17.—(1) The National Assembly must, in accordance with paragraph (2), install and operate measuring stations to supply representative data on concentrations of PM2·5.
(2) For the purpose of paragraph (1), the National Assembly must—
(a) choose the number of measuring stations it considers necessary;
(b) insofar as possible, co-locate the measuring stations with any sampling points established for PM10 in accordance with regulation 15(1), or
(ii) in any other case, locate the measuring stations in accordance with the principles set out in Parts 1, 4 and 5 of Schedule 5 as they apply to PM10;
(c) use reference methods for sampling and measurement that it considers suitable; and
(d) have regard to the data quality objectives set out in Part 1 of Schedule 8.
18.—(1) The National Assembly must, in accordance with paragraph (2), install and operate one or, if it considers it necessary, more measuring stations to supply data on concentrations of those ozone precursor substances set out in Schedule 10.
(2) The National Assembly must have regard to Schedule 10 in choosing the number and sites of measuring stations and their operation.
19.—(1) The National Assembly must, in accordance with paragraphs (3) to (6), monitor concentrations of—
(a) those polycyclic aromatic hydrocarbons listed in paragraph (2); and
(b) any other polycyclic aromatic hydrocarbons, within the meaning of paragraph (7) that it may additionally choose to monitor.
(2) The polycyclic aromatic hydrocarbons required to be assessed by paragraph (1) comprise—
(a) benzo(a)anthracene;
(b) benzo(a)fluoranthene;
(c) benzo(b)fluoranthene;
(d) benzo(j)fluoranthene;
(e) benzo(k)fluoranthene;
(f) dibenz(a,h)anthracene; and
(g) indeno(1,2,3-cd)pyrene.
(3) The monitoring required by paragraph (1) must take place at monitoring sites designated for this purpose by the National Assembly in accordance with paragraphs (4) and (5).
(4) Each monitoring site must—
(a) insofar as possible, be co-located with a sampling point established for benzo(a)pyrene under regulation 15(1); or
(b) in any other case, be located in accordance with Parts 2, 4 and 5 of Schedule 5.
(5) The total number of monitoring sites and their overall selection is to be such as the National Assembly considers necessary to ensure that the monitoring carried-out provides sufficient information to identify long-term trends and geographical variation in concentrations.
(6) Regulation 16(2) and (3) applies to the monitoring required by this regulation.
(7) For the purpose of paragraph (1)(b), “polycyclic aromatic hydrocarbons” (“hydrocarbonau aromatig polysyclig”) means organic compounds, other than benzo(a)pyrene, which are composed of at least two fused aromatic rings made entirely from carbon and hydrogen.
20.—(1) The National Assembly must, in accordance with paragraphs (3) and (4), install and operate background sampling points to provide the measurements required by paragraph (2).
(2) The measurements required by this regulation are indicative measurements of—
(a) concentrations of—
(i) Group B pollutants,
(ii) polycyclic aromatic hydrocarbons, and
(iii) total gaseous mercury as defined in paragraph (6);
and
(b) total deposition of—
(i) Group B pollutants within the PM10 fraction,
(ii) polycyclic aromatic hydrocarbons, and
(iii) mercury.
(3) For the purposes of paragraphs (1) and (2), the National Assembly must ensure that—
(a) at least one sampling point is installed for every 100,000 km2; and
(b) each sampling point is located in accordance with Parts 2, 4 and 5 of Schedule 5.
(4) Regulation 16(2) and (3) applies to the measurements required by this regulation.
(5) The National Assembly may—
(a) in addition to the indicative measurements required by paragraph (2), take further indicative measurements relating specifically to particulate and gaseous divalent mercury from the sampling points required to be installed by paragraph (1); and
(b) coordinate any measurements taken under this regulation with the European Monitoring and Evaluation of Pollutants monitoring strategy and measurement programme.
(6) For the purpose of paragraph (2)(a)(iii), “total gaseous mercury” (“mercwri nwyol llwyr”) means—
(a) elemental mercury vapour (Hg0); and
(b) reactive gaseous mercury.
21.—(1) The National Assembly must ensure that—
(a) up-to-date information is made available to the public in accordance with this Part; and
(b) the public is given an opportunity to participate in the formulation of improvement plans in accordance with regulation 28.
(2) The National Assembly must ensure that the information to which this Part relates is—
(a) made available in a form that is clear, comprehensible and accessible;
(b) disseminated or published by the most appropriate means as it may determine, including (but not necessarily limited to) broadcast media, press, publications, information screens, the internet or other computer network sources; and
(c) up-dated—
(i) in accordance with a minimum frequency specified in these Regulations, or
(ii) in other cases, as soon as practicable.
(3) For the purposes of this Part, “the public” means natural or legal persons, including health-care bodies and other organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment.
22. The National Assembly must make available—
(a) information identifying each zone and specifying which zones have been classified as agglomerations;
(b) the following lists of zones—
(i) zones which have attained all air quality standards,
(ii) zones which have not attained one or more of the air quality standards, in respect of which the list must specify the pollutants and air quality standards concerned;
(c) until 1 January 2010, a list of zones in which concentrations of benzene or nitrogen dioxide either—
(i) exceed a limit value plus the relevant margin of tolerance, or
(ii) are between a limit value and the relevant margin of tolerance,
specifying, in both cases, the pollutant and limit values for which this is the case; and
(d) a list classifying each zone in relation to the method by which concentrations of each pollutant are assessed within that zone in accordance with regulation 13.
23.—(1) The National Assembly must, in accordance with paragraphs (2) and (3), make available information in respect of—
(a) concentrations of Group A pollutants;
(b) concentrations of Group B pollutants;
(c) concentrations of ozone; and
(d) insofar as assessed under Part 3 of these Regulations—
(i) concentrations of mercury, PM2·5 and polycyclic aromatic hydrocarbons, and
(ii) deposition rates of Group B pollutants, mercury and polycyclic aromatic hydrocarbons.
(2) The information required to be made available by paragraph (1)(a) and, insofar as it relates to PM2·5, paragraph (1)(d)(i), must be updated as respects—
(a) benzene, as an average value over the last 12 months—
(i) at least on a three-monthly basis, and
(ii) where practicable, on a monthly basis;
(b) carbon monoxide, as a maximum running average over eight hours—
(i) at least on a daily basis, and
(ii) where practicable, on an hourly basis;
(c) lead, on a three-monthly basis; and
(d) nitrogen dioxide, sulphur dioxide, PM2·5 and PM10—
(i) at least on a daily basis, and
(ii) in the case of hourly values for nitrogen dioxide and sulphur dioxide, where practicable, on an hourly basis.
(3) The information required to be made available by paragraph (1)(c) must be updated—
(a) at least on a daily basis; and
(b) where appropriate and practicable, on an hourly basis.
24.—(1) The National Assembly must, as soon as possible in each case, provide the information required by paragraphs (2) to (4) where—
(a) any of the following are exceeded—
(i) the alert threshold for nitrogen dioxide or sulphur dioxide, or
(ii) the alert threshold or information threshold for ozone;
or
(b) it is predicted that the alert threshold or information threshold for ozone will be exceeded.
(2) Where paragraph (1)(a)(i) applies, the National Assembly must at least provide the information as set out at Part 1 of Schedule 11.
(3) Where paragraph (1)(a)(ii) applies, the National Assembly must at least provide the information as set out at Part 2 of Schedule 11.
(4) Where paragraph (1)(b) applies, the National Assembly must provide the information required by paragraph (3), insofar as it is practicable to do so.
(5) Where—
(a) both sub-paragraphs (i) and (ii) of paragraph (1)(a) apply; or
(b) both sub-paragraphs (a) and (b) of paragraph (1) apply,
the National Assembly must combine the information required to be provided in relation to those sub-paragraphs by paragraphs (2) to (4) in a comprehensive format.
(6) Without prejudice to the generality of the obligation imposed by this regulation to provide information to the public, in cases where the alert threshold for ozone is exceeded or is predicted to be exceeded, the National Assembly must ensure that timely information is provided to all relevant health-care bodies.
25.—(1) The National Assembly must provide the information required by paragraphs (2) to (5) in respect of each of the pollutants to which those paragraphs relate.
(2) For Group A pollutants, the National Assembly must—
(a) indicate the extent to which—
(i) any limit value has, or
(ii) the alert thresholds for nitrogen dioxide or sulphur dioxide have,
been exceeded over the relevant averaging periods set out in Part 1 of Schedule 1 and Part 1 of Schedule 3 respectively; and
(b) provide a short assessment of these occurrences and their effects on health.
(3) For Group B pollutants, the National Assembly must—
(a) indicate any occasion during which any target value has been exceeded; and
(b) in relation to any such occurrences, provide at least the following information—
(i) the areas within each zone in which the target value was exceeded,
(ii) the cause of the occurrence and the predominant sources of emissions identified in accordance with regulation 9(2)(a),
(iii) a short assessment of the effect of the occurrence on overall compliance with the target value in the zone concerned,
(iv) the measures being taken counteract the excess concentration in accordance with regulation 9(2)(b), and
(v) the prospects for attainment of the target value in the area affected.
(4) For ozone, the National Assembly must—
(a) indicate any occasion during which concentrations have exceeded—
(i) the long-term objectives for the protection of human health,
(ii) the information threshold, or
(iii) the alert threshold;
and
(b) provide a short assessment of each occurrence, including its extent and its effects on health.
(5) The information required to be made available in paragraphs (2) and (4) must be updated in accordance with the timescales specified for those pollutants by regulation 23(2) and (3).
26.—(1) The National Assembly must produce an annual report in relation to ozone in accordance with paragraphs (2) and (3).
(2) The annual report must at least contain the following information—
(a) for human health, an indication of all occasions during which—
(i) the target value,
(ii) the long-term objective, or
(iii) the alert threshold,
has been exceeded;
(b) for vegetation, an indication of all occasions during which—
(i) the target value, or
(ii) the long-term objective,
has been exceeded; and
(c) in relation to both sub-paragraphs (a) and (b), a short assessment of the effects of each such occurrence.
(3) The information referred to in paragraph (2)(b) may include, where appropriate,—
(a) further information and assessments on forest protection, in accordance with Part 1 of Schedule 12; and
(b) information on ozone precursor substances.
27.—(1) The National Assembly must make available, and provide information on the implementation of, each action plan and improvement plan.
(2) Where regulation 11(4) applies, the National Assembly must make available the results of the investigations undertaken in the context of its considerations under that regulation, irrespective of whether it has prepared an action plan under regulation 11(1)(a).
28.—(1) The National Assembly must consult the public where it proposes to prepare, modify or review an improvement plan.
(2) Where paragraph (1) applies, the National Assembly must—
(a) inform the public as to its proposal and any relevant background information; and
(b) specify the means by which the public can participate in the consultation process, including an address for responses and a reasonable timescale for the consultation.
(3) Where, following a consultation, the National Assembly takes a decision in relation to its proposal, it must inform the public and provide information as to the reasons and considerations on which its decision is based.