4.—(1) This Part applies in respect of the following pollutants—
(a)Group A pollutants;
(b)Group B pollutants; and
(c)ozone.
(2) Northern Ireland departments 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 effects on—
(i)any other member State; or
(ii)any other part of the United Kingdom.
5.—(1) The Department shall, for the purposes of this Part, divide the territory of Northern Ireland 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 Department determines that its population density per km2 is sufficiently high to justify such a classification.
(3) The Department may establish different zones for different pollutants where it considers this appropriate.
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 operation, 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.
7.—(1) Northern Ireland departments 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 the relevant pollutants arise as a result of emissions from installations to which Council Directive 96/61/EC concerning integrated pollution prevention and control(1) applies, the application of best available techniques to prevent pollution from those installations in accordance with that Directive(2).
(3) In the case of ozone, the necessary measures are measures the Department considers to be proportionate and, in relation to the long-term objectives, cost effective.
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 Department, after consultation with other Northern Ireland departments, 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; and the Department and those other Northern Ireland departments shall ensure that the plan is implemented.
(3) Where paragraph (1)(b) applies, the Department, after consultation with other Northern Ireland departments, shall prepare and implement an improvement plan in respect of ozone unless it 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 Department, after consultation with other Northern Ireland departments, is required to prepare and implement an improvement plan under both paragraphs (2) and (3) it shall, where it 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.
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 Department 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 Department shall prepare and implement measures which it considers to be cost-effective with the aim of attaining the long-term objective.
(4) The Department shall ensure that the measures required in paragraph (3) are consistent with the improvement plans prepared for ozone under regulation 8(3).
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, Northern Ireland departments shall, in respect of each pollutant meeting the conditions set out in those sub-paragraphs—
(a)maintain compliance with the relevant limit or target values; and
(b)endeavour to maintain the lowest concentration which they consider to be compatible with sustainable development.
(3) Where paragraph (1)(c) applies, Northern Ireland departments 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 they consider to be compatible with sustainable development and a high level of protection for the environment and human health.
11.—(1) The Department, after consultation with other Northern Ireland departments, 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 Department 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 account geographical, meteorological and economic conditions, the Department considers there is significant potential for the objectives set out in paragraph (3) to be achieved.
(5) When the risks referred to in paragraph (2) arise within a zone, the measures indicated in the relevant action plans within the zone concerned shall be implemented—
(a)by the Department and those other Northern Ireland departments in respect of paragraph 2(a) and 2(b); and
(b)by the Department in respect of paragraph 2(c),
to the extent that it is considered necessary in the circumstances of the particular case.
(6) In preparing and implementing any action plans for ozone, the Department 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(3)
(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.
12. The Department shall assess the concentrations of each pollutant within each zone, in accordance with regulations 13 to 16.
13.—(1) Subject to paragraph (2), the Department 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 (Northern Ireland) 2002(4) (“the 2002 Regulations”) and the Air Quality (Ozone) Regulations (Northern Ireland) 2003(5) (“the 2003 Regulations”) the Department may continue to use the method by which concentrations of a Group A pollutant were assessed within that zone under the 2002 and 2003 Regulations (“the 2002 and 2003 method”).
(3) Except where fixed measurement is required by paragraph (1) or it continues to use the 2002 and 2003 method in accordance with paragraph (2), and, in the case of nitrogen dioxide, subject to the requirements imposed by regulation 15(7), the Department 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 concentration of the pollutant in the zone concerned are below the relevant lower assessment threshold.
(4) The Department 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 Department 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 Department shall determine the representative concentrations in accordance with Part 3 of Schedule 4.
(7) The Department 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 Department continues to use the 2002 and 2003 method, the date from which the period of review commences is the later of—
(a)the date the zone was classified under regulation 5(1) of the 2002 Regulations, and regulation 6(1) of the 2003 Regulations; or
(b)the date on which that classification was last reviewed under regulation 6 of the 2002 Regulations.
(9) The Department 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 Department may assess concentrations of ozone by—
(a)measurement campaigns of short duration at times and locations which it considers are likely to be typical of the highest pollution levels; and
(b)results from emission inventories and modelling.
14.—(1) Where the Department assesses concentrations of a Group A or Group B pollutant by fixed measurement or by combined measurement it 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 Department assesses concentrations of a Group A or Group B pollutant by fixed measurement, it may supplement information from sampling points for fixed measurement with information from modelling techniques in so far as it considers this will provide an adequate level of information on ambient air quality.
(3) Where the Department assesses concentrations of ozone by fixed measurement—
(a)it 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)it may supplement information from sampling points with information from modelling techniques or indicative measurements.
15.—(1) Where the Department assesses concentrations of a Group A or Group B pollutant by fixed measurement it 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 Department assesses concentrations of a Group A or Group B pollutant by—
(a)fixed measurement, in cases where it obtains information from modelling techniques under regulation 14(2); or
(b)combined measurement,
it shall install the number of sampling points it 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 Department 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 Department assesses concentrations of ozone by fixed measurement it 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 Department may determine the number of sampling points in accordance with Part 5 of Schedule 5.
(6) In the case of zones in which the Department 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), it may reduce the number of sampling points for ozone provided that—
(a)it 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)it 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 50,000km2,
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 Department shall ensure that—
(a)except where paragraph (6)(e) applies, concentrations of nitrogen dioxide are assessed at least at 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 Department shall locate all sampling points for ozone in accordance with the requirements set out in the relevant Parts of Schedule 6.
16.—(1) When the Department undertakes assessments by methods other than fixed measurement, it 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 Department shall have regard to the relevant data quality objectives set out in Schedule 8.
(3) The Department shall undertake assessments in accordance with—
(a)the relevant reference methods required by Schedule 9; or
(b)any alternative reference methods, where it 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 101.3kPa.
OJ No L 257, 10.10.96, p.26
The Directive is implemented by The Pollution Prevention and Control Regulations (Northern Ireland) 2003 (S.R. 2003 No.46 as amended by S.R. 2003 No.390, S.R. 2003 No.496, S.I. 2003/3311, S.R. 2004 No.36, S.R. 2004 No.297, S.R. 2004 No.507, S.R. 2005 No.285, S.R. 2005 No.300, S.R. 2005 No.454 and S.R. 2006 No.98)
OJ No L 87, 25.03.04, p.50
S.R. 2002 No. 94 amended by S.R. 2002 No.357 and S.R. 2004 No. 514
S.R. 2003 No. 240 amended by S.R. 2004 No. 514