Introduction

1. The purpose of this consultation is to seek views on the draft regulations which will give legal effect for the purposes of Local Air Quality Management (LAQM) to the revised objectives set out in the draft Air Quality Strategy for England, Scotland, Wales and Northern Ireland. These regulations will then come into effect early next year, following the publication of the Air Quality Strategy for England, Scotland, Wales and Northern Ireland.

2. Comments on any aspect of these draft regulations are invited by 20 December 1999. This consultation in no way pre-empts the outcome of the current consultation on the draft Air Quality Strategy.

Background

3. In January this year, the Government published its proposals to amend the objectives in the National Air Quality Strategy published by the previous administration in 1997. This followed a review of the Strategy carried out in 1998, which looked at the range of air quality issues and took account of new medical and scientific evidence. Following this consultation, on 25 August the Government published its draft Air Quality Strategy for England, Scotland, Wales and Northern Ireland. Comments were invited by 22 October. When published in its final version early next year, the Air Quality Strategy will replace the 1997 Strategy.

4. The Air Quality Strategy will fulfil the requirements of Part IV of the Environment Act 1995 which requires the production and periodic review of a national air quality strategy which sets standards and objectives and establishes policy measures to achieve the objectives.

5. Part IV of the 1995 Act also provides for the system of Local Air Quality Management (LAQM). Local authorities are required to carry out periodic reviews of air quality in their area and to assess present and likely future quality against the air quality objectives prescribed in regulations. Where, following review and assessment, an area is identified as unlikely to achieve the air quality objectives within the relevant period, an authority is required to designate an Air Quality Management Area (AQMA) and make an action plan for improvements in air quality in pursuit of the air quality objectives (s83 of the Act).

6. The Air Quality Regulations 1997 gave effect to objectives for seven of the eight pollutants addressed by the 1997 Strategy: ozone was not included since, because of its transboundary nature, action at local level would be unlikely to have very much impact on levels locally.

Issues

7. For the revised objectives in the Air Quality Strategy to have effect for the purposes of LAQM, they must be prescribed in regulation. These draft Regulations prescribe the air quality objective levels and the relevant period by which the objectives are to be achieved as set out in the draft Air Quality Strategy published in August.

8. The Government proposes tightening five of the existing objectives, for benzene, 1,3-butadiene, carbon monoxide, lead and the hourly nitrogen dioxide objective. The objectives for ozone, sulphur dioxide and the annual nitrogen dioxide objective remain the same. For particles, since the existing objective is now known to be unachievable, the Government proposes to replace the current objective with the less stringent European Union limit value, which is currently the only alternative nationally recognised target. The Government also proposes a number of new objectives to reflect the limit values agreed in the European Union Air Quality Daughter Directive for sulphur dioxide, nitrogen dioxide, lead and particles (PM₁₀). As before, there is no objective for ozone: action in pursuit of this will be taken at national level. The full list of objectives to be included in regulation, as they appear in the draft Air Quality Strategy, is at Annex B for comparison.

9. There are a number of other differences between these draft Regulations and the 1997 Regulations. Whereas the relevant period was 2005 for all pollutants it now varies from objective to objective, between 2003 and 2008. The objectives are also presented using a consistent measurement method, µg/m³ or mg/m3, for all pollutants, rather than a mixture of these and parts per billion/million (ppb/ppm). This is simpler and has the advantage of being consistent with the EU Air Quality Daughter Directive limit values.

10. We would particularly welcome comments on the definitions of the measurement periods as set out in the Interpretation. We wish to ensure that while correct monitoring standards are adhered to and monitoring requirements of any relevant EU Directives are met, we are not unnecessarily prescriptive in the monitoring required.

11. When in effect, these Regulations will replace the current Air Quality Regulations 1997 in England.

Legal Base

12. The Regulations will be made under Section 87 of the Environment Act 1995. Before making these Regulations, the Secretary of State is required to consult:

• the Environment Agency;
• appropriate local authority representatives;
• appropriate industry representatives; and
• other appropriate bodies or persons.

13. These Regulations will apply only in England. Separate regulations will be made in Scotland and Wales.

Consultation

14. Comments on these draft Regulations should be sent by 20 December 1999 to:

Ruth Chapman
Air and Environment Quality Division
Zone 4/E13
Ashdown House
123 Victoria Street
London SW1E 6DE
Tel: 020 7944 6287
Fax: 020 7944 6279
E-mail: ruth.chapman@defra.gsi.gov.uk

15. In finalising the draft Regulations, we will consider responses received to this consultation, and to the consultation on the draft Air Quality Strategy. Copies of the Government's proposals to amend the objectives published in January are also available from the above address. Copies of the draft Air Quality Strategy are available from Defra Publications, Admail 6000, London, SW1A 2XX, Tel: 08459 556000, Fax: 020 8957 5012, Email: defra@iforcegroup.com.

16. Please note that we reserve the right to make responses publicly available, unless you clearly ask us not to. Receipt of your response will be acknowledged but it will not be possible for us to respond to any individual points that you may raise.

17. In the light of the revised Air Quality Strategy, the Government proposes to issue revised guidance to local authorities on their responsibilities under LAQM. Draft guidance is being prepared and will be issued for consultation shortly.

Annex A: Draft Statutory Instrument

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• Annex A: Draft Statutory Instrument (223kb)

Annex B: Draft Statutory Instrument