Drafting group Mixing Zones London 11 December 2008

The “Mixing Zone-Express” 11 December 2008

Legal background I WFD (2000/60/EC) 10. Body of surface water. means a discrete and significant element of surface water such as a lake, reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water. 24. Good surface water chemical status. means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(7), and under other relevant Community legislation setting environmental quality standards at Community level. 35. Environmental quality standard. means the concentration of a particular pollutant or group of pollutants in water, sediment or biota which should not be exceeded in order to protect human health and the environment.

Legal background II Directive on EQS (ST03644[1]EN08) In accordance with Article 1 of this Directive and Article 4 of Directive 2000/60/EC, Member States shall apply the EQS laid down in Part A of Annex I to this Directive for bodies of surface water.

At the monitoring station? Applying EQS At the monitoring station? where should an EQS be met? X Everywhere? AGREE?

EQS should be met at outfall Applying EQS (II) EQS should be met at outfall Summary of costs to limit mixing zones by 2018 (ECORYS) Point source Investments (x mln euro) STPs 120 – 1,830 Industry 354 - 647 Sewer overflows ‘several billion euros’ Untreated household discharges 1,000 Total 1,474 – 3,477 + ‘several billion’

Legal background III Directive on EQS (ST03644[1]EN08) Article 4 Member States may designate mixing zones adjacent to points of discharge. Concentrations of one or more substances listed in Part A of Annex I may exceed the relevant EQS within such mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards. Member States that designate mixing zones shall include in RBMP’S produced in accordance with Article 13 of Directive 2000/60/EC a description of: the approaches and methodologies applied to define such zones; and measures taken with a view to reducing the extent of the mixing zones in the future, such as those pursuant to Article 11(3)(k) of Directive 2000/60/EC or by reviewing permits referred to in Directive 2008/1/EC or prior regulations referred to in Article 11(3)(g) of Directive 2000/60/EC.

Legal background Member States that designate mixing zones shall ensure that the extent of any such zone is: (a) restricted to the proximity of the point of discharge; (b) proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in the prior regulations, such as authorisations and/or permits, referred to in Article 11(3)(g) of Directive 2000/60/EC and any other relevant Community law, in accordance with the application of best available techniques and Article 10 of Directive 2000/60/EC, in particular after those prior regulations are reviewed. Technical guidelines for the identification of mixing zones shall be adopted in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.

Applying EQS (III) Mixing zone

This is not what we need to do! Mixing zones This is not what we need to do! 2-dimensional approaches based on Fischer equations empirical models, like CORMIX 3-dimensional models

Mixing zones

A description of each mixing zone is nonsense A description of a general approach might make sense

Mixing zones No problem to make it very complex Complex models; a lot of information and resources are needed Be pragmatic

Mixing zones Mandate for a drafting group under working group E and CMA Outline of guideline Definition The mixing zone is that part of a body of surface water adjacent to the point of discharge within which the Competent Authority is prepared to accept EQS exceedance, provided that it does not affect the compliance of the rest of the water body with EQS.

Mixing zones

Limit dimensions: L and W Mixing zones When do we have a mixing zone that does not affect the EQS of the rest of the water body. Limit dimensions: L and W

Legal background IV Article 10 (WFD) The combined approach for point and diffuse sources 10.3. Where a quality objective or quality standard, whether established pursuant to this Directive, in the Directives listed in Annex IX, or pursuant to any other Community legislation, requires stricter conditions than those which would result from the application of paragraph 2, more stringent emission controls shall be set accordingly. Article 10 (IPPC) Best available techniques and environmental quality standards Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall in particular be required in the permit, without prejudice to other measures which might be taken to comply with environmental quality standards. Article 19 (Industrial emissions) Environmental quality standards Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards.

Issues for discussion Definition MS may designate …. When? And why? A mixing zone for every point source vs a general approach What are the limits of the mixing zone. Mixing zones and good chemical status in 2015 Mixing zones and protected areas

Timetable: Mixing Zone Guidance I Initial meeting Paris September 2008 October 2008 Presentation of approach to WG-E SCG and Water Directors agree mandate November 2008 Drafting group 1st working draft to DG Environment December 2008 February 2009 Revisions and consultation with WG E Presentation of consolidated 1st draft to WG-E meeting March 2009 Start the testing of the guidance March 2009 Amend document to reflect Member State written comments June 2009

Timetable: Mixing Zone Guidance II Final version agreed at WG-E October 2009 November 2009 SCG and Water Directors adopt final version November 2009 /Spring 2010 Article 21 Committee Transposition of Daughter Directive June 2010 December 2015 Use of Guidance for RBMP2

“Mixing Zone – Express” will arrive on time

Mixing zones X