Possible Control of EU Priority Substances in Danish Waters

Summary and conclusions

This study comprises a technical and economic assessment of three scenarios for future regulation on priority substances and priority hazardous substances in Denmark. In July 2006 the Commission presented a proposal for a Directive laying down environmental quality standards for 33 priority substances and priority hazardous substances. The proposed Directive is a Daughter Directive to the Water Framework Directive which, among other things, establishes reduction targets for the two substance categories. The three scenarios are without new specific EU legislation, with specific EU legislation according to a draft proposal for a Directive as of May 2005 and with specific EU legislation according to the Commissions proposal presented in July 2006, respectively. In the report it is demonstrated that the environmental quality standards proposed by the Commission are generally met in Danish surface waters with the exception of a few substances in some parts of the country where discharge of stormwater from separate systems has great influence, in particular under summer conditions. The report suggests solutions for potential problems, including EU controls and technical solutions for the cessation of emissions, discharges and losses of priority substances according to the Water Framework Directive, and the economic consequenses are assessed.

Background and objectives

A list of 33 priority substances (PS) and priority hazardous substances (PHS) was established already in 2001 with the adoption of Decision No. 2455/2001/EC of the Council and the Parliament. A screening of these substances was initiated by Danish Environmental Protection Agency (DEPA) in late 2004 with the aim of identifying those substances for which additional national measures might be needed in order to comply with future environmental quality standards. The screening exercise resulted in a reduced list of 10 substances that have been further assessed in the present study. Two of these substances, anthracene and fluoranthene, have been assessed only as members of the group of PAH substances.

The objective of the present study was to review and assess in more detail the consequences to Denmark of implementing EU legislation on priority substances established according to the Water Framework Directive, including the Commission's official proposal for a new Directive, focussing on the following substances (selected on the basis of the results of the screening study):

Priority Substances                 Priority hazardous substances

DEHP                                  Anthracene

Fluoranthene                        Cadmium

Lead                                     Mercury

Nickel                                   Nonylphenol

                                             PAH

                                             Tributyltin compounds


About the study

The study has been based on three scenarios as follows:

  • Scenario A: No agreement is obtained at EU level on a Daughter Directive, hence Denmark shall establish at the national level environmental quality standards and a strategy for the reduction of pollution with priority substances and priority hazardous substances according to provisions of the Water Framework Directive.
  • Scenario B: Agreement is obtained at EU level on a Daughter Directive with content similar to a first draft proposal of early 2005. This draft proposal included common environmental quality standards and provisons on the progressive reduction of emissions, discharges and losses of priority substances and cessation/phase-out of emissions, discharges and losses of priority hazardous substances within 20 years.
  • Scenario C: Agreement is obtained at EU level on the Commission’s official proposal for a Daughter Directive (Com(2006) 397 final). The proposal includes common environmental quality standards but apart from that no new requirements or controls. Hence, Denmark shall establish at the national level a strategy for the reduction of pollution with priority substances and priority hazardous substances according to provisions of the Water Framework Directive.

In reality, for the environmental quality standards the three scenarios are alike as nationally established environmental quality standards most likely will be (almost) identical to the ones proposed by the Commission. Since in all other respects scenario A and C are the same, no distinction is made between these two scenarios in the report and its conclusions.

By contrast, distinction should be made between scenario A and C on the one hand and scenario B on the other in the binding character of the obligation of achieving the Water Framework Directive reduction target for priority substances and priority hazardous substances. The reason for doing so is that different provisions of the Water Framework Directive apply depending on whether controls are adopted at the EU level (scenario B) or at the national level (scenario A and C).

Main conclusions

From a national perspective the concentrations of priority substances and priority hazardous substances in discharges and emissions into the Danish aquatic environment seem, from a national perspective, to be so low that the proposed environmental quality standards are already complied with today. However, in the summer season for some substances, in particular nonylphenol, it is likely to be difficult to comply with the environmental quality standards in many streams in some parts of the country in connection with stormwater discharges from separate systems. Community controls appear to be the most appropriate instrument by which pollution with nonylphenol from diffuse sources and from certain products can be sufficiently reduced to complying with the environmental quality standards in surface waters adjacent to stormwater discharges.

The scenarios differ with respect to fulfilling the Water Framework Directive reduction target. As regards discharges from point sources specific controls might be needed in scenario A and C only for cadmium (substitution of the substance in sacrificial anodes for small ships, no costs), mercury (filters at dental clinics and collection of mercury containing equipment, a total of 16-19 million DKK in financial costs[1]), nonylphenol (substitution of the substance in a number of products, EU control needed) and TBT (ban on use of TBT as a stabiliser in PVC, EU control needed). Additional controls might be needed in scenario B, but the scenario seems no longer topical after the Commission having presented its proposal for a new Directive.

Apparently, in any case additional controls might be needed in order to reduce pollution from diffuse sources via stormwater discharges in some parts of the country, in particular in scenario B. For all three scenarios measures have been identified that could contribute to the cessation/phasing-out of emissions, discharges and losses of priority hazardous substances. For e.g. nonylphenol, that appears to be the most problematic substance in a Danish context, introduction of Community controls, including product control, is considered being the only practical way of reducing emission of the substance at source.

Results

Considering the reduction targets of the Water Framework Directive for priority substances and priority hazardous substances a technical/economical analysis and assessment is undertaken both for each substance included in the study and for possible common measures addressing diffuse pollution via stormwater discharges from separate systems. The results are summarised in Table 1 below. The costs are indicated in present value, i.e. as a total sum that is supposed to be spread over a number of years.


Table 1 Summary of proposed measures in Scenarios A/C and Scenario B respectively with indi-cation of welfare-economic costs of the measures (+ financial costs in parenthesis).

Priority substance Action category Scenario
A/C
Control of emissions, discharges and losses according to the WFD
B
Control of emissions, discharges and losses according to the 2005 draft proposal for a Daughter Directive

Cadmium Progressive reduction None required Existing measures sufficient
Cessation/phase-out Elimination of cadmium in sacrificial anodes for small ships: No cost.
(Only "natural" replacement of old down-pipes - no additional cost)
Retention arrangements for suspended solids in stormwater1 (for cost, see stormwater)

Elimination of cadmium in sacrificial anodes or small ships: No cost.
Replacement of old down-pipes: 1.0-6.6 (0.4-2.9) billion DKK
Retention arrangements for suspended solids in stormwater²
DEHP Progressive reduction None required Existing measures sufficient
Cessation/phase-out None required None required

Lead Progressive reduction None required Existing measures sufficient
Cessation/phase-out None required None required

Mercury Progressive reduction None required See cessation/phase-out

Cessation/phase-out Mandatory mercury filters at dental clinics: 17(7) million DKK
Collection of mercury containing equipment in use in society:  26-33 (9-12)  million DKK
Mandatory mercury filters at dental clinics: 23 (10) million DKK
Collection of mercury containing equipment in use in society: 35-44 (17-21) million DKK

Nickel Progressive reduction None required Retention arrangements for suspended solids in stormwater²
Cessation/phase-out None required None required

Nonylphenol Progressive reduction See cessation/phase-out (stormwater) See cessation/phase-out
Cessation/phase-out Substitution of NPE in paints, cleaning products and use as hardener where possible by best available techniques
(EU action required)
Retention arrangements for suspended solids in stormwater1 (for cost, see stormwater)
Substitution of NPE in paints, various industrial cleaning products and for the use as hardener in various products(EU action required): National action cost estimate 2.5-4.3 (1.0-2.0) million DKK
Retention arrangements for suspended solids in stormwater2

PAH Progressive reduction None required See cessation/phase-out
Cessation/phase-out Retention arrangements for suspended solids in stormwater1 Retention arrangements for suspended solids in stormwater2

TBT Progressive reduction None required See cessation/phase-out
Cessation/phase-out Banning of the use of organotin compounds as PVC stabilizers (TBT as impurity) (EU action required)
Clean-up and safe disposal of contaminated harbour sediments
Taking the non-legally binding character of the environmental objectives of the WFD (Article 4) into account, DEPA considers that implementing this measure with the aim to eliminate "losses" of TBT is unrealistic in Scenario A/C as the environmental benefits reaped will be small compared to the disadvantages and the cost.

Banning of the use of organotin compounds as PVC stabilizers (TBT as impurity) (EU action required)
Clean-up and safe disposal of contaminated harbour sediments (as a national measure): Between 11-39 and 27-98 (5-16 and 11-40) million DKK

       
Stormwater from separate systems Progressive reduction See cessation/phase-out - primarily as regards nonylphenol in some parts of the country See cessation/phase-out
Cessation/phase-out Retention arrangements for suspended solids in stormwater in critical areas:
40 % of all runoff with deadline 2035:
Investment and O&M costs:        
1.6-4.4 (1.0-2.4) billion DKK 
Total, with cost of land acquisition         
2.0-4.7 (1.2-2.6) billion DKK
DEPA considers that implementing this measure in Scenario A/C solely with the purpose of achieving the reduction target of cessation for priority hazardous substances is unrealistic. This is taking into account that the reduction target is of non-legally binding character, and that the environmental benefits obtained by establishing retention arrangements are small and thus disproportional to the very high cost.

Retention arrangements for suspended solids in stormwater:
85 % of all runoff with deadline 2025:
Investment and O&M costs:        
4.6-12.7 (3.0-7.1) billion DK
Total, with cost of land acquisition          
5.6-13.9 (3.7-7.8) billion DKK

1   As part of common action against several substances in critical areas (40 % of volume).
2   As part of common action against several substances (85 % of volume).


Footnotes

[1] In present value, i.e. the annual costs will be significantly lower.

 



Version 1.0 August 2007, © Danish Environmental Protection Agency