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STATUTORY INSTRUMENTS.
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S.I.
No. 53 of 2004 .
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OZONE
IN AMBIENT AIR REGULATIONS 2004.
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S.I. No. 53 of
2004 .
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OZONE IN AMBIENT AIR
REGULATIONS 2004.
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The
Minister for the Environment, Heritage and Local Government in exercise of
the powers conferred on him by sections 10, 20, 21, 46, 47, 49 and 50 of the
Air Pollution Act 1987 (No. 6 of 1987) and by sections 6, 53, 54 and 56 of the
Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose
of giving effect to Council Directive 2002/3/EC relating to ozone in ambient
air (1 ) hereby makes the
following Regulations:
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Citation
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1. These
Regulations may be cited as the Ozone in Ambient Air Regulations 2004.
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Entry into
Force
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2. These
Regulations shall come into operation on the 16th day of February 2004.
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Definitions
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3. (1)
In these Regulations:—
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“the Agency” means the
Environmental Protection Agency established under section 19 of the
Environmental Protection Agency Act 1992 ( No. 7 of 1992 );
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“the Commission” means the
Commission of the European Communities;
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“the Minister” means the
Minister for the Environment, Heritage and Local Government;
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“the Directive” means
Council Directive 2002/3/EC relating to ozone in ambient air;
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“the 1998 Regulations”
means the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels)
Regulations 1998 ( S.I. No. 118 of 1998 );
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“the 2000 Regulations”
means the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels)
(Amendment) Regulations 2000 ( S.I. No. 278 of 2000 ); and
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“the 2002 Regulations”
means the Air Quality Standards Regulations 2002 ( S.I. No. 271 of 2002 );
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(2) In
these Regulations:—
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(a) any reference to an
article or sub-article which is not otherwise identified is a reference to
an article or sub-article of these Regulations;
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(b) a reference to a
schedule which is not otherwise identified is a reference to a schedule of
these Regulations; and
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(c) a letter, word,
phrase or symbol which has been assigned a meaning by the Directive has that
meaning except where otherwise indicated.
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Scope
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4. These
Regulations:—
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(a) establish long-term
objectives, target values, an alert threshold and an information threshold
for concentrations of ozone in ambient air designed to avoid, prevent or
reduce harmful effects on human health and the environment as a whole;
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(b) provide for the
assessment of concentrations of ozone, and, as appropriate ozone precursors,
that is to say oxides of nitrogen and volatile organic compounds, in ambient
air on the basis of methods and criteria common to the Member States of the
European Communities;
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(c) provide for the
obtaining of adequate information on ambient ozone levels and ensure that it
is made available to the public;
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(d) provide for the
maintenance of ambient air quality where it is good and the improvement of
ambient air quality in other cases with respect to ozone levels; and
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(e) promote increased
co-operation with Member States of the European Communities, in reducing
ozone levels, use of the potential of transboundary
measures and agreement on such measures.
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Target
Values and Long-term Objectives
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5. (1)
The target values for 2010 in respect of ozone concentrations in ambient air
shall be those specified in Schedule 1.
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(2) The
long-term objectives for ozone concentrations in ambient air shall be those
specified in Schedule 2.
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(3) The
information threshold and alert threshold for ozone concentrations in
ambient air shall be those specified in Schedule 3.
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Reference
Methods
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6. (1)
The reference methods for the analysis of ozone and for the calibration of
ozone instruments shall be those specified in Schedule 9.
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(2) The
Agency may prescribe alternative methods for the analysis of ozone and
calibration of ozone instruments which it can demonstrate gives results
equivalent to the reference methods referred to in sub-article (1).
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Air Quality
Assessment
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7. (1) The
Agency shall from time to time, and at least every 5 years, assess ambient
air quality in the State with regard to the concentrations of ozone in
ambient air.
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(2) The
Agency shall review the classification of each zone in Schedule 10 of the
2002 Regulations from time to time and at least every 5 years, or earlier in
the event of significant changes in activities relevant to concentrations of
ozone in ambient air.
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(3) In
carrying out this review the Agency:—
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(a) shall undertake, or
cause to be undertaken, fixed continuous measurement of levels of ozone in
ambient air in zones and agglomerations where, during any of the previous
five years of measurement, concentrations of ozone in ambient air have
exceeded a long-term objective;
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(b) may, where, for the
purposes of sub-article (1), fewer than five years measurement data are
available, combine results of emission inventories and modelling with
measurement campaigns of short duration at times and locations likely to be
typical of the highest pollution levels;
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(c) shall determine the
location of sampling points for the measurement of concentrations of ozone
in ambient air in accordance with the criteria specified in Schedule 5;
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(d) shall determine the
minimum number of fixed sampling points for continuous measurement of
concentrations of ozone in ambient air, including in zones and
agglomerations within which measurement is the sole source of information
for assessing air quality and, in zones and agglomerations where during each
of the previous five years of measurement, concentrations of ozone in
ambient air are below the long-term objectives, in accordance with the
relevant criteria specified in Schedule 6;
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(e) may supplement
information from fixed measurement stations by information from other
sources, including but not limited to mobile monitoring units, ozone
precursor emission inventories, indicative measurement methods and air
quality modelling;
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(f) shall measure
nitrogen dioxide at a minimum of 50% of the ozone sampling points required
by Section 1 of Schedule 6 on a continuous basis except at rural background
stations where other measurement methods may be used;
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(g) may reduce the
total number of sampling points specified in Schedule 6 for zones and
agglomerations within which information from sampling points for fixed
measurement is supplemented by information from modelling or indicative
measurement, provided that:
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(i) the
supplementary methods provide an adequate level of information for the
assessment of air quality with regard to target values, information and
alert thresholds;
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(ii) the number of
sampling points to be installed and the spatial resolution of other
techniques are sufficient for the concentration of ozone in ambient air to
be established in accordance with the data quality objectives specified in
Section I of Schedule 8 and lead to assessment results as specified in
Section II of Schedule 8;
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(iii) the number of
sampling points in each zone or agglomeration amounts to at least one
sampling point per two million inhabitants or one sampling point per 50,000
km2, whichever produces the greater number of sampling points;
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(iv) each zone and
agglomeration contains at least one sampling point;
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(v) nitrogen dioxide is
measured at all remaining sampling points except at rural background
stations; and
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(vi) the results of
modelling or indicative measurement shall be taken into account for the
assessment of air quality with respect to the target values; and
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(h) shall measure, or
cause to be measured, concentrations in ambient air of such ozone precursor
substances as the Agency deems appropriate from those set out in Schedule 7
at a minimum of one measuring station in the State and shall choose the
number and siting of such station or stations
taking into account the objectives, methods and recommendations set out in
Schedule 7.
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(4) In
the light of the review, the Agency shall draw up a list of zones and
agglomerations in which the levels of ozone in ambient air:—
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(a) are higher than the
target levels;
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(b) are higher than the
long-term objectives but below, or equal to, the target values; and
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(c) meet the long-term
objectives.
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(5) The
Agency shall forward to the Commission annually, and no later than nine
months after the end of each year, the list of zones and agglomerations
referred to in the preceding sub-article.
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(6) The
Agency shall make public and shall provide, to the bodies prescribed in
Schedule 10, and to any environmental organisation, consumer organisation,
organisation representing the interests of sensitive populations considered
relevant by the Agency or which so requests, the results of any preliminary
or other air quality assessments undertaken by the Agency in connection with
these Regulations.
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(7)
Where a local authority is monitoring, or proposes to monitor, ozone or
ozone precursors within the scope of these Regulations, it shall consult
with the Agency as regards the arrangements to satisfy the monitoring
requirements under these Regulations.
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Public
Information
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8. (1)
The Agency shall routinely update on at least a daily basis and, wherever
appropriate and practicable, on an hourly basis, and make publicly available
clear, comprehensible and accessible information on concentrations of ozone
in ambient air.
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(2) The
information referred to in sub-article (1) shall indicate at least:—
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(a) any exceedance of the concentrations for the long-term
objective for the protection of human health, or the information and alert
thresholds for the relevant averaging period;
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(b) a short assessment
in relation to effects on health; and
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(c) forecasting of
ambient air quality where practicable.
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(3) The
Agency shall establish the means to ensure that the information provided for
in the foregoing sub-articles of this article is made available to the
public as well as to the bodies prescribed in Schedule 10, and to any
environmental organisation, consumer organisation, organisation representing
the interests of sensitive populations considered relevant by the Agency or
which so requests, by the appropriate use of advisory notices to the
broadcast media and the press, Agency publications, an internet website, teletext and e-mail.
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(4)
Where either the information or the alert threshold is exceeded, the Agency
shall, and where the information threshold or the alert threshold is
predicted to be exceeded, the Agency shall where practicable, as a minimum:—
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(a) make available as soon
as possible, by means of radio, television, teletext,
the press and the internet as appropriate, and, by such means as the Agency
considers appropriate, to the public and to environmental organisations,
consumer organisations, organisations representing the interests of the
sensitive populations and health care bodies considered relevant by the
Agency, and to the competent authorities in Northern Ireland where exceedances occur in zones close to the national border,
or to any relevant body or organisation for the purposes of the preceding
sub-article of this article which so requests, clear, comprehensible and
accessible up-to-date information, including at least:—
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(i)
information on the observed or predicted exceedance
including, as appropriate, the location or area of such exceedance,
the type of threshold exceeded or predicted to be exceeded, the start time
and duration of such exceedance, and the highest
1-hour and 8-hour mean concentration;
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(ii) any forecasts of changes
in concentrations for the following afternoon, day or days, the geographical
area concerned and any expected improvement, stabilisation or deterioration
in pollution;
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(iii) information on the type
of population groups potentially at risk from the exceedance
or predicted exceedance, possible health effects
and recommended conduct, including a description of the likely symptons, recommended precautions to be taken by the
population groups concerned and where to find further information; and
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(iv) information on preventive
action to reduce pollution or exposure to it, including an indication of the
main source sectors and recommendations for action to reduce emissions.
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(5) The
Agency shall make available to the public, the bodies prescribed in Schedule
10 and to any environmental organisation, consumer organisation,
organisation representing the interests of sensitive populations and health
care body considered relevant by the Agency or which so requests, an annual
report which shall, at least, indicate, in the case of human health, all exceedances of concentrations in the target value,
long-term objective, information and alert thresholds for the relevant
averaging periods, and in the case of vegetation, any exceedance
of the target value and the long-term objective, combined with, as
appropriate, a short assessment of the effects of these exceedances.
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Short Term
Air Pollution Action Plans
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9. (1)
The Agency shall identify and notify to the relevant local authority or
authorities, including, if appropriate, competent authorities in
neighbouring zones in Northern Ireland, those areas, consisting of zones and
agglomerations in whole or in part, where the Agency considers measures are
likely to be necessary to be taken in the short term where there is a risk
of the alert threshold being exceeded, and such identification and
notification shall take into account particular local circumstances and be
occasioned where the Agency is of the view that there is a significant
potential, taking into account national geographical, meteorological and
economic conditions, for reducing the risk, or for reducing the duration or
severity, of any such exceedance.
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(2) With
reference to sub-article (1) the Agency may set trigger levels of
concentrations of ozone in ambient air, exceedance
of which require the preparation of air pollution action plans in accordance
with sub-article (3).
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(3) When
notified by the Agency in pursuance of the preceding sub-article, or where a
local authority or local authorities consider such measures are likely to be
necessary, the local authority, or local authorities as appropriate, shall,
subject to undertaking a cost-effectiveness analysis, prepare an air
pollution action plan indicating the measures to be taken in the short term
to reduce the risk of the alert threshold being exceeded, or the duration or
severity of any such exceedance and providing, as
appropriate, for measures to control, and, where necessary, reduce or
suspend activities, including motor vehicle traffic, which contribute or may
contribute to the alert threshold being exceeded.
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(4)
Where a local authority prepares, or local authorities prepare as appropriate,
an air pollution action plan, proposed measures in which will or may impact
upon a neighbouring zone or zones in Northern Ireland, or where ozone
concentrations at risk of exceeding the alert threshold are due largely to
precursor emissions in Northern Irelan, the local
authority, or local authorities as appropriate, shall consult with, and
shall send all appropriate information pertaining to the plan to the
competent authorities in Northern Ireland with a view to co-operating, where
appropriate, in the drawing up of joint plans for the purposes of
sub-article (3).
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(5) An
air pollution action plan prepared by a local authority, or local
authorities as appropriate, in accordance with this article shall be
co-ordinated, as appropriate and in so far as possible, with any plan or
plans prepared in accordance with article 15 of the 2002 Regulations in
relation to other pollutants within the scope of the 2002 Regulations.
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(6) A
local authority, or local authorities as appropriate, shall make available
to the public and to any environmental organisation, consumer organisation,
organisation representing the interests of sensitive populations and health
care body considered relevant by the local authority or local authorities,
or which so requests, the results of any investigations and the content of
specific air pollution action plans as well as information on the
implementation of such plans.
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Air
Quality Management Plans
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10. (1)
The Agency shall, within 9 months after the end of a year in which ozone
levels exceed either the target values or the long-term objectives specified
in article 5:—
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(a) identify and notify
to the relevant local authority or authorities those areas, consisting of
zones and agglomerations in whole or in part, where the Agency considers
measures are likely to be necessary to attain the target values or the
long-term objectives, as appropriate; and
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(b) provide to the
local authority or authorities concerned all data relevant to the air
quality assessment for the area concerned.
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(2) The
local authority or authorities notified in accordance with the preceding sub-article
shall prepare a clear, comprehensible and accessible air quality management
plan, or review and revise an existing plan, in order to attain the target
values, save where not achievable through proportionate measures, or with
the aim of achieving the long-term objectives through cost-effective
measures, as appropriate.
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(3) An
air quality management plan shall be co-ordinated, as appropriate and
insofar as possible, with any plan or plans prepared in accordance with
article 16 of the 2002 Regulations in relation to other pollutants within
the scope of the 2002 Regulations.
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(4) In
preparing an air quality management plan for the purposes of this article a
local authority, or local authorities as appropriate, and the Agency, as
appropriate, shall comply with the relevant notification, content and
related requirements specified in article 16(3) of the 2002 Regulations.
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(5)
Before making the air quality management plan, the local authority, or local
authorities as appropriate, shall consult with the Agency and any statutory
body or agency the discharge of whose functions will or may be affected by
the measures proposed in the plan, or where ozone concentrations exceeding
the target values or long-term objectives are due largely to precursor
emissions in other Member States of the European Communities, with the competent
authorities in those Member States, with a view to cooperating, where
appropriate, in the drawing up of joint plans for the purposes of
sub-article (2).
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(6) The
local authority, or local authorities as appropriate, shall implement the
air quality management plan insofar as it lies within the functional
responsibility of local authorities, and insofar as it lies within the
functional responsibility of other statutory bodies or agencies, promote the
implementation of the plan.
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(7) In
implementing an air quality management plan for the purposes of this article
a local authority, or local authorities as appropriate, and the Agency, as
appropriate, shall comply with the relevant information and dissemination
requirements specified in article 16, sub-articles (6) and (7) of the 2002
Regulations.
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Measures
to Maintain Good Air Quality
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11. (1)
The Agency shall identify the means by which ozone levels, in those zones or
agglomerations below the long-term objectives, may, insofar as factors
including the transboundary nature of ozone
pollution and meteorological conditions permit, be maintained and the means
by which the best ambient air quality compatible with sustainable
development may be preserved, and shall advise the relevant local authority
or local authorities and any statutory agency or body with relevant
functional responsibility accordingly.
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(2) The
Agency and the local authority, or local authorities as appropriate, shall
promote the preservation of best ambient air quality compatible with
sustainable development and a high level of environmental and human health
protection.
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(3) The
functions, duties and responsibilities of the Agency and a local authority,
or local authorities as appropriate, under this article shall be undertaken
in co-ordination, as appropriate and in so far as possible, with those
required by article 17 of the 2002 Regulations in relation to other
pollutants within the scope of the 2002 Regulations.
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Additional
Reporting
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12. The
Agency shall notify to the Minister and the Commission for the calendar year
2004 and thereafter:—
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(a) no later than two
years after the end of the period during which any exceedance
of the target values is observed, a report giving an overview of the
situation as regards exceedance of the target
values and including an explanation of annual exceedances
of the target value for the protection of human health, and any plans
provided for in article 10;
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(b) every three years
the progress of any plans provided for in article 10;
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(c) on a provisional
basis, for each month from April to September each year, and by no later
than the end of the following month, for each day with an exceedance of the information or the alert threshold,
the total hours of exceedance and maximum 1-hour
values;
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(d) on a provisional
basis, for each month from April to September each year, and by no later
than 31 October each year, any other information specified in Schedule 4;
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(e) for each calendar
year no later than 30 September of the following year, the validated
information specified in Schedule 4 and the annual average concentrations
for that year of the relevant ozone precursor substances specified in
Schedule 7 and measured in accordance with article 7(3)(h); and
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(f) every three years,
within the framework of the sectoral report
referred to in Article 4 of Council Directive 91/692/EEC2 and no later than 30 September following
the end of each three year period:—
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(i)
information reviewing the levels of ozone observed or assessed, as
appropriate, in the zones and agglomerations referred to in article 7(4);
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(ii) information on any
measures taken or planned under article 10; and
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(iii) information regarding
decisions on short-term air pollution action plans and concerning the design
and context, and an assessment of the effects of any such plans prepared in
accordance with article 9.
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Revocation
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13. The
Environmental Protection Agency Act 1992 (Ozone) Regulations 1997 ( S.I. No.
132 of 1997 ) are hereby revoked with effect from the coming into operation
of these Regulations.
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SCHEDULE 1
Target Values for Ozone
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General
Note
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For the
purposes of the Schedules all values are to be expressed in μg/m3.
The volume must be standardised at a temperature of 293°K and a pressure of
101.3kPa. The time is to be specified in Central European Time.
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In the
Schedules AOT 40 (expressed in (μg/m3)·
hours) means the sum of the difference between hourly concentrations greater
than 80 μg/m3 (=40 parts per billion) and 80 μg/m3
over a given period using only the 1 hour values measured between 8.00 and
20.00 Central European Time each day.
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In order
to be valid the annual data on exceedances used to
check compliance with the target values and long-term objectives must meet
the criteria laid down in Section II of Schedule 4.
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Parameter
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Target Value for 2010*
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Target value for the Protection of
human health
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Maximum daily 8-hour mean**
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120 μg/m3 not to be exceeded
on more than 25 days per calendar year averaged over three years***
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Target value for the protection of
vegetation
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AOT 40,
calculated from 1 h values from May to July
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18,000 μg/m3·h averaged over
five years***
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*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.
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**The maximum daily 8-hour
mean concentration shall be selected by examining 8-hour running averages,
calculated from hourly data and updated each hour. Each 8-hour average so
calculated shall be assigned to the day on which it ends i.e. the first
calculation period for any one day will be the period from 17:00 on the
pervious day to 01:00 on that day; the last calculation period for any one
day will be the period from 16:00 to 24:00 on the day.
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***If the three or five
year averages cannot be determined on the basis of a full and consecutive
set of annual data, the minimum annual data required for checking compliance
with the target values will be as follows:
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• for the target
value for the protection of human health: valid data for one year;
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• for the target
value for the protection of vegetation: valid data for three years.
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SCHEDULE 2
LONG-TERM OBJECTIVES
FOR OZONE
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Parameter
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Long-term Objective
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Long-term objective for the
protection of human health
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Maximum daily 8-hour mean within a
calendar year
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120 μg/m3
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Long-term objective for the
protection of vegetation
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AOT 40,
calculated from 1 h values from May to July
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6,000 μg/m3·h
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SCHEDULE 3
INFORMATION
AND ALERT THRESHOLDS FOR OZONE
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Parameter
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Threshold
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Information threshold
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1 hour average
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180 μg/m3
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Alert threshold
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1 hour average*
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240 μg/m3·h
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* For the implementation of
article 9, the exceedance of the threshold is to
be measured or predicted for three consecutive hours.
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SCHEDULE 4
INFORMATION TO BE
SUBMITTED BY THE AGENCY TO THE MINISTER AND THE COMMISSION AND CRITERIA FOR
AGGREGATING DATA AND CALCULATING STATISTICAL PARAMETERS
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Section I: Information to be submitted
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Type of Station
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Level
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Averaging/ Accumulation Time
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Provisional data for each month from
April to September
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Report for each year
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Information threshold
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Any
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180μg/m3
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1 hour
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- for each day with exceedance(s):
date, total hours of exccedance, maximum 1 hour
ozone and related NO2 values when required,
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- for each day with exceedance(s):
date, total hours of exceedance, maximum 1 hour
ozone and related NO2 values when required,
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- montly:
1 hour maximum ozone
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Alert threshold
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Any
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240μg/m3
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1 hour
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- for each day with exeedances(s):
date, total hours of exceedance, maximum 1 hour
ozone and related NO2 values when required
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- for each day with exceedance(s):
date, total hours of exceedance, maximum 1 hour
ozone and related NO2 values when required
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Health Protection
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Any
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120μg/m3
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8 hours
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-for each day with exceedance(s):
date, 8 hours maximum*
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-for each day with exceedance(s):
date, 8 hours maximum*
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Vegetation protection
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Suburban, rural, rural back-ground
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AOT40=6,000μg/m3·h
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1 hour, accumulated from May to July
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—
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Value
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Forest protection
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Suburban, rural, rural back-ground
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AOT40=20,000μg/m3·h
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1 hour, accumulated from April to
September
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—
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Value
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Materials
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Any
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40μg/m3*
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1 year
|
—
|
Value
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*See Schedule 1
footnote**
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|
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|
As part of the yearly
reporting, the following must also be provided, if all available hourly data
for ozone, nitrogen dioxide and nitrogen oxides of the year in question have
not already been delivered under the framework of Council Decision 97/101/EC3
:
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|
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— for ozone,
nitrogen dioxide, nitrogen oxides and the sums of ozone and nitrogen dioxide
(added as parts per billion and expressed in μg/m3 ozone) the
maximum, 99.9th, 98th, 50th percentiles and annual average and number of
valid data from hourly series,
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— the maximum,
98th, 50th percentiles and annual average from series of daily 8-hour ozone
maxima.
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Data submitted in the
monthly reports shall be considered provisional and are to be updated, if
necessary, in subsequent submissions.
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Section
II: Criteria for aggregating data and calculating statistical parameters
|
|
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Percentiles are to be
calculated using the method specified in Council Decision 97/101/EC.
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|
The following criteria are
to be used for checking validity when aggregating data and calculating
statistical parameters:
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|
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Parameter
|
Required proportion of valid data
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|
1 hour values
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75% (i.e. 45 minutes)
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8 hour values
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75% of values (i.e. 6 hours)
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Maximum daily 8 hours mean from
hourly running 8 hours averages
|
75% of the hourly running 8 hours
averages (i.e. 18 8 hours averages per day)
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AOT40
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90% of the 1 hour values over the time
period defined for calculating the AOT40 value*
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Annual mean
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75% of the 1 hour values over summer
(April to September) and winter (January to March, October to December)
seasons separately
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Number of exceedances
and maximum values per month
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90% of the daily maximum 8 hours mean
values (27 available daily values per month) 90% of the 1 hour values
between 8:00 and 20:00 Central European Time
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Number of exceedances
and maximum values per year
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five out of six months over the summer
season (April to September)
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*In cases where all
possible measured data are not available, the following factor shall be
used to calculate AOT40 values:
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AOT40[estimate]
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= AOT40MEASURED×
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total possible
number of hours#
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number of
measured hourly values
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#being the number of hours within the time period of
AOT40 definition (i.e. 8:00 to 20:00 h Central European Time from 1 May to
31 July each year for vegetation protection and from 1 April to 30 September
each year for forest protection).
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SCHEDULE 5
CRITERIA FOR
CLASSIFYING AND LOCATING SAMPLING POINTS FOR ASSESSMENTS OF OZONE
CONCENTRATIONS
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The following
considerations apply to fixed measurements taken in accordance with article
7:—
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Section
I: Macroscale Siting
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Type of Station
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Objectives of Measurement
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Representativeness*
|
Macroscale siting criteria
|
|
Urban
|
Protection of human health to assess
the exposure of the urban population to ozone, i.e. where population
density and ozone concentration are relatively high and representative of
the exposure of the general population
|
A few km2
|
Away from the influence of local
emissions such as traffic, petrol stations etc.;
Vented locations where
well mixed levels can be measured;
Locations such as
residential and commercial areas of cities, parks (away from the trees),
big streets or squares with little or no traffic, open areas
characteristic of educational, sports or recreation facilities
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|
Suburban
|
Protection of human health and
vegetation to assess the exposure of the population and vegetation located
in the outskirts of the agglomeration, where the highest ozone levels, to
which the population and vegetation is likely to be directly or indirectly
exposed, occur
|
Some tens of km2
|
At a certain distance from the area of
maximum emissions, downwind following the main wind direction(s) during
conditions favourable to ozone formation;
Where population,
sensitive crops or natural ecosystems located in the outer fringe of an
agglomeration are exposed to high ozone levels;
Where appropriate, some
suburban stations also upwind of the area of maximum emissions, in order
to determine the regional background levels of ozone
|
|
Rural
|
Protection of human health and
vegetation to assess the exposure of population, crops and natural
ecosystems to sub-regional scale ozone concentrations
|
Sub-regional levels (a few km2)
|
Stations can be located in small
settlements and/or areas with natural ecosystems, forests or crops;
Representative for ozone
away from the influence of immediate local emissions such as industrial
installations and roads;
At open area sites, but
not on higher mountain tops
|
|
Rural Back-ground
|
Protection of vegetation and of human
health to assess the exposure of crops and natural ecosystems to
regional-scale ozone concentrations as well as exposure of the population
|
Regional/national levels (1,000 to
10,000 km2)
|
Station located in areas with lower
population density, e.g. with natural ecosystems, forests, far removed
from urban and industrial areas and away from local emissions;
Avoid locations which are
subject to locally enhanced formation of ground-near inversion conditions,
also summits of higher mountains;
Coastal sites with
pronounced diurnal wind cycles of local character are not recommended.
|
|
* Sampling points should
also, where possible, be representative of similar locations not in their
immediate vicinity.
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|
|
|
|
For rural and rural
background stations, consideration should be given, where appropriate, to
coordination with the monitoring requirements of Commission Regulations (EC)
No. 1091/944 concerning
protection of the Community's forests against atmospheric pollution.
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|
|
|
Section
II: Microscale Siting
|
|
|
|
The following guidelines
should be followed, as far as practicable:
|
|
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|
1. The flow
around the inlet sampling probe should be unrestricted (free in an arc of at
least 270°) without any obstructions affecting the air flow in the vicinity
of the sampler, i.e. away from buildings, balconies, trees and other
obstacles by more than twice the height the obstacle protrudes above the
sampler.
|
|
|
|
2. In
general, the inlet sampling point should be between 1.5 m (the breathing
zone) and 4 m above the ground. Higher positions are possible for urban
stations in some circumstances and in wooded areas.
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|
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|
3. The inlet
probe should be 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.
|
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|
|
4. The
sampler's exhaust outlet should be positioned so as to avoid re-circulation
of exhaust air to the sampler inlet. The following factors may also be taken
into account:
|
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|
1.
interfering sources;
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|
2.
security;
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|
3.
access;
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4.
availability of electrical power and telephone communications;
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|
5.
visibility of the site in relation to its surroundings;
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|
6.
safety of public and operators;
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|
7. the
desirability of co-locating sampling points for different pollutants; and
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|
8. planning requirements.
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Section
III: Documentation and review of site selection
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|
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|
Site selection procedures
should be fully documented at the classification stage by such means as
compass point photographs of the surroundings and a detailed map. Sites
should be reviewed at regular intervals with repeated documentation to
ensure that selection criteria are still being met.
|
|
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|
This
requires proper screening and interpretation of the monitoring data in the
context of meteorological and photochemical processes affecting the ozone
concentrations measured at the respective site.
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|
SCHEDULE 6
CRITERIA FOR
DETERMINING THE MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT OF
CONCENTRATIONS OF OZONE
|
|
|
|
Section I: Minimum number of sampling points for
fixed continuous measurements to assess air quality in view of compliance
with the target values, long-term objectives and information and alert
thresholds where continuous measurement is the sole source of information.
|
|
|
|
|
Population (× 1,000)
|
Agglomeration (urban and suburban)*
|
Other zones (surburban
and rural)*
|
Rural Background
|
|
<250
|
|
1
|
1 station 50,000 km2
as an average density over all
|
|
<500
|
1
|
2
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|
<1,000
|
2
|
2
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|
<1,500
|
3
|
3
|
|
<2,000
|
3
|
4
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|
<2,750
|
4
|
5
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|
<3,750
|
5
|
6
|
|
>3,750
|
1 additional station per
2 million inhabitants
|
1 additional station per
2 million inhabitants
|
|
* At least 1 station in suburban area, where
the highest exposure of the population is likely to occur. In
agglomerations at least 50% of the stations should be located in suburban
areas.
**1 station per 25,000 km2
for complex terrain is recommended.
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|
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|
|
Section
II. Minimum number of sampling points for fixed measurements for zones and
agglomerations attaining the long-term objectives
|
|
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|
The number of sampling
points for ozone must, in combination with other means of supplementary
assessment such as air quality modelling and co-located nitrogen dioxide
measurements, be sufficient to examine the trend of ozone pollution and
check compliance with the long-term objectives. The number of stations
located in agglomerations and other zones may be reduced to one-third of the
number specified in Section I. Where information from fixed measurement
stations is the sole source of information, at least one monitoring station
should be kept. If, in zones where there is supplementary assessment, the
result of this is that a zone has no remaining station, co-ordination with
the number of stations in neighbouring zones must ensure adequate assessment
of ozone concentrations against long-term objectives. There should be at
least one rural background station.
|
|
|
|
SCHEDULE 7
MEASUREMENTS OF OZONE
PRECURSOR SUBSTANCES IN ACCORDANCE WITH ARTICLE 7(3)(h)
|
|
|
|
Objectives
|
|
|
|
The main objectives of such
measurements are to analyse any trend in ozone precursors, to check the
efficiency of emission reduction strategies, to check the consistency of
emission inventories and to help attribute emission sources to pollution
concentration. An additional aim is to support the understanding of ozone
formation and precursor dispersion processes, as well as the application of
photochemical models.
|
|
|
|
Substances
|
|
|
|
Measurement of ozone
precursor substances must include at least nitrogen oxides and appropriate
volatile organic compounds (VOCs). A list of
volatile organic compounds recommended for measurement is given below:
|
|
|
|
|
Ethane
|
1-Butene
|
Isoprene
|
Ethyl benzene
|
|
Ethylene
|
trans-2-Butene
|
n-Hexane
|
m+p-Xylene
|
|
Acetylene
|
cis-2-Butene
|
i-Hexane
|
o-Xylene
|
|
Propane
|
1,3-Butadiene
|
n-Heptane
|
1,2,4-Trimethyl benzene
|
|
Propane
|
n-Pentane
|
n-Heptane
|
1,2,3-Trimethyl benzene
|
|
n-Butane
|
i-Pentane
|
i-Octane
|
1,3,5-Trimethyl benzene
|
|
i-Butane
|
1-Pentene
|
Benzene
|
Formaldehyde
|
|
|
2-Pentene
|
Toluene
|
Total non-methane
hydrocarbons
|
|
|
|
|
|
|
Reference
Methods
|
|
|
|
The reference methods
specified in Directive 1999/30/EC5 or in subsequent Community legislation will apply for
nitrogen oxides. The Agency shall inform the Commission of the methods used
to sample and measure VOCs.
|
|
|
|
Siting
|
|
|
|
Measurements should be
taken in particular in urban and suburban areas at any monitoring sites set
up in accordance with the requirements of Directive 96/62/EC6 on ambient air quality assessment and
management and considered appropriate with regard to the above monitoring
objectives.
|
|
|
|
SCHEDULE 8
DATA QUALITY OBJECTIVES
AND COMPILATION OF THE RESULTS OF AIR QUALITY ASSESSMENT
|
|
|
|
Section
I: Data quality objectives
|
|
|
|
The following data quality
objectives, for allowed uncertainty of assessment methods, and of minimum
coverage and of data capture of measurements are provided to guide
quality-assurance programmes.
|
|
|
|
|
|
For ozone, NO and NO2
|
|
Continuous fixed measurement
|
|
|
Uncertainty of individual
measurements
|
15%
|
|
Minimum data capture
|
90% during summer
|
|
|
75%during winter
|
|
Indicative measurement
|
|
|
Uncertainty of individual
measurements
|
30%
|
|
Minimum data capture
|
90%
|
|
Minimum time coverage
|
>10% during summer
|
|
Modelling
|
|
|
Uncertainty
|
|
|
1 hour averages (daytime)
|
50%
|
|
8 hours daily maximum
|
50%
|
|
Objective estimation
|
|
|
Uncertainty
|
75%
|
|
|
|
|
|
|
The uncertainty (on a 95%
confidence interval) of the measurement methods will be evaluated in
accordance with the principles of the ISO “Guide to the Expression of
Uncertainty in Measurement” (1993), or the methodology of ISO 5725-1
“Accuracy (trueness and precision) of measurement methods and results”
(1994) or equivalent. The percentages for uncertainty in the table are given
for individual measurements, averaged over the period for calculating target
values and long-term objectives, for a 95% confidence interval. The
uncertainty for continuous fixed measurements should be interpreted as being
applicable in the region of concentrations used for the appropriate
threshold.
|
|
|
|
The
uncertainty for modelling and objective estimation is defined as the maximum
deviation of the measured and calculated concentration levels, over the
period for calculating the appropriate threshold, without taking into
account the timing of the events.
|
|
|
|
The
requirements for minimum data capture and time coverage do not include
losses of data due to the regular calibration or normal maintenance of the
instrumentation.
|
|
|
|
Section
II: Results of air quality assessment
|
|
|
|
The following information
should be compiled for zones or agglomerations within which sources other
than measurement are employed to supplement information from measurement:—
|
|
|
|
— a
description of the assessment activities carried out;
|
|
|
|
— specific
methods used, with references to descriptions of the method;
|
|
|
|
— sources
of data and information;
|
|
|
|
— a
description of results, including uncertainties and, in particular, the
extent of any area within the zone or agglomeration over which
concentrations exceed long-term objectives or target values; and
|
|
|
|
— for long-term
objectives or target values whose object is the protection of human health,
the population potentially exposed to concentrations in excess of the
threshold.
|
|
|
|
Where possible maps should
be compiled showing concentration distribution within each zone and
agglomeration.
|
|
|
|
Section
III: Standardisation
|
|
|
|
For ozone the volume must
be standardised at the following conditions of temperature and pressure:
293°K, 101.3 kPa. For nitrogen oxides the
standardisation specified in Directive 1999/30/EC7 relating to limit values for sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and
lead in ambient air will apply.
|
|
|
|
SCHEDULE 9
REFERENCE METHODS FOR
ANALYSIS OF OZONE AND CALIBRATION OF OZONE INSTRUMENTS
|
|
|
|
Reference
method for the analysis of ozone and calibration of ozone instruments
|
|
|
|
— Analysis
method: UV photometric method (ISO FDIS 13964).
|
|
|
|
— Calibration
method: Reference UV photometer (ISO FDIS 13964, VDI 2468, B1.6).
|
|
|
|
This method is being
standardised by the European Committee for Standardisation (CEN). Once CEN has published
the relevant standard, the method and techniques described therein shall
constitute the reference and calibration method for these Regulations.
|
|
|
|
SCHEDULE 10
PRESCRIBED
BODIES
|
|
|
|
(1) The Minister for Health
and Children
|
|
|
|
(2) Health Boards
|
|
|
|
(3) Eastern Regional Health
Authority
|
|
|
|
(4) Local Authorities
|
|
|
|
(5) An Bord
Pleanála
|
|
|
|
(6) Office of the Director
of Consumer Affairs
|
|
|
|
(7) The Asthma Society of
Ireland
|
|
|
|
(8) Met Éireann
|
|
|
|
(9) Teagasc
|
|
|
|
|
|
GIVEN under the
Official Seal of the Minister for the Environment, Heritage and Local
Government this 11th day of February, 2004.
|
|
|
MARTIN CULLEN,
Minister for the Environment,
Heritage and Local Government.
|
|
|
|
|
EXPLANATORY NOTE.
|
|
|
|
(This note is not part of the
Instrument and does not purport to be a legal interpretation.)
|
|
|
|
These Regulations transpose
Directive 2002/3/EC relating to ozone in ambient air.
|
|
|
|
The
Regulations specify target values and long-term objectives to be attained
for concentrations of ozone in ambient air. The Regulations provide for
advice by the Environmental Protection Agency to local authorities about the
need for air quality management plans to attain the target values or
long-term objectives, and the preparation of such plans by local
authorities. Provision is also made for air pollution action plans for
short-term risks of exceedances of the ozone alert
threshold. The Regulations also provide for the dissemination of public
information, including where the alert threshold is, or is predicted to be,
exceeded. This requirement necessitates informing the public of the types of
groups potentially at risk, possible health effects and recommended conduct
and preventive action.
|
|
|
|
1 O.J. L 67 of 9 March 2002, p.14.
2 O.J. L 377 of 31 December 1991, p.48.
3 O.J. L 35 of 5 February 1997, p.14.
4O.J. L
125 of 18 May 1994, p.1.
5 O.J. L 163 of 29 June 1999, p.41.
6 O.J. L 296 of 21 November 1996, p.55.
7 O.J. L 163 of 29 June 1999, p.41.
|