The Air Quality (Wales) Regulations 2000

Welsh Statutory Instruments

2000 No. 1940 (W. 138 )

ENVIRONMENTAL PROTECTION, WALES

The Air Quality (Wales) Regulations 2000

Made

19th July 2000

Coming into force

1st August 2000

The National Assembly for Wales makes the following Regulations, in exercise of the powers conferred on the Secretary of State by sections 87(1) and (2) and 91(1) of the Environment Act 1995(1) and of all other powers enabling him in that behalf and now vested in the National Assembly for Wales(2), having, in accordance with section 87(7) of that Act, consulted the Environment Agency, such bodies or persons appearing to the National Assembly to be representative of the interests of local government and of industry as it considers appropriate, and such other bodies or persons as it considers appropriate:

Citation, commencement and application. E+W

1.—(1) These Regulations may be cited as the Air Quality (Wales) Regulations 2000 and shall come into force on 1 August 2000.

(2) These Regulations apply to Wales only.

Commencement Information

I1 Reg. 1 in force at 1.8.2000, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations,

• “the 1995 Act” (“Deddf 1995”) means the Environment Act 1995,

• “air quality objective” (“amcan ansawdd aer”) has the meaning given by regulation 4 of these Regulations,

• “the Schedule” (“yr Atodlen”) means the Schedule to these Regulations,

• “substance” (“sylwedd”) means a substance listed in the left hand column of the Table, and

• “the Table” (“y Tabl”) means the Table in Part I of the Schedule.

(2) The provisions of Part II of the Schedule shall have effect for the purpose of the interpretation of the Schedule.

Commencement Information

I2 Reg. 2 in force at 1.8.2000, see reg. 1(1)

Relevant periods E+W

3.  The relevant period prescribed for the purposes of Part IV of the 1995 Act(3), in relation to an air quality objective, shall be the period beginning with the date on which these Regulations come into force and ending on the date prescribed in the right hand column of the Table opposite the relevant air quality objective.

Commencement Information

I3 Reg. 3 in force at 1.8.2000, see reg. 1(1)

Air quality objectives E+W

4.—(1) It is an air quality objective for each substance that the level at which that substance is present in the air is restricted to the level prescribed in the left hand column of the Table for that substance by no later than the date prescribed in the right hand column of the Table for that substance, or, if more than one air quality objective is prescribed for a substance, the date prescribed in the right hand column opposite the relevant air quality objective for that substance.

(2) The achievement or likely achievement of an air quality objective prescribed in accordance with paragraph (1) shall be determined by reference to the quality of air at locations

(a) which are situated outside of buildings or other natural or artificial structures above or below ground; and

(b) at which members of the public are regularly present.

Commencement Information

I4 Reg. 4 in force at 1.8.2000, see reg. 1(1)

Revocation E+W

5.  The Air Quality Regulations 1997(4) are hereby revoked.

Commencement Information

I5 Reg. 5 in force at 1.8.2000, see reg. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D. Elis Thomas

Presiding Officer

19th July 2000

Regulations 2, 3 and 4

THE SCHEDULE E+W

PART I E+W

Commencement Information

I6 Sch. Pt. 1 in force at 1.8.2000, see reg. 1(1)

TABLE

AIR QUALITY OBJECTIVES

Substance/ Air Quality Objective levels	Date by which objective to be achieved
Benzene: 16.25 micrograms per cubic metre or less, when expressed as a running annual mean	31 December 2003
[F1 Benzene: 5 micrograms per cubic metre or less, when expressed as an annual mean]	[F2 31 December 2010]
1, 3 -Butadiene: 2.25 micrograms per cubic metre or less, when expressed as a running annual mean	31 December 2003
Carbon monoxide: [F3 10] milligrams per cubic metre or less, when expressed as a [F4 maximum daily] running 8 hour mean	31 December 2003
Nitrogen dioxide: 200 micrograms per cubic metre or less, when expressed as an hourly mean, not to be exceeded more than 18 times a year	31 December 2005
Nitrogen dioxide: 40 micrograms per cubic metre or less, when expressed as an annual mean	31 December 2005
Lead: 0.5 micrograms per cubic metre or less, when expressed as an annual mean	31 December 2004
Lead: 0.25 micrograms per cubic metre or less, when expressed as an annual mean	31 December 2008
PM10: 50 micrograms per cubic metre or less, when expressed as a 24 hour mean, not to be exceeded more than 35 times a year	31 December 2004
PM10 40 micrograms per cubic metre or less, when expressed as an annual mean	31 December 2004
Sulphur dioxide: 125 micrograms per cubic metre or less, when expressed as a 24 hour mean, not to be exceeded more than 3 times a year	31 December 2004
Sulphur dioxide: 350 micrograms per cubic metre or less, when expressed as an hourly mean, not to be exceeded more than 24 times a year	31 December 2004
Sulphur dioxide: 266 micrograms per cubic metre or less, when expressed as a 15 minute mean, not to be exceeded more than 35 times a year	31 December 2005

Textual Amendments

F1 Words in Sch. Pt. 1 Table inserted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(2)(a)(i)

F2 Words in Sch. Pt. 1 Table inserted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(2)(a)(ii)

F3 Word in Sch. Pt. 1 Table substituted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(2)(b)

F4 Words in Sch. Pt. 1 Table inserted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(2)(b)

PART II E+W

Interpretation E+W

For the purposes of this Schedule:

1.—(1) A running annual mean is a mean which is calculated on an hourly basis, yielding one running annual mean per hour. The running annual mean for a substance at a particular location for a particular hour is the mean of the hourly levels for that substance at that location for that hour and the preceding 8759 hours. E+W

(2) For the purpose of the calculation of a running annual mean, the hourly level for a substance at a particular location is either:

(a) the level at which that substance is recorded as being present in the air at that location during the hour on the basis of a continuous sample of air taken during that hour for at least 30 minutes; or

(b) the mean of the levels recorded at that location on the basis of 2 or more samples of air taken during the hour for an aggregate period of at least 30 minutes.

Commencement Information

I7 Sch. Pt. 2 para. 1 in force at 1.8.2000, see reg. 1(1)

[F5 2.— (1) A maximum daily running 8 hour mean is calculated on a daily basis. The maximum daily running 8 hour mean for a particular substance at a particular location for a particular day is the maximum of the running 8 hour means ending during that day. E+W

(2) For the purpose of sub-paragraph (1), a “running 8 hour mean” is a mean which is calculated on an hourly basis, yielding one running 8 hour mean per hour. The running 8 hour mean for the relevant substance at the relevant location for a particular hour is the mean of the hourly means for the substance at the location for that hour and the preceding 7 hours.]

Textual Amendments

F5 Sch. Pt. 2 para. 2 substituted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(3)(a)

3.—(1) An annual mean is a mean which is calculated on a yearly basis, yielding one annual mean per calendar year. The annual mean for a substance at a particular location for a particular calendar year is: E+W

(a) in the case of lead, the mean of the daily levels for that year;

(b) in the case of nitrogen dioxide, the mean of the hourly means for that year; F6 ...

(c) in the case of PM₁₀, the mean of the 24 hour means for that year[F7 ; and

(d) in the case of benzene, either the mean of the daily levels for that year or the mean of the hourly means for that year].

(2) For the purpose of the calculation of the annual mean for lead, the daily level for lead at a particular location for a particular day is the level at which lead is recorded as being present in the air at that location during the week in which the day occurs on the basis of a continuous sample of air taken throughout that week (each day in that week therefore being attributed with the same daily level).

(3) “PM₁₀” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10μm aerodynamic diameter.

[F8 (4) For the purpose of any calculation of the annual mean for benzene on the basis of the mean of the daily levels, the daily level for benzene at a particular location for a particular day is the level at which benzene is recorded as being present in the air at that location during the fortnight in which the day occurs on the basis of a continuous sample of air taken throughout that fortnight (each day in the fortnight therefore being attributed with the same daily level).]

Textual Amendments

F6 Word in Sch. Pt. 2 para. 3(1)(b) omitted (31.12.2002) by virtue of The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(3)(b)(i)

F7 Sch. Pt. 2 para. 3(1)(d) and word inserted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(3)(b)(ii)

F8 Sch. Pt. 2 para. 3(4) substituted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(3)(b)(iii)

Commencement Information

I8 Sch. Pt. 2 para. 3 in force at 1.8.2000, see reg. 1(1)

4.  An hourly mean is a mean calculated every hour. [F9 The hourly mean for a particular substance at a particular location for a particular hour is the mean of the levels recorded for that substance at that location: E+W

(a) in the case of benzene, at a frequency of not less than once during the hour; and

(b) in the case of carbon monoxide, nitrogen dioxide and sulphur dioxide, at a frequency of not less than once every 10 seconds during the hour.]

Textual Amendments

F9 Words in Sch. Pt. 2 para. 4 substituted (31.12.2002) by The Air Quality (Amendment) (Wales) Regulations 2002 (S.I. 2002/3182), regs. 1(1), 2(3)(c)

Commencement Information

I9 Sch. Pt. 2 para. 4 in force at 1.8.2000, see reg. 1(1)

5.  A 24 hour mean is a mean calculated every 24 hours. The 24 hour mean for a substance at a particular location for a particular 24 hour period is the level at which that substance is recorded as being present in the air at that location on the basis of a continuous sample of air taken throughout the period. E+W

Commencement Information

I10 Sch. Pt. 2 para. 5 in force at 1.8.2000, see reg. 1(1)

6.  A 15 minute mean is a mean calculated every 15 minutes. The 15 minute mean for a substance at a particular location for a particular 15 minutes is the mean of the levels recorded, at a frequency of not less than once every 10 seconds, for that substance at that location during that 15 minutes. E+W

Commencement Information

I11 Sch. Pt. 2 para. 6 in force at 1.8.2000, see reg. 1(1)

7.  The reference to a number of micrograms or milligrams per cubic metre of a substance is a reference to the number of micrograms or milligrams per cubic metre of that substance when measured with the volume standardised at a temperature of 293 K and at a pressure of 101.3 kPa. E+W

Commencement Information

I12 Sch. Pt. 2 para. 7 in force at 1.8.2000, see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

Part IV of the Environment Act 1995 (“the 1995 Act”) requires county and county borough councils in Wales to review the quality of air within their area. The reviews have to consider the air quality for the time being and the likely future air quality during the “relevant period” (a period to be prescribed by regulations).

Such reviews have to be accompanied by an assessment of whether any air quality standards or objectives, as prescribed by regulations, are being achieved or are likely to be achieved within the relevant period.

These Regulations, which come into force on 1 August 2000, prescribe the relevant period referred to above (regulation 3) and the air quality objectives to be achieved by the end of that period (regulation 4 and the Schedule). The objectives are the same as those set out in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (Cm 4548, January 2000) and published by the National Assembly for Wales in accordance with section 80 of the 1995 Act.

Where any of the air quality objectives prescribed by these Regulations are not likely to be achieved within any part of a council’s area within the relevant period, the council concerned will have to designate that part of its area as an air quality management area (section 83(1) of the 1995 Act). An action plan covering the designated area will then have to be prepared setting out how the council intends to exercise its powers in relation to the designated area in pursuit of the achievement of the prescribed objectives (section 84(2) of the 1995 Act).

These Regulations revoke the Air Quality Regulations 1997. Those Regulations applied to Great Britain but have already been revoked in relation to Scotland by the Air Quality (Scotland) Regulations 2000 (S.S.I. 2000/97) and in relation to England by the Air Quality (England) Regulations 2000 (S.I. 2000/928).

(1)

1995 c. 25. See the definition of “prescribed”, “regulations” and “the relevant period” in section 91(1) of the Environment Act 1995 (“the 1995 Act”).

(2)

The functions of the Secretary of State under sections 87 and 91 of the 1995 Act are transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to which there are amendments not relevant to these Regulations.

(3)

See sections 82 to 85 of the 1995 Act.

(4)

S.I. 1997/3043. These Regulations, which applied to Great Britain, were revoked in relation to Scotland by S.S.I. 2000/97 and in relation to England by S.I. 2000/928.

(5)

1998 c. 38.