S.I. No. 53/2004 - Ozone in Ambient Air Regulations 2004

1. interfering sources;

2. security;

3. access;

4. availability of electrical power and telephone communications;

5. visibility of the site in relation to its surroundings;

6. safety of public and operators;

7. the desirability of co-locating sampling points for different pollutants; and

8. planning requirements.

Section III: Documentation and review of site selection

Site selection procedures should be fully documented at the classification stage by such means as compass point photographs of the surroundings and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria are still being met.

This requires proper screening and interpretation of the monitoring data in the context of meteorological and photochemical processes affecting the ozone concentrations measured at the respective site.

SCHEDULE 6

CRITERIA FOR DETERMINING THE MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT OF CONCENTRATIONS OF OZONE

Section I: Minimum number of sampling points for fixed continuous measurements to assess air quality in view of compliance with the target values, long-term objectives and information and alert thresholds where continuous measurement is the sole source of information.

Population (× 1,000)

Agglomeration (urban and suburban)*

Other zones (surburban and rural)*

Rural Background

<250

1

1 station 50,000 km

2

as an average density over all

<500

1

2

<1,000

2

2

<1,500

3

3

<2,000

3

4

<2,750

4

5

<3,750

5

6

>3,750

1 additional station per 2 million inhabitants

1 additional station per 2 million inhabitants

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

**1 station per 25,000 km

2

for complex terrain is recommended.

Section II. Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the long-term objectives

The number of sampling points for ozone must, in combination with other means of supplementary assessment such as air quality modelling and co-located nitrogen dioxide measurements, be sufficient to examine the trend of ozone pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and other zones may be reduced to one-third of the number specified in Section I. Where information from fixed measurement stations is the sole source of information, at least one monitoring station should be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no remaining station, co-ordination with the number of stations in neighbouring zones must ensure adequate assessment of ozone concentrations against long-term objectives. There should be at least one rural background station.

SCHEDULE 7

MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES IN ACCORDANCE WITH ARTICLE 7(3)(

h

)

Objectives

The main objectives of such measurements are to analyse any trend in ozone precursors, to check the efficiency of emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to pollution concentration. An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as the application of photochemical models.

Substances

Measurement of ozone precursor substances must include at least nitrogen oxides and appropriate volatile organic compounds (VOCs). A list of volatile organic compounds recommended for measurement is given below

Ethane

1-Butene

Isoprene

Ethyl benzene

Ethylene

trans-2-Butene

n-Hexane

m+p-Xylene

Acetylene

cis-2-Butene

i-Hexane

o-Xylene

Propane

1,3-Butadiene

n-Heptane

1,2,4-Trimethyl benzene

Propane

n-Pentane

n-Heptane

1,2,3-Trimethyl benzene

n-Butane

i-Pentane

i-Octane

1,3,5-Trimethyl benzene

i-Butane

1-Pentene

Benzene

Formaldehyde

2-Pentene

Toluene

Total non-methane hydrocarbons

Reference Methods

The reference methods specified in Directive 1999/30/EC

5

or in subsequent Community legislation will apply for nitrogen oxides. The Agency shall inform the Commission of the methods used to sample and measure VOCs.

Siting

Measurements should be taken in particular in urban and suburban areas at any monitoring sites set up in accordance with the requirements of Directive 96/62/EC

6

on ambient air quality assessment and management and considered appropriate with regard to the above monitoring objectives.

SCHEDULE 8

DATA QUALITY OBJECTIVES AND COMPILATION OF THE RESULTS OF AIR QUALITY ASSESSMENT

Section I: Data quality objectives

The following data quality objectives, for allowed uncertainty of assessment methods, and of minimum coverage and of data capture of measurements are provided to guide quality-assurance programmes.

For ozone, NO and NO

2

Continuous fixed measurement

Uncertainty of individual measurements

15%

Minimum data capture

90% during summer

75%during winter

Indicative measurement

Uncertainty of individual measurements

30%

Minimum data capture

90%

Minimum time coverage

>10% during summer

Modelling

Uncertainty

1 hour averages (daytime)

50%

8 hours daily maximum

50%

Objective estimation

Uncertainty

75%

The uncertainty (on a 95% confidence interval) of the measurement methods will be evaluated in accordance with the principles of the ISO “Guide to the Expression of Uncertainty in Measurement” (1993), or the methodology of ISO 5725-1 “Accuracy (trueness and precision) of measurement methods and results” (1994) or equivalent. The percentages for uncertainty in the table are given for individual measurements, averaged over the period for calculating target values and long-term objectives, for a 95% confidence interval. The uncertainty for continuous fixed measurements should be interpreted as being applicable in the region of concentrations used for the appropriate threshold.

The uncertainty for modelling and objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period for calculating the appropriate threshold, without taking into account the timing of the events.

The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or normal maintenance of the instrumentation.

Section II: Results of air quality assessment

The following information should be compiled for zones or agglomerations within which sources other than measurement are employed to supplement information from measurement:—

— a description of the assessment activities carried out;

— specific methods used, with references to descriptions of the method;

— sources of data and information;

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

— 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.

Where possible maps should be compiled showing concentration distribution within each zone and agglomeration.

Section III: Standardisation

For ozone the volume must be standardised at the following conditions of temperature and pressure: 293°K, 101.3 kPa. For nitrogen oxides the standardisation specified in Directive 1999/30/EC

7

relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air will apply.

SCHEDULE 9

REFERENCE METHODS FOR ANALYSIS OF OZONE AND CALIBRATION OF OZONE INSTRUMENTS

Reference method for the analysis of ozone and calibration of ozone instruments

— Analysis method: UV photometric method (ISO FDIS 13964).

— Calibration method: Reference UV photometer (ISO FDIS 13964, VDI 2468, B1.6).

This method is being standardised by the European Committee for Standardisation (CEN). Once CEN has published the relevant standard, the method and techniques described therein shall constitute the reference and calibration method for these Regulations.

SCHEDULE 10

PRESCRIBED BODIES

(1) The Minister for Health and Children

(2) Health Boards

(3) Eastern Regional Health Authority

(4) Local Authorities

(5) An Bord Pleanála

(6) Office of the Director of Consumer Affairs

(7) The Asthma Society of Ireland

(8) Met Éireann

(9) Teagasc

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 11th day of February, 2004.

MARTIN CULLEN,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations transpose Directive 2002/3/EC relating to ozone in ambient air.

The Regulations specify target values and long-term objectives to be attained for concentrations of ozone in ambient air. The Regulations provide for advice by the Environmental Protection Agency to local authorities about the need for air quality management plans to attain the target values or long-term objectives, and the preparation of such plans by local authorities. Provision is also made for air pollution action plans for short-term risks of exceedances of the ozone alert threshold. The Regulations also provide for the dissemination of public information, including where the alert threshold is, or is predicted to be, exceeded. This requirement necessitates informing the public of the types of groups potentially at risk, possible health effects and recommended conduct and preventive action.

1

O.J. L 67 of 9 March 2002, p.14.

2

O.J. L 377 of 31 December 1991, p.48.

3

O.J. L 35 of 5 February 1997, p.14.

4

O.J. L 125 of 18 May 1994, p.1.

5

O.J. L 163 of 29 June 1999, p.41.

6

O.J. L 296 of 21 November 1996, p.55.

7

O.J. L 163 of 29 June 1999, p.41.

9. (1) The Agency shall identify and notify to the relevant local authority or authorities, including, if appropriate, competent authorities in neighbouring zones in Northern Ireland, those areas, consisting of zones and agglomerations in whole or in part, where the Agency considers measures are likely to be necessary to be taken in the short term where there is a risk of the alert threshold being exceeded, and such identification and notification shall take into account particular local circumstances and be occasioned where the Agency is of the view that there is a significant potential, taking into account national geographical, meteorological and economic conditions, for reducing the risk, or for reducing the duration or severity, of any such exceedance.

(2) With reference to sub-article (1) the Agency may set trigger levels of concentrations of ozone in ambient air, exceedance of which require the preparation of air pollution action plans in accordance with sub-article (3).

(3) When notified by the Agency in pursuance of the preceding sub-article, or where a local authority or local authorities consider such measures are likely to be necessary, the local authority, or local authorities as appropriate, shall, subject to undertaking a cost-effectiveness analysis, prepare an air pollution action plan indicating the measures to be taken in the short term to reduce the risk of the alert threshold being exceeded, or the duration or severity of any such exceedance and providing, as appropriate, for measures to control, and, where necessary, reduce or suspend activities, including motor vehicle traffic, which contribute or may contribute to the alert threshold being exceeded.

(4) Where a local authority prepares, or local authorities prepare as appropriate, an air pollution action plan, proposed measures in which will or may impact upon a neighbouring zone or zones in Northern Ireland, or where ozone concentrations at risk of exceeding the alert threshold are due largely to precursor emissions in Northern Irelan, the local authority, or local authorities as appropriate, shall consult with, and shall send all appropriate information pertaining to the plan to the competent authorities in Northern Ireland with a view to co-operating, where appropriate, in the drawing up of joint plans for the purposes of sub-article (3).

(5) An air pollution action plan prepared by a local authority, or local authorities as appropriate, in accordance with this article shall be co-ordinated, as appropriate and in so far as possible, with any plan or plans prepared in accordance with article 15 of the 2002 Regulations in relation to other pollutants within the scope of the 2002 Regulations.

(6) A local authority, or local authorities as appropriate, shall make available to the public and to any environmental organisation, consumer organisation, organisation representing the interests of sensitive populations and health care body considered relevant by the local authority or local authorities, or which so requests, the results of any investigations and the content of specific air pollution action plans as well as information on the implementation of such plans.

Air Quality Management Plans

10. (1) The Agency shall, within 9 months after the end of a year in which ozone levels exceed either the target values or the long-term objectives specified in article 5:—

(

a

) identify and notify to the relevant local authority or authorities those areas, consisting of zones and agglomerations in whole or in part, where the Agency considers measures are likely to be necessary to attain the target values or the long-term objectives, as appropriate; and

(

b

) provide to the local authority or authorities concerned all data relevant to the air quality assessment for the area concerned.

(2) The local authority or authorities notified in accordance with the preceding sub-article shall prepare a clear, comprehensible and accessible air quality management plan, or review and revise an existing plan, in order to attain the target values, save where not achievable through proportionate measures, or with the aim of achieving the long-term objectives through cost-effective measures, as appropriate.

(3) An air quality management plan shall be co-ordinated, as appropriate and insofar as possible, with any plan or plans prepared in accordance with article 16 of the 2002 Regulations in relation to other pollutants within the scope of the 2002 Regulations.

(4) In preparing an air quality management plan for the purposes of this article a local authority, or local authorities as appropriate, and the Agency, as appropriate, shall comply with the relevant notification, content and related requirements specified in article 16(3) of the 2002 Regulations.

(5) Before making the air quality management plan, the local authority, or local authorities as appropriate, shall consult with the Agency and any statutory body or agency the discharge of whose functions will or may be affected by the measures proposed in the plan, or where ozone concentrations exceeding the target values or long-term objectives are due largely to precursor emissions in other Member States of the European Communities, with the competent authorities in those Member States, with a view to cooperating, where appropriate, in the drawing up of joint plans for the purposes of sub-article (2).

(6) The local authority, or local authorities as appropriate, shall implement the air quality management plan insofar as it lies within the functional responsibility of local authorities, and insofar as it lies within the functional responsibility of other statutory bodies or agencies, promote the implementation of the plan.

(7) In implementing an air quality management plan for the purposes of this article a local authority, or local authorities as appropriate, and the Agency, as appropriate, shall comply with the relevant information and dissemination requirements specified in article 16, sub-articles (6) and (7) of the 2002 Regulations.

Measures to Maintain Good Air Quality

11. (1) The Agency shall identify the means by which ozone levels, in those zones or agglomerations below the long-term objectives, may, insofar as factors including the transboundary nature of ozone pollution and meteorological conditions permit, be maintained and the means by which the best ambient air quality compatible with sustainable development may be preserved, and shall advise the relevant local authority or local authorities and any statutory agency or body with relevant functional responsibility accordingly.

(2) The Agency and the local authority, or local authorities as appropriate, shall promote the preservation of best ambient air quality compatible with sustainable development and a high level of environmental and human health protection.

(3) The functions, duties and responsibilities of the Agency and a local authority, or local authorities as appropriate, under this article shall be undertaken in co-ordination, as appropriate and in so far as possible, with those required by article 17 of the 2002 Regulations in relation to other pollutants within the scope of the 2002 Regulations.

Additional Reporting

12. The Agency shall notify to the Minister and the Commission for the calendar year 2004 and thereafter:—

(

a

) no later than two years after the end of the period during which any exceedance of the target values is observed, a report giving an overview of the situation as regards exceedance of the target values and including an explanation of annual exceedances of the target value for the protection of human health, and any plans provided for in article 10;

(

b

) every three years the progress of any plans provided for in article 10;

(

c

) on a provisional basis, for each month from April to September each year, and by no later than the end of the following month, for each day with an exceedance of the information or the alert threshold, the total hours of exceedance and maximum 1-hour values;

(

d

) on a provisional basis, for each month from April to September each year, and by no later than 31 October each year, any other information specified in Schedule 4;

(

e

) for each calendar year no later than 30 September of the following year, the validated information specified in Schedule 4 and the annual average concentrations for that year of the relevant ozone precursor substances specified in Schedule 7 and measured in accordance with article 7(3)(

h

); and

(

f

) every three years, within the framework of the sectoral report referred to in Article 4 of Council Directive 91/692/EEC

2

and no later than 30 September following the end of each three year period:—

(i) information reviewing the levels of ozone observed or assessed, as appropriate, in the zones and agglomerations referred to in article 7(4);

(ii) information on any measures taken or planned under article 10; and

(iii) information regarding decisions on short-term air pollution action plans and concerning the design and context, and an assessment of the effects of any such plans prepared in accordance with article 9.

Revocation

13. The Environmental Protection Agency Act 1992 (Ozone) Regulations 1997 (

S.I. No. 132 of 1997

) are hereby revoked with effect from the coming into operation of these Regulations.

SCHEDULE 1

Target Values for Ozone

General Note

For the purposes of the Schedules all values are to be expressed in μg/m

3

. The volume must be standardised at a temperature of 293°K and a pressure of 101.3kPa. The time is to be specified in Central European Time.

In the Schedules AOT 40 (expressed in (μg/m

3

)· hours) means the sum of the difference between hourly concentrations greater than 80 μg/m

3

(=40 parts per billion) and 80 μg/m

3

over a given period using only the 1 hour values measured between 8.00 and 20.00 Central European Time each day.

In order to be valid the annual data on exceedances used to check compliance with the target values and long-term objectives must meet the criteria laid down in Section II of Schedule 4.

Parameter

Target Value for 2010*

Target value for the Protection of human health

Maximum daily 8-hour mean**

120 μg/m

3

not to be exceeded on more than 25 days per calendar year averaged over three years***

Target value for the protection of vegetation

AOT 40, calculated from 1 h values from May to July

18,000 μg/m

3

·h averaged over five years***

*Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the data for which is used in calculating compliance over the following three or five years, as appropriate.

**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 i.e. the first calculation period for any one day will be the period from 17:00 on the pervious 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.

***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

• for the target value for the protection of human health: valid data for one year;

• for the target value for the protection of vegetation: valid data for three years.

SCHEDULE 2

LONG-TERM OBJECTIVES FOR OZONE

Parameter

Long-term Objective

Long-term objective for the protection of human health

Maximum daily 8-hour mean within a calendar year

120 μg/m

3

Long-term objective for the protection of vegetation

AOT 40, calculated from 1 h values from May to July

6,000 μg/m

3

·h

SCHEDULE 3

INFORMATION AND ALERT THRESHOLDS FOR OZONE

Parameter

Threshold

Information threshold

1 hour average

180 μg/m

3

Alert threshold

1 hour average*

240 μg/m

3

·h

* For the implementation of article 9, the exceedance of the threshold is to be measured or predicted for three consecutive hours.

SCHEDULE 4

INFORMATION TO BE SUBMITTED BY THE AGENCY TO THE MINISTER AND THE COMMISSION AND CRITERIA FOR AGGREGATING DATA AND CALCULATING STATISTICAL PARAMETERS

Section I: Information to be submitted

Type of Station

Level

Averaging/ Accumulation Time

Provisional data for each month from April to September

Report for each year

Information threshold

Any

180μg/m

3

1 hour

- for each day with exceedance(s): date, total hours of exccedance, maximum 1 hour ozone and related NO

2

values when required,

- for each day with exceedance(s): date, total hours of exceedance, maximum 1 hour ozone and related NO

2

values when required,

- montly: 1 hour maximum ozone

Alert threshold

Any

240μg/m

3

1 hour

- for each day with exeedances(s): date, total hours of exceedance, maximum 1 hour ozone and related NO

2

values when required

- for each day with exceedance(s): date, total hours of exceedance, maximum 1 hour ozone and related NO

2

values when required

Health Protection

Any

120μg/m

3

8 hours

-for each day with exceedance(s): date, 8 hours maximum*

-for each day with exceedance(s): date, 8 hours maximum*

Vegetation protection

Suburban, rural, rural back-ground

AOT40=6,000μg/m

3

·h

1 hour, accumulated from May to July

—

Value

Forest protection

Suburban, rural, rural back-ground

AOT40=20,000μg/m

3

·h

1 hour, accumulated from April to September

—

Value

Materials

Any

40μg/m

3*

1 year

—

Value

*See Schedule 1 footnote**

As part of the yearly reporting, the following must also be provided, if all available hourly data for ozone, nitrogen dioxide and nitrogen oxides of the year in question have not already been delivered under the framework of Council Decision 97/101/EC

3

— for ozone, nitrogen dioxide, nitrogen oxides and the sums of ozone and nitrogen dioxide (added as parts per billion and expressed in μg/m

3

ozone) the maximum, 99.9th, 98th, 50th percentiles and annual average and number of valid data from hourly series,

— the maximum, 98th, 50th percentiles and annual average from series of daily 8-hour ozone maxima.

Data submitted in the monthly reports shall be considered provisional and are to be updated, if necessary, in subsequent submissions.

Section II: Criteria for aggregating data and calculating statistical parameters

Percentiles are to be calculated using the method specified in Council Decision 97/101/EC.

The following criteria are to be used for checking validity when aggregating data and calculating statistical parameters

Parameter

Required proportion of valid data

1 hour values

75% (i.e. 45 minutes)

8 hour values

75% of values (i.e. 6 hours)

Maximum daily 8 hours mean from hourly running 8 hours averages

75% of the hourly running 8 hours averages (i.e. 18 8 hours averages per day)

AOT40

90% of the 1 hour values over the time period defined for calculating the AOT40 value*

Annual mean

75% of the 1 hour values over summer (April to September) and winter (January to March, October to December) seasons separately

Number of exceedances and maximum values per month

90% of the daily maximum 8 hours mean values (27 available daily values per month) 90% of the 1 hour values between 8:00 and 20:00 Central European Time

Number of exceedances and maximum values per year

five out of six months over the summer season (April to September)

*In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values

AOT40[estimate]

= AOT40

MEASURED

×

total possible number of hours#

number of measured hourly values

#being the number of hours within the time period of AOT40 definition (i.e. 8:00 to 20:00 h Central European Time from 1 May to 31 July each year for vegetation protection and from 1 April to 30 September each year for forest protection).

SCHEDULE 5

CRITERIA FOR CLASSIFYING AND LOCATING SAMPLING POINTS FOR ASSESSMENTS OF OZONE CONCENTRATIONS

The following considerations apply to fixed measurements taken in accordance with article 7:—

Section I: Macroscale Siting

Type of Station

Objectives of Measurement

Representativeness*

Macroscale siting criteria

Urban

Protection of human health to assess the exposure of the urban population to ozone, i.e. where population density and ozone concentration are relatively high and representative of the exposure of the general population

A few km

2

Away from the influence of local emissions such as traffic, petrol stations etc.;

Vented locations where well mixed levels can be measured;

Locations such as residential and commercial areas of cities, parks (away from the trees), big streets or squares with little or no traffic, open areas characteristic of educational, sports or recreation facilities

Suburban

Protection of human health and vegetation to assess the exposure of the population and vegetation located in the outskirts of the agglomeration, where the highest ozone levels, to which the population and vegetation is likely to be directly or indirectly exposed, occur

Some tens of km

2

At a certain distance from the area of maximum emissions, downwind following the main wind direction(s) during conditions favourable to ozone formation;

Where population, sensitive crops or natural ecosystems located in the outer fringe of an agglomeration are exposed to high ozone levels;

Where appropriate, some suburban stations also upwind of the area of maximum emissions, in order to determine the regional background levels of ozone

Rural

Protection of human health and vegetation to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations

Sub-regional levels (a few km

2

)

Stations can be located in small settlements and/or areas with natural ecosystems, forests or crops;

Representative for ozone away from the influence of immediate local emissions such as industrial installations and roads;

At open area sites, but not on higher mountain tops

Rural Back-ground

Protection of vegetation and of human health to assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the population

Regional/national levels (1,000 to 10,000 km

2

)

Station located in areas with lower population density, e.g. with natural ecosystems, forests, far removed from urban and industrial areas and away from local emissions;

Avoid locations which are subject to locally enhanced formation of ground-near inversion conditions, also summits of higher mountains;

Coastal sites with pronounced diurnal wind cycles of local character are not recommended.

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

For rural and rural background stations, consideration should be given, where appropriate, to coordination with the monitoring requirements of Commission Regulations (EC) No. 1091/94

4

concerning protection of the Community's forests against atmospheric pollution.

Section II: Microscale Siting

The following guidelines should be followed, as far as practicable

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by

sections 10

,

20

,

21

,

46

,

47

,

49

and

50

of the

Air Pollution Act 1987

(No. 6 of 1987) and by

sections 6

,

53

,

54

and

56

of the

Environmental Protection Agency Act 1992

(No. 7 of 1992) and for the purpose of giving effect to Council Directive 2002/3/EC relating to ozone in ambient air (

1

) hereby makes the following Regulations

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