S.I. No. 180/2011 - Air Quality Standards Regulations 2011.

1. Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this Directive is routinely made available to the public.

2. Ambient concentrations provided shall be presented as average values according to the appropriate averaging period as laid down in Schedule 7 and Schedule 11 to 14. The information shall at least indicate any levels exceeding air quality objectives including limit values, target values, alert thresholds, information thresholds or long term objectives of the regulated pollutant. It shall also provide a short assessment in relation to the air quality objectives and appropriate information regarding effects on health, or, where appropriate, vegetation.

3. Information on ambient concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (at least PM

10

), ozone and carbon monoxide shall be updated on at least a daily basis, and, wherever practicable, information shall be updated on an hourly basis. Information on ambient concentrations of lead and benzene, presented as an average value for the last 12 months, shall be updated on a three-monthly basis, and on a monthly basis, wherever practicable.

4. Member States shall ensure that timely information about actual or predicted exceedances of alert thresholds, and any information threshold is provided to the public. Details supplied shall include at least the following information

(

a

) information on observed exceedance(

s

)

— location or area of the exceedance,

— type of threshold exceeded (information or alert),

— start time and duration of the exceedance,

— highest one hour concentration and in addition highest eight hour mean concentration in the case of ozone;

(

b

) forecast for the following afternoon/day(

s

)

— geographical area of expected exceedances of information and/or alert threshold,

— expected changes in pollution (improvement, stabilisation or deterioration), together with the reasons for those changes;

(

c

) information on the type of population concerned, possible health effects and recommended behaviour

— information on population groups at risk,

— description of likely symptoms,

— recommended precautions to be taken by the population concerned,

— where to find further information;

(

d

) information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions;

(

e

) in the case of predicted exceedances, Member State shall take steps to ensure that such details are supplied to the extent practicable.

SCHEDULE 17

PRESCRIBED BODIES

(1) The Minister for Health

(2) The Health Service Executive

(3) Local Authorities

(4) An Bord Pleanála

(5) Cystic Fibrosis Association of Ireland

(6) The Asthma Society of Ireland

(7) Met Éireann

(8) Teagasc

SCHEDULE 18

Zones and Agglomerations

Zones and Agglomerations as set by the Agency at the time these regulations were signed into law. These zones and agglomerations are subject to ongoing review by the Agency in fulfilling its function under Regulation 6.

Agglomeration A — Dublin Conurbation

The Restricted Area of Dublin, as specified in the First Schedule to the

Air Pollution Act 1987

(Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.

Zone B — Cork Conurbation

The Restricted Area of Cork, as specified in the First Schedule to the Air Pollution

Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.

Zone C — Other Cities and Large Towns

Limerick City comprising the following Electoral Divisions

Abbey A, B, C and D

Ballinacurra A and B

Ballynanty

Castle A, B, C and D

Coolraine

Custom House

Dock A, B, C and D

Farranshone

Galvone A and B

Glentworth A, B and C

Johns A, B and C

Killeely A and B

Market

Prospect A and B

Rathbane

St. Laurence

Shannon A and B

Singland A and B

Ballycummin

Ballysimon

Ballyvarra

Limerick North Rural

Limerick South Rural

Roxborough

Galway City comprising the following Electoral Divisions

Ballybaan

Baile an Bhriotaigh

Bearna

An Caisleán Gearr

Claddagh

Dangan

Eyre Square

An Cnocán Carrach

Lough Atalia

Mionlach

Mervue

Murroogh

Newcastle

Nuns Island

Rahoon

Renmore

Rockbarton

Paróiste San Nicoláis

Salthill

Shantalla

Taylors Hill

Wellpark

Waterford City comprising the following Electoral Divisions

Ballybeg North and South

Ballybricken West

Ballymaclode

Ballynakill

Ballynaneashagh

Ballytruckle

Bilberry

Centre A and B

Cleaboy

Custom House A and B

Farranshoneen

Ferrybank

Gracedieu

Grange North and South

Grange Upper

Kilbarry

Kingsmeadow

Larchville

Lisduggan

Military Road

Morrissons Avenue East

Morrison’s Avenue West

Morrissons Road

Mount Sion

Newports Square

Newtown

Park

Poleberry

Roanmore

Shortcourse

Slievekeale

The Glen

Ticor North and South

Kilculliheen

Aglish

Drogheda and environs comprising the following Electoral Divisions

Fair Gate; St. Laurence Gate; West Gate; St. Peters; and St. Marys.

Dundalk and environs comprising the following Electoral Divisions

Dundalk Urban Nos. 1, 2, 3 and 4; Castletown; Dundalk Rural; and Haggardstown.

Bray and environs comprising the following Electoral Divisions

Bray Nos. 1, 2, 3 and 4; Rathmichael (Bray); and Kilmacanoge.

Navan and environs comprising the following Electoral Divisions

Navan Urban and Navan Rural.

Ennis and environs comprising the following Electoral Divisions

Ennis Nos. 1, 2, 3 and 4 Urban; Clareabbey; Doora; Ennis Rural; and Spancelhill

Tralee and environs comprising the following Electoral Divisions

Tralee Urban; Blennerville; and Tralee Rural

Kilkenny and environs comprising the following Electoral Divisions

Kilkenny Nos. 1 and 2 Urban; and Kilkenny Rural.

Carlow and environs comprising the following Electoral Divisions

Carlow Urban; Graigue Urban; Ballinacarrig; Carlow Rural; and Graigue Rural.

Naas comprising the following Electoral Divisions

Naas Urban.

Sligo and environs comprising the following Electoral Divisions

Sligo East, North and West; and Knockaree.

Newbridge and environs comprising the following Electoral Divisions

Droichead Nua, Droichead Nua (Newbridge) Urban; Droichead Nua, Droichead Nua (Newbridge) Rural; and Morristownbiller.

Mullingar and environs comprising the following Electoral Divisions

Mullingar North and South Urban; Mullingar Rural; and Castle.

Wexford and environs comprising the following Electoral Divisions

Wexford Nos. 1, 2 and 3 Urban; and Wexford Rural.

Letterkenny and environs comprising the following Electoral Divisions

Letterkenny Urban; Ballymacool; Castlewray; Corravaddy; Edenacarnan; Letterkenny Rural; and Magheraboy.

Athlone and environs comprising the following Electoral Divisions

Athlone East and West Urban; Athlone East Rural; and Moydrum.

Celbridge and environs comprising the following Electoral Divisions

Celbridge; and Donaghcumper.

Clonmel and environs comprising the following Electoral Divisions

Clonmel East and West Urban; Clonmel Rural; and Inishlounaght.

Balbriggan and environs comprising the following Electoral Divisions

Balbriggan Rural; and Balbriggan Urban

Zone D — Rural Ireland

Remainder of the State

excluding Agglomeration A, and Zones B and C.

1 O.J. No. L 152 of 11 June 2008

2 O.J. No. L334/17 of 24 November 2010.

3 O.J. No. L 87 of 25 March 2004

4 O.J. No. L 309 of 27 November 2001

5 O.J. No. L 309 of 27 November 2001

6 O.J. No. L 189 of 18 July 2002

7 O.J. No. L 108 of 25 April 2007

8The upper assessment threshold & the lower assessment threshold for PM

2.5

do not apply to the measurements to assess compliance with the PM

2.5

exposure reduction target for the protection of human health.

5. Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (5);

6. Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (6);

7. Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (7);

8. Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (8);

9. Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants;

10. Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants;

11. Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products (9);

12. Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels (10);

13. Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (11);

14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (12).

(1) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

(2) OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 24, 29.1.2008, p. 8.

(4) OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.

(5) OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.

(6) OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC of the European Parliament and of the Council (OJ L 143, 30.4.2004, p. 87).

(7) OJ L 121, 11.5.1999, p. 13. Directive as last amended by Directive 2005/33/EC of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 59).

(8) OJ L 332, 28.12.2000, p. 91.

(9) OJ L 143, 30.4.2004, p. 87.

(10) OJ L 191, 22.7.2005, p. 59.

(11) OJ L 275, 20.10.2005, p. 1. Directive as last amended by Regulation (EC) No 715/2007 (OJ L 171, 29.6.2007, p. 1).

(12) OJ L 114, 27.4.2006, p. 64.

15. (1) The Minister, the Agency and the local authority shall take all necessary measures not entailing disproportionate costs to ensure that ozone target values and long-term objectives, as specified in Schedule 7, are attained.

(2) In zones and agglomerations in which a target value for ozone is exceeded the Agency and the local authority, or local authorities as appropriate, shall ensure that the programme prepared pursuant to Article 6 of Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants is implemented in order to attain target values save where not achievable through measures not entailing disproportionate costs.

(3) For zones and agglomerations in which the levels of ozone in ambient air are higher than the long-term objectives but below, or equal to, the target values, the Minister, the Agency and the local authority shall prepare and implement cost-effective measures with the aim of achieving the long-term objectives. Those measures shall, at least, be consistent with all the air quality plans and the programme referred to in Regulation 15(2).

(4) For the purpose of ensuring continued compliance with ozone target values and long-term objectives in zones or agglomerations the Agency shall identify the measures by which such values can be attained and the means by which the best ambient air quality standards may be preserved, insofar as factors including the transboundary nature of ozone pollution and meteorological conditions permit,

(5) The Agency shall advise the relevant local authority, or local authorities as appropriate and any statutory agency or body with relevant functional responsibility of any such measures identified under Regulation 15(4).

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

Ambient air quality management

Fine Particulate Matter PM

2.5

16. (1) The Agency shall calculate the average exposure indicator (AEI) for PM

2.5

for the State for 2011, 2015 and 2020 based on an average annual measurement derived from measurements at all the sampling points in urban background locations averaged over 3 calendar years in accordance with Section A of Schedule 14.

(2) The Agency shall ensure that the distribution of sampling points used for calculating the AEI adequately reflects the exposure of the general population.

(3) The number of sampling points used for calculating the AEI shall be more than or equal to the minimum number specified in Section B of Schedule 5.

(4) For the purpose of ensuring that current concentrations of PM

2.5

in ambient air do not exceed 25µg/m

3

and that the AEI for 2015 does not exceed the exposure concentration obligation of 20µg/m

3

the Agency shall

(

a

) identify those areas, consisting of zones or agglomerations in whole or in part, where the levels risk exceedance;

(

b

) identify the main contributing sources;

(

c

) notify this information to the relevant local authority in whose functional area each zone or agglomeration or part of a zone or agglomeration or specified source of the emissions exists or any other statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (

d

);

(

d

) specify, in consultation with the local authority, statutory body or agency concerned

(i) all the measures directed in particular at the dominant sources of emissions to ensure that levels do not exceed the specified values; and

(ii) the dates by which such measures shall be taken.

(5) The Minister, the Agency and the local authority shall ensure that the values specified for PM

2.5

in regulation 16.4 are not exceeded..

17. (1) The Agency shall establish the national exposure reduction target for PM

2.5

in accordance with Section B of Schedule 14.

(2) The Minister, the Agency and the local authority shall take all necessary measures not entailing disproportionate costs to reduce exposure to PM

2.5

with a view to attaining the national exposure reduction target established by the Agency.

Alert Thresholds

18. (1) Where any of the information or alert thresholds for pollutants in Schedules 12 are exceeded in relation to the relevant averaging periods set out in that Schedule, the Agency will make such information available to prescribed bodies and ensure that the public are informed by means of radio, television, newspapers or the internet.

(2) The Agency shall communicate to the Minister and the Commission, on a provisional basis, information concerning the levels recorded and the duration of the periods during which the alert threshold or information threshold was exceeded.

Contributions from natural sources

19. (1) The Agency shall transmit to the Commission, for a given year, lists of zones and agglomerations where exceedances of limit values for a given pollutant are attributable to natural sources

(2) The Agency shall provide information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.

Exceedances attributable to winter-sanding or —salting of roads

20. (1) The Agency may designate zones or agglomerations within which limit values for PM

10

are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or —salting of roads.

(2) The Agency shall send the Commission lists of any such zones or agglomerations together with information on concentrations and sources of PM

10

therein.

(3) When informing the Commission the Agency shall provide the necessary evidence to demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower the concentrations.

(4) In the case of zones and agglomerations referred to in Regulation 20(1), the Agency needs to establish the air quality plan provided for in Regulation 22 only in so far as exceedances are attributable to PM

10

sources other than winter-sanding or salting of roads.

Plans, information and reporting

Short-term action plans

21. (1) The Agency shall identify and notify to the relevant local authority or authorities, including, if appropriate, competent authorities in neighbouring zones in the State, 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 that the levels of pollutants will exceed one or more of the alert thresholds specified in Schedule 12.

(2) Where there is a risk that the alert threshold for ozone specified in Schedule 2 will be exceeded, 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.

(3) Where there is a risk that the alert threshold for ozone will be exceeded, the short-term action plan shall take account of Commission Decision 2004/279/EC

3

.

(4) When notified by the Agency 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 prepare an air pollution short-term 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.

(5) The Agency may set trigger levels of concentrations of ozone in ambient air, exceedance of which require the preparation of air pollution short-term action plans.

(6) A local authority, or local authorities as appropriate, shall make available free of charge 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 plans

22. (1) Where, in given zones or agglomerations, the levels of pollutants in ambient air exceed any limit value or target value, plus any relevant margin of tolerance in each case, the Agency shall ensure that air quality plans are established for those zones and agglomerations in order to achieve the related limit value or target value.

(2) For the purpose of Regulation 22(1) the Agency shall

(

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 ensure compliance with the limit value or values for the relevant pollutant within the time limit specified in the relevant Schedule for that pollutant; and

(

b

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

(3) The local authority or authorities so notified shall prepare a clear, comprehensible and accessible air quality plan, or review and revise an existing plan, to ensure compliance with the limit value or values within the time limit specified for the relevant pollutant or pollutants.

(4) Where the attainment date for a limit value has passed, the air quality plan must set out the measures intended to ensure compliance with limit value as soon as possible.

(5) Air quality plans must include the information listed in Schedule 15.

(6) Air quality plans must be communicated to the Minister and the Commission no later than two years after the end of the year the first exceedance was observed.

(7) Where an air quality plan is required in relation to more than one pollutant, the Agency must ensure the plans are integrated in relation to all pollutants concerned.

(8) Wherever possible, air quality plans must be consistent with other plans drawn up in accordance with obligations imposed under Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants

4

, Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants

5

, and Council Directive 2002/49/EC on assessment and management of environmental noise

6

.

Public information

23. (1) The Agency shall take appropriate steps, including the use of the internet, press and other easily accessible media, to ensure that clear and comprehensible information on the ambient air concentrations of pollutants within the scope of these regulations is accessible and is routinely made available to the public and to any appropriate organisations, including environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and other health care organisations considered relevant by the Agency or to any organisation which so requests.

(2) The information referred to in Regulation 23(1) shall be updated and made available as follows:-

(

a

) for sulphur dioxide, nitrogen dioxide and oxides of nitrogen and particulate matter, on at least a daily basis, and in the case of hourly values for sulphur dioxide and nitrogen dioxide, wherever practicable on an hourly basis;

(

b

) for carbon monoxide, as a maximum running average over eight hours at least on a daily basis, and where practicable on an hourly basis;

(

c

) for lead, on a three monthly basis;

(

d

) for benzene, as an average value over the preceding 12 months, on at least a three-monthly basis; and

(

e

) for ozone, on at least a daily basis, and wherever appropriate and practicable, on an hourly basis.

(3) The information referred to in Regulation 23(1) shall indicate at least:—

(

a

) any exceedance of the concentrations in the limit values and alert thresholds, if relevant, over the appropriate averaging period specified in Schedules 11 and 12;

(

b

) short assessment in relation to the limit values and alert thresholds;

(

c

) appropriate information regarding effects on health;

(

d

) forecasting of ambient air quality where practicable; and

(

e

) details of air quality plans where available.

(4) In cases where either the information threshold or the alert threshold specified in Schedule 12 for nitrogen dioxide, sulphur dioxide or ozone is exceeded the Agency shall inform the bodies prescribed in Schedule 17 and make available the following information to the public as soon as possible

(

a

) the location or area where thresholds are exceeded;

(

b

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

(

c

) the time at which the threshold was exceeded and the duration of the incident;

(

d

) in the case of ozone, the highest 1-hour and 8-hour mean concentration;

(

e

) information on preventive action to reduce pollution or public exposure to it, including an indication of the main source sectors and recommendations for action to reduce emissions.

(5) The Agency shall consult with the Health Service Executive, Met Éireann and other relevant organisations as appropriate to ensure that information on possible health effects and forecasting further expected exceedances, as specified in Schedule 16, is made available to the public.

(6) Information must be distributed free of charge in a clear and comprehensible manner taking into account the requirements of Council Directive 2007/2/EC on establishing an infrastructure for spatial information in the European Community

7

.

Annual reports

24. (1) The Agency shall publish an annual report for all the pollutants for each calendar year no later than 30 September of the following year.

(2) Annual reports must contain the following information—

(

a

) details of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Schedules 7, 11 and 12 for the relevant averaging periods.

(

b

) a summary assessment of the effects of the cases referred to in paragraph (

a

),

(

c

) lists of any zones and agglomeration where exceedances of limit values for a given pollutant are attributable to natural sources.

Transboundary air pollution

25. (1) The Agency must notify the Minister and the relevant local authority, or local authorities as appropriate, in the event of an alert threshold, limit value or target value plus any relevant margin of tolerance or long-term objective being exceeded due to significant transboundary transport of air pollution or their precursors either

(

a

) within the State; or

(

b

) in another Member State owing to transboundary transport of air pollution originating from within the State

(2) The Agency shall consult with the local authority or local authorities as appropriate as well as the relevant competent authorities in other Member States or third countries as appropriate, as to any remedial action that might be appropriate where it considers that a transboundary air pollution issue under Regulation 25.1 has arisen.

(3) Where a local authority, or local authorities as appropriate, prepare an air pollution short-term action plan under Regulation 21, with proposed measures that will or may impact upon a neighbouring zone or zones in other Member States, or where pollutant concentrations at risk of exceeding the alert threshold are due largely to precursor emissions in other Member States, 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 those Member States with a view to co-operating, where appropriate, in the drawing up of joint short-term action plans.

(4) Where information or alert thresholds are exceeded in locations close to the borders of the State—

(

a

) the relevant local authority affected must inform the Agency,

(

b

) the Agency must provide prompt information to the competent authorities in other Member States as appropriate.

Reporting

26. (1) The Agency shall make available to the Minister and the Commission information on ambient air quality for each calendar year by no later than 30 September.

(2) The information referred to in in Regulation 26.1 shall include the following

(

a

) the changes made in that year to zones and agglomerations established under Regulation 6;

(

b

) the list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit values plus the margin of tolerance where applicable or higher than target values or critical levels; and for these zones and agglomerations

(i) levels assessed and, if relevant, the dates and periods when such levels were observed;

(ii) if appropriate, an assessment on contributions from natural sources and from re-suspension of particulates following winter-sanding or —salting of roads to the levels assessed, as declared to the Commission under Regulations 19 and 20.

Revocations

27. The following are revoked

(1) The Environmental Protection Agency Act, 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 (

S.I. No. 33 of 1999

),

(2) The Air Quality Standards Regulations 2002 (

S.I. No. 271 of 2002

), and

(3) Ozone in Ambient Air Regulations 2004 (

S.I. No. 53 of 2004

).

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,

12 April 2011.

PHIL HOGAN,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

These Regulations implement Directive 2008/50/EC on ambient air quality and cleaner air for Europe (this Directive replaces Council Directive 96/62/EC on ambient air quality assessment and management, Council Directive 1999/30 EC relating to limits for sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter and lead in ambient air, Council Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air and Council Directive 2002/3/EC relating to ozone in ambient air.)

The Environmental Protection Agency is the competent authority for the purpose of Directive 2008/50/EC and these Regulations. The Agency is required to send an annual report to the Minister for the Environment, Heritage and Local Government and to the European Commission.

These Regulations also provide for the dissemination of public information, including information on any exceedances of the target values, the reasons for the exceedances, the area(

s

) in which they occurred and appropriate information regarding effects on health and impact on the environment.

These Regulations replace

S.I. No. 33 of 1999

,

S.I. No. 271 of 2002

and

S.I. No. 53 of 2004

which are revoked.

SCHEDULE 1

A.Data quality objectives for ambient air quality assessment

Sulphur dioxide, nitrogen dioxide and oxides of nitrogen and carbon monoxide

Benzene

Particulate matter (PM

10

/ PM

2.5

) andlead

Ozone and related NO and NO

2

Fixed measurements

(1)

Uncertainty Minimum data capture

Minimum time coverage

— urban background and traffic

— industrial sites

15%

90%

_

_

25%

90%

35% (2)

90%

25%

90%

_

_

15%

90% during summer

75% during winter

_

_

Indicative measurements

Uncertainty

Minimum data capture

Minimum time coverage

25%

90%

14% (4)

30%

90%

14% (3)

50%

90%

14% (4)

30%

90%

>10% during summer

Modelling uncertainty

Hourly

Eight-hour averages

Daily averages

Annual averages

50%

50%

50%

30%

_

_

_

50%

_

_

Not yet defined

50%

50%

50%

_

_

Objective estimation Uncertainty

75%

100%

100%

75%

(1) Member States may apply random measurements instead of continuous measurements for benzene, lead and particulate matter if they can demonstrate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the quality objective of 25% and the time coverage is still larger than the minimum time coverage for indicative measurements. Random sampling must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random sampling may be determined by the procedure laid down in ISO 11222 (2002) ‘Air Quality — Determination of the Uncertainty of the Time Average of Air Quality Measurements’. If random measurements are used to assess the requirements of the PM

10

limit value, the 90,4 percentile (to be lower than or equal to 50 µg/m

3

) should be evaluated instead of the number of exceedances, which is highly influenced by data coverage.

(2) Distributed over the year to be representative of various conditions for climate and traffic.

(3) One day’s measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.

(4) One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.

The uncertainty (expressed at a 95% confidence level) of the assessment methods will be evaluated in accordance with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the methodology of ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality — Approach to Uncertainty Estimation for Ambient Air Reference Measurement Methods’ (CR 14377:2002E). The percentages for uncertainty in the above table are given for individual measurements averaged over the period considered by the limit value (or target value in the case of ozone), for a 95% confidence interval. The uncertainty for the fixed measurements shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone).

The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels for 90 % of individual monitoring points, over the period considered, by the limit value (or target value in the case of ozone), without taking into account the timing of the events. The uncertainty for modelling shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone). The fixed measurements that have to be selected for comparison with modelling results shall be representative of the scale covered by the model.

The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, by the limit value (or target value in the case of ozone), 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 the normal maintenance of the instrumentation.

B. Results of air quality assessment

The following information shall be compiled for zones or agglomerations within which sources other than measurement are employed to supplement information from measurement or as the sole means of air quality assessment

— a description of assessment activities carried out,

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

— the sources of data and information,

— a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone or agglomeration over which concentrations exceed any limit value, target value or longterm objective plus margin of tolerance, if applicable, and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold,

— the population potentially exposed to levels in excess of any limit value for protection of human health.

C. Quality assurance for ambient air quality assessment: data validation

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th April

, 2011.

I, PHIL HOGAN, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by

Section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving effect to Council Directive 2008/50/EC

1

of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, hereby make the following Regulations

Citation