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 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

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

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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may The case of Polycyclic Aromatic Hydrocarbons

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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Main sources load of PAHs to surface waters, NL, 2004

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Main sources emission of benzo(a)pyrene to the air, NL 2004

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Pah’s: relation emissions NL and other MS - Atmospheric deposition: % 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: % 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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Geographical division of points of exceedance Benzo(a)antracene

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

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

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

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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may PAH’s: Conclusions/discussion 3 - 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)

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may PAH’s: Conclusions/discussion 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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Intermezzo Quick poll Does this story about PAH’s, touching key elements of the problem, sound familiar to other member states?

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may The case of cadmium

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Dutch sources of cadmium load to surfacewater

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may 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 % of total load - Air concentrations cadmium < threshold level air directive

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Cadmium: Implementation EU-legislation in Dutch legislation - Dangerous Substances Directive - Drinking Water Directive - Marketing and Use Directive, replaced by Reach in Reach: works directly at EU-level - Existing Substances Regulation: replaced by Reach, 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

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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Intermezzo Quick poll Does this story about cadmium, touching key elements of the problem, sound familiar to other member states?

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may The case of copper/zinc

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Sources emissions copper

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Sources emissions zinc

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

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

Gerard Lommers/ International workshop diffuse sources of waterpollution, Amsterdam, 28/29 may Intermezzo Quick poll Does this story about copper and zinc, touching key elements of the problem, sound familiar to other member states?

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

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

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