The Air Quality Limit Values (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These regulations implement in Wales Council Directive 96/62/EC on ambient air quality assessment and management, Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, and Council Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air.

They replace the Air Quality Limit Values (Wales) Regulations 2001 (S.I. 2001/2683) (W.224), which implemented Council Directives 96/62/EC and 99/30/EC with effect from 19th July 2001.

Regulation 3 designates the National Assembly for Wales (“the National Assembly") as the competent authority for the implementation of Article 3 (implementation and responsibilities) of Council Directive 96/62/EC.

Regulation 4 places the National Assembly under a duty to take the measures necessary to ensure that in each zone in Wales concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide (“the relevant pollutants") do not exceed limit values. The limit values for each pollutant, and the dates by which they are to be met, are set out in Schedule 1.

Regulation 5 requires the National Assembly to ensure that ambient air is assessed for each zone.

Regulation 6 requires the National Assembly to classify each zone in relation to each of the relevant pollutants. Regulation 6 together with Schedule 2 provide for the determination of upper and lower assessment thresholds for each relevant pollutant. Regulation 6 sets out the requirements for measurement or other assessment of air quality depending on pollution levels in relation to these thresholds. It also provides for the designation of zones for which action programmes are not required in certain circumstances, even though limit values for sulphur dioxide or particulates are exceeded in those zones.

Regulation 7 places a duty on the National Assembly to review the classification of zones every five years or in the event of significant changes affecting levels of any of the relevant pollutants.

Regulation 8 requires the National Assembly to ensure that specified methods are used for assessing air quality for each pollutant in each zone. Schedule 3 sets out how sampling points for the relevant pollutants are to be determined. Schedule 4 sets out criteria for the minimum number of sampling points for fixed measurements to assess compliance with limit values in zones where that is the only source of information, and with limit values for the protection of ecosystems or vegetation in certain other zones. Schedule 5 makes provision for data quality objectives for the required accuracy of assessment methods, and for compilation of the results of air quality assessment. Schedule 6 prescribes reference methods for the analysis, sampling or measurement of the relevant pollutants. Regulation 8(7) places a duty on the National Assembly to ensure that measuring stations supply data on concentrations of PM_2.5 particulate matter.

Regulation 9 requires the National Assembly to draw up action plans indicating measures to be taken in the short term where there is a risk that limit values for any of the relevant pollutants, or alert thresholds for sulphur dioxide or nitrogen dioxide, will be exceeded. The alert thresholds for sulphur dioxide and nitrogen dioxide are set out in paragraph 1.2 of Part I and paragraph 2.2 of Part II of Schedule 1 respectively.

Regulation 10 requires the National Assembly to draw up lists of zones where the levels of one or more of the relevant pollutants is above the limit value, or between the limit value and any margin of tolerance shown in Schedule 1. For such zones, regulation 10 places a duty on the National Assembly to draw up a plan or programme, which must contain at least the information set out in Schedule 7 (including the location and origin of the pollution, the responsible authorities and the measures taken to deal with the pollution).

Regulation 11 requires the National Assembly to list zones where levels of the relevant pollutants are below limit values, to ensure that levels of these pollutants are maintained below the limit values, and to endeavour to preserve the best ambient air quality compatible with sustainable development.

Regulation 12 requires the National Assembly to ensure that up-to-date information on ambient concentrations of each of the relevant pollutants is routinely made available to the public. It prescribes the frequency and content of such information. Where alert thresholds for sulphur dioxide or nitrogen dioxide are exceeded, further information, set out in paragraph 1.3 of Part I and 2.3 of Part II of Schedule 1 must be provided. This information includes details of the place and time of the occurrence, forecasts, and precautions to be taken by sensitive populations.

Regulation 13 revokes the Air Quality Limit Values (Wales) Regulations 2001. It also revokes, in relation to Wales and at the dates specified, parts of the Air Quality Standards Regulations 1989; other parts of those regulations have been revoked by the Air Quality Limit Values (Wales) Regulations 2001. The Air Quality Standards Regulations 1989, as amended by S.I. 1995/3146, implemented Council Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates; Council Directive 82/884/EEC on a limit value for lead in air; and Council Directive 85/203/EEC on air quality standards for nitrogen dioxide. These Directives are repealed, with transitional provisions lasting up to 2005 and 2010, by Council Directive 99/30/EC.

Where action was taken by the National Assembly under the Air Quality Limit Values (Wales) Regulations 2001 under a provision of those Regulations re-enacted by these Regulations, it is to be treated as having been taken under these Regulations. For example, the classification of zones in relation to relevant pollutants which took place under regulation 5 of the 2001 regulations is to be treated as having taken place under regulation 6 of these Regulations. The duty to review that classification every 5 years therefore applies by reference to the date of the original classification.

A number of provisions of existing legislation confer powers on public bodies which are relevant to the achievement of limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air. The most notable of these are—

1.  Provisions conferring power on local authorities— E+W

(a)  concerning “local air quality management" under Part IV of the Environment Act 1995 (c.25); E+W

(b)  for control of smoke emissions under the Clean Air Act 1993 (c.11); E+W

(c)  for taking account of air quality issues when making land use planning and transport plans; E+W

(d)  for the control of traffic growth and management, under the Road Traffic Reduction Act 1997 (c.54), the Road Traffic Regulation Act 1984 (c.27) and the Road Traffic Act 1991 (c.40). E+W

2.  Control of industrial emissions— E+W

(a)  by local authorities by means of “local air pollution control" and by the Environment Agency under “integrated pollution control" under Part I of the Environmental Protection Act 1990 (c.43); E+W

(b)  by the Environment Agency and local authorities using “integrated pollution prevention and control" under the Pollution Prevention and Control Act 1999 (c.24) and the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973). E+W

3.  Control of transport emissions E+W

A series of vehicle emission regulations transposing EC Directives impose limits on vehicle emissions including: S.I. 1992/2137 (covering directives 91/441/EEC and 91/542/EEC); S.I. 1993/2199 (covering directive 93/59/EEC); S.I. 1995/2210 (covering directive 94/12//EC); S.I. 1997/1544 (covering directive 96/69/EC) and S.I. 2000/3197 (covering directive 98/69/EC). Environmental standards for fuel were set in 1994 (S.I. 1994/2295) and 1999 (S.I. 1999/3107).

A full account of all the measures through which achievement of limit values will be sought is set out in the “Air Quality Strategy for England, Scotland, Wales and Northern Ireland" published by the Department of the Environment, Transport & the Regions, Scottish Executive, National Assembly for Wales and Northern Ireland Assembly, January 2000 (Cm. 4548).