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WERT rar AUT ua RO AL
REPRESENTATION PERMANENTE RUE FROISSART ds-93
DE L'IRLANDE
AUPRES DE

L’UNION EUROPEENNE

)]X May, 1999

1040 BRUXELLES
TEL. 230 85 so

 

FAX 230 32 03

DG XI 02/06/99 8531 A
ATTR: B.3 I !
INFO:D1 |E1 | |

 

Director General
DGX1 - Environment, Nuclear

Safety and Civil Protection ARCH IT CCANLUT>SIT>P_ u

Rue de la Loi 200
B-1049 Brussels

Dear Director General

 

| have been asked by my authorities to refer to your letter (Ref: 003798) of 3
March, 1998 which raises a series of enquiries in relation to the strategy
document "Managing Ireland's Rivers and Lakes - A Catchment-based Strategy
Against Eutrophication". | also refer to the detailed discussions which took place
on 9 November 1998 on these matters between officials of the European
Commission, the Department of the Environment and Local Government and the
Department of Agriculture and Food and your subsequent letter of 23 November,
1998 (ref. 026908). The delay in replying is regretted.

A ion of Phosphor li ndar

As you will be aware, my authorities advised the Commission by letter dated 24
August, 1998 that statutory effect has been given to the water quality standards
for phosphorus which had been signalled in the above-mentioned Strategy
document. The relevant Statutory instrument is the Local Government (Water
Pollution Act) 1977 (Water Quality Standards for Phosphorous) 1998 (S.l. No.
258 of 1998), a copy of which has been sent to the Commission,

Following is a summary of the main provisions of the Regulations:-

- no further deterioration in the quality of rivers and lakes is allowed:
conditions as recorded by the EPA during its monitoring in the period
1995-1997 will be used as a general benchmark

- as aminimum, specified levels of improvement in the condition of rivers
and lakes found to be polluted during the 1995-1997 period must be
achieved within a 10-year timeframe; a maximum 6 year extension may
apply in certain circumstances

- local authorities and the Environmental Protection Agency (EPA) are
required to take all such steps as may be appropriate to secure compliance
with the quality standards in the exercise of their functions under the Local
Government (Water Pollution) Acts and the Environmental Protection
Agency Act 1992

- local authorities are required to submit an initial report to the EPA by 31
July, 1999 setting out the measures to be taken by the authorities and to
submit two-yearly reports on progress in implementing the Regulations,
and

- the EPA is required to prepare and publish two-yearly progress reports on
overall implementation of the Regulations.

The provisions of the Regulations are described in detail in the letter of 24
August 1998 to the Commission. As indicated in that letter, the phosphorus
standards have implications for all sectors which contribute to the overall
phosphorus load reaching rivers and lakes. The EPA Report on Water Quality for
the period 1991-1994 ascribed, for the first time, the proportion of slight and
moderate pollution generated by different sectors, the principal ones being
agriculture, sewage and industry. It will be a matter for local authorities, in the
first instance, to identify the sectors responsible for pollution in a particular area
and the relative contribution in terms of phosphorus inputs from each sector. In
this way, local authorities will be able to focus on those activities and operations
which are the primary contributors to the overall phosphorus load in a catchment
and to tailor strategies to the particular circumstances of each catchment. The
approach required in each case will depend on the contribution from each sector
and the nature of the activities/operations involved.

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My authorities will keep the general position relating to phosphorus quality
standards under review. The intention will be to set further and more ambitious
standards in the future in keeping with the long-term aim of achieving unpolluted
conditions in all rivers and lakes.

Water Quality 1995-1997

The report "Water Quality in Ireland 1995-1997" has recently been published by
the EPA. A copy of the report has been sent to the Commission. It confirms that
eutrohication, arising from excess inputs of phosphorous, continues to be the
issue of greatest concern in relation to water quality in Ireland. The main
conclusion of the report is that the overall condition of Irish waters remains
satisfactory and compares favourably with the position in other EU countries. It
refers to a continuing increase in the extent of river channel length (now 32%,
compared to 28% for period 1991-1994) affected by slight or moderate pollution
by phosphorous inputs. The report also indicates that less than 1% of river
channel length is affected by serious pollution.

Background to Development of Strategy

The background to development of the phosphorus programme contained in
Managing Ireland's Rivers and Lakes was outlined at the meeting of 9 November
1998. The following is a brief summary. In the late 1970s/early 1980s, the
Commission developed a list of 129 priority substances in the context of
Directive 76/464/EEC. None of these were produced in Ireland and few were
imported, used or discharged in any significant quantity. The parameters of
primary relevance in Ireland were nutrients and heavy metals. At the time, my
authorities established a technical committee with a view to the drawing up of
environmental quality standards for heavy metals. During the course of this
work, the Commission indicated that, due to lack of progress by Member States,
it would make proposals for "daughter" Directives dealing with heavy metals,
starting with chromium. On this basis, the work of the Irish technical committee
was postponed. As you are aware, proposals for such "daughter Directives" were
not subsequently submitted to Council by the Commission.

In view of the importance of phosphorus in the context of Irish water quality, my
authorities, on a number of occasions post the mid-1980s, raised with the
Commission the adequacy of Community legislation to deal with this nutrient.
The Commission's view was that the proposals then emerging in relation to
urban waste water (Directive 91/271/EEC) and nitrates (Directive 91/676/EEC)

4

would adequately address this issue. In Ireland's case, the strategy document,
together with the phosphorus standards adopted in July, 1998, represent the
additional response deemed necessary for the purposes of tackling
eutrophication in Irish rivers and lakes.

Article 9 of Directive 76/464/EEC

With regard to your query concerning Article 9 of Directive 76/464/EEC, a
number of points are relevant. Firstly, article 3 (1) and 3 (5) of the Phosphorus
Regulations provide for the maintenance of existing water quality i.e. no
disimprovement in quality will be allowed. In addition, the quality standards for
rivers and lakes set out in the Third Schedule of the Regulations are minimum
standards which must be met within the generally applicable 10-year timeframe.
Where local circumstances allow, these standards will be achieved within this
timeframe. The timeframe established under the Regulations compares
favourably with the timescales set out in the proposed Framework Directive. The
long-term objective is to achieve unpolluted conditions in all rivers and lakes in
Ireland. To this end, more stringent phosphorus standards will be adopted as
necessary after the 10-year timeframe established under the Phosphorus
Regulations.

Water pollution prevention policies over the last 20 years have resulted in
significant improvements in water quality conditions in many rivers. This is best
illustrated by the reduction in the levels of serious pollution of rivers during that
period from 6% to less than 1%, due largely to the considerable success in
dealing with point-source discharges, primarily sewage and industry.

Scope of Directive 76/464/EEC

Progress in dealing with point-source discharges over the last 20 years, including
implementation of relevant "daughter" Directives of Directive 76/464/EEC, is
relevant in relation to interpretation of the scope of Directive 76/464/EEC.

When the Directive is considered in its totality, my authorities believe there is
much to suggest that references to "discharge" relate only to point discharges and
that the distinction between "direct" and "indirect" discharges is intended simply
to differentiate between discharges made directly into waters and those made
into sewers in the first instance and later (indirectly) into waters.

5

Considerations in support of my authorities' view include the following:-

Article 2 requires Member States to take appropriate steps in accordance
with the Directive to eliminate pollution of waters by List 1 substances and
to reduce pollution by List 11 substances. The steps provided for in the
Directive are -

(a) prior authorisation of discharges containing List 1 substances with
controls imposed by means of emission standards (Article 3);
emission standards must specify the maximum concentration of a
substance in a discharge and the maximum quantity of a substance
permissible in a discharge during one or more specified periods of
time (Article 5), and

(b)  programmes established by Member States in order to reduce
pollution by List 11 substances (Article 7); these programmes must
provide for the application of the methods specified in the
Directive, i.e. prior authorisation of discharges liable to contain
such substances with emission standards laid down.

 

My authorities believe that the requirements at (a) and (b) can be
meaningfully applied to point discharges only. In the circumstances,
efforts which seek to extend the scope of application to diffuse/non-point
discharges by relying on references in the Directive to "all discharges" and
the definition of "discharge" are considered difficult to sustain when the
"methods" specified in the Directive to eliminate or reduce pollution are
examined.

Article 6 requires the Council to lay down limit values which emission
standards for List 1 substances must not exceed. These values "shall be
determined by (a) the maximum concentration of a substance permissible
in a discharge and (b) where appropriate, the maximum quantity of a
substance expressed as a unit of weight of the pollutant per unit of the
characteristic element of the polluting activity." All limit values
established in later "daughter" Directives relate to point discharges.

Article 11 requires the drawing up of an inventory of discharges which
may contain List 1 substances to which emission standards are applicable.

6

Based on the foregoing, my authorities would have concerns about the scope of
Directive 76/464/EEC in regard to diffuse sources of pollution. Clearly, there is
an obligation to prepare a pollution reduction programme to satisfy Article 7 of
the Directive. However, given the mandatory requirement to apply prior
authorisations with emission limits as the "methods" to be employed under such
a programme, my authorities would tend to the view that the obligation can only
be interpreted as applying to point discharges.

My authorities believe that the above considerations in relation to the scope of
Directive 76/464/EEC are relevant to the application of Article 9 to those aspects
of the Irish phosphorus pollution reduction programme which relate to diffuse
sources of pollution.

Previously Oligotrophic Lakes

In response to your query concerning “previously oligotrophic” lakes, I am
advised by my authorities that this concept has not been included in Part Il to the
Third Schedule of the Phosphorus Regulations on the basis mainly that any lake
which is mesotrophic or better is already in a satisfactory condition. The primary
focus of the Regulations is to improve water quality in lakes which are eutrophic
or hypereutrophic. As indicated above, the situation generally will be reviewed
over time with a view to the introduction of more stringent requirements in the
future.

Controlling Discharges

Urban Waste Water

A major programme of investment is well underway to upgrade sewage
infrastructure throughout the country at an estimated cost of £1.3 billion in the
period up to 2005. This programme of investment is substantially supported by
the European Union, mainly from the Cohesion Fund. Much of this investment is
focused on a catchment basis in the case of discharges to rivers and lakes. The
particular requirements of each catchment are taken into account in terms of the
level of treatment being provided. Like all other sectors which contribute to the
overall phosphorous load, it is necessary for local authorities to gear their sewage
investment towards ensuring compliance with the standards set out in the
Phosphorus Regulations.

7

The Commission will be aware that, in the case of discharges to freshwaters, the
requirements of Directive 91/271/EEC (urban waste water treatment) relating to
phosphorus (in Table 2 of Annex | of the Directive) apply only to discharges from
agglomerations greater than 10,000 p.e. to sensitive areas. However, as my
authorities have indicated previously, phosphorus reduction facilities are being
applied in many cases in Ireland in respect of discharges of less than 10,000 p.e.
where the requirements of the receiving waters so dictate. For example, of the
14 agglomerations in the Loughs Derg/Ree catchments which will have
phosphorus reduction facilites installed under the current investment
programme, 9 agglomerations are under the 10,000 p.e. threshold. The concept
of "appropriate treatment" applies to urban waste water discharges from
agglomerations of less than 2,000 population equivalent (p.e.).

Sewage Sludge

In pursuance of the requirements of Article 14 of Directive 91/27 1/EEC,
considerable work has been carried out by my authorities on the development of
disposal strategies for sewage sludge. The Strategy Study on Options for the
Treatment and Disposal of Sewage Sludge in Ireland (November 1993) was the
first step in the process. This study quantified the extent of the problem and
examined final disposal routes for sewage sludge throughout the country,
excluding the greater Dublin area. A regional strategy was proposed, based on
the establishment of 48 Hub Centres to which sludge from sewage treatment
plants in the area would be drawn for treatment. The type of treatment
recommended at each Hub Centre was derived from the type of end product
required to suit the disposal routes available in the area.

The strategy is firmly based on the principle of reuse and recycling incorporated
in Directive 91/271/EEC and highlights five technical recommendations relating
to the design of wastewater treatment plants in order to further the aims of the
strategy.

Construction on the first of the Hub Centres, in Killarney, County Kerry, started
some months ago with completion due in mid-1999.

In Dublin, sludge disposal has been planned as an integral part of the Dublin Bay
Project for collection, treatment and disposal of sewage in the greater
metropolitan area. Work is currently in progress on a contract for treatment and
thermal drying of the sludge from the existing Primary Treatment Works at
Ringsend. This is an interim project which is designed to permit abandonment
of the disposal of sludge at sea as required under Article 14 (3) of Directive
91/271/EEC. The project is being commissioned at present and is due to be

8

completed in June. The final arrangements for treating sludge from the proposed
new secondary treatment plant at Ringsend are at an advanced stage of planning.
Tenders for a Design/Build/Operate contract for the sewage and sludge treatment
plants have been invited by my authorities. The sludge in both the interim and
final treatment plants will be converted to inoffensive and safe bio-solids of
granular or pelletised form suitable for recycling to agricultural land.

In anticipation of the generation of bio-solids from the Dublin treatment plant
and from the Hub Centres elsewhere in the country, discussions have been held
with Teagasc (the national agricultural advisory service) to plan the development
of a "Quality Controlled" system of disposal of bio-solids. With the agreement of
Teagasc, three consultancy studies have been undertaken. These are:

1. A study of international practice in the disposal of bio-solids to agricultural
land.

2; The development of a Code of Good Practice on the application of bio-
solids to agricultural land.

3. () The development of Guidelines for local authorities on the
preparation of sludge management plans.

(b) The preparation of a model Sludge Management Plan.

These projects form part of Ireland's overall response to the requirements of
Article 14 (1) and (2) of Directive 91/271/EEC. Projects 1 and 3 have been
completed - three copies of the final report in each case are enclosed.

Copies of the Code of Good Practice will be forwarded to the Commission on
completion.

Statutory controls in relation to the application of sewage sludge to agricultural
land are contained in the Waste Management (Use of Sewage Sludge in
Agriculture) Regulations, 1998, details of which were supplied to the
Commission by letter dated 12 June, 1998.

Under the Code of Good Practice referred to at 2. above, the production of bio-
solids suitable for use in agriculture will be assured by strict control of:

1. discharges to the sewage collection system, and

2; treatment of the sludge.

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Only sludge treated by one of the approved treatment processes will be accepted
as bio-solids. Limits will be set for acceptable levels of faecal coliforms and
pathogens and for other pollutants such as heavy metals and micro-organics. A
comprehensive analysis of the bio-solids product will be made on a regular basis
and the results will be presented in a Certificate of Analysis.

Application of the bio-solids to land will also be regulated. All potential
spreadlands will be subjected to a survey and no site will be approved for
spreading unless it has been assessed and found suitable. A full Nutrient
Management Plan will then be established for the spreadland, which will focus
firstly on the fertiliser potential of all bio-solids and animal manures applied.
Chemical fertiliser will be used on approved spreadlands only to make up any
deficiencies in terms of crop requirements. Soil analysis will be carried out on
spreadlands on a regular basis.

The disposal of sewage sludge to landfill is governed by relevant provisions of
the Waste Management Act, 1996 and Regulations made thereunder. Under
these provisions, all landfill facilities require a licence from the Environmental
Protection Agency. The Regulations concerned are the Waste Management
(Licensing) Regulations, 1997, the Waste Management (Licensing) (Amendment)
Regulations, 1998 and the Waste Management (Permits) Regulations, 1998.
Copies of the relevant statutes were supplied to the Commission soon after their
making while fuller details were provided by letter dated 12 June, 1998.

The quantities of existing and projected production of sewage sludge are quite
small relative to animal manures. The production of sewage sludge in 1997 is
estimated to be 40,000 tonnes of dry solids. This represents only 1% of the
production of animal manures. In the year 2013, when sludge from all of the
proposed sewage treatment plants will be on stream, the quantity of sewage
sludge will reach approximately 130,000 tds/annum. Assuming no change in the
production of animal manures (see page 18), this will be equivalent to
approximately 3% of the total for animal manures. With percentages as small as
these, it should be quite feasible to identify suitable spreadlands for the safe
application of bio-solids under the type of controlled programme described
above and having regard to the fact that approximately 30% of utilisable
agricultural land is deficient in soil P levels.

An inventory of non-hazardous sludges has also been compiled by consultants -
two copies are enclosed.

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Phosphates in Detergents

Discussions with the Irish Detergents and Allied Products Association (IDAPA)
have been continuing for some time with a view to achieving reductions in the
phosphorus inputs to waters from detergents. In the course of these discussions,
measures have been taken at individual company level to expand the range of
phosphorous-free detergents available to consumers. It would appear, on the
basis of the most recent developments, that a reduction of some 50% (1996
baseline) may be achieved by mid-2000. Further details will be made available
to the Commission shortly.

Industrial Waste Water
Total phosphorus loadings from industry to all waters, including sewers, are
estimated at approximately 1,400 tonnes/year. This is broken down as follows

- 900 tonnes/year to sewers
- 500 tonnes/year direct discharge to waters.

Of the 900 tonnes to sewers, approximately 80% discharges to marine/coastal
waters, leaving approximately 180 tonnes discharging to inland sewerage
systems.

Of the 500 tonnes discharging directly to waters, it is estimated that 50%
discharges to marine/coastal waters, leaving 250 tonnes discharging to
freshwaters.

Total phosphorus load to sewers, excluding loadings from industry, is estimated
at 1,400 tonnes per year. With only 20% relevant to inland sewerage systems,
the total phosphorus load (excluding industry) to inland sewers is 280 tonnes per
year.

The above figures compare with an estimated annual phosphorus load of 3,500
tonnes from agriculture, most of which discharges to freshwaters.

Insofar as industrial discharges licensed by local authorities and IPC related
activities licensed by the EPA are concerned, local authorities and the EPA are
now required to review any licence in respect of a discharge to a water body
affected by the requirements of the Phosphorus Regulations. The purpose of
such reviews will be to examine how current levels of phosphorus inputs can be
reduced as part of the overall strategy to secure compliance with the statutory
quality standards for phosphorus. Local authorities and the EPA have been
advised of the need to identify at an early stage the measures required of
licensees so that licensees can put in place the planning necessary to ensure that