The Air Quality Standards (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in relation to Wales.

These Regulations—

(a) implement Council Directive 96/62/EC on ambient air quality assessment and management (OJ No. L 296, 21.11.96, p.55);

(b) implement 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 (OJ No. L 163, 29.06.99, p.41);

(c) implement Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air (OJ No. L 313, 13.12.00, p.12);

(d) implement Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (OJ No. L 67, 09.03.02, p.14);

(e) implement Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ No. L 23, 26.01.05, p.3);

(f) incorporate requirements imposed by Commission Decision 2001/744/EC amending Annex V to Council Directive 1999/30/EC (OJ No. L 278, 23.10.01, p.35) and Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing-up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ No. L 156, 25.06.03, p.17); and

(g) replace regulation 6 of the Air Quality Standards Regulations 1989 (S.I. 1989/317), the Air Quality Limit Values (Wales) Regulations 2002 (S.I. 2002/3183) (W.299), the Air Quality (Ozone) (Wales) Regulations 2003 (S.I. 2003/1848) (W.198) and the Air Quality Limit Values (Wales) (Amendment) Regulations 2005 (S.I. 2005/1157) (W.74), all of which are revoked by regulation 30 of, and Schedule 13 to, these Regulations.

Part 1 of these Regulations includes regulation 3, which designates the National Assembly for Wales (“the National Assembly”) as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/EC.

Part 2 of these Regulations requires the attainment of air quality standards in respect of the concentration of various pollutants in ambient air.

For the purposes of Part 2, the National Assembly is required to divide Wales into zones within which the necessary air quality management and assessment takes place (regulation 5).

In accordance with regulation 6, limit values are imposed for “Group A” pollutants (benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀) and sulphur dioxide); target values are imposed for “Group B” pollutants (the content of arsenic, benzo(a)pyrene, cadmium and nickel, or their compounds, within the PM₁₀ fraction); and target values and long-term objectives are imposed for ozone.

Chapter 2 of Part 2 sets out the measures the National Assembly is required to take in order to ensure attainment of the relevant standards. The measures ordinarily required are those set out in regulation 7. In relation to benzene or nitrogen dioxide, where concentrations exceed the limit value plus the margin of tolerance specified, the National Assembly is required by regulation 8(2) to prepare and implement an improvement plan. The National Assembly is also required to prepare and implement an improvement plan by regulation 8(3) in cases where concentrations of ozone exceed the target value unless the National Assembly considers that the target value would not be attainable through proportionate measures. Finally, regulation 9 requires the National Assembly to take the measures specified in that regulation in cases where concentrations of Group B pollutants exceed the relevant target value or in cases where concentrations of ozone comply with the target value but exceed a long-term objective.

Regulation 10 requires the National Assembly to maintain compliance with the limit values and target values and, as far as the factors specified in that regulation permit, the long-term objective for ozone.

Regulation 11 requires the National Assembly to prepare and, to the extent it considers necessary, implement action plans which indicate the measures to be taken in cases where there is a risk that any limit value or the alert thresholds for nitrogen dioxide and sulphur dioxide will be exceeded. The National Assembly is also required to consider the preparation of action plans where there is a risk that the alert threshold for ozone will be exceeded.

Regulation 12 requires the National Assembly to assess the concentration of Group A pollutants, Group B pollutants and ozone within each zone.

Regulations 13 to 16 prescribe the assessment methods which are required or permitted (as the case may be) and the detailed requirements in relation to each method (for instance, requirements as to sampling points for fixed measurement).

In Part 3 of these Regulations, regulations 17 to 19 require the National Assembly to monitor or measure, respectively, PM_2·5, ozone precursor substances and certain polycyclic aromatic hydrocarbons. Regulation 20 requires the taking of indicative measurements of the concentration and deposition of Group B pollutants, polycyclic aromatic hydrocarbons and mercury.

In Part 4 of these Regulations, regulations 21 to 25 require the National Assembly to disseminate up-to-date information to the public, including organisations representing relevant public interests. Regulation 26 requires the production of an annual report for ozone and regulation 27 requires action and improvement plans, and information as to their implementation, to be made available. Regulation 28 requires the National Assembly to ensure that the public can contribute to the development, modification and review of improvement plans.

In Part 5 of these Regulations, regulation 29 requires the National Assembly to obtain and collate data and regulation 30 provides for the repeal of Regulations that are superseded by these Regulations.