Air Quality Standards Regulations 2011.

• Jurisdiction: Ireland
• Citation: IR SI 180/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th April, 2011.

I, PHIL HOGAN, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 2008/50/EC1 of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Air Quality Standards Regulations 2011.

Entry into Force

2. These Regulations shall come into effect on 12 April 2011.

Definitions

3. (1) In these Regulations—

“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Commission” means the Commission of the European Communities;

“Department” means the Department of the Environment, Heritage and Local Government;

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

“Local authority" means-

(a) a county council, and

(b) a city council,

within the meaning of the Local Government Act 2001 ;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“particulate matter” means PM2.5 and PM10;

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Scope

4. These Regulations:

(a) make provisions necessary for the implementation of Directive 2008/50/EC on ambient air quality and cleaner air for Europe;

(b) establish limit values and, as appropriate, alert thresholds for concentrations of certain pollutants in ambient air intended to avoid, prevent or reduce harmful effects on human health and the environment as a whole;

(c) provide for the assessment of concentrations of certain pollutants in ambient air on the basis of methods and criteria common to the Member States of the European Communities;

(d) provide for the obtaining of adequate information on concentrations of certain pollutants in ambient air and ensure that it is made available to the public, inter alia by means of alert thresholds; and

(e) provide for the maintenance of ambient air quality where it is good and the improvement of ambient air quality in other cases with respect to certain pollutants.

Competent Authority

5. (1) For the purposes of these Regulations and the Directive the Environmental Protection Agency is the competent authority responsible for—

(a) assessing ambient air quality in the territory of the State;

(b) approving, or causing to be approved, such ambient air quality measuring devices (including but not limited to methods, equipment, networks and laboratories) as are deemed necessary by the Agency for the implementation of the Directive;

(c) ensuring, or causing to be ensured, the accuracy of the measurement by measuring devices and checking, or causing to be checked, the maintenance of such accuracy by those devices, in particular by internal quality controls carried out in accordance, inter alia, with the requirements of European quality assurance standards;

(d) the analysis of assessment methods;

(e) co-ordination within the State of Community-wide quality assurance programmes organised by the Commission of the European Communities; and

(f) co-operation with the other Member States and the Commission.

(2) Where relevant the Agency shall comply with the quality assurance for ambient air quality assessment requirements set out in Schedule 1.

(3) Where a local authority is monitoring, or proposes to monitor, any pollutant within the scope of these Regulations, it shall consult with the Agency as regards the arrangements to satisfy the monitoring requirements under these Regulations.

(4) For the purpose of ensuring compliance with these Regulations the Agency may give instruction to a local authority in relation to monitoring, reporting and the implementation of measures necessary for effective pollution control and preservation of best ambient air quality.

Zones

6. (1) The Agency shall establish zones and agglomerations throughout the territory of the State for the purpose of air quality assessment and air quality management.

(2) The Agency must review the classification of zones 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 pollutants in ambient air.

(3) Exceedances of upper and lower assessment thresholds shall be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.

(4) Where fewer than five years’ data are available, the Agency may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

(5) Where measurements are supplemented by modelling or indicative measurement then the Agency must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.

Assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide

Assessment thresholds

7. (1) The upper and lower assessment thresholds specified in Schedule 2, shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.

(2) The Agency shall classify each zone according to whether or not the upper or lower assessment thresholds have been exceeded.

(3) The alert threshold for concentrations of sulphur dioxide and nitrogen dioxide in ambient air shall be that specified in Schedule 12.

Assessment criteria

8. (1) The Agency must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones.

(2) In all zones where the level of those pollutants exceeds the upper assessment threshold referred to in Regulation 7(1), fixed measurements must be used, but may be supplemented by modelling or indicative measurements or both in order to provide adequate information on the spatial distribution of the ambient air quality.

(3) In all zones where the level of those pollutants is below the lower assessment threshold referred to in Regulation 7(1), modelling or estimation techniques or both may be used instead of measurement.

(4) In all other zones a combination of fixed measurements together with modelling or indicative measurements or both may be used.

(5) The Agency must measure PM2.5 at a rural background location 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 in line, where appropriate, with the following criteria:

(a) monitoring shall 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); and

(b) measurements for determining the total mass concentration must be carried out in accordance with the criteria set out in sections A and C of Schedule 1 and 4.

(6) The Agency shall inform the Commission of the measurement methods used in the measurement of the chemical composition of PM2.5.

(7) Measurements must be taken in accordance with the reference measurement methods specified in Section A and Section C of Schedule 6.

(8) Alternative methods to those referred to in Regulation 8.7 may be used provided the conditions set out in Section B of Schedule 6 are complied with.

Location and number of sampling points

9. (1) The Agency shall determine the location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in accordance with the criteria specified in Schedule 3.

(2) In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Schedule 5 for the purpose of assessing compliance with limit values and alert thresholds.

(3) In zones other than agglomerations where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section C of Schedule 5 for the purpose of assessing compliance with critical levels for the protection of vegetation.

(4) In zones where the information from fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of sampling points in either Section A or C of Schedule 5 may be reduced by up to 50% provided that the following conditions are met:

(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds;

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

(c) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for...