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Changes and effects yet to be applied to :

Sch. 1 Pt. 5 Pt. 6 added by S.R. 2002/357 reg. 3(5)
Sch. 2 Pt. 1 para. (e)(f) added by S.R. 2002/357 reg. 3(6)
Sch. 3 heading substituted by S.R. 2002/357 reg. 3(7)(a)
Sch. 3 Pt. 2 words added by S.R. 2002/357 reg. 3(7)(b)(i)
Sch. 3 Pt. 2 words substituted by S.R. 2002/357 reg. 3(7)(b)(ii)
Sch. 4 Pt. 1 words added by S.R. 2002/357 reg. 3(8)
Sch. 5 Pt. 1 words added by S.R. 2002/357 reg. 3(9)
Sch. 6 Pt. 5 6 added by S.R. 2002/357 reg. 3(10)(b)
Sch. 6 heading words substituted by S.R. 2002/357 reg. 3(10)(a)
reg. 2(1) words substituted by S.R. 2002/357 reg. 3(2)
reg. 7(6)(b) word omitted by S.R. 2002/357 reg. 3(3)(a)(i)
reg. 7(6)(c) semi-colon added by S.R. 2002/357 reg. 3(3)(a)(ii)
reg. 7(6)(d)(e) inserted by S.R. 2002/357 reg. 3(3)(a)(iii)
reg. 7(9) words substituted by S.R. 2002/357 reg. 3(3)(b)
reg. 11(3A)(3B) inserted by S.R. 2002/357 reg. 3(4)

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

Sch. 1 Pt. 5 Pt. 6 added by S.R. 2002/357 reg. 3(5)
Sch. 6 Pt. 5 6 added by S.R. 2002/357 reg. 3(10)(b)
reg. 7(6)(d)(e) inserted by S.R. 2002/357 reg. 3(3)(a)(iii)
reg. 11(3A)(3B) inserted by S.R. 2002/357 reg. 3(4)

Statutory Rules of Northern Ireland

2002 No. 94

ENVIRONMENTAL PROTECTION

The Air Quality Limit Values Regulations (Northern Ireland) 2002

Made

8th March 2002

Coming into operation

1st May 2002

The Department of the Environment, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the control of pollution in ambient air, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencementN.I.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Regulations revoked (except regs. 5(1), 6, 7) (28.5.2007) by The Air Quality Standards Regulations (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/265), regs. 1(1), 30(1)(a) (with reg. 30(1)(a))

Definitions and interpretationN.I.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Duty to ensure that ambient air quality is improvedN.I.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assessment of ambient air qualityN.I.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Classification of zonesN.I.

5.—(1) The Department shall classify each zone in relation to each of the relevant pollutants according to whether ambient air quality in that zone for that pollutant is required to be assessed by—

(a)measurements;

(b)a combination of measurements and modelling techniques; or

(c)by the sole use of modelling or objective estimation techniques.

F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 5 in operation at 1.5.2002, see reg. 1

Review of classificationsN.I.

6.—(1) The Department shall review the classification of each zone under regulation 5 at least once in every five years in accordance with Part II of Schedule 2.

(2) The Department shall also review the classification of any zone under regulation 5 in the event of significant changes in activities affecting ambient concentrations in the zone of any of the relevant pollutants.

Commencement Information

I2Reg. 6 in operation at 1.5.2002, see reg. 1

Method of assessment of ambient air qualityN.I.

7.—(1) The Department shall ensure that ambient air quality is assessed in each zone by following the specified method for each relevant pollutant in accordance with its current classification.

(2) Where a zone is classified under regulation 5(1)(a) or (b) in relation to a relevant pollutant—

(a)measurements of that pollutant must be taken at fixed sites either continuously or by random sampling; and

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

(3) Schedule 3 shall have effect for the purposes of determining the location of sampling points for the relevant pollutants.

(4) For each zone classified under regulation 5(1)(a) the Department shall ensure that, in respect of a relevant pollutant, the minimum number of sampling points for fixed measurement of concentrations determined in accordance with Schedule 4 is used for sampling the concentrations of that pollutant in that zone.

(5) For each zone classified under regulation 5(1)(b) the Department shall ensure that, in respect of a relevant pollutant, the number of sampling points for fixed measurement of that pollutant in that zone, and the spatial resolution of other techniques, shall be sufficient for the concentrations of that pollutant to be established in accordance with Part I of Schedule 3 and Part I of Schedule 5.

(6) Reference methods for—

(a)the analysis of sulphur dioxide, nitrogen dioxide and oxides of nitrogen;

(b)the sampling and analysis of lead; and

(c)the sampling and measurement of PM₁₀

are set out in Schedule 6 and these methods must be used unless other methods are used which the Department considers can be demonstrated to give equivalent results [F2or, in relation to the sampling and measurement of PM₁₀, which the Department considers can be demonstrated to display a consistent relationship to the reference method.] .

(7) The Department shall ensure that—

(a)measuring stations to supply representative data on concentrations of PM_2.5 are installed and operated using the method for the sampling and measurement of PM_2.5 that it considers suitable; and

(b)sampling points for PM_2.5 are, where possible, co-located with sampling points for PM₁₀.

(8) For zones which are classified under regulation 5(1)(b) or (c), the Department shall ensure that the information set out in Part II of Schedule 5 is compiled.

(9) For sulphur dioxide, nitrogen dioxide and oxides of nitrogen the volume must be standardised at a temperature of 293°K and a pressure of 101,3 kPa.

Textual Amendments

F2Words in reg. 7(6) inserted (7.1.2005) by The Air Quality Limit Values (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/514), regs. 1(1), 4

Commencement Information

I3Reg. 7 in operation at 1.5.2002, see reg. 1

Action plansN.I.

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Action to be taken where limit values are exceededN.I.

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Zones where the levels are lower than the limit valueN.I.

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Public informationN.I.

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Revocation of Air Quality Standards Regulations (NI) 1990N.I.

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sealed with the Official Seal of the Department of the Environment on 8th March 2002.

L.S.

Dermot Nesbitt

Minister of the Environment

Regulations 3(1), 8(2), 9(1) and (3), 11(4) and (5)

F1SCHEDULE 1N.I.Limit Values, Margins of Tolerance etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 5(5) and 6(1)

SCHEDULE 2N.I.Upper and Lower Assessment Thresholds and Exceedances.

PART IN.I.UPPER AND LOWER ASSESSMENT THRESHOLDS

Commencement Information

I4Sch. 2 Pt. I in operation at 1.5.2002, see reg. 1

The following upper and lower assessment thresholds will apply:

(a)SULPHUR DIOXIDE

	Health protection	Ecosystem protection
Upper assessment threshold	60% of 24-hour limit value (75 μg/m³) not to be exceeded more than 3 times in any calendar year	60% of winter limit value (12 μg/m³)
Lower assessment threshold	40% of 24-hour limit value (50 μg/m³) not to be exceeded more than 3 times in any calendar year	40% of winter limit value (8 μg/m³)

(b)NITROGEN DIOXIDE AND OXIDES OF NITROGEN

	Hourly limit value for the protection of human health (NO₂)	Annual limit value for the protection of human health (NO₂)	Annual limit value for the protection of vegetation (NO_x)
Upper assessment threshold	70% of limit value (140 μg/m³) not to be exceeded more than 18 times in any calendar year	80% of limit value (32 μg/m³)	80% of limit value (24 μg/m³)
Lower assessment threshold	50% of limit value (100 μg/m³) not to be exceeded more than 18 times in any calendar year	65% of limit value (26 μg/m³)	65% of limit value (19.5 μg/m³)

(c)PARTICULATE MATTER(3)

	24-hour average	Annual average
Upper assessment threshold	60% of limit value (30 μg/m³) not to be exceeded more than 7 times in any calendar year	70% of limit value (14 μg/m³)
Lower assessment threshold	40% of limit value (20 μg/m³) not to be exceeded more than 7 times in any calendar year	50% of limit value (10 μg/m³)

	Averaging Period	Limit Value	Margin of tolerance	Date by which limit value is to be met
1. 24-hour limit value for the protection of human health	24 hours	50mg/m³ PM₁₀ not to be exceeded more than 7 times a calendar year	To be derived from data and to be equivalent to Stage 1 limit value.	1st January 2010
2. Annual limit value for the protection of human health	Calendar year	20 mg/m³ PM₁₀	50% on 1st January 2005 reducing every 12 months thereafter by equal annual percentages to reach 0% by 1st January 2010	1st January 2010

(d)LEAD

	Annual average
Upper assessment threshold	70% of limit value (0.35 μg/m³)
Lower assessment threshold	50% of limit value (0.25 μg/m³)

PART IIN.I.DETERMINATION OF EXCEEDANCES OF UPPER AND LOWER AND LOWER ASSESSMENT THRESHOLDS

Commencement Information

I5Sch. 2 Pt. II in operation at 1.5.2002, see reg. 1

Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.

Where fewer than five years' data are available, measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels may be combined with results obtained from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

Regulation 7(3) and (5)

SCHEDULE 3N.I.Location of Sampling Points for the Measurement of Sulphur Dioxide, Nitrogen Dioxide and Oxides of Nitrogen, Particulate Matter and Lead in Ambient Air.

The following considerations will apply to fixed measurement.

PART IN.I.MACROSCALE SITING

Commencement Information

I6Sch. 3 Pt. I in operation at 1.5.2002, see reg. 1

Protection of human health

(a)Sampling points directed at the protection of human health should be sited:

(i)to provide data on the areas within zones and agglomerations where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s);

(ii)to provide data on levels in other areas within the zones and agglomerations which are representative of the exposure of the general population.

Sampling points should in general be sited to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be sited to be representative of air quality in a surrounding area of no less than 200 m² at traffic-orientated sites and of several square kilometres at urban-background sites.

Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity.

Account should be taken of the need to locate sampling points on islands, where that is necessary for the protection of human health.

Protection of ecosystems and vegetation

(b)Sampling points targeted at the protection of ecosystems or vegetation should be sited more than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or motorways. As a guideline, a sampling point should be sited to be representative of air quality in a surrounding area of at least 1,000 km². A sampling point may be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions.

Account should be taken of the need to assess air quality on islands.

PART IIN.I.MICROSCALE SITING

Commencement Information

I7Sch. 3 Pt. II in operation at 1.5.2002, see reg. 1

The following guidelines should be met as far as practicable:

the flow around the inlet sampling probe should be unrestricted without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees, and other obstacles and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line);
in general, the inlet sampling point should be between 1.5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area;
the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air;
the sampler’s exhaust outlet should be positioned so that recirculation of exhaust air to the sampler inlet is avoided;
- location of traffic-oriented samplers:
- for all pollutants, such sampling points should be at least 25 m from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane,
- for nitrogen dioxide, inlets should be no more than 5 m from the kerbside,
- for particulate matter and lead, inlets should be sited so as to be representative of air quality near to the building line.

The following factors may also be taken into account:

interfering sources;
security;
access;
availability of electrical power and telephone communications;
visibility of the site in relation to its surroundings;
safety of public and operators;
the desirability of co-locating sampling points for different pollutants;
planning requirements.

PART IIIN.I.DOCUMENTATION AND REVIEW OF SITE SELECTION

Commencement Information

I8Sch. 3 Pt. III in operation at 1.5.2002, see reg. 1

The site-selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.

Regulation 7(4)

SCHEDULE 4N.I.Criteria for Determining Minimum Numbers of Sampling Points for Fixed Measurement of Concentrations of Relevant Pollutants in Ambient Air.

PART IN.I.MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT TO ASSESS COMPLIANCE WITH LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH AND ALERT THRESHOLDS IN ZONES AND AGGLOMERATIONS WHERE FIXED MEASUREMENT IS THE SOLE SOURCE OF INFORMATION

Commencement Information

I9Sch. 4 Pt. I in operation at 1.5.2002, see reg. 1

Diffuse sources

Population of agglomeration or zone (thousands)	If concentrations exceed the upper assessment threshold	If maximum concentrations are between the upper and lower assessment thresholds	For SO₂ and NO₂ in agglomerations where maximum concentrations are below the lower assessment thresholds
0–250	1	1	not applicable
250–499	2	1	1
500–749	2	1	1
750–999	3	1	1
1 000–1 499	4	2	1
1 500–1 999	5	2	1
2 000–2 749	6	3	2
2 750–3 749	7	3	2
3 750–4 749	8	4	2
4 750–5 999	9	4	2
> 6 000	10	5	3
For NO₂ and particulate matter: to include at least one urban-background station and one traffic-orientated station

Point sources

(b)For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.

PART IIN.I.MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS TO ASSESS COMPLIANCE WITH LIMIT VALUES FOR THE PROTECTION OF ECOSYSTEMS OR VEGETATION IN ZONES OTHER THAN AGGLOMERATIONS

Commencement Information

I10Sch. 4 Pt. II in operation at 1.5.2002, see reg. 1

If maximum concentrations exceed the upper assessment threshold	If maximum concentrations are between the upper and lower assessment thresholds
In island zones the number of sampling points for fixed measurement should be calculated taking into account the likely distribution patterns of ambient air pollution and the potential exposure of ecosystems or vegetation.
1 station every 20 000 km²	1 station every 40 000 km²

Regulation 7(5) and (8)

SCHEDULE 5N.I.Data-quality Objectives and Compilation of Results of Air-quality Assessment.

PART IN.I.DATA-QUALITY OBJECTIVES

Commencement Information

I11Sch. 5 Pt. I in operation at 1.5.2002, see reg. 1

The following data-quality objectives for the required accuracy of assessment methods, of minimum time coverage and of data capture of measurement are laid down to guide quality-assurance programmes.

	Sulphur dioxide, nitrogen dioxide and oxides of nitrogen	Particulate matter and lead
Continuous measurement
Accuracy	15%	25%
Minimum data capture	90%	90%
Indicative measurement
Accuracy	25%	50%
Minimum data capture	90%	90%
Minimum time coverage	14% (One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year)	14% (One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year)
Modelling Accuracy:
Hourly averages	50%–60%
Daily averages	50%
Annual averages	30%	50%
Objective estimation
Accuracy:	75%	100%

The accuracy of the measurement is defined as laid down in the “Guide to the Expression of Uncertainty of Measurements” (ISO 1993)(4) or in ISO 5725-1 “Accuracy (trueness and precision) of measurement methods and results” (ISO 1994)(5). The percentages in the table are given for individual measurements averaged, over the period considered, by the limit value, for a 95% confidence interval (bias + two times the standard deviation). The accuracy for continuous measurements should be interpreted as being applicable in the region of the appropriate limit value.

The accuracy for modelling and objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered by the limit value, without taking account of the timing of the events.

The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.

The Department may allow for random measurements to be made instead of continuous measurements for particulate matter and lead by methods for which accuracy within the 95% confidence interval with respect to continuous monitoring has been demonstrated to be within 10%. Random sampling must be spread evenly over the year.

PART IIN.I.RESULTS OF AIR QUALITY ASSESSMENT

Commencement Information

I12Sch. 5 Pt. II in operation at 1.5.2002, see reg. 1

The following information should be compiled for zones or agglomerations within which sources other than measurement are employed to supplement information from measurement or as the sole means of air quality assessment:

a description of assessment activities carried out;
the specific methods used, with references to descriptions of the method;
the sources of data and information;
a description of results, including accuracies and, in particular, the extent of any area or, if relevant, the length of road within the zone or agglomeration over which concentrations exceed limit value(s) or, as may be, limit value(s) plus applicable margin(s) of tolerance and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold;
for limit values the object of which is the protection of human health, the population potentially exposed to concentrations in excess of the limit value.

Where possible maps shall be compiled showing concentration distributions within each zone and agglomeration.

Regulation 7(6)

SCHEDULE 6N.I.Reference Methods for Assessment of Concentrations of Sulphur Dioxide, Nitrogen Dioxide and Oxides of Nitrogen, Particulate Matter (PM₁₀ and PM_2·5) and Lead.

Commencement Information

I13Sch. 6 in operation at 1.5.2002, see reg. 1

PART IN.I.REFERENCE METHOD FOR THE ANALYSIS OF SULPHUR DIOXIDE

Commencement Information

I14Sch. 6 Pt. I in operation at 1.5.2002, see reg. 1

ISO/FDIS 10498 (Standard in draft) Ambient air—determination of sulphur dioxide—ultraviolet fluorescence method(6).

PART IIN.I.REFERENCE METHOD FOR THE ANALYSIS OF NITROGEN DIOXIDE AND OXIDES OF NITROGEN

Commencement Information

I15Sch. 6 Pt. II in operation at 1.5.2002, see reg. 1

ISO 7996: 1985 Ambient air—determination of the mass concentrations of nitrogen oxides—chemiluminescence method(7).

PART IIIAN.I.REFERENCE METHOD FOR THE SAMPLING OF LEAD

The reference method for the sampling of lead will be that described in the Annex to Directive 82/884/EEC(8) until such time as the limit value in Schedule 1 to these Regulations is to be met, when the reference method will be that for PM₁₀ specified in Part IV of this Schedule.

PART IIIBN.I.REFERENCE METHOD FOR THE ANALYSIS OF LEAD

ISO 9855: 1993 Ambient air—Determination of the particulate lead content of aerosols collected in filters. Atomic absorption spectroscopy method(9).

PART IVN.I.REFERENCE METHOD FOR THE SAMPLING AND MEASUREMENT OF PM₁₀

Commencement Information

I16Sch. 6 Pt. IV in operation at 1.5.2002, see reg. 1

The reference method for the sampling and measurement of PM₁₀ will be that described in EN 12341 “Air Quality—Field Test Procedure to Demonstrate Reference Equivalence of Sampling Methods for the PM₁₀ fraction of particulate matter”(10). The measurement principle is based on the collection on a filter of the PM₁₀ fraction of ambient particulate matter and the gravimetric mass determination.

Regulation 9(4)