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Joint Committee on the Secondary Legislation of the European Communities debate -
Wednesday, 28 Jun 1978

Micro-Pollutants in Water, Atmospheric Pollutants, Pollution of Groundwater, Sulphurous Emissions from Fuel Oils and Protection for Electrical Equipment.

This draft report contains five fairly technical proposals and our comments on them. I will be very brief in my presentation of them because I do not think they are matters which should delay the Joint Committee.

The first four relate to the Community's programme on the environment. The first one relates to micro-pollutants in water. Its aim is to co-ordinate, for a period of four years, the research being carried out or planned in the Member States. So it is a co-ordination of research. The Joint Committee was informed that Ireland would participate in the project via the exchange of information about work presently being carried out by An Foras Forbartha and that it would benefit from reciprocal information concerning related research in other participating countries. This is an example of where, because we are a member of the European Community, we participate in research, we do some of the research here in An Foras Forbartha and we exchange the information. The committee saw this as desirable and as something that Ireland is at present engaged in and which will continue.

The next one on atmospheric pollutants is again a co-ordination of research into areas of atmospheric pollution. It is a continuation of an earlier programme under the overall auspices of COST from 1972-76. It would be carried out over a four-year period and would involve laboratory studies, field studies, modelling and so on. We are informed that Ireland would participate in this project, this time through the kind of work which is being carried out at present in the Chemical Engineering Department of University College Dublin. This would be made available to other countries and we would receive reciprocal information. Again, the Joint Committee thought this was very desirable.

The third relates to the pollution of groundwater. This is a draft directive which follows a Council Directive of 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment. Article 4 of the earlier directive envisaged a separate Directive on groundwater. The object of this proposed Directive is to preserve all usable groundwater resources from contamination. Groundwater is defined as water which is below the surface of the ground in the water saturation zone in direct contact with the ground. There is some interesting content in this Directive. In Ireland we have the Local Government (Water Pollution) Act, 1977, which was designed to ensure that the quality of national water resources is maintained to a satisfactory standard consistent with the various beneficial uses of the water. There is no problem at all with the Directive except for one provision which causes certain problems of reconciling it with our 1977 Act, that is, towards the end of paragraph 10 we say:

However the Department has drawn attention to one discordant provision in the draft Directive which relates to authorisation of indirect discharges e.g. deposits involving percolation through the ground which while controllable under section 3 of the Local Government (Water Pollution) Act, 1977 are not licensable under the Act.

The EEC approach is to require prior licensing. Therefore, there is a slight problem of reconciliation. The view of the Department was that the 1977 Act is a satisfactory approach and that this would be preferable to seeking prior licensing. The Sub-Committee, having considered the views of the Department, support that view and hope that the proposal itself will be adopted to the Irish approach to control them. In paragraph 11 we note the view of the Department of Industry, Commerce and Energy, which believes that the few industries in this country which do discharge waste into groundwater would be compelled to instal treatment plants if the proposed Directive is adopted and that these treatment plants might be a considerable cost for the particular firms; they might have to adapt to the Directive.

The next proposal is one on sulphurous emissions from fuel oils. This is a matter which the previous Joint Committee had examined in its Fiftieth Report. At paragraph 13 the Sub-Committee states that this draft Directive would provide for the setting up of special protection zones where air pollution by sulphur dioxide and smoke exceeds certain specified limits. Inside these zones with some exceptions only low sulphur oil could be used after 1 October 1978. There would also be provision outside the special protection zones to cover local concentrations of sulphur dioxide and smoke and temporary adverse weather conditions. At paragraph 14 our amendment would make certain changes to that. At paragraph 15 we refer to the report of our predecessor. We say:

The previous Joint Committee concluded that even if the Directive is adopted the need for declaring zones of special protection is unlikely to arise in this country in the foreseeable future.

We express some grave reservations regarding the very high cost of part of this proposal, that it would be of minimal benefit to this country and would hardly justify the very heavy additional expenditure involved for the ESB. We, in this report, endorse the conclusions of the earlier report.

The final draft instrument covered by this draft report is one which does not have great concern for Ireland. It relates to the protection for electrical equipment. It is not an environmental one, it is more one of freedom of movement of goods, the removal of technical barriers to trade in electrical equipment for use in potentially explosive atmospheres. It provides that this equipment must conform with harmonised standards. The Joint Committee is advised that neither the original Directive in this area nor the present proposals have substantial implications for Ireland. It is very technical and we need not concern ourselves too much with it.

At the end of our report, we refer to the various bodies we consulted while examining these four environmental proposals, and the fifth one on the question of the removal of technical barriers to trade in electrical equipment. We thank those bodies which made submissions to us.

In reply to a question asked we found that an enormous number of chemicals were recorded in the ground water. I was surprised that there might be many dangerous chemicals. I asked what they were but it was not known, as they had not been isolated.

Paragraph 4 says " So far, more than 1,200 polluting substances have been identified."

That is right. The use of the word " polluting " was very liberal in the sense that there were just foreign substances in the pure water. So it was not quite as bad as it looked at first.

Paragraphs 1 to 15, inclusive, agreed to.

PARAGRAPH 16.

It is very important that a report like this, even though it is technical, should get some coverage and exposure because it is possible for practices to grow up because people do not realise what damage they are doing. For instance, one of the big assets we have is water and some of our biggest stocks of water are underground. The greatest stock of water is under the Curragh. If, indirectly and unknowingly, people were discharging pollutants and saying, " What does it matter, it will percolate through the ground? ", they might be destroying a very important natural resource. These things should be highlighted.

I am worried about the problem of the monitoring plants. The ESB may have difficulties with the extra cost, given that they are using oil which at times can be in excess of 4 per cent, but what does that mean? Does it mean it could be 10 per cent? There should be at least one monitoring plant. It is possible to say: " We cannot have a monitoring plant for Poolbeg, one for Ringsend, one for Shannon and one for the Lee, " but we should have one, and we should not just do nothing under the heading of it being too costly, or should we make sure that the Institute for Industrial Research and Standards have the capability of making those measurements and that they would do so periodically on an audit basis? I would not go along with the Joint Committee in that paragraph stating that they are happy with the situation. Some attempt to monitor the level of sulphur content should be made and the IIRS should do it on an audit basis. I propose that that might be added. It seems that we are running away from it on the basis of cost and we have been doing that too often. The draft report at the bottom of page 7 says:

. . . the indications are that this would involve the Board in an outlay of £300,000 more per station over the life of the station.

I suggest that we add to that " that the Joint Committee would like to see some consideration given to the possibility of the IIRS providing this service on an audit basis as a means of ensuring that there is some monitoring of these levels going on on an objective basis."

I would agree with putting that in but the only thing is that I think that is being done currently. I would be quite surprised if there is not an occasional audit of the sulphur levels.

It might be left to the ESB.

That is why I accept that it should be included as a proposal.

I know of various county councils, including Kildare County Council, who are setting up special departments to implement the Local Government (Water Pollution) Act. County councils are the worst polluters of water but at least now there is an Act to deal with that type of pollution. With regard to the other matters like sulphurous emissions from fuel oils, and electrical equipment, we have no Regulations to deal with such offences. If the ESB are emitting sulphur at 10 per cent or 20 per cent above the acceptable level we have no body of law to deal with that at the moment.

Have we not? Does the Local Government (Water Pollution) Act not cover that?

I am referring to air pollution. It would be opportune now, with the vast technology in chemical industry coming into the country, for this Committee to have our laws in this regard strengthened.

It is hardly our business.

I am raising this with a reference to air pollution, given that we are so dependent on oil as a source of energy. I would hate to see us putting out a statement here, which was more or less a free for all, that we cannot do anything about it because it is too costly and therefore the ESB can do what they like. We should have some sentence in here which says that an audit should be carried out preferably by the IIRS.

I go along with that.

Everybody agrees.

The point is that the ESB are quite willing to do it but they say that if they do it, it will mean that electricity will be dearer. Is it worth while?

That is not my interpretation of it. What we are saying is that it would cost £300,000 per station to monitor at the level recommended in the Directive. I am only suggesting that there should be the capability in Ireland, possibly in the IIRS, to make periodic measurements on an audit basis to establish the levels.

Strictly speaking, I should not allow this amendment because amendments are supposed to be in two days beforehand; but if Senator Robinson and the Committee feel that it could not make a major change in the report it can go in.

I have no objection and there is general agreement.

It is a footnote.

Make it a formal proposal.

I formally propose to insert it at the end of the sentence where it says " over the life of the station "——

It would not be appropriate to come after that. It would be more appropriate for it to come after " . . . means an increase of 1% in the price of electricity ".

And knock out the last sentence.

One other point, Senator Robinson refers to special protection zones in other countries. Have you any idea of the cost of these, or is this an unfair question to ask? It is on page 6 of the report.

Honestly, I do not know.

I was just wondering whether there were parts of the country where you could not drive or what.

I do not think we are actually deleting the last sentence entirely because you are putting in that, while the Joint Committee would agree with its predecessor that the proposal for continuous monitoring be resisted, nevertheless you would recommend and so on.

Yes, that would be the way to phrase it.

That would be better.

That will all be taken in the Senator's proposal?

I move:

In page 8, line 5, to delete " In the circumstances the Joint Committee agrees with its predecessor that the proposal must be resisted as far as Ireland is concerned " and substitute the following:

However while the Joint Committee agrees with its predecessor that the proposal to make the use of low sulphur fuel oil obligatory must be resisted it feels that the Institute for Industrial Research and Standards might be invited to make periodic measuring on an audit basis so as to ensure that there is some check on the atmospheric concentration of sulphur dioxide.

Amendment agreed to.
Paragraph, as amended, agreed to.

I think that is better.

On the electrical equipment one, there is an implication there that we will not have high explosive atmospheres. But I am thinking here about Asahi. I know that the people of East Wall and thereabouts were somewhat worried when the Asahi terminal was going up and the problems that could arise from handling material of that kind. I am drawing attention to the fact that maybe we are dismissing the notion that we will not have explosive atmospheres in Ireland—we may have—but I do not want to raise anything about it other than to comment.

More for gas explosives.

It refers to them.

Subject to that amendment and these observations, is the report adopted?

I propose its adoption.

I second that proposal.

Paragraphs 17 to 20, inclusive, agreed to.

Draft Report, as amended, agreed to.

Ordered: To report accordingly.

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