Under the domestic legislation that transposes the Water Framework Directive (2000/60/EC) and Groundwater Daughter Directive (2006/118/EC), the UK environment agencies are responsible for considering whether a potential pollutant (a substance liable to cause pollution) should be determined to be a hazardous substance or a non-hazardous pollutant. These changes in legislation mean that the method formerly used to determine the classification of substances as falling in List 1 or 2 under the old Groundwater Directive (80/68/EEC) has been revised.
Between June and August 2011, a consultation took place on the methodology. The revised methodology was issued on 28th June 2012, along with the consultation response document.
After the methodology was published, data were collected to assess the likely determination of 20 substances.
These 20 substances were identified as likely to be determined as either hazardous substances or non-hazardous pollutants. A consultation on the proposed determinations took place in 2013 which raised some concerns about the methodology.
The approach for regulating and the standards that will apply to substances once they have been determined as hazardous substances or non-hazardous pollutants was consultated on mid 2015.
The latest versions of the documents are available here.