Statutory Instruments made by the National Assembly for Wales

"action plan" ("cynllun gweithredu") means an action plan required by regulation 11;

"agglomeration" ("crynhoad") has the meaning given in regulation 5(2);

"air quality standards" ("safonau ansawdd aer") means limit values, target values and long-term objectives;

"alert threshold" (trothwy rhybuddio”) means an alert threshold set out in Schedule 3;

"ambient air" ("aer amgylchynol") means outdoor air in the troposphere, excluding work places;

"assessment" ("asesu") means any method used to measure, calculate, predict or estimate the concentration of a pollutant;

"attainment date" (dyddiad cyrhaeddiad”) means a date by which—

(a) a limit value is required to be attained; or

(b) a target value should be attained, insofar as this is possible;

"concentration" ("crynodiad") means—

(a) for pollutants other than Group B pollutants, the concentration of the relevant pollutant in ambient air; or

(b) for Group B pollutants, the total content of the relevant pollutant in the PM₁₀ fraction in ambient air,

and, in both cases, a reference to a concentration is to a concentration assessed by the National Assembly in accordance with these Regulations;

"Group A pollutants" ("llygryddion Grŵp A") means benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, PM₁₀ and sulphur dioxide;

"Group B pollutants" ("llygryddion Grŵp B") means arsenic, benzo(a)pyrene, cadmium and nickel and their compounds;

"improvement plan" ("cynllun gwella") means an improvement plan required by regulation 8;

"information threshold" ("trothwy gwybodaeth") means the information threshold set out in Part 2 of Schedule 3;

"limit value" ("gwerth terfyn") means a maximum permitted concentration of a Group A pollutant set out in Part 1 of Schedule 1;

"long-term objective" ("amcan hirdymor") means a maximum concentration of ozone set out in Part 4 of Schedule 1;

"margin of tolerance" ("ffin goddefaint") means an amount specified in Part 2 of Schedule 1 by which a limit value may be exceeded;

"oxides of nitrogen" (ocsidau 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;

"ozone precursor substances" (rhagsylweddau osôn”) means substances which contribute to the formation of ground level ozone, as referred to by regulation 18(1);

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

"PM₁₀" means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10µm aerodynamic diameter, in relation to which, in the case of assessments of Group B pollutants, the inlet is defined in EN 12341;

"pollutant" ("llygrydd") means—

(a) any Group A pollutant;

(b) any Group B pollutant;

(c) ozone; or

(d) any pollutant to which Part 3 of these Regulations applies;

"polycyclic aromatic hydrocarbons" ("hydrocarbonau aromatig polysyclig") means—

(a) those compounds listed at regulation 19(2); and

(b) any other polycyclic aromatic hydrocarbons the National Assembly chooses to monitor under regulation 19(1)(b);

"rural background station" ("gorsaf cefndir gwledig") is to be interpreted in accordance with Part 3 of Schedule 5;

"target value" ("gwerth targed") means a maximum concentration of a Group B pollutant as set out in Part 3 of Schedule 1 or ozone as set out in Part 4 of that Schedule; and

"zone" ("parth") means one of the parts of the territory into which the National Assembly has divided Wales under regulation 5(1) for the purposes of Part 2 of these Regulations; and references to a zone, unless the context indicates otherwise, include an agglomeration.

    (2) Other words and expressions used in these Regulations have the same meaning as in the following Directives—

(a) Group A pollutants;

(b) Group B pollutants; and

(c) ozone.

    (2) The National Assembly must ensure that all measures taken under Chapter 2 or 3 of this Part—

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

(b) have no significant negative effects on—


(i) any other member State, or

(ii) any other part of the United Kingdom.

(a) one or more Group A pollutants are below the relevant limit values;

(b) one or more Group B pollutants are below the relevant target values; or

(c) ozone meet the long-term objectives.

    (2) Where sub-paragraph (a) or (b) of paragraph (1) applies, the National Assembly must, in respect of each pollutant meeting the conditions set out in those sub-paragraphs, maintain compliance with the relevant limit or target values and endeavour to preserve the lowest concentration which it considers to be compatible with sustainable development.

    (3) Where paragraph (1)(c) applies, the National Assembly must—

(a) ensure that concentrations are kept at or below the long-term objectives, insofar as the transboundary nature of ozone pollution, meteorological conditions and any other similar factors permit; and

(b) preserve through proportionate measures the lowest concentrations of ozone which it considers to be compatible with sustainable development and a high level of protection for the environment and human health.

(a) the assessment concerns a Group A pollutant within an agglomeration; or

(b) concentrations of a pollutant have exceeded the upper assessment threshold,

assessment is required to be by means of fixed measurement.

    (3) In cases where paragraph (2) does not apply and, in the case of nitrogen dioxide, subject to regulation 15(7), the National Assembly may use the following assessment methods in relation to Group A pollutants and Group B pollutants—

(a) a combination of—


(i) fixed measurement, and

(ii) modelling techniques,



provided that concentrations of the relevant pollutant have, over a representative period, been below the upper assessment threshold; or

(b) the sole use of either modelling or objective estimation techniques, provided that—



(i) paragraph (4) does not apply, and

(ii) concentrations of the relevant pollutant have, over a representative period, been below the lower assessment threshold.

    (4) The National Assembly must not use the methods referred to at paragraph (3)(b) to assess nitrogen dioxide or sulphur dioxide within an agglomeration.

    (5) For the purposes of paragraphs (2) and (3)—

(a) the upper and lower assessment thresholds are specified for Group A pollutants in Part 1 of Schedule 4 and for Group B pollutants in Part 2 of that Schedule; and

(b) the representative period is to be interpreted in accordance with Part 3 of that Schedule.

    (6) The National Assembly must review the method by which Group A pollutants and Group B pollutants are assessed within each zone—

(a) in the event of significant changes in activities affecting concentrations of a pollutant within that zone; and

(b) in any event, at least once in every five years.

    (7) The National Assembly must assess concentrations of ozone by fixed continuous measurement if, within the zone concerned, concentrations have exceeded a long-term objective during any of the previous five years of measurement.

    (8) In cases where fewer than five years' data is available, the National Assembly may assess concentrations of ozone by combining the following—

(a) measurement campaigns of short duration at times and locations which it considers are likely to be typical of the highest pollution levels; and

(b) results from emission inventories and modelling.

(a) choose the number of measuring stations it considers necessary;

(b) insofar as possible, co-locate the measuring stations with any sampling points established for PM₁₀ in accordance with regulation 15(1), or


(ii) in any other case, locate the measuring stations in accordance with the principles set out in Parts 1, 4 and 5 of Schedule 5 as they apply to PM₁₀;



(c) use reference methods for sampling and measurement that it considers suitable; and

(d) have regard to the data quality objectives set out in Part 1 of Schedule 8.

(a) up-to-date information is made available to the public in accordance with this Part; and

(b) the public is given an opportunity to participate in the formulation of improvement plans in accordance with regulation 28.

    (2) The National Assembly must ensure that the information to which this Part relates is—

(a) made available in a form that is clear, comprehensible and accessible;

(b) disseminated or published by the most appropriate means as it may determine, including (but not necessarily limited to) broadcast media, press, publications, information screens, the internet or other computer network sources; and

(c) up-dated—


(i) in accordance with a minimum frequency specified in these Regulations, or

(ii) in other cases, as soon as practicable.

(a) all values must be expressed in µg/m³;

(b) the volume must be standardised at the following conditions of temperature and pressure: 293K and 101.3kPa;

(c) the time must be specified in Central European Time;

(d) "AOT40" (expressed in (µg/m³) hours) means the sum of the difference between hourly concentrations greater than 80 µg/m³ (which equals 40 parts per billion) and 80 µg/m³ over a given period using only the 1 hour values measured between 8:00 and 20:00 Central European Time each day; and

(e) in order to be valid, the annual data on exceedances used to check compliance with the target values and long-term objectives below must meet the criteria set out in Part 2 of Schedule 12.

Target values

	Parameter	Target value for 2010(¹)
Target value for the protection more of human health	Maximum daily 8-hour mean(²)	120 µg/m³ not to be exceeded on than 25 days per calendar year averaged over three years(³)
Target value for the protection of vegetation	AOT 40, calculated from 1-hour values from May to July	18,000 µg/m³.h averaged over five years(³)

⁽¹⁾ Compliance with target values will be assessed as of this value; that is, 2010 will be the first year the data for which is used in calculating compliance over three or five years, as appropriate.

⁽²⁾ The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends; that is, the first calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on the day.

⁽³⁾ If the three or five-year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values will be as follows: (i) for the target value for the protection of human health, valid data for one year, and (ii) for the target value for the protection of vegetation, valid data for three years.

Long-term objectives

	Parameter	Long-term objective
Long-term objective for the protection of human health	Maximum daily 8-hour mean within a calendar year	120 µg/m³
Long-term objective for the protection of vegetation	AOT40, calculated from 1-hour values from May to July	6,000 µg/m³.h

(a) region;

(b) city (map); and

(c) measuring station (map, geographical coordinates).

     2. General information—

(a) type of zone (city, industrial or rural area);

(b) estimate of the polluted area (km²) and of the population exposed to the pollution;

(c) useful climatic data;

(d) relevant data on topography; and

(e) sufficient information on the type of targets requiring protection in the zone.

     3. Responsible authorities (names and addresses of persons responsible for the development and implementation of improvement plans).

     4. Nature and assessment of pollution—

(a) concentrations observed over previous years (before the implementation of the improvement measures);

(b) concentrations measured since the beginning of the project; and

(c) techniques used for the assessment.

     5. Origin of pollution—

(a) list of the main emission sources responsible for pollution (map);

(b) total quantity of emissions from these sources (tonnes/year); and

(c) information on pollution imported from other regions.

     6. Analysis of the situation—

(a) details of those factors responsible for the excess (transport, including cross-border transport, formation); and

(b) details of possible measures for improvement of air quality.

     7. Details of those measures or projects for improvements which existed prior to 21 November 1996—

(a) local, regional, national and international measures; and

(b) observed effects of these measures.

     8. Details of those measures or projects adopted with a view to reducing pollution following 21 November 1996—

(a) listing and description of all the measures set out in the project;

(b) timetable for implementation; and

(c) estimate of the improvement of air quality planned and of the expected time required to attain these objectives.

     9. Details of the measures or projects planned or being researched for the long term.

     10. List of the publications, documents and work used to supplement information required by this Schedule.

(a) the areas within zones where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value; and

(b) concentrations in other areas within the zones which are representative of the exposure of the general population.

     2. Sampling points should in general be sited to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be sited to be representative of air quality in a surrounding area of no less than 200 m² at traffic-orientated sites and of several square kilometres at urban-background sites.

     3. Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity.

     4. Account should be taken of the need to locate sampling points on islands, where that is necessary for the protection of human health.

Protection of ecosystems and vegetation
     5. Sampling points targeted at the protection of ecosystems or vegetation should be sited more than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or motorways. As a guideline, a sampling point should be sited to be representative of air quality in a surrounding area of at least 1000 km². A sampling point may be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions.

     6. Account should be taken of the need to assess air quality on islands.

(a) the areas within zones where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;

(b) concentrations in other areas within zones which are representative of the exposure of the general population;

(c) deposition rates representing the indirect exposure of the population through the food chain.

     8. Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200 m² at traffic-orientated sites, at least 250 m ×; 250 m at industrial sites, where feasible, and several square kilometres at urban-background sites.

     9. Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres.

     10. Where contributions from industrial sources are to be assessed, at least one sampling point must be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point must be situated within the main wind direction. In particular, where regulation 9(1)(a) applies, the sampling points should be sited such that the application of the measures referred to at regulation 7(2)(b) can be monitored.

     11. Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate, they should be co-located with sampling points for PM₁₀.

(a) the flow around the inlet sampling probe should be unrestricted (and, for ozone sampling, free in an arc of at least 270°), without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles by more than twice the height the obstacle protrudes above the sampler and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line);

(b) in general, the inlet sampling point should be between 1.5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances and in wooded areas. Higher siting may also be appropriate if the station is representative of a large area;

(c) the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air;

(d) the sampler's exhaust outlet should be positioned so that recirculation of exhaust air to the sampler inlet is avoided;

(e) in relation to the location of traffic orientated samplers—


(i) for all pollutants, such sampling points should be at least 25 m from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane,

(ii) for nitrogen dioxide and carbon monoxide, inlets should be no more than 5 m from the kerbside, and

(iii) for PM₁₀, lead, benzene and Group B pollutants, inlets should be sited so as to be representative of air quality near to the building line;



(f) for ozone, the inlet probe should be positioned well away from such sources as furnaces and incineration flues and more than 10 m from the nearest road, with distance increasing as a function of traffic intensity;

(g) for deposition measurements in rural background areas as respects Group B pollutants and other pollutants falling within regulations 19 and 20, the European Monitoring and Evaluation of Pollutants guidelines and criteria should be applied as far as practicable.

     15. The following factors may also be taken into account—

(a) interfering sources;

(b) security;

(c) access;

(d) availability of electrical power and telephone communications;

(e) visibility of the site in relation to its surroundings;

(f) safety of public and operators;

(g) the desirability of co-locating sampling points for different pollutants;

(h) planning requirements.

(a) a description of assessment activities carried out;

(b) the specific methods used, with references to descriptions of the method;

(c) the sources of data and information;

(d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed the limit value or, as the case may be, the limit value plus applicable margin of tolerance and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold;

(e) for limit values the object of which is the protection of human health, the population potentially exposed to concentrations in excess of the limit value.

     2. Where possible, maps must be compiled showing concentration distributions within each zone.

(a) a description of the assessment activities carried out;

(b) specific methods used, with references to descriptions of the method;

(c) sources of data and information;

(d) a description of results, including uncertainties and, in particular, the extent of any area within the zone over which concentrations exceed long-term objectives or target values;

(e) for long-term objectives or target values whose object is the protection of human health, the population potentially exposed to concentrations in excess of the threshold.

     7. The National Assembly must ensure that maps are compiled showing concentration distributions within each zone.

(a) the date, hour and place of the occurrence and the reasons for the occurrence, where known;

(b) any forecasts of—


(i) changes in concentration (improvement, stabilisation or deterioration), together with the reasons for those changes,

(ii) the geographical area concerned, and

(iii) the duration of the occurrence;



(c) the type of population potentially sensitive to the occurrence; and

(d) the precautions to be taken by the sensitive population concerned.

(a) is exceeded; or

(b) is predicted to be exceeded,

the details set out in paragraphs 3 to 6 must, as a minimum, be made available to the public on a sufficiently large scale.

     3. Information on any observed exceedance—

(a) the location or area of the exceedance;

(b) the type of threshold exceeded (information threshold or alert threshold);

(c) the time at which the exceedance began and its duration; and

(d) the highest 1-hour and 8-hour mean concentration.

     4. Forecast for the following afternoon, day or days—

(a) the geographical area of expected exceedances of an information threshold or alert threshold; and

(b) the expected change in pollution, that is, improvement, stabilisation or deterioration.

     5. Information on the type of population concerned, possible health effects and recommended conduct—

(a) information on population groups at risk;

(b) description of likely symptoms;

(c) recommended precautions to be taken by the population concerned; and

(d) where to find further information.

     6. Information provided under this Schedule must also include—

(a) information on preventive action to reduce pollution or exposure to it;

(b) an indication of main source sectors; and

(c) recommendations for action to reduce emissions.

(a) for ozone, nitrogen dioxide, oxides of nitrogen and the sums of ozone and nitrogen dioxide (added as parts per billion and expressed in µg/m³ ozone) the maximum, 99.9th, 98th and 50th percentiles and annual average and number of valid data from hourly series; and

(b) the maximum, 98th and 50th percentile and annual average from a series of daily 8-hour ozone maxima.

     3. Data compiled in monthly reports will be considered provisional and must be updated where necessary in subsequent submissions.

(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.