# The Air Quality Limit Values Regulations (Northern Ireland) 2002, Note: Explanatory note

Extent: N.I.

(This note is not part of the Regulations.)
These regulations are made in the implementation in Northern Ireland of European Council Directive 96/62/EC on ambient air quality assessment and management, and European Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead (“the relevant pollutants” in ambient air).
Regulation 3 places a duty upon any relevant government department to ensure that in each zone in Northern Ireland concentrations of relevant pollutants do not exceed the limit values. The limit values for each pollutant, and the date by which they are to be met, are set out in Schedule 1.
Regulation 4 requires the Department of the Environment (“the Department”) to assess ambient air quality in each zone in accordance with regulations 5 to 7.
Regulation 5 requires the Department to classify each zone in relation to each of the relevant pollutants in accordance with the method required to assess air quality in that zone. Regulation 5 together with Schedule 2 provide for the determination of upper and lower assessment thresholds for each relevant pollutant, and regulation 5 sets out the requirements for measurement or other assessment of air quality depending on pollution levels in relation to the thresholds.
Regulation 6 places a duty on the Department to review the classification of zones every five years or in the event of significant changes affecting levels of any of the relevant pollutants.
Regulation 7 requires the Department to ensure that specified methods are used for assessing air quality for each pollutant in each zone. Schedule 3 sets out how sampling points for the relevant pollutants are to be determined. Schedule 4 sets out criteria for the minimum number of sampling points for fixed measurements to assess compliance with limit values in zones where that is the only source of information, and with limit values for the protection of ecosystems or vegetation in certain other zones. Schedule 5 makes provision for data quality objectives for the required accuracy of assessment methods, and for compilation of the results of air quality assessment. Schedule 6 prescribes reference methods for the analysis, sampling or measurement of the relevant pollutants. Regulation 7 places a duty on the Department to ensure that measuring stations supply data on concentrations of PM2.5 particulate matter.
Regulation 8 requires the Department to draw up, after consultation with other relevant government departments, action plans indicating measures to be taken in the short term where there is a risk that limit values for any of the relevant pollutants, or alert thresholds for sulphur dioxide or nitrogen dioxide, will be exceeded. The alert thresholds for sulphur dioxide and nitrogen dioxide are set out in Schedule 1.
Regulation 9 requires the Department to draw up lists of zones where the levels of one or more of the relevant pollutants is above the limit value, or between the limit value and any margin of tolerance shown in Schedule 1. For such zones, the regulation places a duty on the Department to draw up, after consultation with other relevant government departments, a plan or programme, which must contain at least the information set out in Schedule 7 (including the location and origin of the pollution, the responsible authorities and the measures taken to deal with the pollution). Such relevant departments are obliged by the regulation to implement the plan or programme.
Regulation 10 requires the Department to list zones where levels of the relevant pollutants are below limit values. The regulation also places a duty on the Department and other relevant government departments to ensure that levels of these pollutants are maintained below the limit values, and to endeavour to preserve the best ambient air quality, compatible with sustainable development.
Regulation 11 requires the Department to ensure that up-to-date information on ambient concentrations of each of the relevant pollutants is routinely made available to the public. It prescribes the frequency and content of such information. Where alert thresholds for sulphur dioxide or nitrogen dioxide are exceeded, further information, set out Schedule 1 must be provided (this includes details of the place and time of the occurrence, forecasts, and precautions to be taken by sensitive populations).
Regulation 12 revokes for Northern Ireland and at different dates parts of the Air Quality Standards Regulations (NI) 1990 giving effect to limit values for the relevant pollutants in earlier directives.

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Source: https://www.legislation.gov.uk/nisr/2002/94/note (the official version)
Page: https://openlegislation.uk/air-quality-limit-values-regulations-northern-ireland-2002/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

