Review of the Daughter Directives of the Discharge of Dangerous Substances Directive Thomas Zabel

Reason for the Study Article 16(10) of the WFD The Commission “shall review all Daughter Directives of the DSD. It shall propose..a revision of the controls for those List I on the Priority List...and shall propose appropriate measures including the possible repeal of controls for the List I not on the Priority List.”

Objectives of the Study To assist the EAF together with the Haskoning study: in developing measures for the List I Substances on the Priority List for control under the WFD; in reviewing the measures for the control of the List I not on the EU Priority List

Background to the Study Emphasis on point sources of List I covered by DSD Daughter Directives Additional elements may therefore be required for the control of the List I Substances on the Priority List (PHSs) Report based on risk assessments, summary documents from different organisations, general literature and Haskoning study

Substances covered PHS: cadmium, mercury, HCH, HCB, HCBD PS under review: trichlorobenzene, pentachlorophenol PS: chloroform, 1,2-dichloroethane Non-PS: DDT, Drins, carbon tetrachloride, tetrachloroethylene, trichloroethylene

Areas covered Quality Standards (QSs) Emission control measures (emission limit values (ELVs) and other measures) Reporting

Legislation DSD covers only certain sectors and separate approach ELVs and QSs For WFD and IPPCD controls in DSD minimum standards and combined approach IPPC Directive applies only to certain sectors and above certain capacities ELVs and QSs under WFD would also apply to IPPC installations

Reporting Few trend data except for Cd and Hg Load reduction data for North Sea countries but not consistent assessment To assess impact of measures under WFD  Trend data (e.g. are levels decreasing?)  Assessment against QSs (e.g. is the aquatic environment protected?)

Quality Standards (QSs) QSs for the List I Substances on the Priority List should be reviewed using WFD methodology and included in the measures being developed under WFD Need for sediment or biota QSs should be considered for HCH, HCB, HCBD, pentachlorobenzene, trichlorobenzene (still used or historical use, persistent, adsorb to sediment and bioaccumulate)

Quality Standards (QSs) For the List I Substances not on the Priority List:  No need to update QSs as the substances are either not used anymore or standards are sufficiently protective  QSs should be included in the measures being developed under the WFD (with less strict monitoring/reporting requirements?)

Emission Limit Values (ELVs)- PS ELVs in the DSDs for Cd, Hg, trichlorobenzene, chloroform and 1,2 dichloroethane need to be revised and included in measures under the WFD Additional ELVs may be needed for:  Cd -phosphoric acid/fertiliser plants  HCH-formulation plants  HCB and HCBD for production of PER and TRI

Emission Limit Values (ELVs) The ELVs for the following sectors may be repealed:  HCB - Production plants  HCH - Lindane extraction plants  DDT - Production plants  Drins - Production plants “Safe guard” clause in measures under WFD - any future activity “zero pollutant”

Emission Limit Values For some activities measures other than ELVs may be more appropriate: Mercury discharged by dentists - equipment standards - dentist chairs Operating standards set by authorities in the MS with reference to QSs - chloroform produced by disinfection of waters, pentachlorophenol used for wood treatment

Emission Limit Values - non - PS The ELVs in the DSDs, which will not be repealed could be included in the measures developed under the WFD The control of sectors not controlled by ELVs under the DSDs could be left to the authorities in the MS as most will be controlled under the IPPC Directive or other Community legislation

Additional Controls Additional Controls may be needed for instance under the Marketing and Use, Biocides or Pesticides Directives or pharmaceutical regulations if a cessation/phase out is to be achieved for cadmium, mercury and trichlorobenzene