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SCHEDULE 12 continued PART 2
4. In this Part, percentiles are to be calculated using the method specified in Council Decision 97/101/EC(21) establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within member States.
5. The following criteria are to be used for checking validity when aggregating data and calculating statistical parameters—
(1)
In this table, “AOT40”has the same meaning as in paragraph 2(d) of Part 4 of Schedule 1. |
|
(2)
In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values: AOT40 (estimate) = AOT40 measured x (total possible number of hours ÷ number of measured hourly values). The reference in this formula to the total possible number of hours is to the hours within the time period of AOT40 definition (that is, 8:00 to 20:00 Central European Time from 1 May to 31 July each year, for vegetation protection and from 1 April to 30 September each year for forest protection). |
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| Parameter | Required proportion of valid data |
|---|---|
| 1 hour values | 75% (45 minutes) |
| 8 hour values | 75% of values (6 hours) |
| Maximum daily 8 hours mean from hourly running 8 hours averages | 75% of the hourly running 8 hour averages (18 8 hours averages per day) |
| AOT40(1) | 90% of the 1 hour values over the time period defined for calculating the AOT40 value(2) |
| Annual mean | 75% of the 1 hour values over summer (April to September) and winter (January to March, October to December) seasons separately |
| Number of exceedances and maximum values per month | 90% of the daily maximum 8 hours mean value (27 available daily values per month) 90% of the 1 hour values between 8:00 and 20:00 Central European Time |
| Number of exceedances and maximum values per year | Five out of six summer months over the summer season (April to September) |
(This note is not part of the Regulations)
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 2003 (S.I. 2003/2121 amended by S.I. 2004/2888) which are revoked by regulation 32, and which previously implemented, within England (and, in relation to regulation 13 of those Regulations only, the United Kingdom) all the Directives cited above with the exception of Directive 2004/107/EC (the implementation date for which is the same date as the date these Regulations come into force).
These Regulations apply in England, with the exception of regulation 29 (transboundary pollution) which applies throughout the United Kingdom as does regulation 32(1)(a) (for the purpose of the revocation of the Air Quality Limit Values Regulations 2003).
Regulation 3 of these Regulations designates the Secretary of State 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, and their compounds, within the PM10 fraction); and target values and long-term objectives are imposed for ozone. For the purposes of this Part, regulation 5 requires the Secretary of State to divide England into zones within which the necessary air quality management and assessment takes place.
Chapter 2 of Part 2 sets out the measures the Secretary of State is 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 Secretary of State is required by regulation 8(2) to prepare and implement an improvement plan. The Secretary of State 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 Secretary of State considers that the target value would not be attainable through proportionate measures. Regulation 9 requires the Secretary of State 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 the Secretary of State 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 the Secretary of State to prepare and, to the extent he considers 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 Secretary of State 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 Secretary of State 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 Secretary of State to measure or monitor, respectively, PM2.5, 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 Secretary of State 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. Regulation 28 requires the Secretary of State to consult the public in the preparation, modification and review of improvement plans.
In Part 5 of these Regulations, regulation 29 imposes requirements in relation to transboundary pollution involving Group A pollutants and ozone. Regulation 30 allows, in relation to Group A pollutants, the Secretary of State to give the same directions to the Mayor and local authorities in Greater London as he is able to give to local authorities in England outside Greater London under section 85(5)(a) of the Environment Act 1995.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Air and Environmental Quality Division, Department for Environment, Food and Rural Affairs, 123 Victoria Street, London, SW1E 6DE.
Transposition Notes have also been prepared in relation to the Directives transposed by these Regulations, and copies can be obtained from the same address.
OJ L 35, 05.02.97, p.14. Back [21]
The Air Quality Standards Regulations 2007