Fifth Nitrates Action Programme 2022-2025

The Programme sets out new measures that have been introduced since the Fourth Programme.

Ireland’s Nitrates Action Programme is given effect by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2022 (S.I. No. 113 of 2022). The regulations contain specific measures to protect surface waters and groundwater from nutrient pollution arising from agricultural sources.

The Fifth Nitrates Action Programme was developed following an initial public consultation, which was held in late 2020, and a second consultation period that concluded in September 2021. A third consultation period focused on the draft Natura Impact Statement and draft Strategic Environmental Assessment for the Programme was concluded on January 2022. Approximately 700 submissions were received during the three consultation periods and these have informed the final Programme.

What’s new in the Programme?

There have been a number of measures strengthened and added to the Programme since the Fourth Nitrates Action Programme and include the following:

  • Register of Chemical Fertiliser Sales to be established by Department of Agriculture, Food and the Marine (DAFM) for 2023
  • Improving Compliance and Enforcement –The EPA will develop and implement a National Agricultural Inspection Programme for local authorities. These inspections will be more targeted and risk-based with a stronger focus on compliance and follow-up enforcement. DAFM will increase derogation inspections from 5 to 10%
  • Slurry and Soil Water Storage and Management – dates of closed period extended
  • Livestock Excretion Rates – Three new excretion rate bands are being introduced which will be calculated as 80kg/ha, 92 kg/ha and 106 kg/ha. This means that to remain below the maximum permitted organic nitrogen loads of 250 kg/ha in derogation, there will have to be less cows per ha
  • Chemical Fertiliser Control – This will start with 10% reduction of chemical nitrogen applied nationally and may be increased to a 15% reduction nationally after the midterm interim review of the programme
  • Sewage/Industrial Sludges – There will be a review of management and oversight
  • P Build-Up – This is available to farmers above 130kg/ha
  • Green Cover on Tillage Ground – To reduce any potential losses of nutrients post-harvest cultativation/ crop sewing will happen within tighter timelines. Further measures will be introduced in the coming months to address concerns on loss of feeding areas for birds
  • Crude Protein in Concentrate Feeds – a maximum crude protein content of 15% is allowed in concentrate feedstuff fed to grazing livestock between 15 April and 30 September
  • Organic Matter Determination – from 2022, all soils greater than 20% Organic Matter are required to be soil tested for Organic Matter
  • Soil Tests are compulsory for holding above 170kg/ha by 2022, and by 2023 for holdings above 130kg/ha and for sown arable land
  • Grazing Land Management – for nutrient planning the stocking rate for commonage is 50kg/ha and * Review of technical tables –Some tables have been updated with the most recent scientific evidence and some tables will be updated in time for the interim review when the scientific evidence is available
  • Phased approach for Low Emission Slurry Spreading (2023-2025) for farms above 100kg/ha and must also be used for the application of pig slurry
  • Interim Review of the Programme within 2 years.

An Overview of Ireland’s Fifth Nitrates Action Programme

Ireland’s Fifth Nitrates Action Programme – Natura Impact Statement

Ireland’s Fifth Nitrates Action Programme – SEA Statement

Ireland’s Fifth Nitrates Action Programme – Determination on Appropriate Assessment

Clooneigh Priority Area for Action Desktop Report

Nov 2019

LAWPRO

Agriculture was identified as the significant pressure on the Clooneigh_010 and Clooneigh_020 while
Anthropogenic pressures were identified on the Keelcurragh_010

Some intensive farms in the area

Moher Bog: large area of peat extraction

Impacts on water quality arising from peat extraction and drainage include the release of ammonium and fine-grained suspended sediments. Silt ponds serving the operational bogs are required to adhere to conditions in the Integrated Pollution Control (IPC) Licence for the protection of surface waters and groundwater. Silt ponds are required to be cleaned as a minimum twice a year, once before ditching and once before harvesting, and more frequently as inspections may dictate.

Jiggy (Hind) Priority Area for Action Desktop Report

Jan 2020

LAWPRO

WWTP

Landfill waste (Roscommon Landfill, closed)

Urban Run-off

Combined sewer overflows

The main pathway in the urban environment will be pipes in the form of primary or secondary discharges from WwTp, Combined Sewer overflows, pumping stations and misconnections.

Hydromorphology (the river has been heavily modified for flood risk)

Awbeg (Buttevant) West Priority Area for Action Desktop Report

LAWPRO

Feb 2020

Value as trout habitat (IFI)

Hydromorphology/channelization is significant pressure

Agriculture: ammonia, phosphate and nitrate levels are periodically elevated

Forestry

Liscarroll wastewater treatment plant: operating under capacity, but biology was poor in previous cycles and receiving waterbody has deteriorated to poor status

Upper Caragh Priority Area for Action Desktop Report

LAWPRO

Feb 2020

High ecological status objective site, currently at Poor status and At Risk

Part of the Caragh Freshwater Pearl Mussel catchment

Important fishery for Arctic char

No water chemistry data available

Hydromorphology and agriculture were identified as the significant pressures

High risk of surface phosphate (and sediment) pathways. Corine land use and soil maps indicate pasture on peat in all three waterbodies, with the risk of ammonia loss to surface waters. Areas of land reclamation carry the risk of sediment loss to surface waters. Pathways may be both point sources (e.g. farmyards) and diffuse (e.g. slurry spreading, overland flow and land drains).

Shallee Priority Area for Action Desktop Report

LAWPRO

July 2020

Within the public drinking water source protection area for Drumcliff springs which
supplies Ennis

Hydromorphology (land reclamation)

Small point sources (DWWTS and farmyards)

One operational limestone quarry within the Shallee_010 sub-basin but it discharges
under S4 licence to the Fergus_040 waterbody to the north

EPA licensed facility located beside the quarry (Licence no. P0771) which discharges to ground within the sub basin. There is no process water discharged, only surface water which is discharged to ground from settlement ponds. The discharge is licensed for suspended solids and pH.

Clogrennane Lime Limited (Clare) (CRH)

https://goo.gl/maps/jmhDF5pNnGsT4ZhM7

A quicklime production facility comprising of; Maerz PFR kiln and auxiliary plant, and storage silos

https://epawebapp.epa.ie/licences/lic_eDMS/rss/P0771-02.xml

Non operational limestone quarry at Fountain (closed 2010)

Deenagh Priority Area for Action Desktop Report

LAWPRO

June 2021

Peat extraction: harvesting mainly in the headwaters in northern part of the waterbody

Agriculture: phosphate contribution of 75% from pasture

Point source impacts may be an issue close to or at the monitoring point such as cattle poaching, horses and storage of silage bales

Possibility for pesticides issue (to keep rushes back)

Forestry: mainly along forested and peatland areas in the central part of waterbody and the eastern pockets on poorly drained wet soils. SLAM v2.04 indicates a phosphate contribution of 12% from forestry

Much of the forestry appears to have been planted between 1995 – 2000 (prior to the Code of Best Forest Practice), according to aerial imagery, making the crop about 26 years old. Therefore, impacts to water quality from tree harvesting particularly regarding sediment and nutrients (phosphate and Ammonia) release may be a potential issue for the Deenagh_010 in the next ten years or so, as it is planted on peat and in close proximity to the main channel.

Wastewater discharge from housing

Carrigaholt Priority Area for Action Desktop Report

LAWPRO

March 2020

Carrigaholt Bay is a designated Shellfish Water

Nutrients (ammonia and orthophosphate) are the significant issues impacting on water quality. Sediment is potentially a significant issue. Chloride and conductivity levels are also significantly elevated. Elevated chloride in freshwater can be an indicator of domestic sewage (or slurry) pollution

Agriculture and domestic wastewater treatments systems are the significant pressures

Village is unsewered, the river periodically floods and septic tanks overflow, putting the shellfish waters at risk

Carrigaholt requires a waste water treatment plant

Section 4s (effluent discharge licence) on Moyana upstream of the village (holiday mobile home park with over 100 mobile homes and seven holiday homes)

The second S4 licence is not operational (it was an oyster nursery)