S.I. No. 659/2016 - Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.

1. Reference method for the measurement of sulphur dioxide

The reference method for the measurement of sulphur dioxide is that described in EN 14212:2012 “Ambient air — Standard method for the measurement of the concentration of sulphur dioxide by ultraviolet fluorescence”.

2. Reference method for the measurement of nitrogen dioxide and oxides of nitrogen

The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is that described in EN 14211:2012 “Ambient air — Standard method for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence”.

3. Reference method for the sampling and measurement of lead

The reference method for the sampling of lead is that described in Section A(4) of this Schedule. The reference method for the measurement of lead is that described in EN 14902:2005 “Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter”.

4. Reference method for the sampling and measurement of PM10

The reference method for the sampling and measurement of PM10 is that described in EN12341:2014 “Ambient Air — standard gravimetric measurement method for the determination of the PM10 or PM2.5 mass concentration of suspended particulate matter”.

5. Reference method for the sampling and measurement of PM2.5

The reference method for the sampling and measurement of PM2.5 is that described in EN12341:2014 “Ambient Air — standard gravimetric measurement method for the determination of the PM10 or PM2,5 mass concentration of suspended particulate matter”

6. Reference method for the sampling and measurement of benzene

The reference method for the measurement of benzene is that described in EN 14662:2005, parts 1, 2 and 3 ‘Ambient air quality — Standard method for measurement of benzene concentrations’.

7. Reference method for the measurement of carbon monoxide

The reference method for the measurement of carbon monoxide is that described in EN 14626:2012 “Ambient air — Standard method for the measurement of the concentration of carbon monoxide by non-dispersive infrared spectroscopy”.

8. Reference method for measurement of ozone

The reference method for the measurement of ozone is that described in EN 14625:2012 “Ambient air — Standard method for the measurement of the concentration of ozone by ultraviolet photometry”.”

(7) In Schedule 6, by the deletion of Section D;

(8) In Schedule 6, by the substitution of the following for Section E

“E. Mutual recognition of data

When demonstrating that equipment meets the performance requirements of the reference methods listed in Section A of this Schedule, the competent authorities and bodies designated pursuant to Article 3 shall accept test reports issued in other Member States provided that the test laboratories are accredited to the relevant harmonised standard for testing and calibration laboratories.

The detailed test reports and all the results of the tests shall be available to other competent authorities or their designated bodies. Test reports shall demonstrate that the equipment meets all the performance requirements including where some environmental and site conditions are specific to a Member State and are outside the conditions for which the equipment has been already tested and type approved in another Member State;”

(9) In Schedule 9, by the substitution of the following for Section A

“

A. Minimum number of sampling points for fixed measurements of concentrations of ozone

Minimum number of sampling points for fixed continuous measurements to assess compliance with target values, long — term objectives and information and alert thresholds where such measurements are the sole source of information.

Population ( 1000)

Agglomeration(1)

Other zones(1)

Rural background

<250

1

1 station/50000 km2 as an average density over all zones per country(2)

<500

1

2

<1000

2

2

<1500

3

3

<2000

3

4

<2750

4

5

<3750

5

6

>3750

One additional station per 2 million inhabitants

One additional station per 2 million inhabitants

(1) At least 1 station in areas where exposure of the population to the highest concentrations of ozone 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.”

Given under my Official Seal,

28 December 2016.

DENIS NAUGHTEN,

Minister for Communications Climate Action and Environment.

EXPLANATORY NOTE

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

These Regulations transpose Commission Directive (EU) 2015/1480 of 28 August 2015 amending several annexes to Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality.

In so doing, they amend the Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (

S.I. No. 58 of 2009

) and Air Quality Standards Regulations 2011(

S.I. No. 180 of 2011

) respectively, which transposed the earlier Directives.

1 OJ L 226, 29.8.2015

2 OJ L 23, 26.1.2005

3 OJ L 152, 11.6.2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th January

, 2017.

I, DENIS NAUGHTEN, Minister for the Communications, Climate Action & Environment, in exercise of the powers conferred on me by

Sections 10

,

20

,

21

,

46

,

47

,

49

,

50

and

52

of the

Air Pollution Act 1987

(No. 6 of 1987) and by sections 6 (as amended by

Section 8

of the

Protection of the Environment Act 2003

(No. 27 of 2003)), 53, 54, 56 and 80 of the

Environmental Protection Agency Act 1992

(No. 7 of 1992) and by the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (

S.I. No. 393 of 2016

(as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (

S.I. No. 421 of 2016

) and by

Section 3

of the

European Communities Act 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive 2015/1480/EU

1

amending several annexes to Directives 2004/107/EC

2

and 2008/50/EC

3

of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality, hereby make the following Regulations

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