The Air Quality Standards Regulations 1989

Made: 2nd March 1989

Laid before Parliament: 9th March 1989

Coming into force: 31st March 1989

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972[^f00001], being the Ministers designated[^f00002] for the purposes of that subsection in relation to the control of air pollution, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and application

1

• (1) These Regulations may be cited as the Air Quality Standards Regulations 1989 and shall come into force on 31st March 1989.

• (2) Regulations 4 and 5 shall not apply to exposure to lead in the air as a result of a person’s occupation, and regulations 6 and 7 shall not apply in relation to exposure to nitrogen dioxide in the atmosphere at work or within buildings.

Limit values for sulphur dioxide and suspended particulates in the atmosphere

2

• (1) The Secretary of State shall take any appropriate measures to ensure that the concentrations of sulphur dioxide and suspended particulates in the atmosphere measured in accordance with regulation 3 do not exceed the limit values given in Annex I to Council Directive No. 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates[^f00003] (“the sulphur dioxide and suspended particulates Directive”).

• (2) Paragraph (1), insofar as it applies to suspended particulates, shall not apply to the areas specified in the Schedule until 1st April 1993.

Measurement of sulphur dioxide and suspended particulates

3

• (1) The Secretary of State shall ensure that measuring stations for measuring the concentrations of sulphur dioxide and suspended particulates in the atmosphere are established, and the concentration of sulphur dioxide and suspended particulates measured in accordance with Annexes III and V to the sulphur dioxide and suspended particulates Directive.

• (2) The measuring stations shall be established at sites where pollution is thought to be greatest and where the measured concentrations are representative of local conditions, and in particular in the zones specified in the Schedule and in zones where the limit values referred to in regulation 2(1) are likely to be approached or exceeded.

Limit value for lead in the air

4

• (1) The Secretary of State shall take any necessary measures to ensure that the mean annual value for the concentration of lead in the air, measured in accordance with regulation 5, does not exceed the limit value of 2 micrograms of lead per cubic metre expressed as an annual mean concentration.

• (2) Paragraph (1) shall not apply within a circular area one mile in radius centred on National Grid reference point 399350E 297750N (being an area near Walsall, West Midlands) until 9th December 1989.

Measurement of lead in the air

5

• (1) The Secretary of State shall ensure that sampling stations for measuring the concentration of lead in the air are installed and operated, and that the mean annual value is calculated in accordance with the Annex to Council Directive No. 82/884/EEC on a limit value for lead in the air[^f00004].

• (2) The sampling stations shall be installed at sites where individuals may be exposed to lead in the air continually for a long period and where, in the opinion of the Secretary of State, the limit value referred to in regulation 4(1) is likely to be exceeded.

Limit value for nitrogen dioxide in the atmosphere

6

The Secretary of State shall take any necessary measures to ensure that the concentration of nitrogen dioxide in the atmosphere measured in accordance with regulation 7 does not exceed the limit value as defined in the table in Annex I to Council Directive No. 85/203/EEC on air quality standards for nitrogen dioxide[^f00005] (“the nitrogen dioxide Directive”).

Measurement of nitrogen dioxide in the atmosphere

7

• (1) The Secretary of State shall ensure that measuring stations for measuring the concentration of nitrogen dioxide in the atmosphere are established, and that the concentration of nitrogen dioxide in the atmosphere is measured in accordance with paragraph 4 of Annex III, and Annex IV, to the nitrogen dioxide Directive.

• (2) The measuring stations shall be established at sites selected in accordance with paragraphs 1 to 3 of Annex III to that Directive, and in particular in zones where the limit value referred to in regulation 6 is or is likely to be exceeded.

SCHEDULE — AREAS TEMPORARILY EXEMPTED FROM THE APPLICATION OF THE LIMIT VALUES FOR SUSPENDED PARTICULATES

England

The areas of the Councils of the districts of–

• Barnsley

• Bassetlaw

• Blyth Valley

• Bolsover

• Cannock Chase

• Castle Morpeth

• Copeland

• Crewe and Nantwich

• Doncaster

• Kirklees

• Mansfield

• Newark

• Rotherham

• Staffordshire Moorlands

• Sunderland

• Wakefield

• Wansbeck

Scotland

Signed

Nicholas Ridley — Secretary of State for the Environment — 1st March 1989

Peter Walker — Secretary of State for Wales — 2nd March 1989

Malcolm Rifkind — Secretary of State for Scotland — 2nd March 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend throughout Great Britain, implement Council Directives No. 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates, No. 82/884/EEC on a limit value for lead in air and No. 85/203/EEC on air quality standards for nitrogen dioxide. They require the Secretary of State to ensure that the amounts in the air of suspended particulates and sulphur dioxide (considered both separately and in association), lead, and nitrogen dioxide are measured and (except in specified areas for limited periods) reduced below specified limit values. They do not apply to exposure to lead in the air as a result of a person’s occupation, nor to nitrogen dioxide in the atmosphere at work or within buildings.

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: S.I. 1988/785.

[^f00003]: O.J. No. L229, 30.8.1980, p.30.

[^f00004]: O.J. No. L378, 31.12.1982, p.15.

[^f00005]: O.J. No. L87, 27.3.1985, p.1, as amended by Council Directive No. 85/580/EEC (O.J. No. L372, 31.12.1985, p.36).