The Air Quality Standards Regulations 2007

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(1) 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(2); and

(b) The Air Quality Limit Values (Amendment) (England) Regulations 2004(3).

(2) Regulation 6 of the Air Quality Standards Regulations 1989(4) is revoked from, and including, 1st January 2010.

(1)

1995 c.25; section 85 was amended by section 367 of the Greater London Authority Act 1999 (c.29) and by S.I. 2001/3719.

(2)

S.I. 2003/2121 amended by S.I. 2004/2888.

(3)

S.I. 2004/2888.

(4)

S.I. 1989/317 amended by S.I. 1995/3146 in relation to regulation 6.