The Air Quality Standards (Wales) Regulations 2010

PART 1 E+W General

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Air Quality Standards (Wales) Regulations 2010 and they come into force on 11 June 2010.

(2) These Regulations apply in relation to Wales.

Definitions E+W

2.—(1) In these Regulations—

“ambient air” (“aer amgylchynol”) means outdoor air in the troposphere, excluding workplaces as defined by Council Directive 89/654/EEC M1 where provisions concerning health and safety at work apply and to which members of the public do not have regular access;

“AOT 40” (“AOT 40”) (expressed in (μg/m³) · hours) means the sum of the difference between hourly concentrations greater than 80 μg/m³ (= 40 parts per billion) and 80 μg/m³ over a given period using only the one-hour values measured between 08:00 hours and 20:00 hours Central European Time (CET) each day;

“arsenic” (“arsenig”), “cadmium” (“cadmiwm”), “nickel” (“nicel”) and “benzo(a)pyrene” (“benso(a)pyren”) mean the total content of those elements and compounds within the PM₁₀ fraction;

“assessment” (“asesu”, “asesiad”) means assessment carried out by means of fixed measurements, indicative measurements, modelling or objective estimation techniques;

“Directive 2004/107/EC” (“Cyfarwyddeb 2004/107/EC”) means 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 M2 ;

“Directive 2008/50/EC” (“Cyfarwyddeb 2008/50/EC”) means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe M3 ;

“fixed measurements” (“mesuriadau sefydlog”) means measurements taken at fixed locations, either continuously or by sampling from time to time, to determine levels of pollutants in accordance with the relevant data quality objectives;

“indicative measurements” (“mesuriadau dangosol”) means measurements which meet data quality objectives that are less strict than those required for fixed measurements;

“margin of tolerance” (“ffin goddefiant”) means the percentage of the limit value by which that value may be exceeded in a given year;

“oxides of nitrogen” (“ocsidau nitrogen”) means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m³);

“PM₁₀” (“PM₁₀”) means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM₁₀, EN 12341, with a 50% efficiency cut-off at 10 μm aerodynamic diameter;

“PM_2·5” (“PM_2·5”) means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM_2·5, EN 14907, with a 50% efficiency cut-off at 2,5 μm aerodynamic diameter;

“pollutant” (“llygrydd”) means any of the following—

(a)

arsenic,

(b)

benzene,

(c)

benzo(a)pyrene or other polycyclic aromatic hydrocarbons,

(d)

cadmium,

(e)

carbon monoxide,

(f)

lead,

(g)

mercury,

(h)

nickel,

(i)

nitrogen dioxide,

(j)

oxides of nitrogen,

(k)

ozone,

(l)

PM₁₀,

(m)

PM_2·5,

(n)

sulphur dioxide;

“polycyclic aromatic hydrocarbons” (“hydrocarbonau aromatig polysyclig”) means those organic compounds composed of at least two fused aromatic rings made entirely from carbon and hydrogen; and

“total deposition rate” (“cyfradd llwyr ddyddodiad”) means the total mass of pollutants which is transferred from the atmosphere to surfaces such as soil, vegetation, water and buildings in a given area within a given time.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(2) omitted (31.12.2020) by virtue of The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 OJ No L 393, 30.12.89, p. 1, amended by Directive 2007/30/EC (OJ No L 165, 27.6.07, p. 21).

M2 OJ No L 23, 26.1.05, p 3, last amended by Regulation (EC) No 219/2009 (OJ No L 87, 31.3.09, p. 109).

M3 OJ No L 152, 11.6.08, p 1.

[F2 Interpretation E+W

2A.— (1) When interpreting Directive 2008/50/EC for the purposes of these Regulations—

(a) Article 3(f) is to be read as if for “other Member States” there were substituted “ Member States ”;

(b) in Annex 1—

(i) in section A, footnote (1), is to be read as if—

(aa) for “Member States” there were substituted “ the Welsh Ministers ”;

(bb) the words “to the Commission” were omitted;

(ii) section C is to be read as if—

(aa) at each place it occurs, for “harmonised” there were substituted “ designated ”;

(bb) in point (i), the words “pursuant to Article 6 and 9” were omitted;

(cc) in point (iii), the words from “and that institutions” to the end were omitted;

(dd) in point (iv), in the first sentence, the words from “by the appropriate” to “Article 3” were omitted;

(ee) in point (iv), in the first sentence, the words from “the reference to” to “the European Union” were omitted;

(ff) in point (iv), in the second sentence, the words from “for the coordination” to “be responsible” were omitted;

(gg) points (v) and (vi) were omitted;

(hh) in paragraph 2, for “All reported data under Article 27” there were substituted “ All data ”;

(c) in Annex 2, in Section B, the second subparagraph is to be read as if for “Member States” there were substituted “ the Welsh Ministers ”;

(d) in Annex 3, in Section A, paragraph (2)(b) is to be read as if the words “in accordance with Article 2(1)” were omitted;

(e) in Annex 5, in Section A, footnotes (1) and (2) to the table are to be read as if for “a Member State” in each place where the words occur, there were substituted “ the United Kingdom ”;

(f) in Annex 6, Section B is to be read as if—

(i) in point 1—

(aa) for “A Member State” there were substituted “ The Welsh Ministers ”;

(bb) for “it” there were substituted “ they ”;

(cc) for “the Member State concerned” there were substituted “ the Welsh Ministers ”;

(ii) points 2, 3 and 4 were omitted;

(g) in Annex 8, in Section A, the paragraph after the table is to be read as if after the words “in the Community” there were inserted “ in so far as it forms part of retained EU law ”.

(2) When interpreting Directive 2004/107/EC for the purposes of these Regulations—

(a) in Annex 2, in Section 2, the second paragraph is to be read as if for “Member States” there were substituted “ the Welsh Ministers ”;

(b) in Annex 3, in Section 4, point (b) is to be read as if the words “as defined by Article 2(11) of Directive 96/61/EC” were omitted; and

(c) in Annex 4, Section 1 is to be read as if for “Member State”, in each place the words occur, there were substituted “ the Welsh Ministers ”;

(d) Annex 5 is to be read as if—

(i) in Section 1, in the second paragraph, for “A Member State” there were substituted “ The Welsh Ministers ”;

(ii) in Section 2—

(aa) in the first paragraph, for “Member States are allowed to” there were substituted “ the Welsh Ministers may ”;

(bb) in the second paragraph, for “A Member State” there were substituted “ The Welsh Ministers ”;

(iii) in Section 3, in the second paragraph for “A Member State” there were substituted “ The Welsh Ministers ”;

(iv) Section 5 were omitted.]

Textual Amendments

F2 Reg. 2A inserted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(3); 2020 c. 1, Sch. 5 para. 1(1)

Designation of competent authority E+W

3.  The Welsh Ministers are designated as the competent authority for the purposes of Directive 2008/50/EC (other than for the purpose specified in Article 3(f) of that Directive) and for the purposes of Directive 2004/107/EC.

Zones and agglomerations E+W

4.—(1) The Welsh Ministers must, for the purposes of these Regulations, divide the territory of Wales into zones and agglomerations.

(2) A zone will be classified as an agglomeration if it is a conurbation with a population in excess of 250,000 inhabitants.

(3) In these Regulations references to a zone include a zone which has been classified as an agglomeration.

PART 2 E+W Assessment of ambient air quality

CHAPTER 1 E+W Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, PM₁₀, PM_2·5, lead, benzene and carbon monoxide

Assessment thresholds E+W

5.—(1) The Welsh Ministers must classify each zone according to whether or not the upper or lower assessment thresholds specified in Section A of Annex II to Directive 2008/50/EC are exceeded in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, PM₁₀, PM_2·5, lead, benzene and carbon monoxide.

(2) The Welsh Ministers must review the classification of zones in paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of the pollutants referred to in paragraph (1) in ambient air.

(3) When reviewing the classification of zones in accordance with assessment thresholds, the Welsh Ministers must comply with Section B of Annex II to Directive 2008/50/EC.

Assessment requirements E+W

6.—(1) The Welsh Ministers must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, PM₁₀, PM_2·5, lead, benzene and carbon monoxide in ambient air in each zone in accordance with paragraphs (2) to (4) and the criteria set out in Annex III to Directive 2008/50/EC.

(2) In zones where the level of any pollutant mentioned in paragraph (1) exceeds the upper assessment threshold for that pollutant referred to in regulation 5, fixed measurements must be used in relation to that pollutant, but may be supplemented by indicative measurements or modelling or both in order to provide adequate information on the spatial distribution of the ambient air quality.

(3) In zones where the level of any pollutant mentioned in paragraph (1) is at or between the upper and lower assessment thresholds for that pollutant referred to in regulation 5, fixed measurements must be used in relation to that pollutant but may be combined with indicative measurements or modelling or both.

(4) In zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant referred to in regulation 5, modelling or objective estimation techniques or both may be used instead of measurement in relation to that pollutant.

(5) Where fixed measurements are supplemented by modelling or indicative measurements then the Welsh Ministers must take account of the results of those supplementary methods in carrying out the assessment referred to in paragraph (1).

(6) In addition to the assessment referred to in paragraph (1), the Welsh Ministers must measure PM_2·5 at rural background locations away from significant sources of air pollution, in order to provide information on an annual average basis on the total mass concentration and chemical speciation concentrations of that pollutant.

(7) For the purposes of paragraph (6), measurement must be carried out in accordance with the criteria set out in Annex IV to Directive 2008/50/EC and must be coordinated with the monitoring strategy and measurement programme of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), where appropriate.

(8) The data quality objectives and requirements set out in Sections A and C of Annex I to Directive 2008/50/EC must be applied in carrying out the assessment and measurement referred to in paragraphs (1) and (6).

(9) Save as provided for in paragraph (10), measurements under this regulation must be taken in accordance with the reference measurement methods specified in Section A and Section C of Annex VI to Directive 2008/50/EC.

(10) Alternative methods to those referred to in paragraph (9) may be used provided the conditions set out in Section B of Annex VI to Directive 2008/50/EC are complied with.

(11) In this regulation, “chemical speciation concentrations” (“crynodiadau ffurfiant rhywogaethau cemegol”) means the concentrations of different chemical components or species of PM_2·5.

Location and number of sampling points E+W

7.—(1) The Welsh Ministers must install sampling points in accordance with the criteria set out in Annex III to Directive 2008/50/EC for the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, PM₁₀, PM_2·5, lead, benzene and carbon monoxide.

(2) In zones where fixed measurements are the sole source of information for the assessment of air quality in relation to any pollutant mentioned in paragraph (1), the number of sampling points for that pollutant must be greater than or equal to the minimum number specified in Section A of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with alert thresholds and limit values for the protection of human health.

(3) In zones other than agglomerations where fixed measurements are the sole source of information for the assessment of air quality in relation to sulphur dioxide or oxides of nitrogen, the number of sampling points for that pollutant must be greater than or equal to the minimum number specified in Section C of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with critical levels for the protection of vegetation.

(4) In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both–

(a) the number of sampling points specified in Section A of Annex V to Directive 2008/50/EC may be reduced by up to 50% provided that the following conditions are met–

(i) the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values and alert thresholds,

(ii) the supplementary methods provide sufficient information to inform the public as to the state of ambient air quality, and

(iii) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC and enable assessment results to meet the criteria in Section B of the same Annex; and

(b) the number of sampling points specified in Section C of Annex V to Directive 2008/50/EC may be reduced by up to 50% provided that the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC.

(5) The Welsh Ministers must install at least one sampling point for the measurement of PM_2·5 in rural background locations.

CHAPTER 2 E+W Ozone

Assessment requirements E+W

8.—(1) The Welsh Ministers must assess the level of ozone in ambient air in each zone.

(2) The Welsh Ministers must ensure, for the purposes of paragraph (1), that fixed measurements are taken in any zone where the level of ozone has exceeded the long-term objectives specified in Schedule 3 during any of the five years preceding those measurements.

(3) In any zone where fixed measurements are supplemented by modelling or indicative measurements or both, the Welsh Ministers must take account of the results of those supplementary methods for the purposes of paragraph (1).

(4) The data quality objectives and requirements set out in Sections A and C of Annex I to Directive 2008/50/EC must be applied in carrying out the assessment referred to in paragraph (1).

(5) Save as provided in paragraph (6), measurements for the purposes of paragraph (1) must be taken in accordance with the reference measurement methods specified in point 8 of Section A of Annex VI to Directive 2008/50/EC.

(6) Alternative methods to those referred to in paragraph (5) may be used provided the conditions set out in Section B of Annex VI to Directive 2008/50/EC are complied with.

Location and number of sampling points E+W

9.—(1) The Welsh Ministers must install sampling points in accordance with the criteria set out in Annex VIII to Directive 2008/50/EC for the assessment of ozone.

(2) In zones where fixed measurements are the sole source of information for the assessment of air quality, the number of sampling points must be greater than or equal to the minimum number specified in Section A of Annex IX to Directive 2008/50/EC.

(3) In zones where the level of ozone has been below the long-term objectives for each of the previous five years of measurement, the number of sampling points must be determined in accordance with the criteria set out in Section B of Annex IX to Directive 2008/50/EC.

(4) In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both, the number of sampling points referred to in paragraph (2) may be reduced provided that the following conditions are met–

(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives and information and alert thresholds,

(b) the number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the level of ozone to be established in accordance with the data quality objectives set out in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria specified in Section B of the same Annex,

(c) there is at least one sampling point in each zone, with a minimum of one sampling point per two million inhabitants or one sampling point per 50,000 km2, whichever produces the greater number of sampling points, and

(d) nitrogen dioxide is measured at all remaining sampling points except those that are rural background stations.

(5) The Welsh Ministers must ensure that nitrogen dioxide is measured at no less than 50% of the sampling points required under Section A of Annex IX to Directive 2008/50/EC.

(6) The measurement referred to in paragraph (5) must be continuous except at rural background stations.

(7) In this regulation, “rural background stations” (“gorsafoedd cefndir gwledig”) has the meaning given by Section A of Annex VIII to Directive 2008/50/EC.

CHAPTER 3 E+W Arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons

Assessment thresholds E+W

10.—(1) The Welsh Ministers must classify each zone according to whether or not the upper or lower assessment thresholds specified in Section I of Annex II to Directive 2004/107/EC are exceeded in relation to arsenic, cadmium, nickel and benzo(a)pyrene.

(2) The Welsh Ministers must review the classification of zones in paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of the pollutants referred to in paragraph (1) in ambient air.

(3) When reviewing the classification of zones in accordance with assessment thresholds, the Welsh Ministers must comply with Section II of Annex II to Directive 2004/107/EC.

Assessment requirements E+W

11.—(1) The Welsh Ministers must assess the level of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in each zone in accordance with paragraphs (2) to (4).

(2) In zones where the level of any pollutant mentioned in paragraph (1) exceeds the upper assessment threshold for that pollutant referred to in regulation 10, fixed measurements must be used in relation to that pollutant, but may be supplemented by modelling in order to provide an adequate level of information on ambient air quality.

(3) In zones where the level of any pollutant mentioned in paragraph (1) is between the upper and lower assessment thresholds for that pollutant referred to in regulation 10 over a representative period, fixed measurements must be used in relation to that pollutant but may be combined with indicative measurements as referred to in Section I of Annex IV to Directive 2004/107/EC or modelling, or both.

(4) In zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant referred to in regulation 10, modelling or objective estimation techniques or both may be used instead of measurement in relation to that pollutant.

(5) In addition to the assessment referred to in paragraphs (1) to (4), the Welsh Ministers must monitor concentrations of other relevant polycyclic aromatic hydrocarbons in addition to benzo(a)pyrene as the Welsh Ministers think fit, including at least the following—

(a) benzo(a)anthracene,

(b) benzo(b)fluoranthene,

(c) benzo(j)fluoranthene,

(d) benzo(k)fluoranthene,

(e) indeno(1,2,3-cd)pyrene,

(f) dibenz(a,h)anthracene.

(6) The Welsh Ministers must, in addition, operate background sampling points to provide indicative measurements of—

(a) the concentrations of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph (5) in ambient air, and

(b) the total deposition rates of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph (5).

(7) Measurements for the purposes of paragraph (6) must be coordinated with the monitoring strategy and measurement programme of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), where appropriate.

(8) The data quality objectives and requirements set out in Annex IV to Directive 2004/107/EC must be applied in carrying out the assessments referred to in paragraphs (1), (5) and (6).

(9) Measurements in this regulation must be taken in accordance with the reference measurement methods specified in Annex V to Directive 2004/107/EC.

(10) In this regulation, “total gaseous mercury” (“mercwri nwyol llwyr”) means elemental mercury vapour (Hg0) and reactive gaseous mercury, being water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.

Location and number of sampling points and monitoring sites E+W

12.—(1) The Welsh Ministers must install sampling points in accordance with the criteria set out in Sections I, II and IV of Annex III to Directive 2004/107/EC for the assessment of arsenic, cadmium, nickel and benzo(a)pyrene.

(2) The Welsh Ministers must ensure that monitoring sites for polycylic aromatic hydrocarbons other than benzo(a)pyrene—

(a) are located together with sampling points for benzo(a)pyrene,

(b) are located in accordance with the criteria set out in Sections I to III of Annex III to Directive 2004/107/EC, and

(c) are selected so that geographical variations and long-term trends in the concentrations of polycyclic aromatic hydrocarbons can be identified.

(3) The Welsh Ministers must ensure that—

(a) at least one background sampling point is installed to provide indicative measurements for the purposes of paragraph (6) of regulation 11,

(b) such background sampling points are located in accordance with the criteria set out in Sections I to III of Annex III to Directive 2004/107/EC, and

(c) such background sampling points are selected so that geographical variations and long-term trends in the concentrations and total deposition rates of the relevant pollutants can be identified.

PART 3 E+W Duties of Welsh Ministers in relation to limit values etc.

Duty in relation to limit values E+W

13.—(1) Subject to paragraph (2), the Welsh Ministers must ensure that levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead, PM₁₀ and PM_2·5 do not exceed the limit values set out in Schedule 1 in any zone.

(2) Where the date for achieving the limit values for nitrogen dioxide is postponed in any zone in accordance with regulation 15(2), the Welsh Ministers must ensure that the level of nitrogen dioxide in that zone does not exceed the limit value for that pollutant set out in Schedule 1 by more than 50%.

(3) In zones where the level of any pollutant mentioned in paragraph (1) is below the limit value set out in Schedule 1 for that pollutant, the Welsh Ministers must ensure that the level of that pollutant is maintained below that limit value and must endeavour to maintain the best ambient air quality compatible with sustainable development.

[F3 (4) Where the Welsh Ministers consider that a limit value has been exceeded for a reason attributable to natural sources, that limit value will not be considered to be exceeded for the purposes of these Regulations.

(5) Where the Welsh Ministers consider that a limit value has been exceeded for a reason attributable to natural sources in accordance with paragraph (4), the Welsh Ministers must publish information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.]

Textual Amendments

F3 Reg. 13(4)(5) substituted for reg. 13(4) (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

Duty in relation to target values E+W

14.—(1) The Welsh Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that levels of PM_2·5, ozone, arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values in Schedule 2 in any zone.

(2) The Welsh Ministers must draw up a list of all zones where the levels of arsenic, cadmium, nickel or benzo(a)pyrene are below the target values set out in Schedule 2 for those pollutants.

(3) In relation to zones listed under paragraph (2), the Welsh Ministers must ensure that the level of any pollutant that is below its target value is maintained below that target value and must endeavour to maintain the best ambient air quality compatible with sustainable development.

(4) The Welsh Ministers must draw up a list of all zones where the target values for arsenic, cadmium, nickel or benzo(a)pyrene are exceeded.

(5) In relation to zones listed under paragraph (4), the Welsh Ministers must—

(a) identify the areas where the target values are exceeded and the sources contributing to those exceedances; and

(b) ensure that the measures taken in accordance with paragraph (1) are directed at the predominant sources of emission which have been identified and that those measures apply, where relevant, the best available techniques in accordance with [F4 the Environmental Permitting (England and Wales) Regulations 2016].

(6) In zones where the level of ozone exceeds the target value set out in Schedule 2 for that pollutant, the Welsh Ministers must ensure that the programme prepared pursuant to [F5 regulation 9 of the National Emission Ceilings Regulations 2018] is implemented to attain the target value, unless this value cannot be achieved other than through measures that would entail disproportionate costs.

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in reg. 14(5)(b) substituted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(5)(a) (as amended by S.I. 2020/1215, regs. 1(2), 3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 14(6) substituted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 14(7) omitted (31.12.2020) by virtue of The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Date of application for limit values and target values E+W

15.—(1) Subject to paragraph (2), limit values and target values apply—

(a) from the date specified for each limit value or target value concerned in Schedules 1 or 2, or

(b) when these Regulations come into force, if no date is specified in those Schedules.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 15(2) omitted (31.12.2020) by virtue of The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(6); 2020 c. 1, Sch. 5 para. 1(1)

Duty in relation to long-term objectives for ozone E+W

16.—(1) The Welsh Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to attain the long-term objectives for ozone set out in Schedule 3 in each zone.

(2) Measures taken pursuant to paragraph (1) must be consistent with the programme referred to in paragraph (6) of regulation 14 and the air quality plans prepared in accordance with regulation 20.

(3) In zones where the long-term objectives for ozone have been attained, the Welsh Ministers must, insofar as factors including meteorological conditions and the transboundary nature of ozone pollution permit—

(a) ensure that they continue to be met,

(b) maintain the best ambient air quality compatible with sustainable development, and

(c) maintain a high level of protection for the environment and human health.

Duty in relation to information and alert thresholds for the protection of human health E+W

17.  Where any of the information or alert thresholds set out in Schedule 4 are exceeded in any zone, the Welsh Ministers must inform the public by means of radio, television, newspapers or the internet.

Duty in relation to critical levels for the protection of vegetation E+W

18.  The Welsh Ministers must ensure that the critical levels set out in Schedule 5 are not exceeded in any zone.

PART 4 E+W National exposure reduction for PM_2·5

Duty of the Welsh Ministers to limit exposure to PM_2·5 E+W

19.—(1) The Welsh Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to reduce exposure to PM_2·5 with a view to attaining the national exposure reduction target by 2020.

(2) The Welsh Ministers must ensure that all appropriate measures are taken with a view to ensuring that the average exposure indicator for 2015 does not exceed 20 μg/m³.

(3) In this regulation—

“average exposure indicator” (“dangosydd cysylltiad cyfartaleddog”) means the indicator for PM_2·5 calculated by the Secretary of State in accordance with regulation 23 of the Air Quality Standards Regulations 2010 M4 ; and

“national exposure reduction target” (“targed cenedlaethol ar gyfer lleihau cysylltiad”) means the target for PM_2·5 established by the Secretary of State in accordance with regulation 24 of those Regulations.

Marginal Citations

M4 S.I. 2010/1001.

PART 5 E+W Plans

Air quality plans E+W

20.—(1) Where the level of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead or PM₁₀ in ambient air exceeds any of the limit values in Schedule 1 in any zone, or where the level of PM_2·5 in ambient air exceeds the relevant target value in Schedule 2 in any zone, then, subject to paragraph (2), the Welsh Ministers must draw up and implement an air quality plan to achieve the relevant limit value or target value in that zone.

(2) Where the Welsh Ministers have designated zones within which limit values for PM₁₀ are exceeded due to the re-suspension of particulates following winter sanding or salting, F8 ... the Welsh Ministers' duty under paragraph (1) applies to those zones only in so far as the exceedances of those limit values are attributable to PM₁₀ sources other than winter sanding or salting.

(3) Where the level of ozone in ambient air exceeds any of the target values for ozone in Schedule 2 in any zone, the Welsh Ministers must, if appropriate, draw up and implement an air quality plan to achieve the relevant target value unless the measures necessary to achieve that target value would entail disproportionate cost.

(4) An air quality plan under paragraph (1) or (3) must include measures intended to ensure compliance with any relevant limit value within the shortest possible time.

(5) If, at any time before 31 December 2014, the level of PM_2·5 in ambient air in any zone exceeds the level calculated by applying the margin of tolerance for that pollutant in Schedule 1 to the relevant limit value in that Schedule, the Welsh Ministers must draw up and implement an air quality plan to achieve that limit value in that zone.

(6) An air quality plan must include the information listed in Schedule 6.

[F9 (7) Wherever possible, air quality plans must be consistent with—

(a) the Transitional National Plan, which has the meaning given in regulation 2(1) of the Large Combustion Plants (Transitional National Plan) Regulations 2015;

(b) a national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018;

(c) an action plan drawn up in accordance with Part 4 of the Environmental Noise (Wales) Regulations 2006.]

(8) Where an air quality plan is required in relation to more than one pollutant in any zone, the Welsh Ministers must, where appropriate, draw up and implement an integrated plan for that zone in relation to all pollutants concerned.

[F10 (9) The air quality plan must include an assessment of the need to apply lower emission limit values for individual medium combustion plants than those set out in Directive 2015/2193/EU of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (“the Medium Combustion Plant Directive”) provided that, in the opinion of the Welsh Ministers, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.

(10) In considering whether to impose lower emission limit values, the Welsh Ministers must take into account the results of the information exchange referred to in Article 6(10) of the Medium Combustion Plant Directive.

(11) In this regulation—

“emission limit values” has the meaning given in paragraph 5 of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016, and

“medium combustion plants” has the meaning given in paragraph 2(1) of Schedule 25A to those Regulations.]

Textual Amendments

F8 Words in reg. 20(2) omitted (31.12.2020) by virtue of The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 20(7) substituted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 20(9)-(11) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 19(2)

Short-term action plans E+W

21.—(1) Where, in any zone, there is a risk that the level of sulphur dioxide or nitrogen dioxide will exceed one or more of the alert thresholds set out in Schedule 4, the Welsh Ministers must draw up and implement a short-term action plan.

(2) A short-term action plan must set out the measures intended to reduce the risk of the alert thresholds being exceeded, or, in the event of those thresholds being exceeded, to reduce the duration of such an incident.

(3) Where, in any zone, the level of ozone exceeds the alert threshold set out in Schedule 4 or there is a risk that it will exceed that threshold, the Welsh Ministers must draw up and implement a short-term action plan taking into account Decision 2004/279/EC M5 , if of the opinion that it is reasonably likely that the risk, severity or duration of such an incident can be reduced taking into account geographical, meteorological and economic conditions.

(4) For the purposes of paragraph (3), the level must exceed or be predicted to exceed the alert threshold for at least three consecutive hours.

(5) Short-term action plans may also be drawn up where there is a risk that any of the limit values or target values set out in Schedules 1 and 2 will be exceeded.

Marginal Citations

M5 OJ No. L 87, 25.3.04, p. 50.

Public participation in drawing up air quality and short-term action plans E+W

22.—(1) The Welsh Ministers must consult the public where the Welsh Ministers propose to prepare, modify or review an air quality plan or a short-term action plan.

(2) Where paragraph (1) applies, the Welsh Ministers must—

(a) inform the public as to the proposal, any relevant background information and the right of the public to participate in the drawing up of the plan,

(b) specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation, and

(c) take account of the results of the consultation in drawing up the plan.

(3) When the plan is published, the Welsh Ministers must also provide information to the public as to the reasons for the contents of the plan together with information about the public participation process that has been carried out.

PART 6 E+W Public information

Public information E+W

23.—(1) The Welsh Ministers must make the following available to the public and appropriate interested organisations—

(a) a map identifying the zones established under regulation 4;

(b) up-to-date information given on at least a daily basis, and if possible on an hourly basis on levels of sulphur dioxide, nitrogen dioxide, PM₁₀, ozone, carbon monoxide and, if possible, PM_2·5;

(c) up-to-date information on levels of benzene and lead, presented as an average over the last twelve months, and updated every three months or if possible every month;

(d) up-to-date information as to any postponement of the date by which limit values for nitrogen dioxide are to be achieved pursuant to paragraph (2) of regulation 15;

(e) up-to-date information about cases where the limit values, target values or long-term objectives for sulphur dioxide, nitrogen dioxide, benzene, lead, PM₁₀, PM_2·5, carbon monoxide and ozone set out in Schedules 1 to 3 have been exceeded, together with the reasons for such cases and appropriate information regarding effects on health and the environment;

(f) up-to-date information about actual or predicted exceedances of the alert or information thresholds for sulphur dioxide, nitrogen dioxide and ozone set out in Schedule 4, together with the reasons for such cases and appropriate information regarding effects on health;

(g) up-to-date information about cases where the critical values for oxides of nitrogen and sulphur dioxide set out in Schedule 5 have been exceeded, together with the reasons for such cases and appropriate information regarding effects on the environment;

(h) up-to-date information on concentrations and total deposition rates of arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons;

(i) up-to-date information about cases where target values for arsenic, cadmium, nickel and benzo(a)pyrene have been exceeded, together with reasons for such cases, the area concerned, and appropriate information regarding effects on health and the environment;

(j) information on measures taken to achieve target values for arsenic, cadmium, nickel and benzo(a)pyrene;

(k) air quality plans; and

(l) short-term action plans, together with the results of the Welsh Ministers' investigations into the feasibility and content of those plans and information on their implementation.

(2) The information in paragraph (1)(f) must be made available in accordance with Schedule 7.

(3) Information must be distributed free of charge in a clear and comprehensible manner via any easily accessible media including the internet or other appropriate means of telecommunication and take into account the requirements of Directive 2007/2/EC of the European Parliament and of the Council on establishing an infrastructure for spatial information in the European Community M6 [F11 in so far as it has been transposed into the law that applies in Wales].

(4) For the purposes of this Part, “interested organisations” includes, in particular, environmental organisations, consumer organisations, organisations representing sensitive populations, relevant healthcare bodies and industrial federations.

Textual Amendments

F11 Words in reg. 23(3) inserted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(8); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M6 OJ No L 108, 25.4.07, p. 1.

Annual reports E+W

24.—(1) The Welsh Ministers must publish annual reports for all the pollutants.

(2) Annual reports must contain the following information—

(a) details of all cases where levels of pollutants have exceeded limit values, target values, long-term objectives and information and alert thresholds set out in Schedules 1 to 4 for the relevant averaging periods; and

(b) a summary assessment of the effects of these cases.

(3) Annual reports may contain further information where appropriate, including assessments on forest protection and information as to ozone precursor substances listed in Section B of Annex X to Directive 2008/50/EC as the Welsh Ministers think appropriate.

PART 7 E+W Revocations

Revocations E+W

25.  The Air Quality Standards (Wales) Regulations 2007 M7 are revoked.

Marginal Citations

M7 S.I. 2007/717 (W.63).

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers