three dutch cases of substances

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may 2008

Three Dutch cases of substances The (im)possibilities of reaching WFD targets in diffuse source policy

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may 2008 2

Content

1.General introduction to all cases

1.1 Legal framework

1.2 Structure case studies

2.The case of Polycyclic Aromatic Hydrocarbons (PAH’s)

2.1 Properties/Sources of emission/compliance with EQS

2.2 Implementation EU-legislation in Dutch legislation

2.3 Conclusions/discussion

3.The case of cadmium

4.The case of copper and zinc

5. Statements, indicating the way forward


1.1 General introduction: the legal framework

• Article 4.1 WFD: emissions, discharges and losses of

listed P(H)S

- to comply with EQS

- of listed PHS to be phased out;

- of listed PS to be progressively reduced

• Minimum required measures, article 11.3, WFD:

- regulation of point sources of pollution;

- prevent or control of diffuse sources of pollution

• Point sources: a lot has been done in NL and at EU level

Greater part remaining problems caused by diffuse sources


Legal framework, continued

• Article 16.6: COM to propose measures in order to reach

goals article 4.1 WFD. Term of 20 years to phase out

PHS coupled to date those measures are in force

• COM did not propose specific extra measures

Reason: abundant regulation of EU that controls

emissions to be implemented completely by the member

states or that is helping in other more direct ways, like Reach


1.2 Structure case studies

Based on studies by RIVM

• What are emission sources using recent earlier studies, both

national and from the COM

• European legislation using the site of Eur-Lex and

concentration of the most important rules, from the Dutch

perspective

• Implementation in Dutch legislation

• Failures of compliance, using the site of Curia: The Court of

Justice of the European Communities

• Enforcement in the Netherlands

• Discussion/conclusions


2. The case of Polycyclic Aromatic Hydrocarbons


2.1 PAH’s: properties/sources/compliance

• Organic substance

• Occurs in many forms

• Mostly caused by incomplete combustion of carbon

containing materials : oil and its derivates, wood e.g.

• Primary relevant effects in this context:

- highly carcinogenic and toxic

- high potential of bioaccumulation

- high occurence of contamination

- resists biodegradation

For these properties some, not all, PAH’s are PHS


PAH’s:sources

Sources of emission are numerous:

- Losses to surface water by diffuse pollution, e.g.:

atmospheric deposition, via drainage and deep groundwater,

traffic of all sorts (mainly diesel and wear of tyres)

- Discharge to surface water by point sources, e.g.: sewage

effluents, larger industrial installations like mineral oil

and gas refineries etc.

- Losses from historically contaminated soils (landsoil and

sediments in water)

- Natural causes like forest fires, erupting vulcanos


Main sources load of PAHs to surface waters, NL, 2004

atmospheric deposition

60%creosote wood

17%

shipping13%

sewage treatment plants

4%

sewering and households

3%

road traffic3%


Main sources emission of benzo(a)pyrene to the air, NL 2004

shipping

road traffic

air traffic

private fireplaces

candles, smoking, meat preparation

creosote

industry


Pah’s: relation emissions NL and other MS

- Atmospheric deposition: 40-80 % is produced outside

the Netherlands. NL exports also to other countries. In this

respect : a comunual problem asking for comunal

solutions

- PAH’s in waterways: 40-90 % is imported. Emissions

NL to the sea. Is a comunual problem, asking for comunal

solutions at the same level: e.g. the river basin

managementplan


PAH’s: Compliance with EQS

- Problems with PAH’s exceeding water quality

standards WFD (Anual Average)

- Benzo(a)pyrene: 27 % of occurences above EQS

- Fluoranthene: 10 %

- Anthracene: 20 %

- Maximum permissable concentration exceeded for

some PAH’s, especially benzo(b)fuoranthene (56 %)


Geographical division of points of exceedance

Benzo(a)antracene


2.2 PAH’s: Implementation EU-legislation in Dutch legislation

Overview present legislation and main sources of PAH’s, for NL

most important regulation:

- Marketing and use directive, including directives on

extender oils and tyres and on creosote

- REACH, replaces M&U–directive:1-7-2009

- POP’s

- EU-directive on limitation of emissions of certain

pollutants to air from large combustion plants

- EU-directive relating to a.o. cadmium and PAH’s in

ambient air


PAH’s: Implementation, continued

- Directive: quality of petrol and diesel fuels

- Regulation: establishment of European Pollutant Release&

Transfer Register and IPPC

Compliance to and enforcement of these directives and

regulations are at present as they should be, from the

perspective of NL


PAH’s: Extra endeavour by NL

- Subsidies for evironmentally friendly vehicles, inland

navigation vessels and soot filters for diesel cars

- Tax allowances for emission reduction

- More severe restrictions on creosote treated wood

- National list of priority substances contains 21 PAH

substances. Reduction and elimination emissions is

strived for. Emissions to be reported for all installations, not only

IPPC

- NL had regulation on open fires by households, a major

source of PAH’s in NL. EU started infringement

procedure (internal market ) and NL withdrew regulation


2.3 PAH’s:conclusions/discussion

- Even when all industrial emissions in NL would stop, max

6 % of PAH load to water involved. Reason: atmospheric

deposition is trans national and industry is a minor source

- COM concludes, as regards 6 th EAP objectives in 2020,

in communication on Clean Air For Europe programme

(CAFE): significant negative impacts will persist, even if all

technical measures were applied, irrespective of cost

- COM concludes also: management of water quality is

policy of shared competence. Division of effort between

member states and the EU


PAH’s: Conclusions/discussion 2

- Most of the PAH’s in NL has its origins (river/air) in other

countries, NL is of course a source for other countries

National sources of PAH”s: households, traffic and

shipping

- What can be done nationally is done , within limits of

internal market regulation

- What NL can accomplish internationally with

neighbouring countries is done (river basin management

plans)



- Dutch policy: NL will not implement measures that

threaten our economic position (level playing field), while

keeping to the rules (article 4 :exemptions). Measures at

international/EU level are needed

- NL not able to reach goals WFD for PAH’s: we expect to

exceed EQS in 2027 but also zero emission and losses

of PAH’s is impossible: for NL and the EU

- Inevitable for NL to lower objectives for PAH’s, other

countries within area river basin management plan may

also call for setting less stringent objectives (WFD, art. 4)



• Studies like the one on PAH’s, done earlier lead to the

conclusion that for efficient measures a clear en direct

link between source and effect on water quality is not

present

• There is no easy way to eliminate emissions


Intermezzo

Quick poll

Does this story about PAH’s, touching key elements of the

problem, sound familiar to other member states?


3. The case of cadmium


3.1 Dutch sources of cadmium load to surfacewater

Sewer systems and sewage treatment plants

33%

Agriculture25%

Chemical industry12%

Other industries4%

Waste treatment2% Traffic and transport

2%

Atmospheric deposition22%


Sources continued

- Cadmium is a PHS

- 38 % of monitoring points national/international waters > EQS

- 13 % > MAC

- Most of the Cd is discharged in upstream part river: 75 % of

load in international waters

- High values in the south: via the Meuse and a few point sources

- Natural sources : estimated 25-30 % of total load

- Air concentrations cadmium < threshold level air directive


3.2 Cadmium: Implementation EU-legislation in Dutch legislation

- Dangerous Substances Directive

- Drinking Water Directive

- Marketing and Use Directive, replaced by Reach in 2009

- Reach: works directly at EU-level

- Existing Substances Regulation: replaced by Reach, 2009

- IPPC and E-PRTR (Pollutant Release and Transfer Register)

E-PRTR: threshold values reporting nationally, eg. Water= 5

kg/year

- Council Directive on waste

- Directive on ambient air


Cadmium: Implementation 2

- Directive on sewage sludge. Quality-limits for cadmium in

sewage more stringent in NL than EC demands

- Directive on undesirable substances in animal food

- Directive on fertilizers: no quality standards cadmium!

- Regulation on fertilizers: EC intends to deal with unintentional

cadmium content and will, when appropriate come with

regulation

Derogation NL Nitrates indirectly influences emission cadmium

to surface water


3.3 Conclusion/discussion

- Agriculture: regulation of cadmium content in fertiliser

is necessary

- elimination emission impossible: zero cadmium in

fertiliser??, and cattle-fodder??

- Industry: IPPC rules limits of emission, not cessation.

But: is cessation possible at all and if so to what cost? And

what about all installations not in IPPC?

- Sewerage/Waste Water: diffuse sources like

households, run off and small industries very difficult to

attack. And cessation of emissions: imagenable??

Use of exemptions 4.5 WFD is unavoidable


Intermezzo

Quick poll

Does this story about cadmium, touching key elements of the

problem, sound familiar to other member states?


4 The case of copper/zinc


4.1 Copper/Zinc: sources

Not a PHS. Choice of MS in area of Rhine, Meuse, Scheldt,Ems

- Construction (watertubes of copper, copper/zinc exterior)

- Road traffic (copper in brake pads, zinc in tyres)

- Rail traffic (copper in overhead contact wires)

- Shipping (copper and zinc on hull)

- Road infrastructure (zinc on road safety barriers)

- Agriculture (copper in hoof baths, copper/zinc in cattle

fodder and manure)

- Fireworks (copper)

National EQS of copper and zinc exceeded in rivers and regional

waters


Sources emissions copper

emissions copper inlandsurface water

deposition

shipping

leachingagricultural soil

leaching soilnature areas

industry

fireworks

corrosionwatertubes

rail traffic

road traffic

sewerage andhouseholds


Sources emissions zinc

2005, emissions zinc inland

surface water

leaching agriculturalsoil

leaching soil naturalareas

shipping

deposition

road traffic

industry

corrosion buildings

corrosion, rest

sewerage andhouseholds


4.2 Copper/Zinc: Implementation EU-legislation in Dutch legislation

- For most sources no specific directives/EU-regulation known

- For agricultural limits of copper and zinc in aninal food at EU-

level. NL view: limits should be more stringent

- Groundwater directive:important for prevent and limit policy.


4.3 Conclusions/discussion

- Prevent and limit implemented in e.g. national law on

soilprotection. Includes surfacewater and groundwater

- In some cases NL cannot regulate emissions copper and zinc at

the source. View NL: international and EU-approach needed.

E.g: animal food, zinc in tyres, copper in brake parts

- NL regulates emissions of copper/zinc to soil and water from

stony building materials. Regulation of metal building materials

now in discussion.

- Regulation emissions copper of fireworks is not accepted in NL

- NL stimulates innovation


Intermezzo

Quick poll

Does this story about copper and zinc, touching key elements of

the problem, sound familiar to other member states?


5. Statements indicating the way forward

1. It is beyond discussion that member states should comply

fully with existing directives and that enforcement of national

implementation laws is in place.

2. To be expected from MS: to do nationally what can

reasonably be done to solve waterquality problems, within

limits of the internal market/level playing field

3. To be expected from MS: to be internationally active within

geographic area river basin management plan.


Statements, 2

4. For some substances the previous will not solve the

problems with water quality and reduction of emissions as

requested by the WFD

5. Further problemsolving necessarily involves measures

to be taken at the EU-level, start with the most important

(diffuse) sources. Example: requirements to emission of

all installations, fireplaces of households and engines,

stationary or mobile, that emitt PAH’s

6. For some substances, especially PHS like PAH’s and

Cadmium, it is impossible at national and

international/EU-level to reach WFD-targets in time: 2027.


Statements 3

7. Member states have to explain to the public in river

basin management plans: for some chemical substances

reduction emissions to zero not possible, even not in

2027, and that sometimes EQS will be exceeded, for reasons

beyond control MS, including uncontrollability natural sources

8. What can be done at the level of the EU, should be done

9. Phrasing Wfd targets for emission reduction to zero (art.

4. 1 and 16.6) not in accordance with factual possibilities for

MS and the EC to reach these targets and possibly poses

legal risks for case based decisions on permits etc.

three dutch cases of substances

Documents