Nitrates

Nitrate loss is most common in freely draining soils, where it leaches readily to groundwater
before being discharged into river systems and onwards to estuaries and coastal waters where it
causes water quality problems. In the freely draining catchments in the south east, nitrate losses
are closely correlated with farm intensity: the higher the application of nitrate to land, the higher
the nitrate concentrations in waters. Nitrogen losses from these catchments in the south east
of the country continue to rise, and are over double the annual losses from catchments in the
west.

Proposals for an improved Nitrate related farm inspection regime

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Source: An Overview of Ireland’s Fifth Nitrates Action Programme

On average, approximately 3,400 Nitrates related inspections are undertaken on farms across Ireland each year by local authority and Department of Agriculture, Food and the Marine (DAFM) personnel.

The level of compliance with the requirements of the GAP regulations varies from county to county but it is generally considered to be low, relative to compliance with other national legislation.

Submissions received during three consultation stages on Nitrates Action Programme, and discussions with local authority personnel suggests that reform of the overall enforcement of the GAP regulations is required to:
– Further improve compliance levels,
– Ensure local authorities are adequately resourced,
– Prioritise targeting of high-risk areas.

Not expected that there will be significant changes to the enforcement powers of authorised personnel within the GAP regulations

National local authority agricultural inspection programme will be put in place by local authorities and the Environmental Protection Agency (EPA) that includes:
a) undertaking a review of the local authority inspection programme to be completed every four years.
b) developing, in consultation with other appropriate bodies, a National Agricultural Inspection Programme to include recommending, and potentially, directing local authorities on where to prioritise inspections using a risk-based approach taking water quality data and other environmental risk factors into consideration.
c) local authorities keeping appropriate records and submitting these to the EPA annually.
d) The EPA, local authorities and the Department of Agriculture, Food and the Marine identifying the necessary training needs for all personnel carrying out farm Inspections.

In 2022, the Department of Housing, Local Government and Heritage will issue a Circular to the EPA and local authorities providing more detail on the National Agricultural Inspection Programme.

A key focus of the Programme will be ensuring that follow up-inspections of non-compliant farms are undertaken, enforcement notices are issued and cases are prosecuted where necessary.

Steps will also be taken to ensure that all non-compliant farms are cross-reported to DAFM which will result in penalties.

Separately, an assessment of resources within the water environment functional area of local authorities, and specifically the agricultural inspection programme is ongoing by the County and City Management Association and will be included as a measure under the 3rd Cycle River Basin Management Plan.

These activities will build on work being undertaken by the EPA, local authorities and other members of the Network for Ireland’s Environmental Compliance and Enforcement (NIECE).

In addition DAFM has committed to increasing their nitrates derogation inspection programme from 5% of all derogation farms to 10% of all derogation farms on an annual basis. This is to be done using a risk based approach and additional risk category/categories will be added to ensure targeting in the most at risk areas.

https://www.gov.ie/en/publication/f1d01-fifth-nitrates-action-programme-2022-2025/

Fifth Nitrates Action Programme 2022-2025

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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

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Ireland’s Fifth Nitrates Action Programme – Natura Impact Statement

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Ireland’s Fifth Nitrates Action Programme – SEA Statement

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

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AIE: SEA Article 10 Monitoring

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AIE/22/026

DAFM response

No formal report regarding the SEA

Reports submitted annually to EU in respect of the Nitrates Derogation, which also contains information on general compliance with the Nitrates regulations, information from the Agricultural Catchments programme (administered by Teagasc) and EPA reports

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Barndarrig (Wicklow) Public Drinking Water Supply

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Drinking Water Audit Report in respect of Audit carried out on 02/03/21 at Barndarrig Public Drinking Water Supply.

Irish Water issued a Do Not Consume Notice to 220 consumers of Barndarrig public water supply on 09/02/21 due to nitrite exceedances in the final water at Barndarrig water treatment plant. The incident was suitably escalated and managed in order to protect public health.

Investigations into the cause of the nitrite contamination have been inconclusive to date. Irish Water and Wicklow County Council should complete the investigations and identify any remedial measures necessary to address potentially polluting activities in the zone of contribution to the borehole source.

Daily samples are taken (Monday to Friday) for analysis of nitrite

To date, the investigation has been inconclusive in determining the cause of the nitrite contamination of the borehole source

Irish Water plans to install a continuous nitrite monitor at Barndarrig water treatment plant to provide real time data and to serve as a warning system if nitrite levels rise again

During the audit, neither Irish Water or Wicklow County Council could rule out the possible impact of recent slurry spreading in the area or leakage from the sewer network in the vicinity

EPS Ireland representatives confirmed there is 36 to 48 hours storage of treated water in the reservoir at Barndarrig water treatment plant. This will allow the plant to be shut down temporarily if nitrite levels exceed a critical level, when the continuous nitrite monitor is in place at the plant

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REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the implementation of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources based on Member State reports for the period 2016–2019

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Nutrients such as nitrogen (N) and phosphorus (P) are essential elements for the plants. They are often used as fertilisers in agriculture to guarantee higher yields and quality products. However, the increasing demand in food production has resulted in an increased production and use of fertilisers associated with considerable inefficiencies, leading to pollution of water, air and soil, affecting human health and the environment.

At a global level, N and P surplus into the environment are already exceeding safe planetary boundaries, representing a severe threat to nature as well as to the climate 1 . Europe makes a considerable contribution to this form of pollution and the European Environment Agency (EEA) estimates that in Europe the limit for N losses is exceeded by a factor of 3.3 and the limit for P losses by a factor of 2 2 .

The Biodiversity 3 and the Farm to Fork 4 strategies set a common objective of reducing nutrient losses in the environment by at least 50% by 2030, while preserving soil fertility. Council Directive 91/676/EEC 5 concerning the protection of waters against pollution caused by nitrates from agricultural sources (“the Nitrates Directive”) is a key piece of legislation to achieve this target and other objectives of the EU Green Deal 6 .

The Nitrates Directive constitutes also a basic measure under the Water Framework Directive (WFD) 7 , which requires all European surface waters – lakes, rivers, transitional and coastal water, and groundwater – to reach “good status” by latest 2027. Together with the Urban Waste Water Treatment Directive (UWWTD) 8 , the Nitrates Directive plays a key role in improving the status of EU water bodies, as nutrient pollution is one of the main causes for failure of good status 9 , 10 . Furthermore, the Nitrates Directive is an essential instrument to prevent nutrient pollution of coastal and marine waters under the Marine Strategy Framework Directive (MSFD) 11 , 12 .

The Nitrates Directive requires Member States to:

–identify waters affected and at risk of being affected by nitrates pollution as well as designate as Nitrates Vulnerable Zones (NVZ) the areas draining into these waters where agriculture contributes significantly to this pollution;

–develop action programmes with measures reducing and preventing nitrates pollution, apply such programmes to NVZ or to the whole territory, and to reinforce these measures as soon as it appears that they are not sufficient to achieve the objectives of the Directive.

It also requires the Commission to inform the European Parliament and the Council every four years on the state of the implementation of the Directive based on Member States reports.

This report is accompanied by a Staff Working Document (SWD(2021) 1001) which includes maps and tables on indicators of nutrient pressures from agricultural sources, water quality and designated NVZ.

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Public Consultation on the Natura Impact Statement and Strategic Environmental Assessment for Ireland’s Draft Fifth Nitrates Action Programme

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This NIS has been prepared to inform the Appropriate Assessment (AA) process required under the Habitats Directive and the European Communities (Birds and Natural Habitats) Regulations 2011. The overall purpose of the AA process is to ensure that the NAP does not result in any adverse effects on the integrity of any European sites in view of its conservation objectives and to detail proposed mitigation measures needed to avoid, reduce or eliminate likely effects on a European Site or adverse effects on the integrity of a European Site.

The purpose of this SEA Report is to inform the development of the NAP, identify describe and evaluate the likely significant effects of the implementation of the NAP and its reasonable alternatives; and provide an opportunity for the statutory authorities and the public to offer views on any aspect through consultation.

The NIS and SEA processes have been, and continue to be iterative, and are assisting in making the final NAP more robust by fully integrating wider environmental considerations into the programme.

Documents

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Ireland’s Draft Nitrates Action Programme

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Ireland’s Fifth Nitrates Action Programme – Natura Impact Statement for consultation

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Ireland’s Fifth Nitrates Action Programme – SEA Environmental Report for consultation

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Public Consultation on the Natura Impact Assessment and Strategic Environmental Assessment for Ireland’s Draft Fifth Nitrates Action Programme

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Strategic Environmental Assessment and Appropriate Assessment Services for the fourth review of the Nitrates Action Programme (Tender, Closed 18/03/21)

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The overall purpose of this project is to ensure that the Nitrates Action Programme is assessed at an appropriately scaled level to ensure compliance with the principles and requirements of:

  • EU Directive 2001/42/EC and the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 to 2011; and
  • The Appropriate Assessment provisions of the Habitats Directive (92/43/EEC) and S.I. No. 477/2011 (European Communities (Birds and Natural Habitats) Regulations 2011), as amended.

This request for tender relates to the procurement of the following services:

  • A Strategic Environmental Assessment (SEA) of the review of the Nitrates Action Programme which complies with the requirements of EU Directive 2001/42/EC and the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 to 2011; and
  • a screening for Appropriate Assessment (AA) of the review of the Nitrates Action Programme, which complies with the Habitats Directive (92/43/EEC) and S.I. No. 477/2011 (European Communities (Birds and Natural Habitats) Regulations 2011), as amended;
  • subject to the results of the AA screening process, an AA of the review of the Nitrates Action Programme which complies with the Habitats Directive (92/43/EEC) and S.I. No. 477/2011 (European Communities (Birds and Natural Habitats) Regulations 2011), as amended

Background to the fifth Nitrates Action Programme

Ireland’s Nitrates Action Programme was designed to prevent pollution of surface waters and groundwater from agricultural sources and to protect and improve water quality, giving effect to the EU Nitrates Directive.

Article 28 of the Good Agricultural Practice Regulations, in line with the Nitrates Directive, requires the Minister for Housing, Local Government and Heritage, in consultation with the Minister for Agriculture, Food and the Marine, to review the Nitrates Action Programme every four years. Following its fourth review, Ireland’s fifth Nitrates Action Programme will run until the end of 2025.

Ireland has applied its National Action Programme on a country-wide basis, thus ensuring 100% territorial coverage compared to an EU average of 45% territorial coverage.  In addition, the Programme also provides for the control of Phosphorus used in agriculture. The scope of the four previous National Action Programmes has therefore been comprehensive, both in terms of addressing the major sources of agricultural nutrients and in covering a national farming population of over 130,000 farm holding. 

The principal elements of the NAP regime to-date include:

  • limits on farm stocking rates,
  • limiting the application of fertilisers,
  • controls on the application of slurry to land,
  • the introduction of ‘closed periods’ preventing the application of organic and chemical fertilisers during environmentally vulnerable parts of the season,
  • minimum storage requirements for livestock manures,
  • requirements regarding maintenance of green cover in tillage lands and
  • set back distance from waters,
  • Greater controls for more intensive farmers.

In common with other EU Member States in which intensive agricultural activity is practised, Ireland availed of a derogation from the 170 kg organic nitrogen limit of the Nitrates Directive which was first granted by the EU Commission in 2007.  During the first NAP derogations were granted to just over 5,000 farm holdings, amounting to circa 4% of total net land area and this has increased under the existing NAP to almost 7,000 derogation farms. All derogation farm holdings were subject to strict controls, including; a requirement on farmers to apply annually to the Department of Agriculture, Food and the Marine (DAFM) for a derogation as well as complying with additional conditions related to the application of manure and other fertilisers and conditions related to land management. 

An inspection programme was also established to ensure compliance with the derogation conditions.  This regime will continue under the fifth Nitrates Action Programme.

The review of the NAP is being led by an Expert Review Group, co-chaired by the Department of Housing, Local Government & Heritage (DHLGH) and the Department of Agriculture, Food and the Marine (DAFM), and with representatives from Teagasc and the EPA. 

In addition to the public consultations on the review, the Expert Review Group will be informed by the results of environmental and agricultural research relevant to water quality. These include reports of the Agricultural Catchments Programme, the EPA’s reports on water quality and additional water quality assessments and research.

This Group will advise on the measures that should be included in the next NAP. Where amendment to the current NAP is deemed necessary, the current Regulations will be amended subject to consistency with the provisions of Nitrates Directive. It is anticipated that new Regulations will be in place by December 2021.  These regulations will apply to all farm holdings from 1 January 2022.

It is important to note that the Nitrates Action Programme is an environmental management instrument aimed at protecting the aquatic environment and is a core mechanism for controlling agricultural water pollution sources.  However, it is neither capable of nor designed to address all agricultural water pollution problems that occur at local level.  There are other key policy instruments that also play an essential complimentary role in controlling agricultural water pollution issues.  These include River Basin Management Plans and Programmes of Measures made under the Water Framework Directive (2000/60/EC) and agri-environment support measures under the Rural Development Programme (RDP). These plans and programmes have also been subjected to Strategic Environmental Assessment and Appropriate Assessment during their development.

Strategic Environmental Assessment services for the Nitrates Action Programme

A Strategic Environmental Assessment (SEA) is required as part of this tender. S.I No. 435/2004 (amended by S.I. No. 200 of 2011) gives effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. Taken together, this legislation provides the basis for a process in which environmental considerations are fully taken into account during the preparation of relevant Plans and Programmes for relevant sectors.

Various steps are involved in the preparation of an SEA and include the following:

  • Screening (determining whether an SEA is required)
  • Scoping (determining the range of environmental issues to be covered by the SEA)
  • Preparation of an Environmental Report
  • The carrying out of consultations
  • Integration of environmental considerations into the Plan or Programme
  • The publication of information on the decision (SEA Statement)

Screening to determine if SEA is required

Article 9(1) of the European Communities (Environmental Assessment of Certain Plans and programmes) Regulations 2004 to 2011, stipulates that SEA is mandatory for certain plans/programmes in a number of specified areas, which set the framework for future development consent of projects listed in Annex I and II to Directive 85/337/EEC or where it has been determined under the Habitats Directive that an assessment is required.

The Department of Housing, Local Government & Heritage proposes to engage a consultant to undertake a Strategic Environmental Assessment (SEA) of the review of the Nitrates Action Programme, which complies with the requirements of EU Directive 2001/42/EC and the European Communities (Environmental Assessment of Certain Plans and programmes) Regulations 2004 to 2011.

Role of SEA

The key role of the SEA is to identify, describe and assess the likely significant effects on the environment of the implementation of the Nitrates Action Programme. The SEA process will help to ensure that environmental concerns can be adequately integrated into the decision making and implementation process.

Role of the successful tenderer in the SEA Process

The main tasks for the successful tenderer in the SEA process will include:

Preparation and writing of the Scoping Report (determining the range of environmental issues to be covered by the SEA).

Preparation and writing of the Draft SEA Environmental Report. The Report should contain at least the information specified in Schedule 2 of S.I No. 435/2004 (amended by S.I. No. 200 of 2011).

Consultations with the appropriate statutory authorities and relevant Departments/Agencies. This may also include workshop(s) facilitated by the successful Tenderer.

Integration of environmental considerations into the draft NAP.

Following acceptance by the Contracting Authority, publication for consultation of draft Environmental Report.

Consideration and follow up of matters raised during consultation – See point (B) below.

Preparation of information on, and drafting of, the draft decision (SEA Statement) for submission to the Contracting Authority.

Following acceptance by the Contracting Authority, publication of the SEA Statement as part of the Nitrates Action Programme

The successful tenderer will be required to report regularly to the Expert Review Group on progress of the tasks undertaken.

Where appropriate in the process, input will be provided from the DHLGH, DAFM, Teagasc and the EPA.

Appropriate Assessment Screening and Appropriate Assessment Relating to Natura 2000 Sites

In addition to a Strategic Environmental Assessment, a further separate Appropriate Assessment (AA) screening process is required and subject to the results of this screening exercise, a full AA may also be required.  The screening process and AA should comply with the provisions of the Habitats Directive (92/43/EEC) and S.I. No. 477/2011 (European Communities (Birds and Natural Habitats) Regulations 2011), as amended.

This legislation sets out various procedures and obligations relating to nature conservation in general and to the conservation of habitats and species in Natura 2000 sites in particular.  The purpose of AA screening is to determine whether a plan or project could have significant effects on Natura 2000 sites, having regard to their conservation objectives, while the key role of the AA (if deemed necessary following a screening exercise) is to determine whether or not a plan or project would adversely affect the integrity of a Natura 2000 site and the development, if necessary, of mitigation measures.

In relation to assessments relating to the same subject matter being carried out (as in this tender), Regulation 47 of S.I. No. 477/2011 stipulates that an AA and an SEA shall clearly be distinguished in terms of their respective scope and conclusions, although the processes may be carried out concurrently and draw on common data and information. The key findings and any recommendations of the AA should be reflected in the relevant section(s) of the SEA Environmental Report.

The successful tenderer will engage directly with the appropriate authorities, including the National Parks and Wildlife Service (NPWS) when undertaking the AA screening and AA.

The successful tenderer is expected to produce the following deliverables: an AA screening report and screening determination, a Natura Impact Statement and an AA determination.

The DHLGH does not intend to establish a steering group for the purposes of guiding the contractor through the SEA or AA process.

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Number of inspections carried out by local authorities under the 4th Nitrates Action Programme

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Question:

To ask the Minister for Housing, Planning, and Local Government the number of inspections carried out by local authorities under the 4th Nitrates Action Programme in 2018, 2019 and 2020; the number of non-compliance incidents registered; the number of enforcements and penalties issued; and if he will make a statement on the matter.

Response:

Local authority functions, including enforcement activities, are set out under Part 6 of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017.

Under these regulations, local authorities are required to undertake inspections to determine on-farm compliance with the provisions of the regulations on farms within their jurisdiction.

The Environmental Protection Agency (EPA) has responsibility within the regulations for oversight of local authority enforcement functions and for reporting on implementation and compliance with the requirements of the regulations.

This is managed through the EPA’s Office of Environmental Enforcement and through the collaborative Network for Ireland’s Environmental Compliance and Enforcement (NIECE network).

This is in addition to the general oversight of local authority environmental functions assigned to the EPA by section 63 of the Environmental Protection Agency Act, 1992.

Information on the number of inspections carried out, non-compliances identified, enforcement activities and prosecutions by local authorities under the Nitrates Action Programme is collated by individual local authorities and reported to the EPA, who publish the consolidated enforcement data as part of their regular Local Authority Environmental Enforcement Activity Report.

A copy of the latest report is available on the EPA’s website at

http://www.epa.ie/publications/compliance–enforcement/public-authorities/focus-on-local-authority-environmental-enforcement—activity-report-2019.php

https://www.kildarestreet.com/wrans/?id=2021-10-21a.542&s=Farm+inspection#g544.r

Nitrogen in Drinking Water: 18 Places to Watch (2 Public / 16 Private)

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At a recent Oireachtas Committee hearing, the EPA noted there are 18 drinking water sources that have difficulty with nitrogen

Dr. Jenny Deakin

“Thankfully in Ireland we do not have too many sources that are beyond the drinking water standard. We are not the same as other member states, for example, in that regard. We have approximately 18 drinking water sources that have a difficultly with nitrogen.”

https://www.oireachtas.ie/en/debates/debate/joint_committee_on_agriculture_food_and_the_marine/2021-10-13/speech/70/

The 18 sources referred to relate to a combined number for public and private drinking water supplies

They are based on the detail published in two EPA drinking water reports

Public Water Supplies: Ballydermody, Waterford and Kiltegan Public Supply, Wicklow

EPA Report Drinking Water quality in Public Supplies in 2019

Two supplies with failures notified (in Table 3)

 

In the Appendix, Table 2 (p51) indicates that these were Ballydermody, Waterford and Kiltegan Public Supply, Wicklow

Private Water Supplies: 16 listed in Excel

EPA Report Focus on Private Water Supplies 2018 (nitrate exceedances in 3 private group schemes and 13 small private supplies – see Appendix 1 and 2)

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