The Air Quality (Ozone) (Wales) Regulations 2003
| Jurisdiction | Wales |
| Citation | SI 2003/1848 (W198) |
| Year | 2003 |
2003 No. 1848 (W.198)
ENVIRONMENTAL PROTECTION, WALES
The Air Quality (Ozone) (Wales) Regulations 2003
Made 16th July 2003
Coming into force 9th September 2003
The National Assembly for Wales, in exercise of the powers conferred upon it by section 29 of the Government of Wales Act 19981and subsection (2) of section 2 of the European Communities Act 19722, and having been designated for the purpose of that subsection by Article 2 of the European Communities (Designation) (No.3) Order 20003in relation to measures relating to the assessment and management of ambient air quality and compliance with air quality limit values, target values and objectives, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Air Quality (Ozone) (Wales) Regulations 2003 and come into force on 9th September 2003.
(2) These Regulations apply to Wales.
Definitions
2. In these Regulations —
“agglomeration” (“crynhoad”) means a zone with a population concentration in excess of 250,000 inhabitants or, where the population concentration is 250,000 or less, a population density per km2 for which the National Assembly considers that the need for ambient air to be assessed or managed is justified;
“alert threshold” (“trothwy rhybuddio”) means that level prescribed as such under regulation 6;
“ambient air” (“ambient air”) means outdoor air in the troposphere, excluding work places;
“assessment” (“asesu”) means any method used to measure, calculate, predict or estimate the level of ozone or ozone precursor substances in the ambient air;
“fixed measurement” (“mesuriadau sefydlog”) 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;
“information threshold” (“trothwy gwybodaeth”) means that level prescribed as such under regulation 6;
“level” (“lefel”) means the concentration of ozone or ozone precursor substances in ambient air;
“local health board” (“bwrdd iechyd lleol”) has the meaning given in section 16BA of the National Health Service Act 19774;
“long-term objective” (“amcan hirdymor”) means that level prescribed as such under regulation 3(2);
“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;
“ozone precursor substances” (“rhagsywleddion osôn”) means substances which contribute to the formation of ground-level ozone, including those listed in Schedule 4;
“the public” (“y cyhoedd”) includes health care bodies and organisations which represent the interests of sensitive populations, consumers and the environment and which have an interest in ambient air quality;
“relevant averaging period” (“cyfnod cyfartaleddu perthnasol”) has the meaning prescribed in regulation 7(5);
“rural background station” (“gorsaf cefndir gwledig”) has the meaning given by Part I of Schedule 2;
“target value” (“gwerth targed”) means that level prescribed under regulation 3(1);
“volatile organic compounds” (“cyfansoddion organig anweddol”) or “VOCs” (“VOCs”) means all organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight; and
“zone” (“parth”) means a part of Wales which is designated for the purposes of these Regulations and which is shown on a map published by the National Assembly on 10th June 2003, deposited at the offices of the National Assembly, Environmental Protection Division, Cathays Park, Cardiff CF10 3NQ.
Target values and long-term objectives
3.—(1) The target values for levels of ozone are set out in Part II of Schedule 1.
(2) The long-term objectives for levels of ozone are set out in Part III of Schedule 1.
(3) The definitions and provisions of Part I of Schedule 1 apply to Parts II and III of that Schedule.
Assessment of levels of ozone and ozone precursor substances
4.—(1) The National Assembly must ensure that levels of ozone and ozone precursor substances are assessed in each zone in accordance with this regulation.
(2) Continuous fixed measurement must be used in any zone in which, within any of the previous five years, levels of ozone have exceeded a long-term objective.
(3) In order to determine whether, during any of the previous five years, levels of ozone have exceeded a long-term objective in a zone in relation to which data from continuous fixed measurement is not available for the whole of that period, measurement campaigns of short duration, at times and locations likely to be typical of the highest pollution levels, may be combined with results from emission inventories and modelling.
(4) Where levels of ozone in a zone have not, in any of the previous five years, exceeded the long-term objectives, a combination of continuous fixed measurement, modelling and indicative measurements may be used in that zone.
(5) For each zone to which paragraph (2) applies, the minimum number of sampling points for fixed continuous measurement must be in accordance with Part I of Schedule 3.
(6) For each zone to which paragraph (2) applies, measurements of nitrogen dioxide —
(a)
(a) must be made at a minimum of 50 per cent of the ozone sampling points required under Part I of Schedule 3;
(b)
(b) must be continuous, except at rural background stations, where other measurement methods may be used.
(7) The number of fixed sampling points required under paragraph (5) may be reduced provided that —
(a)
(a) the information from fixed sampling points is supplemented by information from modelling, indicative measurements or both these methods;
(b)
(b) the supplementary sources of information referred to in sub-paragraph (a) provide an adequate level of information for the assessment of air quality with regard to target values, information and alert thresholds;
(c)
(c) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the level of ozone to be established in accordance with the data quality objectives specified in Part I of Schedule 5 and lead to assessment results as specified in Part II of that Schedule;
(d)
(d) the number of sampling points in each zone amounts to at least one sampling point per two million inhabitants, or one sampling point per 50,000 km2, whichever produces the greater number of sampling points;
(e)
(e) each zone contains at least one sampling point; and
(f)
(f) nitrogen dioxide is measured at all remaining sampling points except at rural background stations.
(8) For each zone to which paragraph (7) applies, the supplementary sources of information referred to in paragraph (7)(a) must be taken into account when assessing air quality with respect to target values.
(9) For each zone to which paragraph (4) applies, the minimum number of sampling points for fixed measurements must be in accordance with Part II of Schedule 3.
(10) Schedule 2 has effect for the purpose of determining the location of sampling points for the measurement of ozone.
(11) The reference methods for the analysis of ozone and the calibration of ozone instruments set out in Schedule 6 must be used unless the National Assembly adopts other methods which it considers can be demonstrated to give equivalent results.
(12) For ozone precursor substances, —
(a)
(a) the National Assembly must ensure that at least one measuring station to supply data on levels of the ozone precursor substances listed in Schedule 4 is installed and operated within Wales; and
(b)
(b) in choosing the number and siting of the stations at which levels of ozone precursor substances are to be measured, the National Assembly must take account of the objectives, methods and recommendations laid down in that Schedule.
(13) For ozone and nitrogen oxides measurements of volume must be standardised at a temperature of 293 K and a pressure of 101.3kPa.
Programmes and measures to address ozone levels
5.—(1) The National Assembly must draw up a list of zones in which —
(a)
(a) levels of ozone, as assessed in accordance with regulation 4, are higher than the target values;
(b)
(b) levels of ozone, as assessed in accordance with regulation 4, are higher than the long-term objectives but equal to or below the target values;
(c)
(c) levels of ozone meet the long-term objectives.
(2) The National Assembly must prepare and implement, for each zone listed under paragraph (1)(a), a plan or programme for attaining the target values by the date specified in Part II of Schedule 1.
(3) Paragraph (2) does not apply if the National Assembly considers that attaining the target values would not be achievable through proportionate measures.
(4) In preparing and implementing a plan or programme under paragraph (2), the National Assembly must ensure that the plan or programme is integrated, where appropriate, with any plan or programme prepared for that zone under regulation 10 of the Air Quality Limit Values (Wales) Regulations 20025.
(5) A plan or programme prepared under paragraph (2) must include, as a minimum, information equivalent to that listed in Schedule 7 to the Air Quality Limit Values (Wales) Regulations 2002 (as if references in that Schedule to “pollution” were references to levels of ozone which exceed the target level), and must be made available to the public.
(6) The National Assembly must prepare and implement for each zone listed under paragraph (1)(b) measures which it considers to be cost-effective, with the aim of achieving the long-term objectives.
(7) The measures prepared and implemented under paragraph (6) must, as a minimum, be consistent with any plans or programmes prepared and implemented under paragraph (2).
(8)...
To continue reading
Request your trial