cable for special purposes. As regards high-flexible cables in engine components moving relative to each other, and lift cables etc., which are only produced abroad, producers can hardly be expected to substitute lead on a voluntary basis in the short term, especially since lead-free alternatives are more expensive. For this type of cable it is assessed that longer-term exemptions from the Danish Lead Order are required. In the longer term, it is possible that the development initiated by the RoHS Directive will also affect special cables. In a number of years, it may therefore be relevant to reassess the development 3.2 SuperconductorsTogether with bismuth, lead forms part of super-conduction materials, of which some are being developed in Denmark. These materials were previously produced in Denmark, but in about 2002, the production was sold to plants abroad. Today, a certain amount of lead-containing super-conductors are imported to Denmark, and used for research and development, including international testing work, for instance for medicinal equipment like MRI scanners (MRI=Magnetic Resonance Imaging)[Thiesen 2005/06]. Applications have not been submitted for exemptions from the Lead Order, because these activities are considered to be covered by the exemption granted for products intended for research and development (cf. table 2.1, point 17). The basic materials in superconductors are oxides of the elements mentioned. In the final matrix, lead does not occur as metallic lead, but as a chemical compound. Lead amounts to approx. 7 per cent of the ceramic material. It is assessed that at this moment it is not technically possible to replace lead in these superconductors, and the producer states that there is a need for a permanent exemption from the Lead Order in this area [Thiesen 2005/06]. Evaluation Over time, many alternatives to superconductors have been tested, and development work is still going on at international level. Although, at the moment, alternatives to lead are not considered available for production in Denmark, it is expected that alternatives or other solutions will be developed in the future. It is recommended to introduce an exemption for superconductors, and to reassess it after some years. 3.3 Restoration of metal objectsThe National Museum of Denmark uses lead for restoration work in connection with gilding [Sørensen 2005]. Before gilding a metal object, pre-treatment of the object is required, for instance based on paints containing lead or zinc. For restoration of objects which seem to be painted with paint containing lead or zinc, a new type of lead-containing paint is used, for instance red lead. However, lead-containing paint is always used when the objects are considered to contain iron, since treatment with zinc may cause galvanising reactions between iron and zinc, resulting in the formation of voluminous corrosion products – and, thus, poor gilding. With this in mind, exemptions have been granted to use red lead to restore gilded parts of the Christiansborg tower. Lead is used, because we know from experience that these methods work as intended. Studies and tests of alternatives to lead have not been made [Sørensen 2005]. Evaluation These applications of lead paint will take place on a continuous basis, and reliable alternatives therefore have to be developed and accepted by the National Museum, or else there will have to be a permanent exemption from the Lead Order. 3.4 Roofing/Flashings and weatherings on historical buildings, including churchesExemptions have been granted for roofing/flashings and weatherings on churches or extensions and additional buildings, such as porches or bell towers. Work typically consists of renewing roofing felt. On many churches and historical buildings, the roofing material is lead plates. If there is a need to renew the material, the preferred material will typically be new lead plates. This is also the case with renewal of extensions and annexes, since there is a wish to safeguard the architectural entirety of existing and new buildings. Evaluation In terms of substitution, roofs of historical buildings are difficult to regulate, since preservation rules and the wish to safeguard the overall architectural impression of lead roofing must be weighed against the significant pollution from lead in the local area, caused by corrosion of the lead plates over a long period of time. Previous studies point to lead-coated steel plates as alternatives to lead roofing [Hansen & Brønnum 1990]. However, there is no Danish experience with this and other alternatives in practical tests. Renewal work of this type will have to be made regularly, and there is, thus, a need to develop reliable alternatives which can be accepted by the competent authority in Denmark. An alternative solution is a permanent exemption from the Lead Order. 3.5 Brake liningsLead can and has been used for brake linings as a friction-regulating lubricant. Traditionally, the substances used were lead sulphides. In the design of the linings, it is always necessary to carefully consider how much friction is required, and how much lead is required to regulate the friction [Pedersen, C 2005]. For expanding brakes it is also important that lead in linings prevents brake noise of a frequency which is very unpleasant to the human ear [Mose 2005]. In accordance with EU Directive 2000/53/EC on end-of life-vehicles, lead in brake linings of passenger cars, minibuses, vans and certain three-wheeled motor vehicles is prohibited from 1 July 2003 (cf. Annex 2 and [EU 2005a]). However, lead in copper in friction materials in brake linings with a lead content not exceeding 0.4 per cent by weight is allowed until 1 July 2007. Brake linings in large buses and trucks are not covered by the EU Directive on End-of-Life Vehicles. However, the use of lead in brake linings in these vehicles is regulated in the Lead Order. In this connection, an exemption has been granted for such uses under the Lead Order. According to information provided by a major producer of trucks in Sweden, some suppliers are able to deliver brake linings which meet the requirements of the EU end-of-life Directive (cf. Annex 2) [Brodin, 2005]. For disc brakes, the problem of brake noise is less important. A motivating factor in work to phase-out Pb in brake linings may therefore be the use of disc brakes, instead of expanding brakes [Mose 2005]. According to information given by a Danish producer of brake linings [Pedersen, C 2005], we are today able to regulate friction without lead additives. Therefore, lead compounds are no longer deliberately added to brake linings. The extent lead is found in brake linings today is due to lead as a contaminant or filling material in other materials used, and not to deliberate addition of lead compounds. Lead-free materials can be used, although they are five times as expensive as lead-containing materials, and, thus, not competitive. The content of lead in the materials used does not exceed 0.1 per cent. A Japanese producer of motorbikes states that brake linings will be lead-free as from 2005 [Kløcker 2005]. Evaluation The information available indicates that lead in brake linings is still used by a number of producers of large buses and trucks, while, for smaller vehicles, there is no doubt that lead can be avoided. However, the development of alternatives to lead in brake linings, including other types of brakes for large buses and trucks, is considered to have reached a stage where there is no need to renew exemptions or derogations for such vehicles, when the current exemption expires. On the other hand, for large buses and trucks, it will be natural to allow the use of lead in brake linings in the form of contaminants in copper used as friction material in brake linings, corresponding to the regulation of passenger cars. 3.6 Motorbike clutch liningsAn exemption has been granted for this application of lead. However, the market actors indicate that the exemption is no longer required, since lead has already been phased out [Kløcker, 2005]. 3.7 Aviation fuelLead compounds are used as additives in fuel for piston engines in small aircraft. Lead is added in order to increase octane rating, and as a lubricant in the fuel [Jensen, M.M. 2005]. An exemption has been granted to the use of lead for such applications, which is valid up to March 2008. In Denmark, aviation fuel is marketed only with octane rating 100, known as "avgas 100 LL". According to the Danish oil sector, there are no technical problems producing lead-free aviation fuel with a lower rating. According to the oil sector [Jensen, M.M. 2005]: ”The Danish oil sector has no special interest in maintaining a market for leaded aviation fuel, since handling is difficult and costly. However, since the Danish market for avgas is modest (approx. 3.5 mill. litres), large costs would be involved in setting up two separate systems of distribution. Therefore only 100 octane gas is marketed, since it can be used by all aircraft. Today, it is not possible to produce 100 octane fuel without lead. Aircraft manufacturers are carrying out research to develop engines based on diesel – which means that lead can be avoided. Avgas producers expect that the fuel of the future is diesel and not gasoline, and therefore they are in general not encouraged to invest systematically in the development of lead-free avgas with 100 rating [Jensen, M.M. 2005]. Lead-free aviation fuel is marketed in Sweden, but there is no information on marketing in other countries. The Swedish producer and supplier Hjelmco Oil [Hjelmberg 2005] supplies lead-free fuel type 91/96, which consists of pure hydrocarbons without additives. According to [Hjelmberg 2005] lead-free fuel without additives requires hardened valve seats, which are used in all aircraft piston engines produced or overhauled after 1978. In practice, piston engines for leaded petrol can also use lead-free petrol. Moreover, the valve seats can be replaced fairly easily. Lead-free petrol can, thus, be used in all engines which meet the specifications of the engine suppliers. However, it may be necessary to change to another type of motor oil. However, lead-free petrol cannot be used in piston engines requiring 100-octane rating or which are modified with non-original parts [Hjelmberg 2005]. The major barrier to import of lead-free petrol in Denmark is considered to be related to the market. In Sweden lead-free petrol can be supplied at the same price as leaded petrol. In Denmark, it is a decisive factor whether lead-free petrol can compete with leaded petrol, and whether investments in new tank installations are required. Hjelmco states that the company can hardly compete on a market where they have to depreciate and pay interest on new tank installations, while competitors use old installations which have been fully written down. If, on the other hand, Hjelmco can supply petrol to existing plants, they expect to be able to compete on the Danish market. According to Hjelmco, it is no problem to use old tank installations - leaded petrol is removed, and lead-free petrol is filled into the tanks instead [Hjelmberg 2005]. The conclusion to be drawn from the discussion with the Danish oil sector is that there is a need to evaluate a number of practical and financial issues, before we can decide whether it would be appropriate in practice to import lead-free fuel for small piston-engined aircraft in Denmark. What should be considered is the number and location of aircraft that need lead-free petrol versus leaded petrol, the number of tank installations in existing airfields, safety and quality routines etc. Evaluation It is estimated that a significant part of the fleet of small piston-engine aircraft could use lead-free fuel, if it was available at airfields in Denmark. It is recommended to study more closely whether and how lead-free fuel can be made available in Denmark and used by the aircraft able to use this type of fuel. It is expected that a small part of the small piston-engine aircraft will need leaded petrol in the future. Therefore, a number of practical problems will have to be solved, for instance the need for extra tank installations at airfields. 3.8 Fishing equipmentA number of exemptions have been granted, both for equipment for commercial fishing, and for sports fishing. All exemptions granted for sports fishing have now expired, but for commercial fishing a number of exemptions are still valid. Based on available information (cf. [Hansen et al 2004]) substitutes for all major applications of lead in equipment for sports fishing in Denmark have been developed (cf. section 7.2). The following sections only address commercial fishing. A project on lead-free fishing equipment for commercial fishing carried out at Randers Reb and other suppliers under the Cleaner Technology Programme was initiated in 2000, but has still not resulted in useful and useable alternatives. Therefore, in 2002 an exemption, valid for two years, was granted. On the basis of [Abrahamsen 2004] short-term additional exemptions were granted in 2004. At the moment, it is not permitted to import lead sinkers, while sale of sinkers and import and sale of lead-containing sinker lines and cables for seine fishing are allowed until 1 June 2006. Equipment for commercial fishing can be divided into simple sinkers, barrel sinkers, cables for seine fishing, and sinker lines [Abrahamsen 2005]. For simple sinkers, including sinkers for ground nets, alternatives are considered to include iron or zinc weights. Today, 1-kg iron weights are marketed at a price below lead weights. Other sizes of simple iron sinkers are still not available [Abrahamsen 2005]. [Bue 2005] has confirmed that practical iron alternatives are available, imported from China. In principle, for other types of equipment – barrel sinkers, seine fishing ropes, and sinker lines – possible alternatives based on zinc are available, but still not marketed, since they are more expensive than equipment with lead weights. The fishing trade is of the opinion that alternatives to lead are not available on the market at the moment [Jensen, J. 2005; Bue, 2005], and that identification of substitutes for lead tackle is very slow – to the extent that alternatives to lead are not very likely to be marketed before the exemption expires [Larsen, O.L. 2005]. However, in the longer term, key producers of cables for seine fishing expect that alternatives to lead will be available in the form of zinc compounds [Schulin 2005]. Generally, key actors believe that experience gained with substitution in one product area can be used in another area. Therefore, producers of seine ropes think they will be able to use the zinc ropes developed for producers of sinker lines [Schulin 2005]. For sinkers, lead-free fishing tackle is expected to be ready for marketing in December 2007, while for seine ropes and sinker lines, alternatives will not be marketed until at least December 2009 [Abrahamsen 2005]. Evaluation This study concludes that financial and market-related aspects are the most important factors inhibiting the development of alternatives to lead-containing equipment, rather than purely technical aspects. It seems evident that so far efforts to develop alternatives to barrel sinkers, sinker lines and seine ropes which are able to compete with well-established lead equipment, have not been successful. At the moment, zinc is more expensive than lead, and solutions based on zinc will therefore not be financially competitive until the price of zinc falls, or until the development reaches a stage where the technological solution compensates for the additional costs of using zinc. In view of the lack of alternatives on the market, there seems to be a need for extending the temporary exemptions that have been granted for sinkers, seine ropes and sinker lines. 3.9 PVC fittings and pipesExemptions have been granted to use lead-containing PVC for discharge pipes – in all cases three-layer pipes consisting of 80 per cent regenerated PVC and 20 per cent virgin PVC. Regenerated PVC is extracted from leaded PVC, which is collected in Denmark and regenerated in Sweden. This procedure has now stopped, because the exemption from the Lead Order granted to companies using leaded PVC is given for periods of one year only. This time horizon is too short for rational operation, and the companies have therefore decided not to produce pipes made with leaded regenerate. Pipes collected in Denmark are now regenerated in Sweden and the lead-containing regenerate is sold outside Denmark. In the years following the entry into force of the Lead Order, leaded fittings could be found on the Danish market. However, the PVC industry is of the opinion that illegal fittings and pipes are no longer found [Grøndahl 2005]. For PVC windows, the situation is, however, more serious. Many lead-containing windows and profiles are marketed in Denmark. The products are primarily produced in Germany, where the production of windows containing leaded PVC has still not been stopped (cf. section 7.2) [Grøndahl 2005].
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