The Air Quality Standards (Wales) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the following Directives—

(i) Directive 2008/50/EC on ambient air quality and cleaner air for Europe. (This Directive replaces Council Directive 96/62/EC on ambient air quality assessment and management, 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, Council Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air, and Council Directive 2002/3/EC relating to ozone in ambient air); and

(ii) Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air.

These Regulations replace the Air Quality Standards (Wales) Regulations 2007 (S.I. 2007/717 (W.63)), which are revoked by these Regulations.

These Regulations apply in relation to Wales.

Part 1 of the Regulations deals with definitions and designates the Welsh Ministers as the competent authority for the purposes of Directive 2008/50/EC (other than for the purpose of cooperation with other Member States and the European Commission) and for the purposes of Directive 2004/107/EC. It also requires the Welsh Ministers to divide Wales into zones and agglomerations for the purposes of these Regulations.

Part 2 of the Regulations deals with the assessment of ambient air quality. Chapter 1 relates to the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide, Chapter 2 relates to the assessment of ozone, and Chapter 3 relates to the assessment of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons.

Part 3 of the Regulations sets out the duties of the Welsh Ministers in relation to the limit values, target values, long-term objectives, information and alert thresholds and critical levels for the above pollutants which are set out in Schedules 1 to 5.

Part 4 of the Regulations sets out the Welsh Ministers' additional duties in relation to the type of particulate matter known as PM_2·5. These duties relate to the attainment of the national exposure reduction target for PM_2·5 in the United Kingdom and compliance with the limit on the average exposure indicator for 2015.

Part 5 of the Regulations imposes certain requirements on the Welsh Ministers to draw up air quality plans in relation to limit values and target values and short-term action plans in relation to alert thresholds. Short-term action plans may also be drawn up in relation to limit values and target values in certain circumstances.

Part 6 of the Regulations relates to public information.

Schedules 1 to 5 set out limit values, target values, long-term objectives, information and alert thresholds and critical levels for the pollutants to which these Regulations apply.

Schedule 6 sets out the information to be included in air quality plans.

Schedule 7 sets out the public information to be provided where information thresholds are exceeded or are predicted to be exceeded.

References in these Regulations to Annexes I to VI and VIII to X and Section B of Annex XV to Directive 2008/50/EC and to Section II of Annex II and Annexes III to V to Directive 2004/107/EC are to be read as references to those Annexes and those Sections as amended from time to time.

A full impact assessment of the effect that this instrument and corresponding instruments in other parts of the United Kingdom will have on the costs of business and the voluntary sector is available from the Atmosphere and Local Environment Programme, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 3JR.