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STATUTORY INSTRUMENTS.
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S.I. No. 33 of 1999.
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ENVIRONMENTAL PROTECTION AGENCY ACT,
1992 (AMBIENT AIR QUALITY ASSESSMENT AND MANAGEMENT) REGULATIONS, 1999.
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S.I. No. 33 of 1999.
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ENVIRONMENTAL PROTECTION AGENCY ACT,
1992 (AMBIENT AIR QUALITY ASSESSMENT AND MANAGEMENT) REGULATIONS, 1999.
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In exercise of the powers
conferred on the Minister for the Environment and Local Government by
sections 6 and 53 of the Environmental Protection Agency Act, 1992 (Number 7
of 1992), which said powers are delegated to me by the Environment and Local
Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I.
No. 428 of 1997 ) and for the purpose of giving effect to Council Directive
96/62/EC1 on ambient air
quality assessment and management, I, Dan Wallace, Minister of State at the
Department of the Environment and Local Government, hereby make the
following Regulations:—
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1. These Regulations may
be cited as the Environmental Protection Agency Act, 1992 (Ambient Air
Quality Assessment and Management) Regulations, 1999.
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2. These Regulations shall
come into effect on the 15th day of February, 1999.
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3. (1) In these
Regulations:—
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“the Act” means the Environmental Protection
Agency Act, 1992 (No. 7 of 1992) ;
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“the Agency” means the Environment Protection
Agency established under section 19 of the Act;
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“the Directive” means Council Directive
96/62/EC on ambient air quality assessment and management; and
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“preliminary assessment” means the
preliminary assessment of ambient air quality involving such series of
representative measurements, surveys or assessments as the Agency considers
appropriate to implement Article 5 of the Directive.
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(2) In these Regulations:—
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(a) a reference to a schedule which is
not otherwise identified is a reference to a schedule of these Regulations;
and
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(b) a word or phrase which has been
assigned a meaning by the Directive has that meaning except where otherwise
indicated.
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4. The Agency is
designated as the competent authority and body responsible for:—
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(1) implementation of the
Directive;
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(2) assessing ambient air
quality in the territory of the State for the purposes of the Directive;
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(3) approving, or causing
to be approved, such ambient air quality measuring devices (including but
not limited to methods, equipment, networks and laboratories) as are deemed
necessary by the Agency for the implementation of the Directive;
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(4) ensuring, or causing
to be ensured, the accuracy of measurement by measuring devices and
checking, or causing to be checked, the maintenance of such accuracy by
those devices, in particular by internal quality controls carried out in
accordance, inter alia, with the requirements of
European quality assurance standards;
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(5) the analysis of
assessment methods; and
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(6) co-ordination within
the State of Community-wide quality assurance programmes organised by the
Commission of the European Communities.
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5. The Agency shall:—
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(1) undertake a
preliminary assessment of the levels of the pollutants listed in the
Schedule; and
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(2) thereupon inform the
Commission of the European Communities of the methods used for the
preliminary assessment.
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SCHEDULE
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List of
atmospheric pollutants to be taken into consideration in the assessment
and management of ambient air quality
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Sulphur dioxide
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Nitrogen dioxide
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Fine particulate matter
such as soot (including mw 10)
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Suspended particulate
matter
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Lead
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Ozone
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Benzene
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Carbon monoxide
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Poly-aromatic
hydrocarbons
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Cadmium
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Arsenic
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Nickel
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Mercury
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Date this 10th day of February, 1999.
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DAN WALLACE,
Minister of State at the Department of the Environment
and Local Government.
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EXPLANATORY NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Regulations
transpose articles 2, 3, 5 and 11(1)(d) of Directive 96/62/EC on ambient air
quality assessment and management into Irish law.
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The Regulations make the Environmental
Protection Agency the competent authority and body for the purposes of
implementing the Directive, provide for the preliminary assessment of
ambient air quality and notification to the Commission of the European
Communities of the methods used for this purpose.
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(1) O.J.
No. L296/55 of 21 November, 1996.
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