Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 659/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2017.

I, DENIS NAUGHTEN, Minister for the Communications, Climate Action & Environment, in exercise of the powers conferred on me by Sections 10 , 20 , 21 , 46 , 47 , 49 , 50 and 52 of the Air Pollution Act 1987 (No. 6 of 1987) and by sections 6 (as amended by Section 8 of the Protection of the Environment Act 2003 (No. 27 of 2003)), 53, 54, 56 and 80 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and by the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 (as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 421 of 2016 ) and by Section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 2015/1480/EU1 amending several annexes to Directives 2004/107/EC2 and 2008/50/EC3 of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality, hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.

Commencement

2. (1) These Regulations shall come into operation on 28th December 2016.

Definitions

3. In these Regulations:

“Regulations of 2009” means the Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2009 ( S.I. No. 58 of 2009 );

“Regulations of 2011” means the Air Quality Standards Regulations 2011. ( S.I. No. 180 of 2011 ).

Amendments to the Regulations of 2009

4. The Regulations of 2009 are amended as follows:

(1) In Part 1 of Schedule IV, by the substitution of the following for the table:

“

‘Benzo(a) pyrene Arsenic, cadmium and nickel Polycyclic aromatic hydrocarbons other than benzo(a) pyrene, total gaseous mercury Total deposition — Uncertainty Fixed and indicative measurements 50% 40% 50% 70% Modelling 60% 60% 60% 60% — Minimum data capture 90% 90% 90% 90% — Minimum time coverage Fixed measurements(1) 33% 50% Indicative measurements(1) (2) 14% 14% 14% 33%

(1) Distributed over the year to be representative of various conditions for climate and anthropogenic activities

(2) Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives”;

(2) In Part 1 of Schedule IV, by the deletion of the following sentence:

“Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations.”;

(3) In Part 1 of Schedule IV, by the insertion of the following paragraph after the paragraph ending ‘For the measurement of deposition rates, monthly or weekly samples throughout the year are recommended.’:

“The provisions on individual samples in the previous paragraph apply also to arsenic, cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM10 filters for metals for subsequent analysis is allowed, providing there is evidence that the sub-sample is representative of the whole and that the detection sensitivity is not compromised when compared with the relevant data quality objectives. As an alternative to daily sampling, weekly sampling for metals in PM10 is allowed provided that the collection characteristics are not compromised.”;

(4) By the substitution of the following for Parts 1-4 of Schedule V:

“

1. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air

The reference method for the sampling of arsenic, cadmium and nickel in ambient air is described in EN 12341:2014. The reference method for the measurement of arsenic, cadmium and nickel in ambient air is that described in EN 14902:2005 “Ambient air quality — Standard method for the measurement of Pb, Cd, As and Ni in the PM10 fraction of suspended particulate matter”.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.

2. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air

The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient air is described in EN 12341:2014. The reference method for the measurement of benzo(a) pyrene in ambient air is that described in EN 15549:2008 “Air quality — Standard method for the measurement of concentration of benzo[a]pyrene in ambient air”. In the absence of a CEN standard method for the other polycyclic aromatic hydrocarbons referred to in article 12, Member States are allowed to use national standards methods or ISO methods such as ISO standard 12884.

A Member State may also use any other method which it can demonstrate give results equivalent to the above method.

3. Reference method for the sampling and analysis of mercury in ambient air

The reference method for the measurement of total gaseous mercury concentrations in ambient air is that described in EN 15852:2010 “Ambient air quality — Standard method for the determination of total gaseous mercury”.

A Member State may also use any other method which it can demonstrate give results equivalent to the above method.

4. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons

The reference method for the determination of the deposition of arsenic, cadmium, and nickel is that described in EN 15841:2009 “Ambient air quality — Standard method for determination of arsenic, cadmium, lead and nickel in atmospheric deposition”.

The reference method for the determination of the deposition of mercury is that described in EN 15853:2010 “Ambient air quality — Standard...