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The National Emission Ceilings Regulations 2018

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PART 1Introductory

Citation and commencement

1.  These Regulations may be cited as the National Emission Ceilings Regulations 2018 and come into force on 1st July 2018.

Interpretation

2.—(1) In these Regulations—

“anthropogenic emissions” means atmospheric emissions of pollutants associated with human activities with the exception of—

(a)

emissions from international maritime traffic;

(b)

aircraft emissions beyond the landing and take-off cycle;

(c)

emissions of NOx and NMVOC from activities falling under categories 3B (manure management) and 3D (agricultural soils) in NFR 2014;

“black carbon” or “BC” means carbonaceous particulate matter that absorbs light;

“Cd” means cadmium;

“the Directive” means Directive 2016/2284/EU of the European Parliament and the Council on the reduction of national emissions of certain atmospheric pollutants(1);

“EMEP” means the European Monitoring and Evaluation Programme, established under the Convention;

“EMEP/EEA Guidebook” means the EMEP and EEA air pollution inventory guidebook dated 30th September 2016(2);

“EMEP Reporting Guidelines” means the EMEP guidelines for reporting emissions and projections data under the Convention dated 13th March 2014(3);

“emission” means the release of a substance from a point or diffuse source into the atmosphere;

“fine particulate matter” or “PM2.5” means particles with an aerodynamic diameter equal to or less than 2.5 micrometres;

“HCB” means hexachlorobenzene;

“Hg” means mercury;

“national air pollution control programme” means the programme prepared, reviewed or revised in accordance with regulation 9;

“national emission ceiling” means the level to be met in accordance with regulation 5(1) in respect of a specified pollutant for a particular calendar year;

“national emission reduction commitment” means the emission reduction level for a relevant pollutant to be achieved in accordance with regulation 6(2) or (3) in a particular calendar year;

“NFR 2014” means the Nomenclature for Reporting 2014 adopted by EMEP(4);

“nitrogen oxides” or “NOx means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;

“non-methane volatile organic compound” or “NMVOC” means all organic compounds (other than methane) arising from human activities which are capable of producing photochemical oxidants by reactions with nitrogen in the presence of sunlight;

“PAHs” means polycyclic aromatic hydrocarbons;

“Pb” means lead;

“PCBs” means polychlorinated biphenyls;

“relevant pollutant” means ammonia, nitrogen oxides, non-methane volatile organic compounds, fine particulate matter or sulphur dioxide;

“source-based air pollution control legislation” means legislation of which one purpose is to reduce the emissions of a relevant pollutant at the source of those emissions;

“sulphur dioxide” or “SO2” means all sulphur compounds expressed as sulphur dioxide, including sulphur trioxide, sulphuric acid, and reduced sulphur compounds such as hydrogen sulphide, mercaptans and dimethyl sulphides.

(2) In these Regulations—

(a)references to the “United Kingdom” include—

(i)the area adjacent to the United Kingdom up to the seaward limits of the territorial waters;

(ii)any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(5);

(iii)the areas specified in article 2 of the Exclusive Economic Zone Order 2013(6);

(iv)the areas specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014(7) as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part 12 of the United Nations Convention on the Law of the Sea(8) for the protection and preservation of the marine environment;

(b)references to “the public” include any organisation or body representing or having an interest in the environment, health, business or consumers.

(3) In paragraph (1)—

“the Convention” means the 1979 UNECE Convention on Long-Range Transboundary Air Pollution(9), including its protocols, annexes and appendices;

“EEA” means the European Environment Agency;

“international maritime traffic” means journeys at sea and in coastal waters by water-borne vessels of all flags, except fishing vessels, that depart from the territory of one country and arrive in the territory of another country;

“landing and take-off cycle” means the cycle that includes taxi in and out, take-off, climb out, approach, landing and all other aircraft activities that take place below the altitude of 3,000 feet.

PART 2National emissions inventory and projections

Emissions inventory and projections

3.—(1) The Secretary of State must—

(a)by 15th February each year prepare an inventory of emissions occurring within the United Kingdom of the pollutants specified in Table 1 of Schedule 1, for the calendar year before the previous calendar year;

(b)by 15th March 2019 and every two years after that date prepare and update a projection of emissions occurring within the United Kingdom of the pollutants set out in Table 2 of Schedule 1, for the years specified in column 3 of that table that have not yet passed.

(2) The inventories and projections referred to in paragraph (1) must be prepared or updated—

(a)in accordance with Parts 1 and 2 of Annex 4 to the Directive;

(b)without prejudice to sub-paragraph (a), in accordance with—

(i)the methodologies in the EMEP Reporting Guidelines;

(ii)the EMEP/EEA Guidebook.

(3) The Secretary of State must take appropriate steps to ensure that the inventories and projections referred to in this regulation are made available to the public.

Adjusted inventory of emissions

4.—(1) Where the Secretary of State has prepared an inventory of emissions in accordance with regulation 3(1)(a) that shows an exceedance of a national emission ceiling or a national emission reduction commitment, the Secretary of State may prepare an adjusted inventory of emissions if—

(a)the exceedance is the result of applying improved inventory methods, or

(b)as regards an inventory for the calendar year 2025 or any subsequent year, the exceedance—

(i)is the result of applying significantly different emission factors or methodologies used for determining emissions from specific source categories compared with those which were expected as a result of the implementation of a norm or standard in source-based air pollution control legislation, and

(ii)does not arise from the way in which such legislation has been implemented or enforced in the United Kingdom.

(2) Where an adjusted inventory of emissions is prepared in accordance with this regulation, it replaces, for the purpose of Part 3 and 4, the inventory prepared under regulation 3, and references to an inventory in those Parts are to be read as references to the adjusted inventory of emissions.

(3) The Secretary of State must take appropriate steps to ensure an adjusted inventory of emissions is made available to the public and must publish alongside it the information set out in Schedule 2.

(4) In paragraph (1)(a), “improved inventory methods” means methods for preparing an inventory that have been updated in line with the EMEP Reporting Guidelines and EMEP/EEA Guidebook after 4th May 2012.

PART 3National emission ceilings, reduction commitments and derogations

National emission ceilings up to 2019

5.—(1) The Secretary of State must ensure that, in 2010 and in each subsequent year up to and including 2019, the total anthropogenic emissions occurring within the United Kingdom for each of the pollutants specified in Table 1 of Schedule 3 do not exceed the amount specified in that Table for that pollutant.

(2) The achievement of the objectives in paragraph (1) is to be assessed by reference to the relevant inventory for emissions prepared under Part 2.

National emission reduction commitments from 2020

6.—(1) Paragraphs (2) to (4) apply, subject to regulation 8.

(2) The Secretary of State must ensure that, in 2020 and in each subsequent year up to and including 2029, the total anthropogenic emissions occurring within the United Kingdom of each relevant pollutant do not exceed the percentage of base year emissions specified for that pollutant in Table 2 of Schedule 3.

(3) The Secretary of State must ensure that, in 2030 and in each subsequent year, the total anthropogenic emissions occurring within the United Kingdom of each relevant pollutant do not exceed the percentage of base year emissions specified for that pollutant in Table 3 of Schedule 3.

(4) The achievement of the objectives in paragraph (2) or (3) is to be assessed by reference to the relevant inventory of emissions prepared in accordance with Part 2.

(5) In this regulation, “base year emissions” means the total anthropogenic emissions for 2005 as published in the UK National Atmospheric Emissions Inventory(10).

Trajectory of national emission reduction commitments

7.—(1) Subject to paragraph (2), the Secretary of State must ensure that in 2025 that the total anthropogenic emissions of each of the relevant pollutants occurring within the United Kingdom do not exceed the linear reduction trajectory.

(2) Total anthropogenic emissions of a relevant pollutant may not follow the linear reduction trajectory if the Secretary of State determines it is necessary to do so because it is—

(a)economically more efficient, or

(b)technically more efficient.

(3) Where total anthropogenic emissions of a relevant pollutant do not follow the linear reduction trajectory in accordance with paragraph (2), the Secretary of State must ensure that, in 2025 and each subsequent year up to and including 2029, those emissions reduce each year.

(4) In paragraph (1), “linear reduction trajectory” means the straight linear trajectory between the national emission reduction commitments to be met in 2020 and 2030.

National emission reduction commitment derogations

8.—(1) Where an inventory of emissions is prepared in accordance with Part 2 that shows the total anthropogenic emissions of a relevant pollutant were above the national emission reduction commitment for that pollutant in a particular year, the Secretary of State may apply a derogation under paragraph (2), (3), or (4).

(2) The Secretary of State is deemed to have complied with the relevant national emission reduction commitment in the year in which the exceedance occurs if the following conditions are met—

(a)there was an exceptionally cold winter or an exceptionally dry summer in the year that the exceedance occurs;

(b)the average of the total anthropogenic emissions of the relevant pollutant occurring within the United Kingdom for that year, the preceding year and the following year is lower than or equal to the national emission reduction commitment which would otherwise apply to those years.

(3) The Secretary of State is deemed to have complied with the relevant national emission reduction commitment for a maximum of five years, including the year in which the exceedance occurs, if the following conditions are met—

(a)the national emission reduction commitment that has been exceeded is set at a level that is more stringent than the cost-effective level identified for the United Kingdom in TSAP 16,

(b)all cost effective measures have already been implemented in respect of the pollutant for which the national emission reduction commitment has been exceeded,

(c)in each of the five years in question, the national emission reduction commitment for at least one other relevant pollutant has been met, and

(d)in each year for which the derogation is claimed, the amount by which emissions exceed the relevant national emission reduction commitment is less than or equal to the amount by which emissions for another relevant pollutant are below the applicable national emission reduction commitment, applying the conversion methodology.

(4) The Secretary of State is deemed to have complied with the relevant national emission reduction commitment for a maximum of three years, including the year in which the exceedance occurs, if the following conditions are met—

(a)there is a sudden and exceptional interruption or loss of capacity in the national power or heat supply system in the first of the three years in question,

(b)the Secretary of State publishes at the same time as the relevant inventory of emissions information demonstrating that—

(i)all reasonable efforts, including the implementation of new measures and policies, have been made to ensure compliance with the national emission reduction commitment, and

(ii)the implementation of measures and policies additional to those referred to in paragraph (i) would—

(aa)lead to disproportionate costs,

(bb)substantially jeopardise national energy security, or

(cc)pose a substantial risk of energy poverty to a significant part of the population.

(5) In paragraph (3)—

“conversion methodology” means the method described in the report TSAP 15, “A Flexibility Mechanism for Complying with Nation Emission Ceilings for Air Pollutants”, published in September 2014 by the International Institute for Applied Systems Analysis in support of the European Commission’s Thematic Strategy on Air Pollution, which sets out a relevant pollutant specific exchange rate and calculation for the purposes of applying the derogation in paragraph (3)(11);

“TSAP 16” means the reports, “Adjusted historic emission data, projections, and optimized emission reduction targets for 2030 – A comparison with COM data 2013”, published in January 2015 by the International Institute for Applied Systems Analysis in support of the European Commission’s Thematic Strategy on Air Pollution, which aims to set out cost effective emission reduction potential for each of the relevant pollutants(12).

PART 4National air pollution control programme

National air pollution control programme

9.—(1) The Secretary of State must prepare and implement a national air pollution control programme in order to limit anthropogenic emissions in accordance with the national emission reduction commitments.

(2) The Secretary of State must publish the initial national air pollution control programme by 1st April 2019, including at least the information set out in Part 1 of Annex 3 to the Directive.

(3) When preparing, reviewing or implementing the national air pollution control programme the Secretary of State must—

(a)assess to what extent national emission sources are likely to have an impact on air quality in the United Kingdom;

(b)take account of the need to reduce air pollutant emissions for the purpose of meeting air quality objectives;

(c)prioritise emission reduction measures for black carbon when taking measures to achieve the national reduction commitments for fine particulate matter;

(d)ensure the programme is coherent with other plans or programmes established under source-based air pollution control legislation;

(e)include the emission reduction measures that are obligatory in Part 2 of Annex 3 to the Directive.

(4) Subject to paragraph (5), the Secretary of State may review the national air pollution control programme from time to time and revise it as considered appropriate, but must review it at least once every four years from 1st April 2019.

(5) The Secretary of State must review the national air pollution control programme within 18 months of the date on which either of the following is prepared—

(a)an inventory of emissions, prepared in accordance with regulation 3(1) or 4(1) as the case may be, that shows total anthropogenic emissions of a relevant pollutant occurring within the United Kingdom exceed a national emission reduction commitment;

(b)a projection of emissions, prepared in accordance with regulation 3(2), that shows total anthropogenic emissions of a relevant pollutant occurring within the United Kingdom are at risk of exceeding a national emission reduction commitment.

(6) Public authorities must have regard to the national air pollution control programme when exercising any functions which significantly affect the level of emissions of a relevant pollutant within the United Kingdom.

(7) In this regulation, “public authority” has the same meaning as in section 3 of the Freedom of Information Act 2000(13).

Participation in the drawing up of the national air pollution control programme

10.—(1) Before preparing or significantly revising the national air pollution control programme, the Secretary of State must consult the public.

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

(a)inform the public of the proposed programme and the right of the public to participate in the preparation of the programme;

(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;

(c)take account of the results of the consultation in preparing the programme.

(3) Where the Secretary of State considers that it is necessary to consult a country outside of the United Kingdom in respect of the national air pollution control programme due to the potential for transboundary pollution, the Secretary of State must, before finalising the programme—

(a)consult any relevant administration in that country;

(b)consider the extent to which anthropogenic emissions from the United Kingdom are likely to have an impact on air quality in that country.

PART 5Monitoring of impacts

Monitoring air pollution impacts

11.—(1) The Secretary of State must, taking a cost-effective and risk-based approach, monitor the negative impacts of air pollution at sites representative of the following habitats and ecosystems—

(a)freshwater;

(b)natural and semi-natural;

(c)forest.

(2) The Secretary of State must identify sites to be monitored for the purpose of paragraph (1) by 1st July 2018 and review the suitability of those sites at least once in every four years from that date.

PART 6Additional information and reports

Disaggregated inventories and informative inventory reports

12.—(1) The Secretary of State must—

(a)by 1st May 2021 and once every four years from that date prepare or update a spatially disaggregated inventory of emissions occurring in the United Kingdom and an inventory of large point sources for the pollutants specified in Table 1 of Schedule 4, for the calendar year before the previous year;

(b)by 15th March every year prepare or update an informative inventory report for the pollutants specified in Table 2 of Schedule 4, for the calendar year before the previous calendar year.

(2) The inventory and report referred to in paragraph (1) must be prepared or updated—

(a)in accordance with the methodologies in the EMEP Reporting Guidelines and EMEP/EEA Guidebook;

(b)in accordance with Parts 1 and 3 of Annex 4 to the Directive.

(3) The Secretary of State must take appropriate steps to ensure that the inventory and report referred to in paragraph (1) are made available to the public.

Revocation

13.  The National Emission Ceilings Regulations 2002(14) are revoked.

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

31st January 2018

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