2015 No. 45
The Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department of the Environment being a Department designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the Environment acting in exercise of the powers conferred upon it by that section and by Article 5 of the Water (Northern Ireland) Order 1999 F3 makes the following Regulations:
Citation, commencement and interpretation1
These Regulations may be cited as the Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 4th March 2015.
2
The Interpretation Act (Northern Ireland) 1954 F4 applies to these Regulations as it applies to an Act of the Assembly.
Amendments to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 20113
1
The Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011 F5 are amended in accordance with paragraphs (2) to (9).
2
In regulation 2 (interpretation)—
a
for the definition of “biological boundary value” substitute—
“biological boundary value” in respect of biological quality elements means the classification boundaries for ecological status as set out in Annex V of the Water Framework Directive and as agreed following the EU intercalibration exercise F6;
b
after the definition of “biological boundary value” insert—
“cyprinid” means a type of lake or river which, in the Department's judgement, would support a sustainable fish population dominated by cyprinid species;
c
after the definition of “river basin management plan” insert—
“salmonid” means a type of lake or river which, in the Department's judgement, would support a sustainable fish population dominated by salmonid species;
“shellfish waters” means any water classified under the Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997 F7;
3
For regulation 4 (Environmental standards for priority substances and other dangerous substances) substitute—
Environmental standards for priority substances, Intermittent Discharge Standards and standards for Shellfish Waters4
1
Subject to paragraph (2), the Department shall apply the standards for priority substances in Table 46 of Part 2 of Schedule 1 to surface waters or parts thereof.
2
The Department may apply standards for sediment or for biota or for both sediment and biota to certain substances instead of the standards set out in Table 46 of Part 2 of Schedule 1 in certain categories of surface waters. If the Department applies this option:
a
it shall apply for mercury and its compounds, a standard of 20 µg/kg, and/or for hexachlorobenzene, a standard of 10 µg/kg, and/or for hexachlorobutadiene, a standard of 55 µg/kg, these standards being for prey tissue (wet weight), choosing the most appropriate indicator from among fish, molluscs, crustaceans and other biota;
b
it shall ensure that the standards applied for sediment and biota offer at least the same level of protection as the standards for water set out in Table 46 of Part 2 of Schedule 1;
c
it shall determine for the substances mentioned in sub paragraphs (a) and (b), the frequency of monitoring in biota and/or sediment;
d
it shall monitor biota and sediment at least annually, unless technical knowledge and expert judgement justify a different interval.
3
The Department shall apply the standards for intermittent discharges specified in Part 4 of Schedule 1.
4
The Department shall apply the standards for shellfish waters specified in Part 1 of Schedule 5 and endeavour to respect the guideline values and comments specified in Part 2 of that Schedule.
4
In regulation 7(2) for “Table 38” substitute “
Table 46
”
.
5
In regulation 8(1) for “Table 38” substitute “
Table 46
”
.
6
For Schedule 1 substitute Schedule 1 to these Regulations.
7
For Schedule 2 substitute Schedule 2 to these Regulations.
8
For Schedule 3 substitute Schedule 3 to these Regulations.
9
Following Schedule 4 insert Schedule 4 to these Regulations.
Revocations4
The Surface Waters (Fishlife) (Classification) Regulations (Northern Ireland) 1997 F8 are revoked.
5
The Surface Waters (Fishlife) (Classification) (Amendment) Regulations (Northern Ireland) 2007 F9 are revoked.
Sealed with the Official Seal of the Department of the Environment on 10th February 2015.
SCHEDULE 1Schedule substituted for Schedule 1 to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011
SCHEDULE 1
PART 1Criteria for identifying the types of river, lake or transitional water to which the environmental standards specified in Part 2 of this Schedule apply
1
Subject to paragraph 2, to determine the dissolved oxygen, ammonia and biochemical oxygen demand standards applicable to a river or any part thereof, the Department shall assign to that river or part thereof the Type specified in Table 1 below which corresponds with the applicable site altitude and applicable alkalinity range specified in that Table.
2
Having assigned a Type in accordance with Table 1, the Department shall assign the subsequent Type in accordance with column 1 of Table 2 below.
3
To determine the morphological conditions applicable to a river or part thereof, the Department shall assign to that river or part thereof the Type specified in Table 3 below which corresponds with the applicable descriptions in that Table.
4
To determine the river flow standards applicable to a river or any part thereof, the Department shall assign the Type specified in column 1 of Table 4 below which corresponds to the applicable descriptions specified in columns 2, 3 and 4 of that Table.
5
To determine the total phosphorus standards to apply to a lake or any part thereof, the Department shall assign to that lake or part thereof the appropriate geological category, depth category and colour category specified in Tables 5, 6 and 7 below respectively.
6
To determine the lake level standards applicable to a lake or any part thereof, the Department shall assign the Type specified in columns 1 and 2 of Table 8 below.
7
To determine the morphological conditions applicable to a lake or any part thereof, the Department shall assign the hydromorphological characteristics of the lake or part thereof as being of the type specified in column 1 of Table 9 below which corresponds to the applicable measurements specified in columns 3 and 4 of that Table.
Table 1Criteria for identifying the types of river to which the dissolved oxygen, ammonia and biochemical oxygen demand standards for rivers apply
Site Altitude
Alkalinity (as mg/l CaCO3)
Less than 10
10 to 50
50 to 100
100 to 200
Over 200
Under 80 metres
Type 1
Type 2
Type 3
Type 5
Type 7
Over 80 metres
Type 4
Type 6
Table 2
Final typology for dissolved oxygen, ammonia and biochemical oxygen demand in rivers
Column 1
Column 2
Upland and low alkalinity
Types (1+2), 4 and 6
Lowland and high alkalinity
Types 3, 5 and 7
Table 3Criteria for identifying types of river to which morphological conditions apply
Type
Characteristics
Bedrock channel
Normally high altitude
Channel cuts down laterally
May have waterfalls and/or cascades
Bedrock substrate
Cascade Step Pool
Normally high altitude
Channel cuts down
Both turbulent and tranquil flows
Cobble and boulder substrate
Pool-riffle-glide
Normally medium altitude
Often not confined within a valley
Slightly meandering
Pebble and cobble substrate
Meandering
Normally low altitude
Flow laminar and would naturally interact with floodplain
Meandering
More fines than other substrates
Table 4Criteria for identifying types of river to which the river flow standards apply
Column 1
Column 2
Column 3
Column 4
Type
Standard Average Annual Rainfall mm (period 1961-1990)
Base Flow Index (BFI)
Catchment area (km2)
A1
< 810.5
< 0.715
Any
≥ 0.715
≥ 251.8
A2
< 810.5
≥ 0.715
< 251.8
≤ 100 (A2 headwaters)
> 100 (A2 downstream)
≥ 810.5 and < 1413
≥ 0.7495
Any
≤ 100 (A2 headwaters)
> 100 (A2 downstream)
B1
≥ 810.5 and < 1155
≥ 0.3615 and < 0.7495
< 267.4
B2
≥ 810.5 and < 1413
≥ 0.3615 and < 0.7495
< 267.4
C2
≥ 1155 and < 1413
≥ 0.3615 and < 0.7495
< 267.4
≥ 1413
≥ 0.3615
≥ 32.33
D2
≥ 1413
≥ 0.3615
< 32.33
≥ 810.5
< 0.3615
Any
Table 5Geological categories to which total phosphorus, phytoplankton and phytobenthos standards for lakes apply
Geological category
Annual mean alkalinity (micro-equivalents per litre)
Low alkalinity
< 200
Moderate alkalinity
200 – 1000
High alkalinity
> 1000
Marl
Table 6Depth categories to which total phosphorus standards for lakes apply
Depth category
Mean depth (metres)
Very shallow
< 3
Shallow
3 – 15
Deep
> 15
Table 7Colour categories to which total phosphorus standards for lakes apply
Colour category
Platinum (mg/l)
Humic
> 30
Non humic
≤ 30
Table 8Geological characteristics used to identify lake types to which lake level standards apply
Categories
Column 1
Column 2
Peat
Non-Peat
mean water colour ≥90 hazen units; or
mean water colour <90 hazen units; or
≥75% of solid catchment area comprised of peat
<75% of solid catchment area comprised of peat
Table 9Hydromorphological characteristics used to identify lake types to which morphological conditions apply
Column 1
Column 2
Column 3
Column 4
Type
Lake-MImAS1 code
Mean Depth
Alkalinity
Low Alkalinity
Very Shallow
P/L-vS
<4m
< 20 mgl-1 CaCO3
Low Alkalinity Shallow/Deep
P/L-ShD
>4m
< 20 mgl-1 CaCO3
Moderate Alkalinity Very Shallow
MA-vS
<4m
20 – 100 mgl-1 CaCO3
Moderate Alkalinity Shallow/Deep
MA-ShD
>4m
20 – 100 mgl-1 CaCO3
High Alkalinity Very Shallow
HA/M-vS
<4m
> 100 mgl-1 CaCO3
High Alkalinity Shallow/Deep
HA/M-ShD
>4m
> 100 mgl-1 CaCO3
1 Morphological Impact Assessment System
PART 2Environmental Standards
Environmental standards for river water quality1
Once the Department has, in accordance with paragraphs 1 and 2 of Part I of this Schedule, assigned to a river or any part thereof a Type—
a
specified in column 1 of Table 1 below, it shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” dissolved oxygen standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof;
b
specified in column 1 of Table 2 below, it shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” ammonia standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof;
c
specified in column 1 of Table 3 below, it shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” biochemical oxygen demand standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof.
2
The Department shall apply the “high”, “good”, “moderate”, “poor” or “bad” biochemical oxygen demand standard specified in Table 3 below only for the purpose of deciding action to meet the standard for dissolved oxygen.
3
The Department shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” reactive phosphorus standard to all rivers or parts of such rivers, calculated in accordance with the formula specified in sub paragraph (a)—
a
RP standard = 10^((1.0497 x log10(A)+1.066) x (log10(reference condition RP)- log10(3,500)) + log10(3,500));
b
In relation to the above formula—
“RP standard” is the annual mean concentration of reactive phosphorus in ug/l estimated for the lower class boundary of high, good, moderate and poor ecological status, depending on the value of “A” used;
“A” has the value 0.702 when calculating the standard for high; 0.532 when calculating the standard for good; 0.356 when calculating the standard for moderate; and 0.166 when calculating the standard for poor;
“reference condition RP” = 10^(0.454 (log10alk) – 0.0018 (altitude) + 0.476) and represents the annual mean concentration of reactive phosphorus at near natural conditions. If the predicted value of reference condition RP is <7ug/l, reference condition RP is set to 7ug/l;
“log10alk” means log10(alkalinity), where alkalinity is the concentration of CaCO3 in mg/l. For sites with an alkalinity greater than 250, alkalinity is set to 250. For sites with an alkalinity less than 2, it is set to 2;
“altitude” means the site's altitude above sea level in metres. For sites with an altitude greater than 355 metres, altitude is set to 355 metres.
4
The Department shall apply, as applicable, the “high”, “good”, “moderate” or “poor” temperature standards specified in columns 2, 3, 4 and 5 respectively of Table 4 below.
Environmental standards for river flows5
1
Once the Department has, in accordance with paragraph 4 of Part I of this Schedule, assigned to a river or part thereof a Type specified in column 1 of Tables 5, 6, 7 or 8 below, it shall apply, as applicable, the “high”, “good”, “moderate” or “poor” river flow standards as specified by the boundary values in those Tables to that river or part thereof.
2
The Department may, when assessing the water balance results against the “high”, “good”, “moderate” and “poor” boundary values, take into account the spatial extent of the river flow standard based upon the contiguous length or percentage length of the river water body.
3
The result of this classification shall be used only to determine “high” status in accordance with Part 1 of Schedule 2.
Environmental standards for lake water quality6
The Department shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” dissolved oxygen standard specified in Table 9 below to all lakes or parts of such lakes.
7
The Department shall apply the “good” salinity standard specified in Table 10 below to all lakes or parts of such lakes.
8
Once the Department has, in accordance with paragraph 5 of Part I of this Schedule, assigned to a lake or part thereof a geological category, depth category and colour category specified in Tables 5, 6 and 7 in that Part, it shall apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” total phosphorus standard to that lake or part thereof, calculated in accordance with the formulae specified in columns 1, 2, 3, 4 and 5 respectively of Table 11 below, where in relation to those formulae—
“R” represents the annual mean total phosphorus concentration expected for the lake in the absence of more than very minor phosphorus inputs to the lake resulting from human activities and, where a reliable estimate of ‘C’ is available, shall have the value given by the formula: Antilog10 [1.36 – (0.09 x A) + (0.24 x B)] for non-humic lakes; and Antilog10 [1.62 – (0.09) x A + (0.24 x B)] for humic lakes;
“A” = Log10 of the altitude in metres above mean sea level of the lake;
“B” = Log10 (C÷D);
“C” = the mean alkalinity of the lake in milli-equivalents per litre estimated for the lake;
“D” = the mean depth of the lake in metres;
“H” = 0.755 + (0.012 x C) – (0.001 x D); or 0.7, whichever is larger value; and
“G” = 0.506 + (0.023 x C) – (0.002 x D); or 0.46, whichever is the larger value.
9
If the Department does not have the necessary data to calculate the total phosphorus standard applicable to a lake or part thereof in accordance with paragraph 8, it shall apply, as applicable to the lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” total phosphorus standard specified in column 2, 3, 4, 5 and 6 respectively, of Table 12 below which corresponds with the combination of geological category and depth categories specified in column 1 of that Table that is applicable to the lake or part thereof.
Environmental standards for protection of inland lake water levels10
Once the Department has assigned the characteristics of a lake or part thereof, in accordance with paragraph 6 of Part I of this Schedule, it shall apply, as applicable, to the lake or part thereof the “high”, “good”, “moderate” or “poor” lake standards specified in columns 1, 2, 3 and 4 of Table 13.
Environmental standards for transitional and coastal water quality11
The Department shall apply, as applicable, the dissolved oxygen standards for “high”, “good”, “moderate”, “poor” or “bad” specified in Table 14 and Table 15 below to transitional or coastal waters or parts thereof.
12
The Department shall apply, as applicable, the dissolved inorganic nitrogen standards for “high”, “good”, “moderate”, “poor” or “bad” specified in Table 16 below to transitional or coastal waters or parts thereof.
Environmental standards for specific pollutants13
The Department shall apply, as applicable, the standards for specific pollutants given in Tables 17 to 45 below to surface waters or parts thereof.
Environmental Standards for River Water QualityTable 1Standards for dissolved oxygen in rivers
Dissolved oxygen (percent saturation)
(10-percentile)
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Type1
High
Good
Moderate
Poor
Bad
Upland and low alkalinity
80
75
64
50
< 50
Lowland and high alkalinity
70
60
54
45
< 45
1 Where a lowland, high alkalinity river is a salmonid river the standards for the upland, low alkalinity type will apply.
Table 2Standards for ammonia in rivers
Total ammonia1(mg/l)
(90-percentile)
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Type
High
Good
Moderate
Poor
Bad
Upland and low alkalinity
0.2
0.3
0.75
1.1
> 1.1
Lowland and high alkalinity
0.3
0.6
1.1
2.5
> 2.5
1 Note that Ammonia is a Specific Pollutant and considered as such for compliance. It is included in this section as it is commonly assessed alongside the other inorganic chemistry elements.
Table 3Standards for Biochemical Oxygen Demand in rivers
Biochemical oxygen demand (mg/l)1
(90-percentile)
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Type2
High
Good
Moderate
Poor
Bad
Upland and low alkalinity
3
4
6
7.5
> 7.5
Lowland and high alkalinity
4
5
6.5
9
> 9
1 The standard for Biochemical Oxygen Demand shall be used when deciding action to meet the standard for dissolved oxygen.
2 Where a lowland, high alkalinity river is a salmonid river the standards for the upland, low alkalinity type will apply.
Table 4Standards for temperature in rivers
Temperature (◦C) as an annual 98th percentile standard
Column 1
Column 2
Column 3
Column 4
Column 5
Type
High
Good
Moderate
Poor
Salmonid
20
23
28
30
Cyprinid
25
28
30
32
Table 5High environmental standards for river flows
Permitted abstraction per day as a percentage of the natural mean daily flow(Q)1
High
Column 1
Column 2
Column 3
Maximum permitted % abstraction at Q exceeding Q952
Maximum permitted % abstraction at Q not exceeding Q95
A1, A2 (downstream), A2 (headwaters), B1, B2, C2, D2
10
5
1 ‘Q’ is the mean daily flow for a specified period of time
2 ‘Qx’ is the Q that is expected to be exceeded by ‘x’ percent for a specified period of time
Table 6Good environmental standards for river flows
Permitted abstraction per day as a percentage of the natural mean daily flow(Q)
Good
Column 1
Column 2
Column 3
Column 4
Column 5
River type
Maximum % abstraction at Q exceeding Q60
Maximum % abstraction at Q exceeding Q70
Maximum % abstraction at Q exceeding Q95
Maximum % abstraction at Q not exceeding Q95
A1
35
30
25
20
A2 (downstream), B1, B2
30
25
20
15
A2 (headwaters), C2, D2
25
20
15
10
Table 7Moderate environmental standards for river flows
Permitted abstraction per day as a percentage of the natural mean daily flow(Q)
Moderate
Column 1
Column 2
Column 3
Column 4
Column 5
River type
Maximum % abstraction at Q exceeding Q60
Maximum % abstraction at Q exceeding Q90
Maximum % abstraction at Q exceeding Q95
Maximum % abstraction at Q not exceeding Q95
A1
70
50-701
50
45
A2 (downstream), B1, B2,
70
45-701
45
40
A2 (headwaters), C2, D2
70
40-701
40
35
1 incremental increase in allowable take at flows <Q60 to ≥ Q90
Table 8Poor environmental standards for river flows
Permitted abstraction per day as a percentage of the natural mean daily flow(Q)
Poor
Column 1
Column 2
Column 3
Column 4
Column 5
River type
Maximum % abstraction at Q exceeding Q60
Maximum % abstraction at Q exceeding Q90
Maximum % abstraction at Q exceeding Q95
Maximum % abstraction at Q not exceeding Q95
A1
Qx less 25% of Q90
Qx less 25% of Q90
75
70
A2 (downstream), B1, B2,
Qx less 30% of Q90
Qx less 30% of Q90
70
65
A2 (headwaters), C2, D2
Qx less 35% of Q90
Qx less 35% of Q90
65
60
Environmental Standards for Lake Water QualityTable 9Standards for dissolved oxygen in lakes
Status
Mean in July – August (mg/l)
Salmonid
Cyprinid
High
9
8
Good
7
6
Moderate
4
4
Poor
1
1
Bad
< 1
< 1
Table 10Salinity Standards for lakes with no natural saline influence
Status
Proposed Boundary
Annual Mean (micro Siemens per centimetre)
Good
1000
Table 11Total phosphorus standards for lakes
Annual mean concentration of total phosphorous (µg/l)
Column 1
Column 2
Column 3
Column 4
Column 5
High
Good
Moderate
Poor
Bad
R ÷ H; or 5, whichever is the larger value
R ÷ G; or 8, whichever is the larger value
(R ÷ G) ÷ 0.5
(R ÷ G) ÷ 0.25
> (R ÷ G) ÷ 0.25
Table 12Type-specific total phosphorus standards for lakes where the standards specified in Table 11 above do not apply
Annual mean concentration of total phosphorus (µg/l)
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Geological and depth category
High
Good
Moderate
Poor
Bad
High alkalinity; shallow
16
23
46
92
> 92
High alkalinity; very shallow
23
31
62
124
> 124
Moderate alkalinity; deep
8
12
24
48
> 48
Moderate alkalinity; shallow
11
16
32
64
> 64
Moderate alkalinity; very shallow
15
22
44
88
> 88
Low alkalinity; deep
5
8
16
32
> 32
Low alkalinity; shallow
7
10
20
40
> 40
Low alkalinity; very shallow
9
14
28
56
> 56
Marl; shallow
9
20
40
80
> 80
Marl; very shallow
10
24
48
96
> 96
Table 13Environmental standards for lake water levels
Daily maximum % reduction in the habitable zone lake surface area for 99% of the days in any year
Column 1
Column 2
Column 3
Column 4
High
Good
Moderate
Poor
1
5
10
20
The habitable zone lake surface is dependent on whether the lake is considered to have the geological sub-type “Peat” or “Non-Peat”.
The habitable zone lake surface area means the proportion of the reference conditions1 lake surface area from the shore to a depth 5 metres deeper than the depth to which light penetration to the lake bed would be sufficient to enable the growth of rooted plants (macrophytes) or bottom-living algae.
In the absence of field data to the contrary, the depth to which light penetration to the lake bed is sufficient to enable the growth of rooted plants (macrophytes) or bottom-living algae may be taken to be 2 metres for lakes with the geological sub-type of “Peat” and 7 metres for “Non-Peat” lakes. The lake habitable zone extends 5m below the level of light penetration to account for impacts on the aphotic habitat.
1 The reference conditions lake surface area means the natural lake surface area in the absence of any abstractions, discharges or other man-made influences
Environmental Standards for Transitional and Coastal Water QualityTable 14Dissolved oxygen standards for transitional and coastal waters with salinities normalised to 35
Dissolved oxygen concentrations (mg/l) as 5-percentile values
High
5.7
Good
4.0
Moderate
2.4
Poor
1.6
Bad
<1.6
Table 15Dissolved oxygen standards for transitional and coastal waters with salinities <35
Dissolved oxygen concentrations (mg/l) as 5-percentile values
High
≥5.7
Good
≥4.0 and <5.7
Moderate
≥2.4 and <4.0
Poor
≥1.6 and <2.4
Bad
<1.6
Table 16Dissolved inorganic nitrogen standards for coastal waters with salinities from 30-34.5 normalised to salinity of 32, and transitional waters with salinities < 30 normalised to a salinity of 25.
Mean dissolved inorganic nitrogen concentration (micromoles per litre) during the period 1st December to 28th February
High
12
Good
18
Moderate
30
Poor
40.5
Bad
>40.5
Environmental Standards for Specific PollutantsTable 17Environmental standards for 2,4-Dichlorophenoxyacetic acid (2,4-D)
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 21
Column 3
Column 41
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.3
1.3
0.3
1.3
1 The standards for 2,4 D specified in Column 2 and Column 4 must not be used for the purpose of classifying the ecological status or potential of bodies of surface water.
Table 18Environmental standards for 2,4-Dichlorophenol
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
4.2
140
0.42
6
Table 19Environmental standards for 3,4-Dichloroaniline
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.2
5.4
0.2
5.4
Table 20Environmental standards for arsenic (dissolved)
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 11
Column 21
Annual mean (µg/l)
Annual mean (µg/l)
50
25
1 The standard for arsenic refers to the dissolved fraction of a water sample obtained by filtration through a 0.45µm filter or any equivalent pre-treatment
Table 21Environmental standards for benzyl butyl phthalate
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 2
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
7.5
51
0.75
10
Table 22Environmental standards for carbendazim
Good standards for rivers and freshwater lakes
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
0.15
0.7
Table 23Environmental standards for chlorine
Good standards for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 21
Column 31
Annual mean concentration (µg/l) of total available chlorine
95-percentile concentration (µg/l) of total available chlorine
95-percentile concentration (µg/l) of total residual oxidant2
2
5
10
1 The standards for chlorine specified in Column 2 and 3 must not be used for the purpose of classifying the ecological status or potential of bodies of surface water.
2 The term “total residual oxidants” refers to the sum of all oxidising agents existing in water, expressed as available chlorine.
Table 24Environmental standards for chlorothalonil
Good standards for rivers and freshwater lakes
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
0.035
1.2
Table 25Environmental standards for chromium VI
Good standard for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 31
Annual mean concentration (µg/l) of dissolved chromium VI
Annual mean concentration (µg/l) of dissolved chromium VI
95-percentile concentration (µg/l) of dissolved chromium VI
3.4
0.6
32
1 The standard for chromium VI specified in column 3 must not be used for the purpose of classifying the ecological status or potential of bodies of surface water.
Table 26Environmental standards for chromium III
Good standards for rivers and freshwater lakes
Column 1
Column 21
Annual mean concentration (µg/l) of dissolved chromium III
95-percentile concentration (µg/l) of dissolved chromium III
4.7
32
1 The standard for chromium III specified in column 2 must not be used for the purpose of classifying the ecological status or potential of bodies of surface water
Table 27Environmental standards for copper
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters2
Column 1
Column 2
Annual mean concentration (µg/l) of dissolved copper
Annual mean concentration (µg/l) of dissolved copper
1(bioavailable)1
3.76 µg/l dissolved, where DOC3 ≤ 1 mg/l
3.76 +(2.677 × ((DOC/2) - 0.5)) µg/l dissolved, where DOC > 1 mg/l
1 bioavailable means the fraction of the dissolved concentration of copper likely to result in toxic effects as determined using the Metal Bioavailability Assessment Tool (also referred to as a PNEC Estimator) for copper.
2 The recommended salt water standard applies to the fraction of a water sample that passes through a 0.45-µm filter or that is obtained by any equivalent pre-treatment.
3 “DOC” means the annual mean concentration of dissolved organic carbon in mg/l.
Table 28Environmental standards for cyanide
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 21
Column 3
Column 41
Annual mean concentration (µg/l) of ‘free’ cyanide (HCN and CN)
95-percentile concentration (µg/l) of ‘free’cyanide (HCN and CN)
Annual mean concentration (µg/l) of hydrogen cyanide
95-percentile concentration (µg/l) of hydrogen cyanide
1
5
1
5
1 The standards for cyanide specified in column 2 and column 4 must not be used for the purpose of classifying the ecological status or potential of bodies of surface water.
Table 29Environmental standards for cypermethrin
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (ng/l)
0.1
Annual mean (ng/l)
0.1
95-percentile (ng/l)
0.4
95-percentile (ng/l)
0.41
Table 30Environmental standards for diazinon
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.01
0.02
0.01
0.26
Table 31Environmental standards for dimethoate
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.48
4.0
0.48
4.0
Table 32Environmental standards for glyhosate
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
196
398
196
398
Table 33Environmental standards for iron
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 2
Annual mean concentration (mg/l) of dissolved iron
Annual mean concentration (mg/l) of dissolved iron
1
1
Table 34Environmental standards for linuron
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.5
0.9
0.5
0.9
Table 35Environmental standards for manganese
Good standard for rivers and freshwater lakes
Annual mean (µg/l) bioavailable
1231
1 bioavailable means the fraction of the dissolved concentration of manganese likely to result in toxic effects as determined in accordance with the Metal Bioavailability Assessment Tool for manganese.
Table 36Environmental standards for mecoprop
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
18
187
18
187
Table 37Environmental standards for methiocarb
Good standards for rivers and freshwater lakes
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
0.01
0.77
Table 38Environmental standards for pendimethalin
Good standards for rivers and freshwater lakes
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
0.3
0.58
Table 39Environmental standards for permethrin
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.001
0.01
0.0002
0.001
Table 40Environmental standards for phenol
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
7.7
46
7.7
46
Table 41Environmental standards for tetrachloroethane (TCE)
Good standards for rivers and freshwater lakes
Column 1
Column 2
Annual mean (µg/l)
95-percentile (µg/l)
140
1848
Table 42Environmental standards for toluene
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
74
380
74
370
Table 43Environmental standards for triclosan
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Column 3
Column 4
Annual mean (µg/l)
95-percentile (µg/l)
Annual mean (µg/l)
95-percentile (µg/l)
0.1
0.28
0.1
0.28
Table 44Environmental standards for un-ionised ammonia as nitrogen
Good standard for rivers and freshwater lakes
Good standard for transitional and coastal waters
Annual mean (µg/l)
Annual mean (µg/l)
Not applicable
21
Table 45Environmental standards for zinc
Good standards for rivers and freshwater lakes
Good standards for transitional and coastal waters
Column 1
Column 2
Annual mean
Annual mean
10.9 bioavailable1 plus Ambient Background Concentration2 (µg/l) dissolved
6.8 dissolved plus Ambient Background Concentration (µg/l)
1 bioavailable means the fraction of the dissolved concentration of zinc likely to result in toxic effects as determined using the Metal Bioavailability Assessment Tool (also referred to as a PNEC Estimator) for zinc.
2 Ambient Background Concentration is an estimate of background levels of zinc based on a low percentile of monitoring data. A figure of 1 µg/l has been estimated for freshwaters in Northern Ireland.
Environmental Standards for Priority Substances and other SubstancesTable 46Environmental quality standards for priority substances and other substances for which standards have been set at EU-level
Name of substance
Chemical Abstracts Service number
All rivers and lakes
All transitional and coastal waters
Good
Good
Annual mean1 (AA-EQS) (µg/l)
Maximum allowable concentration2 (MAC-EQS) (µg/l)
Annual mean1 (AA-EQS) (µg/l)
Maximum allowable concentration2 (MAC-EQS) (µg/l)
Alachlor
15972-60-8
0.3
0.7
0.3
0.7
Anthracene
120-12-7
0.1
0.4
0.1
0.4
Atrazine
1912-24-9
0.6
2.0
0.6
2.0
Benzene
71-43-2
10
50
8
50
Brominated diphenylether3
32534-81-9
0.0005
not applicable
0.0002
not applicable
Cadmium and its compounds (depending on water hardness classes)4
7440-43-9
≤ 0.08
(class 1)
≤ 0.45
(class 1)
0.2
≤ 0.45
(class 1)
0.08
(class 2)
0.45
(class 2)
0.45
(class 2)
0.09
(class 3)
0.6
(class 3)
0.6
(class 3)
0.15
(class 4)
0.9
(class 4)
0.9
(class 4)
0.25
(class 5)
1.5
(class 5)
1.5
(class 5)
Carbon-tetrachloride
56-23-5
12
not applicable
12
not applicable
C10-13 Chloroalkanes
85535-84-8
0.4
1.4
0.4
1.4
Chlorfenvinphos
470-90-6
0.1
0.3
0.1
0.3
Chlorpyrifos (Chlorpyrifos-ethyl)
2921-88-2
0.03
0.1
0.03
0.1
Cyclodiene pesticides:
Aldrin
309-00-2
Σ=0.01
not applicable
Σ=0.005
not applicable
Dieldrin
60-57-1
Endrin
72-20-8
Isodrin
465-73-6
DDT total5
not applicable
0.025
not applicable
0.025
not applicable
Para-para-DDT
50-29-3
0.01
not applicable
0.01
not applicable
1,2-Dichloroethane
107-06-2
10
not applicable
10
not applicable
Dichloromethane
75-09-2
20
not applicable
20
not applicable
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
not applicable
1.3
not applicable
Diuron
330-54-1
0.2
1.8
0.2
1.8
Endosulfan
115-29-7
0.005
0.01
0.0005
0.004
Fluoranthene
206-44-0
0.1
1
0.1
1
Hexachloro-benzene
118-74-1
0.016
0.05
0.016
0.05
Hexachloro-butadiene
87-68-3
0.16
0.6
0.16
0.6
Hexachloro-cyclohexane
608-73-1
0.02
0.04
0.002
0.02
Isoproturon
34123-59-6
0.3
1.0
0.3
1.0
Lead and its compounds
7439-92-1
7.2
not applicable
7.2
not applicable
Mercury and its compounds
7439-97-6
0.056
0.07
0.056
0.07
Naphthalene
91-20-3
2.4
not applicable
1.2
not applicable
Nickel and its compounds
7440-02-0
20
not applicable
20
not applicable
Nonylphenol (4-Nonylphenol)
104-40-5
0.3
2.0
0.3
2.0
Octylphenol ((4-(1,1',3,3'-tetramethylbutyl)-phenol))
140-66-9
0.1
not applicable
0.01
not applicable
Pentachloro-benzene
608-93-5
0.007
not applicable
0.0007
not applicable
Pentachloro-phenol
87-86-5
0.4
1
0.4
1
Benzo(a)pyrene
50-32-8
0.05
0.1
0.05
0.1
Benzo(b)fluor-anthene
205-99-2
Σ=0.03
not applicable
Σ=0.03
not applicable
Benzo(k)fluor-anthene
207-08-9
Benzo(g,h,i)-perylene
191-24-2
Σ=0.002
not applicable
Σ=0.002
not applicable
Indeno(1,2,3-cd)-pyrene
193-39-5
Simazine
122-34-9
1
4
1
4
Tetrachloro-ethylene
127-18-4
10
not applicable
10
not applicable
Trichloro-ethylene
79-01-6
10
not applicable
10
not applicable
Tributyltin compounds (Tributhyltin-cation)
36643-28-4
0.0002
0.0015
0.0002
0.0015
Trichloro-benzenes
12002-48-1
0.4
not applicable
0.4
not applicable
Trichloro-methane
67-66-3
2.5
not applicable
2.5
not applicable
Trifluralin
1582-09-8
0.03
not applicable
0.03
not applicable
1 This parameter is the Environmental Quality Standard expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentrations of all isomers of the pollutant concerned.
2 This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
3 For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
4 For cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (class 1: <40mg CaCO3/l, class 2: 40 to <50mg CaCO3/l, class 3: 50 to <100mg CaCO3/l, class 4: 100 to <200mg CaCO3/l and class 5: ≥200mg CaCO3/l).
5 DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS number 72-55-9; EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 72-54-8; EU number 200-783-0).
6 If the Department does not apply standards for biota it shall introduce stricter standards for water in order to achieve the same level of protection as the standards for biota set out in regulation 4. The Department shall notify the European Commission of the reasons and basis for using this approach, the alternative standards used, the data and the methodology by which the alternative standards were derived and the categories of surface water to which they would apply.
Application of the standards set out in Table 46 For any given surface water body, applying the AA-EQS means that, for each representative monitoring point within the water body, the arithmetic mean of the concentrations measured at different times during the year does not exceed the standard. The calculation of the arithmetic mean, the analytical method used and, where there is no appropriate analytical method meeting the minimum performance criteria, the method of applying a standard must be in accordance with implementing acts adopting technical specifications for chemical monitoring and quality of analytical results, in accordance with the Water Framework Directive. For any given surface water body, applying the MAC-EQS means that the measured concentration at any representative monitoring point within the water body does not exceed the standard. However, in accordance with section 1.3.4. of Annex V to the Water Framework Directive, the Department may introduce statistical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for determining compliance with the MAC-EQS. With the exception of cadmium, lead, mercury and nickel (hereinafter “metals”) the standards set out in Table 46 are expressed as total concentrations in the whole water sample. In the case of metals the standards refer to the dissolved concentration i.e. the dissolved phase of a water sample obtained by filtration through a 0.45 µm filter or any equivalent pre-treatment. The Department may, when assessing the monitoring results against the standards, take into account:
natural background concentrations for metals and their compounds, if they prevent compliance with the standard; and
hardness, pH or other water quality parameters that affect the bioavailability of metals.
PART 3Boundary values for biological quality elements
Boundary values for aquatic plants and animals in rivers1
The Department shall apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” benthic invertebrate fauna boundary value for rivers specified in Tables 1 and 2 below.
2
The Department shall apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytobenthos boundary value for rivers specified in Table 3 below.
3
The Department shall apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macrophyte boundary value for rivers specified in Table 4 below.
4
The Department shall apply, as applicable, to any river or part thereof, the “high”, “good”, “poor” or “bad” freshwater fish boundary value for rivers specified in Table 5 below.
Boundary values for aquatic plants and animals in lakes5
To determine the phytoplankton and phytobenthos boundaries to apply to a lake or any part thereof, the Department shall assign to that lake or any part thereof, the appropriate geological category, depth category and colour category specified in Schedule 1 Part 1, Tables 5, 6 and 7 respectively.
6
The Department shall apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytoplankton boundary values for lakes specified in columns 2, 3, 4, 5 and 6 of Table 6 below and columns 2, 3, 4, 5 and 6 of Table 7 below and columns 2 and 3 of Table 8 below respectively.
7
The Department shall apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytobenthos boundary value for lakes specified in Table 9 below.
8
The Department shall apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macrophyte boundary value for lakes specified in Table 10 below.
9
The Department shall apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” freshwater fish boundary value for lakes specified in Table 11 below.
Boundary values for aquatic plants and animals in transitional and coastal waters10
The Department shall apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” benthic invertebrate fauna boundary values for transitional and coastal waters specified in Tables 12 and 13 below.
11
The Department shall apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic angiosperm boundary value for transitional and coastal waters specified in Table 14 below.
12
The Department shall apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytoplankton boundary value for transitional and coastal waters specified in Table 15 below.
13
The Department shall apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macroalgae boundary values for transitional and coastal waters specified in Tables 16 and 17 below.
14
The Department shall apply, as applicable, to any transitional water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” fish boundary value for transitional waters specified in Table 18 below.
Table 1Benthic invertebrate fauna Walley Hawkes Paisley Trigg (WHPT) boundary values (WHPT Average Score per Taxon) for rivers
Boundary values for the degree to which the annual mean sensitivity to disturbance of the observed taxa differs from the annual mean sensitivity of the taxa expected under reference conditions
Ecological quality ratio
High
0.97
Good
0.86
Moderate
0.72
Poor
0.59
Bad
< 0.59
Table 2Benthic invertebrate fauna Walley Hawkes Paisley Trigg (WHPT) boundary values (WHPT Number of TAXA) for rivers
Boundary values for the degree to which the annual mean number of disturbance-sensitive taxa differs from the annual mean number of taxa expected under reference conditions
Ecological quality ratio
High
0.80
Good
0.68
Moderate
0.56
Poor
0.47
Bad
< 0.47
Table 3Phytobenthos (Diatom) boundary values for rivers
Boundary values for the degree to which the relative annual mean abundances of nutrient-sensitive and nutrient-tolerant groups of diatom taxa differ from the relative annual mean abundances of these groups of taxa expected under reference conditions
Ecological quality ratio
High
0.80
Good
0.60
Moderate
0.40
Poor
0.20
Bad
< 0.20
Table 4Macrophyte boundary values for rivers
Boundary values for the degree to which the annual mean abundances of disturbance-sensitive and disturbance-tolerant macrophyte taxa differ from the annual mean abundances of those taxa under reference conditions
Ecological quality ratio
High
0.80
Good
0.60
Moderate
0.40
Poor
0.20
Bad
< 0.20
Table 5Freshwater Fish FCS2 (Ireland) boundary values for rivers
Ecological quality ratio1
High
0.845 < EQR<= 1.0
Good
0.54 < EQR <= 0.854
Moderate
0.12 < EQR <= 0.54
Poor
0.007 < EQR <= 0.12
Bad
0 <= EQR <= 0.007
1 FCS2 (Ireland) is the Fisheries Classification Scheme 2 (Ireland) model developed for WFD Ecoregion 17 which is the island of Ireland
Table 6Phytoplankton boundary values for lakes – chlorophyll a
Boundary values for the degree to which the biomass of phytoplankton taxa (as represented by the annual mean chlorophyll a concentration) differ from the biomass of those phytoplankton taxa (annual mean chlorophyll a concentration) expected under reference conditions
Ecological quality ratio
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Lake Type
High alkalinity, shallow
Marl shallow
High alkalinity, very shallow
Moderate alkalinity, very shallow
Low alkalinity, very shallow
Marl very shallow
Moderate alkalinity, deep
Moderate alkalinity, shallow
Moderate alkalinity
shallow humic
Low alkalinity, shallow
Low alkalinity, shallow humic
Low alkalinity deep
High
0.55
0.63
0.50
0.64
0.64
Good
0.32
0.30
0.33
0.29
0.33
Moderate
0.16
0.15
0.17
0.15
0.17
Poor
0.05
0.05
0.05
0.05
0.05
Bad
< 0.05
< 0.05
< 0.05
< 0.05
< 0.05
Table 7Phytoplankton boundary values for lakes – plankton trophic index
Ecological quality ratio
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Lake Type
High alkalinity, shallow
Moderate alkalinity very shallow
Low alkalinity very shallow humic
Marl very shallow
High alkalinity very shallow
Moderate alkalinity, deep
Moderate alkalinity shallow
Low alkalinity, shallow humic
Low alkalinity very shallow Clear water
Marl Shallow
Low alkalinity
Deep Clear Water
Low alkalinity shallow Clear Water
Low alkalinity shallow humic
High
0.93
0.91
0.95
0.98
0.96
Good
0.82
0.80
0.84
0.87
0.85
Moderate
0.70
0.68
0.72
0.75
0.73
Poor
0.58
0.56
0.60
0.63
0.61
Bad
<0.58
<0.56
<0.60
<0.63
<0.61
Table 8Phytoplankton boundary values for lakes – cyanobacteria biomass
Ecological quality ratio
Column 1
Column 2
Column 3
Lake Type
All Low and Moderate alkalinity and Marl Lakes
High alkalinity Lakes
High
0.47
0.63
Good
0.32
0.43
Moderate
0.23
0.34
Poor
0.13
0.21
Bad
< 0.13
< 0.21
Table 9Phytobenthos boundary values for lakes
Boundary values for the degree to which the relative annual mean abundances of nutrient-sensitive and nutrient-tolerant groups of diatom taxa differ from the relative annual mean abundances of these groups of taxa expected under reference conditions
Ecological quality ratio
Column 1
Column 2
Column 3
High and Low alkalinity lakes
Moderate alkalinity lakes
High
0.92
0.93
Good
0.70
0.66
Moderate
0.46
0.46
Poor
0.23
0.23
Bad
< 0.23
< 0.23
Table 10Aquatic macrophyte boundary values for lakes
Boundary values for the degree to which the annual mean abundance of disturbance-sensitive macrophyte1 taxa differ from the annual mean abundance of those taxa expected under reference conditions
Ecological quality ratio
Column 1
Column 2
High
0.90
Good
0.68
Moderate
0.42
Poor
0.33
Bad
< 0.33
1 The term “macrophyte” refers to larger plants, typically including flowering plants, mosses and larger algae, but not including single-celled phytoplankton or diatoms.
Table 11Freshwater Fish FiL2 boundary values for lakes
Ecological quality ratio1
High
0.76 < EQR<= 1.0
Good
0.53 < EQR <= 0.76
Moderate
0.32 < EQR <= 0.53
Poor/Bad
0 <= EQR <= 0.32
1 FiL2 is the Fish in Lakes version 2 model developed for WFD Ecoregion 17 which is the island of Ireland
Table 12Benthic invertebrate fauna boundary values for IMPOSEX in coastal waters
Boundary values for the degree to which the annual mean occurrence and degree of tributyl tin (TBT) -induced imposex in the common dog whelk, Nucella lapillus, differs from the annual mean occurrence and degree of imposex expected under reference conditions using the Vas Deferens Stage Index (VDSI) (UKTAG Method ISBN 978-1-906934-35-4)
Ecological quality ratio
Vas Deferens Stage Index (VDSI)
High
0.95
0.3
Good
0.34
4
Moderate
0.17
5
Table 13Benthic invertebrate fauna boundary values for the INFAUNAL Quality Index (IQI) for transitional and coastal waters
Boundary values relating to the degree to which the annual mean number of benthic invertebrate taxa in soft sediments, the diversity of taxa, and the ratio of disturbance-sensitive and disturbance-tolerant taxa differ from that expected under reference conditions (UKTAG Method ISBN 978-1-906934-34-7)
Ecological quality ratio
High
0.75
Good
0.64
Moderate
0.44
Poor
0.24
Bad
< 0.24
Table 14Aquatic angiosperm boundary values in transitional and coastal waters
Aquatic Angiosperm1 Boundary values relating to the degree to which the annual mean shoot density, and spatial extent of sea grass beds, differ that expected under reference conditions (UKTAG Method ISBN 978-1-906934-36-1)
Ecological quality ratio
High
0.8
Good
0.6
Moderate
0.4
Poor
0.2
Bad
< 0.2
1 The term “angiosperm” refers to flowering plants. In transitional waters and coastal waters, angiosperms include sea grasses and the flowering plants found in salt marshes, salt marsh tools have not yet been developed.
Table 15Phytoplankton boundary values for transitional and coastal waters
Boundary values relating to the degree to which biomass, taxonomic composition, bloom frequency and bloom intensity for phytoplankton1 differ from that expected under reference conditions (UKTAG Method ISBN 978-1-906934-41-5 for Transitional Waters and UKTAG Method ISBN 978-1-906934-33-0 for Coastal Waters)
Ecological quality ratio
High
0.8
Good
0.6
Moderate
0.4
Poor
0.2
Bad
< 0.2
1 The term “phytoplankton” refers to solitary and colonial unicellular algae and cyanobacteria that live in the water column, at least for part of their lifecycle.
Table 16Aquatic macroalgae boundary values in transitional and coastal waters
Boundary values relating to the degree to which mean species richness, proportion of red, green and opportunist seaweeds and ecological status group ratio on rocky intertidal areas differ from that expected under reference conditions (UKTAG Method ISBN 978-1-906934-39-2)
Ecological quality ratio
High
0.8
Good
0.6
Moderate
0.4
Poor
0.2
Bad
< 0.2
Table 17Aquatic macroalgae boundary values in transitional and coastal waters
Boundary values relating to the degree to which opportunistic macroalgal1 extent, biomass and entrainment differ from that expected under reference conditions (UKTAG Method ISBN978-1-906934-37-8)
Ecological quality ratio
High
0.8
Good
0.6
Moderate
0.4
Poor
0.2
Bad
< 0.2
1 The term “macroalgae” refers to multicellular algae such as seaweeds and filamentous algae.
Table 18Fish boundary values for transitional waters
Boundary values relating to the degree to which the annual mean composition and abundance of disturbance-sensitive fish taxa differ from the annual mean composition and abundance of disturbance-sensitive fish taxa expected under reference conditions
Ecological quality ratio
High
0.81
Good
0.58
Moderate
0.4
Poor
0.2
Bad
< 0.2
PART 4Intermittent Discharge Standards
Table 1Intermittent standards for dissolved oxygen in rivers
Salmonid waters
Dissolved oxygen concentration (mg/l)
Return period
1 hour
6 hours
24 hours
1 month
5.0
5.5
6.0
3 months
4.5
5.0
5.5
1 year
4.0
4.5
5.0
Cyprinid waters
Dissolved oxygen concentration (mg/l)
Return period
1 hour
6 hours
24 hours
1 month
4.0
5.0
5.5
3 months
3.5
4.5
5.0
1 year
3.0
4.0
4.5
The standards apply when the concurrent concentration of un-ionised ammonia concentration is below 0.02 mg/l. The following correction factors apply at higher concurrent un-ionised concentrations:
Where the un-ionised ammonia lies between 0.02-0.15mg NH3-N/I: the correction factor is an addition of (0.97 x log (mg NH3-N/I) + 3.8) mg O2/l. For concentrations that exceed 0.15 mg NH3-N/I, the correction factor is +2 mg O2/litre.
A correction factor of 3mg O2/l is added for salmonid spawning grounds.
Table 2Intermittent standards for un-ionised ammonia in rivers
Salmonid waters
Un-ionised Ammonia concentration (mg NH3-N/l)
Return period
1 hour
6 hours
24 hours
1 month
0.065
0.025
0.018
3 months
0.095
0.035
0.025
1 year
0.105
0.040
0.030
Cyprinid waters
Un-ionised Ammonia concentration (mg NH3-N/l)
Return period
1 hour
6 hours
24 hours
1 month
0.150
0.075
0.030
3 months
0.225
0.125
0.050
1 year
0.250
0.150
0.065
The above limits apply when the concurrent concentration of dissolved oxygen is above 5 mg/l. At lower concentrations of dissolved oxygen the following correction factor applies: For dissolved oxygen less than 5mg/l DO, multiply the standard by 0.0126 and the concentration of dissolved oxygen in mg O/litre, C, raised to the power of 2.72, that is, 0.0126 C2.72.
The standards also assume that the concurrent pH is greater than 7 and temperature is greater than 5 degrees Centigrade. For lower pH and temperatures the following correction factors apply: Where the pH is less than 7, multiply the standard by 0.0003 and by the value of the pH, p, raised to the power of 4.17, that is: 0.0003p4.17. Where the temperature is less than 5 degrees Centigrade, multiply this correction factor by a further 0.5.
Table 399th percentile standards for biochemical oxygen demand in rivers
Status
Types of river
99th percentile BOD (mg/l)
High
1,2,4,6 and salmonid
7.0
High
3,5 and 7
9.0
Good
1,2,4,6 and salmonid
9.0
Good
3,5 and 7
11.0
Moderate
1,2,4,6 and salmonid
14.0
Moderate
3,5 and 7
14.0
Poor
1,2,4,6 and salmonid
16.0
Poor
3,5 and 7
19.0
Table 499th percentile standards for ammonia in rivers
Status
Types of river
Total ammonia (mg NH4-N/l)
Un-ionised ammonia (mg NH3-N/l)
99th percentile
99th percentile
High
1,2,4,6 and salmonid
0.5
0.04
High
3,5 and 7
0.7
0.04
Good
1,2,4,6 and salmonid
0.7
0.04
Good
3,5 and 7
1.5
0.04
Moderate
1,2,4,6 and salmonid
1.8
0.04
Moderate
3,5 and 7
2.6
0.04
Poor
1,2,4,6 and salmonid
2.6
0.04
Poor
3,5 and 7
6.0
-
Table 5Types of river to which the proposed 99th percentile standards in Tables 3 and 4 apply
Alkalinity (as mg/l CaCO3>)
Altitude
Less than 10
10-50
50-100
100-200
Over 200
Under 80 metres
Type 1
Type 2
Type 3
Type 5
Type 7
Over 80 metres
Type 4
Type 6
SCHEDULE 2Schedule substituted for Schedule 2 to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011
SCHEDULE 2
PART 1Determining Ecological Status of Surface Waters that are not designated Heavily Modified or Artificial
1
The Department shall classify the ecological status of surface water bodies that are not designated as heavily modified or artificial in accordance with the following steps:
a
estimate representative values of appropriate indicators of the condition of the relevant biological, physiochemical and hydromorphological quality elements from monitoring or modelling results. The appropriate indicators shall include:
i
indicators of biological and other quality elements expected to be most sensitive to the pressures to which the water body is subject;
ii
the values for physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard ;
iii
the concentrations of those specific pollutants likely to be in the water body in quantities that could cause a failure of a specific pollutant;
iv
the concentrations of those priority substances likely to be in the water body in quantities that could cause failure of chemical status; and
v
the criteria for hydromorphological elements relevant to high status.
b
compare the values of the appropriate indicators estimated from monitoring or modelling with the applicable standards and biological boundary values in Schedule 1 of these Regulations.
c
classify the ecological status of the water body as “high” if the values of all the appropriate indicators of the biological, physicochemical, chemical and hydrological quality elements comply with the highest corresponding standards given in Schedule 1; the assessment of morphological condition carried out in accordance with Part 4 paragraph 1 of this Schedule reflects totally or nearly totally undisturbed conditions; and there is no evidence that a high impact alien species, as identified on the Ecoregion 17 list, has become established and is having an ecological effect on the water body.
d
where the biological quality elements and the general chemical and physiochemical elements and specific pollutants are high and the chemical status is good but the hydromorphological status is less than high, then the overall status of the surface water body is “good”.
e
where a surface water body is not classified as “high” ecological status in accordance with paragraph 1(c), the Department shall classify the ecological status of the surface water body according to the lowest classed biological or physicochemical quality element. If the lowest classed quality element is a specific pollutant or other physicochemical quality element, the class assigned shall be no lower than “moderate” ecological status.
2
In this part, “high impact alien species” means a non-native species of plant or animal that has a detrimental effect on the aquatic ecology or environment.
PART 2Determining Chemical Status of Surface Waters
1
The Department shall classify the chemical status of surface water bodies in accordance with the following steps:
a
estimate from monitoring or modelling results the concentrations in the surface water body of appropriate priority substances listed in Schedule 1 of these Regulations. The appropriate substances shall include those likely to be in the surface water body in quantities that could cause a failure of the corresponding environmental quality standard.
b
compare the values of the appropriate substances estimated from monitoring or modelling with the applicable standards in Schedule 1.
c
classify the chemical status of the surface water body as good unless the standard for one or more priority substances is failed. If one or more is failed, classify as failing to achieve good chemical status.
PART 3Determining Ecological Potential of Heavily Modified and Artificial Water Bodies
1
The Department shall classify a surface water body designated as heavily modified or artificial as—
a
“good ecological potential” if the following conditions are met:
i
all applicable mitigation measures have been taken; and
ii
the values of all the indicators of the quality elements not sensitive to hydromorphological pressures related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high” or “good”.
b
“moderate ecological potential” if the following conditions are met:
i
not all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high”, “good” or “moderate”; or
ii
all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “moderate”.
c
“poor ecological potential” if the values of one or more of the indicators of the biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “poor”.
d
“bad ecological potential” if the values of one or more of the indicators of biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “bad”.
2
In order to determine how to classify surface water bodies designated as heavily modified or artificial in accordance with paragraph 1, the Department shall—
a
determine whether or not all practicable mitigation has been taken to improve the modified or artificial hydromorphological characteristics of the surface water body other than that which would have a significant adverse impact on:
i
the use served by the modified or artificial characteristics; or
ii
the wider environment.
b
estimate representative values of indicators of the condition of the relevant biological and physicochemical quality elements from monitoring or modelling results. The indicators shall include:
i
indicators of the biological quality elements which are not sensitive to the artificial or heavily modified characteristics of the water body;
ii
the concentrations of those specific pollutants likely to be in the surface water body in quantities that could cause a failure of a specific pollutant standard; and
iii
the values for those other physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard.
c
compare the values of the indicators estimated from monitoring or modelling with the applicable standards in Schedule 1 of these Regulations.
3
When determining whether all practicable mitigation has been taken, mitigation measures may be excluded which would contribute only a very minor improvement in the ecology of the water body.
PART 4Determining High Status for Morphological Elements
1
The Department shall monitor morphological conditions within relevant water bodies.
2
Once the Department has, in accordance with paragraph 3 of Part 1 of Schedule 1, assigned a type to a river or part thereof, the Department shall consider both direct and indirect pressures on the physical character of rivers at local scale, water body scale and catchment scale. The physical character of a river includes the condition of the channel bed, banks and riparian zone, channel pattern and river continuity. Classification shall be assigned according to the ecological quality ratio in the River Hyrdromorphology Assessment Technique specified in Table 1 of this Part.
3
Once the Department has in accordance with paragraph 7 of Part 1 of Schedule 1 assigned a type to a lake, the Department shall consider both direct and indirect pressures on the physical character of lakes in the shore zone and open water. Morphological Condition Limits are used to represent thresholds of alteration in morphological conditions beyond which conditions could be altered in ways that could result in deterioration in status. A Morphological Condition Limit of 5% is the boundary between High Ecological Status and Good Ecological Status and a Morphological Condition Limit of 15% is the boundary between Good Ecological Status and Moderate Ecological Status.
4
To assess the morphological condition of transitional and coastal water bodies, the Department shall consider both direct and indirect pressures on the physical character of transitional and coastal waters at local scale, water body scale and catchment scale.
5
High Status morphological condition must not be assigned to—
a
any water body that has been identified as being at risk of failing to achieve good ecological status due to the extent of morphological pressures; or
b
any artificial or heavily modified water body.
Table 1
Boundary values for the River Hydromorphology Assessment Technique
Ecological quality ratio
High
>=0.8
Good
0.6 - < 0.8
Moderate
0.4 - <0.6
Poor
0.2 - <0.4
Bad
<0.2
PART 5Determining Overall Status of Surface Water Bodies
1
The Department shall determine the overall status of a surface water body, other than those designated as heavily modified or artificial, by combining the classification of ecological status and chemical status in one of the following and alternative ways:
a
where the ecological and hydromorphological status of a surface water body is high and the chemical status of the surface water body is good, then the overall status of the surface water body is “high”.
b
where the biological quality elements and the general chemical and physiochemical elements and specific pollutants are high and the chemical status is good but the hydromorphological status is less than high, then the overall status of the surface water body is “good”
c
where the ecological status is good and the chemical status is good, then the overall status is “good”.
d
where the ecological status is high, good or moderate, and the chemical status is failing to achieve good, then the overall status is “moderate”.
e
where the ecological status is moderate and irrespective of chemical status, then the overall status is “moderate”.
f
where the ecological status is poor or bad and irrespective of the chemical status, the overall status shall be the same classification as the ecological status, that is “poor” or “bad”.
SCHEDULE 3Schedule to be substituted for Schedule 3 to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011
SCHEDULE 3Determining Quantitative status of Groundwater
1
1
The Department shall determine the quantitative status of a body of groundwater as follows—
a
by determining whether or not one or more of the indicators in Column 1 of Table 1 are applicable to the body of groundwater; and
b
if any of those indicators are applicable, by carrying out appropriate investigations to determine whether or not the criteria in Column 2 of Table 1 corresponding to the applicable indicator or indicators for poor quantitative status are satisfied.
2
The body of groundwater shall be classified as—
a
“good groundwater quantitative status” where—
i
none of the indicators set out in Column 1 of Table 1 are applicable, or
ii
one or more of those indicators are applicable but none of the corresponding criteria for poor groundwater status set out in Column 2 of Table 1 are satisfied; and
b
in any other case as “poor groundwater quantitative status”.
Table 1Risk indicators and classification criteria for groundwater quantitative status
Column 1
Column 2
Saline or other intrusions into a groundwater body:
a) Failure of a threshold value i.e. electrical conductivity for groundwater as derived in accordance with the Groundwater Regulations (Northern Ireland) 2009; or
b) Other indications of intrusions of poor quality water into the body of groundwater
(Note: “intrusion” is interpreted to be intrusion of poor quality water into a groundwater body from another water body, rather than the movement of a plume of poor quality water within the body).
i) Significant and sustained upward trend in electrical conductivity indicating saline intrusion;
ii) Significant and sustained upward trend in the concentration of other indicators of intrusion;
iii) Existing evidence that a point of abstraction has been rendered unsuitable for use without prior treatment as a result of an intrusion.
Surface water:
a) Flow conditions in an associated surface water body are unsatisfactory, and there is reason to suspect that groundwater abstraction impacts (on the surface water body) are a significant component of the failure to achieve flow standards.
(Note: Flow conditions are considered unsatisfactory if they are failing to meet the appropriate WFD flow standards and in doing so, preventing the surface water body maintaining of achieving its target status class).
i) Flow conditions are preventing the surface water body maintaining or achieving the target status class and the reduction in river flow in the surface water body concerned (resulting solely from groundwater abstraction) represents ≥50% of the value of the allowable abstraction (based on the flow standards).
Groundwater Dependant Terrestrial Ecosystems (GWDTE):
a) Indications of damage to a GWDTE caused by insufficient water availability identified through the departure from predefined environmental supporting conditions, including flow and groundwater level (or chemistry) which are required to maintain dependent communities in a favourable state.
i) A significant proportion of the departure from the predefined environmental supporting conditions can be attributed to anthropogenic quantitative pressures in the groundwater body, affecting groundwater availability to the GWDTE.
Water balance:
a) Indications that the total annual volume of groundwater being abstracted from the groundwater body exceeds the long term annual average rate of recharge to the groundwater body (taking in to account an allowance where relevant for dependent ecosystems).
i) The annual average volume of groundwater abstracted from the groundwater body represents more than the long-term annual average rate of recharge to the groundwater body and there are sustained trends of long term falling groundwater levels within the groundwater body.
SCHEDULE 4Schedule to be inserted after Schedule 4 to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011
SCHEDULE 5
PART 1Shellfish Waters Standards
Table 1Shellfish Waters Standards
Parameter
Units
Standard
Temperature
◦C
A discharge affecting shellfish waters must not cause the temperature of the water to exceed by more than 2◦C the temperature of the waters not so affected.
pH
pH values will not reach levels outside of the range established so as to ensure the functioning of the ecosystem and the achievement of the values specified for the biological quality elements under Good Ecological Status
Silver
Annual mean (AA-EQS) (µg/l)
0.5
Maximum allowable concentration (MAC-EQS) (µg/l)
1
PART 2Microbial Guideline Value
Microbial Guideline Value1
In shellfish waters, the Department shall endeavour to respect the microbial guideline value in the shellfish flesh and intervalvular liquid as set out in Table 1 to this Part, in addition to the mandatory standards set out in these Regulations.
Compliance with the microbial guideline value2
1
Subject to sub-paragraph (2), in relation to any period of 12 months, shellfish waters shall be treated as complying with the guideline value set out in Table 1 to this Part, if 75 per cent of the samples taken comply with the guideline value.
2
Non-compliant samples may be ignored for the purposes of sub-paragraph (1) if they are the result of natural cause or force majeure.
Sampling and analysis3
1
The Department shall ensure that the guideline value adopted as a result of paragraph 1 and samples are analysed in accordance with the following provisions of this paragraph.
2
Subject to sub-paragraph (1), sampling shall be carried out at least at the minimum frequency specified in Table 1 to this Part.
3
Where sampling shows that the guideline value adopted as a result of paragraph 1 is not being met, the Department shall establish whether this is the result of chance, a natural phenomenon or pollution, and shall adopt appropriate measures to prevent deterioration.
4
Samples shall be analysed using the reference methods of analysis specified in Table 1 to this Part or methods which are at least as reliable as the reference methods.
Table 1Microbial Standard for shellfish waters
Parameter
Units
Guideline values and comments
Reference methods of analysis
Minimum sampling and measuring frequency
Escherichia coli (E.coli)
cfu/100ml
≤230 in the shellfish flesh and intervalvular liquid
ISO16649 part 3 or equivalent
Quarterly
S.I. 2008/301