WFD STAKEHOLDER FORUM Environment Agency: River Basin Management Update on Progress June Draft River Basin Management Plans consultation update

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1 WFD STAKEHOLDER FORUM Environment Agency: River Basin Management Update on Progress June 2009 River Basin Management Plan development Draft River Basin Management Plan consultation update Proposals for content and structure of the first River Basin Management Plans Evidence base for plans Data and technical information Classification results Hydromorphology Classification and Measures of ca/hmwbs New Modifications (WFD Art. 4.7) Hydromorphology mitigation measures Mitigation Measures Manual Drinking Water Protected Areas (DrWPAs) update Priority substances Priority substances update River Basin Management Plan development Draft River Basin Management Plans consultation update The Draft River Basin Management Plans were published on 22 December 2008 and made available for consultation All comments will be welcomed so that together we can prepare a comprehensive plan of action to achieve the right outcomes. The consultation closes on 22 June Across England and Wales, there have been over 190 consultation responses so far from 94 different organisations, including from members of the public and via the Our Rivers campaign. A list of the organisations that have submitted responses so far can be found in Annex 1. We are expecting an influx of responses towards the end of the consultation and would like to ask that organisations submit their response as soon as possible to help us in pulling together the responses and developing the plans. The Environment Agency will be discussing the comments we have had to the consultation with Liaison Panels in July and publishing a formal consultation response document for each River Basin District on 22 September The response documents will give a summary of the comments received and the action we will take either to inform the development of the first plans or delivery. The issues that have been emerging so far include: Concern over the ambition shown within the first cycle and the differing commitment from the co deliverers. Comments and suggestions on the accessibility of the plans and avoiding duplication Page 1 of 8

2 Request for reasons for failure to be better explained to allow co deliverers to more effectively plan and target measures. Better integration with existing planning mechanisms needed Differing opinions regarding the 95% confidence level Request for more waterbody specific information rather than catchment Offers of support and of sharing data. Proposals for content and structure of the first River Basin Management Plans (frbmp) Draft proposals have been prepared for the frbmp that take the drbmp as the starting point. The proposals take account of feedback already received on the drbmp, comparison with drbmps from other administrations and further review of the requirements of the Water Framework Directive and Ministerial Guidance. The proposals will be revised to take account of further consultation responses when these are received. The frbmp has to serve several purposes, and information will be organised to take account of different needs. It has to: record the essential information to be reported to the European Commission; inform co-deliverers about what they need to do and the general public on what will happen; help the preparation of more detailed implementation plans. It is proposed that the frbmp will comprise a concise main document and the following annexes: Annex A: Current state of waters in the river basin district Annex B: Objectives for waters in the river basin district Annex C: Actions to deliver objectives Annex D: Protected area objectives and Natura 2000 actions Annex E: Actions appraisal Annex F: Mechanisms for action Annex G: Pressures and risks Annex H: Adapting to climate change Annex I: Designating candidate A/HMWBs Annex J: Other Plans and Processes Annex K: Economic analysis of water use Annex L: Record of consultation and engagement Annex M: Competent authorities Annex N: Glossary Guide to the annexes (new document to indicate where to find information required by the Directive) It is proposed that the main document will summarise more clearly how the WFD's objectives and the 'real-world' outcomes will be achieved by dealing with the issues that currently face the River Basin District. Links with the annexes, and also between annexes, will be improved to help achieve this. Where appropriate, more detailed information will be presented separately from the frbmp. This will help meet the needs of particular sectors, or present the plans for a catchment or other geographical unit. Key messages to be reinforced include: Page 2 of 8

3 how the RBMP relates to other EA plans and those of other organisations, especially other public bodies and ; indicating the approach that can be used to aim to meet the objectives in future cycles; helping identify to public bodies as co-deliverers what they may need to do as part of their duty to 'have regard' to the contents of the RBMPs. Evidence base for plans Data and technical information The current information that we have used for the draft River Basin Management Plans is shown on our What s In Your Backyard system. We also have supporting information available via our website e.g. on hydromorphogical designations, classifications, mitigation measures and the wider measures identified to date. To find this information please visit go to the relevant River Basin District consultation page and view the supporting information tab on the left hand side. We are investigating more effective ways of sharing our data and information both internally within the Environment Agency and externally with our partners, co-deliverers and the wider public for implementation of the first RBMPs and for the second cycle. For more information please contact Vicky Beaumont-Brown Vicky.beaumont@environment-agency.gov.uk Classification results Final classification results are currently being compiled. Our local offices will be quality assuring the results between 1 and 19 June, at the same time as using the results to predict outcomes for We plan to release classification results to the public alongside the General Quality Assessment (GQA) results in September. Contact: owen.lewis@environment-agency.gov.uk Hydromorphology The Hydromorphology team continue to work towards delivery of a number of work strands for the first River Basin Management Plans. Classification and Measures of ca/hmwbs The process to classify ca/hmwb s and assess ecological potential has been completed. Additional supporting information has been made available on the Environment Agency s website detailing outstanding information on classification and measures identified from year one of the Flood Risk and Coastal Erosion (FCRM) Management Medium Term Plan. This information can be found on the relevant River Basin District consultation page ( under the supporting information tab on the left hand side. Page 3 of 8

4 Work continues to mid-june to align measures to water bodies and identify where mitigation measures will be delivered through the FCRM Medium Term Plan (years 2 & 3) and those that will delivered by other sectors (Navigation, Water Resources) & other partners (Rivers Trusts). Where measures are identified, they will feed into water body assessments and objectives will be amended accordingly subject to timing and extent of improvement measures identified. For further information, please contact Lucy Bolton at lucy.bolton@environmentagency.gov.uk New Modifications (WFD Art. 4.7) We are working to identify new modifications that may result in deterioration in ecological status and may therefore require an assessment as detailed in Article 4.7 of the WFD. We have now collated and assessed modifications as a result of Flood Risk and Coastal Erosion Management activities and are currently working with sectors on assessing other modifications (Water Resources, Navigation and Ports activities) which have or may cause deterioration in ecological status / potential. This information will be reported in the first RBMP s. For further information, please contact Lucy Taylor at lucy.taylor@environmentagency.gov.uk Hydromorphology mitigation measures We routinely apply actions, or measures to mitigate against hydromorphological pressures, but we need more evidence on the specific impacts of these measures, particularly on the biological quality elements we will use to classify water bodies. Work has started to identify trial catchments for testing the effectiveness of mitigation measures for hydromorphology. These trial catchments will be identified in the first River Basin Management Plans in July For further information, please contact Amanda Veal at amanda.veal@environmentagency.gov.uk Mitigation Measures Manual Currently, there is no single source of information on the effectiveness, costs and ecological benefits of mitigation measures for flood risk management and land drainage activities on heavily modified water bodies. To resolve this issue, a best practice digital manual is being put together by a joint Hydromorphology-Flood Risk Science project. To date, the project has reviewed the scientific evidence base for all mitigation activities undertaken on rivers, estuarine and coastal water bodies. This information will be developed into a high level assessment tool (or checklist) for existing flood risk management and land drainage systems to allow a quick identification of where there is scope to reduce the impacts of such systems on habitat quality. The next stage of the work is the development of a more detailed assessment tool for new flood risk management and land drainage schemes to determine whether proposals represent good environmental practice and where mitigation options would significantly Page 4 of 8

5 reduce the proposal impacts. This tool will be complemented by a series of detailed guidance sheets on each mitigation option and will include information on cost effectiveness and ecological benefits. A practitioner s workshop will be scheduled shortly for end users and this will involve testing and developing the manual, both the content and the usability. For further information, please contact the Hydromorphology team Lucy.Bolton@environment-agency.gov.uk or the Flood Risk Science team simon.hildon@environment-agency.gov.uk Drinking Water Protected Areas (DrWPAs) update The Environment Agency has been assessing risk to DrWPAs and what measures may be required to address these issues. This process is now nearly complete and we are starting to consider the best ways of addressing deterioration of water quality in drinking water catchments. We will be seeking to ensure measures are in place wherever we are sure that DrWPAs are failing, or are likely to fail, their objectives by In many cases, existing national measures will already be in place to address these issues. Where no national or local measures are in place we will use a variety of voluntary mechanisms, which are likely to include the targeting of initiatives such as Catchment Sensitive Farming or local pollution prevention campaigns. These types of initiatives may take time to work, particularly where groundwater sources are concerned. We will be discussing the implications of our assessments with stakeholders during June and will be ready to issue a detailed summary by the end of June. For more information please contact Tony Marsland for groundwater at tony.marsland@environment-agency.gov.uk or Piers Hooper for surface water at piers.hooper@environment-agency.gov.uk Priority substances Priority substances update The Directive (Directive 2008/105/EC on environmental quality standards in the field of water policy) (also known as the Priority Substance Daughter Directive ) was published in the Official Journal on 24 th December This directive, which effectively replaces the Dangerous Substances Directive (DSD)(76/464/EEC), provides a list of environmental quality standards for the list of 33 Priority and Priority Hazardous Substances agreed in 2001 (2455/2001/EC). Compliance with Environmental Quality Standards for the Priority and Priority Hazardous Substances forms the basis of Good Surface Water Chemical Status under the Water Framework Directive. This is similar to the approach used currently under the Dangerous Substances Directive. Compliance with these Environmental Quality Standards and the further objectives on progressive reduction, cessation and phase out for discharges, emissions and losses are all Page 5 of 8

6 subject to Water Framework Directive Article 4 exemption provisions which apply to technical infeasibility and/or excessive costs. Our focus now is on the policy and guidance that will be required to implement the Directive. This includes work to develop CIS guidance on mixing zones, development of a policy on the tiered assessment of metals (incorporating policy on bioavailability and background concentrations) and an assessment of potential options for implementing biota standards. We have developed national Pollution Reduction Plans (PRPs) for all priority and priority hazardous substances and 6 pesticides identified as specific pollutants. PRPs review current data on production, uses, sources, environmental monitoring and release, and include an evaluation of actions ( measures ) that could be adopted to meet WFD objectives. They form the basis of measures in draft river basin management plans, as appropriate for each River Basin District. The PRPs were released for comment at the start of 2009; we are currently updating them to take account of comments received and final versions will be published in September. We are also preparing for the imminent Direction The River Basin Districts Surface Water Typology and Environmental Standards (Water Framework Directive) (England and Wales) which will formalise the standards into statutory standards which should be used in the river basin planning process. We continue to work with Government to support its Common Implementation Strategy Working Group E. The main focus for this group is to develop and manage the future work programme for priority list including the prioritisation and selection of new priority substances and Environmental Quality Standards (EQS) development. The UK co-chair the EQS development sub-group. For more information please contact Elinor Smith at elinor.smith@environmentagency.gov.uk or Nicky Cunningham at nicky.cunningham@environment-agency.gov.uk Environment Agency Water Framework Directive Programme June 2009 Page 6 of 8

7 Annex 1 List of respondents as of 22 May Many of the below are representative organisations responding on behalf of their members. Also please note that some respondents have commented on one specific River Basin Management Plan, some a couple and some to all. 21 / YOTAC Angling Club Dwr Cymru (Welsh Water) OFWAT ABC River Association Eastern Water Company Our Rivers campaign (several s through this campaign AEC (Alconbury Environmental Exmoor National Park Authority Ports Authority Consultants) Aire and Calder Rivers Group Flemish Institute for Technological Powys County Council Research ART - Association of River Trusts Friends of Buck Wood Ramblers Association Associated British Ports (Southampton) AWS Friends of Chorlton Meadows Ribble Catchment Conservation Trust Ribble Fisheries Consultative Association Friends of Denso Marston Nature Reserve Beyond Carbon Friends of Lake District Riparian Owners (Ribble Catchment) Blaenavon County Council British Ports Association & The United Kingdom Major Ports Group ltd GOBA (Great Ouse Boating Association) Godalming Angling Society RSPB Brecon Beacons National Park Harwich Haven Salmon and Trout Association Ltd Bristol City Council Havering Wildlife Trust Saltaire Village Society British Canoe Union Highway Agency Shipley Green Party British Waterways Hodder Consultative Association Shropshire County Council Broads Authority Hull City Council Skipton Angling Association Broughton Hall Estate Inland Waterways Association South Bucks District Council Caerphilly County Council IWA Tamworth Branch South Cumbria Rivers Trust Calder and Colne Rivers Trust Keighley Angling Club South West Water Calder Catchment Group Lancashire Fisheries Consultative STA - Salmon and Trout Association Calder River Watch Leeds City Council Countryside Council for Wales Luton Borough Council Tottenham & Wood Green Fiends of the Earth Chapel Hadlesey Parish Council Wharfedale Naturalists Society New Romney Town Council Chartered Surveyors Merthyr County Borough Council Wales Environment Link Cheshire West and Chester Milton Keynes Council Wensum Valley Trust RYA City of Bradford Metropolitan District Council Monmouth County Borough Council Western Power Distribution Page 7 of 8

8 Country Land and Business Natural England Yorkshire Derwent Salmon Association Group Coal Authority Navarm, Operational Logistics Yorkshire Water Denbighshire & Clwyd Angling Club Don Fisheries Consultative Association Durham Bird Conservation Neath Port Talbot County Borough Council NFU Northumberland Wildlife Trust Individual members of the public Page 8 of 8

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