United Kingdom Statutory Instruments

(i) the measurements are taken at fixed sites continuously; and

(ii) the number of measurements is sufficiently large to enable concentrations to be properly determined;

and

(b) he may supplement information from sampling points with information from modelling techniques or indicative measurements.

(i) the target values;

(ii) the information threshold; and

(iii) the alert threshold;

(b) he considers that the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established and to enable the compilation of assessment results as specified in Part 3 of Schedule 7;

(c) the number of sampling points in each zone amounts to—

(i) at least one sampling point per two million inhabitants; or

(ii) one sampling point per 50,000 km²,

whichever produces the greater number of sampling points;

(d) each zone contains at least one sampling point; and

(e) concentrations of nitrogen dioxide are assessed at all remaining sampling points except rural background stations.

(i) Group B pollutants;

(ii) basic polycyclic aromatic hydrocarbons; and

(iii) total gaseous mercury;

and

(b) total deposition of—

(i) Group B pollutants, within the PM₁₀ fraction;

(ii) basic polycyclic aromatic hydrocarbons; and

(iii) mercury.

(i) zones which have attained all air quality standards; and

(ii) zones which have not attained one or more of the air quality standards, in which case the list shall specify the pollutants and air quality standards concerned;

(c) until 31st December 2009, a list of zones in which concentrations of benzene or nitrogen dioxide either—

(i) exceed a limit value plus the relevant margin of tolerance; or

(ii) are between a limit value and the relevant margin of tolerance,

specifying, in both cases, the pollutant and limit values for which this is the case; and

(d) a list classifying each zone in relation to the method by which the Secretary of State assesses concentrations of each Group A and Group B pollutant within that zone in accordance with regulation 13.

(i) concentrations of mercury, PM_2.5 and polycyclic aromatic hydrocarbons; and

(ii) deposition rates of Group B pollutants, mercury and basic polycyclic aromatic hydrocarbons.

(i) at least on a three-monthly basis; and

(ii) where practicable, on a monthly basis;

(b) carbon monoxide, as a maximum running average over eight hours—

(i) at least on a daily basis; and

(ii) where practicable, on an hourly basis;

(c) lead, on a three monthly basis; and

(d) nitrogen dioxide, sulphur dioxide and PM₁₀—

(i) at least on a daily basis; and

(ii) in the case of hourly values for nitrogen dioxide and sulphur dioxide, where practicable, on an hourly basis.

(i) when the alert threshold or information threshold for ozone is exceeded; and

(ii) in so far as practicable, when either threshold is predicted to be exceeded.

(i) the areas within each zone in which the target value was exceeded;

(ii) the reasons for the occurrence and the predominant sources of emissions identified in accordance with regulation 9(2)(a);

(iii) a short assessment of the effect of the occurrence on overall compliance with the target value in the zone concerned;

(iv) details of the measures being directed at any identified sources of emissions in accordance with regulation 9(2)(b); and

(v) the prospects for attainment of the target value in the zone affected.

(i) the long-term objectives for the protection of human health;

(ii) the information threshold; or

(iii) the alert threshold;

and

(b) provide a short assessment of each occurrence, including its extent and its effects on health.

(i) the target value;

(ii) long-term objective; or

(iii) alert threshold,

has been exceeded;

(b) for vegetation, an indication of all occasions during which—

(i) the target value; or

(ii) long-term objective,

has been exceeded; and

(c) in relation to both sub-paragraphs (a) and (b), a short assessment of the effects of each such occurrence.

(i) concentrations of any Group A pollutant within that member State exceed, or are likely to exceed, the levels specified in paragraph (1)(a) as a result of significant pollution in the United Kingdom; or

(ii) paragraph (1)(c) applies in relation to that member State,

he shall consult any member State directly concerned on any remedial action.

    (4) In the case of a transboundary pollution issue to which paragraph (1)(b) or (c) applies, where the Secretary of State considers that attaining the relevant target value or long-term objective in the United Kingdom or the member State concerned, as the case may be, is reasonably achievable through proportionate measures, he shall take the action prescribed in paragraph (5).

    (5) Where paragraph (4) applies, the Secretary of State shall, in consultation with any relevant administration concerned, co-operate with the member State concerned in preparing joint plans and programmes with the objective of attaining the target value or long-term objective in the United Kingdom or the other member State as the case may be.

    (6) Where paragraph (4) applies, the Secretary of State shall—

(a) ensure that any action plans prepared under regulation 11(1)(a) in relation to ozone cover the relevant neighbouring areas affected in both—


(i) Scotland, Wales and Northern Ireland; and

(ii) the member State concerned,



as the case may be; and

(b) take such steps as he considers appropriate to ensure that any action plans drawn up by a relevant administration under article 7 of the Directive referred to at regulation 2(2)(d) cover such neighbouring areas.

    (7) Where paragraphs (5) or (6) apply, the Secretary of State shall ensure that—

(a) in so far as possible, the joint plans and programmes required by paragraph (5) include the information specified in Schedule 2 for improvement plans; and

(b) any other member State concerned is provided with the information which is required to be made available in relation to action and improvement plans in accordance with the Directives referred to in regulation 2(2)(a) to (d).

    (8) The Secretary of State shall ensure that where concentrations of ozone exceed—

(a) the information threshold; or

(b) the alert threshold,

in any zone close to the border with another member State, full information of this occurrence is provided promptly to the competent authorities of the other member State concerned, in order to facilitate the provision of information to the public in that member State.

    (9) In discharging his obligations under this regulation, the Secretary of State shall, where appropriate, seek to co-operate with any other countries concerned, not being member States.

    (10) In any case which appears to him to affect Wales, Scotland or Northern Ireland, the Secretary of State shall—

(a) inform the relevant administration of any notification made under paragraph (3)(c); and

(b) consult the relevant administration about any action which he proposes to take.

    (11) In this regulation, "relevant administration" means—

(a) the National Assembly for Wales for matters affecting Wales;

(b) the Scottish Ministers for matters affecting Scotland; and

(c) the Department of the Environment for matters affecting Northern Ireland.

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

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

(c) the time shall 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 shall meet the criteria set out in Part 2 of Schedule 12.


Target values
The attainment date for the target values set out in the following table is 2010, with compliance assessed over the periods indicated for each target value in the table.


Column header	Parameter	Target value and assessment(¹)
Target value for the protection of human health	Maximum daily 8 hour mean(²)	120 µg/m³ not to be exceeded on more 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 shall be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends, that is, the first calculation period for any one day shall 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 shall 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 21st November 1996—

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

(b) observed effects of these measures.

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

⁽¹⁾ For the purposes of regulation 11 (action plans), exceedance of the 1 hour average in respect of the alert threshold is to be measured or predicted for three consecutive hours.

⁽¹⁾ For NO2 and PM₁₀ to include at least one urban-background station and one traffic-orientated station; this requirement shall also apply to benzene and carbon monoxide provided that it does not increase the number of sampling points.

Point sources
     2. For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement shall be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.

⁽¹⁾ To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does not increase the number of sampling points.

Point sources
     6. For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement shall be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population. The sampling points shall be sited such that the application of the measures referred to in regulation 7(2)(b) can be monitored.

⁽¹⁾ At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations at least 50% of the stations shall be located in suburban areas.

⁽²⁾1 station per 25,000 km² for complex terrain is recommended by Directive 2002/3/EC.

(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 relevant limit value; and

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

     2. Sampling points shall in general be sited to avoid measuring very small micro-environments in their immediate vicinity. Where possible, the Secretary of State shall locate sampling points so as 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 shall also, where possible, be representative of similar locations not in their immediate vicinity.

     4. Account shall 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 shall be sited more than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or motorways. Where possible, the Secretary of State shall locate sampling points so as 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. Account shall be taken of the need to locate sampling points 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.

     7. Sampling points shall in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. Where possible, the Secretary of State shall locate sampling points so as to 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.

     8. Where the objective is to assess background levels the sampling site shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres (as the Secretary of State may determine in light of the circumstances of each case).

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

     10. Sampling points shall also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they shall be co-located with sampling points for PM₁sub0;.

⁽¹⁾Sampling points shall also, where possible, be representative of similar locations not in their immediate vicinity.

(a) the flow around the inlet sampling probe shall 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—


(i) in the case of Group A and Group B pollutants, the inlet sampling probe shall normally be some metres away from buildings, balconies, trees and other obstacles and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line; and

(ii) in the case of ozone, the inlet sampling probe shall be away from buildings, balconies, trees and other obstacles by more than twice the height the obstacle protrudes above the sampler;



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

(c) the inlet probe shall 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 shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided;

(e) in relation to the location of traffic orientated samplers for Group A and Group B pollutants—



(i) sampling points shall 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 shall be no more than 5 m from the kerbside; and

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



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

(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 shall be applied as far as practicable.

     14. 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 information relating to—


(i) accuracies;

(ii) 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 may be, the limit value plus applicable margin of tolerance; and

(iii) any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold; and



(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 shall 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; and

(e) for the long-term objective and target value for the protection of human health, the population potentially exposed to concentrations in excess of the threshold.

     7. The Secretary of State shall ensure that maps are compiled showing concentration distributions within each zone.

⁽¹⁾ Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives.

(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 shall, 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 in particular—

(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 shall 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.

⁽¹⁾ Maximum daily 8-hour mean.

⁽²⁾ In this table, "AOT40" has the same meaning as in paragraph 2(d) of Part 4 of Schedule 1.

     2. The Secretary of State shall also ensure that the following information is collated—

(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 shall be considered provisional and shall be updated where necessary in subsequent submissions.