a Partial year measurement (1/3 year) at only one station.
^b Threshold value (vegetation).
^c Running 8-hour average, highest each day.
^d Proposed EU limit value.
^e Non-overlapping 8-hour averages
^f Threshold value (human health)

The 1999 EU daughter directive also requires PM_2.5 (particulate matter less than 2.5 µm in diameter) to be measured and reported for representative locations, although limit values are not establish. Danish PM_2.5 measurements are being started in 2000 as part of the revised national air quality monitoring programme (LMP-IV).

Trends

The level of SO₂ in Denmark has been decreasing since it peaked in about 1984. The reduction is most evident for average values that are determined by the contributions from local sources. Average SO₂ concentrations have been reduced by almost a factor of five. Short-term statistics such as the 25th highest hour statistic, are more influenced by long-range transport episodes (NERI 1999).

Average NO₂ levels have been decreasing slightly since peaking in the late 1980's and early 1990's. The short-term statistics have been fairly constant after a weak maximum in the late 1980's. The 1998 annual average NO₂ levels at a traffic site in Copenhagen is slightly over the new EU limit value that must be met by 2005, while the short term NO₂ statistic (19^th highest hour) is well under the EU limit value.

Levels of total particulate matter (TSP) have been declining gradually since the late 1980's. TSP has been measured in Denmark since the 1970's, but PM₁₀ measurements began in 1998. Early results from PM₁₀ monitoring indicate that PM₁₀ levels are close to or slightly over the new EU limit values.

Benzene and CO concentrations have been falling in Copenhagen since measurements began in 1994, except for variations due to meteorological variability. This decline reflects the increasing number of cars with three-way catalysts. Benzene has fallen more sharply than CO due to the reduction of the benzene content in petrol from about 3.5% in 1995 to approx. 1% in 1998 (NERI, 1999).

Ozone levels show a declining trend since measurements began in 1992, although with considerable variation from year to year.

5.1.4 Human exposure

The total daily exposure of an individual to air pollution is the sum of the separate contacts to air pollution experienced by that individual as he/she passes through a series of environments during the course of the day: at home, while commuting, in the streets, etc. Exposures in each of these environments can be estimated as the product of the concentration of the pollutant and the time spent in the environment.

An ideal characterisation of the distribution of human exposures would be based on direct measurements of each pollutant concentration in the breathing zone of each member of a representative cross section of the population of interest. Such a programme is impractical if not technically impossible. Instead, ambient air quality measurements at central, fixed, air monitoring sites are widely used as substitute indicators of population exposures.

Measurement of daily average concentrations of a pollutant at a single, fixed-site outdoor monitoring point provides only a rough indicator of actual exposure, but these are generally the only widely available quantitative data that can be related to exposures. Some pollutants – for example ozone and fine particles (PM_2.5) – are comparatively evenly distributed across large areas and monitoring them at a limited number of sites may provide an adequate indication of concentrations over wide regions. On the other hand, concentrations of pollutants from traffic decline rapidly as one moves away from busy roads. Similarly, many industrial pollutants are localised near the industries that emit them.

Indoor exposures may be very different from that outdoors. Air pollutants emitted into outdoor air can be attenuated during infiltration into indoor air. This attenuation can be expected to be minimal for all pollutants of outdoor origin when barriers such as windows and doors are open or absent. In contrast, attenuation can be very large for tightly sealed buildings during times of maximal heating or cooling needs.

For relatively non-reactive gases like CO, or non-reactive fine particulate matter such as sulphate, indoor concentrations are usually near outdoor levels in homes without indoor sources. However, indoor concentrations can be much higher than outdoor concentrations when there are sources such as burning cigarettes and open flames used for cooking or space heating. Chemically reactive gases, such as O3 and SO2 react with interior surfaces, so indoor concentration are typically much lower than outdoor levels.

Concentrations of pollutants generated by motor vehicles may be significantly higher inside motor vehicles than average outdoor levels, and thus the motor car may itself be a significant microenvironment.

The levels of air pollution generally increase with increasing size of city or increasing traffic intensity. Levels generally decline going from city centre towards the suburbs and out into the countryside. About 1.8 million people in Denmark live in large urban areas, including about 1.5 million in the metropolitan Copenhagen area. Residents living along busy streets will be particularly exposed to pollutants emitted by traffic.

Lead and PAH are air pollutants that can gain access to humans through indirect transport routes. These other exposure routes dominate over inhalation exposure for these pollutants. Particles in exhaust containing lead or PAH deposited on terrestrial surfaces can be ingested; either directly from soil in play yards, or after being carried indoors as a component of house dust (especially for small children). Furthermore, particulate lead and PAH deposited on plants or agricultural fields can be retained in food products and add to body burdens. Dioxins are transported through the air, but the predominant exposure to dioxins is through the ingestion of food, especially from fish and fatty animal products in which dioxins tend to accumulate.

5.1.5 Health significance of air pollution

Inhalation of air pollutants is essentially unavoidable. Pollutants emitted into the atmosphere affect people when they are outdoors. Pollutants also infiltrate into homes, workplaces and vehicles, adding to pollutants emitted within those spaces, and contributing to peoples’ exposure around the clock.

It is very difficult to give precise quantitative information about the effects of air pollution on the Danish population because very little research has been done on this issue in Denmark. In other countries, especially in North America, knowledge about adverse health effects of air pollution has increased dramatically during the past ten years.

It is now generally agreed (from the majority of reviews and WHO assessments made in this field) that air pollution at the present level in Western Europe is expected to be associated with considerable adverse health effects in the human population. Air pollution has been found to be associated with increased morbidity and mortality determined by a variety of effects parameters such as the mortality rate, hospital admissions, occurrence of respiratory symptoms in the population, use of asthma medicine, decline in lung function, days absent from work or school, etc.

It is recognised that specific groups of the population are at risk, and especially in situations with high exposure or during episodes with increased levels of the air pollutants. From various studies the risk groups have been identified as people suffering from chronic respiratory diseases, people with cardiovascular diseases, elderly people, infants and children. Taken together, these groups make up quite a large percentage of the population. It should be noted that even at today's relatively low pollution levels – compared to former times –effects are expected to occur and primarily among the above mentioned risk groups.

An inter-ministerial task group was established in 1998 by the Ministry of Environment and Energy and the National Health Agency to assess the health implication of air pollution in Denmark, based on present knowledge, with special emphasis on the consequences of implementation of new and pro-posed EU limit values. Based on the evaluations of this task group, particles and ozone are considered to be the most critical air pollutants in Denmark in relation to health effects.

Particles

In recent years, increased focus has been placed on the adverse health effects of particles. Particles may be measured in different size fractions. The fine particle fraction PM_2.5 (particle diameter less than 2.5 microns) has been found to be the particle fraction most closely associated with adverse health effects in epidemiological studies. Table 5.4 and Table 5.5 show the dose-response relationships between particles and health effects from short-term and long-term exposure that were established in the WHO (1996) update of the air quality criteria for particulate matter.

Table 5.4
Associations between 3 days periods with mean PM₁₀ concentration of 50 and 100 µg/m³ and the increase in subjects (in a population of 1 million) experiencing health effects (WHO 1996)

Table 5.5
Summary of health response associations per 10 µg/m³ average long-term concentration of PM_2.5 (modified from WHO 1996).

The expert group of the WHO stated that no threshold could be determined for health effects associated with particulate matter. Comparing the dose-response associations given by the WHO with the present levels of particulates in Danish cities, it has been estimated that a 1/3-reduction of the annual average particle level in Danish cities (i.e. a reduction of about 15 µg/m³ TSP (total suspended particulates) corresponding to approximately 5 µg/m³ PM_2.5) would imply a decrease in annual mortality of about 400 deaths among 1 million people and a decrease of about 1,700 children suffering from bronchitis (MEM 2000a).

Ozone

Ozone is a strong oxidant causing respiratory symptoms, decline in lung function, increased airway responsiveness to irritants, and airway inflammation. Epidemiological studies have shown a relationship between ozone levels and respiratory symptom exacerbation among healthy children, adults and asthmatics corresponding to a 2.5% increase per 10 µg/m³ increase in the 8-hour average ozone level, together with a 2 % increase in hospital admissions due to respiratory conditions (WHO 1994).

Effects of ozone have been found down to levels below 100 µg/m³, but no exact lower threshold for adverse effects from ozone exposure has been identified. In Denmark, the 98-percentile for ozone levels is at about 100 µg/m³ and thus health effects from ozone exposure are to be expected in Denmark. Children, infants, elderly, ill and generally weakened persons are considered at special risk for adverse effects from ozone exposure. People spending much time outdoors (e.g. children), and people physically active outdoors are the most heavily exposed groups (MEM 2000b).

Dioxins

The emission of dioxins and dioxin-like PCBs is considered a problem in Denmark. Dioxins originate mainly from incineration and enter into the food chain after deposition on soil, crops, and in water. Recently (1999) WHO has set a health based tolerable daily intake value of 1-4 picogrammes TEQ (TCDD toxic equivalent) per kg bodyweight. In this year (2000) the Scientific Committee on Food has followed this up in the EU with a temporary value for tolerable weekly intake of 7 picogrammes TEQ per kg bodyweight. In the WHO evaluation it was stated that certain subtle effects may be occurring in some sections of the general populations of industrialised countries at current daily intake levels of 2-6 TEQ per kg bodyweight. In Denmark the Danish Veterinary and Food Administration has estimated an average daily human exposure of about 5 picogrammes TEQ per kg body-weight, i.e. a level above the tolerable levels given by the WHO and the Scientific Committee on Food. However, for the time being it is not clear whether or to which extent such an exposure level contribute to effects in the Danish population.

5.2 Level of protection

For unavoidable emissions to the air of harmful substances it is an overall aim that these must be handled in a way that human beings are not exposed to health hazards or nuisances, and animal and plant life are not harmed. With respect to health considerations this covers both protection from effects by direct inhalation and indirect effects from transmission of air pollutants to for example drinking water, soil and foodstuffs. The human protection also includes prevention against nuisances in the form of odours and dust. Furthermore, ecological considerations cover both direct effects on animal and plant life, and protection of the atmosphere against dangers, such as changes in the ozone layer.

The level of protection is primarily determined by use of health based guidance values or quality criteria, as well as the use of emission limits. The air quality criteria set by the Danish EPA are considered to represent a high level of protection. Further details on the scientific method for elaboration air quality criteria are given in Appendix 1.

5.2.1 Air quality norms

Extensive reviews of heath impacts of air pollution have been carried out recently by WHO (2000), based on methodologies established by WHO. The resulting WHO guidelines for air quality have formed the basis of the new EU daughter directives under the Framework Directive on Air Quality Management. Danish specialists have participated in the technical working groups preparing initial drafts for the directives.

The new EU daughter directives contain binding limit values for the member states, along with details on measurement and reporting requirements. These limit values are to be implemented in the national laws of the member states, including Denmark. Deadlines are set, for example 2005 or 2010, by which the limit values must be met.

The EU framework directive for air quality management requires preparation of daughter directives for the pollutants governed by existing EU ambient air quality directives, sulphur dioxide, nitrogen dioxide, particulate matter (PM₁₀ and PM_2.5), lead and ozone, plus the additional pollutants benzene, carbon monoxide, poly-aromatic hydrocarbons, cadmium, arsenic, nickel and mercury. A summary of EU ambient air quality limit values for the protection of human health is given in Appendix 3. The numerous other hazardous chemicals that are emitted into the air by industries and other sources will not have EU limit values in the foreseeable future. To regulate these industrial chemicals, the Danish EPA has established principles for determination of health based guidance values/ air quality criteria for specific chemical substances. These values are used to calculate the allowable emissions of chemical substances from industry and to calculate release heights (see Appendix 1).

The Danish principles for determination of health based guidance values for chemical substances involves review of the scientific research done on the possible harmful effects of a substance, in both epidemiological experiments and experiments with animals. From these data, the guidance value/quality criteria is set at a level considered not to cause any adverse effects in the population.

When the guidance values have been determined, they are used to derive specific statistical thresholds for practical regulatory use. These thresholds of pollutant concentration in the ambient air are known in Denmark as C-values (contribution values). A C-value is a limit value corresponding to a 99^th percentile statistic of measured hourly concentrations. This is a level that must not be exceeded more than about seven hours a month, or 1% of the time. The relationship between the health-based guidance value and the C-value depends on whether the health effect is acute (short-term) or chronic (long-term), and the uncertainty of the underlying data. The C-value is considered to reflect a high level of protection of human health, as the C-value in most cases is set equal to the health based guidance value.

After establishing acceptable emission amounts and concentrations from an industry, an atmospheric dispersion model is then used to determine the minimum release height (stack height) for the emissions. The model calculates hour by hour ambient concentrations of a pollutant over a year, based on emission rates and hour by hour meteorological data. The 99^th percentile statistic derived by the model is compared to the C-value for the pollutant. If the C-value is exceeded, the height of emission must be raised until the C-value is not exceeded.

A problem with limit values arises for air pollutants that do not have a lower threshold for health effects. Fine particulate matter is now recognised as a major health hazard in Danish cities. WHO (2000) was unable to identify a lower threshold for health effects of fine particulate matter (PM₁₀ and PM_2.5). Nonetheless, the first EU daughter directive specifies short-term and long-term limit values for PM₁₀ and permits the short-term limit value to be exceeded on up to 35 days per year. Present levels of PM₁₀ in urban areas in Denmark appear to be close to or somewhat over the new EU limit values. As shown in the previous section, a 1/3 reduction of annual PM_2.5 levels in Danish urban areas could be expected to result in about 400 fewer deaths per one million population per year (MEM 2000).

Ozone is another air pollutant without a lower threshold for health effects and a serious health hazard in Denmark. Clear and significant dose-response relations have been found in international studies for ozone concentrations between 40 and 200 µg/m³. Nonetheless, WHO (2000) has established a guideline value of 120 µg/m³ for 8-hour average concentrations, and this value is proposed to be used in a new EU daughter directive on ozone. As previously mentioned, ozone levels above the 100 µg/m³ level occur in Denmark and thus health effects from ozone exposure can be expected in Denmark.

For both fine particulate matter and ozone, the present level of regulatory protection is rather weak. The present levels of these pollutants, and the present limit values, imply tolerance of significant health impacts - even deaths - in the population. This is in stark contrast to the health-based regulation of water and soil pollution in Denmark, where any effect in the population is totally unacceptable. The outlook for fine particulate matter and ozone is not promising either. Both pollutants are very difficult to control, and their levels in Denmark depend significantly on transboundary air pollution transport. However, reduction measures for local sources of particulate matter may affect local population exposure to a great extent.

For dioxins it is similarly difficult to evaluate the degree of protection with regard to Danish dioxin emissions, since it is difficult to assess the contribution from Danish dioxin emissions to the current exposure of the Danish population. Nonetheless, a higher degree of protection and emission reductions are warranted as average exposure of the population is estimated to exceed the tolerable intake values of the WHO and the Scientific Committee of Food in the EU.

5.3 Regulation and strategy

Objectives and principles

International and EU co-operation and objectives

As mentioned above, ambient air pollution is transboundary. Long-distance transport of pollutants means that Danish air quality is partly the result of environmental regulation and management of sources in other countries. This makes international co-operation a significant part of the management of Denmark’s atmospheric environment. The major part of the national efforts in combating air pollution is done in EU and UN, including UN/ECE and UNEP.

EU legislation in this field is principally aimed at cutting emissions from industrial activities and road vehicles. Where transport is concerned, the strategy is:

	to reduce polluting emissions (catalytic converter, roadworthiness test);
	to reduce the fuel consumption of private cars (in collaboration with car manufacturers);
	to promote clean vehicles (tax incentives).

The EU legislation on the transport area concentrates on cars. Measures to combat air emissions from trucks, railways, aeroplanes and ships have been less intense and less systematic⁵⁵. Measures to reduce air emissions from cars have, since the early 1980’s, been prepared by the Commission’s Auto/Oil Programmes I and II.

There are several directives aiming at reducing emissions of air pollutants from industry. There are directives on emission limit values on combustion plants and on industrial installations. The IPPC-directive (96/61) is expected to result in a reduction of pollution, including air pollution, from heavy industries.

Air quality standards are advocated by Dir. 96/92/EC of 27 September 1996 on ambient air quality assessment and management (Air Quality Framework Directive) and by the subject of proposals of daughter directives under this Directive. The first daughter directive (1999/30/EC of 22 April 1999) relating to limit values for sulphur dioxide, oxides of nitrogen and nitrogen dioxide, particulate matters and lead in ambient air was adopted in 1999⁵⁶.

The major goals of the air quality directives are to provide a high level of protection for public health throughout the European Union, and to set ambient air quality limit values designed to protect the environment. The limit values are derived using the latest update of the WHO Air Quality Guidelines for Europe as a guide for the specific values.

The work and the objectives under the UN/ECE have primarily been linked to the 1979 Convention on Long-range Transboundary Air Pollution. The Convention was the first internationally legally binding instrument to deal with problems of air pollution on a broad regional basis. It was signed in 1979 and entered into force in 1983. It has created the essential framework for controlling and reducing the damage to human health and the environment of transboundary air pollution. Since its entry into force the Convention has been extended by eight protocols. The Community is a Party to the Convention and to some of its protocols.

Objectives and agreements concerning substances that deplete the ozone layer are commented in chapter 10 on chemicals.

National objectives and principles

Concrete Danish initiatives to reduce air pollution are very much based on UN/ECE and EU requirements for the reduction of certain pollutants and on air quality, and national objectives concerning air pollution related environmental problems such as acidification and eutrophication. The Danish strategy for air pollution is to fully implement the EU directives and UN agreements, and to work through EU and UN to lower the limit values and strengthen the provisions of the directives and the agreements.

The Danish efforts in reducing CO₂ emissions are based on the actions plans Energy 2000 (1990), Energy 21 (1996), Transport Action Plan (1990), Traffic 2005 (1993) and the Danish Government's Action Plan to Reduce the CO₂ Emissions of Transport (1995). Regulation is e.g. based on quota legislation.

The protection of air quality is based on e.g. legislation on fuel quality; legislation on sulphur taxes on fuel; quota legislation on limiting sulphur dioxides and nitrogen oxides from the electricity sector; legislation on catalysts on new cars.

Table 5.6
Danish objectives on air pollution

The NO_x objective has nearly been fulfilled; the reduction in 1998 compared to the level of 1986 was 28.5%.

5.3.1 Environmental objectives of industry

The industry sector, together with power generation, is a main contributor to the air pollution and is therefore in focus in general health, nature and environment policy efforts. The provisions of the Environmental Protection Act and Guidelines on Industrial Air Pollution Control regarding individual environmental regulation of enterprises, including the approval scheme⁵⁷ for the approximately 7,000 heavy polluters in Denmark, have proven an effective instrument for reducing the local environmental and health impact of industry. In recent years, direct legislative regulation of the sector has increasingly been supplemented by economic management tools and other tools such as environment labels, voluntary agreements and energy and environment management. The main objective of the Danish work concerning industry is to reduce air pollution as much as possible by:

	introducing BAT in all sectors
	making all industries comply with the C-values
	making industry produce cleaner products
	making industry work more actively with environmental management systems
	implementing the VOC-directive and by taking part in the making of new directives within the area
	laying down guiding limit values for all relevant substances. For dioxins these values will be published in 2001
	taking part in the preparation of BAT notes for relevant sectors
	making agreements on the reduction of emissions with the industry.

When deciding what is to be considered BAT, pollution must primarily be prevented by using cleaner technology (substitution, minimising the use of raw materials and energy, using closed systems etc.) and secondarily the unavoidable pollution must be minimised by using pollution preventing measures such as cleaning.

For SO₂ and NO_x clear reduction targets have been set. Industry shall contribute to the reduction of SO₂ emissions with 80% by the year 2000 compared to the emissions by the year 1988, and contribute to the reduction of NO_x emissions with 30% in 1998 compared to the emissions in 1985.

Other initiatives for the industry will be in pursuit of the general objectives and instruments for the integrated product policy, chemicals, Energy 21 and the Government’s waste plan 1998-2004 (Waste 21).

5.3.2 Environmental objectives of energy supply

The objectives on reducing air pollution from the energy supply mainly focus on emissions of SO₂, NO_x, heavy metals, (and CO₂). Emissions from heat and power production in Denmark are minimised and extensively controlled through fuel quality (sulphur content), combustion technology (low-NO_X burners, etc), filters, flue gas desulphurisation, NO_X control (selective catalytic reduction, etc.) and energy conservation.

The Government’s overall environmental goal on the energy area is to reduce the CO₂ emissions by 20% in 2005 compared to the level in 1998 and to reduce the emissions of other waste products significantly.

In order to attain these targets as well as a number of international goals, the Government drew up an energy action plan, Energy 21, in 1996. According to this plan, energy consumption must be stabilised while streamlining energy production and using renewable energy in the energy supply to a greater extent instead of fossil fuels. The intention is thus for renewable energy to account for 35% of the total energy consumption in 2030. A wide range of management tools is being used to implement this plan.

In March 1999 the Danish Parliament concluded an agreement regarding a new reform for the electricity area. According to this agreement, Denmark will be the first country to introduce a market for CO₂ quotas, which place an annual ceiling on the emission of CO₂ by the electricity sector. Furthermore, in future all electricity consumers must receive an increasing part of their power from renewable energy.

Regulation of the energy supply takes off in the acts on electricity, heating and natural gas supply. Further, it is supplied by a goal directed policy on subsidies, taxes and charges. Finally, there is a tradition for making agreements between the state and the energy sector. Agreements have been made on establishing windmills and the use of biomass.

5.3.3 Environmental objectives of transportation

Danish objectives on transport with relation to air pollution are laid down in the action plans Transport Action Plan, 1990, Traffic 2005, 1993, and the Danish Government's Action Plan to Reduce the CO₂ Emissions of Transport, 1996.

Controls on transportation emissions include fuel quality (lead, sulphur), emission standards for new vehicles (vehicle technology), inspection and maintenance, incentives to limit ownership and use of private vehicles, subsidies and incentives for public transportation, electrification of trains and buses (moves emissions to power plants).

Objectives with relation to air pollution, compared to 1988-levels, are:

	NOx and HC emissions are to be reduced with at least 40% before year 2000 and 60% before year 2010. Further reductions up to 2030 shall take place.
	Particulate matter emissions in the towns and cities shall be reduced with 50% before 2010. Further reductions up to 2030 shall take place.
	4% of transport by cars shall be replaced with bicycle or walk before 2005.

Air pollution (other than CO₂) from the transport sector has declined during recent years as a result of emission standards for new cars. However, the transport sector is not on a sustainable path. Negative impact on human health and environment is still a big issue.

In order to bring about more environmentally friendly goods transport, a panel was established in 1998 with participation of the transport sector and transport buyers, among others.

In order to limit environmental and health problems in the cities, the Government in 2000 granted the municipalities statutory authority to introduce experiments with traffic-regulating measures solely for environmental and health purposes, that is, areas where special environmental or health requirements may apply. Furthermore, promoting local plans for traffic and environment in the context of local Agenda 21, the regional and municipal planning and the urban political effort must support a sustainable transport policy at county and municipality level.

The Danish action plans on traffic, the EU-legislation and Danish environmental-traffic law have introduced a very complicated regulation system of the transport sector based on standards, norms, sector plans, physical plans and economic instruments. The Danish legislation to combat pollution from transportation in general reflects the EU initiatives taken. The legislation concentrates on cars.

5.3.4 Legislation on air pollution

Environmental Protection Act

Concrete regulation

Air pollution is under EPA regulated by concrete decisions such as environmental permits, prohibitions and orders under the act. Please refer to section 5.4.1 and 5.4.2 for a description of the environmental permit system and air pollution.

General regulation

The Minister has under the provisions of EPA published three orders of relevance to ambient air quality. Two orders on limit values for the content of SO₂ and particles and of NO₂ in ambient air⁵⁸. Both orders are to be amended as a result of the Danish implementation of the Air Quality Framework Directive and its daughter directives. Furthermore, there is order on monitoring and assessing the content of ozone in ambient air⁵⁹. The Order contains rules on monitoring and assessing the content of ozone in ambient air and for giving notice to the public when threshold values are exceeded⁶⁰.

The Minister has under the provisions of EPA published several Statutory Orders on reduction of air pollution from the industry, including from the heating industry, power plants and farms, including on emissions of asbestos; emissions of nitrogen dioxide, unburned hydrocarbons and carbon monoxide from gas engines and gas turbines; emissions of sulphur dioxide, nitrogen oxide and dust from power plants; the content of sulphur and other substances in fuel, which might cause pollution; the storage and treatment of farmyard manure and silage.

The most important regulations are:

	Order on approval etc. of waste combustion plants61. The order contains provisions that implement directive 94/97 on combustion of dangerous waste. It lays down rules on the establishment and running of a combustion plant for dangerous waste. Further, it requires the environmental authority to comply with the requirements on limit values, conditions and monitoring methods given under the Order when issuing environmental permits (waste combustion plants are subject to environmental permits).
	Order on waste combustion plants62. The order contains provisions that implement directive 89/369 and 89/429. The Order requires the environmental authority to comply with the requirements on limit values, conditions and monitoring methods given under the Order when issuing environmental permits (waste combustion plants are subject to environmental permits).
	Order on reduction of emissions of SO2, NOx and dust from large power plants63. The Order refers to directive 88/609. The Order lays down limit values, conditions and monitoring methods for large power plants.
	Order on reduction of emissions of asbestos to ambient air from industrial plants64. The Order refers to directive 87/217. The order lays down limit values, conditions and monitoring methods for industrial plants.

Several Danish statutory orders have been issued under the provisions of legislation administrated by the Ministry of Transport, but also under the provisions of EPA and Act on Chemical Substances and Products, mainly to implement EU legislation on (road) transport, including legislation on new vehicle emission standards⁶⁵; content of polluting substances, such as sulphur dioxide, in fuel; emissions from vapour and distribution of petrol; and inspection and maintenance.

The most important regulations are:

	Order on the quality of petrol and diesel oil for vehicles etc66. The Order contains provisions that implement directive 98/70. The Order lays down limit values for the content of a number of substances in petrol and diesel oil for vehicles.
	Order on environmental requirements when establishing and running a garage, etc67.
	Order on reduction of discharges of vapour when filling up the automobile tank with petrol68. The Order lays down rules on the establishment and running of installations to fill up the vehicle with petrol and diesel.
	Order on reduction of air polluting emissions from mobile off-roaders69. The Order contains provisions that implement directive 97/68. The Order lays down rules on labelling and marketing of engines for off-roaders.
	Order on reduction of discharges of vapour when storing and distributing petrol70. The Order contains provisions that implement directive 94/63. The Order lays down rules on establishment and running of terminals and gas stations with the aim of reducing loss of petrol by evaporation.

Act on Chemical Substances and Products

As mentioned above, also the Act on Chemical Substances and Products authorises the minister to lay down rules with the aim of protecting health and the environment.

The most important regulations are:

	Order on spraying with chemical substances from aeroplanes71;
	Order on the use of ozone depleting substances72. The Order prohibits the use of a number of ozone depleting substances.

5.4 Regulatory instruments

5.4.1 Guidelines/Norms

DEPA has issued two guidelines that are used as administrative and technical basis for laying down environmental conditions concerning air pollution in environmental permits and other administrative decisions (prohibitions and orders) under the Environmental Protection Act.

The most important guideline is Guidelines No. 6/1990 on Limitation of Industrial Air Pollution⁷³.

The Guidelines on Limitation of Industrial Air Pollution are based on the principles of e.g. replacement of air pollutants by other less critical substances; reduction of resource consumption and the use of less polluting production methods in enterprises; and employment of the best available technology. The authority shall take into consideration e.g. health – both direct health-related effects of air pollution and indirect pollution by the transfer of airborne substances into water and food – when laying down requirements to industry, etc. The Guidelines lay down limit values on emissions and ambient concentrations of a number of air polluting substances. The values are based on existing (at that time) knowledge on their harmful influence on health and environment. The principles for derivation of the health-based guidance values and the C-values, together with a table of the values of about 450 substances are given in appendix 1. The Guidelines are now being revised to clarify and simplify some procedures to ease the approval process. The revised Guidelines will clarify requirements for use of best available technology (BAT) and harmonise the guidelines with recent EU directives.

Furthermore, there is Guidelines no. 4/1985 on Industrial Odour Control, as nuisance from odour in some cases occur at lower levels compared to a level based on health protection, i.e. odour may in some cases be the most critical emission from an industrial plant.

As mentioned above, orders on approval etc. of waste combustion plants, and reduction of emissions of SO₂, NO_x and dust from large power plants⁷⁴ lay down rules on the establishment and running of waste and power plants, lay down limit values for emissions of a number of substances, and set up monitoring methods. The orders require the environmental authorities to comply with the provisions under the orders when making decisions under the Environmental Protection Act, for example when issuing environmental permits.

5.4.2 Approvals, etc.

As mentioned in chapter 3, section 3.5.2, certain types of polluting enterprises, plants or activities⁷⁵ - entered on the list on activities to be approved⁷⁶ - cannot be established or commenced without prior approval from the environmental authority. Such an approval is called environmental permit. Neither shall they be extended or modified without prior approval if those extensions or modifications will result in increased pollution.

The environmental permit includes the prior approval of air polluting emissions and might include conditions laid down with the aim of reducing air pollution.

Furthermore, under the EPA, the environmental authority is authorised to lay down requirements on industry etc., that are not subject to environmental permit, including laying down conditions for emissions and ambient concentrations of air polluting substances. The requirements are laid down in prohibitions and orders.

Air pollution reducing conditions under environmental permits or under prohibitions and orders are primarily based on Guidelines on Limitation of Industrial Air Pollution.

5.4.3 Environmental impact assessment

Some activities are subject to Environmental Impact Assessment. Activities subject to EIA are listed in Order no. 428 of 2 June 1999 on supplementing rules under the Planning Act. The assessment includes an assessment of the harmful health and environmental effects of substances emitted to air.

EIAs are used as planning instruments and as a basis for approvals, permits, etc. under the different environmental acts, such as EPA. A number of the enterprises that are subject to environmental permit (corresponds largely to the IPPC-enterprises under the IPPC-directive), are also subject to EIA (the EIA-list corresponds to the list under the EIA-directive). An environmental permit cannot be issued before the environmental authority has approved theEIA.

5.4.4 Monitoring instruments

The Danish National Environmental Research Institute (NERI)⁷⁷ is responsible for the two nation-wide air quality networks in Denmark - the urban network (LMP) and the background network (BOP).

LMP comprises an urban monitoring network with stations in three Danish cities (Copenhagen, Odense and Aalborg, and from 2000 also Aarhus). The results are used for assessment of the air pollution in Danish cities. Following substances are measured: NO, NO₂, SO₂, CO, O₃ , particles and heavy metals. The results are currently published in quarterly reports⁷⁸. A permanent smog warning system including NO₂ and O₃ was set up in 1994.

BOP assembles information on nutrient input to the aquatic systems. Measurement is performed at 8 different locations. These locations are selected to represent coastal and island based areas and inland areas. The samples are analysed for their content of nutrients and metal ions. Further-more, 7 stations are equipped with filter pack samplers to collect compounds in gas or in particle phase. The results are currently published in an annual report.

LMP has been revised in 2000 in order to fulfil the requirements to assess ambient air quality as laid down in Dir. 96/62/EC of 27 September 1996 on ambient air quality assessment and management (Air Quality Framework Directive) and the attached daughter directives.

The Air Quality Framework Directive requires Member States to ensure that a plan or programme is prepared for attaining the limit values within specific time limits in zones where levels are higher than the limit values. Further, it requires, in the event that the alert thresholds are exceeded, that Member States shall undertake to ensure that the necessary steps are taken to inform the public.

5.4.5 Planning instruments

Major power plants are regulated through county approvals on environmental impact assessments and environmental permits of the plants.

Traffic 2005 (1993) and the Danish Government's Action Plan to Reduce the CO₂ Emissions of Transport (1996); Energy 21 (1996), the Aquatic Environment Plans I and II (1987 and 1998) are all administrative planning instruments aiming at defining goals and instruments with the aim of combating air pollution.

5.4.6 Environmental agreements

In 1994, an environmental contract for reducing the emissions of VOCs was made between the Confederation of Danish Industries and the Minister. The character of the contract is primarily that of an action plan for the relevant branches. It is based on technical statements about the possible technical and economic barriers to reduction. For the industry the advantage of this contract lies precisely in the contract itself, as DEPA promised, already in 1989, not to raise the threshold limits for VOCs in air quality guidelines if the industry would prepare a plan for substantial reduction of VOC emissions by the year 2000.

5.4.7 Quotas

Emissions on SO₂ and NO_x are regulated through a quota system for the power plants. Every year the amount of permissible SO₂ and NO_x emissions is set up for the major power plants.

5.4.8 Economic instruments

For economic instruments aiming at reducing polluting emissions to air please refer to chapter 3. Product taxes/charges are laid down to reduce air pollution on vehicles, fuels and certain substances. There are taxes on the content of sulphur in fuels; annual vehicle taxes related to the level of air pollution from each type of vehicle; CFC tax; CO₂ tax; and tax on chlorinated solvents.

5.5 Actors

The primary actors concerning regulation of air pollution are listed in Table 5.7. For general descriptions of the mentioned actors please refer to chapter 3.

Table 5.7
Actors, roles and responsibilities concerning air pollution

5.6 Evaluation

The overall goal in relation to air quality is to achieve a quality without any adverse health effects to the public. Because of the present levels of air pollutants a more realistic objective of today, however, is to further reduce the levels of "classical air pollutants" in order to minimise any harmful impact on public health. For several pollutants it has not been possible to identify lower thresholds for effects e.g. for particulate matter and ozone as well as for carcinogens such as benzene and Benzo(a)pyrene. Based on international studies, the observed levels of fine particles (PM_2.5) and ozone in Denmark would imply significantly increased mortality and illness among sensitive groups: persons with existing respiratory illnesses and persons with heart disease. These groups make up a substantial fraction of the population. The level of these health impacts is only roughly estimated in Denmark, because there has been limited Danish research on this, and monitoring of fine particles has not even started in Denmark.

The average daily human exposure to dioxins in Denmark is also in recent Danish studies estimated to exceed the WHO guideline for tolerable daily intake, but is not clear to which extent such an exposure level contribute to effects in the Danish population.

That fact that current air pollution levels seems to imply significant health effects in the population indicates that the level of protection is considerably lower than for soil and water pollution. In these other media, limit values are set considerable below effects levels, and there are mandatory actions to remove the problem if limit values are exceeded. The EU framework directive on air quality management requires only planning to attain the ambient air quality limit values where they are exceeded, without specifying mandatory actions to take.

Reduction of fine particulate pollution will be a significant challenge in the coming years. The limited observations of PM₁₀ indicate that the EU limit values for PM_10, which will become effective in 2005 and 2010, are presently exceeded in Copenhagen. International experience indicates that particulate levels will be very difficult to reduce.

The occurrence of high ozone levels in Denmark is usually associated with transport of photochemical pollution from areas south of Denmark. Reduction of health impacts from ozone in Denmark will thus require a concerted effort throughout a large part of Europe. Fine particles are also transported long distances, which will also make control of fine particulate pollution in Denmark dependent on control in other countries.

Ultrafine particles have recently received a lot of attention in health impact research, and indications are that these tiny particles have a large impact on health. Research measurements of ultrafine particles have begun in Denmark, but there is not yet international consensus on standard measurement techniques for ultrafine particles. Further assessment of the effects of these particles is a challenge for the future.

There is a general trend of air pollution concentrations being lowered. Ambient levels of most of the primary air pollutants have been declining over the past decade due to improvements in energy production and the requirement of catalytic converters on new cars since 1990. However, the decline of NO₂ in urban areas has been rather weak, as the ozone concentration is the determining factor. The coming improvements in EU vehicle emission standards, fuel quality standards, plus required improvements at large industries in the EU, will continue to generally lower emissions, in spite of increasing vehicular traffic in Denmark.

It is generally accepted that industrial emissions of air pollutants is well regulated as the result of an effective approval (permit) system which has essentially achieved mandatory requirements for limitation of industrial emissions and the resulting ambient concentrations. The C-values and associated emission limits in this system have been established based on health risk assessments of each specific substance.

The new and planned EU air quality directives, and related vehicle, fuel and industrial directives, will establish consistent limit values for additional pollutants, and vehicle and large-industry requirements in all EU member states. These directives will provide continued reductions in the transboundary pollution that has health impacts in Denmark. The possibility and the need for further reduction of limit values should be regularly reviewed, as well as the need for limit values on additional pollutants, such as ultrafine particles.

It is vital to obtain a better characterisation of the different size fractions of ambient particulate pollution, and the exposure and impact on the population. There is also a need for increased knowledge of techniques for reduction of particle emissions from the various sources, such as filters on diesel vehicles. There is a need for further research on sources of dioxin and substances with similar properties and on the possibilities for further control and reduction of these pollutants.

5.7 References

Centers for Disease Control and Prevention (2000): "1,3-Butadiene ATSDR Fact Sheet" (http://aepo-xdv-www.epo.cdc.gov/
wonder/prevguid/p0000463-/p0000463.htm).

DEPA (1992): "Industrial Air Pollution Control Guidelines". Vejledning fra Miljøstyrelsen Nr. 9.

DEPA (1995): "Nationale og industrielle emissioner af 38 stoffer". (National and industrial emissions of 38 substances.) Working Report no. 64, Danish Environmental Protection Agency.

DEPA (2000): "Flow analysis for Dioxins in Denmark". by E. Hansen and S. Skårup. Environmental Project no. 570, Danish Environmental Protection Agency.

HEI (2000): "1,3-Butadiene: Cancer, Mutations, and Adducts". Research Report No. 92, by Rogene F. Henderson, Leslie Recio, Vernon E. Walker, Ian A. Blair, James A. Swenberg. Health Effects Institute (HEI), Cambridge, Massachusetts, March 2000, 234 pp. http://www.healtheffects.org/Pubs/Butadiene-S.pdf

Karsten Revsbech (1999): "Lærebog i miljøret" (Textbook in Environmental Law).

Ludwig Krämer (2000): "EC Environmental Law".

Larsen, P.B. et al. (1997): "Sundhedsmæssig vurdering af luftforurening fra vejtrafik" (Evaluation of the health impacts of air pollution from road traffic). Miljøprojekt nr. 352, Miljøstyrelsen.

Larsen, P.B. (1999): "Hvordan vurderer Miljøstyrelsen effekten af luftforurening" (How the Danish EPA assesses the effect of air pollution). Kontoret for Biocid- og Kemikalievurdering, Miljøstyrelsen. Paper presented at the IDA Meeting, 4 November 1999, 7 pp.

Ministry of Environment and Energy (1999): "The Danish Nature and Environment Policy".

Ministry of Environment and Energy (1993 and 1999): "EU, Denmark and the Environment", paper to be found on http://www.mst.dk/199909publikat/87-7909-412-0/helepubl.htm.

Ministry of Environment and Energy (1999): Natur- og Miljøpolitisk Redegørelse 1999, afsnit 15.1.3 Indeklima og luftforurening, Miljø- og Energiministeriet, http://www.mem.dk/publikationer/nmpr99/kapitel15.htm - 15.1.3.

Ministry of Environment and Energy (2000a): "Partikler" (Particles). Draft internal working paper of the Interministerial Working Group on Air Pollution, Ministry of Energy and Environment and the National Health Agency (Sundhedstyrelsen), 7 August 2000, 20 pages.

Ministry of Environment and Energy (2000b): "Ozon" [ozone]. Draft internal working paper of the Interministerial Working Group on Air Pollution ("luftgruppen"), Ministry of Energy and Environment and the National Health Agency (Sundhedstyrelsen), 8 August 2000, 14 pages.

Kemp, K, and F. Palmgren (1999): "The Danish Air Quality Monitoring Programme; Annual report for 1998". NERI Technical Report No. 296. National Environmental Research Institute.

NERI (2000): "The Danish Urban Air Quality Network" (LMP)  (http://www.dmu.dk/AtmosphericEnvironment/aq_besk/lmp.htm)

Finn Palmgren, Peter Wåhlin, Ruwim Berkowicz & Ole Hertel (1999): "Ultrafine partikler - luftforurening fra trafikken og befolkningseksponering". Paper presented at the conference Dansk Miljøforskning 1999.  (http://www.dmu.dk/miljoekonference1999/online/abstracts.htm)

Peter Wåhlin, Finn Palmgren and Rita van Dingenen (1999). Experimental Studies of Ultrafine Particles in Streets and the Relationship to Traffic. Poster presentation. Presented at "International Conference: Air Quality in Europe: Challenges for the 2000s" Venice 19-21 May 1999. Poster to be submitted as paper in a special number of Atmospheric Environment. (http://www.dmu.dk/atmosphericenvironment/docs/particles.htm)

WHO (2000): "Guidelines for Air Quality". (http://www.who.int/peh/air/Airqualitygd.htm)

WHO (1994): "Update and revision of the air quality guidelines for Europe, meeting of the working group "classical" air pollutants", Bilthoven, The Netherlands 11-14 October 1994, WHO Regional Office, Copenhagen 1995.

WHO (1996): "Particulate matter". World Health Organisation Air Quality Guidelines for Europe 1996. Final edited draft, September 1997.

Danish legislation

Environmental Protection Act, cf. Consolidated Act no. 698 of 22 September 1998 and subsequent amendments.

Act on Chemical Substances and Products, cf. Consolidation Act no. 21 of 16 January 1996 and subsequent amendments.

Statutory order no. 836 of 10 December 1986 on limit values for the content of SO₂ and particles in ambient air;

Statutory order no. 119 of 12 March 1987 on limit values for the content of NO₂ in ambient air.

Statutory order no. 184 of 11 March 1994 on monitoring and assessing the content of ozone in ambient air.

Statutory order no. 660 of 11 august 1997 on approval etc. of waste combustion plants.

Statutory order no. 41 of 14 January on waste combustion plants.

Statutory order no. 689 of 15 October 1998 on reduction of emissions of SO₂, NO_x and dust from large power plants.

Statutory order no. 792 of 15 December 1988 on reduction of emissions of asbestos to ambient air from industrial plants.

Statutory order no. 529 of 25 June 1999 on the quality of petrol and diesel oil for vehicles etc.

Statutory order no. 922 of 5 December 1997 on environmental requirements when establishing and running a garage, etc.

Statutory order no. 643 of 28 July 1997 on reduction of discharges of vapour when filling up the automobile tank with petrol.

Statutory order no. 667 of 14 September 1998 on reduction of air polluting emissions from mobile off-roaders.

Statutory order no. 852 of 11 November 1995 on reduction of discharges of vapour when storing and distributing petrol.

Statutory order no. 185 of 15 May 1981 on spraying with chemical substances from aeroplanes.

Statutory order no. 974 of 13 December 1995 on the use of ozone depleting substances.

Statutory order no. 807 of 25 October 1999 on activities to be approved by the environmental authority.

Guideline no. 6/1990 on Limitation of Industrial Air Pollution.

Guideline no. 9/1992, Industrial Air Pollution Control Guidelines.

Guideline no. 4/1985 on Industrial Odour Control.

Guideline no. 15/1996, B-værdier.

EU legislation

Directive 1999/13/EEC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations.

Directive 96/92/EEC of 27 September 1996 on ambient air quality assessment and management (Air Quality Framework Directive)

Directive 99/30/EEC on limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead in ambient air. (the first daughter directive).

Directive 92/72/EEC of 21 September 1992 on pollution of ozone.

Directive 89/369/EEC of 8 June 1989 on prevention of air pollution from municipality waste combustion plants.

Directive 89/429/EEC of 21 June 1989 on reduction of air pollution from existing municipality waste combustion plants.

Directive 88/609/EEC on reduction of certain air polluting emissions from large power plants.

Directive 87/217/EEC of 19 March on prevention of pollution of asbestos.

Directive 98/70/EEC of 13 October on the quality of petrol and diesel oil, and

amendment of directive 93/12.

Directive 97/68/EEC of 16 December 1997.

Directive 94/63 of 20 December 1994 on prevention of emissions of VOCs when storing and distributing petrol from terminals and gas stations.

International accords

The 1985 Vienna Convention for the Protection of the Ozone Layer, including the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer;

The 1979 Convention on Long-range Transboundary Air Pollution and its Protocols:

	the 1984 Protocol on the Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of Long-range Transboundary Air Pollution
	the 1988 Protocol on the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes
	the 1991 Protocol on the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes
	the 1994 Protocol on Further Reduction of Sulphur Emissions
	the 1998 Protocol on Heavy Metals
	the 1998 Protocol on Persistent Organic Pollutants
	the 1999 Protocol on Long-range Transboundary Air Pollution to Abate Acidification, Eutrofication and Ground-level Ozone.

The Vienna Declaration and the Programme of Joint Action adopted by the UN/ECE Regional Conference on Transport and the Environment at the Ministerial Level, 1997.

Charter on Transport, Environment and Health at the WHO Third Ministerial Conference on Environment and Health, 1999.

6 Soil

Soil is the media for the production of food and clothing materials and the reservoir of drinking water. It is also the media on which we settle to live. Therefore, a clean soil environment is essential to human health.

The soil is constantly influenced by human activities in the form of agriculture, industrial activity, extraction of various minerals, landfills, deposition of airborne pollutants from heat and power production, industrial activities, traffic, waste incineration etc. Deterioration of the soil quality or contamination with chemical substances harmful to human health may be the consequence of this influence.

Apart from deliberate soil treatments and depositions (e.g. use of pesticides and deposition of waste in dumpsites), the influence is mainly an undesired result of a large range of activities, which include both effects from spillage and leakage of chemicals and deposition of airborne contaminants.

This chapter will focus on the regulations connected to environmental factors in soil, which potentially have an impact on human health.

6.1 Human exposure to environmental factors

6.1.1 Environmental factors

Environmental factors in soil are numerous. The primary factors of concern in Denmark are summarised in table 6.1.

Table 6.1
Summary of the origin, characteristics and health impacts of critical soil pollutants.

Environmental factor	Origin and characteristics	Potential Health Impact
Heavy metals e.g. lead	Deposition of emissions from industrial activities and traffic. Lead primarily originates from traffic exhaust due to prior use of leaded petrol	Lead is a neurotoxicant causing impaired IQ, impaired concentration, hyperactivity. Children are considered a special risk group in relation to lead exposure and adverse effect
Polyaromatic hydrocarbons (PAH) e.g. Benzo(a)pyrene (BaP)	Deposition of airborne PAH´s primarily emitted from traffic. PAH’s in the soil may also stem from spillages and deposition of tar products (tar and asphalt production, gasworks, impregnation of ropes and fishing net, wood preservation, tar paper production, etc.)	Potent carcinogenic substances in relation to oral, dermal and inhalational exposure
Chlorinated solvents (tetrachloroethylene, tetrachloromethane, 1,1,1 trichloroethane, trichloroethylene)	Used for degreasing in metal manufacturing processes and dry-cleaning. Also used in some tanning activities, paint production etc.	Carcinogenic effects Organ toxicity (kidney, liver) Neurotoxicity
Aromatics (benzene, toluene, ethylbenzene and xylene, C9-C10-aromatics)	Leakage from fuel storage and handling, and spillage related to the production of glues, paints, solvents etc.	Carcinogen (benzene) Neurotoxicity Odour at low levels
MTBE (methyl-tert-butyl-ether)	Additive in gasoline	Liver and kidney toxicity Carcinogenic effects found in animal experiments at high exposure level Odour at low levels
Pesticides/biocides	Pesticides/biocides are frequently identified in water abstraction borings. Both point sources (spillage) and treatment of farmland and other areas are considered to cause groundwater contamination.	May embrace: Acute toxic effects Neurotoxic effects Carcinogenic/ mutagenic effects Repro-toxic effects Neurotoxic effects
Phenols	About 10 % of tar consist of phenols. Phenols in the soil environment are therefore mainly related to tar handling activities. Clorinated phenol is a by-product from pesticide production.	Acute toxic Organ toxicity (lungs, heart, liver, kidneys, blood) Carcinogenic effects Odour at low levels

6.1.2 Sources of pollutants

Point Sources

Much soil is contaminated due to former land use. Industrial and trade activities have over time lead to a large number of contaminated sites. Inappropriate handling of chemical substances and oil-products has caused spillage and leakage of chemicals and oil-products to the soil environment within a wide range of activities:

Production of chemical products, e.g.

	pesticides and biocides
	pharmaceutical industry

Heat and power production, e.g.

	gasworks
	power stations

Manufacturing processes where chemicals are used as ancillary materials, e.g.

	metal industries
	tanning
	dyeing

Final consumption of chemical substances, e.g.

	dry-cleaning
	tarring of fishing net
	wood preservation

Other contamination of soil has occurred in connection with storage of liquid fuels related to petrol retail sales and depots, industrial and trade activities (e.g. tile works and glass production) and oil-heated private homes.

Most of these sites are situated in urban areas, which implies that a part of the population potentially may be affected by problems arising from contaminated soil. Furthermore, many residences have been built on such sites at a time when general acknowledgement of soil contamination was lacking, and therefore may be without any protection against the harmful substances.

The total number of sites that can be affected of former industrial and other polluting activities is estimated to include about 30,000 of which 14,000 are expected to be contaminated. The counties have identified most of these sites since the first legislation came into force in 1983. Public investigations of about 8,000 have lead to the registration of about 6,000 sites of which about 1,400 have been deregistered or released for specific use. As per 31/12 1999 the total number of registered contaminated sites in Denmark amounted to 4,940.

Of these 4,940 sites, 1,830 are prioritised sites expected to be included in the public clean-up effort. 617 sites hereof are used for housing or similar, 1,022 are sites that threaten the groundwater and are situated in particularly valuable water abstraction areas, and the remaining 191 sites are both threatening the groundwater in particularly valuable water abstraction areas and used for housing purposes.

In 1999 1,115 sites were cleaned up. 79 projects were financed by public funds, 570 sites were subjected to voluntary clean-up, and 506 sites were cleaned up under other schemes, primarily the scheme of the Oil Industry’s Environmental Fund.

Furthermore, the deposition of industrial and domestic waste taking place prior to the regulation of waste deposition has resulted in nearly 2,000 contaminated sites (of which the majority are included in the above mentioned registered contaminated sites). Most of the dumpsites contain organic materials producing inflammable gasses (primarily methane), which might pose a risk for explosion when migrating into houses. Such a case with fatal outcomes has occurred in Denmark.

Diffuse sources

Agriculture

The intensive exploitation of agricultural land affects the quality of the soil. Farmland is affected by the application of pesticides and by the spreading of sludge and fertilisers. About 20,000 km² are cultivated in Denmark. It is estimated that the annual treatment of farmland with sludge affects about 300 km². The application of pesticides to farmland is mainly considered being a problem due to the risk of leaching to surface- and groundwater. However, the use of sludge may lead to the accumulation of heavy metals in the topsoil, which can be a direct or indirect source of human exposure.

Diffuse airborne contamination

The soil quality, especially in urban areas, is affected by diffuse airborne contamination due to emissions from traffic and incineration of waste and combustion of fuels for heat and power production. The influence of airborne pollutants has resulted in diffuse contamination of large districts in urban areas. Some of these are considered to pose a risk to humans (in particular children) due to the content of heavy metals (primarily lead) and poly-aromatic hydrocarbons (PAH) in the topsoil. A total area of up to 200 km² is expected to be affected by the deposition of airborne pollution. Out of these, approximately 20 km² are estimated to be used for sensitive land use such as housing, kindergartens and public playgrounds.

Uncontrolled disposal of contaminated soil

Finally, uncontrolled use and disposal of soil has lead to spreading of contaminated soil, notably in gravel pits, agricultural lands and in urban areas.

6.1.3 Human exposure

The extent of human exposure to environmental factors (harmful chemical substances) from soil depends on the land use, the concentrations in the soil media, and the risk of contamination of other environmental media (groundwater and air).

The ways of exposure to environmental factors from the soil environment can be divided into direct exposure and indirect exposure.

Direct exposure to substances in the soil:

	Ingestion of soil particles/dust
	Skin contact
	Inhalation of soil/dust particles
	Inhalation of substances evaporated from soil (especially indoor climate)

Indirect exposure:

	Ingestion of contaminated crops from contaminated land
	Ingestion of contaminated animal foodstuffs deriving from livestock on contaminated land
	Through contaminated drinking water (ingest, skin contact, inhalation of aerosols) (see chapter 7)
	Through contaminated fish
	Through bathing water (see chapter 8)
	Through clothing materials originating from agriculture like flax and cotton (no such production takes place in Denmark)

In Denmark, the most significant exposure routes in relation to regulatory measures are generally considered to be

	Ingestion of soil (children)
	Skin contact with soil
	Inhalation of vapours (evaporation into indoor climate)
	Ingestion of drinking water
	Ingestion of crops from contaminated soil

Risk management are based on these exposure routes, as the soil quality criteria are derived with respect to the direct exposure to soil (ingestion and/ or skin contact with soil), the air quality criteria are related to the evaporation from soil to indoor air and drinking water quality criteria are related to ingestion of drinking water. Only few soil quality criteria (e.g. DDT and cadmium) have been derived to account for contamination of crops and the following exposure through consumption hereof.

Primary exposure routes are summarised in figure 6.1.

Figure 6.1
Ways of human exposure to environmental factors in soil

6.2 Level of protection

The level of protection is primarily determined by guidelines for risk assessment and by use of health based quality criteria. The purpose is to prevent any health hazards in the human population caused by chemicals as pollutants. In order to fulfil this objective the precautionary principle is used in risk assessment, in derivation of health based quality criteria using safety factors and in designing the level of protection to the most sensitive target group: Small children. The resulting level of protection is considered high compared on an international scale as elaborated in the following sections.

6.2.1 Risk assessment

In November 1998, a guideline on Remediation of Contaminated Sites was issued (DEPA 1998.). It provides a detailed description of the management of contaminated sites including guidelines for risk assessment, field survey methods, collection of samples, site characterisation, and implementation and control of remedial actions.

Guidance for risk assessment is an important tool in evaluation of soil contamination because the routes of human exposure are complex. The risk assessments concerning contaminated soil are primarily aimed at:

	Risk of ingestion of contaminated soil and/or skin contact
	Risk of contamination of ground-/ drinking water
	Risk of evaporation to indoor air

Usually, risk assessments are based on contaminant concentrations, comparing them with the quality criteria for soil, groundwater/drinking water or air. If the concentration level of a specific contaminant is found to exceed the relevant criterion, the contamination of the site is considered unacceptably high (if the concentration is at the same level as the quality criteria, further evaluations may be necessary). This will result, either in further field investigations to improve the initial risk estimate, in restrictions on landuse, or in remedial action.

Assessing the risk of soil ingest, skin contact and inhalation of dust particles is based on the landuse and the accessibility of the contaminated soil to human exposure (e.g. is the contaminated soil accessible or covered by clean soil, grass, pavement etc.).

Humans are especially exposed to injurious substances on lands used for sensitive purposes like playgrounds, day-care centres and residential gardens including household gardens. Especially children are at risk as they often come into close contact with the soil and often ingest soil directly (small children) or become exposed via contaminated toys and fingers. Moreover, some substances exert their toxic effects via absorption through the skin.

Sites registered in the Danish Inventory of Contaminated Sites are prioritised according to the need for remediation. Since nearly all drinking water in Denmark derives from groundwater, groundwater protection has a very high priority. Quality criteria for groundwater shall thus ensure that the water, when it reaches the consumer, complies with the drinking water quality criteria. Generally, lower priority is given to surface water.

Assessing the risk of ground water contamination is based on calculations of contaminant transport by infiltration. The most significant factors in the calculations are as follows:

The contamination scenario, i.e. type of substance (mobility/ degradability and other substance characteristics) as well as the contaminant concentration and area.

Geology and hydrogeology, i.e. types of sediment (clay/sand/lime, organic content, hydraulic conductivity, effective porosity), net precipitation/ groundwater formation, groundwater gradient, pressure gradient between the secondary and the primary aquifer, as well as redox conditions.

The risk assessment is based on the principle that the groundwater zone containing the highest concentration must comply with the drinking water/ groundwater quality criteria.

Assessing the risks from volatile soil contamination in relation to indoor air is based on calculations of contaminant transport by diffusion through pore spaces in the unsaturated zone and transport by convection into buildings through diffusion and gaps in concrete floors. If the estimated contaminant concentration in indoor air exceeds the air quality criterion, the contamination is considered unacceptable.

6.2.2 Quality criteria

For the guidance of public authorities the Danish EPA has laid down provisions as to the quality of soil, air and water. For the protection of human health, the quality criteria for chemical pollutants are set at a level at which exposure to the media is not considered to have any adverse effect on human health. That means that the level of the quality criteria is considered to represent a safety level. Thus, when a quality criteria is exceeded to a minor extent it does not mean that a danger level is reached, rather it should be interpreted as an undesirable reduction of the safety level.

Soil quality criteria are derived to protect against harmful effects from direct exposure to soil. In parallel to this, air quality criteria are derived to account for the evaporation of volatile contaminants into indoor air, and ground water/ drinking water quality criteria are used in connection with wash-out and contamination of the groundwater. The contamination is judged tolerable if none of the relevant media oriented quality criteria is exceeded. If for example a contamination is at or below the level of the soil quality criteria, then the area can be used for most sensitive uses. If, at the same time, the contamination level in groundwater is exceeding the ground water quality criteria, then the contamination is considered unacceptable in relation to protection of the groundwater. Thus, compliance to the soil quality criteria does not automatically secure the contamination of the other media i.e. the degree of evaporation to indoor air or the wash out into the groundwater. Criteria values have been published in the guideline on Remediation of Contaminated Sites (DEPA 1998) and in a report on toxicological quality criteria (DEPA 1995). An updated compilation of the specific quality criteria is given in Appendix 1.

Soil quality criteria

Soil quality criteria are derived with respect to the most sensitive uses of the soil i.e. use for domestic gardens, kindergartens or playgrounds. The intention is to protect small children, as children is considered to be the most heavily exposed group (ingestion of soil, hand - mouth contact), but also because children for several chemical pollutants may be more biological susceptible than adults. The calculation of the soil quality criteria is based on a standard scenario consisting of a child weighing 10 kg who ingests 0,2 g soil per day as an average. For acutely toxic substances, isolated ingestion of 10 g of soil is considered. Average skin contact is set to 1g soil to consider substances with high skin permeability. Another issue in the setting of soil quality criteria is the bioavailability of the substance from the soil. For most substances very little is known and only in one specific case (the quality criteria for nickel) data concerning bioavailablity have been used and influenced the final value. For further details, see Appendix 1, where principles and further details in connection with the calculation of health based quality criteria are described.

In urban areas, the quality criteria is generally exceeded for several substances (especially lead and PAH's). Therefore, a new type of guideline value for soil used for sensitive purposes is introduced. It is called the "cut off value". If the cut off value is exceeded at sites used for residential use, childcare institutions or public playgrounds, remediation must be performed. If the concentration of a contaminant is in the range between the cut off value and the quality criteria, and the site is used for sensitive purposes, the local authorities inform and advise the public, the landowner and the users of the site. The purpose is to establish hygienic measures and soil-exposure reduction measures in order to reduce the actual exposure and thereby obtain the same level of protection as normally obtained at the soil quality criteria. This is called the "advice to residents interval" as illustrated in figure 6.2. The main principle is to avoid bare soil surfaces that otherwise could lead to direct soil exposure of children, and advice is given on measures to avoid bare soil. This also has the consequence that, although investigations has shown that only minor amount of contaminants can be measured in vegetables grown in slightly contaminated soil, it is recommended not to grow vegetables in contaminated soil, because it is nearly impossible to grow them without having bare soil, which could lead to exposure of humans, especially children.

Figure 6.2
Relationship between soil quality criteria and cut off value.

Cut off values can only be used for immobile and rather persistent chemicals and are only set for 10 metals and polyaromatic hydrocarbons.

Examples of quality criteria for soil and cut off values are summarised in table 6.2.

Table 6.2
Topsoil quality criteria for sensitive landuse and cut off values. All units are in mg/kg dry weight.

It should be noticed, that the cut off value and the quality criteria are identical in cases where the quality criteria have been set in order to protect against acute toxic effects, whereas the cut off value may be up to ten times higher than the quality criteria in cases where the soil quality criteria are set to protect against toxic effects from chronic exposure. The rationale for this is that information to the public and risk reduction measures in general are considered to have an effect in reducing the average exposure of the children. However, these measures may not necessarily secure against single occasions with high oral soil exposure. That means that the cut off value can not be increased compared to the quality criteria, if acute toxic effects have been the basis for the setting of the soil quality criteria.

Quality criteria for evaporation

Assessing the risks from volatile soil contamination in relation to indoor air is based on calculations of contaminant transport by diffusion through pore spaces in the unsaturated soil zone and transport by convection into buildings through diffusion and gaps in concrete floors. If the actual geological and building parameters are not known, standard parameters are used (DEPA 1998). If the estimated contribution to indoor air from evaporation from soil exceeds the air quality criterion for evaporation, the contamination is considered unacceptable.

Danish air quality criteria for evaporation is summarised in Appendix 1. The air quality criteria are also used in outdoor air as emission values to control the emission from industry (see section 5.2.1).

Quality criteria for ground water/ drinking water

The objective is to protect groundwater as a drinking water resource, irrespective of whether abstraction borings are located in the area or not. Drinking water is dealt with in chapter 7 and quality criteria for groundwater/ drinking water are presented in Appendix 1.

Quality standards for waste products

Some provisions have been laid down on the use of sludge, sewage, compost, ash from biomass and other waste products for agricultural purposes (Statutory Order on Sludge no. 49 of 20 January 2000 and Statutory Order on Bioash no. 39 of 20 January 2000). These regulations define certain quality standards for the maximum concentration of organic contaminants and heavy metals in waste products to be distributed on agricultural land. These Danish quality standards are substantially lower than given in the EU Directive on Sludge (86/278/EEC), which further more only covers sludge and only gives quality standards for heavy metals.

The concentration of heavy metals in soil may not exceed certain contents if waste products shall be applied. The quality criteria for agricultural soil are defined for seven heavy metals.

Table 6.3
Quality criteria for agricultural soil treated with waste products. All units are in mg/kg dry weight.

Source: Statutory Order no. 49 of 20 January 2000 on use of waste products for agricultural and related purposes. (the "Sludge Order").

6.3 Regulation and strategy

6.3.1 Objectives and principles

The primary objective of regulation on contaminated soil is to prevent, eliminate or reduce soil contamination and to hinder or prevent harmful impact of soil contamination on human health, groundwater and the general environment. The precautionary principle is used both in setting quality criteria (principles are explained in appendix 1) and in guidelines for performing risk assessments.

In the early 1970s, authorities in Denmark became aware of the potential problems with some contaminated sites, especially landfills containing chemical waste. The uncovering of buried waste in a number of cases during the 1970s led to enactment of the first legislation dealing with contaminated sites (The Chemical Waste Deposit Act of 1983). During the 1980s it also became clear that landfills containing household waste, and industrial activities, could pose a risk to man and the environment. As a consequence the legislation was revised (The Waste Deposit Act of 1990) in order to include all types of contaminants. Realising that contamination could also result from airborne and other diffuse sources, the Soil Contamination Act was adopted in 1999. Thus, the Soil Contamination Act covers all contamination in soils, irrespective of the time and place of contamination.

However, the act does not apply to soil affected by agricultural application of sludge, fertiliser, and pesticides, etc.

Preventive measures are primarily met in the permits required for any polluting activity as defined in chapter 5 of the Environmental Protection Act and in the incentives for application of cleaner technology. Similarly, rules are set up for regulation of storage of liquid fuels.

General preventive measures are also conducted in the regulation of the use of toxic chemical substances (lead additives in petrol, cadmium and mercury in batteries, chlorinated solvents etc.) and waste management (incineration, separation of waste products, recycling, etc.).

6.3.2 Legislation on soil contamination

The soil contamination act

The Soil Contamination Act⁸³ entered into force on 1 January 2000, for certain provisions under the act a bit later. The act replaces Act on Waste Deposits.

The Environmental Protection Act regulates the protection of the ground water. It prohibits the discharge of polluting substances on the ground. However, this is not sufficient as there are already a lot of existing waste deposits or areas where the soil is contaminated in Denmark, very often they are situated on areas where there is or have been industry or other polluting activities. The Act on Soil Contamination covers these problems.

Mapping of contaminated areas

In 1990, the counties systematically started investigating all sites that were being or had been used for activities presenting a potential contamination risk.

As a consequence of the Soil Contamination Act, a new system of mapping of contamination is introduced. According to the act, the county council shall carry out mapping, possibly through technical investigations, of contaminated areas in co-operation with the municipal council.

Soil management system

Before transporting soil from a property mapped as contaminated, or mapped as potentially contaminated (because it is in use or has been in use for activities that might contaminate the soil), a notification must be sent to the municipality. The municipality will – in case the municipality disagrees with the proposed disposal - instruct the applicant on how to dispose the soil and on the needed requirements for documentation of the soil quality.

Any receiver of soil excavated anywhere shall ensure that the soil does not harm the groundwater, human health, and the general environment.

Liability and payment of damages

Danish environmental legislation is based on the polluter pays principle. The liability for soil contamination can be considered as both a legal and an economic instrument. The consequences of soil contamination as to payment of damages and restoration can be solved in accordance with:

	The rules of prevention, protection and restoration laid down in the Environmental Protection Act and partly the Soil Contamination Act.
	The rules on administrative orders to the polluter laid down in the Soil Contamination Act.
	The liability law on damages outside of contract or in accordance with the basic legal principles on claims against defects at the sale of polluted real estate.

During the 1990s, several lawsuits revealed that strict liability for contaminated sites cannot be applied within Danish civil law. The Supreme Court ruled against the Ministry of the Environment and Energy in a number of cases where it could not be proved that the polluter was acting in bad faith at the time the pollution occurred. A ruling from the Supreme Court in 1992 states that the normal time limit for liability in cases of soil contamination is 20 years. As a consequence, a polluter cannot be held liable for contamination that took place more than 20 years ago, whether the polluter acted in bad faith or not. As a consequence, the Soil Contamination Act provides for a number of significantly strengthened enforcement powers, primarily to be applied in relation to pollution occurring after January 1, 2001.

The spreading of sludge and uses of fertilisers and pesticides in agriculture are regulated through statutory orders and through the Act on Chemical Substances and Products.

The registration (approval) and use of pesticides is regulated by the Act on Chemical Substances and Products and in more detail by the provisions of the Statutory Order on Pesticides (Statutory Order no. 241 of 27 April 1998 with revisions of 20 December 1998, 25 September 1999 and 5 May 2000). This legislation regulates which pesticides are permitted for use in Denmark and for what purposes, but does not define maximum levels of total loads or frequency of use of pesticides at field level for the approved purposes. Such general goals to reduce total agricultural pesticide consumption and use have been stipulated in the Pesticide Action Plans I and II passed by the Danish Parliament in 1987 and 1999, respectively.

Waste products such as municipal sewage sludge, industrial sludge and compost from domestic and industrial organic solid waste can, under certain preconditions, be used for fertilising and other soil amelioration purposes in agriculture, horticulture and forestry. Such uses of waste products are regulated by Statutory Order no. 49 of 20 January 2000 on use of waste products for agricultural and related purposes (the "Statutory Order on Sludge") in which maximum levels of 8 heavy metals (As, Cd, Cr, Cu, Hg, Ni, Pb, Zn) and 4 organic chemical contaminants (DEHP, LAS, NPE, PAH) as well as maximum application amounts are stipulated. Furthermore, the statutory order contains soil quality criteria that must not be exceeded as a result of the use of sludge or other waste products (manure and garden waste are not comprehended by the statutory order).

6.4 Instruments

6.4.1 Regulatory instruments

Norms

Quality criteria for soil, evaporation to indoor air and for groundwater/ drinking water, all aiming at the protection of human health, are among the primary regulatory instruments determining the level of human protection as described in section 6.2.2.

Enforcement notices to the polluter

The Soil Contamination Act defines a set of rules on enforcement notices to the polluter.

An enforcement notice on cleaning up pollution can be given by the municipal or county authority.

The concrete enforcement notice concerning the cleaning up of pollution is given to the polluter, and this can be given irrespective of how the pollution has happened. It is furthermore without importance whether the addressee of the enforcement notice owns the polluted premises. If more than one polluter is involved in pollution, a compliance order must be given to all of them. The authority, which has conducted a cleaning up, may sue the responsible persons and businesses for the costs of remedying environmental contamination.

If the addressee of the enforcement notice cannot freely dispose of the polluted premises, the authorities must give an enforcement notice to the person who can dispose of the real estate. He can be ordered to tolerate that cleaning up or other measures are taken at the cost of the polluter.

The enforcement notice must be registered on the real estate at the expenses of the addressee of the order. Enforcement notices concerning the operation of a business must be binding also to future entrepreneurs. An enforcement notice cannot be given if 30 years or more have elapsed from the time of ceasing of the activity, which caused the pollution.

Mapping of contaminated sites

As a consequence of the Soil Contamination Act, a new system of mapping of contamination is introduced. According to the act, the county council shall carry out mapping, possible through technical investigations, of contaminated areas in co-operation with the municipal council.

A site is mapped if it is contaminated or if it is highly probable that the site contains soil contamination that may have a harmful impact to humans and the environment. The information on the mapped sites is entered into the Land Register.

A guideline on Mapping of Contaminated Sites has been issued in 2000. It will provide a detailed description of the mapping procedures for contaminated sites and sites supposed to be affected by present or former uses or vicinity to other pollution sources.

Approval, obligation of notification, obligation to act, etc.

According to the definitions in the appendix to chapter 5 in the Environmental Protection Act, some activities need prior approval or permit before they can be carried out. Environmental and/or health related norms are typically laid down in approvals or permits to carry out a certain activity.

Some activities are permitted if they have been notified in advance - they do not need prior approval as such.

For some activities the entrepreneur shall notify the authorities if there is a risk for serious damage on environment or health.

Restrictions on land-use

Owners of sites mapped as contaminated (or potentially contaminated) are subjected to a number of restrictions on land use. Before initiating building or construction work on the site, an application should be sent to the regional council. A permit will often be given on the condition that the owner or user carries out the required pollution investigations on his own account. Building or construction permits relating to contaminated soil are not required for mapped industrial sites, if the use of the site is not changed. However, the municipal authorities must be notified if soil is removed from the site.

People who live in slightly contaminated areas will receive advice on soil-exposure reduction measures. A guideline "Advice to residents in slightly contaminated areas" has been issued in 2000. In the case of areas that are accessible for the general public it is possible to give an enforcement notice to the owner on measures to secure that contact with contaminated soil is avoided.

6.4.2 Economic instruments

With respect to contaminated soil, special economic instruments do not play a key role in the regulation of behaviour aimed at preventing soil contamination. However, the principle of liability can be considered as such, given the economic consequences for any polluter if soil pollution occur.

Taxes are used in two cases:

Pesticide taxes

With the aim of reducing pesticide use mainly in agriculture and public and private cleaning of roads and gardens, pesticides are now subject to taxation.

For information about the Pesticide tax, refer to chapter 10.

The revenue of these taxes is funding a research programme for the environ-mental and health effects of pesticides.

Water fund

Some clean-ups can be financed through the Water Fund provided for in taxes on drinking water with the double aim of protecting the limited water resources by reducing the drinking water consumption and funding of remedial actions on contaminated borings and water abstraction zones.

The Oil Industry’s Environmental Fund

In the wake of the energy crisis in 1973, a series of structural changes followed, take-overs, and rationalisations within the oil industry leading to close down of many petrol retail sites. In 1990, 6,000 retail sites had been closed down leaving an enormous remediation problem.

It was foreseen that enforcement notices to the owners could be in vain since no infringement of the environmental law had occurred, and which would involve the state to cover the expenses.

The amount of public money to be used for cleaning up contaminated soil was not large enough and consequently, the organisations of oil importers as well as retail dealers made in 1992 an agreement with the environmental authorities concerning voluntary clean-ups called "The Oil Industry’s Environmental Fund". The goal of this fund is to finance efforts to clean-up contaminated petrol retail sites. It is clearly assumed that all companies, whether or not they had an interest in utilising the environmental fund, will be covered by the contract. The assumption is justified by the relationships in the industry that no company could tolerate unequal competition. The consumers pay for the soil clean-ups through a price increase of 0.05 DKK/l. This produces an annual budget for investigation and/or remediation of approximately 300 sites.

In total 9,660 retail sites have been notified for clean-ups by the Fund. Of these 2,200 have been cleaned up until 1 August 2000.

Programme for Development of Technology – Soil and Groundwater Contamination

In 1996, a programme for development of clean-up and remediation technologies relating to soil and groundwater contamination was set up primarily to stimulate the public authorities to apply innovative methods and replace standard excavation and replacement of contaminated soil.

Since the programme was launched, about 60 projects have been initiated, half of them to support testing of different remediation technologies. The other half supports development projects dealing with different remediation technologies, or enhances general knowledge on soil contamination.

Insurance scheme for oil tanks used for domestic heating

A special rule has been introduced regarding owners of oil tanks with a capacity below 6,000 litres, used for domestic heating. Strict liability in these cases only applies if contamination takes place after March 1, 2000. These more strict rules on the responsibility of owners of private oil tanks are combined with a compulsory insurance programme. All the oil companies supplying heating oil have established a joint insurance scheme. All owners of oil tanks used for domestic heating with a capacity below 6,000 litres are automatically covered by the insurance scheme.

For oil contamination, which is not covered by the scheme, the authorities can issue enforcement notices to the owner of the oil tank.

Land depreciation scheme for remediation of contaminated residential properties

Frequently, soil pollution in itself has not only environmental impacts, it also has financial consequences. One of the biggest economic problems relating to contaminated soil is the number of sites which are registered as contaminated and the loss it represents for the landowners.

A special clean-up system for landowners was introduced in 1993 with the Act on Economic Blight to Family Housing on Contaminated Land (The Loss of Value Act). After the enforcement of the Soil Contamination Act, this clean up system is continued within the Act under the title "The Land depreciation Scheme for House Owners". By paying a minor contribution, the landowner can initiate a publically financed clean-up.

An annual average of about 40 properties have been cleaned up under the scheme since 1994.

6.5 Actors

The primary actors concerning the regulation of soil contamination are listed in table 6.4. For general descriptions of the mentioned actors please refer to chapter 3.

Table 6.4
Actors, roles and responsibilities concerning soil contamination.

6.6 Evaluation

The health-based regulation of soil contamination in Denmark has the objective to avoid any harmful impact on public health. In order to fulfil this objective the choice of risk assessment procedure and procedures for the derivation of health based soil quality criteria has been made considering the precautionary principle. Hence, the soil quality criteria are directed towards protection of the most vulnerable target group: Small children.

Except for a fatal case of explosion of landfill gas there are no recognised chases of harmful impact of soil contamination on public health. A great effort is invested in mapping of contaminated sites and in remediation and/or exposure prevention once contamination is recognised, following the above principles. However, there is a time lag before all potentially contaminated sites are investigated and human exposure prevented, and new contamination cases will eventually appear. Mapping of contamination from diffuse sources is furthermore by nature more difficult, especially in urban areas, but also in agricultural soils (e.g. originating from soil treatments with pesticides, fertilisers or waste products). Therefore it is possible that some human exposure occur above the levels set out in the regulation, but this risk is minimised by the mapping priorities, starting with sites with the most sensitive land-use such as residential use, childcare institutions or public playgrounds or sites where groundwater is threatened. Furthermore, limited exceeding of the soil quality criteria is not considered to endanger human health, but should rather be considered as an undesired reduction in safety margin.

Important challenges are therefore to optimise the mapping and remediation with respect to human health and groundwater protection also taking diffuse contamination into account. Risk communication is also an important tool in minimising human exposure and the sense of insecurity that may follow. Furthermore, prevention of new soil contamination is a prime issue in establishment of new installations and in control of the existing.

New health related issues concerning soil contamination will inevitably occur in the future, related to new sources of contamination or new knowledge of human health effects of chemicals. Another trend to be aware of is the increasing use of waste products as fertilisers on agricultural soils, which will introduce a broad spectrum of chemicals to the soil of which we do not presently know enough about fate and possible human effects.

Based on our present knowledge, the regulation in broad terms seems to be sufficient to obtain the objective of preventing harmful impacts on public health.

It is important to gain new knowledge on remediation techniques and exposure prevention in order to optimise the use of the economic resources. Also more knowledge on fate, mobility, bio-availability and human effects of chemicals from soil contamination are needed in order to confirm and secure the high level of protection.

6.7 References

DEPA (1998): "Remediation of contaminated sites, guideline no. 6".

DEPA (1995): "Toxicological quality criteria for soil and groundwater, report no. 12".

DEPA (2000): "Advice to residents in slightly contaminated areas, guideline no 7/2000".

DEPA (2000): "Mapping of contaminated areas, guideline (draft)/2000".

Act no. 370 of 2 June 1999 on Soil Contamination.

Act no. 256 of 12 June 2000 amending the act on Chemical Substances and Products.

Act no. 698 of 22 September 1998 on Environmental Protection

Statutory Order no. 39 of 20 January 2000 on use of ash from gasification and combustion of biomass and biomass waste for agricultural and related purposes (the "Statutory Order on bioash")

Statutory Order no. 49 of 20 January 2000 on use of waste products for agricultural and related purposes (the "Statutory Order on Sludge")

Statutory Order no. 829 of 24 October 1999 on application, establishment and operation of oil tanks, tubing and pipelines.

Statutory Order no. 241 of 27 April 1998 on Pesticides (with revisions of 20 December 1998, 25 September 1999 and 5 May 2000).

The Food Directorate's Statutory Order no. 659 of 14 July 1997 on maximum residue levels of pesticides.

Directive 86/278/EEC (1986): "On protection of the environment, especially the soil, in connection with use of sludge from wastewater treatment plants for agricultural purposes".

⁸³ Act No. 370 of 2 June 1999.

7 Drinking Water

In Denmark approximately 99% of the drinking water supply is based on groundwater. A protected groundwater resource free of contaminants and attractive to drink is therefore essential to the general health of the entire population.

The utilisation of groundwater is subject to a number of limitations, quantitative as well as qualitative. Quantitative limitations are those considerations that must be given to other water supplies, watercourses, wetlands etc. Qualitative limitations are induced in part by natural conditions such as salt water in coastal areas and mineralised water from certain geological strata. They are, however, also to a significant degree induced by the impact of pollution from the surface and extraction induced deterioration of water quality, e.g. from excessive extraction.

Thus environmental factors of the water media cover naturally occurring elements, pathogenic agents and anthropogenic substances. The concentration levels in tapped water will determine the degree of exposure to humans. This chapter will focus on the protection of human health reflected in the regulations and administrative practices connected with drinking water.

7.1 Human exposure to environmental factors

7.1.1 Environmental factors

The primary factors of concern are summarised in table 7.1.

Table 7.1
Summary of the origin, characteristics and potential health impacts of some critical drinking water pollutants.

In addition, the Legionella bacteria, which are common in hot water systems, may grow in heated water and cause infection by inhalation of aerosols during showering. This may lead to Legionellosis or Pontiac fever. Especially complex and branched hot water systems may give high residence times and temperatures between 30 and 40 ^oC, which favours the growth of the bacteria.

7.1.2 Sources of pollutants

The sources of environmental factors in groundwater in Denmark posing a potential exposure risk represent three sources:

Point source pollution

Diffuse source pollution, and

Extraction induced contamination

The sources of environmental factors in drinking water (treated groundwater) posing a temporary exposure risk in addition to the above mentioned are:

Contamination at the water supply plant

Bacterial contamination in the borings, tanks and supply network

Contamination by accidental overflowing of wastewater into the water supply network.

Point source pollution

Point source pollution defines a source of limited aerial expanse, but typically with a higher contaminant load per aerial unit than diffuse source pollution

Municipal waste landfills and nationally controlled toxic waste landfills

Industrial sites and chemical dumps

Oil and petrol tanks etc.

Leaking sewer systems

Of these point sources, old industrial sites and non-secure chemical waste dumps are generally considered to pose the greatest threat to groundwater quality. Contamination is often difficult to handle, not least because of the varying composition of the initial chemical products which, depending on the geochemical environment, follow a variety of paths of decomposition before entering the aquifers. Examples of major contaminants from the most widespread former industries are:

Gasworks and asphalt industry: Phenols, cyanide and volatile aromates

Paint, varnish, metal industry and dry-cleaning: Chlorinated solvents

Lumber (wood), tanning and galvanisation industry: Heavy metals

Within the group of organic micro-pollutants, chlorinated hydrocarbons, aromatic hydrocarbons and phenols have been found in 21, 14 and 8% respectively of 3,565 sampled water supply borings around the country (GEUS, 2000). As far as heavy metals are concerned, only nickel is found in any significant percentage: 4.3% of 7,940 water supply borings. The origin of nickel is naturally occurring. Nickel in sediments is not a result of industrial point source impact (see below).

Diffuse source pollution

Diffuse source pollution relates to the application in agriculture of fertilisers and pesticides to soil and crops and risk of contamination of the groundwater resource.

Increased nitrate levels in groundwater in Denmark were recognised as a threat to water quality around 1980. As a result resources were invested in research to improve our understanding of the cause-effect relationships concerning nitrate contamination. This combined with an increasing media and political awareness of the problem as well as the incentive the EU nitrate directive provided, were some of the main instruments in paving the way for present day regulations. These notably include the county authorities' prioritisation of drinking water areas and associated legislative restrictions regarding land use. Drinking water areas are those areas where main infiltration to the drinking water reservoir takes place or are assessed as future infiltration areas (see section 7.4.1).

Nitrate has been found above the guide level of 25 mg nitrate/l in 9% of water supply borings in Denmark and 3% above the maximum admissible concentration of 50 mg nitrate/l.

Pesticide contamination of groundwater has become a major water quality issue during the 90s. The conjunctive development of better analytical instrumentation improving detection limits and increased sampling and analyses substantiated the threat pesticides posed and still pose to water quality. Partly as a result of this, the Danish EPA instigated the out-phasing and imposing of strong limitations on many of the pesticides detected in drinking water, a second updated pesticide action plan has been published (Pesticide Action Plan II, 2000) and the Danish Agricultural Advisor Centre has recently promoted "best practices for handling pesticides". Overall, the quantities of active compounds have been lowered as has the total spraying frequency. Intensive research in this field is on going with the aim of quantifying the threat of pesticides to water quality.

Pesticides and degradation products have been found in 23% of 5,643 sampled water supply borings. The maximum admissible concentration of 0.1 m g/l was exceeded in 9% of the borings.

In Denmark, the health impact of occupational exposure to pesticides has been documented. However, the impact on public health from pesticides and nitrate or other chemical pollutants in drinking water has not been investigated.

Extraction induced contamination

Extraction of groundwater may due to proximity of mineralised groundwater near to a freshwater resource cause influx of salts and contamination of the water resource. Lowering of the groundwater table around a well has in some cases caused contamination of the freshwater by Ni contaminated infiltration due to geochemical processes and leaching in near surface sediments.

Bacterial and chemical contamination in the water supply network

The dimension of pipes in the supply network combined with the speed of flow of water, are the primary controlling factors on the treated waters residence time in the pipes. Despite proper treatment at the waterworks even a very small bacterial content in the water might induce a water quality problem due to excessive residence time in the network, especially if cold and hot water pipes are placed close together. Long residence time may also imply release of chemical contaminants from the water pipes. Problems with contaminants originating from long residence times in water pipes in the individual houses may be minimised by letting the water run until cool before tapping for drinking purposes.

Flow of wastewater into the water supply network

Accidental spillage or flow of wastewater has in a few cases temporarily contaminated small town water supplies. The most serious example in Denmark concerned a major outbreak of gastroenteritis affecting about 1,600 people in a small Danish town in the winter of 1991. The outbreak was caused by a congested municipal sewer and by technical defects in a privately owned waterworks. In another case, in 1997, a small river flooded the area around the local water works and the river water containing some sewage had entered the clean water tank. Up to 900 persons may have been affected by gastroenteritis due to contamination. In water resource planning there is accordingly high awareness of the of risk of contamination of drinking water, and wastewater contamination of drinking water is very seldom in Danish water supply.

In the period 1992-97 16 episodes with microbiological contamination of drinking water were been reported in Denmark. 23,000 persons have been exposed and approximately 6,400 cases of decease have been reported. Only in few episodes, the actual cause of contamination was identified. Probably even more cases have occurred without being reported.

7.1.3 Human exposure

The way of influence from substances injurious to health in drinking water is by direct exposure from contaminated drinking water contaminated with substances present in concentrations that pose a health risk. The various sources of contamination are outlined above. Apart from microbiological impact from wastewater contamination the only documented cases of impacts on human health directly related to drinking water concern a few cases of Ni-allergy, where the source could be traced back to anomalous Ni concentrations in drinking water (extraction induced contamination, see above).

The regular monitoring of raw water and drinking water quality as an integrated and high priority issue in Danish water supply should be emphasised in this context as it enables rapid and focused response to deterioration in water quality. Thus, although there are finds of pesticides, organic micro pollutants etc. in water supply borings the persistent focus on water quality by local and regional authorities ensures that contaminated borings and well fields are temporarily or even completely shut down if there is suspicion of human health impacts. There a number of examples of aborted borings especially in and around urban areas. In some cases extraction of groundwater from borings and well fields is maintained for remediation purposes to stop spreading of polluted groundwater to other well fields.

Figure 7.1
Ways of human exposure to environmental factors in drinking water.

7.2 Level of protection

7.2.1 Quality criteria/norms

For the guidance of public authorities, the Minister for the Environment and Energy has laid down provisions as to the quality of drinking water. These include both quality standards claimed by the EU directive on drinking water (98/83/EEC) as well as nationally derived quality criteria for other frequently identified substances. (See Appendix 4 containing a national draft list of drinking water standards according to dir. 98/83/EC and a national assessment of relevant drinking water quality criteria (not yet adopted). Methods and principles for conduct of health assessment and derivation of drinking water quality criteria are presented in appendix 1).

Generally, the drinking water quality criteria and drinking water standards are set at a level, which is considered to reflect a high standard as consumption of the drinking water should be healthy for the population. Furthermore, the water should visually appear clean and be without any unwanted taste or odour.

This applies for instance for pesticides (including biocides) following EU standards, which determine the limit value for the content of pesticides in drinking water to 0,1 mg per substance and 0,5 mg for the total of pesticides.

With respect to soil contamination in relation to groundwater, the objective is to protect groundwater as a resource, irrespective of whether abstraction borings are located in the area or not. Risk assessment procedures are described in section 6.2.1. The assessment of groundwater quality criteria is based on quality standards and criteria for drinking water, as groundwater, after ordinary water treatment processes, must fulfil the requirements for drinking water quality.

7.3 Regulation and strategy

7.3.1 Objectives and principles

Groundwater constitutes approximately 99% of the drinking water resource in Denmark and has always been regarded as a high quality water resource - also when measured on an international scale. However, from 1980 and onwards awareness grew among the authorities that the main drinking water resource in Denmark - groundwater - was under increasing threat of contamination from human activities related primarily to industry and agriculture.

The objective of the regulation for groundwater protection is thus, to ensure that the drinking water resource is protected and remains protected from activities and impacts posing a threat to the quality of our main water resource. Cleaning of groundwater for drinking water purposes is very seldom used in Denmark.

The present day regulation for the protection of the drinking water resource in Denmark is given by the Water Supply Act, The Soil Protection Act and the Environmental Protection Act and associated Statutory Orders from the Ministry of the Environment and Energy.

In this context, the international protocol on water and health adopted in London in 1999 should be mentioned. According to the Protocol the water resources shall be protected by establishing targets and by development of national or local action plans in order to avoid negative effects from pollution and different forms of land-use.

7.3.2 Legislation on drinking water protection

The Water Supply Act

The original Water Supply Act from 1978 focused primarily on regulations related to licences to abstract ground water, duties of the license holder, agreements on real property etc. The revision to the Water Supply Act, passed by the Danish Parliament 26 June 1998, contains a major addition concerning mapping of the groundwater resource, vulnerability assessments and planning of groundwater protection.

Section 3 of the revised The Water Supply Act (No. 479 of 1st July 1998) specifically focuses on the protection of groundwater resources and regulates water resource planning with the objective of ensuring:

That exploitation and protection of water resources is based on an overall planning of utilisation of water resources taking into consideration: - the population and industries requirements for a sufficient water supply with a satisfactory water quality - protection of nature and environment in general - utilisation of mineral resources

A co-ordinated water supply enhancing a rational utilisation of water resources

A controlled expansion and maintenance of a sufficient and satisfactory water supply

A key element in the Act is the designation of drinking water areas in which main infiltration to the groundwater reservoir takes place, as mentioned previously and elaborated in section 7.4.1. Within such areas detailed mapping and investigation shall identify areas vulnerable to specific contaminants, e.g. nitrate. Areas identified shall be subject to an assessment comprising a detailed mapping of land use, pollution threats and the natural protection of the groundwater resource.

The resulting action plan shall describe the need for action concerning possible restrictions in land use and other human activities. It is within the jurisdiction of the regional and municipal authorities to seek agreements with landowners based on the action plan for regulating agricultural practices, purchase of property etc. The act includes regulations for the compensation of landowners by the negotiating party for loss of income, sale of land or property. The negotiating party may be the county, municipality, local water supply or combination of these.

Statutory order on Water Quality

The need for establishing formal water quality criteria was reflected in a statutory order on water quality in 1980 in which maximum permissible concentrations for a number of constituents in water were stated. The order was revised and replaced by the statutory order no.515 of 29 August 1988 on "Water quality and supervision of waterworks". The values and limits in this order are in accordance with the EU-directive 80/778/EEC on water quality.

Guidelines for Water quality and supervision of water supplies

The Danish EPA has issued guidelines (no.3, 1990) for the municipal authorities monitoring of drinking water quality and supervision of water supplies as an amendment to Statutory order no.515 mentioned above. The background for the guidelines is that water supply from especially private borings supplying a single household and to a lesser degree private water works often produce water of poor quality. Reasons for this are in part deficient technical installations and the borings location relative to pollution sources.

The objective of the guidelines is to strengthen the procedures for water quality by increasing the local authorities' options for detecting deterioration in water quality and addressing the problem at an early stage. It is also the objective to improve the supervision of the effectiveness of water treatment.

Guidelines for water quality monitoring

The Danish EPA has in 1997 issued supplementary guidelines (no. 2 1997) for the monitoring of drinking water quality with special emphasis on detailed analytical programmes for larger municipal water supplies producing more than 700,000 m³/year.

The Planning Act

The Planning Act no. 388 of 6 June 1991 includes the regulation on the environmental impact assessment of activities that may pose a pollution threat to various media including groundwater.

The Planning Act has as one of its overall objectives to ensure a balanced development of the Danish society through concurrent planning on the national and regional level. Planning activities shall be undertaken with due consideration to valuable historic, cultural and natural values of the country and shall prevent pollution of air, soil and groundwater.

The latest revision of the act passed in 1999 (no.551 of 28 June 1999) includes legislation in accordance with the revision of the EU directive 85/337/EEC from 3 March 1997 (97/11/EEC) concerning the environmental impact assessment of various activities on the environment. Planned new activities in drinking water areas covered by this legislation shall therefore be subject to an impact assessment of the activity pollution threat to the drinking water resource.

The Soil Contamination Act

The increasing awareness by authorities that landfills with various wastes presented a threat to groundwater quality led to a revision of the Chemical waste deposit Act of 1983 resulting in The Waste deposit Act of 1990, which in 2000 was replaced by the Soil Contamination Act, which has a much broader perspective. The primary objective of this legislation is to prevent, eliminate or reduce soil contamination to hinder harmful impact of soil contamination to groundwater, human health and the general environment. Reference is given to chapter 6 on the soil media.

The Environmental Protection Act

The Environmental Protection Act focuses in terms of groundwater protection on the responsibility of owners of industrial, agricultural activities as well as land- and property owners in general to ensure that their activities do not give rise to a pollution threat to groundwater. Owners shall comply with the regulations given in the law administered by the local, regional or national authorities.

Private and public owners of industrial, agricultural and other activities which are listed under Art. 35 of chapter 5 of the Danish Environmental Protection Act shall comply with the regulations set by this Act for minimising any pollution threat to soil and groundwater from human activities.

Owners of such activities as included above shall comply with recommendations by authorities (local, regional or national) either in the planning of an activity or as a result of inspection from an on-going activity. The activity shall consequently meet the requirements of the Environmental Protection Act, Chapter 3 concerning protection of soil and groundwater. The section states that compounds, products and materials that may pollute the groundwater, soil and subsoil shall - unless permitted otherwise:

	not be disposed in unauthorised dumps
	not be deposited or stored on the soil surface, or
	not be disposed to the subsoil

Statutory order on manure

Statutory Order no. 877 from 10 December 1998 from the Ministry of the Environment provides specific limits for production and use of manure for fertilising crops on a farming unit. The limits relate directly to the type and number of livestock. The statutory order is in accordance with the Nitrate directive (91/676/EEC).

7.4 Instruments

This section describes the legal, administrative and economic instruments that exist within the Danish Environmental legislation for groundwater protection.

7.4.1 Regulatory instruments

Norms

For the guidance of public authorities the Minister for the Environment and Energy may lay down provisions as to the quality of drinking water.

Quality standards for drinking water are in accordance with the EU-directive on drinking water quality. The directive provides the minimum requirements to drinking water quality (see Appendix 4) and national legislation may set more stringent standards for drinking water quality. Health based drinking water quality criteria for additional substances are derived on a national basis (Appendix 1).

Only few specific groundwater quality criteria have been derived. Normally drinking water quality criteria are used in the assessment of groundwater, which must fulfil drinking water standards after ordinary water treatment. In Denmark, this comprises aeration and filtration.

Guidelines have been issued by the Danish EPA for risk assessment of chemical substances in drinking water (DEPA, 1992).

Furthermore, the Danish EPA has published health based drinking water quality criteria for several compounds and groups of compounds e.g. heavy metals, cyanides and phenols (DEPA, 1995). Appendix 1 provides a description of the methods and principles behind health assessment and derivation of drinking water quality criteria together with an overview of the present drinking water quality criteria.

Monitoring

Monitoring of the groundwater resource on a national scale was implemented following the approval by parliament of the Action Plan Aquatic Environment in 1987. The monitoring programme is based on wells located in 67 local areas evenly distributed across the country typically with 10 - 15 wells within each area. Furthermore, water analyses from agricultural water sheds and water supply wells are integrated in the monitoring programme.

The wells are sampled on a yearly basis for analyses of standard water quality parameters (naturally occurring components and physical-chemical indicators such as pH, taste), bacteriological analyses, inorganic traces, organic micro pollutants and pesticides). The monitoring programme enables the Geological Survey of Denmark and Greenland to provide the authorities and public with an annual overview of the state of the drinking water resource and thus also the scientific base for political initiative if so required.

Enforcement notices to the polluter

Danish environmental legislation is based on the polluter pays principle. The liability for soil contamination can be considered as both a regulatory and an economic instrument.

The Soil Contamination Act defines a set of rules on administrative orders to the polluter. An order on cleaning up pollution can be given by the municipal or county authority.

The concrete order concerning the cleaning up of such pollution is given to the polluter, and this order can be given irrespective of how the pollution has happened. It is furthermore without importance whether the addressee of the order owns the polluted premises. If more than one polluter is involved in pollution, a compliance order must be given to all of them. The authority, which has conducted a cleaning up, may sue the responsible persons and businesses for the costs of remedying environmental contamination. For further detail, please refer to chapter 6.

Restrictions on land use

Within drinking water areas are designated as vulnerable to nitrate, the Minister for the Environment may impose restrictions on requests for increasing livestock that can increase the risk for contamination of groundwater and surface water.

The Minister may also impose restrictions on the amount of manure that may be applied for agricultural use.

Planning instruments

The primary objective of the regulation is to prevent deterioration of the groundwater quality, and for this purpose planning instruments are of primary importance.

Designation of drinking water areas

The Danish counties have designated areas with special drinking water interests, which cover 35% of the country. Remaining areas have been designated as valuable water abstraction areas and areas with restricted water abstraction interests. The latter constitute a minor percentage of the designated areas and are largely located along some coastal areas and urban industrial centres. The designated areas play a key role in the prioritisation of contaminated sites for investigation and remediation.

Figure 7.2
Designated areas with water abstraction interests on Funen.

Point sources

According to the Soil Contamination Act, the county council shall carry out mapping, possible through technical investigations, of contaminated areas in co-operation with the municipal council (see chapter 6).

Diffuse sources

Following the passing of the revised Water Supply Act in 1998 the counties initiated vulnerability mapping of the drinking water resource. This comprises both basic hydrogeological mapping and compound specific mapping initially with respect to nitrate but also pesticides in the near future.

The objective of the hydrogeological mapping is to provide a technically solid framework in terms of understanding of infiltration, geology, groundwater flow etc. for the vulnerability mapping.

With the increasing focus on groundwater protection and reduction of diffuse source impact from nitrate especially at present, the counties and municipalities have the option to negotiate environmental agreements regarding land use and agricultural practices and offer economic compensation for loss of income. This is the recommended approach and clearly preferable to non-negotiable law enforcement and expropriation.

7.4.2 Economic instruments

Taxes are used in two cases:

The revised Water Supply Act from 1998 enables counties - who are responsible for the assessment, protection and management of the drinking water resource - to finance these activities by putting a fee on water abstraction. Any water abstraction within a county is based on a permit by that county in which the maximum limit of groundwater extracted per year is stated. The charge is calculated per m3, based on the maximum permitted water extraction irrespective of weather the owner of the well or borings actually extracts groundwater up to this limit. For permits for water extraction for industry and agriculture, e.g. water for cooling or irrigation of crops, the fee is based on 1/3 of the maximum permitted water extraction / year.

This charge is, in addition to the standard fee, paid by households and others in Denmark for water consumption, also paid per m³ water consumed.

With the aim of reducing pesticide use in agriculture and public and private cleaning of roads and gardens, taxes have been put on pesticides.

The revenue of these taxes is funding a research programme for the environmental and health effects of pesticides.

For private water works with a yearly abstraction below 80.000 m³/year the National Water Fund enables these water works to apply for funding of vulnerability assessments within the catchment area of the water works as well as for other purposes.

Some clean-ups can also be financed through the Water Fund with the double aim of protecting the scarce water resources by reducing the drinking water consumption and funding of remedial actions on contaminated borings and water abstraction zones.

In 1996, a programme for the development of clean-up and remediation technologies relating to soil and groundwater contamination was set up primarily to stimulate the public authorities to advocate innovative methods and replace standard excavation and replacement of contaminated soil (see further information in section 6.4.2.

7.5 Actors

Water supply in Denmark is decentralised and based on both public and private water supply. All water supply is covered by the Water Supply Act passed by the Parliament and administered by the state authorities. Management of the water resource and water supply is the responsibility of the counties and municipalities.

The primary actors concerning regulation of groundwater contamination are listed in table 7.2. For general descriptions of the mentioned actors please refer to chapter 3.

Table 7.2
Actors, roles and responsibilities concerning groundwater contamination

7.6 Evaluation

The objective of the drinking water regulation in Denmark is that the drinking water supply shall be based on unpolluted groundwater - tasteful, clear and free of smell. The consumer shall be able to drink it without worries of contamination. Therefore the protection of the groundwater resource has a very high priority, and the quality criteria set for groundwater are generally the same (or even lower) as for drinking water, which is basically following the EU directive on drinking water.

There are very good reasons for setting strict objectives for drinking water, as drinking water cannot easily be replaced by other choices of drink. We all need plenty of drinking water every day, for drinking and for cooking.

Health impacts caused by consumption of drinking water in Denmark are rare and generally the objectives of the regulation are obtained. However, health impacts do occur and most often as a disease caused by microbial contamination in the water supply network. Health impacts from chemical components in drinking water are only observed in a very few cases as nickel allergy (nickel from pyrite rich sediments) or methemoglobinemia caused by nitrate.

Furthermore, all contaminants in groundwater and drinking water are not known because the monitoring programmes only find those selected substances they are designed for. So other substances, that haven't yet been recognised as potential health factors, stay unattended. To our knowledge, no studies in Denmark have been made with respect to the evaluation of health effects from long-term exposure to low levels of contaminants in drinking water.

Another important characteristic is the delay between the origin of pollution and the occurrence of contaminants in the groundwater, not to say in the drinking water. The delay can be tens of years. Many contaminants are most likely on their way towards the groundwater and cannot be stopped by new regulation. A large number of drinking water abstraction borings have been aborted because of groundwater contamination from either point sources or diffuse sources, and this picture must be expected to continue. Today's regulation will in most cases first show results in many years.

One trend to observe in the regulation of drinking water is the increase in use of chemicals in society, chemicals of which we in many cases have limited knowledge. Some of these may end up in groundwater. Other trends are connected to the supply network in which new materials may be the source of chemical contaminants or microbial growth in drinking water. Water savings may give lower flow and hence longer residence time in water pipes, which increase concentrations of contaminants released from the materials of the supply network and may also increase the risk of microbial contamination.

One of the great challenges of regulation is therefore to foresee future contamination problems. In the light of the limited knowledge of many chemicals including their health effects and future occurrence in groundwater, the use of the precautionary principle in the regulation is obvious. Prevention of new contamination from both point sources and diffuse sources is very important. Especially the use of fertilisers (nitrate) and pesticides are in focus to day and should be also in the future. Another challenge is to design the monitoring programmes to give the best possible protection of public health.

Prevention of microbial contamination in the supply network by maintaining and developing strict standards for water supply networks must also be given priority as well as regulation of the materials used for the supply network.

The need for new knowledge is obvious concerning several items:

	Sources of groundwater pollutants, especially pesticides in rural areas.
	Fate of chemicals and micro-organisms in the soil and groundwater environment.
	Optimal design of groundwater and drinking water monitoring programmes.
	Prevention of microbial drinking water contaminations.
	Health effects of long term exposure to low concentrations of chemical contaminants in drinking water.
	Drinking water quality at the consumers tap, the influence of the distribution system on water quality
	Development of methods to predict/ rank chemicals, which may endanger the groundwater after intended or unintended release in the environment.

7.7 References

Directive 80/778/EEC (1980): "On the quality of water intended for human consumption".

Directive 85/337/EEC (1985): "Effects of certain public and private projects on the environment - EIA".

Directive 91/676/EEC (1991): "Concerning the protection of waters against pollution caused by nitrates from agricultural sources."

Council Directive 97/11/EEC (1997): "Effects of certain public and private projects on environment (revision of Council Directive 85/337/EEC)".

Council Directive 98/83/EEC (1998): "On the quality of water intended for human consumption (revision of Council Directive 80/778/EEC)".

The Water Supply Act : Act no. 299 of 8 June 1978.

The Planning Act: Act no. 388 of 6 June 1991.

The Soil Contamination Act: Act no. 370 of 2 June 1999 (replaces Act no. 420 of 13 June 1990).

The Environmental Protection Act: Act no. 358 of 6^tJune 1991.

Statutory Order no. 515 of 29 August 1988 on Water Quality and Supervision of Waterworks.

Statutory Order no. 877 of 10 December 1998 on Production and Use of Manure.

DEPA (1990): "Guidelines for Monitoring of Drinking Water Quality and Supervision of Minor Water Supplies: Guideline from the DEPA no 3".

DEPA (1992): "Guidelines for Risk Assessment of Chemical Compounds in Drinking Water" Guideline from the DEPA no 1.

GEUS, 2000: "Groundwater monitoring. Geological Survey of Denmark and Greenland".

Pesticide action plan II. The Ministry of the Environment and Energy, The Ministry of Foods, Agriculture and Fisheries, March 2000.

DEPA (1997): "Monitoring of water quality at waterworks: Guidelines from the DEPA no.3".

DEPA (1995): "Toxicological quality criteria for soil and drinking water. Project no. 12 on soil and groundwater".

8 Bathing Water – Coastal and Fresh-waters

Denmark has approximately 7,000 km of coastline and good beaches are common in all parts of the country. A large number of the population can reach the coast within 30 minutes and going to the beach, bathing or just enjoying the sea is an intricate part of life especially during the summer period. Lakes of a sufficiently good quality may also serve as bathing water during the summer. Good bathing water quality is therefore an important issue for a great deal of the population and the publications in local media by authorities on bathing water quality are followed with interest. Monitoring of bathing water quality along our coasts is essential as a number of sources e.g. sewage effluents, may threaten the water quality. The quality of bathing water has generally improved in Denmark, but nevertheless restrictions on bathing still have to be enforced due to local conditions, e.g. effluent from contaminated watercourses (overflow of untreated wastewater during heavy rain), discharges from scattered settlements in the countryside etc.

Both coastal and fresh waters may contain mixtures of pathogenic and non-pathogenic microbes derived from sewage effluents, from the population using the water, from farming activities, industrial activities (e.g. slaughter-houses) and wild-life (birds) in addition to indigenous micro-organisms. Furthermore, the water quality may also be influenced by effluents of chemical substances from industrial and farming activities as well as deposition from airborne pollution and contaminants in rain.

Human exposure to the constituents of the bathing water media thus covers both pathogenic agents and man-made substances comprising the environ-mental factors for this media.

8.1 Human exposure to environmental factors

8.1.1 Environmental factors

The primary factors of concern are summarised in table 8.1.

Table 8.1
Summary of the origin, characteristics and health impacts of some critical pollutants.

Abbreviations:

8.1.2 Sources of pollutants

Environmental factors in bathing water in Denmark primarily originate from wastewater. The primary impact is by overflow of untreated wastewater during heavy rain, but also by run-off from rural areas and from scattered housing in the countryside not being connected to a wastewater treatment plant. Also incompletely treated wastewater or breakdowns at treatment plants may be sources of environmental factors.

Today approximately 130.000 private residences and 13.000 summerhouses discharge wastewater directly from a settling tank, which is virtually untreated with respect to micro-organisms. The wastewater is discharged to drains, ditches, watercourses, lakes and to the sea resulting in unhygienic conditions, especially in recipients with low water exchange.

In May 1997, the Danish Parliament agreed upon an action plan for improved wastewater treatment involving approximately 64.000 scattered settlements in the countryside. The actions will include connection to public wastewater treatment, local sand infiltration plants or small wastewater treatment plants. This action plan will contribute to improvement of the general water quality in rivers, lakes and coastal waters and thereby also contribute to improvements of the bathing water quality (please refer to chapter 12 for further details on wastewater).

Other sources may be the population using the bathing water, birds and other animals, truly indigenous micro-organisms and to a lesser degree also industrial processes and farming activities. The bathing water quality around outlets of water courses may be reduced because of impact from grassing animals. The indigenous micro-organisms of concern are blue-green algae that often bloom during summer when temperature is highest. The algae secrete toxins, but only in rare cases are the concentrations high enough to affect humans. In Denmark, there are no fatal cases of human intoxication by algae and no reported epidemics.

Figure 8.1
Ways of human exposure to environmental factors in bathing water.

8.1.3 Human exposure

The ways of influence from micro-organisms in bathing water are by direct exposure through ingestion of water during bathing and/or through breaks in the protective skin barrier from bathing water contaminated with micro-organisms present in concentrations and amounts that pose a health risk. Some of the various sources are outlined above.

Similarly, chemical substances in water (including toxins produced by bacteria or algae) may be ingested or taken up through the skin as well as directly affect the skin and mucous membranes in e.g. the eyes. In studies of the relationship between health impairment and micro-organisms in bathing water in the sea or lakes, it has been found that the rate of most symptoms is significantly related to the count of enterococci (faecal indicator bacteria). However, it is generally difficult to relate impacts on public health to exposures in bathing water, because there is no systematic registration hereof.

8.2 Level of Protection

Regular monitoring of bathing water based on faecal indicators is the key element of Danish regulation on bathing water quality to enable rapid response by authorities and protection of the population.

The indicator organisms considered (WHO 1998) to correlate best with health outcome are generally enterococci/faecal streptococci for both marine and freshwater and E.coli for freshwater. In Denmark thermotolerant coliform bacteria have been chosen as indicators for E.coli.

It should be noted however, that an evaluation prepared by the Danish Water Quality Institute and the Institute of Medical Microbiology, University of Aarhus for DEPA in 1995 suggests that there is a risk that the traditional indicators (faecal coliforms) may not accurately reflect the quality of water. Many viruses, bacteria, worms and worm eggs appear to be far more resistant than faecal coliforms. The absence of faecal coliforms does therefore not necessarily prove that pathogens are not present in the recipient. For these reasons the Danish monitoring programme, including the choice of indicator parameters (bacteria, viruses and/or protozoans), is presently under revision.

The EU-directive on the quality of bathing water (76/160/EU) is presently also under revision. The review of the directive is required as it is outdated and the new directive shall make reference to the water framework directive currently under preparation.

Also the blooming of blue-green algae are monitored, especially during summer where the water temperature is at its highest.

8.3 Regulation and strategy

The regulatory basis for monitoring bathing water quality in seawater and lakes is given by Statutory order no. 292 of 23 June 1983 on bathing water and beaches from the Ministry of Environment and Energy. The order is in accordance with the EU directive from 1976 on quality of bathing water (76/160/EU). The directive is a minimum requirement directive enabling national legislation to set more stringent requirements.

The order covers:

	Freshwater and seawater designated as bathing water in the county regional planning (each of the 14 counties shall in accordance with the Planning Act prepare a regional plan for the county every 4 years covering all aspects of county jurisdiction including bathing water and beaches)
	Freshwater and seawater where bathing is not prohibited.

The objective of the order is in compliance with the EU directive to ensure and maintain good water quality in areas of freshwater and seawater used for bathing.

Today the evaluation of the bathing water quality is based on the monitoring results from the previous year. Therefore, there is an obvious need for a revised system with possibilities for early warning of bathing guests based on continuous monitoring, characterisation of the bathing water site including identification of potential contamination sources, prediction of rain events that may lead to overflow of untreated wastewater etc.

8.4 Instruments

8.4.1 Regulatory instruments

Limit values

According to the present regulation (Statutory order no. 292 of 23 June 1983) bathing water in sea or lakes during the bathing season (1 June - 1 October) shall not contain more than 10,000 coliform bacteria pr. 100 ml, and not more than 1,000 thermotolerant coliform bacteria (feacal coli / E.coli) pr. 100 ml. A statistical methodology developed by the DEPA is applied to assess analytical results.

In addition, bathing water shall have no sensory impairments, e.g. discoloration, smell and poor visibility. It is a requirement that the acidity/ alkalinity of the bathing water (pH-value) lies within the interval of pH=6 - pH=9.

A minimum of 10 samples shall be taken for water quality analysis during the season, starting one month before the bathing season (1 June - 1 October). Samples shall be taken in areas normally used for bathing. The municipal and county authorities in conjunction decide precisely where and when the samples shall be taken.

The number of samples for analysis may be reduced from 10 to 5 if bathing water at a specific locality over 2 consecutive years has a composition and quality in accordance with quality criteria given above. If bathing water statistically has a significantly poorer quality than the above given criteria, the number of samples shall be increased to 20 per year.

Restrictions on bathing

Should the quality of bathing water in seawater and lakes fail to meet the quality criteria and show significant indications of deterioration, the municipal council shall in collaboration with the regional authorities and the medical health officer instigate further microbiological analysis of the bathing water.

If the water quality cannot immediately be improved it is the responsibility of the municipal authorities to forbid bathing. In such cases, the same authorities shall inform the public of restrictions concerning bathing in appropriate local media (e.g. newspapers) and also ensure that signs are placed up at the relevant bathing localities.

8.5 Actors

Monitoring and supervision of beaches and bathing water quality is the responsibility of the local and regional authorities.

The primary actors concerning regulation of the bathing water media are listed in table 8.2. For general descriptions of the mentioned actors please refer to chapter 3.

Table 8.2
Actors, roles and responsibilities concerning bathing water in sea and lakes:

8.6 Evaluation

The health objective of the bathing water regulation is to prevent bathing guests from getting ill when bathing in waters appointed as bathing waters – e.g. zero effect level. Instruments for obtaining the objective are the counties and municipalities planning activities, design of wastewater systems (location of outlets, dimensioning of retention basins etc.), discharge requirements (wastewater treatment plants, industries etc.), monitoring of bathing water quality and occasionally bathing restrictions if the water quality is insufficient, until improvements have been obtained.

There have been no recognised cases of negative health impacts from contaminated bathing waters in many years, and during the last ten years there has been a further reduction in wastewater impact on the water environment (improved wastewater cleaning technology, sharpened discharge requirements, dimensioning of retention basins to minimise overflow etc.). However, some bathing waters are still influenced by wastewater. The primary impact is by overflow of untreated wastewater during heavy rain, but also by run-off from rural areas and from scattered housing in the countryside not being connected to a wastewater treatment plant.

Systematic registration of water carried disease caused by bathing is not performed, and there is therefore no exact knowledge of the impact on bathing guests. Furthermore, man-made chemical substances are not included in the monitoring programmes and long-term health effects of chemical substances in bathing waters are not known. The microbial quality of bathing waters are monitored, but it is questionable whether the traditional bacterial indicators (faecal coliforms) accurately reflect the quality of the water e.g. the occurrence of more resistant micro-organisms such as viruses and protozoa. Therefore, the Danish monitoring programme is presently under revision also with respect to indicator parameters, monitoring frequency and the reaction time between monitoring result and regulatory action when needed.

Hence, among the challenges are improved monitoring with suitable indicators and limit values, but also continued decrease of outlet of untreated wastewater even though it is already very low compared on an international scale.

New knowledge is needed in many fields: Suitable indicators are needed for monitoring the microbial quality of bathing waters. More knowledge is needed about human exposure to and effects of microbiological and chemical environmental factors in bathing waters originating from untreated as well as from treated wastewater. Also more knowledge is required to assess the impact from run-off from pastures with grazing livestock. Furthermore there is a need for more knowledge about viruses and protozoan in recreational waters. Such knowledge is necessary for the design of the regulation of tomorrow.

8.7 References

DEPA (1995): "Bathing Water - Microbiological Control. Report no. 314".

DEPA (1985): "Bathing Water Control, Guideline no. 2"

WHO’s Draft Guidelines for Safe Recreational Water Environments: Coastal and freshwaters.

Statuary Order no. 292 of 23 June 1983 on Bathing Water and Beaches.

Directive 76/160/EEC (1976): "Setting of quality standards for bathing water in the member states".

Directive 85/337/EEC (1985): "Effects of certain public and private projects on the environment - EIA".

Directive 91/676/EEC (1991): "Concerning the protection of waters against pollution caused by nitrates from agricultural sources".

Directive 97/11/EEC (1997): "Effects of certain public and private projects on environment (revision of Council Directive 85/337/EEC)"

9 Swimming pools, spas and similar recreational water environments

All municipalities in Denmark have one or more swimming pools representing an important source of recreation as well as being used for training purposes, treatment for hospital patients and other uses.

In contrast to coastal and fresh waters, pool water is recirculated and disinfected. Disinfection is a process whereby pathogenic micro-organisms are removed or inactivated so that they represent no significant risks of infection. In Denmark, disinfection is performed with chlorine or hypochlorite, which are reactive chemicals. They react with organic and inorganic materials in the water and materials contributed by the swimmers, which include sweat, urine, soap residues, cosmetics etc. to form various disinfectant by-products (e.g.. trihalomethanes).

The large number of visitors to swimming pools and the resulting load on the water in a confined space makes them potential sources of substances and micro-organisms harmful to health. Regular monitoring of the water quality in the swimming pools is therefore essential.

9.1 Human exposure to environmental factors

9.1.1 Environmental factors

The primary environmental factors are summarised in table 9.1

Table 9.1
Summary of the origin, characteristics and health impacts of some critical pollutants.