Hazardous chemicals in construction products

kemikalieinspektionen.se

Hazardous chemicals in construction products – proposal for a Swedish regulation

Report from a government assigment

REPOR

T 4/16

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. Order tel: +46 8 505 933 35, Order fax: +46 8 505 933 99, e-mail: [email protected].

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, environmental organisations, property owners, entrepreneurs and researchers.

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 5.5.3 BREEAM ..................................................................................................................................49

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 8.4 Identication and assessment of impacts ..................................................................................94

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 12 Other ......................................................................................................................................122

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 ämnen (VOC) samt mindre flyktiga organiska ämnen (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

The matter of supervision is discussed in section 8.3.5.

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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-, p-) 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

4900

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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


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

4-3 1-Butanol 71-36-3 3000

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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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6-12Ethylene 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

6-15Diethylene glycol dimethyl ether (1-Methoxy-2-(2-methoxy-ethoxy)-ethane)

111-96-6 28

6-162,2,4-Trimethyl-1,3-pentanediol monoisobutyrate

25265-77-4 600

6-17Ethylene glycol isopropylether (2-Methylethoxyethanol)

109-59-1 220

6-18 Triethylene glycol-dimethyl ether 112-49-2 7

6-19Ethylene 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

6-22Diethylene glycol monoethyl ether (2-(2-ethoxyethoxy)ethanol)

111-90-0 350

6-23Ethylene glycol monoisopropyl ether (2-Propoxyethanol)

2807-30-9 860

6-24Ethylene 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

6-27Diethylene glycol monomethyl ether acetate (Butyldiglycolacetate, 2-(2-butoxyethoxy) ethyl acetate)

124-17-4 850

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

6-29Ethylene glycol n-hexyl ether (2-Hexoxyethanol)

112-25-4 1200

6-30Diethylene glycol n-hexyl ether (2-(2-Hexoxyethoxy)-ethanol)

112-59-4 740

6-31Propylene glycol monomethyl ether (1-Methoxy-2-propanol)

107-98-2 3700

6-321-Propylene glycol 2-methyl ether (2-Methoxy-1-propanol)

1589-47-5 19

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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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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

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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

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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

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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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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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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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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/

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Figure 1: Occurrence of Particurlarly Hazardous Substances products intended for use indoors in SundaHus and Byggvarubedömningen (Building product assessment) databases. The construction products may have been sorted into one of the following categories: paints, flooring and carpets, insulating material, adhesives and joints, pipes and hoses, wallpaper, indoor and joinery articles, panel material, plaster and mortar.

Concentrations of hazardous substances in construction products All construction articles registered in the SundaHus and Byggvarubedömningen databases need to have a contents declaration. This means that the contents (as a percentage by weight) must be specified for substances at CAS level. This is often expressed as a “less than” value, which results in the total contents sometimes exceeding 100%. A summary of the average chemical content in different construction article categories is presented in Table 2, based on the assumption that a value reported as being “less than” is the actual concentration. An average content does not mean that the substance occurs in all the articles within a particular category, but gives an overview of roughly the concentration at which the substances occur when they are used. However, there are uncertainties in the information which companies have input in assessment systems. For example, the table shows that styrene occurs in concentrations between 20 and 49% in the products in which it is used, while vinyl acetate occurs in concentrations up to 20%. As styrene is used as a starting material in the production of polystyrene, it is likely that a large proportion of these concentrations comes from raw materials used during production. This is evident in some cases in the database, but far from being the case all the time. In some cases, the occurrence of free monomers and “prepolymers” is reported, but with the concentration being specified only for the free monomer. As the free monomer and polymer material have different CAS numbers and the search has been carried out based on the monomer’s CAS number, we have assumed that the substance reported as a monomer also occurs in this form in the product, but this is therefore

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not necessarily the case. Similarly, vinyl acetate often forms a copolymer with polythene, but is therefore reported in the databases as the free monomer.

With regard to the 46 Particurlarly Hazardous Substances used in the construction sector in the EU, the overall picture indicates that the “adhesives and joints” category shows the largest content of chemicals as a percentage, both in terms of number of substances and content, whereas wallpaper has a restricted content of chemicals according to these two databases. Table 2: Summary of average content of Particurlarly Hazardous Substances in different construction product categories, based on content reported in the SundaHus and Byggvarubedömningen databases.

One conclusion from the consultant’s report is that the Byggvarubedömningen and SundaHus assessment systems are currently not in the best state to be able to provide overall statistics for the whole construction sector on a representative basis as there are no binding report requirements for all construction products.

Chemical substance

Average content (%)

Pain

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Floo

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and

carp

ets

Indo

or a

nd

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artic

les

Insu

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g m

ater

ial

Adh

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ts

Plas

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mor

tar

Pipe

s and

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es

Woo

den

pane

ls

Wal

lpap

er

2,3-Epoxypropyl o-tolyl ether 15 Bisphenol A 8 0.1 35 Chlorinated paraffins 5 2 21 15 DINP 5 14 13 20 Formaldehyde 0.05 1 Tetrachloroethene 53 Tetrahydrofuran 33 Trisodium nitrilotriacetate 5 Tetrabromobisphenol A 0.4 3 Hexabromocyclododecane 1 2 0.1 1 N-Methyl-2-pyrrolidone 19 0.8 1 3 50 Toluene 28 0.1 27 1 Styrene 35 34 49 20 n-Hexane 4 Vinyl acetate 3 4 0.2 9 20 Phenol 2 0.2 1 10 0.01 9 N-Ethyl-2-pyrrolidone 4 Acrylonitrile 1 8 Octamethylcyclotetrasiloxane 1 4

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Total quantities of hazardous substances in product articles – sample calculations for flooring and panel material It is difficult to make a proper assessment of quantities of hazardous substances in articles due to the lack of information about the articles’ contents. As the products in the SundaHus and Byggvarubedömningen databases are not classified according to the Combined Nomenclature (CN)28, a direct link cannot be made with the trade statistics. However, at a more general level, it is still possible to estimate the articles’ contents based on the information in the databases.

Based on the occurrence of chemicals registered for flooring and carpets, as well as for panel materials in the SundaHus and Byggvarubedömningen databases, the consultant used the trade statistics to estimate the total quantity of hazardous substances added to the Swedish market every year in these products29.

As indicated in Figure 2 below, DINP is the predominant substance in these product categories, with an estimated net supply of almost 36,000 tonnes per year in flooring, followed by phenol and formaldehyde in wooden panels (22,000 and 8,000 tonnes per year respectively), as well as styrene, bisphenol A and vinyl acetate in flooring (2,600, 2,000 and 900 tonnes per year respectively), but with large variations due to the spread in the reported contents. The other substances account for small quantities in relation to these predominant substances.

According to the Swedish Chemicals Agency Product Register, the use of dibutyltin dilaurate, BHT, 2-butanonoxime and naphthalene was higher than the corresponding use in flooring and panel material. In the case of the other substances, their use in flooring and carpets and panel materials, according to the Product Register, exceeded the other figures by a factor of 4 – 1,300,000. This could be interpreted as the larger share of the hazardous substances used in construction articles originating from elsewhere than the EU or as the content specified in the SundaHus and Byggvarubedömningen databases being overestimated, especially taking into account that, in this summary, the consultant has assumed that all “less than” values represent the actual contents. It may also relate to a combination of these factors, which is confirmed by making a comparison between imported products and the net supply (see Table 8), which shows that approx. 13% of flooring and carpets and 30% of wooden panels are imported. To obtain a better estimate, construction companies need to report the actual contents in the article instead of “less than” values.

28 The Combined Nomenclature (CN) is used by all EU countries in their foreign trade statistics and also in the EU’s Common Customs Tariff. CN 8 (eight-digit article codes) is the most detailed level for classifying articles in foreign trade statistics. 29 According to the calculation:

Mi,A is the total quantity of a substance i added to the Swedish technosphere every year via article group A, where MA is the total net supply from article group A per year, based on Sweden’s trade statistics (flooring 2,300,000 tonnes, wooden panels 2,400,000 tonnes and plasterboard 470,000 tonnes), see Table 8. Ni,A is the number of registered products from article group A containing substance i, according to the SundaHus and Byggvarubedömningen databases. NA is the total number of registered products from article group A in the SundaHus and Byggvarubedömningen databases, according to a manual search by product codes, whereas Ci,A is the concentration (%) of substance i in article group A according to the SundaHus and Byggvarubedömningen databases. This calculation is based on the assumption that the proportion of article group A containing substance i according to the SundaHus and Byggvarubedömningen databases is representative of the whole construction market in Sweden, and that the concentration specified in the SundaHus and Byggvarubedömningen as a <- value is the actual concentration. Figure shows the result from these calculations as an average with an interval in the cases where the reported contents vary among different products, compared with the reported total use according to the Product Register.

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Figure 2: Estimated annual average net supply of hazardous substances in the article categories Flooring and carpets and Panel materials for the indoor environment, based on information from the SundaHus and Byggvarubedömningen databases, compared with the reported total use according to the Product Register. The error bars show the minimum and maximum values based on reported content. Note that the scale on the y-axis is logarithmic.

3.3 Phthalates in construction articles The material for this section of the report mainly comes from the Swedish Chemicals Agency’s previous report on phthalates30, and has also been supplemented by more recent information from the flooring sector. The construction industry is the sector where PVC is used most of all31. PVC is the most commonly used polymer in building and construction applications32. More than 60% of Europe’s annual PVC production is used in this sector, which includes a large volume of soft PVC32. According to earlier information supplied by the PVC Forum (2007), more than 80% of the PVC manufactured in Sweden is used in the construction industry31. Examples of the uses in the building and construction industry include cladding, as well as roofing membranes, in cables and wires, flooring and wall coverings32, profiles for doors and windows, coated panels31 as well as PVC sealant tape and sealant between concrete blocks in dyke structures33. Other examples are plastic laminate, flexible plastic hoses and pipes, paint and varnish, insulating material, protection tape and plastic film, sandpaper, sealant strips for windows and doors, roll-up garage doors, water hoses, valve connectors, tools with plastic handles and toolboxes.

30 Swedish Chemicals Agency 2014, Report 4/15, Phthalates which are toxic for reproduction and endocrine-disrupting – proposals for a phase-out in Sweden 31 PVC Forum, 2007, PVC idag och imorgon (PVC today and tomorrow). http://www.plastkemiforetagen.se/Material/PVC_12_sid_A5_004.pdf 32 Plasticisers.org, 2014. Building & construction. Available: 02.04.2014 http://www.plasticisers.org/en_GB/applications/building-construction 33 Blomfeldt T, Bergsjö P, 2013. Utvärdering av egenskaperna hos fogband i mjukgjord PVC för betongkonstruktioner – Korrelation mellan accelererad åldring, långtidsexponering och fogband i drift (Assessment of properties of soft PVC sealant tape for concrete structures – Correlation between accelerated ageing, long-time exposure and sealant tape in operation). Elforsk Report 13:39

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Chemical products are also used within the construction sector, such as paints, sealants and adhesives, which may contain phthalates.

3.3.1 Flooring Most PVC floor coverings are manufactured by combining plasticisers with PVC powder to form a liquid paste known as “plastisol”. It is applied in several layers to build up the floor, which comprises a foam core and a decorative layer and hard covering34. There is also homogeneous plastic flooring. PVC floors often have a service life of more than 20 years. As PVC flooring provides a level, smooth surface, making it easy to clean, it is often used in hospitals and other healthcare institutions, as well as in other public buildings such as schools and pre-school facilities, and also in offices and bathrooms. PVC flooring is also cheaper than many other options.

It was estimated that in 2014, 5.8 million m2 of both PVC and non-PVC plastic flooring was sold in Sweden35.

According to the flooring sector in Sweden, GBE, there are currently two major manufacturers of flooring and wall products made from PVC. Neither of them use phthalates as plasticisers in their products, switching instead to DINCH36 or vegetable-based plasticisers. There is also a similar trend in the rest of the EU. Other manufacturers of PVC flooring in the EU mainly use the phthalates DINP and DIDP. There are also other types of plastic flooring, such as polyolefin flooring. Occasionally, a very thin surface layer of polyurethane is applied to increase slip resistance or polyurethane is combined in the PVC flooring. An example of the plasticiser concentration range in PVC flooring is 15-20%. Examples of other plasticisers used for flooring are Mesamoll (alkylsulphonic acid esters) and DOTP.

3.3.2 Wall coverings PVC wall coverings are designed most often for use in wet rooms. They are composed of three layers: a decorative layer, which has prints and colours applied, an intermediate layer, which is soft, and a backing, which provides the covering with strength37.

It was estimated that in 2013 approx. 1.1 million m2 of plastic wall covering was sold in Sweden.

PVC wall coverings come in different thicknesses and can last for 20 years. As no cracks appear on the covering and it is easy to keep clean, this makes it suitable for places where there is a great deal of wear and tear or there are stringent hygiene requirements, such as in hospitals and schools.

One example of plasticiser concentration in a wet-room wall covering is 13%.

34 Plasticisers.org, 2014. Flooring. Available: 02.04.2014 http://www.plasticisers.org/en_GB/applications/flooring 35 Flooring industry, 2012. Textila golv ökade starkt (Textile flooring saw strong growth). Flooring industry activity report 2012. http://www.golvbranschen.se/media/30951/golvbranschens-verksamhetsberattelse-2012-endast-statistik.pdf 36 Di-isononyl-cyclohexane-1,2-dicarboxylate 37 Plasticisers.org, 2014. Wall coverings. Available: 2014-04-02. http://www.plasticisers.org/en_GB/applications/wall-coverings

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4 Emissions of hazardous substances from construction products

The declared content of substances of a construction product is not necessarily identical to the substances emitted from the product as emissions can, for instance, be produced by degradation or reaction products. Even in cases where it is the constituent substance which is actually emitted, any information about the content of substances is often simply not sufficient to be able to assess which substances will be emitted from the construction product into the indoor air, and to what extent.

Emissions of a substance from a material depend on various factors, including the characteristics of both the substance and material, as well as on the conditions in the indoor environment, such as the temperature, ventilation and air humidity. The emissions may also change as a material gets older or wears out. An important difference in how different substances are emitted from construction products is apparent between volatile organic compounds (VOC) and semi-volatile organic compounds (SVOC). In the case of VOCs, the extent of the emissions is dependant on the concentration of the substance in the material, where a high concentration of the substance in the material produces a high level of emissions. However, VOCs evaporate relatively quickly, resulting in the emissions tailing off within a couple of months up to a year. Emissions of SVOCs are less dependent on substance concentration in a material. However, emissions of SVOCs can be problematic as the emissions can continue for a long time. VOCs which have been emitted from a material often occur in air, whereas SVOCs can be present in both air and dust. Dust has been shown to be a major source of exposure for children38 and there are a number of initiatives going on aimed at investigating dust further as a source of exposure, including as part of health-related environmental monitoring39 and research studies on endocrine disruptors in dust 40.

The existing voluntary evaluation systems for construction products in Sweden often include criteria linked to content, whereas information about emissions is very sparse. In some cases, criteria for information about total emission of volatile organic compounds (TVOC) are included, either as a concentration or emission factor, whereas there are no criteria for individual substances in any of the systems.

Particles may also occur in the indoor environment. But, in this case, sources other than construction products are considered to have a significant role in this. Transport from outdoor air and human activities such as cooking and cleaning, burning candles, using sprays or laser printers is considered to make a significant contribution to the occurrence of particles in indoor air41. Among the construction products, it is mainly paints which have the potential to produce particles indoors42. As particles from construction products are considered to have a small impact on the indoor environment, they will not be dealt with any further in this chapter.

38 Swedish Chemicals Agency 2013, Report 8/13 “Barns exponering för kemiska ämnen i förskolan” (Children's exposure to hazardous substances in pre-school environment). 39 http://ki.se/imm/halsorelaterad-miljoovervakning-0 40 http://www.aces.su.se/misse/ 41 Morawska L., Afshari A., Bae G.N., Buonanno G., Chao C.Y.H., Hänninen O., Hofman W., Isaxon C., Jayaratne E.R., Pasanen, P., Salthammer, T., Waring, M., Wierzbicka, A., 2013. Indoor aerosols: from personal exposure to risk assessment. Indoor Air 23, 462-487. 42 Lazaridis M., Serfozo N., Chatoutsidou S.E., Glytsos T., 2015. New particle formation events arising from painting materials in an indoor microenvironment. Atmospheric Environment 102, 86-95.

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VOCs have been defined in different ways in different contexts. In this report, we will adhere throughout to the definition given by the forthcoming harmonised standard for measuring VOC emissions – prEN 16516 (see Glossary and key terms). The same standard also includes a definition for SVOCs, which we will also adhere to throughout the report.

4.1 Emissions of volatile organic compounds (VOC) VOC emissions from construction products can vary over time and are controlled by mechanisms for transporting the substances within a material, such as diffusion and evaporation43. Temperature, relative air humidity, air renewal cycles and the substance’s initial concentration in the product are the key factors affecting the extent of the emissions44. Concentrations of VOCs in indoor air where construction products provide sources usually fall from quite high initial concentrations to a low and almost constant level within a couple of months up to a year from when construction takes place45.

A typical indoor environment can contain more than 6,000 organic substances, of which around 500 can be attributed to construction products46. VOCs occur in indoor environments in a gas phase. Linear and branched aliphatic hydrocarbons (such as nonane, decane, trimethylheptane) and aromatic hydrocarbons (toluene, ethyl benzene, xylenes) are used as solvents and constituents in paints, varnishes, adhesives and floor coverings. Oxygen-containing organic compounds such as aldehydes (formaldehyde, hexanal, benzaldehyde and furfural from, for instance, particle boards or floor boards made of cork), alcohols (phenol, heptanol, nonanol from flooring and carpets), ketones (acetone and butanone from paints) and unsaturated substances, such as styrene or vinyl acetate (residual monomers from plastic flooring and wallpaper) also commonly occur.

In the case of eight of the identified VOCs which are carcinogenic, mutagenic or toxic for reproduction, emissions data has been reported in the scientific literature. The emissions data which has been identified in the scientific literature for VOCs is described briefly below. A more detailed description features in the consultant’s report47 and a summary is also provided in Appendix 6. There is also emission data reported for several other VOCs in the literature, but these are not covered by the analysis carried out for this assignment.

Emissions can be split into primary and secondary emissions. Primary emissions are emissions of substances directly from different materials and generally originate from the various constituents in the material. Secondary emissions are largely affected by both current and previous indoor conditions. They originate from several different processes, including re-emission from materials indoors. If the ventilation is reduced during the night, the concentrations of substances in the air will increase. These substances stick to different surfaces and are emitted later when the ventilation increases and the concentrations in the air drop. Secondary emissions can also occur if new compounds are formed through chemical reactions in the air or on surfaces48.

43 Won D. and Shaw C.Y., 2004. Investigation of building materials as VOC sources in indoor air. National Research Council Canada, report NRCC-47056. 44 Blomfeldt T, Bergsjö P, 1998. Impact of air velocity, temperature, humidity, and air on long-term VOC emissions from building products. Atmospheric Environment 32, 2659-2668. 45 Järnström H., Saarela K., Kalliokoski P., Pasanen A.-L., 2006. Reference values for indoor air pollutant concentrations in new, residential buildings in Finland. Atmospheric Environment 40, 7178–7191. 46 Wargocki P., 2004. Sensory pollution sources in buildings. Indoor Air 14, 82-91. 47 Swedish Chemicals Agency 2015, PM 9/15, Kartläggning av farliga ämnen i byggprodukter i Sverige (Survey of hazardous substances in construction products in Sweden), IVL 48 http://www.kominmiljo.eu/materialemission

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A number of studies report on emissions of formaldehyde from such materials as solid wood, particle boards, plywood and wood-based composite materials for walls and flooring, as well as on how the emissions depend on wood species49, 50 and how they change over time51, 52. Formaldehyde can also be formed as a secondary product after treating wood-based construction products with infrared or ultraviolet radiation53 or ozone54. Both primary and secondary emissions of formaldehyde from construction products are described in the literature55, 56.

Emissions of furfural and phenol have been reported from composite cork products for indoor use, such as walls, ceilings and floors made of or covered with cork57. Emissions were high, but they subsided fairly quickly. Emissions of the volatile substances toluene, n-butyl acetate, ethyl benzene and m-, p-xylene from a wood-based composite material made from several different wood fibres have been reported58. The emissions increased as the temperature increased and, to a lesser extent, as the air humidity increased. The relationship between the substances’ boiling points and emission factors were linear with a negative slope confirming that the most volatile substances are also emitted the most easily from materials. The emission of styrene from a specially manufactured material also increased linearly with the temperature, but was considered not to be affected noticeably by air humidity59. Emissions of formaldehyde, acetaldehyde and toluene have been reported in a study on conventional and “green” construction products60.

Emissions of the VOCs toluene, phenol, styrene and 2-ethyl-hexanoic acid have been reported from paints, adhesives, plasterboard and combinations of these materials which occur in wall structures61. VOC emissions from complete walls differed from emissions from individual materials/products, which means that emissions testing should be carried out on actual material combinations and not on constituent materials separately in order to obtain a comprehensive view of the emission levels.

49 Schripp T., Langer S., Salthammer T., 2012. Interaction of ozone with wooden building products, treated wood samples and exotic wood species. Atmospheric Environment 54, 365-372. 50 Böhm M., Salem M.Z.M., Srba J., 2012. Formaldehyde emission monitoring from a variety of solid wood, plywood, blockboard and flooring products manufactured for building and furnishing materials. Journal of Hazardous Materials 221-222, 68-79. 51 Horn W., Ullrich D., Seifert B. 1998, VOC emission from cork products for indoor use. Indoor Air 8, 39-46. 52 Fjästad M., Englund F., Ferm M., Karlsson A, Mattson E., 2010. Bevarande inomhusmiljö? (Preserving an indoor environment?) National Heritage Board Report RAÄ 2010, SBN_978-7209-566-3. 53 Kagi N., Fuji S., Tamura H., Namiki N., 2009. Secondary VOC emissions from flooring material surfaces exposed to ozone or UV radiation. Building and Environment 2009, 44, 1199-1205. 54 Nicolas M., Ramalho O., Maupetit F., 2007. Reactions between ozone and building products: Impact on primary and secondary emissions. Atmospheric Environment 41, 3129-3138. 55 Gall E., Darling E., Siegel J.A., Morrison G.C., Corsi R.L., 2013. Evaluation of three common green building materials for ozone removal, and primary and secondary emissions of aldehydes. Atmospheric Environment 77, 910-918. 56 Cheng Y.-H., Lin C.-C., Hsu S.-C., 2015. Comparison of conventional and green building materials in respect of VOC emissions and ozone impact on secondary carbonyl emissions. Building and Environment 87, 274-282. 57 Horn W., Ullrich D., Seifert B. 1998, VOC emission from cork products for indoor use. Indoor Air 8, 39-46. 58 Lin C.-C., Yu K.-P., Zhao P., Lee G.W.-M., 2009. Evaluation of impact factors on VOC emissions and concentrations from wooden flooring based on chamber tests. Building and Environment 44, 525-533. 59 Crawford S., Lungu C.T., 2011. Influence of temperature on styrene emission from vinyl ester resin thermoset composite material. Science of the Total Environment 2011, 409, 3403-3408. 60 Cheng Y.-H., Lin C.-C., Hsu S.-C., 2015. Comparison of conventional and green building materials in respect of VOC emissions and ozone impact on secondary carbonyl emissions. Building and Environment 87, 274-282. 61 Wirtanen L., 2006. Influence of moisture and substrate on the emission of volatile organic compounds from wall structures. Doctoral dissertation. Helsinki University of Technology, Espoo, Finland. ISBN 951-22-8011-6.

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4.1.1 Health-based guidelines for construction products – EU-LCI A health-based evaluation of emissions from construction products is an important part of the existing national legislations. There is a process going on of harmonising emission evaluations within the EU, based on the LCI (Lowest Concentration of Interest) concept62, 63. The advisory group for EU-LCI includes, for instance, experts, representatives from the European Commission, a number of Member States, as well as the chemicals and construction product industry. A policy decision on EU-LCI is still to be made.

The resulting values are known as EU-LCI values. The EU-LCI values are calculated on the basis of the existing national assessment systems available for VOC emissions from construction products in Germany (AgBB system) and France (ANSES). Voluntary systems in other countries such as Denmark and Finland have also been used as a basis, along with existing emissions data from construction products. The aim of using EU-LCI values is to enable VOC emissions from construction products to be assessed on a harmonised basis using health-based values.

At present, only volatile organic compounds (VOC) have been assessed in terms of EU-LCI values, with very volatile organic compounds (VVOC), semi-volatile organic compounds (SVOC) or carcinogenic substances not yet being included systematically in this process.

It is also important to be able to revise the list of EU-LCI values, both with regard to the types of substances and how many substances are included, along with their respective EU-LCI values. New information may emerge, such as data arising via the implementation of the REACH regulation or through national activities, which will mean that the list of EU-LCI values may need to be revised.

EU-LCI values are health-based reference concentrations for exposure through inhalation, which are used to assess emissions from a construction product after 28 days. EU-LCI values are used in product safety assessment in order to avoid health risks associated with long-term exposure. EU-LCI values are based, as far as possible, on the values established previously in Germany and France. In the case of substances where the values from Germany and France differ greatly or if no previous values are available, values may be calculated, based on the guidelines for assessing chemicals available at EU level64. When a new EU-LCI value is calculated, relevant toxicological data is collated for the individual substance, which gives an overview of the information available for a substance and establishes on what basis the EU-LCI value has been calculated.

EU-LCI values have been calculated for a number of priority substances. A total of 177 substances are listed, which have been split into two groups. The first group contains 82 substances with agreed interim EU-LCI values, while the second contains 95 substances for which EU-LCI values still have to be calculated.

The established EU-LCI values can be used to assess emissions of single substances, but also to look at the overall hazard ratio, i.e. the sum of individual ratio between the measured concentration of a substance and the substance’s EU-LCI value for all substances emitted from a product. The hazard ratio is independent of the type of effect caused by the individual substances.

62 JRC, 2013. Report No 29, Harmonisation framework for health based evaluation of indoor emissions from construction products in the European Union using the EU-LCI concept. 63 www.eu-lci.org 64 http://echa.europa.eu/support/guidance

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The occurrence of VOCs and SVOCs in the indoor environment may depend on emissions from different sources, with construction products being an important source among these. EU-LCI values do not take into account emissions of substances from sources other than individual construction products. However, as a way of approaching the issue of emissions from multiple sources, it has been suggested that the individual hazard ratios for different construction products can be specified or that the emissions of individual substances can be limited, for instance, to half the EU-LCI value. The responsibility can also be placed on the client planning a building not to select products which emit the same substances.

The establishment of EU-LCI values is a pivotal part of creating a harmonised framework for labelling construction products intended to be used in an indoor environment. They values have a potential to be used in the EU in order to promote greater protection of citizens’ health in relation to emissions from chemicals from construction products present indoors.

4.1.2 Emissions from flooring, walls and ceilings It is well-known that different types of flooring can emit chemical substances. The European Commission’s research directorate – the Joint Research Centre – published in 1997 a work focusing on the assessment of emissions from flooring materials. This work was then used as the foundation for the AgBB system practiced in Germany65 (a more detailed description is provided in Chapter 7). Emission tests have identified a number of different substances such as cyclohexanone, 2-ethyl-1-hexanol, alpha-pinene, beta-pinene, decane, hexanal, 3-carene emitted from vinyl flooring, waxed wooden floors, oiled wooden floors and homogeneous wooden floors made of different types of wood.

An analysis has been carried out in Belgium of emissions from construction products used for walls and ceilings66 as part of a review of the Belgian legislation (see more about Belgian legislation in section 7.2.3). Emissions data has been studied from around 300 different products used for wall and ceiling sections. The products covered by the analysis were paints and varnishes, adhesives, sealants, ceiling panels, plasterboard, wallpaper, wall panels, plywood and fibreboard. Some examples of the emissions measured from these materials were benzene, acetaldehyde, formaldehyde, 2-butoxyethoxyethanol, 1-methyl-2 pyrrolidone, decane, undecane, naphthalene, phenol, 2-octenal, 2-methoxyethanol and terpenes.

4.2 Emissions of semi-volatile organic compounds (SVOC) SVOCs can occur in indoor air in both gas and particle phases and commonly occur in different indoor environments. SVOCs are often used in construction products to modify the function, but they also occur in other consumer products, such as electronics, furniture and clothing. The substances which can occur in construction products include biocides and preservatives (e.g. triclosan, pentachlorophenol), pesticides (e.g. chlordane), flame retardants (e.g. decabromodiphenyl ether, tri(chloropropyl)phosphate) and plasticisers (e.g. triphenyl phosphate, di-2-ethylhexyl phthalate (DEHP)).

The use of SVOCs has changed during recent decades. A number of substances have been banned or had restrictions imposed on them, such as tri(chloropropyl)phosphate, pesticides and herbicides such as aldrin, chlordane and DDT, and phthalates such as di-n-butyl

65 AgBB (Committee for Health-related Evaluation of Building Products). This committee’s job is to assess construction products’ health effects. 66 WP 3 & 4: Emissions from wall and ceiling materials: assessing the feasibility of extending the Belgian Royal Decree (8th May 2014) on maximum emission levels from construction products., Katleen De Brouwere, Marc Lor, Study accomplished under the authority of Federal Public Service of Public Health, March 2015.

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phthalate, di-isobutyl phthalate, butylbenzyl phthalate and diethylhexyl phthalate. On the other hand, the use of other substances has increased (e.g. 4-nonylphenol or alternative plasticisers such as triphenyl phosphate, diisononyl 1,2-cyclohexanedicarboxylic acid and diethylhexyl terephthalate).

In the case of SVOCs, the inherent physical/chemical properties, such as a low vapour pressure and low aqueous solubility, drives the emissions. The concentration of a SVOC in a material is less relevant for the extent of the emissions than for VOCs where the concentration is the key factor influencing the extent of the emissions. Another fundamental difference between VOCs and SVOCs is that VOCs are emitted from the material regardless of the surrounding environment and their concentration reduces over time during the product’s life cycle. On the other hand, emissions of SVOCs such as plasticisers, flame retardants and preservatives mainly depend on external factors such as distribution in the gas phase and distribution on surfaces, as well as on the characteristics of the substance and material. Although the quantity of SVOCs emitted from a material is very often small compared to the total concentration in the product, emissions can often continue throughout the product’s entire life cycle, thereby affecting the indoor environment for long periods of time67.

SVOCs which are emitted from construction materials into indoor environments can be found in the air, both in the gas phase and bound to particles, but they can also be deposited on different surfaces and accumulate in dust68. Dust can give a more comprehensive picture of the impact from SVOCs in a particular indoor environment and may be a significant pathway in terms of exposure for young children. Concentrations of a number of SVOCs in dust from residential buildings, pre-school institutions, schools and offices are documented in scientific publications69. Articles published recently have highlighted three pathways for transferring SVOCs to dust: evaporation from a material, with the substance then being deposited in the dust70, transfer to dust via fibres and particles formed through abrasion71 and direct transfer to dust upon contact72.

Otherwise, the literature available is very limited about direct measurements of SVOC emissions from construction products into indoor air. SVOCs have also been measured in air, and for instance dioxin-like PCBs (PCB 105, PCB 118, PCB 156, PCB 167), even though such PCBs have been banned since 1978, and 2,3,7,8-TCDF (2,3,7,8-tetrachlorodibenzofuran) have been found in rooms with PCB-coated ceiling panels73. Emissions of 13 different brominated flame retardants, BDEs, have been estimated in another study based on

67 Weschler C.J., 2009. Changes in indoor pollutants since the 1950s. Atmospheric Environment 43, 153-169. 68 Weschler C.J., Nazaroff W.W., 2008. Semivolatile organic compounds in indoor environments. Atmospheric Environment 42, 9018-9040. 69 Weschler C.J., Nazaroff W.W., 2010. SVOC partitioning between the gas phase and settled indoor dust. Atmospheric Environment 44, 3609-3620. 70 Rauert C., Harrad S., Stranger M., Lazarov B., 2015. Test chamber investigation of the volatilization from source materials of brominated flame retardants and their subsequent deposition to indoor dust. Indoor Air, 25(4), 393-404. 71 Rauert C., Harrad S., Suzuki G, Takigami H., Uchida N., Takata K., 2014. Test chamber and forensic microscopy investigation of the transfer of brominated flame retardants into indoor dust via abrasion of source materials. Science of the Total Environment, 493, 639-648. 72 Rauert C., Harrad S., 2015. Mass transfer of PBDEs from plastic TV casing to indoor dust via three migration pathways – A test chamber investigation. Science of the Total Environment, 1(536), 568-74. 73 Volland G., Hansen D., Zöltzer D., 2007. Dangerous substances in building materials – Emissions from PCB coated ceiling panels – Polychlorinated Biphenyls (PCB) in indoor air. In: Grosse C.U.: Advances in Construction Materials, pp. 691-696. Springer-Verlag Berlin Heidelberg 2007. ISBN-13 978-540-72447-6.

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concentration measurements in indoor air74. The largest proportion of these BDEs occurs in floor dust, but around 20% is emitted into the air in a gas phase or as airborne particles. Emissions have been reported for the flame retardants tris-(2-chloroisopropyl) phosphate (TCPP) and hexabromocyclododecane (HBCDD) from insulating panels made of different materials (polystyrene, polyisocyanourate, polyurethane)75. The HBCDD emissions are extremely low, while TCPP emissions from one panel were several hundred times lower than those from the other material, which was probably due to the material’s composition and structure.

DEHP emissions have been analysed both in experimental tests76, 77 and using mathematical models78, taking into account emissions during a standard procedure and as a function of temperature79, relative air humidity80 and air flow81. The emissions were heavily dependent on temperature, moderately dependent on air renewal cycles and independent of relative air humidity.

A more detailed description of emissions data reported in the scientific literature is provided in the consultant’s report82, with a summary also being provided in Appendix 6.

The Swedish Chemicals Agency has previously investigated the presence of and exposure to phthalates, where the occurrence in construction products turned out to be a significant source of exposure83. Phthalates commonly occur in construction products such as cables, wires, floors, plastic foil and film, tubes, gaskets, wall coverings for wet rooms and coated textiles/fabrics. These products are wholly or partly made of soft, plasticised PVC. Phthalates are also used in chemical products such as paint, sealants, adhesives and coating agents. The phthalates are not chemically bonded to the material, which means that they can be emitted from materials. Constant emissions of phthalates mean that people can be exposed, including through direct contact with the dust, and phthalates can subsequently be absorbed by the body. Foetuses and small children are considered to be a sensitive risk group as young laboratory animals have shown to be more sensitive to phthalates than adult animals.

74 Batterman S.A., Chernyak S., Jia C., Godwin C., Charles S., 2009. Concentrations and emissions of polybrominated diphenyl ethers from U.S. houses and garages. Environmental Science and Technology 43, 2693-2700. 75 Kemmlein S., Hahn O., Jann O., 2003. Emissions of organophosphate and bromine flame retardants from selected consumer products and building materials. Atmospheric Environment 37, 5485-5493. 76 Afshari A., Gunnarsen L., Clausen P.A., Hansen V., 2004. Emission of phthalates from PVC and other materials. Indoor Air 14, 120-128. 77 Clausen P-A., Hansen V., Gunnarsen L., Afshari A., Wolkoff P., 2004. Emission of Di-2-ethylhexyl phthalate from PVC flooring into air and uptake in dust: Emission and sorption experiments in FLEC and CLIMPAQ. Environmental Science and Technology 38, 2531-2537. 78 Clausen P.A., Liu Z., Xu Y., Kofoed-Sorensen V., Little, J.C., 2010. Influence of air flow rate on emission of DEHP from vinyl flooring in the emission cell FLEC: Measurements and CFD simulation. Atmospheric Environment 44, 2760-2766. 79 Clausen P.A., Liu Z., Kofoed-Sorensen V., Little J.C., Wolkoff P., 2012. Influence of temperature on the emission of Di-(2-ethylhexyl)phthalate (DEHP) from PVC flooring in the emission cell FLEC. Environmental Science and Technology 46, 909-915. 80 Clausen P.A., Xu Y., Kofoed-Sørensen V., Little J.C., Wolkoff P., 2007. The influence of humidity on the emission od di-(2-ethylhexyl) phthalate (DEHP) from vinyl flooring in the emission cell “FLEC”. Atmospheric Environment 41, 3217-3224. 81 Clausen P.A., Liu Z., Xu Y., Kofoed-Sorensen V., Little, J.C., 2010. Influence of air flow rate on emission of DEHP from vinyl flooring in the emission cell FLEC: Measurements and CFD simulation. Atmospheric Environment 44, 2760-2766. 82 Swedish Chemicals Agency 2015, PM 9/15, Kartläggning av farliga ämnen i byggprodukter i Sverige (Survey of hazardous substances in construction products in Sweden), IVL 83 Swedish Chemicals Agency 2014, Report 4/15, Phthalates which are toxic for reproduction and endocrine-disrupting – proposals for a phase-out in Sweden

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Phthalates in the indoor environment are an important source of exposure for small children where a considerable contribution is made, above all, by the occurrence of phthalates in dust84. Children have a higher respiratory rate than adults and breathe more air in relation to their body weight than adults. They are often close to the floor and have a habit of putting hands and objects in their mouth. Children have a high intake of dust, estimated at up to 100 mg/kg body weight per day.

Concentrations of phthalates in dust are generally higher in the pre-school environment, up to five times higher than in the home or other public environments. This can be attributed to the desire to have easy-to-clean surfaces in pre-school institutions, which means that PVC materials are often used. Measurements of phthalates in dust from pre-school institutions indicated higher total concentrations in older buildings than in newly built premises and which phthalates were found also differed. One explanation for the higher concentrations in older pre-school institutions may be that there is a higher level of wear and tear.

Based on children’s intake of dust and the phthalate concentrations measured, dust posed for small children a level of exposure to DEHP equivalent to roughly half the limit stipulated for effects which are toxic for reproduction. Dust also made a significant contribution to the presence of DINP, while there was a somewhat lower level of exposure to DIDP, BBP and DBP from dust.

5 Initiative for phasing out hazardous substances in the construction sector

The construction sector has been actively involved with environmental issues since the early 1990s. The Swedish Eco-cycle Bill 1992/93:180 indicated construction products as being a group of articles considered appropriate for producer’s liability. The eco-cycle delegation set up by the Government proposed the introduction of producer’s liability for construction products85. This could happen either by the sector making voluntary commitments or in the form of a binding government ordinance. The sector chose to make a voluntary commitment and, in 1994, the construction sector’s Ecocycle Council was set up. The work of the Ecocycle Council was then formed the basis for the majority of the initiatives described in this chapter. This Ecocycle Council no longer exists nowadays.

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

The Government tasked the Environmental Advisory Council in 1998 with investigating sectors causing a particular environmental impact. Instead of opting for legislation, the decision was made to conduct a dialogue with cutting-edge companies in these sectors and local authorities. Targets and strategies in terms of the environment and energy, which could be reasonably achieved by 2025, were discussed. The final report entitled "Tänk nytt – tänk hållbart” (Think now – think sustainable) was published in 2001. Following this, work got under way on translating the vision and “Building/Living” targets into an agreement and

84 Swedish Chemicals Agency 2013, Report 8/13 “Barns exponering för kemiska ämnen i förskolan” (Children's exposure to hazardous substances in pre-school environment). 85 Miljöansvar för byggvaror inom ett kretsloppstänkande, ett utvidgat producentansvar (Environmental responsibility for building products within a recycling philosophy – extended producer responsibility), Background to the action plan for the Construction sector’s Ecocycle Council, Construction sector’s Ecocycle Council 1995.

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voluntary commitments between the players involved and the Government. The intention was to verify whether voluntary commitments could work as a supplement to legislation and economic incentives in encouraging the sustainability effort. The “Living/Building” dialogue was a channel of cooperation between companies, local authorities and the Government between 2003 and 2009. The aim was to achieve before 2025 a sustainable construction and property sector in three priority areas: a healthy indoor environment, efficient energy consumption and efficient use of resources. The targets relate to reducing energy consumption and switching to renewable energy sources, phasing out substances used in construction which are harmful to the environment and health, and providing clear information about what is incorporated. The volume of waste disposed of was to be reduced, along with the use of gravel. Furthermore, it was intended to create a system for classifying buildings in terms of the impact associated with the building on human health and the environment. The commitments made were to result in the targets being achieved. They were in line with the environmental targets adopted by the Swedish Parliament, but went further than these in some cases.

One important area was hazardous substances. The results that we can see today from the dialogue are the development of BASTA, Building Product Declarations and the Sweden Green Building Council’s Miljöbyggnad system, which all deal with hazardous substances in different ways.

5.2 BASTA BASTA is a non-profit company owned by IVL Swedish Environmental Research Institute and the Swedish Construction Federation. BASTA’s aim is to help achieve the national environmental target of a Non-toxic environment by phasing out chemicals with dangerous characteristics from construction and building products86.

BASTA’s requirements are based on the criteria for Substances of Very High Concern (SVHC) in the REACH Regulation and the CLP criteria. The criteria are also based on the definition of Particurlarly Hazardous Substances in the Non-toxic environment initiative. The BASTA system features two different databases, BETA and BASTA, with different requirement levels. To be registered in the BASTA database, products need to meet the full requirements, unlike the BETA database, which only specifies requirements for Particurlarly Hazardous Substances, known as “phase-out substances”. The system is based on self-declaration whereby the suppliers themselves input their products in it.

To be able to register their products in the BASTA or BETA databases, suppliers first sign an agreement with BASTA whereby they guarantee that the products to be registered meet the BASTA or BETA criteria. Suppliers can then pay an annual fee to have their products registered in the BASTA or BETA database. As a means of quality assurance, BASTA carries out annual audits on a selection of the companies who have registered their products in the system. During an audit the supplier must have access to complete documentation for the contents in the registered products. This means that the documentation for the products is not available in the BASTA system, but it is the commercial name and article numbers which are registered. The system currently contains more than 90,000 articles (approx. 20,000 products87), which meet either BASTA or BETA criteria.

86 http://www.bastaonline.se/om-basta/basta/ 87 Sussi Wetterlin, VD för BASTA Online AB, personal communication.

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It is free to use the databases in BASTA. The larger contractors have implemented methods in their project tools for selecting, first and foremost, products which are registered in BASTA or BETA.

5.3 Byggvarubedömningen (Building product assessment) Byggvarubedömningen (BVB) is a non-profit commercial company which currently has 38 members who comprise numerous major clients and property owners88. BVB was set up by private and public operators who wanted to tackle environmental issues on a wider front and establish a standard for the environmental assessment of construction products.

BVB assesses construction articles based, partly, on contents, but also from a lifecycle perspective, making it therefore broader than BASTA. The articles are judged according to the levels: recommended, accepted or to be avoided. The focus of the assessments is mainly on the chemical content, but lifecycle parameters, such as waste management and VOC emissions, are also weighed up in the assessments made.

BASTA and BVB cooperate on developing criteria for chemical content. In the case of the “accepted” assessment level and for registration in BASTA, the criteria have the same starting point and cover substances including “phase-out substances” and “risk-reduction substances”. Lower concentration limits for characteristic criteria are applied for the ”recommended” BVB assessment level.

Unlike with BASTA, BVB has all the documents directly linked to the system. The material is reviewed when submitted in connection with an application/registration and a public assessment is published on BVB’s website. There has been a total of around 16,000 products/product lines assessed, where a product line can sometimes include more than a hundred unique article numbers. The products are distributed across 2,500 material suppliers.

5.4 SundaHus SundaHus i Linköping AB (referred to as SundaHus in this document) was founded in 1990 and has evolved since then into a general system for assessing articles for the construction and property sector in terms of their health-related and environmental impact, in the case of new and renovated buildings, and their operation.

SundaHus assesses products according to a four-level scale A-D. A and B are the best ratings. C means that the product’s use entails risks, but it can be used if a justification is given for choosing it. D means that there is too little information available to assess the product. SundaHus bases its ratings on89:

· Chemical hazards o Presence of priority risk-reduction substances o Presence of phase-out substances o Presence of other substances harmful to health o Presence of substances hazardous to the environment during the production,

construction or use phase.

88 https://www.byggvarubedomningen.se/medlemsforetag/ 89 http://www.sundahus.se/intressenter/leverantor/#bedomning

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· Danger to health during the production, construction or use phase · Waste management · Contents of renewable materials · Completeness of documentation.

The SundaHus database currently contains more than 90,000 articles and almost 3,200 brands90.

5.5 Sweden Green Building Council (SGBC) The Sweden Green Building Council (SGBC) is a non-profit association which promotes green construction by developing and influencing the sustainability efforts in the construction and property sector91. SGBC awards buildings environmental certification. This allows the building to receive a certificate as proof that it achieves a certain performance level.

SGBC offers the following types of environmental certificate:

· GreenBuilding · Miljöbyggnad · BREEAM · LEED

5.5.1 GreenBuilding GreenBuilding92 is aimed at companies, property owners and administrators who want to improve energy efficiency in their premises. The requirement is for the building to use 25% less energy than before or compared with the new build requirements stipulated in the National Board of Housing, Building and Planning’s Building regulations (BBR).

GreenBuilding does not include any criteria for volatile organic compounds (VOC) in an indoor environment or criteria for the contents of hazardous substances in construction products.

5.5.2 Miljöbyggnad The Miljöbyggnad93 system is the former system used to classify buildings environmentally, which was developed by the construction sector and universities as part of the Building/Living (Bygga-bo) dialogue. The Miljöklassad Byggnad interest group commissioned the system in 2009. In 2011 the system was transferred to the Sweden Green Building Council and its name was changed to Miljöbyggnad. The Miljöbyggnad certificate can be used for both new and existing buildings, regardless of their size. The aim is to create environmentally sustainable buildings. The system includes criteria for 15 different indicators in the areas of energy, indoor environment and materials. The Miljöbyggnad system can award a building a bronze, silver or gold certificate.

The Miljöbyggnad system does not include any criteria for volatile organic compounds (VOC) in an indoor environment, but does feature criteria for the contents of hazardous substances in construction products.

90 http://www.sundahus.se/tjanster/miljodata/ 91 https://www.sgbc.se/in-english-2 92 https://www.sgbc.se/var-verksamhet/greenbuilding 93 https://www.sgbc.se/var-verksamhet/miljoebyggnad

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5.5.3 BREEAM BRE Environmental Assessment Method (BREEAM)94 is an environmental certification system from the UK, developed and administered by the British public institution BRE. BREEAM is one of the oldest environmental certification systems and has been used to certify more than 115,000 buildings worldwide. The system has been revamped in different versions since 1990 and is the most widely used of the international systems operating in Europe. The buildings which can be certified are offices, industrial and commercial buildings.

Sweden Green Building Council has adapted BREEAM to conditions in Sweden. The Swedish version BREEAM-SE has been the version of BREEAM used in the Swedish market since 2013.

BREEAM has developed various types of assessment tools and manuals for different types of buildings. The building’s environmental performance is assessed on a points basis where the following areas have different minimum requirements in terms of project management, the building’s energy consumption, indoor climate (such as ventilation and lighting), water management, waste management, land use and impact on the local environment. Furthermore, the assessment looks at the property’s position in relation to general communication facilities, the choice of building materials, what kind of pollution the building may cause, as well as the building’s innovative technical solutions. The building must achieve at least 30% of the maximum points total to be classified as compliant with BREEAM. The building can be given one of the following ratings: Pass, Good, Very Good, Excellent and Outstanding.

BREEAM includes criteria for volatile organic compounds (VOC) in an indoor environment and criteria for the contents of hazardous substances in construction products.

5.5.4 LEED LEED - Leadership in Energy and Environmental Design95 is a system used in the USA and is very similar to BREEAM. An assessment is carried out within the following areas: local environment, water usage, energy consumption, materials and indoor climate. The various areas contribute different points, up to a maximum of 100. Just like with BREEAM, innovative solutions and regional considerations can earn additional points. LEED has the following levels: Certified, Silver, Gold and Platinum.

LEED includes criteria for volatile organic compounds (VOC), but no criteria for the contents of hazardous substances in construction products.

5.6 Building Product Declarations (BPD) A Building Product Declaration (BPD) is a common format used throughout the Swedish construction sector, designed in terms of how information should be submitted about construction articles’ environmental impact. A BPD provides a collective basis for assessing the article’s environmental impact in various phases of its lifecycle. BPDs often provide the basis for different assessment systems’ choices and priorities in terms of building products. As documentation for in-built articles, the BPD can be used as instructions on how to handle the article from an environmental perspective during the construction phase, while being used and, finally, when it becomes waste. The system was devised by the former Ecocycle Council which served the construction sector and has been in operation for more than 10 years in Sweden as a voluntary system. The system is administered by the Association of Building

94 https://www.sgbc.se/var-verksamhet/breeam 95 https://www.sgbc.se/var-verksamhet/leed

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Product Declarations. The association is supported by industry associations: Byggherrarna (Swedish Construction Clients), Byggmaterialindustrierna (Construction Material Industries), Swedish Property Federation, HSB (cooperative housing association), Swedish Association of Public Housing Companies (SABO), Swedish Federation of Consulting Engineers and Architects and Swedish Construction Federation.

5.7 Nordic Swan criteria for construction products and buildings The Swan is the official Nordic ecolabel, which was established by the Nordic Council of Ministers in 1989. Ecolabelling Sweden AB has overall responsibility for the Swan and EU ecolabels in Sweden. This company is meant to help ensure that Sweden’s general consumer policy objectives are met, i.e. “that consumers have the power and opportunity to make active choices”. The company is fully owned by the State. Its activities are not driven by any profit motive and are funded both by a charge paid by the companies who have been granted ecolabelling licences and by a State contribution.

Both the Swan and EU Ecolabel are independently Type 1 labels, complying with the ISO 14024 standard. This means, for instance, that there is an independent external organisation, the Nordic Ecolabelling Board, which decides on all criteria-related issues. This also means that the Swan applies a lifecycle perspective when developing criteria, and also looks at the whole product’s environmental impact. The requirements are raised during regular audits.

In the construction sector, the Swan has set criteria for building panels since 1992, and has gradually drawn up criteria for the following: flooring, windows, indoor paints and chemical construction products (adhesive, sealant and putty). The Swan has also drawn up criteria for: small houses, apartment blocks, pre-school facilities and other buildings. The criteria include requirement levels for volatile organic compounds (VOC), as well as requirement levels for the contents of hazardous substances.

5.8 Public procurement The National Agency for Public Procurement is a new authority providing support in this area by developing and supplying knowledge, tools and methods for handling public procurement. The Agency’s objective is to develop a good public sector with the focus on sustainable, innovative and effective procurement transactions.

In the construction sector, it sets out criteria for the procurement of apartment blocks96. These criteria are split into basic, advanced and state-of-the-art levels. The criteria include requirement levels for the contents of hazardous substances.

6 Current legislation

6.1 EU legislations

6.1.1 Construction Products Regulation (EU) No 305/2011 Since 1 July 2013, the Construction Products Regulation (EU) No 305/2011 has superseded the previous Construction Products Directive. The aim of the Construction Products Regulation is to promote free trade in construction products by removing technical barriers to

96 http://www.upphandlingsmyndigheten.se/hallbarhet/stall-hallbarhetskrav/kriteriebiblioteket/bygg-och-fastighet/flerbostadshus-nybyggnad/

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trade between Member States. In a nutshell, the Construction Products Regulation stipulates that construction products sold on the internal market should be assessed and described in the same way, regardless of where they are manufactured, and that information about the construction products’ essential characteristics shall be supplied with the product the whole way from manufacturer to user.

A construction product covered by a harmonised standard must have a declaration of performance and be CE-marked when sold. The declaration of performance describes the product’s essential characteristics, while the CE marking is the manufacturer’s certification that the product’s actual performance matches the declared performance. A construction product cannot be CE-marked directly under the regulation, but a harmonised standard is used as a basis for assessing the product.

Chemical information, as stipulated in Article 31 or 33 (depending on the product type) of the REACH Regulation, must be supplied, according to the Construction Products Regulation, along with the declaration of performance.

Harmonised standards within the construction product sector are mandatory The Construction Products Regulation requires construction products to have a declaration of performance and CE marking when they are sold, if they are covered by a harmonised standard (or a European Assessment Document (EAD)). The construction product’s essential characteristics may not be assessed and described in different ways, which means that the use of a harmonised construction product standard is mandatory and not voluntary as in other product areas.

A harmonised standard is being drawn up, based on a mandate from the European Commission. Generally speaking, the Commission has found out which national regulations apply to the relevant product and which essential characteristics the product’s users need to be familiar with to be able to use it. Then, the Commission has assigned the standardisation body CEN a mandate which involves devising methods for determining these product characteristics. When CEN has produced and published the standard, it will be sent to the European Commission, which will announce the standard in the Official Journal of the European Union (OJ). Only when these steps are completed will the standard be given the status of “harmonised”, allowing it to be used as a basis for a declaration of performance and CE marking.

In the case of some product characteristics, the Commission has decided to go for horizontal standardisation so that the same method can be used to determine the same essential characteristics for practically every type of construction product. This is the case with standards for determining emissions of hazardous substances from construction products. The European Commission set up an expert group to gather information about national regulations as a basis for commissioning CEN with the task of devising appropriate methods for determining, for instance, emissions of hazardous substances in indoor air. The forthcoming standard prEN 16516 ha went through the CEN enquiry during 2015 and is expected to be published by CEN in 2016. If the Commission assesses that the standard meets the requirements for being a harmonised standard, it will be announced in the OJ. It will then become part of the mandatory system.

It should be noted that there is a concession for companies included in the system in that they can declare NPD97. This means that if the country where the product is intended to be sold

97 No Performance Determined

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does not have any national regulations stipulating the need to know about a certain essential characteristic, the product manufacturer can then choose to declare NPD for this characteristic instead of testing the product and reporting the test results.

National construction legislation and suitability of construction products The Construction Products Regulation only stipulates a requirement with regard to how the products should be assessed and described when sold. It does not involve any approval of products and does not impose any requirements on the completed building structure. The latter is regulated by each Member State’s national legislation.

Construction products may be used in a construction works only if they are suitable for the intended use (Chapter 8, Section 19 of Swedish Planning and Building Act (PBL)), which means that they need to have the characteristics which will help the construction works meet the requirements in terms of technical characteristics (PBL Chapter 8, Section 4). These technical characteristic requirements are specified by the Swedish Planning and Building Ordinance (PBF), as well as in the National Board of Housing, Building and Planning’s regulations, which specify that materials and construction products used in a building should not in themselves, or through their treatment, have a negative impact on the indoor environment. The client is responsible for selecting appropriate products for his or her project. The rules set out functional requirements for the completed structure rather than at product level.

In the case of construction products subject to requirements for a declaration of performance and CE marking under the Construction Products Regulation, the information contained in the declaration of performance shall be considered to provide a sufficient basis for determining the product’s suitability. This is indicated by the judgment issued by the Court of Justice of the European Union (CJEU) in case C-100/13 where the European Commission questioned Germany’s requirement for a declaration of more product characteristics than those that can be described according to a harmonised standard.

It will be possible to include the characteristic “emission of hazardous substances from construction products” in declarations of performance for relevant products when the standard for assessing this characteristic is ready.

6.1.2 REACH REACH98 is an EU regulation regarding chemicals, which can be used, for instance, to ban or restrict the use of chemical products or articles in different areas of application. The regulation is also used to generate basic information about which chemicals have hazardous properties and to assess the risks associated with them.

REACH stands for Registration, Evaluation, Authorisation and restriction of Chemicals and covers a number of areas as referred to in the abbreviation’s meaning: registering and evaluating chemicals, authorising Substances of Very High Concern (SVHC) and imposing restrictions or bans regarding certain substances.

REACH is supplemented by the CLP Regulation99, which contains rules for classifying, labelling and packaging chemical substances and mixtures. The hazard classification of

98 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning Registration, Evaluation, Authorisation and Restriction of Chemicals. 99 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.

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chemical substances and mixtures provides a foundation for EU chemicals legislation. Some substances have an EU-harmonised classification, in which case they feature in Annex VI of CLP. If this harmonised classification is available, it must be used. In addition, anyone releasing the product on the market must classify it themselves based on given criteria in relevant regulations, i.e. CLP or older regulations being applied during a transition phase. If a substance is classified as being carcinogenic, mutagenic or toxic for reproduction, CMR, in Category 1A or 1B, it will not usually be allowed in chemical substances or mixtures supplied to consumers, in accordance with the restriction regulations in Annex XVII of REACH. It should be noted in particular that the regulation only applies to chemical substances or mixtures.

Authorisation and restrictions According to Article 57, certain substances may be identified as Substances of Very High Concern (SVHC). These substances must be classified as follows: in CMR Category 1A and 1B, as persistent, bioaccumulative and toxic (PBT) or as very persistent and very bioaccumulative (vPvB). Substances which fail to meet these criteria, but for which scientific evidence is still available about the likely impact on the environment or health and which cause a similar degree of concern can be identified as SVHCs. One example specified in the text of the law is substances with endocrine-disrupting characteristics. SVHCs are identified by deciding to record them in a published list of candidates for authorisation (the candidate list). ECHA uses the candidate list to prioritise substances which will be subject to authorisation. These substances are listed in Annex XIV of REACH. The annex specifies a date for each substance by when the authorisation process must be completed, after which the substance is not allowed to be used in the EU without authorisation. The final decision on listing substances in the annex is made by the Commission based on a vote in a regulatory committee.

If an article contains a substance on the candidate list at a level of over 0.1 per cent in weight, according to Article 33, this information must be passed on to commercial users and to consumers. This means that the candidate list has several functions: it lists substances which may be subject to authorisation and it provides the basis for an information system for SVHCs in articles. The candidate list is evolving all the time, which means that new substances are gradually being added to it.

If an unacceptable risk is present, it is possible, under the REACH Regulation, to ban or restrict the manufacture, placing on the market and use of a substance as such in a preparation or article. Such restrictions are included in Annex XVII. The restrictions can be applied to all uses of a substance, including imported articles containing the substance. As a result, the scope of application for the rules on restrictions is broader than for granting authorisation. This activity is coordinated by ECHA, but it requires the authorities in the individual Member States to carry out investigations and draft a proposal which can be revised on a joint basis.

Extensive material is required to include substances in Annex XVII. Information on use, exposure and alternative substances must be compiled for the whole EU. The use which the restriction applies to must entail an unacceptable risk to health or the environment. In addition, reasons must be given as to why action is required at Community level and a socio-economic assessment of the proposed restriction must be carried out.

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

6.2.1 Germany Germany has extensive regulations for construction products. In conjunction with the CE marking procedure under the Construction Products Regulation and other EU legislation, Germany has a national system for testing and labelling construction products. Each federal state has a set of “building regulations” (Landesbauordnung, LBO), but in practice, they are the same regulations which apply to the whole country as laws are mostly identical in all the federal states. The building regulations in the federal state of Baden-Württemberg have been examined in this report.

The main regulation stipulates that construction products should only be used to produce building structures if the products are CE-marked according to EU legislation or are tested and labelled according to national provisions. The national label is a “compliance mark” (Ü-Zeichen).

The legislation differentiates between regulated and unregulated products. Regulated construction products are those considered to be governed by technical regulations issued by the highest building authorities100 in each federal state, along with the Germany’s national building authorities, DIBt101 . Requirements are specified by means of technical rules in “Bauregellisten”102, comprising three lists, A-C. List A, which itself comprises three sections, sets out the national requirements. Section I contains the regulated construction products, which are covered by certain specified technical regulations. Section II contains unregulated construction products which require some form of national approval. Section III contains unregulated construction techniques.

Unregulated construction products must undergo a test procedure so that they can be used. Testing can be carried out in three ways, resulting in national technical approval, a national technical test certificate or approval in individual situations. The main responsibility for testing construction products lies with the national building authority DIBt.

List B, comprising two sections, contains the products due to be CE marked under the Construction Products Regulation (section I) or any other EU regulation (section II), while section C contains products which have less of an influence on requirements under construction legislation. Apart from products CE marked under the Construction Products Regulation and a few other exceptions, construction products must have a compliance mark (Ü-Zeichen) so that they can be used.

In addition to the requirements in the construction legislation, there is a general chemicals ordinance103 which regulates the use of various chemicals. The ordinance’s provisions include limit values for emissions of formaldehyde from wooden panels.

AgBB method Germany has established a committee, AgBB104, whose task is to assess construction products’ health effects. As part of the national system for approving construction products, a

100 Oberste Baurechtsbehörde für Bauprodukte. 101 Deutsches Institut für Bautechnik. This body is appointed by the federal states. 102 Building regulation lists. 103Banned Chemical Ordinance (ChemVerbotsV). 104Committee for Health-related Evaluation of Building Products.

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method for assessing VOC emissions released into indoor air has been developed, known as the AgBB method. The purpose of the method is to promote low-emission products by assessing the emissions in a reliable, objective manner.

German construction products intended for use in an indoor environment must meet the requirements of this method for their use to be permitted. A diagram which explain the method is available in Appendix 4.

Court of Justice of the European Union (CJEU) ruling in case C-100/13 The extent to which German construction product regulations are compatible with EU law has been partly examined by the Court of Justice of the European Union (CJEU). The issue in the case was whether Germany had fulfilled its obligations according to the previous Construction Products Directive. The background to the case was that, apart from the requirements stipulated by harmonised standards, there were requirements under German legislation which needed to be met so that the products would be approved nationally. In the case, the Commission contended that the CJEU would establish that, on this basis, Germany had failed to fulfil its obligations under the Construction Products Directive The Commission claimed that German construction product regulations as a whole conflicted with the Construction Products Directive through the national labelling requirements. However, the CJEU restricted its examination to three different product types.

Germany mainly claimed in the case that there were grounds for having the national requirements as the harmonised standards were judged to be inadequate and that, in such cases, there was scope for additional national requirements. Germany was also of the view that the measures could not be regarded as quantitative import restrictions with an equivalent effect and, even if this had been the case, there were reasons for national restrictions to protect human health.

The CJEU ruled that the Construction Products Directive did not permit Member States to hinder the free movement of goods which met the requirements under the Directive. The fact that a harmonised standard is inadequate does not provide any scope for supplementary national requirements. But, in this case, a Member State is referred instead to the procedure for adopting measures against the standard. The CJEU found that Germany had failed to fulfil its requirements under the Construction Products Directive with regard to the three product types.

In the wake of the ruling, Germany has amended its legislation in this section. However, the Commission’s opinion in the case highlights that it has more objections in principle to the German system. German legislation regarding the construction product area is currently undergoing a review. It can be assumed that further revisions will be made.

6.2.2 France French legislation regarding chemicals in construction products is based on the “Grenelle Environnement” initiative, which roughly corresponds to the environmental objectives in Sweden. The provisions feature in the environmental act and in secondary legislation. The main legislation covers requirements for labelling the following construction products, which are intended to be used wholly or partly in an indoor environment:

- renovation/construction of flooring, walls or ceilings;

- partitions walls and false ceilings;

- insulating products;

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- doors and windows;

- products used to prepare or secure the above-mentioned products.

Products which are not covered are products made completely from untreated glass or untreated metal, such as lock products.

According to the provisions, which came into force in 2012, the level of emissions of a number of VOCs in indoor air must be specified for the products. The products cannot be placed on the market105 unless they are labelled and supplied with information about the VOC emissions from the product when it is incorporated into a building or applied on a surface.

The regulation is purely a market solution, i.e. the labelling requirements are not linked to other requirements concerning the use of certain products.

Products are split into four classes for emission levels: A+, A, B and C, where Class A+ has the lowest emissions (see Appendix 5). The label must indicate which emission class the products belong to. The system has no “bottom level”. In other words, if the emission levels are high or unknown, the lowest class (C) can always be used. There are no requirements for particular standards to be applied during the assessment. On the other hand, there are provisions stipulating that ISO 16000 standard should be used for market surveillance. This has in practice led to the standards still being applied by the manufacturers during labelling. Apart from the labelling requirement, there are also provisions concerning the limit values for four identified substances106, 107. Emission limits for these four substances are set so low that the regulation is tantamount in practice to a ban.

6.2.3 Belgium Belgium has requirements in force regarding restrictions on emissions from construction products since 1 January 2015108. The regulation governs various types of flooring material used in the home environment and different public premises. It also covers products used for laying floors (adhesives etc.) and treating floors. There are some exceptions for flooring material intended to be used in industrial environments, in buildings intended for construction of vehicles and in buildings which people are not frequently staying in.

Products which give off emissions that exceed certain specified levels cannot, as a general rule, be placed on the market or made available (according to the definitions of these terms in CPR). Responsibility for complying with the regulations lies mainly with manufacturers and importers. It is the manufacturer’s duty to ensure that the products comply with the requirements and to produce for each product group an emissions declaration regarding compliance with the specified threshold values. The declaration comprises three sections: ID details, a certificate and specific documentation. The certificate must contain, for instance, details showing how it has been established that the product comply with the requirements and what procedures are available in production to ensure this. The specific documentation must include one or more specified alternatives in terms, for instance, of test reports for the product, documents for similar products from other manufacturers showing that the requirements are met or test reports relating to parts of the relevant product.

105 “Placing on the market” is defined as making a product available with the intention of distributing it on the market as part of a commercial or free activity. Products manufactured directly for construction or products incorporated directly by the manufacturer are not considered as being placed on the market. 106 Order of 28 May 2009. 107 Order of 30 April 2009. 108 Royal decree setting the threshold levels for emissions in an indoor environment from construction products for certain intended uses.

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Importers may only place products on the market which fulfil the requirements and must ensure that the stipulated limits are not exceeded and that there is a declaration of conformity. If the importer has reason to believe that the products do not fulfil the requirements, it must take steps to ensure that the requirements are complied with; otherwise, the products should be recalled.

Distributors who have reason to believe that the products do not fulfil the requirements must take steps to ensure that the requirements are complied with or, otherwise, recall the products.

Market surveillance shall be carried out with analyses based on specified standards.

6.2.4 Regulated substances in Germany, France and Belgium The national legislations in force in Germany, France and Belgium regulate emissions of specific substances from construction products. The legislative approach, and the selection of regulated substances, differs between the countries. When it comes to regulated substances, the provisions in Germany and Belgium have great similarities, while France has opted for a different type of solution. The process for selecting substances in the various countries is described below and is summarised in Table 3.

Germany has restrictions relating to both contents and emissions for construction products, while France and Belgium only have restrictions on emissions. The contents requirement in Germany specifies that no substances which are carcinogenic or mutagenic (substances classified as C or M in Category 1A and 1B109) may occur in construction products for indoor use. However, there is no restriction on contents for construction products in the German system for substances which are toxic for reproduction.

Substances producing effects which are toxic for reproduction do not have emission levels regulated in Germany either, whereas carcinogenic and mutagenic substances may not be emitted in concentrations above 1 µg/m3. Belgium also has an emissions limit of 1 µg/m3 for substances of this kind, but substances which are toxic for reproduction are also included in this. In France, emissions for a very small number of substances which are carcinogenic, mutagenic or toxic for reproduction are restricted. These substances (trichloroethylene, benzene, DEHP and DBP) may only be used if emissions are under 1 µg/m3. However, in practice, with a threshold value of 1 µg/m3 it means that these substances cannot be used under the regulation.

VOC emissions are regulated in all three countries, both at a general emissions level based on limit values for total emissions of volatile organic compounds (TVOC, ≤ 1 000 µg/m3) and at a substance-specific level based on LCI values. From a health perspective, individual values are more important than the TVOC, but the TVOC value can be seen as an indicator since low total emissions of VOCs often correlate with a better indoor environment.

A large number of substances have been evaluated at substance-specific level in the German system and LCI values have been derived. These individual values are used in emissions analyses where a ratio is calculated between the measured emissions of a specific substance and a corresponding substance-specific LCI value. The ratios for all the substances emitted from a construction product are summarised and the total, known as the R-value, cannot be higher than 1110. Belgium has a similar system for calculating a total hazard ratio, but based

109 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, Annex VI. 110 The ratio (R-value) is expressed with one significant digit (R≤1), which means in practice that a total ratio up to 1.49 is acceptable (rounded down to 1).

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on calculated EU-LCI values (see also section 5.1.1). Belgium has also retained emissions limits for three substances (acetaldehyde, toluene and formaldehyde), which had previously been regulated at regional level.

In Germany there is also an emissions limit for VOCs which do not have an LCI value (≤ 100 µg/m3). The purpose of this emissions limit is to offer manufacturers of construction products an incentive to submit information about substances which are emitted and suggest that these substances should be assessed and have an LCI value derived. It is therefore beneficial for companies to have as many substances as possible with LCI values, which provides knowledge about chemicals and facilitates the transfer of information, and also discourages substitution with a harmful substance. The push to submit substance information for assessment also means that the list of substances with LCI values is kept up to date and relevant.

The French system is based on labelling construction products in one of four categories (A+, A, B or C), with the most stringent requirements being set for Category A+, descending in order to Category C, where there are no emissions restrictions at all. In the case of Category A+, the same TVOC limit applies as in Germany and Belgium, but at substance-specific level, there are only provisions on emissions limits for 10 substances (see Appendix 5). The selection of substances is based on substances which are the most common found indoors in France, along with risks linked to inhalation. No hazard ratios are calculated in France.

There is also a total emissions limit for semi-volatile organic compounds (TSVOC ≤ 1 000 µg/m3) from construction products in Germany and Belgium, whereas such substances are not regulated in France. One problem with SVOCs is that there are, to a large extent, no suitable methods for measuring them. This is why the analysis data is often inconsistent and have a large amount of variation (see also section 8.2.4).

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Table 3: Comparison of which substances/parameters are included in the national restrictions in Germany, France and Belgium.

Parameter Germany France Belgium Type Restriction Labellinga Restriction Timeframe for measurement

3d, 28d 28d 28d

R-value (total) ≤1 - ≤1 Number of substances (emissions)

193 10 180

TVOC ≤1000 µg/m3 <1000 µg/m3 (for cat. A+) ≤1000 µg/m3

TSVOC ≤100 µg/m3 - ≤100 µg/m3 CMR 1A/1B (VOC) ≤1 µg/m3 (includes only C&M) -≤1 µg/m3 for

– Trichloroethylene – Benzene – DEHP – DBP

≤1 µg/m3

Substance-specific restriction

Acetaldehyde ≤200 µg/m3

Toluene ≤300 µg/m3

Formaldehyde ≤100 µg/m3

Other restrictions VOC without LCI ≤100 µg/m3

Contents restriction of CM 1A/1B

aIn France labelling of construction products is required, but there are no restrictions on minimum levels. The labelling system has specified emissions levels for different categories/classes (A+, A, B and C) where the lowest class (C) does not entail any restriction on emissions (apart from the 4 CMR substances).

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6.2.5 Legislation and initiatives in the Nordic countries The Swedish government has a general ambition to move towards harmonisation among the construction regulations in Nordic countries. Therefore, we asked the Nordic countries about how they regulate hazardous substances in construction products in order to “protect” the indoor environment, and about whether there is work being done to introduce regulation. The following summary is based on the replies received from the respective building authorities.

Denmark There is a general requirement111 in Denmark contained in a provision on pollution from construction materials, stipulating that construction products must not emit gases, vapours, particles or radiation which can result in an unhealthy indoor environment. The provision also comes with guidelines which refer to a voluntary indoor environment labelling system known as Danish Indoor Climate Labelling112. This determines criteria for the contents of hazardous substances, along with levels of emissions in the indoor environment for VOCs and particles, for instance.

There is also a provision stipulating that construction products containing formaldehyde may not be used if it results in creating an unhealthy indoor environment. Guidelines are provided along with the provision, referring to the WHO’s recommended limits for maximum emissions of 0.1 mg/m3.

There is another provision stipulating that construction products containing asbestos may not be used.

Standards used in the Danish Indoor Climate Labelling system

Information about labelling in Denmark from 2005 refers to the testing methods available in the standards prEN 13419-1, -2 and -3, which were previously numbered as EN ISO 16000-9, -10 and -11.

Norway The Norwegian Environmental Agency regulates the concentration of hazardous substances in the Product Regulations113. It contains threshold values for hazardous substances. The Norwegian Environmental Agency also has a priority list of hazardous substances which will be phased out by 2020114.

The construction regulations contain requirements concerning substances harmful to health and the environment in construction products115. They state that products should be selected for construction, containing either no or low contents of substances harmful to health and the environment. The indoor environment is regulated by a separate chapter which includes provisions on air quality, thermal indoor climate, radiation environment and others. The provisions are intended to prevent damage to health and should be used in conjunction with the requirement to select construction products producing low or no emissions in indoor air.

111 http://bygningsreglementet.dk/br10_05_id94/0/42 112 http://www.teknologisk.dk/ydelser/dansk-indeklima-maerkning/253 113 http://www.miljodirektoratet.no/en/Legislation1/Regulations/Product-Regulations/ 114 http://www.miljodirektoratet.no/no/Tjenester-og-verktoy/Veileder/Substitusjonsplikten/Om-prioritetslisten/ 115 http://dibk.no/no/BYGGEREGLER/Gjeldende-byggeregler/Veiledning-om-tekniske-krav-til-byggverk/?dxp=/dxp/content/tekniskekrav/9/2/

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The construction regulations do not refer to any standard, but the guidelines mention the reference standard NS-EN 15251, with national appendices.

National appendix

Pollution from construction products in the indoor environment must be evaluated and documented when classifying the building. Specific requirements are set out here, which need to be achieved to allow a building to be classed in accordance with this standard. All surface coating products (primers, paints, flooring, wall panels, doors) must achieve the class which the building is to be approved for.

At least 90% of all the products/materials which are exposed to the indoor environment or which can cause emissions in the indoor environment must achieve the class which the building is approved for. Stone, glass, ceramic materials and metal which are not impregnated, varnished or painted can be regarded as producing low emissions without the need to take emissions measurements for the individual product. In the case of other materials/products, the emissions must be documented by an independent laboratory which is accredited for the testing method used. Materials and products are classed according to the requirements indicated in Table 4. Prefabricated materials must be tested 3 and 28 days after finished production. Untreated virgin timber must be able to achieve emissions requirements after 28 days when the timber is used. These exception regulations apply to timber which is untreated.

The national appendix is under review. Table 4: Limits for low-emission1) materials and very low-emission materials, see NS-EN 15251 (Appendix C), and M1 scheme

Substances Emissions factor (mg/m2h) after 28 days

Very low-emission materials

Low-emission materials

Total volatile organic compounds (TVOC)

< 0.1

< 0.2

Carcinogens < 0.002

< 0.005

Formaldehyde (H2CO) < 0.02 < 0.05 Ammonia (NH3) (if relevant)

< 0.01

< 0.03

Odour (rate of dissatisfaction with material’s odour), if relevant

< 10%

< 15%

1) In this case, the term “low-emission materials” is used (the term “low pollution” is used in the standard).

With regard to TVOCs, the Norwegian Institute of Public Health has stopped issuing the previous recommendations on indoor environment quality116 as the reason for establishing a health-based indicator which includes the total of all VOCs is inadequate.

116http://www.fhi.no/dokumenter/468437f8f0.pdf

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Apart from the regulation described above, voluntary systems are used for the indoor environment. The following voluntary systems are used:

- SINTEF environmental assessment117 - Nordic Swan/EU flower labels - ECO-product118 (database containing products which have been assessed) - EPD119 - BREEAM NOR is available for the construction sector120.

The SINTEF environmental assessment focuses on emission of TVOCs from the following products:

· Coverings and roofing products · Adhesives and joints · Putty and sealing products (fire sealant) · Tape (internal use) · Primers, putty products, screed, coating membrane · All types of floor coverings, floorboards, parquet and laminate, including floor adhesive · Painting and varnishing products · Panel materials (wood-based panels, wet-room panels, cement-based panels etc.) · Damp course · Radon membrane (PVC) exposed to indoor air · Weld membrane (PVC) in wet room · Plastic insulation (EPS / XPS, PUR etc.) · Other insulating materials

The assessment includes the limit for chemical pollution for the product in a dry/hardened state and the evaluation is based on self-declarations121. This system has been operating since 2003 and there are no plans to modify it because of the Construction Products Regulation. But the fact that the Commission wants to harmonise classes for VOC emissions will lead to an adjustment. The Commission document will be discussed internally in the future.

Standards used in the SINTEF environmental assessment The environmental assessment is based on the standards in the EN ISO 16000 series with regard to emissions. In the case of adhesives and wood-based panels, products can be assessed by testing formaldehyde according to EN 120, EN 717-1:2004 or EN 717-2:1994. Testing, the calculations for TVOCs and SVOCs and debriefing should be carried out according to PD CEN/TS16516:2013122. Products with the following certification from other countries’ systems are considered as meeting the requirements in the SINTEF environmental assessment: Finnish M1 Emission class for construction materials or the German GEV Emicode EC1 and EC1 Plus.

117 http://www.sintef-norge.com/globalassets/upload/byggforsk/fagartikler/09_2014_miljovurdering.pdf 118http://www.byggtjeneste.no/WPpages/Support/ECOproduct/FAQ%20om%20ECOproduct.aspx?folder=WPpages/Support/ECOproduct/FAQ%20om%20ECOproduct.aspx 119 http://www.epd-norge.no/article.php?articleID=1520&categoryID=678 120 http://ngbc.no/breeam-nor, and http://ngbc.no/sites/default/files/BREEAM-NOR%20Norw%20ver%201.1_0.pdf s.107-110 121 http://www.sintefcertification.no/PortalPage.aspx?pageid=56 122 A harmonised EN standard is expected to be issued during 2016 and will replace sections of the EN ISO 16000 series.

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Finland Finland has a voluntary system for classifying emissions from construction products123. The aim of the classification system is to promote the development and use of low-emission construction products. The classification contains emissions requirements, for instance, for construction materials and dwellings with regard to good air quality indoors. The intention of the M1 system is to promote low emitting construction products and the system has been operating since 1995. The system was completely voluntary at the start, but since 2006, Government decree 591/2006 refers to M1. These regulations are scheduled for an update. The classification splits construction materials into three categories where M1 is the best124. The M1 label which manufacturers put on their product confirms that the product has been tested at an independent, neutral laboratory and has met the specified criteria 4 weeks after manufacture.

Standards used in the M1 system The M1 system has been adapted to comply with TS16516, which conforms with ISO 16000-9, 10, 11, apart from in the case of TVOC values and some load values. Information about the accuracy of the test method is described in the report “Emissions into indoor air" no. N009 (CEN/TC 351/WG 2/TG 22).

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

6.3.1 General information about construction regulations The basic requirements for construction works are specified under Swedish law in Chapter 8 of the Planning and Building Act (2010:900), PBL. These requirements are further developed in Chapter 3 of the Swedish Planning and Building Ordinance (2011:338), PBF. Based on the authority granted in Chapter 10 PBF, the National Board of Housing, Building and Planning announces regulations to help develop further the requirements with regard to building structures stipulated in the law and ordinance. These feature in the National Board of Housing, Building and Planning’s building regulations (2011:6) - regulations and general advice, BBR.

In addition to the authority granted in PBF, which forms the basis for the National Board of Housing, Building and Planning’s regulations regarding requirements for buildings, there is also authorisation granted in PBF for the National Board to announce regulations about the requirements regarded as making a construction product suitable to be incorporated in a building. However, the National Board of Housing, Building and Planning has not yet exercised this authorisation.

The requirements in the BBR are set out as requirements applying to the actual building and its installations. Such items which are permanently attached, e.g. doors, handrails and water valves are considered to be part of the building, but no loose objects, such as furniture and domestic appliances which are not permanently attached.

The BBR contains both regulations and general advice. The regulations, which are binding, are generally set out as technically neutral functional requirements. This means that they specify a particular function which needs to be achieved. On the other hand, they do not indicate which technical solution should be used to achieve the function. It is at the client’s

123 http://m1.rts.fi/en/emission-classification-of-building-materials-836edfcc-8e39-4ec5-abe1-ca2d52f78998 124 http://m1.rts.fi/en/m1-criteria-and-the-use-of-classified-products-2d03887d-aa6a-4a66-ad3c-ce25a512cf38

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discretion to choose which method and which construction products are to be used, provided that the prescribed function is achieved. The general advice, which is not binding on individuals, may, for instance, include examples of what steps should or can be taken to achieve the regulations’ requirements.

The BBR provisions are worded so that they set out requirements for the building’s characteristics and not for individual construction products. However, it is indirectly inferred from the requirements for the buildings as to which construction products can be used. It is up to the client, i.e. to whoever on his own account carrying out or having the building work carried out, based on the characteristics stated in the construction products’ declarations of performance, to choose those construction products which will help fulfil the building structure’s functional requirements.

The requirements stipulated for buildings in PBL, PBF and the BBR apply above all when new buildings are being constructed. New provisions which are introduced does not have to be applied retrospectively to buildings already completed. However, if modifications are made to existing buildings, new regulations may be applicable. But, this is generally only the case with regard to the sections being modified, Chapter 8, Sections 2 and 5 PBL.

The builder is responsible for ensuring that the building which is constructed or modified fulfils the applicable requirements. It is mainly the actual clients who will ensure compliance with the regulations by performing their own inspections. In the case of measures which requires a building permit according to PBL or are subject to notification under PBF, the local buildings committee will monitor, to a certain degree, compliance with the regulations. When a building is completed, the owner is responsible for ensuring the building’s upkeep in order to mainly maintain its layout and technical characteristics, as specified in Chapter 8, Section 14 PBL. Normally, there is no kind of public monitoring to verify that the maintenance obligation is met. However, there are individual exceptions to this principle, such as a regular mandatory functional check on the ventilation system (known as OVK).

6.3.2 Building regulations regarding chemicals in buildings It is stated by law that building structures must have the technical characteristics which are essential for providing protection with regard to hygiene, health and the environment – Chapter 8, Section 4, first paragraph, point 3 of PBL. The requirement is further developed in Chapter 3, Section 9 of PBF, which states that building structures must be designed and constructed in such a way as not to entail an unacceptable risk to the health and safety of the users or neighbours, especially not as a consequence of a number of specifically mentioned pollution sources, such as the presence of hazardous particles or gases in the air, hazardous radiation etc.

In a general provision in Section 6:11 of BBR, it stipulates that materials and construction products used in a building should not in themselves, or through their treatment, have a negative impact on the indoor environment or on the building’s local environment when the functional requirements in the buildings regulations are met. The regulations are supplemented by general advice, along with information that rules for chemical substances and mixtures, as well as for chemicals in articles primarily feature in the EU’s chemicals regulation REACH, and that information about legislation regarding chemicals in articles and products is available from the Swedish Chemicals Agency.

A particular provision in Section 6:911, which applies when buildings are modified, states, among its stipulations, that materials present in the building must not cause pollution in a concentration resulting in a detrimental effect to human health. In a general piece of advice

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supplementing the provision, it is also specified that, when a building is modified, an inventory should be drawn up of the materials present which might result in a detrimental effect to human health or the environment. It is also specified that materials which can have a negative impact on the indoor environment or the building’s local environment should be removed if there are no particular reasons for keeping them, that they can be enclosed or have their impact reduced through the use of appropriate ventilation, and that any remaining hazardous substances should be documented. The building regulations on air and ventilation are also relevant to pollution in indoor air. Section 6:2 and its subsections contain provisions stating that buildings and their installations should be arranged so that they can create conditions conducive to good air quality in rooms where people are present more than on a temporary basis. The air must not contain pollutants in a concentration causing an adverse impact on health or unpleasant odour. Section 6:25 mentions that the ventilation system should be designed so that, for instance, substances harmful to health and decomposition products can be removed if there is no other way to avoid these inconveniences.

6.3.3 Swedish Environmental Code The Swedish Environmental Code (1998:808) contains basic environmental legislation which is aimed at promoting sustainable development. A number of EU directives and decisions have been implemented into the Swedish Environmental Code, along with Swedish regulations. EU regulations relating to the environment are also supplemented with the Code’s provisions, including those on supervision and sanctions.

In Chapter 2 of the Environmental Code there are general rules of consideration, including requirements to be met by persons who pursue activities regarding to knowledge, precautions and choice of less hazardous chemical products and articles. Section 2 requires everyone to acquire the knowledge needed to protect human health and the environment against harm and inconvenience. The precautionary principle appears in Section 3, requiring all persons who pursue activities to take precautions that are necessary in order to prevent, hinder or counteract harm to human health or the environment. Section 4 stipulates a requirement that chemical products and articles which may be at risk of causing harm to human health or the environment must be avoided if less hazardous products can be used instead.

As mentioned earlier, the Swedish Environmental Code implements harmonised product regulations, but also contains national regulations.

Chapter 14 of the Environmental Code contains provisions on chemical products and articles. The chapter contains provisions concerning chemical products, biotechnical organisms and articles which, because of their contents or treatment, have such characteristics that they need to be regulated as chemical products or biotechnical organisms. This chapter also contains provisions about equipment used for handling chemical products and biotechnical organisms. In Section 8 the Government is granted the authorisation to issue regulations. In this regard, the regulations are relevant concerning special conditions required, with a view to protecting health and the environment, for handling, importing and exporting a chemical product, biotechnical organism or article (point 3), as are the prohibition regulations, which are particularly relevant, with a view to protecting health and the environment, for handling, importing and exporting a chemical product, biotechnical organism or article (point 4).

The term “handling” has a broad definition and covers an activity or action which involves a chemical product or biotechnical organism being manufactured, processed, treated, packaged,

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transported, used, disposed of, destroyed, converted, sold, transferred or is subject to any other comparable procedure.

Provisions on the protection of health in dwellings and public premises Chapter 9 of the Swedish Environmental Code contains particular provisions concerning health protection. It stipulates, for instance, that dwellings and premises used for public purposes, for instance schools and pre-school facilities, must be designed to prevent any harm to human health. According to the legislative history for the Code, particular consideration must be given to persons who are slightly more sensitive than normal, such as people with allergies, children and the elderly. The Ordinance concerning environmentally hazardous activities and the protection of public health specifies in greater detail the requirements as to how a dwelling should be designed: “In order to prevent the development of risks to human health, all dwellings shall provide adequate protection against excessive heat, cold, draughts, damp, noise, radon, air pollution and other disturbances of a similar nature”.

Therefore, the provisions on the protection of health in dwellings and public premises are targeted at the level of exposure users are subject to when present on the premises. As, according to the Swedish Environmental Code, whoever provides the dwelling or premises bears the main responsibility for ensuring that the conditions are not harmful to health, the regulations are aimed at exposures related to the building itself or its maintenance. This includes every type of exposure, including emissions from construction products.

Supervision of compliance with the provisions is carried out by the local authority which is meant to focus particular attention on buildings, including dwellings and educational premises.

The Public Health Agency of Sweden provides guidance on supervising compliance with these regulations. The guidance is provided in various forms, including general recommendations, some of which also relates to the presence of chemicals in the indoor environment. For instance, the recommendation given on ventilation (FOHMFS 2014:18) stipulates that the ventilation should be examined in the case of increased concentrations of formaldehyde or other chemicals which are harmful to health. There is also general recommendation given about cleaning in schools, pre-school facilities, and leisure-time centres (FOHMFS 201:19). One of the reasons behind offering this advice is that dust can contain chemicals which can affect the pupils’ health.

Ordinances In addition to Chapter 14, the Government has issued various ordinances, including the Chemical Products (Handling, Import and Export Prohibitions) Ordinance (1998:944) and Chemical Products and Biotechnical Organisms Ordinance (2008:245).

Ordinance 1998:944 (known as the “Prohibition Ordinance”) contains various bans and restrictions on substances, as well as national regulations and EU provisions which have been implemented. This ordinance does not grant any authorisation for any authority to issue regulations imposing further restrictions.

Ordinance 2008:245 includes provisions concerning the Swedish Chemicals Agency’s Product Register and about transfer authorisations for particularly hazardous chemical products. The ordinance also grants a number of authorisations to the Swedish Chemicals Agency and other authorities to issue regulations. Some of the Swedish Chemicals Agency’s

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authorisations may also be used by the National Board of Housing, Building and Planning to issue regulations required to protect the indoor environment.

Regulations General provisions regarding chemicals (i.e. provisions not dealing with pesticides) feature in the Swedish Chemicals Agency’s Chemical Products and Biotechnical Organisms Regulations (KIFS 2008:2). These regulations primarily supplement the ordinances mentioned earlier and include provisions concerning the Product Register, transfer authorisations for particularly hazardous chemicals, exemptions from Sweden’s mercury ban, as well as others.

Sections 19-26 in Chapter 5 contain provisions on formaldehyde emissions from wood-based panels, which is the only Swedish chemicals regulation for construction products. Those manufacturing wood-based panels or importing them into Sweden must ensure that the raw panels do not emit a higher level of formaldehyde than

1. 0.124 mg/m³ in air during testing according to standard SS-EN 717-1:2004, or

2. the value which definitely does not exceed this emissions limit value in a similar standard for carrying out emissions testing on wood-based panels.

Panels which fail to meet the requirements must not be sold commercially, transferred or used. Anyone selling wood-based panels commercially must ensure that the panels meet the requirements and be able to provide evidence of this on request. Anyone manufacturing commercially, importing into Sweden or selling joinery fittings or similar articles, assembled using wood-based panels, must ensure that the panels meet the requirements and be able to provide evidence of this on request.

6.3.4 Supervision/market surveillance Construction products are included as one of several priority areas in both Action plans for a non-toxic everyday environment125 which the Swedish Chemicals Agency was commissioned to produce by the Government. As part of the priorities in the action plans, various supervision projects are being run for different sectors and product groups.

The Swedish Chemicals Agency carried out a supervision project in 2014 with regard to formaldehyde emissions from wooden panels (see the description of the regulation in the previous section).

The Swedish Chemicals Agency has previously carried out supervision (2012) on certain PVC flooring products126. The restriction regulations in Annex XVII to the REACH Regulation restrict the use of cadmium in general in PVC.

Construction products which are chemical products, such as sealants, cement and (certain) adhesives and which are imported into or manufactured in Sweden are registered in the Swedish Chemicals Agency’s Product Register and are included in the Swedish Chemicals Agency’s ongoing supervision of chemical products.

The National Board of Housing, Building and Planning is the supervisory authority for products covered by Construction Products Regulation (8:3 PBF). The National Board of Housing, Building and Planning is also the supervisory authority for non-harmonised

125 Swedish Chemicals Agency 2015, Rapport 1/15, “Handlingsplan för en giftfri vardag 2011-2014 slutredovisning” (Action plan for a toxic-free everyday environment 2011–2014 final report). 126 PVC flooring stuck to a base with adhesive is considered to be a construction product.

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construction products (8:5a PBF). In the case of harmonised construction products, the National Board of Housing, Building and Planning verifies that there is a declaration of performance and that the reported values correspond to reality. The supporting technical documentation is also checked to some extent. In the case of non-harmonised construction products, supervision is carried out on the basis of suitability for use. When it comes to assessing the products’ performance, expertise is called upon, where required, from the National Board of Housing, Building and Planning regarding for example fire or mechanical resistance, and from other expert authorities regarding for example chemical contents.

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

7.1 Starting points for the analysis This assignment is based on investigating whether there is a need to impose proportional national restrictions for hazardous substances in construction products to reduce children’s exposure. The impact assessment must also include an analysis of the impact on trade with other countries. In the following analysis of the need for and opportunities offered by national regulations, we want, therefore, to include the following starting points.

Table 5: Description of starting points for the analysis

Starting point Scope

Child perspective The assessment of risks with chemical substances is based on a child perspective. The child perspective also includes unborn children. In other words, it must not be limited to typical environments where mainly children are present. Workplaces and dwellings in a broad sense are covered by this perspective.

Presence and exposure of hazardous substances from construction products

Contents in and emissions of hazardous substances from construction products. Focus on products which may affect the indoor environment. The substances we are focusing on are mainly Particurlarly Hazardous Substances which are harmful to health according to the Non-toxic environment definitions.

Current measures within the construction sector

Analysis of the effectiveness of existing measures in Sweden, such as legal requirements and voluntary systems.

Other countries’ legislation and the development of regulations within the EU

Lessons from other countries in the EU which have already introduced similar legal requirements. Assessment of effectiveness and of whether it is compatible with general legal requirements at EU level.

Public benefits

Consequences for public health are included in this section of the analysis. A broad review of consequences for the market, including the impact on trade with other countries if a legal requirement were to be introduced in Sweden.

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7.2 Analysis

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

Summary · Particurlarly Hazardous Substances occur in construction products in the EU and Sweden.

A consultant study gives examples of 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 organic 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.

· The derived EU-LCI values are an attempt to harmonise health-based evaluations of emissions from construction products.

· To reduce children’s exposure to hazardous substances indoors, emissions of hazardous substances in the indoor environment need to be regulated.

The survey on hazardous substances in construction products performed by a consultant identified 46 Particurlarly Hazardous Substances used in the EU construction sector. These substances are either raw materials for construction products or used in the processes for manufacturing construction products. The information was compiled based on the following sources: substances harmful to health according to CLP and the SIN List, as well as the Commission’s priority list of endocrine disruptors in combination with registration dossiers under the REACH regulation where the construction sector is specified. As allergens under 100 tonnes do not need to be registered under the REACH regulation before 2018, all the specific applications are not always indicated at the time of registration and imported articles127 do not need to be registered at all, these 46 substances should not be considered to be a complete inventory, but merely an indication that substances harmful to health occur in the construction sector. The real quantity of hazardous substances is unknown and is likely to be significantly larger.

According to the Swedish Chemicals Agency’s Product Register, 27 of the 46 identified substances occur in construction products in Sweden. Based on analyses of the SundaHus and Byggvarubedömningen databases, we found 31 of these 46 substances. It is difficult to quantify the volumes involved in a reliable manner as the information provided by the suppliers varies hugely in terms of concentration range and, in some cases, information about raw materials and the actual contents of the products is mixed up.

Roughly two thirds of the 46 substances can be described as volatile organic compounds (VOC) and are used in the construction sector as raw materials for plastics, adhesives and other products.

127 The following definition is given of an article in Article 3(3) of the REACH regulation: “article: an object which during production is given a special shape, surface or design, which determines its function to a greater degree than does its chemical composition”.

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Emissions data is reported in the scientific literature for a number of VOCs. Of the VOCs which have been identified during the consultant’s study128, i.e. substances with characteristics which are carcinogenic, mutagenic or toxic for reproduction, emissions data has been reported for eight substances.

Although studies have highlighted that VOC emissions can differ between individual submaterials/products and actual material combinations put together, which is what is present in a building, the alternative considered most realistic is to set requirements for emissions from individual construction products. Existing LCI values, both national and EU-LCI, are also derived in order to assess emissions at an individual product level and should not be regarded as limit values for the indoor environment.

Deriving EU-LCI values involves an attempt to harmonise health-based evaluations of emissions from construction products. Values of this kind, regardless of whether they are produced at a national or EU level, are an important component in restricting emissions of substances from construction products. The EU-LCI work is also beneficial to the operators on the market as common EU values make it easier for companies to meet emissions requirements while selling their products in different countries where national legislation is in force. We would achieve the best result if emissions were regulated at EU level, but failing the existence of such regulations, national measures are appropriate. It is helpful if the existing national restrictions are harmonised as far as possible, even though the circumstances may differ in different countries, while also being compatible with existing EU law.

EU-LCI values are health-based reference concentrations for exposure through inhalation, which are used to assess emissions from a construction product after 28 days. EU-LCI values are used in assessing product safety in order to avoid health risks associated with exposure of the public to hazardous substances over a long period. Until now, the task of producing EU-LCI values has focused on volatile organic compounds (VOC) and no systematic review and assessment of very volatile organic compounds (VVOC), semi-volatile organic compounds (SVOC) or specific carcinogenic VOC substances have yet been carried out. This means that if substances of this kind, which do not have an LCI value yet, are going to be handled, they must be handled in a different way (at least to start with) other than using individually set values.

One problem with SVOCs is that there are, to a large extent, no suitable methods for analysing them. This is why the analysis data is often inconsistent and show a large amount of variation. Emissions are however reported for SVOCs in the literature, for instance for different types of flame retardants and plasticisers. VOCs occur in indoor environments in the gas phase, which means that they are present in the air we breathe. SVOCs, on the other hand, may be present in air, but are also found, to large extent, in dust. Studies have shown that substances of this kind can be transferred to dust by means of evaporation, deposits, abrasion of fibres or particles or through transfer on direct contact.

Children are exposed to substances in air and dust to a larger extent than adults. Children have a higher respiratory rate than adults in relation to their body weight and they have a higher intake of dust. Children are often close to the floor and often suck or bite both their own hands and different types of objects.

Phthalates are a group of SVOCs which were analysed more thoroughly as part of a Government commission which the Swedish Chemicals Agency worked on during 2014 on

128 Swedish Chemicals Agency 2015, PM 9/15, Kartläggning av farliga ämnen i byggprodukter i Sverige (Survey of hazardous substances in construction products in Sweden), IVL

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drafting proposals for phasing out in Sweden phthalates which are toxic for reproduction and endocrine-disrupting. The construction sector is the sector which uses the most soft plasticised PVC and, therefore, phthalates in items such as flooring, wall coverings and profiles for doors and windows.

The phthalates are not chemically bonded to the material. Therefore, they can be emitted from materials and be absorbed by the body. Foetuses and small children are considered to be a sensitive subgroup as young laboratory animals have shown to be more sensitive to phthalates than adult animals. Phthalates in the indoor environment are an important source of exposure for small children where a considerable contribution is made, above all, by the occurrence of phthalates in dust129. Concentrations of phthalates in dust are generally higher in the pre-school environment, up to five times higher than in the home or other public environments. This can be attributed to the desire to have easy-to-clean surfaces in pre-school institutions, which means that PVC materials are often used. Analyses of phthalates in dust in a pre-school environment indicated in general the highest occurrence of DINP followed by DEHP and DIDP.

Emissions of hazardous substances from construction products are an important area with regard to environmental health, and there is a need for greater ambition in tackling this area. So far, there is only one regulation concerning emissions of hazardous substances from construction products in Sweden, with regard to formaldehyde emissions from particle board. However, hazardous substances other than formaldehyde can be emitted from construction products, which means that this single regulation is inadequate in terms of protecting human health. Children also have a higher level of exposure than adults to substances in indoor air and dust. To reduce exposure to hazardous chemicals indoors, it is important to regulate emissions of hazardous substances in the indoor environment.

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

Summary · The construction sector has adopted a series of different measures for phasing out

hazardous substances in construction products. There are several assessment systems available, both at construction product and building level.

· The systems are voluntary and are mainly used by the operators who are motivated the most to deal with environmental issues in the construction sector. At present, around 20,000 construction products have been assessed out of a total of around 50,000 products on the market.

· It was suggested by several representatives in the reference group that voluntary systems alone are not sufficient in order to achieve a Non-toxic environment in the construction sector, but that there is also a need for clear and proper regulations. According to the reference group, the regulations should preferably apply at EU level.

The construction sector has adopted a series of different measures for phasing out hazardous substances from construction products, with the key ones being described in Chapter 6. The majority of actions are based on voluntary commitments. The result can be quantified based on reports of how many construction products are covered by the BASTA, Byggvarubedömningen or SundaHus systems and how many buildings have been

129 Swedish Chemicals Agency 2013, Report 8/13 “Barns exponering för kemiska ämnen i förskolan” (Children's exposure to hazardous substances in pre-school environment).

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environmentally certified using the Miljöbyggnad, BREEAM or LEED systems. Both the BASTA and SundaHus systems have more than 90,000 articles, while the Byggvarubedömningen database contains 16,000 articles. The likely explanation for this difference is that the Byggvarubedömningen system indicates products/product series, while BASTA and SundaHus have calculated the number of articles, which may be several versions of the same product. BASTA also specifies at the same time that the 90,000 articles equate to roughly 20,000 different products. The Chemicals bill130 states that there are around 50,000 construction products on the market and, in light of this information, a rough figure of 20,000 assessed products is a realistic, comparable estimate.

A likely contributory reason to the fact that several voluntary systems emerging on the market is that clients need to know how they are going to comply with the construction regulations in the National Board of Housing, Building and Planning’s regulations (BBR). The results are promising and the number of construction products/buildings covered by the systems and meeting the criteria requirements is growing.

However, with the systems available being voluntary, there will be a limit to the level of coverage and the rise in the number of registered construction products/buildings will level out as the most motivated operators join the systems. The voluntary systems produce a new average for the sector in terms of environmental performance when the best operators in the sector will get even better. After a period of time, the other operators in the construction sector will adapt to the new average, resulting in a general shake-up of the whole sector with regard to environmental performance (see Figure 3).

Figure 3: Theoretical illustration of the new distribution of construction products on the market after the best have improved, thereby creating a new average.

The voluntary systems do not reach out yet to the operators who are not motivated to deal with environmental issues. Therefore, there will be a “tail” of products offering a lower environmental performance. It is generally extremely difficult to adopt measures for these operators using voluntary instruments.

As part of the assignment, two reference group meetings have been held with a broad representation of the operators in the sector, and many have suggested that voluntary systems

130 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).

Environmental performance

Number of products

New distribution Old distribution

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alone are not sufficient in order to achieve a Non-toxic environment in the construction sector, but that there is also a need for clear and proper regulations. Several of the operators believe that the need for regulations within the EU is what is required.

Another suggestion which has been made is that existing voluntary systems should stress requirements for the products not to contain harmful substances, but that there are generally no requirements applying to emissions of hazardous substances.

7.2.3 Legal analysis of possible national provisions Summary · The Construction Products Regulation allows national provisions regarding construction

products. · The investigation highlights, in the case of emissions of hazardous substances from

construction products, that Member States have certain scope for adopting national provisions.

· However, the following circumstances must be taken into account when national legislation is developed :

o National labelling requirements should be avoided. o No deviations are allowed from harmonised standards. o The definitions specified in the Construction Products Regulation must be used.

In the Swedish Chemicals Agency’s view, it is obvious that the Construction Products Regulation allows national regulations regarding construction products. The preambels to the regulation indicate that Member States are entitled to establish certain national requirements for construction products even though they act as trade barriers. However, the regulation provides very limited guidance about the extent to which restrictions are permitted and the form they should take. The results which have emerged while the report was being written will lead to subsequent considerations.

Adapting to EU regulations Although the Construction Products Regulation provides scope for national regulations, other regulations in this field must also be taken into account. In the current area, it is mainly the REACH regulation which is being relevant, along with its restrictions on chemicals.

If a substance has been regulated at EU level, this regulation has what is known as a harmonising effect. There are different degrees of harmonisation. Areas which have been exhaustive regulated are considered to be fully harmonised. This means that national regulations cannot apply within the harmonised area131. If there is no EU regulation, the area is described as non-harmonised. In this case, national restrictions may be permitted, but they must comply with the Treaty on the Functioning of the European Union (TFEU). In this regard, primarily Articles 34-36 TFEU are of relevance. The actions must be justified based on certain specified reasons, while also being proportionate and non-discriminatory.

131 The question as to whether a restriction on a certain use of a substance in the REACH regulation totally excludes national restrictions being applied to the substance is a subject for discussion. The Swedish Chemicals Agency believes that this is not the case and has explained this position in Report 4/15, “Phthalates which are toxic for reproduction and endocrine-disrupting – proposals for a phase-out in Sweden”.

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Therefore, a national regulation cannot be created for using a particular substance if there is an equivalent regulation in force at EU level, mainly under the REACH regulation. The conditions should also be the same for substances in construction products.

The question then will be what scope is available to regulate substances in construction products nationally when there is no relevant EU regulation. This is a controversial issue in the chemicals sector where the Commission claims that, first and foremost, EU regulations must be applied. However, several Member States have a different interpretation of this, whereby they are free to adopt national regulations, provided that these regulations comply with the Treaty.

This investigation highlights in particular, in the case of emissions of hazardous substances from construction products, that Member States have scope for adopting national regulations. The CPR does not contain substansive requirements for construction products, but a system for harmonising the procedures for assessing and describing the products’ characteristics. The Construction Products Regulation explicitly states that national requirements are permitted. In the Swedish Chemicals Agency’s view, this indicates that the legislation’s intention is for chemicals in construction products to be primarily regulated at a national level.

Against the background of the European provisions, especially Belgium’s legislation on construction products, which the Commission has approved, it can be assumed that the Commission’s view on the scope for national regulations regarding construction products is somewhat greater than normal in the case of assessments of national restrictions. One circumstance which indicates this view is the Commission’s interpretation132 that it is possible to restrict nationally the use of CE-marked construction products as well, i.e. products not covered by a harmonised standard. It is not usually permitted under EU law to impede the movement of CE-marked goods.

However, the following circumstances must be taken into account when national legislation is developed. :

1. National labelling requirements should be avoided

The Construction Products Regulation is based on the principle that manufacturers and importers must produce declarations of performance which, in turn, are based on harmonised standards. The fact that a product has a correctly produced declaration of performance is certified by CE marking. As there is a harmonised labelling system in place, it is difficult for statutory requirements for labelling construction products which are covered by harmonised standards to be combined with the Construction Products Regulation. This is evident, for instance, in the Commission’s statement made in the case against Germany, which was mentioned earlier on (see section 7.2.1).

However, France’s labelling system has been approved. This labelling system, unlike Germany’s, is not combined with any approval requirement or other requirements of the products. Labelling itself does not exclude any products from the market. In addition, labelling is not a matter covered by a harmonised standard. Therefore, such a solution is possible, but its starting point should be to avoid national labelling requirements. This also means that it is difficult to combine voluntary systems with a relevant labelling system with EU regulations.

132 According to the Commission’s FAQ.

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2. No deviations are allowed from harmonised standards

CE marking and standards are used in the Construction Products Regulation in a way which is different to other EU legislation. CE marking is a concept associated with what is known as the New approach133 and usually certifies that a product complies with substantive requirements contained in an EU legal act. In this case, a harmonised standard is often produced to show how requirements can be fulfilled, but it is not mandatory for manufacturers to use the standard. There are options for indicating that requirements are met in a different way.

Standardisation is used in the Construction Products Regulation in a slightly different way. The standards form the basis for the declarations of performance which indicate the products’ characteristics and are based on national provisions, as well as others. In this case, the standard is mandatory. When the standard has been approved, any new national requirements in the area which the standard applies to must therefore be adapted to the standard in terms of terminology etc. For example, it may involve test methods specified in the standard being able to be applied to the new national requirements. The standards for construction products have therefore a more normative function than what is usually the case and are the harmonising element in the Construction Products Regulation.

3. The definitions specified in the Construction Products Regulation must be used

As the regulation’s text does not specify exactly what scope is available for national regulations, it is vital that the regulation’s definitions are applied precisely. For instance, a construction product is defined in the regulation as follows: “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”.

The definition contains important requirements which must be fulfilled so that the national regulation will keep within the scope of the regulation. Similarly, other terms used in national legislation must be worded according to the regulation’s system and its definitions must be used.

7.2.4 Substances that should be restricted Summary · Using EU-LCI values means using health-based reference concentrations which are derived

on a scientific basis with a view to promote standard assessments throughout the EU of emissions of volatile organic compounds (VOC) from construction products.

· The VOC standard, which is expected to be adopted as a harmonised standard, is a natural starting point for selecting substances which should be regulated.

· With regard to regulating semi-volatile organic compounds (SVOC) with particularly hazardous characteristics, different starting points can be used:

o substance-specific regulation based on LCI values for SVOCs with CMR characteristics;

o restriction on all SVOCs with CMR characteristics.

133 The “New approach” means, in a nutshell, that detailed technical requirements are avoided in the product directives in favour of essential health-related and safety requirements and references to standards. A product which has been manufactured according to a harmonised standard is assumed to fulfil the essential requirements in the relevant directive. The New approach was supplemented in 1993 by the introduction of a holistic method for assessing compliance. This method includes harmonised methods for testing, certification and CE marking. Manufacturers were given greater responsibility and options for indicating how the product fulfils the essential requirements.

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The 46 substances identified in the consultant’s study do not provide an exhaustive inventory of harmful substances in the construction sector, but the results from the consultant’s study and can be regarded as known examples. Therefore, national regulations should also include other substances which have been identified as relevant in the analysis of emissions from construction products and which have an impact on health. However, it is interesting to note that 32 of the 46 substances are regulated in Germany, France or Belgium, see Table 6. Table 6: Substances identified in national legislation from the 46 chemicals harmful to health in the consultant’s study, which are used in the EU construction sector.

Identified substances (CAS/ Name) DE FR BE Identified substances (CAS/ Name) DE FR BE 110-71-4 1,2-Dimethoxyethane x

x 108-95-2 Phenol x x

106-46-7 1,4-Dichlorobenzene

x x 50-00-0 Formaldehyde x x x

123-91-1 1,4-Dioxane x

x 98-01-1 Furfural x x 111-96-6 Diethylene glycol dimethyl ether x

x 111-30-8 Glutardialdehyde (1,5-

Pentanedial) x x 2210-79-9 2,3-Epoxypropyl o-tolyl ether

25637-99-4 Hexabromocyclododecane

128-37-0 Butylated Hydroxy Toluene (BHT) x

x 63449-39-8 Chloroparaffin

96-29-7 2-Butanonoxime x

x 85535-85-9 Chloroparaffins, C14-17 110-80-5 2-Ethoxyethanol x

x 91-20-3 Naphthalene x x

111-15-9 2-Ethoxyethyl acetate x

x 2687-91-4 N-Ethyl-2-pyrrolidone x 149-57-5 2-Ethylhexanoic acid x

x 110-54-3 n-Hexane x x

70657-70-4 2-Methoxypropyl acetate x

x 872-50-4 N-Methyl-2-pyrrolidone x x 1589-47-5 2-Methoxy-1-propanol x

x 556-67-2 Octamethylcyclotetrasiloxane x x

109-86-4 2-Methoxyethanol x

x 100-42-5 Styrene x x x 110-49-6 2-Methoxyethyl acetate x

x 79-94-7 Tetrabromobisphenol A

75-07-0 Acetaldehyde x x x 109-99-9 Tetrahydrofuran x x 79-06-1 Acrylamide

127-18-4 Tetrachloroethylene x x

107-13-1 Acrylonitrile

56-23-5 Tetrachloromethane x 1163-19-5 Decabromodiphenyl ether

108-88-3 Toluene x x x

80-05-7 Bisphenol A

126-73-8 Tributyl phosphate x 77-58-7 Dibutyltin dilaurate

112-49-2 Triethylene glycol dimethyl ether x x

28553-12-0 Diisononyl phthalate

5064-31-3 Trisodium nitrilotriacetate 68-12-2 Dimethylformamide x

x 115-96-8 Tris(2-chloroethyl) phosphate

75-21-8 Ethylene oxide

108-05-4 Vinyl acetate x The VOC standard134, which is expected to be adopted as a harmonised standard, is a natural starting point for selecting substances which should be regulated. The list of VOCs included in the standard is listed in Appendix 8. The standardisation drafts standards for essential characteristics which are regulated in the respective Member State’s legislation. The current VOC standard covers the substances which are regulated in German, French and Belgian legislation, apart from formaldehyde and acetaldehyde. These substances are more suitable to be analysed using a VVOC method.

Using EU-LCI values means using health-based reference concentrations which are derived on a scientific basis with a view to promote standard assessments throughout the EU of emissions of volatile organic compounds (VOC) from construction products. It is more realistic to look at emissions of substances as the contents in a product do not always represent a risk in the indoor environment.

134 prEN 16516 Construction products - Assessment of release of dangerous substances - Determination of emissions into indoor air

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One benefit of using EU-LCI values, both for individual substances and for a total hazard ratio (sum of the individual ratios between the measured concentration for individual substances and the substance’s EU-LCI value), is that all the substances which have been assessed and where a value has been derived can be taken into consideration. This means that when the list of substances with LCI values is updated, the substances which need to be measured and included in the total hazard ratio will also be updated. It is also important to have the possibility of keeping the list of LCI values up to date, both with regard to the types of substances and how many substances are included, along with their respective EU-LCI values. New information may emerge, such as data arising via the implementation of the REACH regulation or through national activities. The EU-LCI concept cannot be used for substances where there is a lack of information about health effects or reliable measurement methods are still not available. Germany has included substances which do not have an LCI value by providing a separate emissions limit for these substances.

VOC emissions are regulated in the three countries which have national restrictions (Germany, France and Belgium), both at a general emissions level based on limit values for total emissions of volatile organic compounds (TVOC, ≤ 1 000 µg/m3) and at a substance-specific level based on LCI values. From a health perspective, individual readings are more important than the TVOC, but the TVOC value can be seen as an indicator since low total emissions of VOCs often, but not always, correlate with a better indoor environment. A value for total emissions of VOCs can help provide information about increased emissions to supplement the health-based assessment of emissions of individual substances (EU-LCI values) and a restriction on substances which are carcinogenic, mutagenic or toxic for reproduction.

The total hazard ratio, known as the R-value, is the sum of the individual ratios between the measured concentration and an LCI value, irrespective of the type of effect caused by the individual substances. At present, there is not sufficient knowledge available to produce effect-specific hazard ratios, but ratios can be viewed as a practical tool for providing a comprehensive look at the total emissions (of substances which have been assessed) from a construction product. Assessing and dealing with combination effects is an area which has been highlighted as a priority, including as part of Sweden’s environmental quality objective Non-toxic environment, which means that the format and use of the hazard ratio may need to be reassessed if new knowledge comes to light.

It may also be necessary to consider additional restrictions, as a suplement to the total hazard ratio, which is a weighted hazard ratio for all substances which have an LCI value and are emitted from a specific construction product. As the hazard ratio (R-value) is expressed with one significant digit (R≤1), this means in practice that a total ratio up to 1.49 is acceptable since the ratio is still rounded down to 1. However, the emission level for each individual substance should not exceed the relevant limit set. Therefore, it may be appropriate for individual ratios to be included where the individual ratio should be expressed with two significant digits (R≤1.0). This means in practice that each single substance’s ratio cannot exceed 1.049.

No additional assessment is required for substances classified as carcinogenic, mutagenic or toxic for reproduction, as the use of these substances should be avoided as far as possible in consumer products and articles. Consequently, it is appropriate to specifically restrict substances of this type, regardless of whether they have individual LCI values or not. EU-LCI

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values have still not yet been derived systematically for carcinogens. The CMR substances which are volatile can be measured using the forthcoming standard for measuring VOCs135.

It is important to be able to update the restriction when necessary, for instance when new information comes to light. One example is provided by endocrine disruptors, where criteria have not yet been established to specify when a substance can be regarded as endocrine-disrupting. When these criteria are available, substances which meet the criteria may need to be included in the restriction.

With regard to regulating semi-volatile organic compounds (SVOC) of high concern, different starting points can be used. SVOCs have different inherent physical/chemical characteristics to VOCs, which means that they have a different emissions pattern to that for VOCs. These characteristics also mean that SVOCs are distributed in a different way between air and dust to VOCs, which makes SVOCs more difficult to measure. If air and dust samples are combined, this gives a more realistic picture of the level of exposure. A generally low concentration limit should be set if sampling is only carried out from the air phase.

One possible restriction is provided by substance-specific regulation based on LCI values for SVOCs with CMR characteristics. The problem with this type of regulation is that it requires a list of the substances included in the restriction. In this case, a format is required which facilitates ongoing updates, such as the EU-LCI list, which also requires a continual process for assessing substances. Another possibility is to restrict all SVOCs with CMR characteristics.

Phthalates have previously been identified as problem substances to which children can be exposed via dust, with construction products such as flooring having been identified as a source. Phthalates which have been classified as toxic for reproduction, such as DEHP, could be covered by a restriction, regardless of whether the format of the restriction was based on a substance-specific regulation or that all SVOCs with CMR characteristics were used as a basis for the restriction.

7.3 Considerations and proposals Selection of legal instrument · Planning and building legislation in Sweden provides an established system for setting

requirements for building structures. The Swedish Chemicals Agency believes that a new regulation concerning chemicals in construction products should aim to remove unsuitable products from the market. To have an impact, the requirements will then have to be set for the products as such, and preferably be applicable when the products are placed on the market.

· However, introducing such regulations as part of the Planning and Building Act would be a deviation from the established model used to set requirements for the actual building structure. The Swedish Chemicals Agency therefore proposes new provisions under Chapter 14 of the Swedish Environmental Code.

Products covered · The products which mainly affect the indoor environment are products used to produce

flooring, walls and ceilings, and which cover a large surface of the indoor environment. A selection has been created of the 450 harmonised standards available for construction products and which can affect the indoor environment. They should be included along with other relevant construction products not covered by harmonised construction product standards.

135 prEN 16516 Construction products - Assessment of release of dangerous substances - Determination of emissions into indoor air

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Substances covered · VOCs are restricted at an individual level by using substance-specific EU-LCI values and

hazard ratios. If there are no EU-LCI values available, LCI values from the German AgBB system are used. A total hazard ratio for all substances with an EU-LCI value should be included.

· CMR substances are restricted. In the case of VOCs, this should be done by imposing a total restriction on all VOCs with characteristics of this kind.

· With regard to regulating semi-volatile organic compounds (SVOC) of high concern, different starting points can be used:

o substance-specific regulation based on LCI values for SVOCs with CMR characteristics;

o restriction on all SVOCs with CMR characteristics.

Testing and documentation requirements · As a decision is expected on a harmonised VOC standard, it is only reasonable that testing

according to that method must be mandatory for the products covered by the proposed provision.

Market surveillance/Supervision · According to our proposal for a new Swedish ordinance concerning the chemical emission

of harmful substances from construction products, the Swedish Chemicals Agency will be given authorisation to draw up regulations containing limit values.

7.3.1 Selection of legal instrument When selecting a suitable national legal instrument for new requirements on construction products, two options are mainly relevant: planning and building legislation and the Swedish Environmental Code. The main features of both regulations have been described in section 7.3. The following considerations have been made.

The Swedish Planning and Building Act and the statutes based on it have a specific system for setting requirements for building structures. The regulations stipulate requirements concerning a function or characteristic which the building must have. The client then often has various options for fulfilling the requirements. Requirements for the construction products are set indirectly via the requirements for the building structure. The regulations contain fairly widely held requirements for the indoor environment, which means that it may be difficult for the individual client to establish which construction products in themselves are unsuitable.

The Swedish Chemicals Agency believes that new requirements concerning chemicals in construction products should aim to remove unsuitable products from the market. For the requirements to have an impact, requirements will then have to be set for the products as such, preferably when the products are placed on the market.

The method used to set requirements for products when they are placed on the market is also the normal procedure in the chemicals legislation. It facilitates a clear regulation of requirements for different products and of which market operators are responsible for fulfilling the requirements. It will also be possible to carry out effective supervision in the marketing stage.

It is certainly possible to introduce such regulations as part of the Planning and Building Act, but it would be a deviation from the established model used to set requirements for the actual building structure. It is more resource-efficient to build further on the established chemicals

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regulation. Therefore, the Swedish Chemicals Agency proposes that a regulation should be drawn up for chemicals in construction products under Chapter 14 of the Swedish Environmental Code.

One argument against this plan is that it will make the legislation more difficult to understand if provisions concerning the contents of chemicals feature in a regulation other than building legislation. However, the Swedish Chemicals Agency believes that it can be resolved through using references in the building regulations, in the same way as is done at the moment.

The Swedish Chemicals Agency therefore proposes a new regulation at ordinance and regulation level, under the Swedish Environmental Code. The ordinance should contain the framework for regulating which products are covered and which substances are regulated, and which authority is responsible for market surveillance and sanctions. Explanatory provisions may be best adopted by the Swedish Chemicals Agency. A completely new ordinance under Chapter 14 of the Swedish Environmental Code is appropriate for the sake of clarity as the proposed regulation is extensive and mainly deals with an area which has not been regulated before. This will help achieve a clear, coherent regulation. This is important in the context as the provisions must supplement the provisions in the construction legislation and relevant operators must familiarise themselves with two major regulations.

As the proposed regulation is worded as a ban on construction products made available in certain cases, there is a particularly good reason to pay attention to Article 8(4) in the EU Construction Products Regulation. It stipulates that a Member State must not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of construction products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State. If it relates to construction products within the harmonised product area, there is a risk of the proposed regulation conflicting with the Construction Products Regulation as what is being proposed is a ban on making available a product which is not banned from use. To make such a regulation possible, the Swedish regulation could be supplemented by a provision which means that construction products cannot be used in buildings if they emit substances which are at variance with the limit values from the proposed ordinance and the Swedish Chemicals Agency’s regulations. Such a provision could be worded as a requirement on buildings and introduced into the National Board of Housing, Building and Planning’s regulations, with the support of the Swedish Planning and Building Ordinance.

7.3.2 Products covered According to the Construction Products Regulation’s definition, the term covers products categorised by the chemicals legislation as chemical products (substances and mixtures) or articles. An article means an object which during production is given a special shape, surface or design, which determines its function to a greater degree than does its chemical composition136.

As already mentioned in section 8.2.3, national provisions concerning construction products cannot regulate a product which is regulated under other harmonised EU legislation. In the chemicals sector, mainly provisions on chemical products are involved. One example which can be mentioned is the REACH regulation’s Annex XVII, which contains several restrictions on chemical products which can be used in construction products. This mainly concerns points 28-30, which contain restrictions on placing on the market and using CMR-classified

136 Chapter 14 Section 2 of the Swedish Environmental Code. A similar definition features in the REACH Regulation (EC) No 1907/2006.

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substances as constituents in other substances or in mixtures (applies to their sale to the public). Point 48 contains a restriction on the use of toluene in adhesives and spray paints.

Provisions concerning VOC content in paints and varnishes appear in the VOC Directive137. Products which come under the directive are only allowed to contain limited quantities of VOCs so that they can be placed on the market.

Therefore, the Swedish Chemicals Agency believes that the risks from construction products in the form of chemical products has already been handled to a certain extent at EU level, whereas there are, on the whole, no regulations concerning chemicals in construction products in the form of articles. Consequently, it may be regarded as more of a priority to have a national regulation dealing with the risks posed by articles. There may certainly be various chemical products containing unregulated substances, where there is a need for more stringent regulation, but there is currently no material available to analyse this need in detail. Therefore, the proposal is limited to covering construction products which are articles under the definition stipulated by the chemicals legislation.

The regulation focuses on the products which can affect the indoor environment. The products which mainly affect the indoor environment are products used to produce flooring, walls and ceilings, and which cover a large surface of the indoor environment. In Germany and Belgium, the material which had originally been produced by the European Commission’s research directorate – the Joint Research Centre (JRC) – on emissions from construction products was used as a basis for their regulations. The product group documented in that JRC report is flooring materials138. Later on, a report was compiled in Belgium describing emissions from walls and ceilings139. A more detailed description of this is provided in Chapter 5.

A starting point in defining which products should be covered is to look at which of the 450 or so harmonised product standards which operate in the construction product sector cover products which can affect the indoor environment. A review produced the following list:

M101 Doors, windows, shutters, gates and related building hardware Standards for fittings and locks, as well as for front doors and external sun protection can be excluded as they do not belong to the flooring, wall and ceiling categories. The identified relevant standards in this category are: EN 14351-1 Windows and doors

M113 Wood-based panels and elements There is only one standard under the mandate: EN 13986 Wood-based panels

M119 Floorings Flooring products made of concrete, brick, ceramics and stone can be excluded as they

137 Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 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 and amending Directive 1999/13/EC. 138 ECA (European Collaborative Action “Indoor Air Quality and Its Impact on Man”), Evaluation of VOC Emissions from Building Products – Solid Flooring Materials, Report No 18, Institute for Health and Consumer Protection, Ispra, Italy 1997. 139 WP 3 & 4: Emissions from wall and ceiling materials: assessing the feasibility of extending the Belgian Royal Decree (8th May 2014) on maximum emission levels from construction products., Katleen De Brouwere, Marc Lor, Study accomplished under the authority of Federal Public Service of Public Health, March 2015.

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probably do not cause significant emissions140. The identified relevant standards in this category are: EN 14041 Resilient, textile and laminate flooring EN 14342 Wood flooring EN 14904 Sports floors – indoor surfaces intended for different sports

M121 Internal and external surface layer on walls and ceilings, building kits for internal partition walls Outdoor products such as roof tiles, as well as metal, stone and concrete can be excluded as they do not belong to the flooring, wall and ceiling categories. The identified relevant standards in this category are: EN 13964 Suspended ceilings EN 14716 Stretched ceilings EN 14915 Solid wood panelling EN 15102 Decorative wall coverings EN 438-7 High-pressure decorative laminates (HPL) for internal and external wall and ceiling finishes. EN 1013 Light transmitting profiled plastic sheeting for roof covering and wall cladding EN 13245-2 PVC-U profiles and PVC-UE profiles for internal and external wall and ceiling finishes.

Apart from construction products covered by harmonised standards as indicated above, there are also other construction products which are relevant and should be regulated in terms of emissions released in the indoor environment. Examples of these construction products are internal doors, certain types of insulating material and other products. The proposed regulation in this report also covers these products.

7.3.3 Substances covered Volatile organic compounds (VOC) should be covered by a restriction with regard to emissions from construction products. The substances should be restricted at an individual level by using substance-specific EU-LCI values and hazard ratios. A total hazard ratio for all substances with an EU-LCI value should be included. To supplement the substance-specific, health-based restriction on VOCs, a total permitted emission level of VOCs can be used as an indicator.

If there are no EU-LCI values available, LCI values derived by the AgBB system in Germany are used. A list of all the LCI values derived for VOCs is present in Appendix 8.

Substances which are carcinogenic, mutagenic or toxic for reproduction should be restricted. In the case of VOCs, this should be done by imposing a total restriction on all VOCs with characteristics of this kind. In the case of semi-volatile organic compounds (SVOC), a restriction may be considered, based on substance-specific LCI values or a total restriction of all SVOCs emitted, in the same way as for VOCs. The latter option seems to be the easiest and most effective way to achieve a uniform restriction on SVOCs with CMR characteristics.

140 Products which are made 100% from natural stone, ceramic material, glass and steel are exempted under Belgian legislation. http://pt.eurofins.com/information/compliance-with-law/european-national-legislation/belgian-regulation-on-voc-emissions.aspx

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7.3.4 Testing and documentation requirements According to the principles set out in the Construction Products Regulation, a construction product covered by a harmonised construction product standard must have a declaration of performance and be CE-marked before it is placed on the market. The harmonised standard describes methods for assessing and describing a number of essential characteristics. These essential characteristics must be described in the declaration of performance, which also applies to hazardous substances if methods feature in the standard.

However, the Government’s statutory proposal also relates to products which are not covered by a harmonised construction product standard. For these products it is possible to have national requirements, for instance, for documentation. Therefore, the Swedish Chemicals Agency proposes the introduction of national provisions for drafting documentation for these products. Documentation requirements should conform to those for harmonised products. It is also being proposed that the standard for measuring emissions which will probably be approved should be used for all construction products covered by the proposal.

7.3.5 Market surveillance/Supervision The proposal entails a new ordinance under Chapter 14 of the Swedish Environmental Code. The responsibility for the supervision of the Swedish Environmental Code and ordinances announced in addition to the Code is specified in the Swedish Environmental Supervision Ordinance (2011:13). The Swedish Chemicals Agency’s responsibility is stipulated in Chapter 2 Section 21, which states that the Agency’s responsibilities include the monitoring of Chapter 14 of the Swedish Environmental Code and certain specified EU regulations with regard to primary suppliers placing chemical products and biotechnical organisms on the market and placing articles on the market.

As the proposal covers construction products, the National Board of Housing, Building and Planning’s responsibility for supervising construction products is also relevant. According to Chapter 8, Section 3 of the Swedish Planning and Building Ordinance (2011:338), in its capacity as market surveillance authority, the National Board of Housing, Building and Planning must, according to Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, exercise market surveillance of construction products covered by the Construction Products Regulation, among other regulations. With regard to construction products not covered by Regulation (EU) No 305/2011, the National Board of Housing, Building and Planning is responsible, according to Section 5a of the same chapter, for monitoring compliance with the provisions on requirements concerning construction products’ suitability, stipulated in Chapter 8 Section 19 of the Swedish Planning and Building Act (2010:900) and in regulations announced in connection with this act.

8 Impact assessment

8.1 Issues and setting objectives The Swedish Chemicals Agency received in the appropriation directions for 2015 an assignment which involved investigating whether proportionate national restrictions need to be set for hazardous substances in construction products to reduce children’s level of exposure. The survey conducted into hazardous substances in construction products and the

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comprehensive risk assessment presented in earlier sections indicate that tighter control is required in Sweden with regard to emissions in the indoor environment. Furthermore, the review of current legislation shows that other EU countries, such as Germany, France and Belgium, have already introduced various types of regulations.

A number of of conceivable alternative courses of actions are analysed in previous chapters. The analysis takes into account particular criteria (the child perspective, occurrence and exposure of hazardous chemicals from construction products, as well as the general criterion of benefit to society). Initiatives currently being deployed in the construction sector, as well as legislation in other countries and the development of rules within the EU are factors which affect the preconditions for various policy options, and these factors have been considered in the analysis. One crucial factor is the legal preconditions and opportunities which various policy options offer. A summary of considerations and proposals is given in section 8.3, with one main policy option being designated as the most worthwhile to investigate further. This policy option is examined in more detail in the impact assessment. A comparison is made on a general level with regards to alterantive ways of achieving our objectives.

We will apply a framework consisiting of certain criteria in order to evaluate and assess the alterantive courses of action that are brought forward from previous sections of the report. The assignment which the Government tasked the Swedish Chemicals Agency with, along with the conclusions drawn from the previous chapters provide a basis for setting objectives and assessment criteria. The impact assessment mainly focuses on the following objectives and criteria when evaluating different policy options:

Table 7: Objectives and criteria used when evaluating different policy options in the impact assessment

Objective Specific objectives and criteria Comments

A. To reduce the exposure of children to hazardous substances from construction products. The child perspective also includes unborn children. In other words, it must not be limited to typical environments where mainly children are present. Workplaces and dwellings in a broad sense are covered by this perspective.

To tackle the contents in and emissions of hazardous chemicals from construction products, focusing on:

1. Products which may affect the indoor environment.

2. Particurlarly Hazardous Substances which are harmful to health according to the Toxic-free environment definitions.

These objectives and criteria are discussed and analysed in earlier sections of the report. A proposed regulation is outlined in section 8.3, which is considered to be capable of meeting the objectives. In the impact assessment we describe what the problems are in the reference alternative and what impact we can expect from the various policy options.

B. To ensure that proposed measures and/or rules will be proportionate and not pose a significant obstacle to competition or trade.

To ensure that the proposals entail:

1. Reasonable burdens for companies in the form of administration and tests on hazardous substances

2. Good conditions for effective supervision

3. Small or no negative impact on trade within the

These objectives and criteria are the focus of the impact assessment, supplementing the analyses presented earlier on in the report.

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EU

4. Small or no negative impact on the competitive situation within the construction sector

5. Good conditions for innovation.

8.2 Policy options This section will describe, to some extent, a reference alternative, i.e. how issues are expected, according to our survey, to develop over time and which factors may affect that development. This is followed by a description of the main policy options which are the focus of the impact assessment. The emphasis in the impact assessment is on the main option which is presented, after analysis, in section 8.3. Two other alternative ways of designing the regulation are also discussed in the impact assessment. A comparison is also made on the basis of the criteria above, with particular emphasis on criteria B.1-4.

8.2.1 Description of the reference alternative

Occurrence of hazardous substances in construction products and emissions in the indoor environment The survey conducted as part of this assignment highlights that hazardous substances can occur in construction products placed on the market, including in Sweden. It has been shown that some of these substances are capable of releasing emissions into indoor air. The substances capable of being emitted include VOCs and SVOCs, some of which are classified as CMR. These substances have been flagged as being suitable for restriction in the previous analysis.

We have not found material for assessing what proportion of the various construction products contains different hazardous substances or how frequently emissions occur in the indoor environment. Therefore, we cannot comment on any trends relating to this issue.

Existing and future rules which may affect the occurrence of hazardous substances and emissions from construction products in Sweden There are currently no rules applicable to construction products sold on the Swedish market regarding restrictions of hazardous substances. However, one exception to this is formaldehyde in particle boards, which has been regulated under Swedish Chemicals Agency regulations (2008:2). There are no new rules planned or adopted with regard to hazardous substances in construction products in Sweden. The overarching regulation applicable in this area is the EU Construction Products Regulation, which covers articles that have been manufactured in Sweden as well as imported products. The EU Construction Products Regulation does not stipulate any requirements in terms of product characteristics, but only states how construction products’ characteristics should be assessed and described when the products are placed on the market. Product requirements are generally stipulated instead at national level. Requirements of this kind have not yet been introduced in Sweden for emissions of chemical substances.

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Some EU countries have introduced emission limits for chemicals in construction products (see section 7.2). The policy development which has taken place and is still in progress in some respects in France, Germany and Belgium may be relevant to construction products on the Swedish market. The trade in construction products is significant in the EU, with products also being imported from countries outside the EU. The survey conducted by IVL, which was commissioned by us, indicates that the net supply141 to the Swedish market is substantially made up of imports. Table 8 below gives a general estimate for net supply and share of imports, broken down according to the categories of construction products examined by IVL.

Table 8: Net supply of construction products during the period 2000-2013 (tonne/year) and the ratio between imports and net supply rounded to two significant digits142

Construction product Net supply

(tonne/year)

Domestic production

(tonne/year)

Import

(tonne/year)

Ratio

Import/net supply

Plaster and mortar 5,700,000 5,800,000 130,000 0.02

Panel materials 2,800,000 2,200,000 870,000 0.30

Wooden panels 2,400,000 1,800,000 670,000 0.29

Plasterboard 470,000 320,000 180,000 0.37

Cement-based boards 18,000 0 17,000 1.0

Floor coverings and carpets

2,300,000 2,200,000 290,000 0.13

Wooden flooring 45,000 66,000 46,000 1.00

Ceramic flooring 2,200,000 2,100,000 220,000 0.10

Carpets 24,000 2,600 30,000 1.2

Plastic flooring excl. PVC flooring

6,800 500 9,700 1.4

PVC flooring 5,800,000 sq. m143 56,000 18,000 -

Insulating materials 310,000 280,000 75,000 0.24

Mineral wool insulation 310,000 280,000 74,000 0.24

Plastic insulationa 19,000 4,000 610 0.13

141 However, the calculations for net supply performed by IVL, at our request, should be interpreted with caution. The calculation is based on import statistics from other countries, domestic production and sales to other countries. The net supply is calculated as (import + domestic production - import). These three different sets of statistics are not always comparable (sometimes due to how they were originally reported to the person responsible for statistics) and they may include incorrect data. Therefore, the figures in the table should be regarded as indications and not as exact calculations of net supply or consumption on the Swedish market. 142 Swedish Chemicals Agency 2015, PM 9/15, Kartläggning av farliga ämnen i byggprodukter i Sverige (Survey of hazardous substances in construction products in Sweden), IVL 143 The figure of 5.8 million sq. m comes from the Flooring industry (GBR) and replaces the incorrect figure (negative net supply) reported in the material from IVL (2015). The figure relates to the sales volume for plastic flooring (both PVC and non-PVC) in Sweden for 2014. GBR has also indicated that other volume figures in the table for net supply and production seem to be incorrect. This applies in particular to the categories Carpets, Plastic flooring excl. PVC, as well as Wooden flooring.

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Wood wool insulation 4,500 21,000 7,500 0.41

Paints 150,000 230,000 70,000 0.46

Water-based paint 79,000 120,000 34,000 0.43

Oil-based paint 73,000 120,000 36,000 0.49

Adhesive, window putty, joints etc.

110,000 160,000 74,000 0.69

Indoor and joinery articles

110,000 150,000 44,000 0.41

Pipes and hosesb 92,000 91,000 61,000 0.66

Wallpaper 10,000 7,600 3,600 0.35

a The category contains more products than plastic insulation. b Includes pipes and hoses also for areas of use other than the construction sector.

There are objectives and targeted efforts made in Sweden to increase the trade in construction products as part of improving competition on the construction product market. Therefore, the shares of imports calculated for the period 2000-2013 are expected to increase in coming years. The trade in construction products means that existing and future rules in other countries will affect, to some extent, the occurrence of hazardous substances in construction products in Sweden. However, it cannot be definitely asserted that introducing emissions requirements, for instance in other EU countries, will lead to a decline in the occurrence of hazardous substances in construction products on the Swedish market as the product range from the same manufacturer can vary between countries or regions. The introduction of regulations in other EU countries, especially in countries where Sweden are engaged in trade in the construction products sector, is still considered overall to help reduce the problem with hazardous substances in construction products in Sweden. Table 9 below features the national regulations which are most relevant from a Swedish perspective.

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Table 9: Other countries’ regulations regarding hazardous substances in construction products and their impact on the issue in Sweden

Countries with regulations

Products and substances covered

Type of requirement Comments (relevance to construction products on the Swedish market)

Belgium Floor materials in contact with indoor air in premises frequented by people. Emissions of VOCs, SVOCs, TVOCs, CMR substances, acetaldehyde, toluene and formaldehyde.

Ban on placing the products on the market (according to the Construction Products Regulation’s definition) if emissions of designated substances exceed certain LCI values. Documentation must be produced, confirming that a construction product which is placed on the market fulfils the emissions requirements, which can be made available to the supervisory authority on request.

Sweden’s trade with Belgium in construction products is fairly small.

An investigation is being carried out in Belgium aimed at extending the regulations to apply also to construction products for walls and ceilings.

Expected impact on issue in Sweden: slightly positive impact.

France Emissions from construction products released into indoor air.

10 designated VOCs and TVOCs. Trichloroethylene, benzene, DEHP and DBP.

Requirement for labelling and self-declaration for construction products which emit the 10 designated VOCs and for reporting TVOCs. Labelling is carried out in different emissions classes: A+, A, B and C, with C not having any requirements at all.

The limit values for having products placed on the market if they contain trichloroethylene, benzene, DEHP and DBP (tantamount to a ban in practice).

Sweden’s trade with France in construction products is fairly small.

An investigation is being carried out in France into tightening the regulations and possibly introducing certain additional limit values for having products placed on the market (in place of the current labelling requirement).

Expected impact on issue in Sweden: slightly positive impact.

Germany Construction products. CMR substances, VOCs, SVOCs and TVOCs.

Ban on placing the products on the market (according to the Construction Products Regulation’s definition) if the product contains carcinogenic or mutagenic substances or if emissions of designated substances exceed the LCI values. Exemption for phthalates whose emissions cannot be analysed using current technology. Requirement for products to be tested to be given an LCI value.

Sweden’s trade with Germany in construction products is fairly large.

The German rules entail requirements on testing and approving in advance construction products in terms of emissions of hazardous substances.

Expected impact on issue in Sweden: positive impact.

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The regulations which have been introduced in certain EU countries mean that companies manufacturing or selling construction products in different ways need to provide documentation as evidence that their products do not release emissions of any designated hazardous substances. Therefore, companies now need, to a larger extent than before, also to test their products for emissions, which should gradually increase the knowledge about hazardous substances and emissions within the construction sector. Parallel to the ongoing policy development in some countries, there is a progressive development towards harmonised standards as part of the Construction Products Regulation. These standards apply, for instance, to construction products’ functions and performance, which includes tests for emissions of hazardous substances. This is expected to facilitate the concerned companies’ own compliance checks and efforts into ensuring that their products are safe for users and consumers.

Voluntary standards, ecolabelling and other voluntary initiatives within the construction sector which may affect the occurrence of hazardous substances and emissions from construction products in Sweden There are a number of voluntary environmental classification systems established within Sweden’s construction sector. These include mainly BASTA, Byggvarubedömningen, SundaHus and Sweden Green Building Council (SGBC), but also construction products with the Swan label, as well as Swan labelling of apartment blocks, small houses and pre-school buildings, which set out requirements relating to hazardous substances. These systems set different requirements in terms of environmental assessment, classification, declarations etc. for the companies or products involved. First and foremost, a check is carried out for any occurrence, in other words, the contents of hazardous substances, with generally no requirements with regard to emissions of hazardous substances. As the systems are voluntary, they mainly attract the operators who are the most motivated to deal with environmental issues in the construction sector. Statistics are not available for assessing the proportion of the various types of construction products which are included in the different systems and, therefore, the performance they deliver according to the various assessment systems. However, it is clear that several of the systems described above are well established and that they are used by numerous operators in both the private and public sectors to select construction products with a lower environmental impact. Looking at the Swedish market as a whole, we believe, that the voluntary systems only cover a fraction of the total number of construction products and that the rate of growth for this share, even though further growth is expected during the years ahead, will level out. The voluntary initiatives within the construction sector are therefore not likely to change the issue significantly during the next few years.

Competition within the construction product market in Sweden As a background to our assessment of the regulation’s consequences, we need to describe the current situation in terms of competition within the construction products industry and the trade in construction products. A Government commission of inquiry which, according to the Government’s terms of reference, is due to be presented on 1 December 2015144, has the task of reviewing the conditions for promoting competition in the construction market and, if necessary, of coming up with proposals which can improve the situation. In this case, our

144 Bättre konkurrens för ökat bostadsbyggande (Better competition for increased housing construction), Commission terms of reference 2014:75 and additional terms of reference (Terms of reference 2015:94).

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starting point is the description of the state of competition within the construction industry, which is available to read in the commission of inquiry’s terms of reference.

The Swedish Competition Authority145 has noticed that competition in terms of production of construction products is limited and it would be desirable for this to increase. In terms of industry conditions, it is noted that there are significant entry and exit costs in relation to the production of construction products, that the dominance of the few applies, that pricing is not transparent and that transport costs are high. In terms of the products’ characteristics, some of the points mentioned are the importance of custom-made products with exact characteristics, as well as the fact that the products are, in many cases, incorporated into system solutions where several products need to be adapted to each other. An analysis146 of competition indicators shows that there is limited competition on both the supply and demand side. On the supply side, the picture is mainly one of high concentration and poor competitive dynamics. There is also an indication of a fairly low productivity trend. On the demand side, the main signs of a lack of competition are a low level of customer mobility and little transparency, which can depend on a wide use of discounts and bonuses. The fact that construction products come, to a large extent, as a set of related system products restricts the opportunity to combine products from different suppliers. Therefore, it is vital to purchasers that the construction products fits into the construction process and is compatible with other construction products. This makes it difficult for new operators to enter the market, which also contributes to the poor competitive dynamics.

During recent years, progress has been made in terms of standardising construction products within the EU, with many official barriers to entry being removed. Regulation (EC) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, known as the Construction Products Regulation has applied since 1 July 2013. Consequential variations have been made in the Swedish Planning and Building Act.

However, the construction product market is still characterised by a number of national construction products declarations, known as voluntary standards, which can potentially restrict import competition. Such voluntary standards exist in both Sweden and other countries.

Summary of impact factors in the reference alternative In view of the factors described above, we believe that the issue, i.e. emissions of and exposure to hazardous substances from construction products in the indoor environment, will see a slight improvement in the years ahead. The change cannot be quantified on the basis of the data available to us. The voluntary systems which are used in Sweden and concern the occurrence and/or emissions of hazardous substances from construction products cover a fraction of the whole market. The rate of growth in terms of the number of products in the systems will level out within a few years. The national regulations which have been introduced in certain other EU countries are expected to have a gradually increasing positive effect on these issues in Sweden, particularly in the case of the product groups which are

145 Swedish Competition Authority, 2009. Åtgärder för bättre konkurrens – konkurrensen i Sverige (Measures aimed at better competition – competition in Sweden). Swedish Competition Authority report series 2009:4. 146 Copenhagen Economics, 2009. Hinder för effektiv konkurrens, Granskning av banktjänster för privatpersoner, dagligvaruhandeln och produktion av byggmaterial (Barriers to effective competition, Review of personal banking services, food retail sector and constructions products). A report commissioned by the Swedish Competition Authority and compiled by Copenhagen Economics. Material for Swedish Competition Authority report 2009:4.

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traded between countries. The requirements which are currently stipulated in Germany (one of our key trade partners in terms of construction products) are considered the most relevant to the issues in Sweden.

A number of previous investigations have highlighted the lack of competition in the construction product market and within Sweden’s construction industry on the whole. We are unable to determine what significance the state of competition has for the issue which we are tasked with investigating. But it is relevant to discuss possible effects of the regulation we are proposing on the state of competition.

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

This policy option means that a regulation is being introduced in Sweden to limit VOC and SVOC emissions, which includes volatile and semi-volatile CMR substances in construction products intended for use in the construction of flooring, walls and ceilings in an indoor environment. See a description of the proposed regulation in the summary in section 8.3. Based on the criteria which the impact assessment is focusing on (see criteria B.1-4 in Table 7), certain aspects of the regulation’s design are of particular interest:

· We are proposing that requirements for tests and documentation are based on harmonised standards. A harmonised VOC standard is expected to be adopted, which is therefore proposed to become mandatory for the products covered by the regulation. (Relevant to all the criteria B.1-4)

· The regulation is aimed at emissions from construction products which are placed on the market, with the suggestion that it will take the form of a new Swedish ordinance whereby the Swedish Chemicals Agency is granted authorisation to issue regulations containing limit values. This means that the construction works and, therefore, the clients are not directly affected. (Particularly relevant to the criteria B.2 and B.4)

· The regulation covers construction products used to construct flooring, walls and ceilings in indoor environments.

The regulation sets out the supervision framework and the methods used for testing construction products, and their emissions must comply with a harmonised European standard for test methods.

It is proposed that the regulation will come into effect after an ordinance has been adopted, and after rules have been drawn up and adopted. We believe that a regulation may therefore practically come into force from January 2018, with a one-year transition period for products which were placed on the market before January 2018. See the further discussion in the following sections about the need for particular consideration to be taken into account during implementation of the rules.

This regulation resembles in large parts the regulation which has been introduced in Belgium for flooring products. However, the Swedish regulation has a broader scope (it also covers construction products intended for use in walls and ceilings in an indoor environment) and the documentation requirements are more stringent with regard to tests being carried out based on a harmonised standard.

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8.2.3 Policy options other than a regulation The analysis presented in Chapter 8 highlights that measures other than a regulation cannot meet the objectives and assessment criteria which we are using as the starting point for our assignment. The existing measures operating in the construction sector, using voluntary systems, are considered to be unable to meet the objectives as they do not cover all operators, along with the fact that they vary in their scope and level of ambition. The analysis of the legal options with a national regulation shows that we cannot depart from harmonised standards and that the definitions from the Construction Products Regulation must be used. Therefore, we believe that policy options other than the proposed regulation are not relevant for further analysis in this impact assessment.

Germany and France have decided to introduce regulations which partly resemble the proposed Swedish regulation. In our judgement, the policy options similar to those implemented in these countries does not fully meet our objectives and that the German regulation in particular is problematic from the perspective of EU law.

8.3 Identification of who is affected by the proposed regulation

8.3.1 Affected operators The proposed regulation covers only certain designated product groups intended for use in flooring, walls and ceilings in indoor environments. We have been unable to carry out any exact calculation as to how many operators are only involved with the relevant types of construction products. Therefore, we are relying on the analyses carried out previously by the National Board of Housing, Building and Planning147 regarding the consequences of introducing the Construction Products Regulation (CPR), which means that we are assuming that those affected by the proposed regulation are the same operators who are affected by the Construction Products Regulation, according to the National Board of Housing, Building and Planning’s analyses. In other words, we are talking about the whole construction products industry, which includes manufacturers and their representatives, as well as the commercial side comprising importers and distributors of construction products. Other operators affected directly or indirectly are the notified bodies and European technical assessment bodies, regulators, market surveillance authority, clients, designers and all users of construction products.

The largest group directly affected by the CPR are manufacturers and retailers of construction products. According to an estimate from the National Board of Housing, Building and Planning based on statistics provided by Statistics Sweden, 3,600 companies with a total of 55,000 of employees were involved in manufacturing construction products in Sweden in 2010. The manufacturing was carried out mainly by small and medium-sized enterprises (SME), which are a priority group in the CPR. Statistics from Byggmaterialindustrierna, an industry association for Sweden’s construction products companies, provide similar figures. According to the association there are a total of around 3,300 construction product manufacturers operating in Sweden, which employ 59,000 workers. The industry exported goods worth SEK 63 billion, imported goods worth SEK 32 billion and had a turnover of around SEK 140 billion in 2010. The largest turnover is in the sector for sawn and planed timber. According to figures from Statistics Sweden, this industry employed around 12,000 people in 1,300 companies in Sweden in 2010 and achieved exports worth SEK 24 billion.

147 http://www.boverket.se/globalassets/publikationer/dokument/2012/anpassning-av-svensk-ratt-till-eu-forordningen-om-harmoniserade-villkor-for-saluforing-av-byggprodukter.pdf

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This group includes a large number of contractors who are self-employed, which means that they have no staff.

According to a survey reported by the Swedish Competition Authority148, in 2007 there were a good 3,750 companies with around 16,000 employees operating in the wholesale sector149 for construction products. The wholesale trade turnover for construction products in 2007 was close to SEK 73 billion, with the four largest companies accounting for a fifth of the total turnover. The majority of companies are small in terms of both number of staff and turnover. Out of the 3,750 or so companies, more than 80% were sole traders or companies with a maximum of 4 staff; 15% had between 5 and 19 employees; 2% had between 20 and 49 employees, and 1% had more than 50 employees. Out of these companies, around 80% posted a turnover of less than SEK 10 million, while only slightly more than 3% had a turnover in excess of SEK 100 million. This means that the majority of wholesale companies operate in local markets, while there are a number of large wholesale companies which operate nationally. The impact assessment from the National Board of Housing, Building and Planning150 identifies more specifically distributors involved in the commercial chain (and therefore affected by the CPR requirements), such as the distributor’s industry association “Bygg & Järnhandlarna”, which reckons, in turn, that there are around 900 sellers of construction products, of which about 650 are members of the association. The vast majority belong to a commercial chain.

The operators identified according to the description above include more companies than those who are really expected to be affected by the proposed regulation. The construction products being focused on are those which may affect the indoor environment, and this primarily relates therefore to products used to construct flooring, walls and ceilings in an indoor environment. Furthermore, these types of products have been identified on the basis of harmonised standards (see section 8.3.2). Viewed in terms of how construction products are traditionally151 broken down, these products belong mainly to the following categories:

· Structural ancillary products (panels, insulation, glass etc.)

· Products for fittings (joinery, wallpaper, paints, varnishes, flooring products etc.)

· Consumables (putty, fixing points, adhesive etc.)

These types of construction products are also included in the survey we had carried out by IVL. The net supply of construction products to the Swedish market, as illustrated in Table 8, has been calculated for a selection of CN codes152, that are found to be linked to the construction products in focus of our investigation. A complete list of the product groups surveyed, broken down by CN code, is presented in Table B5 in Appendix 7. We believe that this list of product groups largely corresponds to the products affected by the proposed regulation, except for the Pipes and hoses group. However, it should be noted that, in some

148 Swedish Competition Authority, 2009. Åtgärder för bättre konkurrens – konkurrensen i Sverige (Measures aimed at better competition – competition in Sweden). Swedish Competition Authority report series 2009:4. 149 The wholesale trade in construction products s refers to wholesale activities involving timber, other construction products and sanitary ware (SNI 51 530). Details about turnover and the number of employees come from Statistics Sweden. 150 http://www.boverket.se/globalassets/publikationer/dokument/2012/anpassning-av-svensk-ratt-till-eu-forordningen-om-harmoniserade-villkor-for-saluforing-av-byggprodukter.pdf 151 See also the Byggkostnadsdelegationen (Construction costs committee) (2000). 152 The CN codes in this case are at 6-digit level. CN stands for “Combined Nomenclature” and comprises statistical article codes from the customs tariff. See http://www.scb.se/sv_/Hitta-statistik/Statistik-efter-amne/Handel-med-varor-och-tjanster/Utrikeshandel/Utrikeshandel-med-varor/7221/Uppgiftslamnare/Intrastat-in--och-utforsel-av-varor/Varuklassificering-KN-koder/

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cases, it is difficult to make the link between product groups and the products which primarily affect the indoor environment. This applies, for instance, to ceilings, which can be made up of many different types of construction products and possibly also of those products which do not feature in the CN codes surveyed by IVL.

8.4 Identication and assessment of impacts

8.4.1 Cost impacts The proposed regulation resembles in many respects the rules which have been introduced in Belgium, France and Germany. The cost impacts of these countries’ regulations have been examined to some extent in connection with them being notified to the EU Commission153. Just as Belgium argued in its notification to the EU Commission, the cost- impacts of the Swedish regulation can be described as being of minor significance as the rules:

· Are based on existing regulations in other Member States and on recommendations from the WHO;

· Contain health-based criteria drawn up by the EU Joint Research Centre;

· Comply with European harmonised standards for test methods (TC 351);

· Have a similar scope, to a certain degree, to existing regulations which have been notified and apply in other EU Member States (France, Germany and Belgium).

However, unlike the Belgian regulation, the proposed Swedish regulation does make tests mandatory for the products mentioned in section 8.3. Furthermore, the scope of the proposed regulation is broader than that in the above-mentioned countries as construction products used to construct walls and ceilings are also subject to emissions and documentation requirements.

Based on the consequences described by Belgium in its notification to the EU Commission, we believe that the cost impacts of the proposed regulation will be as described in Table 10 below.

153 See notifications 2009/701/F (France), 2009/167/D (Germany) and 2012/568/B (Belgium). The notifications from France and Belgium respectively included impact assessments in the enclosed documents.

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Table 10: Cost impacts of the proposed regulations for companies, users and consumers affected by it

Nature of cost for companies, users and consumers affected

Calculated size of costs as total and per company or product

Comments

Costs for testing, according to the forthcoming harmonised VOC standard, to ensure that construction products placed on the market in Sweden meet proposed emissions requirements.

The costs of tests for VOC emissions are calculated, according to the French regulations154, at approx. EUR 3,000 per test (excl. taxes). Assuming that all products need to be tested, this would entail for the French market costs equivalent to approx. 0.1% of the affected companies’ turnover.

Based on our contacts with the German and Belgian authorities, they specified costs for tests on VOC emissions of between EUR 1,500 and 2,000 per test.

The French notification discusses costs from industry (EUR 3,300-4,500) and from the companies offering the services for VOC testing (EUR 2,000-3,000). It can be assumed that the costs for tests will be lower as a result of harmonising test methods and of increased supply and competition between testing companies. These costs were calculated in 2009. More recent information from the German and Belgian authorities supports the assumption that the actual cost per test is lower nowadays155.

Administrative costs for compiling documentation and providing it to the market surveillance authority on request

The additional cost involved in compiling and providing the documentation is unknown.

The documentation must be provided in a language which the market surveillance authority can understand, which may entail translation costs if imported products already have documentation produced in a different language.

The CPR already stipulates the requirement that construction products covered by a harmonised standard must have a declaration of performance and be CE-marked so that they can be sold. The proposed emissions requirements will be essential characteristics and will therefore be reported in the declaration of performance.

Costs of measures taken in the form of product development for the construction products which do not meet the emissions requirements. In some cases, this may incur increased costs for raw

The additional cost involved in product development is unknown. The number of products which may be affected by product development depends on how many products are identified with an inadequate emissions performance by the manufacturers

Viewed in comparison with the reference alternative, with existing and developed voluntary systems and rules in other EU countries, we believe that many construction products on the Swedish market already meet proposed emissions requirements now. Therefore, the

154 See notification 2009/701/F. 155 However, this conclusion is contradicted by the Flooring industry (GBR), which refers to a number of operators in the materials sector and gives a calculated cost of EUR 5,000 per test. The GBR also points out that there is no calculation for the test capacity available in Europe and that the lack of availability of such test capacity may present an obstacle for companies with affected construction products.

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materials and production. of construction products. need for product development will probably affect a certain proportion of the total number of products on the market.

Many Swedish companies are currently selling construction products to other EU countries which have already introduced different forms of emissions requirements, and these products’ performance should be adequate in relation to the proposed Swedish rules.

Reduced benefit for users and consumers in the case of construction products being withdrawn from sale due to the emissions requirements or based on product development delivering a poorer performance and quality than the original product.

The potential reduced benefit for users and consumers in Sweden is unknown.

We have not learnt of any significant adverse effects reported for users and consumers as a result of the national regulations introduced in France, Germany and Belgium.

The proposed regulations entail in several respects harmonisation of emissions requirements compared with national regulations in other EU countries. The provisions in the Construction Products Regulation already stipulate a requirement for declarations of performance, which is likely to mean that any degradation in performance can be identified if it results from additional provisions in Sweden.

The cost impacts of regulation are likely to be less significant with regard to VOC emissions from construction products intended to be used in flooring in the indoor environment. This category of construction products is already covered by provisions in Germany, France and Belgium. Therefore, there should be products available on the market which can meet future Swedish requirements without any major adaptations. Construction products intended to be used in the construction of walls and ceilings are also covered by the market-based labelling system in France. However, only certain types of these construction products are covered by provisions in Germany. Belgium does not have any provisions which apply to walls and

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ceilings (but this matter is being examined). In a study carried out by Vito156, commissioned by the Belgian authorities, the envisaged extension of the regulation in Belgium is described (mentioning that it will also apply to walls and ceilings) as the most ambitious and stringent in the EU. The study discusses the feasibility of these extended requirements, on the one hand, based on how far existing voluntary standards have gone and, on the other, based on an assessment of emissions data for construction products inside and outside the EU. The conclusion drawn by the authors is that most products in the categories of wallpaper, ceiling boards and panels, (water-based) paints and primers, plasterboards and plaster, adhesives and sealants seem to be able to comply with the health-based limit values. In the case of another group covering construction products in the categories of walls and ceiling covering materials (lye, coatings, plaster, wall panels and varnishes), the data available is described as inadequate in terms of assessing the feasibility of the provisions. In the case of a third category covering particle board, fibreboard and plywood, most materials are not expected to fulfil the Belgian provisions. For these products, the hazardous substances need to be replaced through product and/or process development in order to meet the emissions requirements. In the consultant’s report it is indicated that any extension of the Belgian provisions would incur increased costs for the industry in terms of tests, development and investments. It was not possible to quantify these costs and they are expected to vary between different product types and sectors.

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

The proposed regulation is being drafted in accordance with the Construction Products Regulation whose aim is to ensure the free movement of construction products by eliminate technical barriers to trade. One of the features of the Construction Products Regulation is a system for the way in which companies that are placing construction products on the market should declare the products’ performance in relation to their essential characteristics, which is a prerequisite for CE marking. The objective of this regulation is to reduce costs for manufacturers of construction products, in particular for small and medium-sized enterprises (SMEs). The declaration of performance is also a tool to provide correct information to users (purchasers) and clarifies, at the same time, how the responsibility is shared between the manufacturer and user. This is therefore an important function for promoting a smoothly operating internal market for construction products.

As the proposed regulation is based on a forthcoming harmonised standard (prEN 16515), the consequences for companies’ competitive conditions and trade are likely to be positive in several respects. This is subject to the assumption that operators involved with construction products are given a clearer regulation to comply with and that Swedish and foreign operators are offered the same competitive conditions on the Swedish market. If the proposed regulation reduces the construction sector’s need for voluntary systems and standards for regulating hazardous substances in construction products, such systems which potentially hinder trade can be avoided. Existing national regulations in France, Germany and Belgium refer already nowadays to harmonised standards and, insofar as Sweden trades construction products with these countries, the proposed regulation should facilitate increased trade.

However, the requirements being proposed for documenting emissions from construction products may be relevant, to a certain extent, to the companies’ administrative costs and have an indirect impact on trade in construction products. The documentation will probably be produced in a language which is easy for the supervisory authority to understand, primarily

156 VITO, 2015. WP 3 & 4: Emissions from wall and ceiling materials: assessing the feasibility of extending the Belgian Royal Decree (8th May 2014) on maximum emission levels from construction products. Final report.

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Swedish. It must be possible under current rules to supply declarations of performance for construction products in this language. The National Board of Housing, Building and Planning157 has previously looked into the consequences of introducing a language requirement. In this case, the National Board of Housing, Building and Planning believes that competition would increase in the Swedish construction product market if all mandatory information was supplied to users in Swedish.

If the proposed regulation might entail adverse consequences for the competitive situation and the trade in construction products, it is probably due, most of all, to difficulties certain operators have in meeting emissions and/or documentation requirements (which may result in products being withdrawn from the market or the requirements pushing up the products’ prices). These difficulties are like to be relatively more significant for SMEs.

Our assessment overall is that the regulation’s impact on competition and trade is largely positive. However, some adverse consequences may be expected, depending on how the specific provisions are designed with regard to emissions of substances which still do not have any harmonised standard test methods and to documentation requirements.

8.4.3 Consequences for innovation and product development Our analysis and the assessments which have given rise to the proposed regulation are based on an extensive survey of the issues involved, but also on experiences from other countries which have already introduced different forms of regulations for emissions from construction products. The regulation has mainly been designed with the aim of protecting people from emissions harmful to health in the indoor environment. But the form of the regulation and its specific conditions also take into account conditions in the companies for offering good opportunities for innovation and developing both processes and products. There are numerous ways of viewing innovations in relation to environmental regulations. Some examples of this are discussed in the essay on the national economy from Jan Weiss, which was published recently158. Weiss takes his starting point from Porter’s widely debated hypothesis, which states that well-designed environmental regulations can produce a positive impact on both the environment and economic benefit. The basic hypothesis which Weiss analyses empirically can be illustrated as shown in Figure 4 below.

157 National Board of Housing, Building and Planning, 2013. Konsekvensutredning om språkkrav för prestandadeklarationer och vissa andra handlingar inom byggprodukter (Impact assessment of language requirement for declarations of performance and certain other documents for construction products). 158 Weiss, J. 2015. Essays on Externalities, Regulation, Institutions, and Firm Performance.

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Figure 4 Porter hypothesis and causal mechanisms159

The figure above provides an overview of some of the key aspects of how an environmental regulation is designed. Based on our interpretation, what is being emphasised here are particular characteristics which a regulation should have in order to promote innovation. These are:

· Stringency (exert pressure, improve environmental awareness, set clear goals)

· Uncertainty avoidance and predictability

· Flexibility (no technology prescription)

· Clean technologies (no “end-of-pipe”)

· Coordination (regulator-industry and regulator-regulator)

The proposed regulation has been designed with all these characteristics in mind, which should produce conditions among the operators affected that are conducive to innovations which will improve the environment. One important prerequisite arising from a regulation (and how it is implemented), which Weiss also refers to in his analyses, is its timing in relation to the affected operators’ innovation activity. Companies which place products on the market need, in some cases, a transition period and product development so that they can fulfil the proposed emissions requirements. If the regulation is announced in good time and consideration is given to innovation processes, it is likely to result in better conditions for developing companies’ processes and products, which can cut costs and increase the value of relevant products. On the other hand, if the regulation is introduced at far too short notice, there is a risk of introducing into companies solutions which are less well thought through, with the potential of producing construction products with a poorer performance at a higher cost.

159 Weiss, J. 2015. Illustration based on Porter and van der Linde (1995).

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In a previous section (Cost impacts), construction products intended to be used to construct walls and ceilings are mentioned as an area where regulating emissions may result in more significant impacts as these products have been covered until now to a lesser extent by emissions requirements. VITO160 recommends in its study that a reasonable amount of time should be given for transition and adjustment if the Belgian regulations are to be extended to construction products used in walls and ceilings. During a transition period, manufacturers may be requested to give some account of the effort put in and results in relation to the potentially extended provisions in Belgium, while, at the same time, they are permitted to sell their products during the transition period, regardless of whether the test results turn out to be negative.

In summary, we believe that key parts of the regulation have been designed in such a way that it should be able to encourage innovation among the companies affected. However, the timing of the regulation’s implementation may be relevant to the companies’ opportunities for implementing innovation processes so that they can achieve potential cost-savings and increase the value of their products. Special conditions and transition periods may need to be considered for construction products which are intended to be used for walls and ceilings in order to give time for product and/or process development.

8.4.4 Supervision and administrative costs for authorities The proposed regulation requires supervision in order to ensure a high degree of compliance with it and create conditions conducive to fair competition between relevant companies. Supervision can be exercised in a number of different ways, such as via inspections by letter or visit inspections, sampling products for testing and other methods. Inspections by letter are preferably carried out with regard to reporting on documentation requirements. Visit inspections can provide further opportunities to verify that the companies’ documentation complies, for instance, with production processes and procedures. Testing may be used, if necessary, to verify that information reported about emissions is correct.

Clear documentation requirements in the final regulation (according to the proposal this is specified at rule level) provide conditions for effective supervision. The matter of responsibility for supervision is discussed in section 8.3.5. Forms of cooperation have still to be developed between the Swedish Chemicals Agency and National Board of Housing, Building and Planning for carrying out supervision in a practical, efficient manner. With regard to the Public Health Agency of Sweden’s scope of responsibility, the proposed regulation’s approach does not affect the Agency’s supervision guidelines. On the other hand, the raising of the level of ambition which is conveyed by the proposal can indirectly result in increased requirements/opportunities for the Public Health Agency of Sweden. For example, this can apply to guidance on the concentration in an indoor environment of the substances to be regulated.

The proposed regulation refers to a future harmonised standard VOC and SVOC test method, which will simplify the process of carrying out and comparing tests both for the authorities and the companies concerned.

It is proposed that the limit values will be based on the EU-LCI and German AgBB values, which would provide clear values for the authority and relevant companies to comply with.

160 VITO, 2015. WP 3 & 4: Emissions from wall and ceiling materials: assessing the feasibility of extending the Belgian Royal Decree (8th May 2014) on maximum emission levels from construction products. Final report.

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The scope of supervision (and therefore the administrative cost) carried out on the proposed regulation cannot be determined beforehand. The two authorities concerned will plan their supervision activities, taking into account the need and the risks which are present. Other countries which have introduced emissions requirements for construction products have described certain sample calculations for supervision costs. According to Belgium’s calculations for emissions requirements for flooring products, tests on a sample of products (every other year) would incur costs amounting to around SEK 1.2 million per year. In addition, the amount of labour was calculated for carrying out control testing at 0.05 of a whole year’s labour. We cannot make any equivalent calculation at the moment, but believe that the proposed regulation will hardly entail any large expansion in the existing number of staff within the supervision agencies. If tests are used regularly as part of supervision, the cost may still be noticeable as the unit cost is believed to be around EUR 1,500-2,000 per test.

Financing for the supervision of the proposed regulation can be provided in different ways: by means of supervision charges or grant-based financing (or possibly a combination of these in the form of charges for a group of companies which is paid to the state, which then allocates resources to the supervisory authorities). There are reasons in favour of financing based on charges as this could provide flexible coverage of the costs and comply with the principle that the polluter pays. In this case, the cost of supervision would be paid by the relevant companies. However, there are administrative downsides to charge-based financing, especially as the two authorities involved currently finance their article supervision activities through allocations. Therefore, new systems would need to be set up to levy supervision charges from the companies. The cost of setting up and administering such systems can be disproportionate compared with the supervision activity to be financed. This favours the option that supervision should be financed through state grants being allocated to relevant authorities, based on a more detailed analysis of the scope of the supervision which needs to be carried out by each authority.

However, it should be possible to finance tests, to a certain degree, using compensation paid by relevant companies if their products are reported as having failed the emissions requirements. This principle already applies for provisions under the Swedish Environmental Code, Chapter 8 Section 2 of Ordinance (1998:940) on Fees for Examination and Supervision under the Environmental Code, Section 19 of the Swedish Safety of Toys Ordinance (2011:703) and other laws. As it is proposed for the National Board of Housing, Building and Planning and Swedish Chemicals Agency to have overlapping responsibilities in certain areas of supervision, it is important, also seen from the relevant companies’ perspective, that both authorities apply the same principles for levying such charges.

8.4.5 Consequences for human health and the environment Our survey, just like studies and investigations which have been carried out in other countries, indicates that there are problems with the quality of the indoor environment and people spend a large part of their time indoors. It is therefore appropriate to mention that:

· Several studies highlight that construction products are a significant pollution source in the indoor environment.

· Experiences from Germany and Finland show that action targeted at the pollution source has a definite impact on the quality of the indoor environment.

· Large sections of the population, especially children (in their home environment, in pre-school institutions and schools), people admitted to hospitals, visitors to private

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and public premises and others cannot influence the choice of construction products affecting the indoor environment.

· The limit values resulting from the proposed regulation are produced on the basis of a joint European action programme (Urban air, indoor environment and human exposure – Environment and Quality of Life) and are set with the aim of avoiding health risks.

For the reasons given above, we believe that a regulation with limit values for emissions from construction products will help improve the indoor environment in Sweden. This will also definitely help reduce children’s exposure to hazardous substances from construction products. The regulation is also expected to have positive consequences for the health of sections of the population other than children, such as for people with allergies and other forms of hypersensitivity. The emissions requirements being proposed for construction products may also indirectly entail a reduction in emissions of environmentally harmful substances from construction products (during their whole lifecycle). This may have certain positive side effects for the environment going beyond our primary objectives with the regulation.

Emissions of CMR substances are highlighted as a particular priority to handle. It should therefore be noted that some CMR substances are VOCs and some are SVOCs. There is a clear framework and conditions for regulating VOCs, but our analyses indicate certain unresolved issues regarding the regulation of SVOCs. However, it is important to include CMR substances which are SVOCs to ensure that the overall health benefit of the regulation will not be diminished.

8.5 Analysis and recommendations from the impact assessment

8.5.1 Summary analysis The impact assessment contains a description of the proposed regulation in terms of its expected consequences for the relevant stakeholders. In our view, those parties directly affected by the regulation are the construction products industry, which includes manufacturers and their representatives, as well as the commercial side comprising importers and distributors of construction products. Other operators affected directly or indirectly are the notified bodies and European technical assessment bodies, regulators, market surveillance authority, clients, designers and all users of construction products.

But the proposed regulation covers only construction products intended for use in the construction of flooring, walls and ceilings and whose emissions can therefore affect the indoor environment. The impact assessment gives an indication that the scope of the regulation’s consequences varies for these different categories of construction products.

In the case of the regulation of VOC emissions in construction products intended for use in flooring, we believe that the cost impacts just like the other consequences for relevant companies are likely to be less significant. The reason for this assessment is that emissions and construction products of this type are already regulated in Germany, France and Belgium. We would note on this point that:

· There is a proposed harmonised standard for tests for VOC emissions;

· It should not be possible for the costs of VOC tests to be considerable, compared with the turnover of the relevant companies. The reason for this is that, on the hand, the

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cost per test seems to have gradually dropped and, on the other, many products available on the market have already been tested to show their compliance with existing national regulations in Germany, France and Belgium;

· The issue of emissions from flooring has been in the spotlight for a long time, during which products and processes have been developed (also in order to comply with national regulations) and there are therefore many products on the market nowadays which fulfil the proposed emissions requirements;

· In the case of products which already fulfil the proposed emissions requirements, the administrative costs for producing and providing documentation should be less as similar (or more extensive) documentation requirements already apply in Germany, France and Belgium.

In the case of the regulation of VOC emissions in construction products intended for use in walls and ceilings, we believe that the consequences for relevant companies may be more significant, especially depending on when the regulation comes into force. VOC emissions in these types of construction products are currently only regulated to a minor extent in other countries (in Germany and certain emissions of certain substances in the French labelling system). We would note on this point that:

· A regulation is required which also covers construction products intended for use in walls and ceilings as they can be a significant source of emissions in the indoor environment;

· There is a proposed harmonised standard for tests for VOC emissions;

· It is uncertain as to how many of these construction products have already been tested for VOC emissions;

· There are indications that certain categories of the relevant construction products would not meet the proposed emissions requirements immediately and, therefore, some product and/or process development activity would need to be carried out;

· If some product and/or process development is required, the relevant companies may need a transition period to avoid disproportionate costs (in the form, for instance, of a severely reduced product offering on the market or degraded product quality or performance);

· Belgium is looking into the possibilities of extending its national emissions requirements to these types of construction products. There are grounds for having a more in-depth dialogue with both the Belgian authorities and the relevant companies and industries about the possible need for a transition period and how this can possibly be coordinated among the countries in the EU.

In the case of the regulation of SVOC emissions in construction products intended for use in flooring, walls and ceilings, we are unable at the moment to assess the consequences of implementing a regulation in 2018. We would note on this point that:

· A regulation is required which covers both VOCs and SVOCs, especially for those substances which are also classified as CMR.

· A regulation would provide an incentive to develop further the proposed harmonised standard for SVOC tests;

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· A regulation which stipulates SVOC emissions requirements before well-tested and/or established test methods are available may cause major difficulties for both the relevant companies and supervisory authorities in terms of enforcing the regulation. Therefore, the administrative costs involved may be significant.

· Little is known about the occurrence of SVOC emissions and the possibilities of cutting these emissions by means of product or process development. Therefore, we currently do not know, on the whole, the costs of these measures for the relevant companies and product range.

8.5.2 Recommendations from the impact assessment The conclusions from the impact assessment indicate that a regulation on VOC emissions from construction products which are intended to be used in the construction of flooring is appropriate, feasible within the proposed timeframe and totally proportionate. Furthermore, we believe that a regulation on VOC emissions from construction products which are intended to be used in the construction of walls and ceilings is also appropriate, but that this regulation should allow a certain transition period for the relevant companies. If the regulation is drafted with a clear framework and objectives for implementation at a later date, including, if necessary, specific monitoring during a transition period, it is likely possible to avoid adverse consequences, which will promote its feasibility and proportionality. Finally, we believe that a regulation is required regarding SVOC emissions produced by CMR substances. SVOC analyses are included in the future VOC method, even though it is not fully optimised for SVOC analyses. It should also be investigated how a regulation or other instruments or initiatives can contribute to the development of harmonised standards, so that a stringent regulation can be introduced without having a special regulation in Sweden.

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Appendix 1: Text of assignment agreement

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Appendix 2: Reference group Cynthia de Wit ACES Stockholm University

Britt-Marie Bernersson Akademiska Hus

Marie-Louise Luther Swedish Asthma and Allergy Association

Sussi Wetterlin BASTA

Monica Björk Byggmaterialindustrierna

Hans von Stedingk Byggvarubedömningen

Jonny Hellman Byggvarubedömningen

Yogesh Kumar Swedish Property Federation

Anna Lundkvist Fredells byggvaruhus

Jenny Arnoldsson Flooring industry (GBR)

Magnus Ulaner HSB

Lena Lundberg IKEM

Sarka Langer IVL Swedish Environmental Research Institute Ltd. Jörgen Ågren JM AB

Gunnar Johanson KI

Salina Elmi National Board of Trade

Ulrika Dahl Swedish Society for Nature Conservation

Charlotte Bejersten Nalin NCC Construction Sverige AB

Göran Westerfors PEAB

Gabriella Castegren Swedish Association of Public Housing Companies (SABO)

Patrizia Finessi Swedish Association of Public Housing Companies (SABO)

Carl Enqvist SKANSKA Sverige AB

Gunilla Beyer Swedish Forest Industries Federation

Gunnel Emenius Stockholm County Council

Jane Wigren SundaHus i Linköping AB

Sara Bergman Ecolabelling Sweden

Henrik Jansson SVEFF - Swedish Paint and Printing Ink Makers Association

Pär Svahnberg SVEFF - Swedish Paint and Printing Ink Makers Association

Marianne Hedberg SWEDISH CONSTRUCTION FEDERATION (BI)

Bo Glas Umeå University

Carola Mattson Weber Sweden

106

Appendix 3: Tables of hazardous chemicals which may occur in construction products TableB1: CMR substances, endocrine disruptors and skin sensitisers which may occur in construction products on the Swedish market. The “Origin” column is aimed at the reference used to identify whether a substance can occur in construction articles.

CAS No. Name Hazard classification Origin Selected substances according to selection criteria 110-71-4 1,2-Dimethoxyethane Repr. 1B LCI 106-46-7 1,4-Dichlorobenzene Carc. 2 LCI 123-91-1 1,4-Dioxane Carc. 2 LCI 111-96-6 Diethylene glycol dimethyl ether Repr. 1B LCI 2210-79-9 2,3-Epoxypropyl o-tolyl ether Muta. 2 REACH 128-37-0 Butylated Hydroxy Toluene (BHT) End. SIN Reach, LCI 96-29-7 2-Butanonoxime Carc. 2 LCI 110-80-5 2-Ethoxyethanol Repr. 1B LCI 111-15-9 2-Ethoxyethyl acetate Repr. 1B LCI 149-57-5 2-Ethylhexanoic acid Repr. 2 LCI 70657-70-4 2-Methoxypropyl acetate Repr. 1B LCI 1589-47-5 2-Methoxy-1-propanol Repr. 1B LCI 109-86-4 2-Methoxyethanol Repr. 1B LCI 110-49-6 2-Methoxyethyl acetate Repr. 1B LCI 75-07-0 Acetaldehyde Carc. 2 LCI 79-06-1 Acrylamide Carc. 1B, Muta. 1B, Repr.

2 REACH

107-13-1 Acrylonitrile Carc. 1B REACH 1163-19-5 Decabromodiphenyl ether End. SIN REACH 80-05-7 Bisphenol A Repr. 2, EndEDS,

EndSIN REACH

77-58-7 Dibutyltin dilaurate End. SIN REACH 28553-12-0 Diisononyl phthalate End. EDS, End. SIN REACH 1968-12-02 Dimethylformamide Repr. 1B LCI 75-21-8 Ethylene oxide Carc. 1B, Muta. 1B REACH 108-95-2 Phenol Muta. 2 LCI 50-00-0 Formaldehyde Carc. 1B, Muta. 2 REACH, LCI 1998-01-01 Furfural Carc. 2 LCI 111-30-8 Glutardialdehyde (1,5-Pentanedial) Resp. sens. 1 LCI 25637-99-4 Hexabromocyclododecane Repr. 2 REACH 63449-39-8 Chloroparaffin End. SIN REACH 85535-85-9 Chloroparaffins, C14-17 End. EDS REACH 91-20-3 Naphthalene Carc. 2, End. SIN LCI 2687-91-4 N-Ethyl-2-pyrrolidone Repr. 1B LCI 110-54-3 n-Hexane Repr. 2, End. SIN LCI 872-50-4 N-Methyl-2-pyrrolidone Repr. 1B LCI 556-67-2 Octamethylcyclotetrasiloxane Repr. 2, End. EDS, End.

SIN Reach, LCI

100-42-5 Styrene Repr. 2, End. EDS, End. SIN

LCI

79-94-7 Tetrabromobisphenol A End. SIN REACH 109-99-9 Tetrahydrofuran Carc. 2 LCI 127-18-4 Tetrachloroethylene Carc. 2, End. EDS, End.

SIN LCI

56-23-5 Tetrachloromethane Carc. 2 LCI 108-88-3 Toluene Repr. 2 Reach, LCI

107

CAS No. Name Hazard classification Origin 126-73-8 Tributyl phosphate Carc. 2 Reach, LCI 112-49-2 Triethylene glycol dimethyl ether Repr. 1B LCI 5064-31-3 Trisodium nitrilotriacetate Carc. 2 REACH 115-96-8 Tris(2-chloroethyl) phosphate Carc. 2, Repr. 1B REACH 108-05-4 Vinyl acetate Carc. 2 LCI Hazard classifications: Carc. = carcinogenic, Muta. = mutagenic, Repr. = toxic for reproduction, Resp. sens. = respiratory sensitiser according to CLP (ECHA 2015a), End. EDS = endocrine disruptor from EDC database (European Commission (2015), End. SIN = endocrine disruptor from the SIN List (ChemSec, 2015).

108

TableB2: Occurrence of priority hazardous substances in construction articles per construction article category (for indoor use only), according to the Byggvarubedömningen (BVB) and SundaHus (SH) databases (number of products in which the substances occur for each product group).

Paints Flooring and carpets

Insulating material

Adhesives and joints

Pipes and hoses

Wallpaper Indoor and joinery articles

Panel materials

Plaster and mortar

CAS No. Substance BVB SH BVB SH BVB SH BVB SH BVB SH BVB SH BVB SH BVB SH BVB SH

123-91-1 1,4-Dioxane

1 3

1

2210-79-9 2,3-Epoxypropyl o-tolyl ether

1

128-37-0 Butylated Hydroxy Toluene (BHT)

1

2 2

96-29-7 2-Butanonoxime 73 36

15

13 10

1

111-15-9 2-Ethoxyethyl acetate

4

70657-70-4 2-Methoxypropyl acetate 1 2

109-86-4 2-Methoxyethanol

1

75-07-0 Acetaldehyde

2 1

2

79-06-1 Acrylamide

1

107-13-1 Acrylonitrile

2

3

80-05-7 Bisphenol A 2

4 6 1

1 2

1

63449-39-8; 85535-85-9

Chloroparaffins 2 2 2 1 3 2 12 15

77-58-7 Dibutyltin dilaurate 1 2

1 3

5 1

109

28553-12-0 Diisononyl phthalate

2 1 64

11 2

2

75-21-8 Ethylene oxide

3

108-95-2 Phenol 1 1

2

5

1 2 4 5

1

50-00-0 Formaldehyde 5 1

2 1 1 7 11 5

30 24 14 14 1 2

25637-99-4 Hexabromocyclododecane

1 2

1

1 2

1

91-20-3 Naphthalene

1

3 2

1

2687-91-4 N-Ethyl-2-pyrrolidone 1 2

110-54-3 n-Hexane

8 6

872-50-4 N-Methyl-2-pyrrolidone 7 2

1

2 2 2

3 2 1

556-67-2 Octamethylcyclotetrasiloxane

1

4 2

100-42-5 Styrene 2 3 1 1

23 8

1 1

79-94-7 Tetrabromobisphenol A

1

2

127-18-4 Tetrachloroethylene

1 2

126-73-8 Tributyl phosphate

1

109-99-9 Tetrahydrofuran

4 1

108-88-3 Toluene 11 9

10 6 1

2

5064-31-3 Trisodium nitrilotriacetate

1

108-05-4 Vinyl acetate

2 5 1

19 6 2

5 2

Total 104 65 9 96 10 13 117 88 17 2 2 43 41 24 21 1 6

Total number of articles 552 27 188

110

Appendix 4: Germany – flow diagram for VOCs and SVOCs The flow diagram for assessing VOC and SVOC measurements, with limit values (AgBB 2010).

VOC, TVOC: Retention interval C6 – C16; SVOC: retention interval C16 – C22

LCI: Lowest Concentration of Interest. Consideration is only given to substances with Ci > 5 µg/m3.

after 3 days

Test 2after 28 days

Reject

TVOC3 £ 10 mg/m3 ?

No

Carcinogenic VOCs of EU cat. 1 and 2 £ 0.01 mg/m3 ?

Reject

RejectNo

TVOC28 £ 1.0 mg/m3 ?

Yes

Carcinogenic VOCs of EU cat. 1 and 2 £ 0.001 mg/m3 ?

SSVOC28 £ 0.1 mg/m3 ?

Assessable compounds:all VOCs with an LCI

R = S Ci/LCIi < 1 ?

Non-assessable compounds:sum of VOC with unknownLCI

S VOC28 £ 0.1 mg/m3 ?

Product is suitable for indoor use

Yes

Yes

Yes

Yes

Yes

Reject

Reject

Reject

Reject

111

Appendix 5: Emissions classes for construction products in France Construction products for indoor installations, which are available on the French market, must be labelled from 1 September 2013 (Order of 19 April 2011). The limit values for the individual classes are listed in the table below.

Classes C B A A+ TVOC > 2000 < 2000 < 1500 < 1000 Formaldehyde > 120 < 120 < 60 < 10 Acetaldehyde > 400 < 400 < 300 < 200 Toluene > 600 < 600 < 450 < 300 Tetrachloroethylene > 500 < 500 < 350 < 250 Xylene > 400 < 400 < 300 < 200 1,2,4-Trimethylbenzene > 2000 < 2000 < 1500 < 1000 1,4-Dichlorobenzene > 120 < 120 < 90 < 60 Ethyl benzene > 1500 < 1500 < 1000 < 750 2-Butoxyethanol > 2000 < 2000 < 1500 < 1000 Styrene > 500 < 500 < 350 < 250

The label on products includes a letter indicating the highest (worst) emissions class for the individually listed substances and TVOCs. There are detailed rules on how the label is designed. An example is shown below. The minimum dimensions are 15 mm x 30 mm. The explanatory sentence below must always be placed on the packaging and the letters must be large enough to read.

112

Appendix 6: Emission factors for VOCs and SVOCs reported in the literature Table B3: Emission factors for relevant VOCs (identified as a cross-section between Particurlarly Hazardous Substances and substances with a registered use in construction products) from scientific literature.

CAS No. Name Emission factor µg/m2 x h References

50-00-0 Formaldehyde 0.5 - 2,650

Horn et al. (1998), Kelly et al. (1999), Kim et al. (2006), Nicolas et al. (2007), Kagi et al. (2009), Fjästad et al. (2010), Schripp et al. (2012), Böhm et al. (2015), Cheng et al. (2015)

75-07-0-00 Acetaldehyde 0.5 – 116 Nicolas et al. (2009), Kagi et al. (2009), Schripp et al. (2012), Cheng et al. (2015)

71-43-2 Benzene 200 Kagi et al. (2009)

108-88-3 Toluene 0.3 – 100 Kagi et al. (2009), Lin et al. (2009), Wirtanen (2006), Cheng et al. (2015)

98-01-1 Furfural 10 – 350 Horn et al. (1998)

108-95-2 Phenol 0.4 – 700 Horn et al. (1998), Wirtanen (2006)

100-42-5 Styrene 0.1 – 15 Crawford &Lungu (2011), Wirtanen (2006)

149-57-5 2-Ethylhexanoic acid

28 Wirtanen (2006)

Table B4: Emission factors or room air concentrations of selected SVOCs from scientific literature.

CAS No. /Substance group

Name Concentration/Emission factor Comments/References

Polychlorinated biphenyls

PCB 105, PCB 118, PCB 156, PCB 167

20 - 90 ng/m3 via emissions from ceiling panels into indoor air/ Volland et al. (2007)

51207-31-9 2,3,7,8-Tetrachlorodibenzofuran 10 - 33 ng/m3 via emissions from ceiling panels into indoor air/ Volland et al. (2007)

Polybrominated diphenyl ethers

Total of 13 BDEs 20 ng/m2 x h emissions into indoor air Batterman et al., 2009

13674-84-5 Tris(1-chloro-2-propyl)phosphate 0.21 - 140 µg/m2 x h Kemmlein et al. (2003)

25637-99-4 Hexabromocyclododecane 0.004 - 0.029 µg/m2 x h Kemmlein et al. (2003)

117-81-7 Di (2-ethylhexyl) phthalate (DEHP) 1.1 - 302 µg/m2 x h

strong temperature dependence on emission factor/ Afshari et al. (2004), Clausen et al. (2004, 2007, 2010, 2012)

113

Appendix 7: CN codes for the construction products analysed Table B5: 6-digit CN codes linked to different types of construction products

Product group CN codes Floor coverings and carpets Plastic flooring 391810, 391890, 590410, 590490, 590491, 590492

Wooden flooring 441830, 441871, 441872, 441879, 450410

Carpets

570110, 570190, 570220, 570231, 570232, 570239, 570241, 570242, 570249, 570250, 570251, 570252, 570259, 570291, 570292, 570299, 570310, 570320, 570330, 570390, 570410, 570490, 570500

Ceramic flooring 681019, 690710, 690790, 690810, 690890 Paints

Oil-based paint 320810, 320820, 320890 Water-based paint 320910, 320990, 321000

Panel materials

Wooden panels

441011, 441012, 441019, 441021, 441029, 441031, 441032, 441033, 441039, 441090, 441111, 441112, 441113, 441114, 441119, 441121, 441129, 441131, 441139, 441191, 441192, 441193, 441194, 441199, 441210, 441213, 441214, 441219, 441222, 441223, 441229, 441231, 441232, 441239, 441292, 441293, 441294, 441299

Plasterboard 680800, 680911, 680919 Cement-based boards 681120, 681182

Insulating materials Plastic insulation 392590 Wood wool insulation 440500 Mineral wool insulation 680610, 680620, 680690

Wallpaper 481410, 481420, 481430, 481490, 590500 Adhesive, window putty, joints etc. 321410, 340520, 350610, 350691, 350699

Pipes and hoses

391721, 391722, 391723, 391729, 391731, 391732, 391733, 391739, 391740, 400910, 400911, 400912, 400920, 400921, 400922, 400930, 400931, 400932, 400940, 400941, 400942, 400950, 690600

Indoor and joinery articles 392520, 392530, 441810, 441820, 441890 Plaster and mortar 321490, 381600, 382440, 382450

114

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

Substance CAS number LCI

[µg/m3] Reference

1 Aromatic hydrocarbons

1-1 Toluene 108-88-3 2900 EU-LCI

1-2 Ethyl benzene 100-41-4 850 EU-LCI

1-3 Xylene (o-, m-, p-) and mix of o-, m- and p-xylene isomers

1330-20-7 106-42-3 108-38-3 95-47-6

500 EU-LCI

1-4 Isopropylbenzene (Cumene) 98-82-8 1000 AgBB

1-5 n-Propyl benzene 103-65-1 950 EU-LCI

1-6 Trimethylbenzene (1,2,3-;1,2,4-;1,3,5-) 108-67-8 95-63-6 526-73-8

450 EU-LCI

1-7 2-Ethyltoluene 611-14-3 1000 AgBB

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 EU-LCI

1-9 1,2,4,5-Tetramethylbenzene 95-93-2 1100 AgBB

1-10 n-Butylbenzene 104-51-8 1100 AgBB

1-11 Diisopropylbenzene (1,3-, 1,4-) 99-62-7

100-18-5 750 EU-LCI

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

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

1-14 Phenyl undecane and isomers 6742-54-7 1900 AgBB

1-15 4-Phenyl cyclohexene (4-PCH) 4994-16-5 1300 AgBB

1-16 Styrene 100-42-5 250 EU-LCI

1-17 2-Phenylpropene (α-Methylstyrene) 98-83-9 2500 AgBB

115


[µg/m3] Reference

1-18 1-Propenyl benzene (ß-methyl styrene) 637-50-3 2400 AgBB

1-19 Phenyl acetylene 536-74-3 840 AgBB

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

25013-15-4

4900 AgBB

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

200 ANSES

1-22 Other alkylbenzenes, as long as indiv. isomers have not to be evaluated differently 1000 AgBB

1-23 Naphthalene 91-20-3 5 AgBB

1-24 Decahydronaphthalene 91-17-8 1000 ANSES

1-25 Indene 95-13-6 450 EU-LCI

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

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

2-3 Cyclohexane 110-82-7 6000 EU-LCI

2-4 Methyl cyclohexane 108-87-2 8100 EU-LCI


15000 AgBB


6000 EU-LCI

3 Terpenes

3-1 3-Carene 498-15-7 1500 EU-LCI

3-2 α-Pinene 80-56-8 2500 EU-LCI

3-3 β-Pinene 127-91-3 1400 EU-LCI

3-4 Limonene 138-86-3 1500 AgBB

3-5 Other terpene hydrocarbons 1400 EU-LCI

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

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

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

116


[µg/m3] Reference

4-3 1-Butanol 71-36-3 3000 EU-LCI

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 EU-LCI

4-5 1-Hexanol 111-27-3 2100 EU-LCI

4-6 Cyclohexanol 108-93-0 2000 EU-LCI

4-7 2-Ethyl-1-hexanol 104-76-7 540 AgBB

4-8 1-Octanol 111-87-5 1100 EU-LCI

4-9 4-Hydroxy-4-methyl-pentane-2-one (diacetone alcohol)

123-42-2 960 EU-LCI

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

5 Aromatic alcohols

5-1 Phenol 108-95-2 10 AgBB

5-2 BHT (2,6-di-tert-butyl-4-methylphenol) 128-37-0 100 EU-LCI

5-3 Benzyl alcohol 100-51-6 440 EU-LCI

6 Glycols, glycol ethers, glycol esters

6-1 Ethanediol 107-21-1 260 AgBB

6-2 Ethylene carbonate 96-49-1 370 AgBB

6-3 Butyl glycolate 7397-62-8 550 AgBB

6-4 Diethylene glycol 111-46-6 440 EU-LCI

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

6-6 Propylene carbonate 108-32-7 250 AgBB

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

6-8 Dipropylene glycol 110-98-5

25265-71-8 670 EU-LCI

117


[µg/m3] Reference

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

6-10 Hexylene glycol (2-Methyl-2,4-pentanediol) 107-41-5 490 AgBB

6-11 2,2,4-Trimethylpentanediol diisobutyrate 6846-50-0 450 EU-LCI

6-12Ethylene glycol monomethyl ether (2-Methoxyethanol)

109-86-4 3 AgBB

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

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

6-15Diethylene glycol dimethyl ether (1-Methoxy-2-(2-methoxy-ethoxy)-ethane)

111-96-6 28 EU-LCI

6-162,2,4-Trimethyl-1,3-pentanediol monoisobutyrate

25265-77-4 600 EU-LCI

6-17Ethylene glycol isopropylether (2-Methylethoxyethanol)

109-59-1 220 EU-LCI

6-18 Triethylene glycol-dimethyl ether 112-49-2 7 AgBB

6-19Ethylene glycol monoethyl ether (2-Ethoxyethanol)

110-80-5 8 AgBB

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

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

6-22Diethylene glycol monoethyl ether (2-(2-ethoxyethoxy)ethanol)

111-90-0 350 EU-LCI

6-23Ethylene glycol monoisopropyl ether (2-Propoxyethanol)

2807-30-9 860 EU-LCI

6-24Ethylene glycol monobutylether (2-butoxyethanol)

111-76-2 1100 EU-LCI

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

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

6-27Diethylene glycol monomethyl ether acetate (Butyldiglycolacetate, 2-(2-butoxyethoxy) ethyl acetate)

124-17-4 850 EU-LCI

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

6-29Ethylene glycol n-hexyl ether (2-Hexoxyethanol)

112-25-4 1200 AgBB

6-30Diethylene glycol n-hexyl ether (2-(2-Hexoxyethoxy)-ethanol)

112-59-4 740 AgBB

118


[µg/m3] Reference

6-31 Propylene glycol monomethyl ether (1-Methoxy-2-propanol)

107-98-2 3700 AgBB

6-32 1-Propylene glycol 2-methyl ether (2-Methoxy-1-propanol)

1589-47-5 19 EU-LCI

6-33 1-Propylene glycol 2-methyl ether acetate (2-Methoxy-1-propyl acetate)

70657-70-4 28 EU-LCI

6-34 1,2-Propylene glycol dimethyl ether 7777-85-0 25 AgBB

6-35 Dipropylene glycol monomethyl ether 34590-94-8 3100 EU-LCI

6-36 Dipropylene glycol monomethyl ether acetate 88917-22-0 3900 AgBB

6-37 Dipropylene glycol mono-n-propylether 29911-27-1 740 AgBB

6-38 Dipropylene glycol mono-n(t)-butylether 29911-28-2 35884-42-5

132739-31-2 810 AgBB

6-39 Tripropylene glycol mono-methylether 20324-33-8 25498-49-1

2000 AgBB

6-40 Dipropylene glycol dimethyl ether 63019-84-1 89399-28-0

111109-77-4 1300 EU-LCI

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

6-42 1,2-Propylene glycol n-propylether 1569-01-3 30136-13-1

1400 AgBB

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

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

1600 AgBB

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

6-45 Neopentyl glycol 126-30-7 1000 AgBB

7 Aldehydes

7-4 Butanal 123-72-8 650 EU-LCI

7-5 Pentanal 110-62-3 800 EU-LCI

7-6 Hexanal 66-25-1 900 EU-LCI

119


[µg/m3] Reference

7-7 Heptanal 111-71-7 900 EU-LCI

7-8 2-Ethyl-hexanal 123-05-7 900 EU-LCI

7-9 Octanal 124-13-0 900 EU-LCI

7-10 Nonanal 124-19-6 900 EU-LCI

7-11 Decanal 112-31-2 900 EU-LCI

7-12 2-Butenal (crotonaldehyde, cis-trans-mix) 4170-30-3 123-73-9

15798-64-8 1 AgBB

7-13 2-Pentenal 1576-87-0 764-39-6

31424-04-1 12 AgBB

7-14 2-Hexenal

6728-26-3 505-57-7

16635-54-4 1335-39-3 73543-95-0

14 AgBB

7-15 2-Heptenal

2463-63-0 18829-55-5 57266-86-1 29381-66-6

16 AgBB

7-16 2-Octenal

2363-89-5 2548-87-0 25447-69-2 20664-46-4

18 AgBB

7-17 2-Nonenal 2463-53-8 18829-56-6 60784-31-8

20 AgBB

7-18 2-Decenal 3913-71-1 2497-25-8 3913-81-3

22 AgBB

7-19 2-Undecenal 2463-77-6

53448-07-0 1337-83-3

24 AgBB

7-20 Furfural 98-01-1 20 AgBB

7-21 Glutaraldehyde 111-30-8 2 AgBB

7-22 Benzaldehyde 100-52-7 90 AgBB

8 Ketones

120


[µg/m3] Reference

8-1 2-Butanone (ethylmethylketone) 78-93-3 5000 EU-LCI

8-2 3-Methyl-2-butanone 563-80-4 7000 EU-LCI

8-3 4-Methyl-2-pentanone (methylisobutylketone) 108-10-1 830 AgBB

8-4 Cyclopentanone 120-92-3 900 EU-LCI

8-5 Cyclohexanone 108-94-1 410 EU-LCI

8-6 2-Methylcyclopentanone 1120-72-5 1000 AgBB

8-7 2-Methylcyclohexanone 583-60-8 2300 EU-LCI

8-8 Acetophenone 98-86-2 490 EU-LCI

8-9 1-Hydroxyacetone (1-Hydroxy-2-propanone) 116-09-6 2400 AgBB

9 Acids

9-1 Acetic acid 64-19-7 1250 AgBB

9-2 Propionic acid 79-09-04 310 EU-LCI

9-3 Isobutyric acid 79-31-2 370 AgBB

9-4 Butyric acid 107-92-6 370 AgBB

9-5 2,2-Dimethylpropanoic acid (pivalic acid) 75-98-9 420 AgBB

9-6 n-Pentanoic acid (valeric acid) 109-52-4 420 AgBB

9-7 n-Hexanoic acid (caproic acid) 142-62-1 490 AgBB

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

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

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

10 Esters and lactones

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

10-2 2-Methoxy-1-methylethyl acetate 108-65-6 2700 EU-LCI

10-3 Methoxy-1-methylethyl acetate 107-31-3 1200 EU-LCI

10-4 n-Butyl formiate 592-84-7 2000 AgBB

10-5 Methyl methacrylate 80-62-6 2100 AgBB

121


[µg/m3] Reference

10-6 Other methacrylates 2100 AgBB

10-7 Isobutyl acetate 110-19-0 4800 EU-LCI

10-8 n-Butyl acetate 123-86-4 4800 EU-LCI

10-9 2-Ethylhexyl acetate 103-09-3 690 AgBB

10-10 Methyl acrylate 96-33-3 180 EU-LCI

10-11 Ethyl acrylate 140-88-5 210 EU-LCI

10-12 n-Butyl acrylate 141-32-2 110 EU-LCI

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

10-14 Other acrylates (acrylic acid ester) 110 EU-LCI

10-15 Dimethyl adipate 627-93-0 50 EU-LCI

10-16 Dimethyl succinate 106-65-0 50 EU-LCI

10-17 Dimethyl glutarate 1119-40-0 50 EU-LCI

10-18 Diisobutyl glutarate 71195-64-7 100 AgBB

10-19 Diisobutyl succinate 925-06-4 100 AgBB

10-20 Dibutyl fumarate 105-75-9 50 EU-LCI

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

10-22 Hexamethylene diacrylate 13048-33-4 10 EU-LCI

10-23 Butyrolactone 96-48-0 2700 AgBB

11 Chlorinated hydrocarbons

11-1 Tetrachloroethene 127-18-4 250 ANSES

11-2 Tetrachloromethane 56-23-5 35 ANSES

11-3 1,4-Dichlorobenzene 106-46-7 150 EU-LCI

12 Other

12-1 1,4-Dioxane 123-91-1 73 AgBB

12-2 ε-Caprolactam 105-60-2 300 EU-LCI

12-3 N-methyl-2-pyrrolidone 872-50-4 400 EU-LCI

12-4 Octamethylcyclotetrasiloxane (D4) 556-67-2 1200 EU-LCI

122


[µg/m3] Reference

12-5 Decamethylcyclopentasiloxane (D5) 541-02-6 1500 AgBB

12-6 Dodecamethylcyclohexasiloxane (D6) 540-97-6 1200 AgBB

12-7 Hexamethylenetetramine 100-97-00 30 EU-LCI

12-8 2-Butanonoxime 96-29-7 20 AgBB

12-9 Tributyl phosphate 126-73-8 2 ANSES

12-10 Triethyl phosphate 78-40-0 75 AgBB

12-11 5-Chloro-2-methyl-2Hisothiazol-3-one (CIT) 26172-554 1 EU-LCI

12-12 2-Methyl-4-isothiazoline-3-on (MIT) 2682-20-4 100 EU-LCI

12-13 Triethylamine 121-44-8 42 AgBB

12-14 Tetrahydrofuran 109-99-9 1500 AgBB

12-13 Dimethylformamide 68-12-2 15 AgBB

123

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Hazardous chemicals in construction products