Overview
Introduction
The theme for the United Nation's World Water Day 2023, timed to coincide with United Nations (UN) Water Conference, is "accelerating change" to solve the global water and sanitation crisis. The Water Conference is the first UN conference on water in almost 50 years and comes at a time when there is widespread recognition of an urgent need for water action.
In 2015, the 193 member states of the UN approved the 2030 Agenda for Sustainable Development – an environmental action plan encompassing 17 sustainable development goals (SDGs). The current data suggests that SDG 6 – to ensure availability and sustainable management of water and sanitation for all – is well off track. A key outcome of this year's conference will be the Water Action Agenda, a range of water-related commitments to accelerate progress in the second half of the 2030 agenda.
UK performance against SDG 6
Setting aside that most fundamental of the UN targets, achieving universal access to safe and affordable drinking water and providing safely managed sanitation services (somewhat of a given for the developed world), the data from the United Kingdom is largely disappointing.
One critical pillar for the successful delivery of the (global) 2030 agenda is that the developed world steps up, providing leadership and resources for those countries with more to do. This should include the expansion of international cooperation and capacity-building support to developing countries in water and sanitation-related programmes, including:
- water harvesting;
- desalination;
- water efficiency;
- wastewater treatment;
- recycling; and
- reuse technologies.
Unfortunately, the data suggests a substantial dip in the amount of official development assistance in the UK government-coordinated spending plan.
Other key SDG metrics address improving domestic water quality by:
- reducing pollution;
- minimising the release of hazardous chemicals and materials; and
- substantially increasing recycling and safe reuse.
Again, historic UK performance has been underwhelming on water quality. Between 2015 and 2020 (the latest reported UK figures), the percentage of UK surface water bodies awarded "good" or "high" water quality status (under the EU Water Framework Directive) did not improve above 35.7%.
UK domestic water quality
In February 2023, in his outgoing speech as head of the Environment Agency, Sir James Bevan emphasised that water quality has improved greatly over the last few decades, citing the following examples:
- Sewage treatment works discharge 67% less phosphorus and 79% less ammonia into rivers than they did in 1995.
- Since the 1990s, there has been a big increase in the numbers of sensitive macroinvertebrates (snails, worms and insects) in English rivers, an indicator of the improving health of England's waters.
- Rivers that were heavily polluted during the industrial revolution now have salmon back in them, and otters have returned to every English county.
- The number of serious water pollution incidents caused by the water and sewerage companies has been reduced from over 500 in the early 1990s down to just 62 in 2021.
- In 2022, 72% of beaches and inland waters met the "excellent" standard, the highest since new stringent standards were introduced in 2015.
However, while Bevan was rightly and understandably keen to highlight that the situation is not wholly negative, particularly if it is benchmarked against the 1990s, he also recognised that progress on improving water quality has faltered in recent years, and overall water quality is now flatlining. Only 14% of UK rivers currently meet the criteria for good ecological status, some way off the stated goal in the government's 25 Year Environment Plan (published in 2018) of getting 75% of UK waters close to their natural state.
It is fair to say that there is currently no higher profile environmental issue than water on the UK political agenda. In that context, at the end of January 2023, the UK government published its Environmental Improvement Plan (EIP) 2023 for England, the first update to the 25 Year Environment Plan.
The EIP 2023 sets 10 goals, including goals on chemicals and water, some of which are explored further below. The Department for Environment Food and Rural Affairs (Defra) asserts that the SDGs are embedded in the United Kingdom's targets and ambitions, both with a view to achieving the SDG goals domestically, and driving progress internationally.
EIP 2023: managing exposure to chemicals and pesticides
Goal four of the EIP 2023 covers "managing exposure to chemicals and pesticides". Perhaps one of the most headline-grabbing aspects of this part of the EIP 2023 was the formal announcement of the publication of the (much delayed) UK Chemicals Strategy this year. The UK Chemicals Strategy will set out the priorities for addressing risks from emerging chemicals of concern, anticipated to include key issues such as per- and polyfluoroalkyl substances (PFAS) and endocrine disruptors (EDs). Since phasing out the use of PFAS (unless their use is essential) and increasing the controls relating to EDs are both stated priorities in the EU Chemical Strategy for Sustainability, the language and approach adopted in the UK Strategy in these areas will be heavily scrutinised for divergence in approach.
The EIP 2023 confirms the continued use of the UK Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation as the vehicle to implement the strategy, which will come as some comfort to those concerned that the Retained EU Law (Revocation and Reform) Bill might bring about more fundamental legislative change in this area. The strategy is also expected to set the government's plan to phase out the most harmful persistent pollutants, in line with its targets on persistent organic pollutants (POPs) in the EIP. In the meantime, those tracking or concerned with the POPs agenda are advised to consider participation in Defra's consultation on proposed changes to the (retained) Regulation (EU) 2019/1021 on persistent organic pollutants.
The EIP further confirms that a revised National Action Plan for the Sustainable Use of Pesticides will be published in 2023. The action plan will place increased emphasis on integrated pest management, with the stated aim of reduced reliance on chemical pesticides by making use of a wider variety of crop protection methods, including "lower risk alternatives" and "promoting natural processes."
Comparisons will inevitably be made with the proposed EU regulation on the sustainable use of plant protection products(1)published in June 2022 and currently going through the EU legislative process.
EIP 2023: clean and plentiful water
The EIP 2023 cites a number of perceived culprits for the lack of recent process in improving the UK water environment – namely:
- an increasing population;
- ageing infrastructure;
- increased pollution risks (particularly from farming);
- pressures on the UK drainage system; and
- the impact of climate change.
To address this myriad of issues, goal three of the EIP 2023 sets a wide range of (challenging) targets that will apply to and impact water companies and industry alike. For example, nitrogen, phosphorus and sediment pollution from agriculture into the water environment are targeted to be reduced by 40% by 2038 (against a 2018 baseline), with an interim target of 10% reduction by 2028.
Improving wastewater infrastructure and water company performance is another key governmental focus, reflecting the level of public discourse and attention on the issue.
In efforts to increase supply, water companies are required to invest £469 million between 2020 and 2025 to investigate the strategic water resources options required, such as:
- water transfers;
- inter-regional water transfers; reservoirs;
- water recycling; and
- desalination.
There will also be grants for technology, equipment and infrastructure to support the sustainable use of water in the agriculture sector through the Farming Investment Fund.
One uniquely British sewage challenge are storm overflows, an emotive legacy issue of the Victorian-era sewer infrastructure. These operate as safety valves in the combined sewer system, discharging excess sewage and rainwater to rivers, lakes or the sea when the sewer system is under strain in order to protect property. In 2022, the Storm Overflows Discharge Reduction Plan was published, requiring water companies to deliver the largest infrastructure programme in their history – an anticipated £56 billion of capital investment by 2050. Interim measures include the installation of event duration monitors on all storm overflows by the end of 2023.
Comment
In her foreword to the EIP 2023, Thérèse Coffey, the secretary of state for Defra, confirms that "[d]riven by data and dashboards, this will be a decade of delivery with target-led, targeted actions towards leaving our environment in a better state than we inherited." With the current data providing cause for concern across a range of water issues, but with an ambitious policy framework of domestic targets now in place, efforts must indeed now turn to delivering accelerating change both in the United Kingdom and on the global stage.
This article was first published on International Law Office on March 20, 2023
(1) COM(2022) 305 final.
