AMBIENT AIR QUALITY REGULATIONS

SUBSIDIARY LEGISLATION 549.59

AMBIENT AIR QUALITY REGULATIONS

9th November, 2010

LEGAL NOTICE 478 of 2010, as amended by Legal Notices 482 of 2011,

33 of 2015 and 415 of 2016 and 133 of 2021.

(1) The title of these regulations is the Ambient Air

Quality Regulations.

(2) These regulations also transpose Directive 2004/107/EC of the

European Parliament and of the Council of 15 December 2004 relating

to arsenic, cadmium, mercury and nickel and polycyclic aromatic

hydrocarbons in ambient air; Directive 2008/50/EC of the European

Parliament and of the Council of 21 May 2008 on ambient air quality

and cleaner air for Europe; and 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.

For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Environment Protection Act, or any other

Act substituting it;

"agglomeration" means a zone that is a conurbation with a

p o p u l a t i o n i n e x c e s s o f 2 5 0 , 0 0 0 i n h a b i t a n t s o r, w h e r e t h e

population is 250,000 inhabitants or less, with a given population

density per km 2 to be established by the competent authority;

"air quality plans" means plans that set out measures in order to

attain the limit values or target values;

"alert threshold" means a level beyond which there is a risk to

human health from brief exposure for the population as a whole and

at which immediate steps are to be taken by the competent

authority;

"ambient air" means outdoor air in the troposphere, excluding

workplaces within the scope of the Work Place (Minimum Health

and Safety Requirements) Regulations, where provisions

concerning health and safety at work apply and to which members

of the public do not have regular access;

"arsenic", "cadmium", "nickel" and "benzo(a)pyrene" mean the

total content of these elements and compounds in the PM 1 0

fraction;

"assessment" means any method used to measure, calculate,

predict or estimate levels;

"average exposure indicator" means an average level determined

on the basis of measurements at urban background locations

throughout Malta and which reflects population exposure. It is used

to calculate the national exposure reduction target and the exposure

concentration obligation;

"the competent authority" means the Environment and

Resources Authority, or such other authority as may substitute it;

"contributions from natural sources" means em issions of

pollutants not caused directly or indirectly by human activities,

including natural events such as volcanic eruptions, seismic

activities, geothermal activities, wild-land fires, highwind events,

sea sprays or the atmospheric re-suspension or transport of natural

particles from dry regions;

"critical level" means a level fixed on the basis of scientific

knowledge, above which direct adverse effects may occur on some

receptors, such as trees, other plants or natural ecosystems but not

on humans;

"exposure concentration obligation" means a level fixed on the

basis of the average exposure indicator with the aim of reducing

harmful effects on human health, to be attained over a given

period;

"emission" means the discharge of substances into the air;

"fixed measurements" means measurements taken at fixed sites,

either continuously or by random sampling, to determine the levels

in accordance with the relevant data quality objectives;

"group A pollutants" means sulphur dioxide, nitrogen dioxide

and oxides of nitrogen, particulate matter (PM 10 and PM 2.5 ), lead,

benzene and carbon monoxide;

"group B pollutants" means Arsenic, Cadmium, Nickel and

Benzo(a)pyrene;

"group C pollutants" means benzo(a)anthracene,

benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)

fluoranthene, indeno(1,2,3-cd)pyrene, and dibenzo(a,h)

anthracene;

"indicative measurements" means measurements which meet

data quality objectives that are less strict than those required for

fixed measurements;

"information threshold" means a level beyond which there is a

risk to human health from brief exposure for particularly sensitive

sections of the population and for which immediate and appropriate

information is necessary;

"level" means the concentration of a pollutant in ambient air or

the deposition thereof on surfaces in a given time;

"limit value" means a level fixed on the basis of scientific

knowledge, with the aim of avoiding, preventing or reducing

harmful effects on human health or the environment as a whole, to

be attained within a given period and not to be exceeded once

attained;

"long-term objective" means a level to be attained in the long

term, save where not achievable through proportionate measures,

with the aim of providing effective protection of human health and

the environment;

"lower assessment threshold" means a level below which

modelling or objective-estimation techniques alone may be used to

assess ambient air quality;

"margin of tolerance" means the percentage of the limit value by

which that value may be exceeded subject to the conditions laid

down in these regulations;

"Member State" means a Member State of the European Union;

"the Minister" means the Minister responsible for the

environment;

"natio nal ex posure redu ctio n target" means a percentage

reduction of the average exposure of the population of Malta set for

the reference year with the aim of reducing harmful effects on

human health, to be attained where possible over a given period;

"operator" means any natural or legal person who operates any

industrial concern which has an adverse impact on air quality, or

who has or has been delegated decisive economic power over the

concern;

"oxides of nitrogen" means the sum of the volume mixing ratio

(ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide

expressed in units of mass concentration of nitrogen dioxide (μg/

m 3 );

"ozone precursor substances" means substances which contribute

to the formation of ground-level ozone, some of which are listed in

Schedule 6;

"PM 10 " means particulate matter which passes through a size-

selective inlet as defined in the reference method for the sampling

and measurement of PM 10 , EN 12341, with a 50% efficiency cut-

off at 10 μm aerodynamic diameter;

"PM 2.5 " means particulate matter which passes through a size-

selective inlet as defined in the reference method for the sampling

and measurement of PM 2.5 , EN 14907, with a 50% efficiency cut-

off at 2.5 μm aerodynamic diameter;

"pollutant" means any substance present in ambient air and likely

to have harmful effects on human health or the environment as a

whole;

"polycyclic aromatic hydrocarbons" means those organic

compounds, composed of at least two fused aromatic rings made

entirely from carbon and hydrogen;

"target value" means a level fixed with the aim of avoiding,

preventing or reducing harmful effects on human health or the

environment as a whole, to be attained where possible over a given

period;

"Technical instruction on Air Quality Control" means the latest

guidance note approved by the competent authority on air quality

control;

"total gaseous mercury" means elemental mercury vapour (Hg 0 )

and reactive gaseous mercury, such as water-soluble mercury

species with sufficiently high vapour pressure to exist in the gas

phase;

"total or bulk deposition" means the total mass of pollutants

which is transferred from the atmosphere to surfaces (such as soil,

vegetation, water, buildings, etc.) in a given area within a given

time;

"upper assessment threshold" means a level below which a

combination of fixed measurements and modelling techniques or

indicative measurements may be used to assess ambient air quality;

"urban background locations" means places in urban areas where

levels are representative of the exposure of the general urban

population;

"volatile organic compounds" (VOC) means organic compounds

from anthropogenic and biogenic sources, other than methane, that

are capable of producing photochemical oxidants by reactions with

nitrogen oxides in the presence of sunlight;

"zone" means any part of Malta as delimited by the competent

authority for the purposes of air quality assessment and

management.

(1)

The competent authority shall be responsible

(a) for the assessment of ambient air quality;

(b) for ensuring the accuracy of measurements;

(c) for the analysis of assessment methods;

(d) for the coordination of Community-wide quality

assurance programmes organised by the European

Commission;

(e) for cooperating with other Member States and with the

European Commission;

(f)

for the approval of measurement systems (methods,

equipment, networks and laboratories).

(2) The Minister shall designate the competent authorities

responsible for the approval of measurement systems (methods,

equipment, networks and laboratories).

Measures taken under regulations 33(3) and 37 shall take

into account an integrated approach to the protection of air, water

and soil and shall not have a negative effect on any other Member

State.

(1) The competent authority shall, for the purposes of

these regulations, divide Malta into zones and agglomerations.

(2) The competent authority shall assess and manage air quality

throughout all the zones and agglomerations.

(3) The competent authority may establish different zones for

different pollutants where this is considered appropriate.

Schedule 2 prescribes the following upper and lower

assessment thresholds

(a) for Group A pollutants, the upper and lower

assessment thresholds set out in paragraphs 1 to 6 of

Section A of the said Schedule; and

(b) for Group B pollutants, the upper and lower

assessment thresholds set out in paragraph 7 of Section

A of the said Schedule.

Part III of Section D of Schedule 7 prescribes the long term

objectives for ozone.

(1) Zones shall be classified in relation to the assessment

thresholds in regulation 6 and the long term objectives in

regulation 7.

(2) Classification of the zones under sub-regulation (1) shall be

reviewed at least every five years in accordance with the procedure

laid down in Section B of Schedule 2 for both group A and group B

pollutants.

(3) Classification shall be reviewed earlier in the event of a

significant change in the activities relevant to the concentrations of

both groups of pollutants in ambient air.

The competent authority shall assess ambient air quality

with respect to group A and group B pollutants and ozone in all the

zones and agglomerations in accordance with the criteria laid down

in Schedule 3 and in accordance with the criteria in regulations 10,

11 and 12.

(1) The competent authority shall assess the concentration

of group A pollutants and of group B pollutants in those zones and

agglomerations in which the levels of these pollutants exceed the

upper assessment thresholds in regulation 6.

(2) The competent authority shall assess the concentration of

ozone in those zones and agglomerations where the long term

objectives specified in regulation 7 have been exceeded during any

of the previous five years of measurements, during which fixed

measurements were recorded.

(3) In order to comply with the requirements of sub-regulations

(1) and (2), the competent authority shall assess the concentrations

of

(a) group

A

substances

by

fixed

continuous

measurements;

(b) group B substances by fixed continuous measurements

or by random sampling. The number of measurements

shall be sufficient to enable the levels to be

determined;

(c) ozone by fixed continuous measurements.

(4) Measurements in sub-regulation (3) may be supplemented

by modelling techniques or indicative measurements to provide

adequate information on the spatial distribution of the ambient air

quality.

(1) The

competent

authority

shall

assess

the

concentrations of group A and group B pollutants by a combination

of fixed measurements and modelling techniques or indicative

measurements in those zones and agglomerations where the

concentration of these pollutants is below the upper assessment

threshold but above the lower assessment threshold.

(2) In order to determine whether the concentrations of group B

pollutants in the respective zones and agglomerations are within

the concentration range in sub-regulation (1), the competent

authority shall use the method in Section B of Schedule 2.

(3) In order to comply with the requirements of sub-regulation

(1) with respect to group B pollutants, the competent authority may

use the indicative measurements referred to in Part I of Section B

of Schedule 1.

(1) The

competent

authority

shall

assess

the

concentrations of group A and group B pollutants by modelling

techniques or objective estimation techniques, in those zones and

agglomerations were the concentration of these pollutants is below

the lower assessment threshold.

(2) In order to determine whether the concentrations of group B

pollutants in the respective zones and agglomerations are below the

concentration in sub-regulation (1), the competent authority shall

use the method in Section B of Schedule 2.

The competent authority shall assess the contribution of

benzo(a)pyrene in ambient air by monitoring also for the group C

pollutants at a limited number of measurement sites. The

monitoring sites for the group C pollutants shall be co-located with

the sampling sites for benzo(a)pyrene and shall be selected in such

a way that the long term trends can be identified. Part II of Section

B, Part II of Section C and Part I of Section D of Schedule 3 shall

apply.

(1) In addition to the requirements of regulations 10, 11

and 12, the competent authority shall measure the concentration of

group A pollutants, of group B pollutants, of group C pollutants,

mercury and of ozone at a rural background location away from

significant sources of air pollution.

(2) The competent authority shall also measure the total

deposition of group B pollutants, group C pollutants and mercury at

the background site.

(3) The competent authority shall use the readings from the

background station in order to assess the total mass concentration

and the chemical speciation of PM 2.5 on an annual average basis.

The data quality objectives in Parts I and III of Section A of

Schedule 1 shall apply for the mass concentration measurements of

particulate matter. Schedule 4 shall apply in its entirety.

(1) Sampling points shall be determined using the criteria

listed in the relevant sections of Schedule 3.

(2) The minimum number of sampling points in each zone or

agglomeration shall not be less than the minimum number of

sampling points prescribed by Schedule 5 as follows

(a) Part I(1) of Section A of Schedule 5 for group A

pollutants;

(b) Section B (1) of Schedule 5 for group B pollutants;

and

(c) Part I of Section C of Schedule 5 for ozone.

(1) The competent authority shall measure the

concentration of nitrogen dioxide at a minimum of 50% of the

ozone sampling points required under Part I of Section C of

Schedule 5. The measurement shall be continuous.

(2) The number of sampling points for the fixed measurement

of ozone in those zones and agglomerations where during each of

the previous five years of measurement, concentrations were below

the long term objectives, shall be in accordance with Part II of

Section C of Schedule 5.

(3) The competent authority shall set up at least one sampling

point in order to measure the concentrations of the ozone precursor

substances listed in Schedule 6, taking into account the objectives

and methods laid down in the said schedule.

The competent authority shall achieve the data quality

objectives laid down in Schedule 1.

The competent authority shall use the reference methods in

Schedule 10 in order to measure the

(a) concentrations in ambient air of group A pollutants;

(b) concentrations in ambient air of ozone; and

(c) concentrations in ambient air and deposition rates of

group B pollutants.

(1) The competent authority shall take any action it deems

necessary in accordance with the powers granted to it under the

Act, to make sure that the levels of group A and group B pollutants

d o n o t e x c e e d t h e a p p l i c a b l e l i m i t v a l u e s o r t a rg e t v a l u e s

prescribed by the relevant sections of Schedule 7, in those zones

and agglomerations in which the ambient levels of these pollutants

are below the applicable limit or target values.

(2) The best ambient air quality, compatible with sustainable

development shall be maintained throughout these zones and

agglomerations.

(1) The competent authority shall take any action it deems

necessary in accordance with the powers granted to it under the Act

in order to ensure that throughout the zones and agglomerations in

Malta

(a) the levels of sulphur dioxide, PM 10 , lead and carbon

monoxide do not exceed the applicable limit values

prescribed by the relevant sections of Schedule 7; and

(b) the levels of benzene and nitrogen dioxide do not

exceed the applicable limit values prescribed by the

relevant sections of Schedule 7 from the dates

specified therein; and

(c) as from the 31 December 2012 the levels of group B

pollutants do not exceed the target values prescribed

by the relevant sections of Schedule 7.

(2) Compliance with these requirements shall be assessed in

accordance with Schedule 3.

(3) The margins of tolerance laid down in Schedule 7 shall

apply in accordance with regulation 31(1).

(4) The alert thresholds for concentrations of sulphur dioxide

and nitrogen dioxide in ambient air shall be those prescribed by

Section A of Schedule 8.

The competent authority shall draw up a list of zones and

agglomerations where the target values in Schedule 7 for group B

pollutants are exceeded. The competent authority shall specify the

areas of exceedance and the sources contributing thereto.

(1) The critical levels for the protection of vegetation

shall be those prescribed by Schedule 9 and assessed in accordance

with Section A of Schedule 3.

(2) Where fixed measurements are the sole source of

information for assessing air quality, the number of sampling points

shall not be less than the minimum number specified in Part III of

Section A of Schedule 5.

(3) Where information for assessing air quality is

supplemented by indicative measurements or modelling, the

minimum number of sampling points may be reduced by up to 50%

as long as the assessed concentrations of the relevant pollutant can

be a ssessed in ac cordance with t he data quality objective s

prescribed by Part I of Section A of Schedule 1.

(1) The national PM 2.5 exposure reduction target shall be

that prescribed by Part II of Section B of Schedule 7. This

reduction shall be attained by the year specified therein.

(2) By 2015, the average exposure indicator shall not exceed

the exposure concentration obligation prescribed by Part III of

Section B of Schedule 7. The PM 2.5 average exposure indicator

shall be assessed as prescribed by Part I of Section B of Schedule 7.

(3) In accordance with Schedule 3, the distribution and number

of sampling points on which the average exposure indicator for

PM 2.5 is based shall adequately reflect the general population

exposure. The number of sampling points shall be no less than that

prescribed by Part II of Section A of Schedule 5.

(1) Concentrations of PM 2.5 in ambient air shall not

exceed the target value prescribed by Part IV of Section A of

Schedule 7, by the date specified therein.

(2) Concentrations of PM 2.5 in ambient air shall not exceed the

limit value prescribed by Part V of Section A of Schedule 7

throughout the zone and the agglomeration, by the date specified

therein. Compliance with this requirement shall be assessed as

prescribed by Schedule 3.

(3) The margins of tolerance in Part V of Section A of

Schedule 7 shall apply in accordance with regulation 32(1).

(1) The target values for ozone shall be those prescribed in

Part II of Section D of Schedule 7.

(2) The long-term objectives for ozone shall be those

prescribed in Part III of Section D of Schedule 7.

(3) In those zones and agglomerations in which the levels of

ozone in ambient air are higher than the target values in sub-

regulation (1), these target values shall be attained as from the

dates prescribed in Part II of Section D of Schedule 7, through the

implementation of the progra mme prepared pursuant to the

National Emissions Ceilings for Certain Atmospheric Pollutants

Regulations and if necessary through the implementation of an air

quality plan.

(4) In those zones and agglomerations in which the levels of

ozone in ambient air are higher than the long-term objectives in

sub-regulation (2), but lower than or equal to the target values in

sub-regulation (1), the long-term objectives shall be achieved

through the implementation of cost-effective measures. These

measures shall at least be consistent with all the air quality plans

and the programmes in sub-regulation (3).

(5) The levels of ozone in ambient air shall be kept below the

long-term objectives in sub-regulation (2) in those zones and

agglomerations in which the levels of ozone in ambient air meet

these long-term objectives, taking into consideration the

transboundary nature of ozone pollution and meteorological

conditions. The best ambient air quality compatible with a high

level of environmental and human health protection shall be

preserved.

The competent authority shall prepare a guidance document

for the conduction of air quality studies.

Repealed by Legal Notice 133 of 2021.

Repealed by Legal Notice 133 of 2021.

Any air quality studies required under any other

regulations issued under the Act shall be carried out according to

the guidance document issued under regulation 26(2) and shall

make reference to the pollutant levels in regulations 19 and 20.

(1) An Air Quality Plan sub-committee is hereby being

appointed with an aim of being consulted by the competent

authority prior to the issuing of the Action Plans under regulation

33(1).

(2)

The composition of the sub-committee shall consist of

(a) the Director of

Environmental

Health

or

his

representative;

(b) the Director of Environment Protection (Environment

and Resources Authority) or his representative;

(c) the Director of Planning (Planning Authority) or his

representative;

(d) the Chief Executive Officer of the Transport Authority

or his representative;

(e) the representative of the Malta Chamber of Commerce,

Enterprise and Industry;

(f)

the representative of the Malta Chamber of Small and

Medium Enterprises (SMEs);

(g) the representative of the Local Councils Association;

(h) a representative of the Environmental NGOs;

(i)

a representative of the Public Health NGOs.

(1) In order to assess compliance with the limit values,

target values, long-term objectives and the national exposure

reduction target in Schedule 7 the competent authority shall

compile an air quality report on a yearly basis. The report shall be

due on the 30th November of each subsequent year.

(2) The report shall include an analysis of the results of the

monitoring of the atmospheric levels of group A and group B

pollutants and ozone throughout Malta and shall also summarise

the levels exceeding limit values, target values, l ong-term

objectives, information thresholds and alert thresholds, for the

relevant averaging periods. This information shall be combined

with a summary assessment of the effects of these exceedances.

(3) These reports may also include, where appropriate, further

information such as information on other pollutants such as the

selected non-regulated ozone precursor substances as listed in part

B of Schedule 6.

(1) The Minister shall, upon the competent authority’s

advice, declare an Air Quality Management Area wherever

(a) the limit values, target values, long term objectives or

the national exposure reduction target in Schedule 7,

are not being achieved, keeping in mind the dates by

when the limit values, target values, long term

objectives or the national exposure reduction target are

to be achieved;

(b) it is forecasted, through the use of predictive

modelling software that the limit values, target values,

long term objectives or the national exposure

reduction target in Schedule 7, will be exceeded.

(2) The Air Quality Management area shall be declared by the

issuing of an Air Quality Management Order in terms of the details

in Schedule 13. The Air Quality Management Order shall be

published in the Gazette.

(3) An order made under sub-regulation (2) may be revoked if

as a result of a subsequent air quality assessment it is shown that

the limit values, target values, long term objectives and the national

exposure reduction target in Schedule 7 are being achieved in a

location which had been previously designated as an Air Quality

Management Area under sub-regulation (1).

(1) Where an order under regulation 32(2) comes into

effect, the competent authority shall, before the expiration of the

twelve month period beginning with the publication of the order in

the Gazette, prepare an Air Quality Action Plan for the area in

question, which shall aim to keep the exceedance period as short as

possible.

(2) The Action Plan referred to in sub-regulation (1) shall, as a

minimum, include

(a) the information in Schedule 11; and

(b) a statement of any time within which the measures

comprised in the action plan are to be implemented.

(3) The Action Plans compiled under sub-regulation (1) shall

also include all those measures necessary in order to ensure that the

limit values, target values, long term objectives or the national

exposure target in Schedule 7 will be complied within the area in

question. Action plans shall contain measures which can, through

the use of predictive modelling software amongst other techniques,

be shown to cause a decrease in the ambient levels of the pollutants

concerned in the area in question, and may include amongst other

things

(a) the restriction or rerouting of traffic flows;

(b) temporary bans on the passage of heavy goods

vehicles not compliant with certain Euro Standards (to

be determined by modelling);

(c) temporary suspension of any commercial or industrial

activity having an adverse effect on air quality, such as

stone quarrying, stone cutting and polishing, and

industrial plants, among others;

(d) measures in relation to ships at berth in nearby ports;

(e) time-limits on the granting of development planning

permits; and

(f)

suspension of any construction works in the area.

(4) In the compilation of the action plan, the competent

aut horit y shal l con sult t he sub -co mm i tte e ap po int ed un der

regulation 30.

(5) If the air quality action plan in sub-regulation (1) is

triggered by an exceedance of the environmental quality objectives

in sub-regulation (3) for more than 1 pollutant then the competent

authority shall prepare and implement an integrated air quality

action plan targeting all the pollutants concerned.

The competent authority may from time to time revise the

action plan issued under regulation 33(1).

Any action plan issued under regulation 33(1), shall be

consistent with any plans required under the -

(a) Large Combustion Plants Regulations;

(b) Limitation of Emissions

of

Certain

Atmospheric

Pollutants Regulations; and

(c) Assessment and Management of Environment Noise

Regulations,

in order to achieve the relevant environmental objectives.

(1) The competent authority shall draw up Short Term Air

Quality Action plans for those zones and agglomerations for which

there is as risk that the pollutant levels exceed one or more of the

alert thresholds in Schedule 8.

(2) The Short Term Air Quality Action plan shall take into

account Decision 2004/279/EC and shall indicate the measures to

be taken in order to reduce the risk or duration of the exceedances

in sub-regulation (1).

The action plans compiled under regulation 33(1) shall

include all those measures necessary in order to ensure that the

alert thresholds in Schedule 8 will be not be exceeded in the zones

and agglomerations in question. These action plans shall contain

measures which can through the use of predictive modelling

software, amongst other techniques, be shown to cause a decrease

in the ambient levels of the pollutants concerned in the area in

question, and may include amongst other things

(a) the restriction or rerouting of traffic flows;

(b) temporary bans on the passage of heavy goods

vehicles not compliant with certain Euro Standards (to

be determined by modelling);

(c) temporary suspension of any commercial or industrial

activity having an adverse effect on air quality are

carried out, such as stone quarrying, stone cutting and

polishing, and industrial plants, among others;

(d) measures in relation to ships at berth in nearby ports;

(e) time-limits on the granting of development planning

permits; and

(f)

suspension of any construction works in the area.

In case of exceedances of the alert thresholds for ozone as

prescribed by Schedule 8, action plans in regulation 33(1) will only

be required if following an assessment carried out by the competent

a u t ho ri ty, it r e s u lt s th a t ta ki ng t he n a t io na l , g e o gr a p hi c a l ,

meteorological and economic consideration into account the action

plan will result in a reduction of the risk, duration or severity of

such an exceedance.

The general public shall be duly and effectively informed

by means of radio, television, newspapers and the internet amongst

other things, of any exceedances of the information and alert

thresholds prescribed by Schedule 8.

(1) The competent authority shall adequately and in good

time inform the general public as well as appropriate organisations,

including environmental organisations, consumer organisations,

organisations representing the interests of sensitive populations,

other relevant health care bodies and the relevant industrial

federations, of the following

(a) ambient air quality in accordance with Schedule 12;

(b) any postponement decisions taken pursuant to Article

22(1) of Directive 2008/50/EC of the European

Parliament and of the Council of the 21 May 2008 on

ambient air quality and cleaner air for Europe;

(c) any exemptions pursuant to Article 22(2) of Directive

2008/50/EC of the European Parliament and of the

Council of the 21 May 2008 on ambient air quality and

cleaner air for Europe;

(d) air quality plans as provided for in Articles 22(1), 23

and the programmes referred to in Article 17(2) of

Directive 2008/50/EC of the European Parliament and

of the Council of the 21 May 2008 on ambient air

quality and cleaner air for Europe and regulations

33(1) and 36(1) as well as the programme in regulation

25(3).

(2) The competent authority shall make the information in sub-

regulation (1) available free of charge by means of any accessible

media including the Internet or any other appropriate means of

telecommunication, and shall take into account the provisions laid

down in Directive 2007/2/EC of the European Parliament and of

the Council of 14 March 2007 establishing an Infrastructure for

Spatial Information in the European Community (INSPIRE).

(3) The competent authority shall make available to the public

the annual reports for all pollutants required by regulation 31(1).

(4) The competent authority shall also inform the public of the

all oc ati o n of res po nsi bi li t ies i n term s of th e p rov isi on s of

regulation 3.

(1) Where any alert threshold, limit value, target value or

long-term objective is exceeded due to significant transboundary

transport of air pollutants or their precursors from neighbouring EU

M e m b e r St a t e s , t h e c o m p e t e n t a u t h o r i t y s h a l l c o n t a c t t h e

competent authorities within the concerned Member States in order

to initiate the process in Article 25(1) of Directive 2008/50/EC, the

aim of which is to cooperate and, where appropriate, draw up joint

activities, such as the preparation of joint or coordinated air quality

plans pursuant to Article 23 of Directive 2008/50/EC in order to

remove such exceedances through the application of appropriate

but proportionate measures.

(2)

The competent authority shall, if appropriate, pursuant to

Article 24 of the Directive approach the competent authorities

within the neighbouring Member States in order to prepare and

contribute to the implementation of joint short-term action plans

c o v e r i n g n e i g h b o u r i n g z o n e s i n o t h e r M e m b e r St a t e s . T h e

competent authority shall ensure that neighbouring zones in other

Member States which have developed short-term action plans

receive all appropriate information.

(3) Where the information threshold or alert thresholds are

exceeded in zones or agglomerations close to national borders,

information shall be provided as soon as possible to the competent

authorities in the neighbouring Member States concerned. That

information shall also be made available to the public.

(4) In drawing up plans as provided for in sub-regulations (1)

and (2) and in informing the public as referred to in sub-regulation

(3), the competent authority shall, where appropriate, endeavour to

pursue cooperation with third countries, and in particular with

candidate countries.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any order lawfully given in

terms of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he conspires, attempts, aids, or abets, any other person

by whatever means, including advertising, counselling

or procurement to contravene the provisions of these

regulations or to fail to comply with any such

provisions, including any order lawfully given in terms

of any of the provision of these regulations, or to

contravene any restriction, prohibition or requirement

imposed by or under the said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand two hundred euro (€1,200) but not

exceeding two thousand three hundred euro (€2,300);

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two thousand three hundred euro

(€2,300), but not exceeding eleven thousand six

hundred euro (€11,600) or to imprisonment for a term

not exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of any

permit issued by the competent authority and the confiscation of

the corpus delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so that the disqualification from

holding or obtain a licence, permit or authority shall in no case be

for less than one year.

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

t h e p r o c e d u r e b e f o r e t h e sa i d c o u r t s a s c o u r t s o f c r i m i n a l

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

Schedule 1

Substituted by

L.N. 415 of 2016.

Data quality objectives

A. Data quality objectives for group A pollutants and for ozone.

I.

Data quality objectives for ambient air quality assessment

Sulphur

dioxide,

Particulate

nitrogen

matter

Ozone and

dioxide and

Benzene

(PM 10 /

related NO

oxides of

PM 2.5 ) and

and NO 2

nitrogen and

lead

carbon

monoxide

Fixed measurements ( 1 )

15%

25%

25%

15%

Uncertainty

Minimum data capture

90%

90%

90%

90% during

summer,

75% during

winter

Minimum time coverage

35% (2)

Urban background and

-

-

-

traffic

Industrial sites

-

90%

-

-

Indicative measurements

Uncertainty

25%

30%

50%

30%

Minimum data capture

90%

90%

90%

90%

14% (4)

14% (3)

14% (4)

Minimum time coverage

> 10%

during

summer

Modelling uncertainty

Hourly

50%

-

-

50%

Eight-hour averages

50%

-

-

50%

Daily averages

50%

-

Not yet

-

defined

Annual averages

30%

50%

50%

-

Objective estimation

Uncertainty

75%

100%

100%

75%

(1). Random measurements instead of continuous measurements for benzene, lead and

particulate matter if it can be demonstrated 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.

Sulphur

dioxide,

Particulate

nitrogen

matter

Ozone and

dioxide and

Benzene

(PM 10 /

related NO

oxides of

PM 2.5 ) and

and NO 2

nitrogen and

lead

carbon

monoxide

(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 5725:2004 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 for ozone).

The uncertainty for modelling is defined as the maximum deviation of the

measured and calculated concentration levels for the 90% 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.

II.

Results of air quality assessment

The following information shall be compiled for zones and 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 the assessment activities carried out,

-

the specific methods used, with reference 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 long term 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.

Quality assurance for ambient air quality assessment: data validation

1. To ensure accuracy of measurements and compliance with data quality

objectives laid down in Section I, the appropriate competent authorities and bodies

designated pursuant to regulation 3 shall ensure the following

that all measurements undertaken in relation to the assessment of

ambient air quality pursuant to regulations 9, 10, 11, 12, 13 and 14 and

are traceable in accordance with the requirements set out in harmonised

standard for testing and calibration laboratories,

those institutions operating networks and individual stations have an

established quality assurance and quality control system which provides

for regular maintenance to assure continued accuracy of measuring

devices The quality system shall be reviewed as necessary and at least

every five years by the relevant National Reference Laboratory,

that a quality assurance/quality control process is established for the

process of data collection and reporting and that institutions appointed

for this task actively participate in the related Union-wide quality

assurance programmes,

that the National Reference Laboratory, is appointed by the competent

authority or body designated pursuant to regulation 3 and is accredited

for the reference methods referred to in Schedule 10, at least for those

pollutants for which concentrations are above the lower assessment

threshold, according to the relevant harmonised standard for testing and

calibration laboratories, the reference to which has been published in

the Official Journal of the European Union pursuant to Article 2(9) of

Regulation (EC) No 765/2008 setting out requirements for accreditation

and market surveillance. This laboratory shall also be responsible for

the coordination in the Maltese territory of the Union-wide quality

assurance programmes to be organised by the Commission’s Joint

Research Centre and shall also be responsible for coordinating, on the

national level, the appropriate use of reference methods, and the

demonstration of equivalence of non-reference methods. The National

Reference Laboratory nominated by the competent authority pursuant to

regulation 3 should also be accredited for inter-comparisons according

to the relevant harmonised standard for proficiency testing,

that the National Reference Laboratory, takes part at least every three

years in Union-wide quality assurance programmes organised by the

Commission’s Joint Research Centre, If this participation produces

unsatisfactory results then the national laboratory should demonstrate at

the next participation in the intercomparision satisfactory remediation

measures, and provide a report to the Joint Research Centre on these,

that the National Reference Laboratory supports the work done by the

European network of National Reference Laboratories set up by the

Commission.

2. All reported data under Article 27 of Directive 2008/50/EC shall be deemed

to be valid except data flagged as provisional.

B. Data quality objectives for group B pollutants.

Data quality objectives

The following data quality objectives are provided as a guide to quality assurance.

Polycyclic

aromatic

hydrocarbon

Arsenic,

Benzo (a)

s other than

Total

cadmium

pyrene

benzo (a)

deposition

and Nickel pyrene, total

gaseous

mercury

- Uncertainty

Fixed and indicative

50%

40%

50%

70%

measurements

Modelling

60%

60%

60%

60%

- Minimum data capture

90%

90%

90%

90%

- Minimum time coverage

Fixed measurements (1)

33%

50%

Indicative

14%

14%

14%

33%

measurements (1)(2)

(1) Distributed over the year to be representative of various conditions for climate and

anthropogenic activities.

(2) Indicative measurement being measurements which are performed at reduced regularity

but fulfil other data quality objectives.

The uncertainty (expressed at a 95% confidence interval) of the methods used for

the assessment of ambient air concentrations 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 are given for individual measurements should be interpreted as being

applicable in the region of the appropriate target value. Fixed and indicative

measurements must be evenly distributed over the year in order to avoid skewing of

results.

The requirements for minimum data capture and time coverage do not include

losses of data due to regular calibration or normal maintenance of the

instrumentation. Twenty-four-hour sampling is required for the measurement of

benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual

samples taken over a period of up to one month can be combined and analysed as a

composite sample, provided the method ensures that the samples are stable for that

p e r i o d . T h e t h r e e c on g e n e r s be n z o( b ) f lu o r a n t h e n e , b e n z o ( j ) f l uo ra n t h en e ,

benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can

be reported as sum. Sampling must be spread evenly over the weekdays and the year.

For the measurement of deposition rates monthly or weekly, samples throughout the

year are recommended.

The provisions on individual samples in the previous paragraph apply also to

arsenic, cadmium, nickel and total gaseous mercury. Moreover, sub-sampling of

PM10 filters for metals and subsequent analysis is allowed, providing there is

evidence that the sub-sample is representative of the whole and that the detection

sensitivity is not compromised when compared with the relevant data quality

objectives. As an alternative to daily sampling, weekly sampling for metals in PM10

is allowed provided that the collection characteristics are not compromised.

Wet-only sampling can be used instead of bulk sampling if it can be demonstrated

that the difference between them is within 10%. Deposition rates should be given as

µg.m-2.day-1.

A minimum time coverage lower than that indicated in the table above may be

applied as long as it is not lower than 14% for foxed measurements and 6% for

indicative measurements and provided that it can be demonstrated that the 95%

expanded uncertainty for the annual mean, calculated from the data quality

objectives in the table above according to ISO 11222:2002 - ‘Determination of

uncertainty of the time average of air quality measurements’ will be met.

II.

Requirements for air quality models

Where an air quality model is used for assessment, references to descriptions of

the model and information on the uncertainty shall be compiled. The uncertainty for

modelling is defined as the maximum deviation of the measured and calculated

concentration levels, over a full year, without taking into account the timing of

events.

III.

Requirements for objective estimation techniques

Where objective estimation techniques are used, the uncertainty shall not exceed

100%.

IV.

Standardisation

For substances to be analysed in the PM10 fraction, the sampling refers to ambient

conditions.

Schedule 2

Substituted by

L.N. 415 of 2016.

Determination of requirements for assessment of

concentrations of group A and group B pollutants

in ambient air within a zone or agglomeration

A.

Upper and lower assessment thresholds

The following upper and lower assessment thresholds apply

1. Sulphur dioxide

Health protection

Vegetation protection

Upper

a s s e s s m e n t 60% of 24-hour limit value 60% of winter critical level

( 7 5 μ g / m 3 , n o t t o b e (12 μg/m 3 )

threshold

exceeded more than 3

times in any calendar year)

Lower

a s s e s s m e n t 40% of 24-hour limit value 40% of winter critical level

( 5 0 μ g / m 3 , n o t t o b e (8 μg/m 3 )

threshold

exceeded more than 3

times in any calendar year)

2. Nitrogen dioxide and oxides of nitrogen

Hourly limit value for Annual limit value Annual limit value

the protection of

for the protection of for the protection of

human health (NO 2 ) human health (NO 2 )

vegetation and

natural ecosystems

(NO X )

Upper

7 0 % o f l i m i t v a l u e 80% of limit value 80% of critical level

(140 μg/m 3 , not to be (32 μg/m 3 )

(24 μg/m 3 )

assessment

threshold

exceeded more than

18 times in any

calendar year)

Lower

5 0 % o f l i m i t v a l u e 65% of limit value 65% of critical level

(100 μg/m3, not to be (26 μg/m 3 )

(19.5 μg/m 3 )

assessment

threshold

exceeded more than

18 times in any

calendar year)

3. Particulate matter (PM 10 /PM 2.5 )

24-hour average PM 10

Annual average

Annual average

PM 2.5 (1)

PM 10

Upper

7 0 % o f l i m i t v a l u e 70% of limit value

70% of limit value

(35 μg/m 3 , not to be (28 μg/m 3 )

(17μg/m 3 )

assessment

threshold

exceeded more than

35 times in any

calendar year)

Lower

5 0 % o f l i m i t v a l u e 50% of limit value

50% of limit value

(25 μg/m 3 , not to be (20 μg/m 3 )

(12 μg/m 3 )

assessment

threshold

exceeded more than

35 times in any

calendar year)

(1) The upper assessment threshold and the lower assessment threshold for PM 2.5 , do not

apply to measurements to assess compliance with the PM 2.5 exposure reduction target for the

protection of human health.

4. Lead

Annual average

70% of limit value (0.35 μg/m 3 )

Upper assessment threshold

50% of limit value (0.25 μg/m 3 )

Lower assessment threshold

5. Benzene

Annual average

70% of limit value (3.5 μg/m 3 )

Upper assessment threshold

40% of limit value (2 μg/m 3 )

Lower assessment threshold

6. Carbon monoxide

Annual average

70% of limit value (7 mg/m 3 )

Upper assessment threshold

50% of limit value (5 mg/m 3 )

Lower assessment threshold

7. Group B pollutants

Arsenic

Cadmium

Nickel

B(a)P

Upper

assessment

60%

60%

70%

60%

(3.6 ng/m 3 )

(3 ng/m 3 )

(14 ng/m 3 )

(0.6 ng/m 3 )

threshold in percent of the

target value.

Lower

assessment

40%

40%

50%

40%

(2.4 ng/m 3 )

(2 ng/m 3 )

(10 ng/m 3 )

(0.4 ng/m 3 )

threshold in percent of the

target value.

B.

Determination of exceedances of upper and lower assessment thresholds

Exceedances of upper and lower assessment thresholds must be determined on the

basis on concentrations during the previous five years where sufficient data are

available. An assessment threshold will be deemed to have been exceeded if it has

been exceeded during

(a) at least three separate years (for group A pollutants); or

(b) during at least three calendar years (for group B pollutants)

out of those previous five years.

Where fewer than five years’ data are available, measurement campaigns of short

duration during the period of the year and at locations likely to be typical of the

highest pollution levels may be combined with results obtained from information

from emission inventories and modelling to determine exceedances of the upper and

lower assessment thresholds.

Schedule 3

Substituted by

L.N. 415 of 2016.

Location of sampling points for group A and

group B pollutants and for ozone

A. General requirements for the assessment of ambient air quality for group A

pollutants.

Ambient air quality shall be assessed in all zones and agglomerations with the

following criteria

Ambient air quality shall be assessed at all locations except those listed in

paragraph 2, in accordance with the criteria established by Sections B and C for the

location of sampling points for fixed measurement. The principles established by

Sections B and C shall also apply in so far as they are relevant in identifying the

specific locations in which concentration of the relevant pollutants are established

where ambient air quality is assessed by indicative measurement and modelling.

Compliance with the limit values directed at the protection of human health shall

not be assessed at the following locations

(a) any locations situated within areas where members of the public do not

have access and there is no fixed habitation;

(b) in accordance with the appropriate definition in regulation 2, on factory

premises or at industrial installations to which all relevant provisions

concerning health and safety at work apply;

(c) on the carriageway of roads; and on the central reservations of roads

except where there is normally pedestrian access to the central

reservation.

Macroscale siting.

Sampling points for the measurement of concentrations in ambient air of group A

1. Protection of human health

(a) Sampling points directed at the protection of human health shall be sited

in such a way as to provide data on the following

-

the areas within zones and agglomerations 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 limit value(s),

-

levels in other areas within the zones and agglomeration which

are representative of the exposure of the general population.

(b) Sampling points shall in general be sited in such a way as to avoid

measuring very small micro-environments in their immediate vicinity,

which means that the sampling point must be sited in such a way that

the air sampled is representative of air quality for a street segment no

less than 100m length at traffic-orientated sites and at least 250 m × 250

m at industrial sites where feasible;

(c) Urban background locations shall be located so that their pollution level

is influenced by the integrated contribution from all sources upwind of

the station. Their pollution level should not be dominated by a single

source unless such a situation is typical for a large urban area. Those

sampling points shall, as a general rule, be representative for several

square kilometres;

(d) Where the objective is to assess rural background levels, the sampling

point shall not be influenced by agglomerations or industrial sites in its

vicinity. i.e. sites closer than five kilometres;

(e) Where contributions from industrial sources are to be assessed, at least

one sampling point shall be installed down-wind of the source in the

nearest residential area. Where background concentration is not known,

an additional sampling point shall be situated within the main wind

direction;

(f)

Sampling points shall, where possible, also be representative of similar

locations not in their immediate vicinity;

(g) Account shall be taken of the need to locate sampling points on islands

where it is necessary for the protection of human health.

2. Protection of vegetation and natural ecosystems

Sampling points targeted at the protection of vegetation and natural ecosystems

shall be sited more than 20 km away from agglomerations or more than 5 km away

from other built-up areas, industrial installations or motorways or major roads with

traffic counts of more than 50,000 vehicles per day, which means that a sampling

point must be sited in such a way that the air sampled must be representative of air

quality in a surrounding area of at least 1000 km 2 . A sampling point may be sited at

a lesser distance or be representative of air quality in a less extended area, taking

account of geographical conditions or of the opportunities to protect particularly

vulnerable areas.

Account shall be taken of the need to assess air quality on islands.

II.

Sampling points for the measurements of concentrations in ambient air and

deposition rates of group B pollutants.

The sites of sampling points should be selected in such a way as to

-

Provide data on the areas within zones and agglomerations where the

population is likely to be directly or indirectly exposed to the highest

concentrations averaged over a calendar year;

-

Provide data on levels in other areas within zones and agglomerations

which are representative of the exposure or the general population;

-

Provide data on deposition rates representing the indirect exposure of

the population through the food chain.

Sampling points shall in general be sited in such a way as to avoid measuring very

small micro-environments in their immediate vicinity. As a guideline, a sampling

point should be representative of air quality in surrounding areas of no less than 200

m 2 at traffic-orientated sites and at least 250 m × 250 m at industrial sites, where

feasible and several square kilometres at urban background sites.

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 where regulation 21

applies, the sampling points should be sited such that the application of BAT can be

monitored.

Sampling points should also, where possible, be representative of similar locations

not in their immediate vicinity. Where appropriate they should be co-located with

sampling points for PM 10 .

III.

Sampling points for the assessments of ozone concentrations

The following apply to fixed measurements

Type of

Objectives of measurement

Representa- Macroscale siting criteria

station

tiveness

A few km 2 Away from the influence

Urban

Protection of human health

of local emissions such as

To assess the exposure of the

traffic, petrol stations, etc.;

urban population to ozone, i.e.

where population density and

Ve n t e d l o c a t i o n s w h e r e

ozone concentration are

well mixed levels can be

relatively

high

and

measured;

representative of the exposure

Locations

such

as

of the general population

residential and commercial

areas of cities, parks (away

from the trees), big streets

or squares with very little

or no traffic, open areas

characteristic

of

educational, sports or

recreation facilities

Objectives of measurement Representa- Macroscale siting criteria

tiveness

Suburban Protection of human health S o m e t e n s At a certain distance from

of km 2

and vegetation

the area of maximum

emissions, downwind

To assess the exposure of the

following the main wind

population and vegetation

direction/directions during

located in the outskirts of the

conditions favourable to

agglomeration, where the

ozone formation;

highest ozone levels to which

the population and the

Where

population,

vegetation are likely to be

sensitive crops or natural

directly or indirectly exposed

ecosystems located in the

occur

outer fringe of an

agglomeration are exposed

to high ozone levels;

Where appropriate, some

suburban stations also

upwind of the area of

maximum emissions such

as industrial installations

and roads;

At open area sites

Protection of human health S u b -

Stations can be located in

and vegetation

r e g i o n a l small settlements and/or

To a s s e s s t h e e x p o s u r e o f l e v e l s

areas with natural

population, crops and natural ( s o m e

ecosystems, forests or

hundreds

of

crops;

ecosystems to sub-regional

km 2 )

scale ozone concentrations

representative for ozone

away from the influence of

immediate local emissions

such

as

industrial

installations and roads;

at open area sites

Protection of vegetation and R e g i o n a l / Sta tion loc a te d i n a re a s

human health

n ational/ with lower population

To a s s e s s t h e e x p o s u r e o f cont inental density, e.g. with natural

crops and natural ecosystems levels (1000 ecosystems, forests, at a

t o r e g i o n a l - s c a l e o z o n e t o 2 1 0 0 0 0 distance of at least 20 km

c o n c e n t r a t i o n s a s w e l l a s km )

from urban and industrial

areas and away from local

exposure of the population

emissions;

avoid locations which are

subject to locally enhanced

formation of ground-near

inversion conditions;

coastal

sites

with

pronounced diurnal wind

cycles of local character

are not recommended.

(1) Sampling points should, where possible, be representative of similar locations not in

their immediate vicinity.

For rural and rural background stations the location shall, where appropriate, be

coordinated with the monitoring requirements of Commission Regulation (EC) No

1737/2006 of 7 November 2006 laying down detailed rules for the implementation of

Regulation (EC) No 2152/2003 of the European Parliament and of the Council

concerning monitoring of forests and environmental interactions in the Community.

Microscale siting.

Sampling points for the measurement of concentrations in ambient air of

group A pollutants

In so far as is practicable, the following shall apply

the flow around the inlet sampling probe shall be unrestricted (free in an

arc of at least 270° or 180° for sampling points at the building line)

without any obstructions affecting the airflow in the vicinity of the inlet

(normally 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),

in general, the inlet sampling point shall be between 1,5 m (the

breathing zone) and 4 m above the ground. Higher siting may also be

appropriate if the station is representative of a large area and any

derogations should be fully documented,

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,

the sampler’s exhaust outlet shall be positioned so that recirculation of

exhaust air to the sampler inlet is avoided,

for all pollutants, traffic-orientated sampling probes shall be at least 25

m from the edge of major junctions and no more than 10 m from the

kerbside. A “major junction” to be considered here is a junction which

interrupts the traffic flow and causes different emissions (stop & go)

from the rest of the road.

Any deviation from the criteria listed in this Section shall be fully documented

through the procedure described in Section D.

Documentation and review of site selection

The competent authorities responsible for air quality assessment shall for all zones

and agglomerations fully document the site-selection procedures and record

information to support the network design and choice of location for all monitoring

sites. The documentation shall include compass-point photographs of the area

surrounding monitoring sites and detailed maps. The documentation shall be updated

as necessary and reviewed at least every 5 years, to ensure that selection criteria,

network design and monitoring site locations remain valid and optimal over time.

The documentation shall be provided to the Commission within 3 months of being

Sampling points for the measurement of concentrations in ambient air and

deposition rates of group B pollutants

In so far as is practicable, the following shall apply

the flow around the inlet sampling probe should be unrestricted, without

any obstructions affecting the airflow in the vicinity of the sampler

(normally 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);

in general, the inlet sampling point should be between 1,5 m (the

breathing zone) and 4 m above the ground. Higher positions (up to 8 m)

may be necessary in some circumstances. Higher siting may also be

appropriate if the station is representative of a large area;

the inlet probe should not be positioned in the immediate vicinity of

sources in order to avoid direct intake of emissions unmixed with

ambient air;

the sampler’s exhaust outlet should be positioned so that recirculation

of exhaust air to the sample inlet is avoided;

traffic-orientated sampling points should be at least 25 metres from the

edge of major junctions and at least 4 m from the centre of the nearest

traffic lane; inlets should be sited so as to be representative of air

quality near the building line;

or the deposition measurements in rural background areas, the EMEP

guidelines and criteria should be applied as far as practicable and where

not provided for in the Annexes.

The following factors may also be taken into account in the microscale siting of

the sampling points for the measurement of the concentrations in ambient air of

group A and group B pollutants and deposition rates of group B pollutants

interfering sources

security

access

availability of electrical power and telephone communications

visibility of the site in relation to its surroundings

safety of the public and operators

the desirability of co-locating sampling points for different pollutants

planning requirements.

Sampling points for the measurement of concentrations in ambient air of

In so far as is practicable the procedure on microscale siting in Section C of

Annex III shall be followed, ensuring also that the inlet probe is positioned well

away from such sources as furnaces and incineration flues and more than 10 m from

the nearest road, with distance increasing as a function of traffic intensity.

Documentation and review of site selection.

Group A and group B pollutants

The site-selection procedures shall be fully documented at the classification stage

by such means as compass-point photographs of the surrounding area and a detailed

map. Sites shall be reviewed at regular intervals with repeated documentation to

ensure that selection criteria remain valid over time.

Ozone

The procedures in paragraph I above shall be followed, applying proper screening

and interpretation of the monitoring data in the context of the meteorological and

photochemical processes affecting the ozone concentrations measured at the

respective sites.

Schedule 4

Substituted by

L.N. 415 of 2016.

Measurements at rural background locations

irrespective of concentration

A.

Objectives

The main objectives of such measurements are to ensure that adequate information

is made available on levels in the background. This information is essential to judge

the enhanced levels in more polluted areas (such as urban background, industry

related locations, traffic related locations), assess the possible contribution from

long-range transport of air pollutants, support source apportionment analysis and for

the understanding of specific pollutants such as particulate matter. It is also essential

for the increased use of modelling also in urban areas.

B.

Substances

Measurement of PM 2.5 must include at least the total mass concentration and

concentrations of appropriate compounds to characterise its chemical composition.

At least the list of chemical species given below shall be included.

SO 4 2-

Na +

NH 4 +

Ca 2+

Elemental carbon (EC)

NO 3-

K +

Cl -

Mg 2+

Organic carbon (OC)

C.

Siting

Measurements should be taken in particular in rural background areas in accordance

with parts A, B and C of Schedule 3.

Schedule 5

Amended by

L.N. 33 of 2015.

Substituted by

L.N. 415 of 2016.

A.

Criteria for determining minimum numbers of sampling points for fixed

measurements of concentrations of group A pollutants in ambient air

I.

Minimum number of sampling points for fixed measurement to assess

compliance with limit values for the protection of human health and alert thresholds

in zones and agglomerations where fixed measurement is the sole source of

information.

1. Diffuse sources

P o p u l a t i o n o f I f m a x i m u m c o n c e n t r a t i o n s If maximum concentrations are

a g g l o m e r a t i o n exceed t he upper assessment between the upper and lower

threshold (1)

or zone

assessment thresholds

(

)

PM (2) (sum of

(thousands)

Pollutants

PM

(sum of P o l l u t a n t s

except PM

PM 10

a n d except PM

PM 10

and

PM 2.5 )

PM 2.5 )

0 - 249

250 - 499

500 - 749

(1) For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at

least one urban background monitoring station and one traffic-orientated station

provided this does not increase the number of sampling points. For these pollutants, the

total number of urban-background stations and the total number of traffic oriented

stations required under Section A(1) shall not differ by more than a factor of 2.

Sampling points with exceedances of the limit value for PM 10 within the last three years

shall be maintained, unless relocation is necessary owing to special circumstances, in

particular spatial development.

(2) Where PM 2,5 and PM 10 are measured in accordance with regulation 18 at the same

monitoring station, these shall count as two separate sampling points. The total number

of PM 2,5 and PM 10 sampling points in a Member State required under Section A(1),

shall not differ by more than a factor of 2, and the number of PM 2,5 sampling points in

the urban background of agglomerations and urban areas shall meet the requirements

under paragraph II of Schedule 5A.

2. Point sources

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.

II.

Minimum number of sampling points for fixed continuous measurements to

assess compliance with the PM 2.5 exposure reduction target for the protection of

human health.

One sampling point per million inhabitants summed over agglomerations and

additional urban areas in excess of 100,000 inhabitants shall be operated for this

purpose. Those sampling points may coincide with sampling points under section A.

III. Minimum number of sampling points for fixed measurements to assess

compliance with critical levels for the protection of vegetation in zones other than

agglomerations.

I f m ax i m u m c o n c e n t r a t i o n s ex c e e d If maximum concentrations are between

upper assessment threshold

upper and lower assessment threshold

1 station every 40,000 km 2

1 station every 20,000 km

In island zones the number of sampling points for fixed measurement should be

calculated taking into account the likely distribution patterns of ambient-air

pollution and the potential exposure of vegetation.

B.

Criteria for determining minimum numbers of sampling points for fixed

measurements of concentrations of group B pollutants in ambient air

Minimum number of sampling points for fixed measurement to assess compliance

with target values for the protection of human health in zones and agglomerations

where fixed measurement is the sole source of information.

1. Diffuse sources

P o p u l a t i o n o f I f m a x i m u m c o n c e n t r a t i o n s If maximum concentrations are

a g g l o m e r a t i o n exceed the upper assessment between the upper and lower

threshold (1)

or zone

assessment thresholds

(thousands)

As, Cd, Ni

B(a)P

As, Cd, Ni

B(a)P

0 - 749

(1) To include at least one urban-background station and for benzo(a)pyrene also one

traffic-orientated station provided this not increase the number of sampling points.

2. Point sources

For the assessment of pollution in the vicinity of point sources, the number of

sampling points for fixed measurement should be determined taking into account

emission densities, the likely distribution patterns of ambient air pollution and

potential exposure of the population. The sampling points should be sited such that

the application of BAT as defined by Article 2(11) of Directive 96/61/EC can be

monitored.

C.

Criteria for determining minimum numbers of sampling points for fixed

measurements of ozone

1. 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.

Agglomeration (1)

Other zones (1)

Population ( 1000)

Rural

background

< 250

1 station/ 50,000

km 2

as

an

< 500

average density

over all zones (2)

< 1000

(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.

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 shall, in combination with other means

of supplementary assessment such as air quality modelling and collocated 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 A. Where information from fixed measurement stations is the sole source

of information, at least one monitoring station shall be kept. If, in zones where there

is supplementary assessment, the result of this is that a zone has no remaining

station, coordination with the number of stations in neighbouring zones shall ensure

adequate assessment of ozone concentrations against long-term objectives. The

number of rural background stations shall be one per 100 000 km 2 .

Schedule 6

Substituted by

L.N. 415 of 2016.

Measurement of ozone precursor substances

A.

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

observed pollution concentrations.

An additional aim is to support the understanding of ozone formation and

precursor dispersion processes, as well as the application of photochemical models.

B.

Substances

Measurement of ozone precursor substances shall include at least nitrogen oxides

(NO and NO 2 ), and appropriate volatile organic compounds (VOC). A list of volatile

organic compounds recommended for measurement is given below

1-Butene

Isoprene

Ethyl benzene

Ethane

Trans-2-Butene n-Hexane

m + p-xylene

Ethylene

cis-2-Butene

i-Hexane

o-Xylene

Acetylene

1,3-Butadiene n-Heptane

1,3,4-Trimethylebenzene

Propane

n-Pentane

n-Octane

1,2,3-Trimethylebenzene

Propene

i-Pentane

i-Octane

1,3,5-Trimethylebenzene

n-Butane

1-Pentene

Benzene

Formaldehyde

i-Butane

2-Pentene

Toulene

Total non-methane hydrocarbons

C.

Siting

Measurements shall be taken in particular in urban or suburban areas at any

monitoring site set up in accordance with the requirements of this Directive and

considered appropriate with regard to the monitoring objectives referred to in

Section A.

Schedule 7

Amended by

L.N. 33 of 2015.

Limit values, target values and long-term objectives

Substituted by

L.N. 415 of 2016,

A. Limit values, information and alert thresholds, critical levels for group A

pollutants excluding PM 2.5

1. Criteria

Without prejudice to Schedule 1, the following criteria shall be used for checking

validity when aggregating data and calculating statistical parameters

Parameter

Required proportion of valid data

One hour values

75% (i.e. 45 minutes)

Eight hour values

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

M a x i m u m d a i l y 8 - h o u r 75% of the hourly running eight hour averages (i.e. 18

mean

eight hour averages per day)

24-hour values

75% of the hourly averages (i.e. at least 18 hour

values)

90% (1) of the one hour values or (if not available) 24-

Annual mean

hour values over the year

(1) The requirements for the calculation of annual mean do not include losses of data due to

the regular calibration or the normal maintenance of the instrumentation.

II.

Limit values

Averaging

Limit Value

Margin of Tolerance

Date by which limit

Period

value is to be met

Sulphur dioxide

One hour 350 µg/m 3 , not to be 150 µg/m 3 (43%)

- (1)

exceeded more than 24

times a calendar year

125 µg/m 3 , not to be None

- (1)

One day

exceeded more than 3

times a calendar year

Nitrogen dioxide

One hour 200 µg/m 3 , not to be 5 0 % o n 1 9 J u l y 1 January 2010

exceeded more than 18 1999, decreasing on

times a calendar year

1 January 2001 and

every 12 months

thereafter by equal

annual percentages

to reach 0% by 1

January 2010

C a l e n d a r 40 µg/m 3

5 0 % o n 1 9 J u l y 1 January 2010

year

1999, decreasing on

1 January 2001 and

every 12 months

thereafter by equal

annual percentages

to reach 0% by 1

January 2010

Benzene

C a l e n d a r 5 µg/m 3

5 µg/m 3 (100 %) on 1 January 2010

year

13 December 2000,

decreasing on 1

January 2006 and

every 12 months

thereafter by 1 µg/

m 3 to reach 0% by 1

January 2010

Carbon monoxide

M a x i m u m 10 µg/m 3

- (1)

60%

daily eight

hour mean

(2)

Lead

C a l e n d a r 0.5 µg/m 3 (3)

- (3)

100%

year

PM 10

5 0 µ g / m 3 , n o t t o b e 50%

- (1)

One day

exceeded more than 35

times a calendar year

C a l e n d a r 40 µg/m 3

- (1)

20%

year

Averaging

Limit Value

Margin of Tolerance

Date by which limit

Period

value is to be met

(1) Already in force since January 2005

(2) The maximum daily eight hour mean concentration will be selected by examining eight

hour running averages, calculated from hourly data and updated each hour. Each eight

hour average so calculated will 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 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 that day.

(3) Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in

the immediate vicinity of the specific industrial sources situated on sites contaminated

by decades of industrial activities. In such cases, the limit value until 1 January 2010

will be 1.0 µg/m 3 . The area in which higher limit values apply must not extend further

than 1000 m from such specific sources.

National exposure reduction target, target value and limit value for PM 2.5

I.

Average Exposure Indicator

The Average Exposure Indicator expressed in μg/m 3 (AEI) shall be based upon

measurements in urban background locations in the zones and in the agglomerations.

It should be assessed as a three-calendar year running annual mean concentration

averaged over all sampling points established pursuant to Part II of Section A of

Schedule 5. The AEI for the reference year 2010 shall be the mean concentration of

the years 2008, 2009 and 2010.

However, where data are not available for 2008, the mean concentration of the

years 2009 and 2010 or the mean concentration of the years 2009, 2010 and 2011

may be used.

The AEI for the year 2020 shall be the three-year running mean concentration

averaged over all those sampling points for the years 2018, 2019 and 2020. The AEI

is used for the examination whether the national exposure reduction target is met.

The AEI for the year 2015 shall be the three-year running mean concentration

averaged over all those sampling points for the years 2013, 2014 and 2015. The AEI

is used for the examination whether the exposure concentration obligation is met.

II.

National Exposure reduction target

Exposure reduction target relative to the AEI in 2010 Year by which the exposure

reduction target is to be met

Initial concentration in µg/ R e d u c t i o n t a r g e t i n 2020

m 3

percent

< 8.5 = 8.5

0%

> 8.5 - < 13

10%

= 13 - < 18

15%

= 18 - < 22

20%

> 22

All appropriate measures

to achieve 18 µg/m 3

Where the AEI in the reference year is 8.5 μg/m 3 or less the exposure reduction

target shall be zero. The reduction target shall be zero also in cases where the AEI

reaches the level of 8.5 μg/m 3 at any point of time during the period from 2010 to

2020 and is maintained at or below that level.

III.

National Exposure reduction target

Exposure concentration obligation

Year by which the obligation value is to be

met

20 µg/m 3

IV.

Target value

Averaging period

Target value

Date by which target value

should be met

25 µg/m 3

Calendar year

1 January 2010

V.

Limit value

Averaging Period Limit value

Margin of tolerance

Date by which limit value

is to be met

Stage 1

25 µg/m 3

Calendar year

20% on 11 June 2008, 1 January 2015

decreasing on the next 1

January and every 12

months thereafter by

equal

annual

percentages to reach 0%

by January 2015

Stage 2 (1)

20 µg/m 3

Calendar year

1 January 2020

(1) Stage 2 – indicative limit value to be reviewed in 2013.

Target values for group B pollutants

Target value (1)

Pollutant

6 ng/m 3

Arsenic

5 ng/m 3

Cadmium

20 ng/m 3

Nickel

1 ng/m 3

Benzo(a)pyrene

(1) For the total content in the PM 10 fraction averaged over a calendar year.

D.

Ozone target values and long term objectives

I.

Definitions and criteria

1. Definitions

AOT40 (expressed in (μg/m 3 ) hours) means the sum of the difference 80 μg/m3 (=

40 parts per billion) and 80 μg/m3 over a given period using only the one-hour

values measured between 0800 hrs and 2000 hrs Central European Time (CET) each

day.

2. Criteria

The following criteria shall be used for checking validity when aggregating data and

calculating statistical parameters

Parameter

Required proportion of valid data

One hour values

75% (i.e. 45 minutes)

Eight hour values

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

Maximum daily 8 hours mean from 7 5 % o f t h e h o u r l y r u n n i n g e i g h t h o u r s

hourly running 8 hours

averages (i.e. 18 eight-hourly averages per

day)

AOT 40

90% of the one hour values over the time

period defined for calculating the AOT40

value (1)

Annual mean

75% of the one hour values over summer

(April to September) and 75% over winter

(January to March, October to December)

seasons separately

N u m b e r o f e x c e e d a n c e s a n d 90% of the daily maximum eight hours mean

maximum values per month

values (27 available daily values per month)

90% of the one hour averages between 0800

hrs and 2000 hrs CET

N u m b e r o f e x c e e d a n c e s a n d five ou t of six m onth s o ver t he summ er

maximum values per year

season (April to September)

(1) In cases where all possible measured data are not available, the following factor shall

be used to calculate AOT 40 values

total possible number of hours

(*)



AOT 40 estimate = AOT 40 measured

number of measured hourly

values

* being the number of hours within the time period of AOT40 definition, (i.e. 0800 hrs to

2000 hrs CET from 1 May to 31 July each year, for vegetation protection and from 1 April to

30 September each year for forest protection).

II.

Target values

Date by which

Objective

Averaging Period

Target Value

target value

should be met ( 1 )

120μg/m 3 not to be

Protection of

Maximum daily

1.1.2010

human health

eight-hour mean

exceeded on more

( 2 )

than 25 days per

calendar year

averaged over three

years ( 3 )

Protection of

May to July

AOT40 (calculated

1.1.2010

vegetation

from 1 h values).

18,000 μg/m 3 .hr

averaged over five

years( 3 )

(1) 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.

(2) The maximum daily eight-hour mean concentration shall be selected by examining

eight-hour running averages, calculated from hourly data and updated each hour.

Each eight-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

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 con-

secutive set of annual data, the minimum annual data required for checking compli-

ance 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.

III.

Longterm objectives

Objective

Averaging period

Longterm objective

Date by which the

longterm

objective should

be met

M a x i m u m d a i l y 120 µg/m 3

Protection of

not defined

human health

eight-hour mean

within a calendar

year

Protection of

May to July

AOT40 (calculated from not defined

vegetation

1 h values)

6,000 µg/m 3 .hr

Schedule 8

Amended by

L.N. 33 of 2015.

Information and alert thresholds

Substituted by

L.N. 415 of 2016.

A.

Alert thresholds for sulphur dioxide and nitrogen dioxide

To be measured over three consecutive hours at locations representative of air

quality over at least 100 km 2 or an entire zone or agglomeration, whichever is the

smaller.

Pollutant

Alert threshold

500 µg/m 3

Sulphur dioxide

400 µg/m 3

Nitrogen dioxide

B.

Information and Alert thresholds for ozone

Purpose

Averaging period

Threshold

180μg/m 3

Information

1 hour

1 hour ( 1 )

240μg/m 3

Alert

( 1 ) For the implementation of regulation 36, the exceedance of the threshold is to be measured or

predicted for three consecutive hours.

Schedule 9

Substituted by

L.N. 33 of 2015;

Critical levels for the protection of vegetation

L.N. 415 of 2016.

Averaging Period

Critical Level

Sulphur Dioxide

Calendar year and winter (1 October to 31 March)

20μg/m3

Nitrogen dioxide

30μg/m 3 .

Calendar year

Schedule 10

Amended by

L.N. 33 of 2015.

Reference methods for the assessment of

Substituted by

L.N. 415 of 2016.

concentrations of group A pollutants,

group B pollutants and ozone

A.

Reference measurement methods

1. Reference method for the sampling and analysis of arsenic, cadmium and

nickel in ambient air.

The reference method for the measurement of arsenic, cadmium and nickel

concentrations in ambient air is described in EN 12341:2014. The reference method

for the measurement of arsenic, cadmium and nickel in ambient air is that described

in EN 14902:2005 “Ambient air quality - Standard method for the measurement of

Pb, Cd, As, and Ni in the PM 10 fraction of suspended particulate matter”.

2. Reference method for the sampling of benzene

The reference method for the measurement of benzene is that described in EN

1 4 6 6 2 : 2 0 0 5 , p a r t s 1 , 2 a n d 3 ‘ A m b i e n t a i r q u a l i t y - St a n d a r d m e t h o d f o r

measurement of benzene concentrations’.

3. 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’.

4. Reference method for the measurement of lead

The reference method for the sampling of lead is that described in section A(8) 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 PM 10

fraction of suspended matter’.

5. Reference method for the sampling and analysis of mercury

The reference method for the measurement of total gaseous mercury

concentrations is that described in EN 15852:2010 “Ambient air quality - Standard

method for the determination of total gaseous mercury”.

6. 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’.

7. Reference method for measurement of ozone

The reference method for the measurement of ozone is that described in EN

1 4 6 2 5 : 2 0 1 2 ‘ A m b i e n t A i r - St a n d a r d m e t h o d f o r t h e m e a s u r e m e n t o f t h e

concentration of ozone by ultraviolet photometry’.

8. Reference method for the sampling and measurement of PM 10

The reference method for the sampling and measurement of PM 10 is that described

in EN 12341:2014 ‘Ambient Air - standard gravimetric measurement for the

determination of the PM 10 or PM 2,5 mass concentration of suspended particulate

matter’.

9. Reference method for the sampling and measurement of PM 2.5

The reference method for the sampling and measurement of PM 10 is that described

in EN 12341:2014 ‘Ambient Air – standard gravimetric measurement for the

determination of the PM 10 or PM 2,5 mass concentration of suspended particulate

matter’.

10. Reference method for the sampling and analysis of polycyclic aromatic

hydrocarbons

The reference method for the measurement of polycyclic aromatic hydrocarbons

in ambient air is described EN 12341:201 4. T he reference method fo r the

measurement of benzo(a)pyrene in ambient air is that described in EN 15549:2008

“ A i r q u a l i t y - St a n d a r d m e t h o d f o r t h e m e a s u r e m e n t o f c o n c e n t r a t i o n o f

benzo[a]pyrene in ambient air”. In the absence of a CEN standard method, for the

other polycyclic aromatic hydrocarbons (group C pollutants excluding

benzo[a]pyrene), an ISO standard method such as ISO 12884 or any national

standard method from any of the EU Member States can be used.

11. 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 fluorescence’.

12. Reference method for the sampling and analysis of the deposition rates of

group B pollutants

The reference method for the determination of the deposition of arsenic, cadmium

and nickel is that described in EN 15841:2009 “Ambient air quality - Standard

method for the determination of arsenic, cadmium, lead and nickel in atmospheric

deposition”.

The reference method for the determination of the deposition of mercury is that

d e s c r i b e d i n E N 1 5 8 5 3 : 2 0 1 0 “ A m b i e n t a i r q u a l i t y - St a n d a r d m e t h o d f o r

determination of mercury deposition”.

The reference method for the determination of the deposition of benzo[a]pyrene

and the other polycyclic hydrocarbons referred to in regulation 13 is that described

i n E N 1 5 9 8 0 : 2 0 1 1 “ A i r Q u a l i t y. D e t e r m i n a t i o n o f t h e d e p o s i t i o n o f

benz[a]anthracene, benzo[b]fluoranthene, benzo[j]fluoranthene,

benzo[k]fluoranthene, benzo[a]pyrene, dibenzo[a,h]anthracene and indeno[1,2,3-

cd]pyrene”.

B.

Demonstration of equivalence

It is possible to use any other method which be shown to give results which are

equivalent to any of the methods referred to in Section A, or in the case of

particulate matter, any other method which displays a consistent relationship to the

reference method. In that event results achieved by that method must be corrected to

produce results equivalent to those that would have been achieved by using the

reference method.

2. Whenever possible the correction factor should also be applied retroactively

to past measurement data in order to achieve better data comparability.

C.

Standardisation

For gaseous pollutants the volume must be standardised at a temperature of 293 K

and an atmospheric pressure of 101.3 kPa. For particulate matter and substances to

be analysed in particulate matter (e.g. lead) the sampling volume refers to ambient

conditions in terms of temperature and atmospheric pressure at the date of

measurements.

D.

Mutual recognition of data

When demonstrating that the equipment meets the performance requirements of

the reference methods listed in Section A of this Schedule, the competent authority

pursuant to regulation 3 shall accept test reports issued in other European Union

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 EU Member State and are outside

the conditions for which the equipment has been already tested and type approved in

another EU Member State.

Schedule 11

Substituted by

L.N. 415 of 2016.

Information to be included in the national air quality

plans for improvement in ambient air quality

Information to be provided under regulation 29(2)

1. Localisation of excess pollution

(a) City (map)

(b) Measuring station (map, geographical coordinates).

2. General information

(a) Type of zone (city, industrial or rural area);

(b) Estimate of the polluted area (km 2 ) and of the population exposed to the

pollution;

(c) Useful climatic data;

(d) Relevant data on topography;

(e) Sufficient information on the type of targets requiring protection in the

zone.

3. Responsible authorities

Names and address 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;

(c) techniques for the assessment

5. Origin of pollution

(a) List the main emission sources responsible for pollution (map);

(b) Total quantity of emissions from these sources (tonnes/year);

(c) Information on pollution imported from other regions.

6. Analysis of situation

(a) Details of those factors responsible for the exceedance (e.g. transport,

including cross-border transport, formation of secondary pollutants in

the atmosphere);

(b) Details of possible measures for the improvement of air quality.

7. Details of those measures or projects for improvements which existed prior

to 11 June 2008, i.e.

(a) National, international measures

(b) Observed effects of these measures.

8. Details of those measure or projects adopted with a view to reducing

pollution following the entry into force of this regulation

(a) Listing and description of all the measures set out in the project;

(b) Timetable for implementation;

(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

10. List of publications, documents, work, etc. used to supplement information

required under this Schedule.

Schedule 12

Substituted by

L.N. 415 of 2016.

Public Information

1. Up-to-date information on ambient concentrations of the pollutants covered

by these regulations shall be 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. 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 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. Timely information about actual or predicted exceedances of alert thresholds

and any information threshold is provided to the public. The 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 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 case of predicted exceedances, steps shall be taken to ensure that

such details are supplied to the extent practicable.

Schedule 13

Substituted by

L.N. 415 of 2016.

Air Quality Management Order

Air Quality Regulations 2010

Regulation 32

The Minister for the Environment acting on the advice of the Environment and

Resources Authority, in exercise of the powers conferred upon him/her by regulation

32 of the Air Quality Regulations, 2010, hereby makes the following Order.

This Order may be cited/referred to as the [name of Local Council] Air Quality

Management Area [No.] and shall come into effect on [date].

The shaded area shown on the attached map within the confines of the [name of

Local Council] Local Council. The area in question is bound by the following

coordinates * 4[xx,xxx], 3,9[xx,xxx] at its northernmost point, 4[xx,xxx], 3,9[xx,xxx]

at its southernmost point, 4[xx,xxx], 3,9[xx,xxx] at its westernmost point and

4[xx,xxx], 3,9[xx,xxx] at its easternmost point. The map may be viewed at the Local

Council’s office in [address] and shall be published on the Gazette.

The Area is designated in relation to a likely exceedance of the [name of

pollutant] [limit value/target value/long-term objective] as specified in the Air

Quality Regulations 2010.

This Order shall remain in force until it is revoked by a subsequent order.

Signature

The Onor. [Name of the Minister]

Minister for the Environment

* Zone 33s, datum ED 50, ellipsoid – Hayford International