Air Pollution Act 1987

Air quality standards.

50

50. — (1) The Minister may, for the purposes of this Act, by regulations specify standards (in this Act referred to as “ air quality standards ”) and different air quality standards may be specified for different areas or classes of areas, different circumstances or classes of circumstances or for different periods of time.

(2) Without prejudice to the provisions of subsection (1), regulations under this section may make provision for all or any of the following matters—

(a) relate an air quality standard to a particular pollutant or to a combination of pollutants;

(b) express an air quality standard as a concentration in the air, or as a mass depositing on a specified area, of the particular pollutant or combination of pollutants which is not to be exceeded for specified periods and under specified conditions;

(c) provide that the Minister may suspend, relax or modify an air quality standard for such period and in such circumstances as may be specified either generally or in relation to a particular area.

(3) Where it appears as a result of monitoring carried out under section 54 , or otherwise, that an air quality standard is being, or is likely to be, exceeded in any part of their functional area, a local authority shall—

(a) include in any air quality management plan prepared by them such objectives as the local authority consider appropriate for the improvement of the quality of the air and for the prevention or limitation of air pollution in the affected area so that within such period as the local authority consider reasonable, or such period as the Minister may direct, the air quality standard will not be exceeded, and

(b) take such other steps as may be appropriate in discharge of their functions under this Act to secure compliance with the air quality standard.

Annotations:

Editorial Notes:

E170

Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for air under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(a), not commenced as of date of revision.

E171

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.

E172

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E173

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E174

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

E175

Previous affecting provision: power pursuant to section exercised (1.10.1987) by Air Pollution Act, 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987), in effect as per reg. 1(2); revoked (31.12.2009) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), reg. 19, in effect as per reg. 19.