The Air Quality Limit Values Regulations 2001

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Air Quality Limit Values Regulations 2001 and shall come into force on 19th July 2001.

(2) With the exception of regulation 10 which shall apply to the whole of the United Kingdom, these Regulations shall apply to England only.

Definitions

2.  In these Regulations—

“agglomeration” means a zone with a population concentration in excess of 250,000 inhabitants, or, where the population concentration is 250,000 inhabitants or less, a population density per km ² for which the Secretary of State considers that the need for ambient air to be assessed or managed is justified;

“alert threshold” has the meaning given by regulation 8(2);

“ambient air” means outdoor air in the troposphere, excluding work places;

“assessment” means any method used to measure, calculate, predict or estimate the level of a relevant pollutant in the ambient air;

“fixed measurements” means measurements taken at fixed sites either continuously or by random sampling, the number of measurements being sufficiently large to enable the levels observed to be determined;

“level” means the concentration of a relevant pollutant in ambient air;

“limit value” has the meaning given in regulation 3(1);

“lower assessment threshold” has the meaning given in regulation 5(5);

“natural events” means volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events or the atmospheric resuspension or transport of natural particles from dry regions;

“oxides of nitrogen” means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;

“PM_2.5” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5 μm aerodynamic diameter;

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

“relevant pollutants” means sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead;

“upper assessment threshold” has the meaning given in regulation 5(5); and

“zone” means a part of the territory of England shown on a map published by the Secretary of State on 19th January 2001, deposited at the offices of the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE and displayed on the Department’s website at http://www.environment.detr.gov.uk.

Duty to ensure that ambient air quality is improved

3.—(1) The Secretary of State shall take the measures necessary to ensure that throughout England in each zone concentrations of relevant pollutants in ambient air, as assessed in accordance with regulations 4 to 7, do not exceed the limit values set out in Schedule 1 from the dates specified in that Schedule.

(2) The measures taken shall—

(a) take into account an integrated approach to the protection of air, water and soil;

(b) not contravene Community legislation on the protection of safety and health of workers at work; and

(c) have no significant negative effects on the environment in the other Member States.

Assessment of ambient air quality

4.  The Secretary of State shall ensure that ambient air quality is assessed in each zone in relation to each of the relevant pollutants in accordance with regulations 5 to 7.

Classification of zones

5.—(1) The Secretary of State 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.

(2) Measurements must be used to assess ambient air quality in relation to a relevant pollutant in a zone if—

(a) the zone is an agglomeration;

(b) the levels of that pollutant in the zone are between the relevant limit values and upper assessment thresholds; or

(c) the levels of that pollutant in the zone exceed the limit values for that pollutant.

(3) A combination of measurements and modelling techniques may be used to assess ambient air quality in any zone in relation to a relevant pollutant where the levels of that pollutant over a representative period are below the relevant upper assessment thresholds.

(4) Where the levels of a relevant pollutant in any zone over a representative period are below the relevant lower assessment thresholds, the sole use of modelling or objective estimation techniques for assessing levels of that pollutant is permissible unless—

(a) the zone is an agglomeration; and

(b) the pollutant being assessed is sulphur dioxide or nitrogen dioxide.

(5) The upper and lower assessment thresholds for the relevant pollutants shall be determined in accordance with Schedule 2.

(6) Where a zone is classified in relation to a pollutant under paragraph (1)(a), modelling techniques may be used for supplementing the measurements taken in order to provide an adequate level of information on ambient air quality in relation to a relevant pollutant in a zone.

(7) The Secretary of State may also designate a zone classified under this regulation in relation to a relevant pollutant as follows.

(8) Where the relevant pollutant is sulphur dioxide, the zone may be designated under this paragraph(1) if the limit values are exceeded in the zone owing to concentrations of sulphur dioxide in ambient air due to natural sources.

(9) Where the relevant pollutant is PM₁₀, the zone may be designated—

(a) under this sub-paragraph(2) if due to natural events concentations of PM₁₀ in the ambient air are significantly in excess of normal background levels from natural sources;

(b) under this sub-paragraph(3) if due to the resuspension of particulates following the winter sanding of roads concentrations of PM₁₀ in the ambient air are significantly in excess of normal background levels from natural sources.

Review of classifications

6.—(1) The Secretary of State 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 Secretary of State shall also review the classification of any zone under regulation 5 in the event of significant changes in activities affecting ambient concentrations in that zone of any of the relevant pollutants.

(3) In this paragraph, ‘classification’ includes any designation under regulation 5(7) to (9).

Method of assessment of ambient air quality

7.—(1) The Secretary of State shall ensure that ambient air quality is assessed in each zone by following the appropriate 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) in relation to a relevant pollutant, the Secretary of State shall ensure that the minimum number of fixed sampling points 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) in relation to a relevant pollutant, the Secretary of State shall ensure that the number of fixed sampling points used for sampling 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 Secretary of State considers can be demonstrated to give equivalent results.

(7) The Secretary of State shall ensure that—

(a) measuring stations to supply representative data on concentrations of PM_2.5 are installed and operated using methods for the sampling and measurement of PM_2.5 that she 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 Secretary of State 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 measurements of volume must be standardised at a temperature of 293°K and a pressure of 101,3 kPa.

Action plans

8.—(1) The Secretary of State shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the limit values for any of the relevant pollutants, or the alert thresholds for sulphur dioxide or nitrogen dioxide, being exceeded, in order to reduce that risk and to limit the duration of such an occurence.

(2) The alert threshold for sulphur dioxide is set out in paragraph 1.2 of Part I of Schedule 1 and the alert threshold for nitrogen dioxide is set out in paragraph 2.2 of Part II of Schedule 1.

Action to be taken where limit values are exceeded

9.—(1) The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than—

(a) in a case where there is no margin of tolerance shown in Schedule 1 in relation to a limit value, the limit value;

(b) in any other case, the limit value plus the margin of tolerance shown in Schedule 1.

(2) The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.

(3) Subject to paragraphs (6), (8) and (9), the Secretary of State shall draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question within the time limits specified in Schedule 1 and shall ensure that the plan or programme is implemented.

(4) The plan or programme shall at least include the information listed in Schedule 7.

(5) Where in any zone the level of more that one pollutant is higher than the limit values, an integrated plan covering all the pollutants in question shall be prepared.

(6) For any zone designated under regulation 5(8), the Secretary of State may provide that plans or programmes shall only be required under this regulation where the limit values are exceeded owing to man-made emissions.

(7) Plans or programmes for PM₁₀ which are prepared in accordance with this regulation shall also have the aim of reducing concentrations of PM_2.5.

(8) For any zone designated under regulation 5(9)(a), the Secretary of State may provide that plans or programmes shall only be required where the limit values are exceeded owing to causes other than natural events.

(9) For any zone designated under regulation 5(9)(b), the Secretary of State may provide that plans or programmes shall only be required where the limit values are exceeded owing to PM₁₀ levels other than those caused by winter road sanding.

Consultations with other Member States of the European Union

10.—(1) For the purpose of this regulation, a transboundary pollution issue arises when in any part of the United Kingdom the level of a relevant pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution in another Member State of the European Union.

(2) It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland.

(3) The Secretary of State shall consult any other Member State directly concerned with a pollution issue with a view to finding a solution to that issue—

(a) when she considers that a transboundary pollution issue has arisen affecting England;

(b) on receiving a notification under paragraph (2); or

(c) on being notified by any other Member State that the limit value or alert threshold for any relevant pollutant may be exceeded in that Member State as a result of pollution originating in any part of the United Kingdom.

(4) In any case which appears to her to affect Wales, Scotland or Northern Ireland respectively, the Secretary of State shall—

(a) inform the relevant administration of any notification made under paragraph (3)(c); and

(b) consult the relevant administration about any action which she proposes to take.

(5) The Commission may be present at any consultations conducted under paragraph (3).

(6) In this regulation, ‘relevant administration’ means—

(a) the National Assembly for Wales for matters affecting Wales;

(b) Scottish Ministers for matters affecting Scotland; and

(c) Northern Ireland Ministers for matters affecting Northern Ireland.

Extension of power to give directions relating to air quality

11.—(1) For the purposes of the implementation of any obligations of the United Kingdom under Council Directive 96/62/EC on ambient air quality assessment and management(4) and 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(5)—

(a) the Secretary of State shall have the same power to give directions to local authorities in Greater London and the Mayor of London; and

(b) the Mayor of London shall have the same power to give directions to local authorities in Greater London,

as the Secretary of State has under section 85(5) of the Environment Act 1995(6) in relation to local authorities in England outside Greater London.

(2) The provisions of subsections (6), (6A) and (7) of section 85 of the Environment Act 1995 shall apply to directions given under this regulation as they apply to directions given under that section, and in the case of subsection (7) as if the Mayor of London were a local authority.

Zones where the levels are lower than the limit value

12.—(1) The Secretary of State shall draw up a list of zones in which the levels of the relevant pollutants are below the limit values.

(2) The Secretary of State shall ensure that the levels of the relevant pollutants in these zones are maintained below the limit values and shall endeavour to preserve the best ambient air quality compatible with sustainable development.

Public information

13.—(1) The Secretary of State shall ensure that up-to-date information on ambient concentrations of each of the relevant pollutants is routinely made available to the public.

(2) Information on ambient concentations of sulphur dioxide, nitrogen dioxide and particulate matter shall be updated—

(a) in the case of hourly values for sulphur dioxide and nitrogen dioxide, where practicable on an hourly basis;

(b) in all other cases, as a minimum on a daily basis.

(3) Information on ambient concentrations of lead shall be updated on a three-monthly basis.

(4) Information made available under paragraph (1) shall include—

(a) an indication of the extent to which limit values and alert thresholds for relevant pollutants have been exceeded over the averaging periods specified in Schedule 1; and

(b) a short assessment of those exceedances and their effects on health.

(5) When an alert threshold is exceeded, the Secretary of State shall ensure that the necessary steps are taken to inform the public, and the information made available shall as a minimum include the information specified in paragraphs 1.3 of Part I and 2.3 of Part II of Schedule 1.

(6) Information to be made available to the public under this regulation shall include the map mentioned in the definition of “zone” in regulation 2 and action plans, plans and programmes prepared under regulations 8 and 9 respectively.

(7) For the purposes of this regulation, the public includes, but is not limited to, health care bodies and organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment.

(8) Information made available under this regulation shall be clear, comprehensible and accessible.

Revocations of Air Quality Standards Regulations 1989 and transitional provisions

14.—(1) The Air Quality Standards Regulations 1989(7), insofar as they apply to England, are hereby revoked as follows.

(2) Regulation 2(1) (limit values for sulphur dioxide and suspended particulates) and regulation 4(1) (limit value for lead in air) shall be revoked with effect from 1st January 2005.

(3) Regulations 3 (measurement of sulphur dioxide and suspended particulates), 5 (measurement of lead in air) and 7 (measurement of nitrogen dioxide in the atmosphere) shall be revoked.

(4) Regulation 6 (limit value for nitrogen dioxide in the atmosphere) shall be revoked with effect from 1st January 2010.

(5) From 19th July 2001 until 1st January 2005, if the methods prescribed by these regulations for the assessment of suspended particulate matter are used for the purpose of demonstrating compliance with Annex IV Directive 80/779/EEC of 15th July 1980 on air quality limit values and guide values for suspended particulates(8), the data so collected shall be multiplied by a factor of 1.2.

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs

Michael Meacher

Minister of State

Department for Environment, Food and Rural Affairs

25th June 2001