Partial Regulatory Impact Analysis
Draft European Communities Environmental
Objectives (Groundwater) Regulations
Consultation draft
June 2009
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Summary of Regulatory Impact Analysis (RIA)
Department/Office:
Department of the Environment,
Heritage and Local Government
Title of legislation:
Draft European Communities Environmental
Objectives (Groundwater) Regulations
Stage:
Draft for consultation
Date:
26 June 2009
Related publications:
Other material related to river basin planning are available from www.wfdireland.ie
Available to download at: (www.environ.ie )
Contact for enquiries: Tracey O’Connor
Telephone: 053-9163400
Extension: 3027
What are the policy objectives being pursued ?
To establish a new strengthened regime for the protection of groundwater in line with
the requirements of the Water Framework Directive (2000/60/EC) and it’s daughter
Groundwater Directive (2006/118/EC), by;
1) Establishing clear environmental objectives to be achieved in
groundwater bodies within specified timeframes, and
2) Introducing the legal basis for a more flexible, proportionate and riskbased approach to implementing the legal obligation to prevent or limit
inputs of pollutants into groundwater, which already exists under the
old Groundwater Directive (80/68/EEC).
What policy options have been considered?
1. No change in policy
(This is not a realistic option, as the Water Framework Directive
(2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC)
commit EU Member States to transpose and implement specific measures
for the protection of groundwater. However, it serves as a baseline for
comparison).
2. Introduce the proposed new strengthened regime for the protection
of groundwater through regulations
(This is the basis of the proposed regulations).
3. Introduction of common environmental standards for the protection
of groundwater across the European Union
(This is not a realistic option, as this was not considered viable when the
Water Framework Directive (2000/60/EC) and it’s daughter Groundwater
Directive (2006/118/EC) were being negotiated. It is included as a
benchmark).
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Preferred Option:
Implement the proposed new strengthened regime for the protection of groundwater.
This is the preferred option because it provides Ireland with a mechanism to protect
groundwater in the most efficient manner possible, one that takes account of the
level of risk from human activities and the natural characteristics of groundwater
bodies in Ireland.
Options
1
2
3
Costs
No change. But cost
inefficient since it is not
focussed on the level of
risk to groundwater
bodies.
Benefits
No change.
Impacts
No change. Would maintain status
quo.
Likely at best to maintain the
status quo with improvement in
status unlikely.
Direct costs not
expected to rise
significantly. Expected
to stay within existing
budgetary constraints.
Funding already
provided for national
monitoring programme.
Some additional direct
costs may arise for
targeted monitoring.
Most cost efficient
option due to risk based
approach and
proportionate response.
Would likely result in objectives
for groundwater which are
appropriate to protect
groundwater and which are
achievable. Potentially
significant improvement in
groundwater status from a
starting point of 86% good status
(by area).
Cost inefficient. Not
taking account of
natural characteristics
of groundwater bodies
would exclude the riskbased approach and
representative
monitoring, therefore,
reducing the opportunity
for cost efficiencies.
Would provide common EU wide
standards but due to natural
hydrogeological variation across
the EU these common standards
would be inappropriate and
would likely result in objectives
which were unrealistic.
Improved protection of
designated protected areas (e.g.
drinking water sources and
Natura 2000 wetlands).
This is the most economically and
environmentally sustainable
option.
Highly positive environmental
impact, providing the appropriate
level of protection for different
types of groundwater bodies and
the various groundwater
dependent uses (e.g. drinking
water, Natura 2000 wetlands).
While this option would appear at
first to provide a level playing field
for competitiveness across the EU
and across Ireland the opposite is
in fact the case. The application of
inappropriate standards might
result in unsustainable activities,
because local natural
characteristics of groundwater
bodies are not accounted for,
possibly resulting in impacts on
groundwater in vulnerable areas
and potentially prosecution by the
EU Commission.
The environmental impacts may be
mixed. In some geographical
areas standards would be
sufficiently protective, others over
protective and others again not
sufficiently protective.
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STATEMENT OF POLICY PROBLEMS AND OBJECTIVES
Efforts to protect the valuable groundwater resource in Europe began in the
1970’s resulting in the adoption of the first Groundwater Directive (80/68/EEC).
However this early directive was limited in scope, focussing on the control of
emissions of substances from industrial and urban sources. Despite additional
directives aimed at controlling diffuse pollution from agricultural and industrial
sources it became increasing clear to the European Union during the 1990’s that
there was a need for further action to avoid long-term deterioration of quality and
quantity of all freshwater resources, including groundwater across Europe. This
led to a Framework for an Integrated European Water Policy and resulted in the
adoption of the Water Framework Directive (2000/60/EC). For the first time
groundwater became part of an integrated water management system. The WFD
includes groundwater in its river basin management planning, and sets clear
milestones for groundwater bodies in terms of delineation, economic analysis,
characterisation (analysis of pressures and impacts), monitoring, and the design
of programmes of measures to ensure that, by the end of 2015, there is a
sufficient quantity of groundwater of good chemical status.
The WFD was later complemented by the adoption in 2006 of a daughter directive
(Directive 2006/118/EC) laying down additional technical specifications on the
protection of groundwater against pollution and deterioration.
In Ireland the original Groundwater Directive (80/68/EEC) was primarily
transposed into National legislation through;
o
o
o
o
The Local Government (Water Pollution) Act, 1977 to 1990.
The Local Government (Water Pollution) Regulations, 1978 (SI No 108 of 1978).
The Protection of Groundwater Regulations, 1999 (SI No 41 of 1999). This is due
to be repealed and replaced by the Waste Water Discharge (Authorisation)
Regulations, 2007 (SI 684 of 2007) in 2013.
The Local Government (Water Pollution) (Amendment) Regulations, 1999 (SI No
42 of 1999).
The old Groundwater Directive (80/68/EEC) will be repealed by 2013 under the
WFD but remains in force for preventing or limiting pollution from List I and List II
substances until then. It is to be replaced by the requirements of the Water
Framework Directive (2000/60/EC) and new Groundwater Directive
(2006/118/EC). The purpose of the proposed regulations is to transpose the
requirements of the two latter directives into National legislation and provide for
transitional arrangements from the old Groundwater Directive (80/68/EEC).
In Ireland approximately 25% of the population depends on groundwater for their
water supply compared to 75% of the population in other European Union Member
States. However, the environmental value of groundwater, as well as its value as
a water supply reservoir, has been recognised by the ecological objectives of the
WFD. Groundwater plays an essential role in the hydrological cycle and is critical
for maintaining wetlands, river flows and surface water ecosystems. In most rivers
in Ireland, more than 30% of the annual average flow is derived from groundwater.
In low flow periods, this figure can rise to more than 90%. Therefore, reductions in
groundwater input, particularly in dry weather periods, or deterioration in
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groundwater quality may directly affect related surface water and terrestrial
ecosystems. For instance, since surface waters receive inflowing groundwater,
groundwater quality will ultimately be reflected in the quality of surface waters.
Therefore, the effect of human activity on groundwater quality will eventually
impact on the quality of associated aquatic ecosystems and directly dependent
terrestrial ecosystems if natural attenuation reactions such as biodegradation and
adsorption in the subsurface are not sufficient to remove the contaminants.
The risk assessment of groundwater bodies in Ireland, completed as part of the
characterisation process required under Article 5 of the WFD in 2005, indicated
that groundwater underlying approximately 26.7% of the land area of Ireland was
identified as at risk of failing good status1 . However, there are negative patterns
of concern, which will need to be addressed 2. The National monitoring
programme showed that there were slight increases in nitrate and phosphate
concentrations between 1995 and 2006, with elevated nitrate concentrations
observed in the east and southeast of the country and elevated phosphate
concentrations in the west. The presence of intensive agricultural practices in the
southeast suggests that diffuse agricultural sources are the cause of the elevated
nitrate concentrations; the vulnerable nature of the Karst limestone aquifers in the
west may explain the elevated phosphate concentrations in groundwater, and
groundwater may be contributing to eutrophication in rivers and lakes in these
areas. Microbiological problems are also observed in the more vulnerable
aquifers (particularly at spring monitoring locations) because they have little
natural protection from organic wastes, such as septic tank effluent or farmyard
manure.
The immediate objectives of the proposed regulations are to provide a legal basis
for classifying the quantitative and chemical status of all groundwater bodies and
identifying significantly increasing pollution trends so that environmental objectives
may be established for each groundwater body and included in river basin
management plans. The ultimate objective of the proposed regulations are to
achieve the groundwater environmental objectives established for each water
body by bringing about the management measures necessary to protect and,
where necessary, improve groundwater bodies.
IDENTIFICATION AND DESCRIPTION OF OPTIONS
The Water Framework Directive (2000/60/EC) and it’s daughter Groundwater
Directive (2006/118/EC) have already been adopted and commits Member States,
including Ireland, to transposing and implementing specific measures for the
protection of groundwater. Therefore, there is no alternative to regulation.
However, two alternative options are provided to serve as a baseline and
benchmark for comparison. The detail of how the requirements of both directives
1
Daly, D. and Craig. M. 2009. Chemical And Quantitative Status Of Groundwater Bodies: A
Measure Of The Present, A Signpost To The Future. Proceedings of IAH (Irish Group)
Seminar, Tullamore.
2 Ireland’s Environment 2008. Environmental Protection Agency
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are implemented may be tailored to suit circumstances in Ireland. These detailed
aspects are the subject of the consultation.
The three options for protecting groundwater are set out below:
1. No change in policy
This is primarily being included as a baseline for comparisons.
Therefore, it will not be examined in great detail as part of this RIA
because it is not envisaged that this option will be pursued in
practice. To take no action would mean a failure to comply with our
EU obligations and could result in prosecution by the European
Commission.
2. Introduce the proposed new strengthened regime for the protection
of groundwater through regulations
This option to regulate involves transposing the requirements of
Water Framework Directive (2000/60/EC) and it’s daughter
Groundwater Directive (2006/118/EC) in relation to groundwater
protection. The proposed regulations specify the criteria for
classifying groundwater status and identifying significant increasing
pollution trends but provides sufficient flexibility to take natural
variation into account and to allow modification in the future based
on improved scientific knowledge. The regulations also provide for
a proportionate risk–based response to groundwater protection,
whereby monitoring, detailed investigations and management
measures may be focussed on groundwater bodies judged to be “at
risk” therefore, enabling more efficient use of resources.
3. Introduction of common environmental standards for the protection
of groundwater across the European Union
This is not a realistic option, as this was not considered viable when
the Water Framework Directive (2000/60/EC) and it’s daughter
Groundwater Directive (2006/118/EC) were negotiated. This was
because of the high natural variation in groundwater characteristics
(chemical composition and hydrology) across Europe. However, it
serves as a benchmark for comparison.
IMPACT ANALYSIS INCLUDING COSTS AND BENEFITS OF EACH OPTION
The additional changes in the regulatory regime for groundwater protection as a
consequence of the present proposed regulations are not significantly greater than
those already committed to in the European Communities (Water Policy
Regulations) 2003 (SI 722 of 2003), which transposed the core elements of the
Water Framework Directive (2000/60/EC). Rather, the proposed regulations
elaborate the technical and procedural details of the groundwater protection
regime. Therefore, in keeping with the principle of proportionality this is a partial
RIA and the level of analysis has been kept to a minimum.
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Cost of options
It is not intended to provide detailed analysis of the costs arising from this
proposal to regulate. Instead only a qualitative assessment of likely magnitude of
costs is provided.
Criteria
Option 1
No policy change
Compliance costs
No change.
Potentially cost
inefficient as
improvements in
groundwater status
unlikely to occur without
clear environmental
objectives. Therefore,
the investment in
current regulation would
not be fully effective.
Costs of Options
Option 2
Introduce the
proposed regime
for the protection
of groundwater
Direct costs
As the proposed
groundwater
protection regime is
risk based the cost
increases of
monitoring and
assessment are
proportional to the
level of risk and
therefore, expected to
be cost effective.
Also the
representative
monitoring network
provides economy of
scale.
Indirect costs
Further regulatory
controls may result
for certain sectors for
the purpose of
achieving the
groundwater
environmental
objectives. However,
these would be risk
based and hence
more cost effective.
Public service
implementation costs
No change.
But, likely to result in
inefficient use of
existing resources
without clear
groundwater
environmental
objectives.
The proposal
represents a slight
adjustment to the
existing role of the
Environmental
Protection Agency.
However, costs are
expected to stay
within existing
budgetary constraints
Option 3
Introduction of EU wide
environmental
standards for the
protection groundwater
Direct costs
Cost inefficient. Not
taking account of natural
characteristics of
groundwater bodies
would exclude the riskbased approach and
representative monitoring
therefore, reducing the
opportunity for cost
efficiencies.
Indirect costs
Significantly greater
investment than Option 2
as a result of broad,
untargeted new regulatory
measures intended to
achieve EU wide
standards, which would
probably be inappropriate
to groundwater in Ireland.
Potentially more costly
than Options 1 or 2 and
cost inefficient as the
resources of public
authorities would not be
targeted correctly to
where they are needed.
As the proposed
regime is risk based
the cost increases
would be proportional
to the level of risk to
groundwater bodies.
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Benefits of options
It is not intended to provide detailed analysis of the benefits arising from this
proposal to regulate. Instead a qualitative assessment is provided.
Criteria
Option 1
No policy
change
Environmental
No change.
Likely at best
to maintain the
status quo with
improvement
in status
unlikely.
Water uses
No change.
Benefits of Options
Option 2
Option 3
Introduce the proposed
Introduction of EU wide
regime for the protection
environmental standards
of groundwater
for the protection
groundwater
Would likely result in
Would provide common EU
objectives for groundwater
wide standards but due to
which are appropriate to
natural hydrogeological
protect groundwater and
variation across the EU
achievable. Potentially
these common standards
significant improvement in
would be inappropriate and
groundwater status from a
would likely result in
starting point of 86% good
objectives which were
status (by area)
unrealistic.
Would provide basis for
effective risk-based
protection of;
o Drinking water sources
o Natura 2000 wetlands
o Other groundwater dependent
surface waters
General public
No change
Basis for improved
protection of the
groundwater resource
including drinking water
sources
Business sectors
o Agriculture
o Industry
No change
Clearer environmental
objectives for groundwater
would indirectly facilitate
more streamlined and
transparent regulatory
regimes for activities,
including groundwater
abstractions and effluent
discharges to groundwater
Would provide common EU
wide standards but due to
natural hydrogeological
variation across the EU
these common standards
would be inappropriate and
would likely result in
objectives which were over
protective in some
circumstances and not
sufficiently protective in
others.
Potentially a basis for
improved protection of the
groundwater resource, but
would likely be
inappropriate and
unachievable
Clearer environmental
objectives for groundwater
would indirectly facilitate
more streamlined and
transparent regulatory
regimes as for Option 2.
But environmental
objectives would be
inappropriate and possibly
unworkable.
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Impacts of options
It is not intended to provide detailed analysis of the impacts arising from this
proposal to regulate. Instead a qualitative assessment is provided.
Impacts of Options
Option 2
Option 3
Introduce the proposed
Introduction of EU wide
regime for the protection of
environmental standards for the
groundwater
protection groundwater
Criteria
Option 1
No policy
change
National
competitiveness
No change.
This is the most economically
and environmentally
sustainable option. Because
of variation in groundwater
vulnerability due to varying
hydrogeological conditions the
level of regulation for activities
may change geographically
across Ireland but also across
the EU. However, this means
that activities should be
targeted towards areas, which
can sustain them.
While this option would appear at first
to provide a level playing field for
competitiveness across the EU and
across Ireland the opposite is in fact the
case. The application of inappropriate
standards might result in unsustainable
activities, because local natural
characteristics of groundwater bodies
are not accounted for, possibly
resulting in impacts on groundwater in
vulnerable areas and potentially
prosecution by the EU Commission
Environment
No change.
Would
maintain
status quo.
Highly positive providing the
appropriate level of protection
for different types of
groundwarter bodies and the
various groundwater
dependent uses (e.g. drinking
water, Natura 2000 wetlands)
Mixed impacts. In some geographical
areas standards would be sufficiently
protective, others over protective and
others again not sufficiently protective.
Compliance
burden
No change.
Because this proposal is risk
based the compliance burden
will be proportionate to the
level of risk. More monitoring
and investigation may be
required in high-risk areas but
equally less intensive work
may be required in low risk
areas.
Additional regulatory controls
of activities may result
indirectly from this proposal.
However, it would facilitate a
risk based approach and
therefore the level of
regulation may be adjusted to
reflect the risk level of the
activity.
North South /
East West
relations
No change.
The proposal requires
cooperation and coordination
in relation to shared
groundwater bodies with
Northern Ireland. The United
Kingdom and Ireland are
committed to implementing
the directives in full.
The same applies as for Option 2.
However, the natural variation in
hydrogeological conditions would pose
significant difficulties for
implementation.
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CONSULTATION
This Regulatory Impact Analysis is a draft for the purpose of public consultation. It
accompanies the proposed draft regulations (also available at www.environ.ie ).
ENFORCEMENT AND COMPLIANCE
The Option 2 proposal to introduce a new protection regime for groundwater will
provide clear targets for improvements in groundwater status. In the case of
groundwater bodies requiring restoration to good status the WFD allows
exemptions within the strict rules laid down by the Directive. These include;
extended deadlines for compliance and alternative less stringent environmental
objectives where necessary. This means that the environmental objectives
established for groundwater bodies should be realistic and achievable.
The main purpose of the proposed regulations is to provide a basis for classifying
groundwater bodies. Hence, compliance with the proposed regulations primarily
relates to the classification process. It is proposed to assign this function to the
Environmental Protection Agency. The Agency already has overall responsibility
for managing the National monitoring programme for the assessment of water
status required by Article 8 of the WFD. It also has the relevant expertise to
classify groundwater bodies. Other public authorities, such as local authorities,
have responsibility for obtaining and providing monitoring information, necessary
for classification, to the Agency.
The proposed regulations place a general duty on all public authorities to
implement the necessary measures, appropriate to their functions, in order to
achieve the groundwater objectives established in river basin management plans.
However, the specific measures, which may be necessary to protect groundwater
bodies and bring about improvement, are not part of the proposed regulations.
These may be brought about through separate additional regulations or by
amendments to other existing regulations.
The Agency is also assigned a general oversight role, whereby it can advise or
direct a public body or other person to take certain actions to comply with the
regulations, such as; undertake additional monitoring, provide information or
implement specific measures. It is also assigned responsibility, to make
recommendations to the Minister, where it considers it necessary, in relation to
revisions to the water quality threshold values, the identification of hazardous and
non-hazardous substances, measures to prevent and limit pollutant inputs to
groundwater and rules setting out the circumstances where pollutant inputs to
groundwater from certain activities may be exempted from the prevent and limit
regulatory controls in place.
In the event that any responsible public bodies or other persons do not perform
their duty under the regulations a series of steps are provided for to compel them
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to comply with the regulations. These include powers to; request information,
issue advice and recommendations and ultimately apply for a court order.
With regard to the resources needed to enforce the regulations it is not possible to
provide precise costs. However, the direct costs (classification of groundwater
bodies) are expected to be within existing budgetary constraints. Additional
funding has already been made available to the Agency and local authorities for
the national monitoring programme required by Article 8 of the WFD. Minor
additional costs may arise due to additional monitoring and investigations required
in order to confirm status in some circumstances. Indirect costs may arise in
relation to protection and restoration measures, which may be needed to comply
with these regulations. However, the question of resources needed to comply with
and enforce such additional measures will be addressed if and when separate
regulations for such measures are being proposed in the future.
REVIEW
The European Communities (Water Policy) Regulations, 2003 (SI 722 of 2003)
already have a review mechanism built into the river basin planning cycle as
required under the WFD. Three planning cycles are identified, namely; 2009 to
2015, 2016 to 2021 and 2022 to 2027. At the end of each cycle the river basin
plans and their programmes of measures must be reviewed by the local
authorities and, if necessary, updated. The review is intended to assess progress
in achieving the objectives established at the beginning of each cycle. The
updated plan must contain; a summary of the review for the previous cycle, an
assessment of the progress made in achieving the environmental objectives
based on the results of the national monitoring programme, an explanation for any
environmental objectives which have not been reached, an explanation for, any
measures foreseen in the earlier version of the river basin management plan
which have not been undertaken and a summary of any additional interim
measures adopted since the publication of the previous version of the river basin
management plan.
Under the 2003 Regulations, the Environmental Protection Agency has an
important supervisory role in the river basin planning process. It must assess
each river basin plan and, if considered necessary for the purpose of the 2003
Regulations, it may recommend amendments to the plans to the Minister. The
Minister may, after consultation with other relevant Ministers of the Government,
competent authority in Northern Ireland or other persons, as he considers
appropriate, amend a river basin management plan by notice issued to the coordinating authority.
Separate from the above river basin plan review mechanism the current proposed
regulations provide mechanisms for the Agency to review the following, at its
discretion, and make recommendations to the Minister regarding updates or
changes, which it considers necessary;
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1. The list of threshold values for pollutants based on improved scientific
knowledge
2. The list of hazardous and non-hazardous pollutants
3. Amendments to existing pollution control measures or additional
pollution control measures which it considers necessary to comply with
the regulations
4. Rules setting out the circumstances where pollutant inputs to
groundwater from certain activities may be exempted from the prevent
and limit regulatory controls put in place.
SUMMARY OF PERFORMANCE OF OPTIONS/RECOMMENDED OPTION
As explained above Ireland is already committed to implementing the groundwater
protection requirements of the Water Framework Directive (2000/60/EC) and it’s
daughter Groundwater Directive (2006/118/EC). Therefore, Option 2 (Introduce
the proposed new strengthened regime for the protection of groundwater through
regulations) is the only realistic option. However, Option 1 (No policy change) and
Option 3 (introduction of EU wide environmental standards for groundwater) serve
as benchmarks for comparisons.
The comparisons demonstrate that the proposed regulations will strengthen the
protection of groundwater and it’s dependent uses (e.g. drinking water
abstractions and Natura 2000 wetlands dependent on groundwater). The
assessment of groundwater status will be more complex than in the past,
however, it will be a more accurate reflection of human impacts on status.
Realistic and achievable environmental objectives will be established for
groundwater bodies. The proposed protection regime is risk-based meaning that
the effort and resources invested in investigating status failures and taking action
to protect and remediate will be more focussed and cost effective.
ENDS.
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