The Air Quality Standards Regulations 2007

PART 1 General

Citation, commencement and application

1.—(1) These Regulations may be cited as the Air Quality Standards Regulations 2007 and come into force on 15th February 2007.

(2) These Regulations apply in England, except for regulations 29 and 32(1)(a) which extend to the United Kingdom(1).

Definitions

2.—(1) In these Regulations—

“action plan” means an action plan required by regulation 11;

“additional polycyclic aromatic hydrocarbons” means those organic compounds, other than benzo(a)pyrene and basic polycyclic aromatic hydrocarbons, which are composed of at least two fused aromatic rings made entirely from carbon and hydrogen;

“agglomeration” has the meaning given in regulation 5(2);

“air quality standards” means limit values, target values, and long-term objectives;

“alert threshold” means an alert threshold set out in Schedule 3;

“ambient air” means outdoor air in the troposphere, excluding work places;

“assessment” (unless the context indicates otherwise) means any method used to measure, monitor, calculate, predict or estimate the concentration of a pollutant;

“attainment date” means the date (or, in the case of ozone, year) specified for the relevant air quality standard in Schedule 1;

“basic polycyclic aromatic hydrocarbons” means—

(a)

benzo(a)anthracene;

(b)

benzo(b)fluoranthene;

(c)

benzo(j)fluoranthene;

(d)

benzo(k)fluoranthene;

(e)

dibenz(a,h)anthracene; and

(f)

indeno(1,2,3-cd)pyrene;

“combined measurement” means an assessment of a Group A or Group B pollutant by means of a combination of fixed measurement and modelling techniques;

“concentration” means—

(a)

for pollutants other than Group B pollutants, the concentration of the relevant pollutant in ambient air; or

(b)

for Group B pollutants, the total content of the relevant pollutant in the PM₁₀ fraction in ambient air,

and, in both cases, a reference to a concentration is to a concentration assessed by the Secretary of State in accordance with these Regulations;

“fixed measurement” means measurement in accordance with regulation 14(1) for a Group A or Group B pollutant or regulation 14(3) for ozone;

“Group A pollutants” means benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, PM₁₀ and sulphur dioxide;

“Group B pollutants” means arsenic, benzo(a)pyrene, cadmium and nickel and their compounds;

“improvement plan” means an improvement plan required by regulation 8;

“information threshold” means the information threshold set out in Part 2 of Schedule 3;

“limit value” means a maximum concentration of a Group A pollutant set out in Part 1 of Schedule 1;

“long-term objective” means a maximum concentration of ozone set out in Part 4 of Schedule 1 which is to be achieved in the long term, in so far as this is possible through the measures required in relation to the long-term objective by regulation 7(3);

“lower assessment threshold” means the lower assessment threshold specified for the relevant pollutant in Parts 1 and 2 of Schedule 4;

“margin of tolerance” means an amount specified in Part 2 of Schedule 1 by which a limit value may be exceeded;

“oxides of nitrogen” means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;

“ozone precursor substances” means substances which contribute to the formation of ground level ozone;

“PM_2..5” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5μm aerodynamic diameter;

“PM₁₀” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10μm aerodynamic diameter, in relation to which, in the case of assessments of Group B pollutants, the inlet shall be as defined in CEN standard EN 12341: 1998(2);

“pollutant” means—

(a)

any Group A pollutant;

(b)

any Group B pollutant;

(c)

ozone; or

(d)

except in Part 2 of these Regulations, any pollutant to which Part 3 applies;

“polycyclic aromatic hydrocarbons” mean—

(a)

the basic polycyclic aromatic hydrocarbons; and

(b)

any of the additional polycyclic aromatic hydrocarbons;

“rural background station” means a station referred to in the fourth row (rural background) of the table in Part 3 of Schedule 6;

“target value” means a maximum concentration of a Group B pollutant set out in Part 3 of Schedule 1 or ozone set out in Part 4 of Schedule 1;

“upper assessment threshold” means the upper assessment threshold specified for the relevant pollutant in Parts 1 and 2 of Schedule 4; and

“zone” means one of the parts of the territory into which the Secretary of State has divided England under regulation 5(1) for the purposes of Part 2 of these Regulations, and references to a zone shall (unless the context indicates otherwise) include an agglomeration.

(2) Other words and expressions used in these Regulations shall have the same meaning as in the following Directives—

(a) Council Directive 96/62/EC on ambient air quality assessment and management(3);

(b) 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(4);

(c) Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air(5);

(d) Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air(6); and

(e) 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(7).

Designation of Secretary of State

3.  The Secretary of State is designated as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/EC.

PART 2 Group A and Group B pollutants and ozone

CHAPTER 1 Air Quality Standards

Preliminary and application

4.—(1) This Part applies in respect of the following pollutants—

(a) Group A pollutants;

(b) Group B pollutants; and

(c) ozone.

(2) The Secretary of State shall ensure that all measures taken under Chapters 2 or 3 of this Part—

(a) take into account an integrated approach to the protection of air, water and soil; and

(b) have no significant negative effect on—

(i) any other member State; or

(ii) any other part of the United Kingdom.

Zones and agglomerations

5.—(1) The Secretary of State shall, for the purposes of this Part, divide the territory of England into zones.

(2) A zone shall be classified as an agglomeration for the purposes of this Part where—

(a) it has a population in excess of 250,000 inhabitants; or

(b) in any other case, the Secretary of State determines that its population density per km² is sufficiently high to justify such a classification.

(3) The Secretary of State may establish different zones for different pollutants where he considers this appropriate.

Air quality standards

6.—(1) Schedule 1 prescribes the following air quality standards—

(a) for Group A pollutants, the limit values set out in Part 1 of that Schedule;

(b) for Group B pollutants, the target values set out in Part 3 of that Schedule; and

(c) for ozone, the target values and long-term objectives set out in Part 4 of that Schedule.

(2) Limit values—

(a) shall be attained by the attainment date specified for the limit value concerned; or

(b) apply when these Regulations come into force, if no attainment date is specified.

(3) Target values shall be attained from the attainment date specified, in so far as this is possible.

(4) In the case of benzene and nitrogen dioxide, the margins of tolerance set out in Part 2 of Schedule 1 apply within the periods specified.

CHAPTER 2 Attainment of air quality standards

General attainment measures

7.—(1) The Secretary of State shall take the necessary measures to ensure that the air quality standards in regulation 6 are attained.

(2) In the case of Group B pollutants, the necessary measures are—

(a) measures not entailing disproportionate costs; and

(b) in so far as concentrations of a relevant pollutant arise as a result of emissions from installations to which Council Directive 96/61/EC concerning integrated pollution prevention and control(8) applies, the application of best available techniques to prevent pollution from those installations in accordance with that Directive(9).

(3) In the case of ozone, the necessary measures are measures the Secretary of State considers to be proportionate and, in relation to the long-term objectives, cost effective.

Improvement plans

8.—(1) This regulation applies in respect of each zone in which prior to the attainment date—

(a) concentrations of benzene or nitrogen dioxide exceed a limit value plus the applicable margin of tolerance; or

(b) concentrations of ozone exceed a target value.

(2) Where paragraph (1)(a) applies, the Secretary of State shall prepare and implement an improvement plan for the pollutant in question or, where concentrations of both pollutants exceed the level referred to, a single improvement plan for both pollutants.

(3) Where paragraph (1)(b) applies, the Secretary of State shall prepare and implement an improvement plan in respect of ozone unless he considers that the target value would not be attainable through proportionate measures.

(4) An improvement plan shall include the information specified in Schedule 2.

(5) Where the Secretary of State is required to prepare and implement an improvement plan under both paragraphs (2) and (3) he shall, where he considers it appropriate, prepare and implement an integrated improvement plan covering all of the pollutants concerned.

(6) An improvement plan may comprise either a plan or a programme which, in either case, shall have the objective of attaining—

(a) the limit value, by the attainment date; or

(b) the target value, by 2010.

Other improvement measures

9.—(1) This regulation applies in respect of each zone in which—

(a) concentrations of one or more Group B pollutants exceed the relevant target value; or

(b) concentrations of ozone are equal to or below the target values, but exceed a long-term objective.

(2) Where paragraph (1)(a) applies, the Secretary of State shall—

(a) identify the cause of the pollution and the predominant sources of emissions; and

(b) in relation to the pollutants concerned, ensure that the measures required by regulation 7(2) are directed in particular at the sources of emissions identified.

(3) Where paragraph (1)(b) applies, the Secretary of State shall prepare and implement measures which he considers to be cost-effective with the aim of attaining the long-term objective.

(4) The Secretary of State shall ensure that the measures required in paragraph (3) are consistent with the improvement plans prepared for ozone under regulation 8(3).

CHAPTER 3 Maintenance of air quality standards and action plans

Maintenance of air quality standards

10.—(1) This regulation applies in respect of each zone in which—

(a) concentrations of one or more Group A pollutants are below the relevant limit values;

(b) concentrations of one or more Group B pollutants are below the relevant target values; or

(c) concentrations of ozone meet the long-term objectives.

(2) Where sub-paragraphs (a) or (b) of paragraph (1) apply, the Secretary of State shall in respect of each pollutant meeting the conditions set out in those sub-paragraphs—

(a) maintain compliance with the relevant limit values or target values; and

(b) endeavour to maintain the lowest concentration which he considers to be compatible with sustainable development.

(3) Where paragraph (1)(c) applies, the Secretary of State shall—

(a) in so far as the transboundary nature of ozone pollution, meteorological conditions and any other similar factors permit, ensure that concentrations are kept at or below the long-term objectives; and

(b) maintain through proportionate measures the lowest concentrations which he considers to be compatible with sustainable development and a high level of protection for the environment and human health.

Action plans

11.—(1) The Secretary of State shall—

(a) in accordance with paragraphs (2) to (4) and (6), prepare; and

(b) in accordance with paragraph (5) and (6), implement,

action plans.

(2) The action plans shall indicate the measures to be taken within any zone in the short term in order to achieve the objectives set out in paragraph (3) in the event of circumstances in which the Secretary of State considers there is a risk that any one of the following will be exceeded—

(a) a limit value;

(b) the alert threshold for nitrogen dioxide or sulphur dioxide; or

(c) subject to paragraph (4), the alert threshold for ozone.

(3) The objectives of each action plan shall be—

(a) to reduce the risk that the relevant limit value or alert threshold will be exceeded; or

(b) where it is not possible to prevent the relevant limit value or alert threshold being exceeded, to limit the duration or severity of the occurrence.

(4) In relation to ozone, the obligation imposed by paragraph (1)(a) shall only apply in so far as, taking into account geographical, meteorological and economic conditions, the Secretary of State considers there is significant potential for the objectives set out in paragraph (3) to be achieved.

(5) When the Secretary of State considers that the risks referred to in paragraph (2) arise within a zone, he shall implement the measures indicated in the relevant action plans within that zone to the extent he considers necessary in the circumstances.

(6) In preparing and implementing any action plans for ozone, the Secretary of State shall have regard to Annexes I and II to the Commission Decision of 19 March 2004 concerning guidance for implementation of Directive 2002/3/EC(10).

(7) Schedule 3 has effect in prescribing—

(a) alert thresholds for nitrogen dioxide and sulphur dioxide, in Part 1 of that Schedule; and

(b) the alert threshold and information threshold for ozone, in Part 2 of that Schedule.

CHAPTER 4 Assessment

Duty to assess air quality

12.  The Secretary of State shall assess the concentration of each pollutant within each zone, in accordance with regulations 13 to 16.

Assessment methods

13.—(1) Subject to paragraph (2), the Secretary of State shall assess concentrations of a Group A pollutant by fixed measurement where—

(a) the assessment takes place within an agglomeration; or

(b) in any other zone, representative concentrations of that pollutant exceed the relevant upper assessment threshold.

(2) Where the zone concerned is the same as that established under the Air Quality Limit Values Regulations 2003(11) (“the 2003 Regulations”), the Secretary of State may continue to use the method by which concentrations of a Group A pollutant were assessed within that zone under the 2003 Regulations (“the 2003 method”).

(3) Except where fixed measurement is required by paragraph (1) or he continues to use the 2003 method in accordance with paragraph (2), and, in the case of nitrogen dioxide, subject to the requirements imposed by regulation 15(7), the Secretary of State may assess concentrations of a Group A pollutant by any one of the following methods—

(a) fixed measurement;

(b) combined measurement; or

(c) the sole use of modelling or objective estimation techniques, provided that representative concentrations of the pollutant in the zone concerned are below the relevant lower assessment threshold.

(4) The Secretary of State shall assess concentrations of a Group B pollutant by fixed measurement in any zone in which representative concentrations of that pollutant exceed the relevant upper assessment threshold.

(5) Except where fixed measurement is required by paragraph (4), the Secretary of State may assess concentrations of a Group B pollutant by one of the following methods—

(a) fixed measurement;

(b) combined measurement; or

(c) the sole use of modelling or objective estimation techniques, provided that representative concentrations of the pollutant in the zone concerned are below the relevant lower assessment threshold.

(6) For the purposes of paragraphs (1) and (3) to (5), the Secretary of State shall determine the representative concentrations in accordance with Part 3 of Schedule 4.

(7) The Secretary of State shall review the method by which concentrations of a Group A or Group B pollutant are assessed at least once every five years or earlier if there are significant changes in activities affecting concentrations of the relevant pollutant within the zone concerned.

(8) Where the Secretary of State continues to use the 2003 method, the date from which the period of review commences is the later of—

(a) the date the zone was classified under regulation 7(1) of the 2003 Regulations; or

(b) the date on which that classification was last reviewed under regulation 8 of those Regulations.

(9) The Secretary of State shall assess concentrations of ozone by fixed measurement if, within the zone concerned, concentrations have exceeded a long-term objective during any of the previous five years of measurement.

(10) Where fewer than five years’ information on concentrations is available, the Secretary of State may assess concentrations of ozone by—

(a) measurement campaigns of short duration at times and locations which he considers are likely to be typical of the highest pollution levels; and

(b) results from emission inventories and modelling.

Fixed and combined measurement

14.—(1) Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement or by combined measurement he shall ensure that—

(a) measurements of the relevant pollutant are taken at sampling points either continuously or by random sampling, subject, in the case of nitrogen dioxide, to the requirements imposed by regulation 15(7); and

(b) the number of measurements is sufficiently large to enable concentrations of that pollutant to be properly determined.

(2) Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement, he may supplement information from sampling points for fixed measurement with information from modelling techniques in so far as he considers this will provide an adequate level of information on ambient air quality.

(3) Where the Secretary of State assesses concentrations of ozone by fixed measurement—

(a) he shall ensure that—

(i) the measurements are taken at fixed sites continuously; and

(ii) the number of measurements is sufficiently large to enable concentrations to be properly determined;

and

(b) he may supplement information from sampling points with information from modelling techniques or indicative measurements.

Sampling points

15.—(1) Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement he shall, except in cases falling within paragraph (2)(a), install the number of sampling points required for the zone in accordance with the relevant Part of Schedule 5.

(2) Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by—

(a) fixed measurement, in cases where he obtains information from modelling techniques under regulation 14(2); or

(b) combined measurement,

he shall install the number of sampling points he determines is sufficient, taken together with the spatial resolution of the other techniques employed, for concentrations of the relevant pollutant to be established within the zone concerned.

(3) The Secretary of State shall locate all sampling points for Group A and Group B pollutants in accordance with the requirements set out in the relevant Parts of Schedule 6.

(4) Where the Secretary of State assesses concentrations of ozone by fixed measurement he shall, except where paragraphs (5) or (6) apply, install the number of sampling points required for the zone in accordance with Part 4 of Schedule 5.

(5) In the case of zones where—

(a) five years of measurement have been carried out; and

(b) during each of those years, concentrations of ozone have been below the long-term objectives,

the Secretary of State may determine the number of sampling points in accordance with Part 5 of Schedule 5.

(6) In the case of zones in which the Secretary of State supplements the information obtained from sampling points for fixed measurement with information from modelling techniques or indicative measurement in accordance with regulation 14(3)(b), he may reduce the number of sampling points for ozone provided that—

(a) he considers that the modelling techniques adopted provide an adequate level of information for the assessment of air quality with regard to—

(i) the target values;

(ii) the information threshold; and

(iii) the alert threshold;

(b) he considers that the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established and to enable the compilation of assessment results as specified in Part 3 of Schedule 7;

(c) the number of sampling points in each zone amounts to—

(i) at least one sampling point per two million inhabitants; or

(ii) one sampling point per 50,000 km²,

whichever produces the greater number of sampling points;

(d) each zone contains at least one sampling point; and

(e) concentrations of nitrogen dioxide are assessed at all remaining sampling points except rural background stations.

(7) The Secretary of State shall ensure that—

(a) except where paragraph (6)(e) applies, concentrations of nitrogen dioxide are assessed at least half of the number of sampling points required to be installed for ozone in accordance with Part 4 of Schedule 5; and

(b) the measurement of nitrogen dioxide taken at any sampling point is continuous, except at rural background stations where other measurement methods may be used.

(8) The Secretary of State shall locate all sampling points for ozone in accordance with the requirements set out in the relevant Parts of Schedule 6.

Other assessment requirements

16.—(1) When the Secretary of State undertakes assessments by methods other than fixed measurement, he shall comply with the requirements of the relevant Part of Schedule 7 when using those other methods.

(2) When conducting any assessment under this Chapter, the Secretary of State shall have regard to the relevant data quality objectives set out in Schedule 8.

(3) The Secretary of State shall undertake assessments in accordance with—

(a) the relevant reference methods required by Schedule 9; or

(b) any alternative reference methods, where he considers that the method in question is likely to give equivalent results to the relevant method required by Schedule 9.

(4) Measurements of volume of benzene, carbon monoxide, nitrogen dioxide, oxides of nitrogen, ozone and sulphur dioxide shall be standardised at a temperature of 293K and a pressure of 101.3 kPa.

PART 3 Other pollutants and background monitoring

Measurement of PM_2.5

17.—(1) The Secretary of State shall install and operate measuring stations to supply representative data on concentrations of PM_2.5.

(2) The Secretary of State shall—

(a) determine the number of measuring stations he considers necessary;

(b) locate each measuring station—

(i) together with a sampling point for PM₁₀, where this is possible; or

(ii) in any other case, in accordance with the principles set out in Parts 1, 4 and 5 of Schedule 6 which are relevant to PM₁₀;

(c) use reference methods for sampling and measurement that he considers suitable; and

(d) have regard to the data quality objectives set out in Part 1 of Schedule 8.

Measurement of ozone precursor substances

18.—(1) The Secretary of State shall install and operate one or, if he considers it necessary, more measuring stations, to supply data on concentrations of the ozone precursor substances set out in Schedule 10.

(2) When complying with paragraph (1), the Secretary of State shall have regard—

(a) generally, to Annex III of the Decision referred to in regulation 11(6); and

(b) in choosing the number and sites of the measuring stations and in their operation, to Schedule 10.

Monitoring of polycyclic aromatic hydrocarbons

19.—(1) The Secretary of State shall monitor concentrations of—

(a) basic polycyclic aromatic hydrocarbons; and

(b) any additional polycyclic aromatic hydrocarbons which he decides should be monitored,

at monitoring sites designated by him for this purpose.

(2) The Secretary of State shall locate each monitoring site—

(a) together with a sampling point for benzo(a)pyrene, where this is possible; or

(b) in any other case, in accordance with those Parts of Schedule 6 relevant to Group B pollutants.

(3) The total number of monitoring sites and their overall selection shall be such as the Secretary of State considers necessary to ensure that the monitoring provides sufficient information to identify long-term trends and geographical variation in the concentration of each polycyclic aromatic hydrocarbon.

(4) Regulation 16(2) and (3) shall apply to the monitoring required by this regulation as if such monitoring were an assessment under Chapter 4 of Part 2.

Background monitoring

20.—(1) The Secretary of State shall install and operate background sampling points to provide the measurements referred to in paragraph (2).

(2) The measurements are indicative measurements of—

(a) concentrations of—

(i) Group B pollutants;

(ii) basic polycyclic aromatic hydrocarbons; and

(iii) total gaseous mercury;

and

(b) total deposition of—

(i) Group B pollutants, within the PM₁₀ fraction;

(ii) basic polycyclic aromatic hydrocarbons; and

(iii) mercury.

(3) For the purposes of paragraphs (1) and (2), the Secretary of State shall ensure that—

(a) at least one sampling point is installed for every 100,000 km²; and

(b) each sampling point is located in accordance with those Parts of Schedule 6 relevant to Group B pollutants.

(4) Regulation 16(2) and (3) shall apply to the taking of the measurements referred to in paragraph (2) as if the taking of these measurements were an assessment under Chapter 4 of Part 2.

(5) The Secretary of State may—

(a) in addition to the indicative measurements referred to in paragraph (2), take further indicative measurements relating specifically to particulate and gaseous divalent mercury from the sampling points installed under paragraph (1); and

(b) coordinate any measurements taken under this regulation with the European Monitoring and Evaluation of Pollutants monitoring strategy and measurement programme.

(6) For the purpose of paragraph (2)(a)(iii), “total gaseous mercury” means—

(i) elemental mercury vapour (Hg⁰); and

(ii) reactive gaseous mercury.

PART 4 Public information and participation

General requirements

21.—(1) The Secretary of State shall—

(a) ensure that up-to-date information is made available to the public in accordance with this Part; and

(b) consult the public in accordance with regulation 28.

(2) The Secretary of State shall ensure that the information to which this Part relates is—

(a) made available in a form that is clear, comprehensible and accessible;

(b) disseminated or published by the most appropriate means, as he may determine, including (but not necessarily limited to) broadcast media, press, publications, information screens, the internet or other computer network sources; and

(c) up-dated—

(i) in accordance with a minimum frequency specified in this Part; or

(ii) in other cases, as soon as practicable.

(3) For the purposes of this Part, “the public” includes health-care bodies and other organisations having an interest in ambient air quality or representing the interests of sensitive people or the environment.

Information regarding zones

22.  The Secretary of State shall make available—

(a) information identifying each zone and specifying which zones have been classified as agglomerations;

(b) lists of—

(i) zones which have attained all air quality standards; and

(ii) zones which have not attained one or more of the air quality standards, in which case the list shall specify the pollutants and air quality standards concerned;

(c) until 31st December 2009, a list of zones in which concentrations of benzene or nitrogen dioxide either—

(i) exceed a limit value plus the relevant margin of tolerance; or

(ii) are between a limit value and the relevant margin of tolerance,

specifying, in both cases, the pollutant and limit values for which this is the case; and

(d) a list classifying each zone in relation to the method by which the Secretary of State assesses concentrations of each Group A and Group B pollutant within that zone in accordance with regulation 13.

Information on concentrations

23.—(1) The Secretary of State shall make available information in respect of—

(a) concentrations of Group A pollutants;

(b) concentrations of Group B pollutants;

(c) concentrations of ozone; and

(d) in so far as measured or monitored under Part 3 of these Regulations—

(i) concentrations of mercury, PM_2.5 and polycyclic aromatic hydrocarbons; and

(ii) deposition rates of Group B pollutants, mercury and basic polycyclic aromatic hydrocarbons.

(2) The information referred to in paragraph (1)(a) shall be updated in the cases of—

(a) benzene, as an average value over the preceding 12 months—

(i) at least on a three-monthly basis; and

(ii) where practicable, on a monthly basis;

(b) carbon monoxide, as a maximum running average over eight hours—

(i) at least on a daily basis; and

(ii) where practicable, on an hourly basis;

(c) lead, on a three monthly basis; and

(d) nitrogen dioxide, sulphur dioxide and PM₁₀—

(i) at least on a daily basis; and

(ii) in the case of hourly values for nitrogen dioxide and sulphur dioxide, where practicable, on an hourly basis.

(3) The information required to be made available by paragraph (1)(c) shall be updated—

(a) at least on a daily basis; and

(b) where appropriate and practicable, on an hourly basis.

(4) The information required to be made available by paragraph (1)(d)(i) in respect of PM_2.5 shall be updated at least on a daily basis.

Information on breach of alert or information threshold

24.—(1) The Secretary of State shall, as soon as possible in each case, make available—

(a) the information set out in Part 1 of Schedule 11, when the alert threshold for nitrogen dioxide or sulphur dioxide is exceeded; and

(b) the information set out in Part 2 of Schedule 11—

(i) when the alert threshold or information threshold for ozone is exceeded; and

(ii) in so far as practicable, when either threshold is predicted to be exceeded.

(2) In cases where the Secretary of State makes information available under both sub-paragraphs (a) and (b) of paragraph (1), he shall combine the information in a comprehensive format.

(3) Without prejudice to the generality of the obligation imposed by this regulation, in cases where the alert threshold for ozone is exceeded or is predicted to be exceeded, the Secretary of State shall ensure that timely information is provided to health-care bodies.

Information on breach of air quality standards

25.—(1) The Secretary of State shall provide the information required by paragraphs (2) to (5) in respect of each of the pollutants to which those paragraphs relate.

(2) For Group A pollutants, the Secretary of State shall indicate the extent to which the following have been exceeded—

(a) any limit value, over the relevant averaging period set out in Part 1 of Schedule 1; or

(b) the alert thresholds for nitrogen dioxide or sulphur dioxide,

and provide a short assessment of these occurrences and their effects on health.

(3) For Group B pollutants, the Secretary of State shall—

(a) indicate any occasion during which any target value has been exceeded; and

(b) in relation to each occurrence, provide at least the following information—

(i) the areas within each zone in which the target value was exceeded;

(ii) the reasons for the occurrence and the predominant sources of emissions identified in accordance with regulation 9(2)(a);

(iii) a short assessment of the effect of the occurrence on overall compliance with the target value in the zone concerned;

(iv) details of the measures being directed at any identified sources of emissions in accordance with regulation 9(2)(b); and

(v) the prospects for attainment of the target value in the zone affected.

(4) For ozone, the Secretary of State shall—

(a) indicate any occasion during which concentrations have exceeded—

(i) the long-term objectives for the protection of human health;

(ii) the information threshold; or

(iii) the alert threshold;

and

(b) provide a short assessment of each occurrence, including its extent and its effects on health.

(5) The Secretary of State shall update the information referred to in paragraphs (2) and (4) in accordance with the timescales specified for the pollutants in question by regulation 23(2) and (3).

Ozone annual report

26.—(1) The Secretary of State shall produce an annual report in relation to ozone containing the following information—

(a) for human health, an indication of all occasions during which—

(i) the target value;

(ii) long-term objective; or

(iii) alert threshold,

has been exceeded;

(b) for vegetation, an indication of all occasions during which—

(i) the target value; or

(ii) long-term objective,

has been exceeded; and

(c) in relation to both sub-paragraphs (a) and (b), a short assessment of the effects of each such occurrence.

(2) The information referred to in paragraph (1)(b) may include, where appropriate—

(a) further information and assessments on forest protection, obtained and collated in accordance with Part 1 of Schedule 12; and

(b) information on ozone precursor substances.

Information on action and improvement plans

27.—(1) The Secretary of State shall—

(a) make available; and

(b) provide information on the implementation of,

each action plan and improvement plan.

(2) Where regulation 11(4) applies, the Secretary of State shall make available the results of the investigations undertaken in the context of his considerations under that regulation, irrespective of whether he has prepared an action plan under regulation 11(1)(a).

Public participation in improvement plans

28.—(1) The Secretary of State shall consult the public where he proposes to prepare, modify or review an improvement plan.

(2) Where paragraph (1) applies, the Secretary of State shall—

(a) inform the public as to his proposal, any relevant background information and the right of the public to participate in the relevant decision making process;

(b) specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation; and

(c) take account of the results of the consultation in making the relevant decision.

(3) Where, following a consultation, the Secretary of State takes a decision in relation to his proposal, he shall inform the public and provide information as to the reasons and considerations on which his decision is based as well as information as to the public participation process.

PART 5 Final and miscellaneous provisions

Transboundary pollution

29.—(1) For the purpose of this regulation, a transboundary pollution issue arises when—

(a) concentrations of any Group A pollutant within any part of the United Kingdom exceed, or are likely to exceed—

(i) except where sub-paragraph (ii) applies, a limit value;

(ii) in the case of benzene or nitrogen dioxide before 1st January 2010, a limit value plus the relevant margin of tolerance; or

(iii) in the case of nitrogen dioxide or sulphur dioxide, the alert threshold,

as a result of significant pollution in another member State;

(b) concentrations of ozone in any part of the United Kingdom exceed—

(i) a target value; or

(ii) a long-term objective,

and a significant part of the cause of this is the emission of ozone precursor substances in another member State; or

(c) concentrations of ozone in another member State exceed—

(i) a target value; or

(ii) a long-term objective,

and a significant part of the cause of this is the emission of ozone precursor substances in the United Kingdom.

(2) It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland as applicable.

(3) When the Secretary of State——

(a) considers that a transboundary pollution issue has arisen affecting England;

(b) receives notification from the relevant administration under paragraph (2); or

(c) is notified by any other member State that—

(i) concentrations of any Group A pollutant within that member State exceed, or are likely to exceed, the levels specified in paragraph (1)(a) as a result of significant pollution in the United Kingdom; or

(ii) paragraph (1)(c) applies in relation to that member State,

he shall consult any member State directly concerned on any remedial action.

(4) In the case of a transboundary pollution issue to which paragraph (1)(b) or (c) applies, where the Secretary of State considers that attaining the relevant target value or long-term objective in the United Kingdom or the member State concerned, as the case may be, is reasonably achievable through proportionate measures, he shall take the action prescribed in paragraph (5).

(5) Where paragraph (4) applies, the Secretary of State shall, in consultation with any relevant administration concerned, co-operate with the member State concerned in preparing joint plans and programmes with the objective of attaining the target value or long-term objective in the United Kingdom or the other member State as the case may be.

(6) Where paragraph (4) applies, the Secretary of State shall—

(a) ensure that any action plans prepared under regulation 11(1)(a) in relation to ozone cover the relevant neighbouring areas affected in both—

(i) Scotland, Wales and Northern Ireland; and

(ii) the member State concerned,

as the case may be; and

(b) take such steps as he considers appropriate to ensure that any action plans drawn up by a relevant administration under article 7 of the Directive referred to at regulation 2(2)(d) cover such neighbouring areas.

(7) Where paragraphs (5) or (6) apply, the Secretary of State shall ensure that—

(a) in so far as possible, the joint plans and programmes required by paragraph (5) include the information specified in Schedule 2 for improvement plans; and

(b) any other member State concerned is provided with the information which is required to be made available in relation to action and improvement plans in accordance with the Directives referred to in regulation 2(2)(a) to (d).

(8) The Secretary of State shall ensure that where concentrations of ozone exceed—

(a) the information threshold; or

(b) the alert threshold,

in any zone close to the border with another member State, full information of this occurrence is provided promptly to the competent authorities of the other member State concerned, in order to facilitate the provision of information to the public in that member State.

(9) In discharging his obligations under this regulation, the Secretary of State shall, where appropriate, seek to co-operate with any other countries concerned, not being member States.

(10) In any case which appears to him to affect Wales, Scotland or Northern Ireland, the Secretary of State shall—

(a) inform the relevant administration of any notification made under paragraph (3)(c); and

(b) consult the relevant administration about any action which he proposes to take.

(11) In this regulation, “relevant administration” means—

(a) the National Assembly for Wales for matters affecting Wales;

(b) the Scottish Ministers for matters affecting Scotland; and

(c) the Department of the Environment for matters affecting Northern Ireland.

Power to give directions

30.—(1) This regulation applies for the purposes of the implementation of any obligations of the United Kingdom under the Directives referred to at regulation 2(2)(a), (b) and (c).

(2) Where paragraph (1) applies, the Secretary of State shall have the same power to give directions under these Regulations to—

(a) local authorities in Greater London; and

(b) the Mayor of London,

as the Secretary of State has under section 85(5)(a) of the Environment Act 1995(12) in relation to local authorities outside Greater London.

(3) The provisions of subsections (6) and (7) of section 85 of the Environment Act 1995 shall apply to directions given under this regulation as they apply to directions given under section 85(5)(a), and, in the case of paragraph (2)(b) of this regulation, as if the Mayor of London were a local authority.

Collation of information etc

31.—(1) The Secretary of State shall ensure that the information specified in Part 1 of Schedule 12 is obtained and collated.

(2) The criteria for aggregating data and calculating statistical parameters specified in Part 2 of Schedule 12 shall apply in the case of ozone.

Revocations

32.—(1) The following Regulations are revoked—

(a) The Air Quality Limit Values Regulations 2003(13); and

(b) The Air Quality Limit Values (Amendment) (England) Regulations 2004(14).

(2) Regulation 6 of the Air Quality Standards Regulations 1989(15) is revoked from, and including, 1st January 2010.

Ben Bradshaw

Minister of State

Department for Environment, Food and Rural Affairs

15th January 2007