The Air Quality Standards Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations implement the following Directives:

Council Directive 96/62/EC on ambient air quality assessment and management (OJ No L 296, 21.11.96, p.55);

Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ No L 163, 29.06.99, p.41);

Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air (OJ No L 313, 13.12.00, p.12);

Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (OJ No L 67, 09.03.02, p.14); and

Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ No L 23, 26.01.05, p.3).

These Regulations also incorporate requirements imposed by the following:

Commission Decision 2001/744/EC amending Annex V to Council Directive 1999/30/EC (OJ No L 278, 23.10.01, p.35); and

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ No L 156, 25.06.03, p.17).

These Regulations replace the Air Quality Limit Values Regulations (Northern Ireland) 2002 (S.R. 2002 No. 94) and the Air Quality (Ozone) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 240), and all relevant amending legislation, which are revoked by regulation 30, and which previously implemented all the Directives cited above with the exception of Directive 2004/107/EC (the implementation date for which is the same date as the coming into operation of these Regulations).

Part 1 of these Regulations sets out various definitions used in these Regulations (regulation 2: definition and interpretation). Part 1 also includes regulation 3 which designates the Department as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/EC.

Chapter 1 of Part 2 of these Regulations requires the attainment of air quality standards in respect of the concentration of various pollutants in ambient air. In accordance with regulation 6, limit values are imposed for “Group A” pollutants (benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀) and sulphur dioxide); target values are imposed for “Group B” pollutants (the content of arsenic, benzo(a)pyrene, cadmium and nickel, or their compounds, within the PM₁₀ fraction); and target values and long-term objectives are imposed for ozone. For the purposes of this Part, the Department is required to divide Northern Ireland into zones within which the necessary air quality management and assessment takes place.

Chapter 2 of Part 2 sets out the measures Northern Ireland departments are required to take in order to ensure attainment of the relevant standards. The measures ordinarily required are those set out in regulation 7. In relation to benzene or nitrogen dioxide, where concentrations exceed the limit value plus the margin of tolerance specified the Department, after consultation with other departments is required by regulation 8(2) to prepare and implement an improvement plan. The Department is also required to prepare and implement an improvement plan by regulation 8(3) in cases where concentrations of ozone exceed the target value unless the Department, after consultation with other departments considers that the target value would not be attainable through proportionate measures. Regulation 9 requires the Department to take the measures specified in that regulation in cases where concentrations of Group B pollutants exceed the relevant target value or in cases where concentrations of ozone comply with the target value but exceed a long-term objective.

Regulation 10 requires Northern Ireland departments to maintain compliance with the limit values and target values and, as far as the factors specified in that regulation permit, the long-term objective for ozone. Regulation 11 requires Northern Ireland departments to prepare and, to the extent they consider necessary, implement, action plans which indicate the measures to be taken in cases where there is a risk that any limit value or the alert thresholds for nitrogen dioxide and sulphur dioxide will be exceeded. The Department is also obliged to consider the preparation of action plans where there is a risk that the alert threshold for ozone will be exceeded.

Regulation 12 requires the Department to assess the concentration of Group A pollutants, Group B pollutants and ozone within each zone. Regulations 13 to 16 prescribe the assessment methods which are required or permitted (as the case may be), and the detailed requirements in relation to each method (for instance, requirements as to sampling points for fixed measurement).

In Part 3 of these Regulations, regulations 17 to 19 require the Department to monitor or measure, respectively, PM_2.5, ozone precursor substances and certain polycyclic aromatic hydrocarbons. Regulation 20 requires the taking of indicative measurements of the concentration and deposition of Group B pollutants, polycyclic aromatic hydrocarbons and mercury.

In Part 4 of these Regulations, regulations 21 to 25 require the Department to make up-to-date information available to the public, including organisations representing relevant public interests. Regulation 26 requires the production of an annual report for ozone and regulation 27 requires action and improvement plans, and information as to their implementation, to be made available. Finally, regulation 28 requires the Department to consult the public in the preparation, modification and review of improvement plans.