The legal Framework

Tackling air pollution is a priority for this government and that is why they have agreed legally binding UK targets to reduce emissions of the five key primary air pollutants by 2020 (through the UNECE Gothenburg protocol) and 2030 (as part of the National Emission Ceilings Directive).

The five key primary air pollutants; sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter.

Under Part IV of the Environment Act 1995 local authorities have a statutory duty to monitor air quality levels and when they find them over the limit declare an Air Quality Management Area and produce an Air Quality Action Plan to reduce pollution to legal levels.

Our European-wide National legal levels will be passed into Environment Bill 2020 which also builds on Clean Air Strategy 2019  

Ipswich has 5 AQMAs covering much of central Ipswich, specifically;

Norwich Road double mini-roundabouts, along Chevallier Street to Waterloo Road

The Bramford Road/Yarmouth Road/Chevallier Street crossroads

From Electric House on Crown Street, along St Margaret's Street, Woodbridge Road and St Helen's Street as far as Palmerston Road

The Star Lane/College Street gyratory to the north of the waterfront

St Matthew's Street and Norwich Road, between the Civic Drive roundabout and Bramford Road

 

Department for Environment, Food and Rural Affairs (Defra) Technical Guidance (TG16) February 2018 describes what tiered authorities need to do and how they need to work together to deliver an AQAP with;

·      Quantified impacts of proposed measures. It should ensure that compliance is not just ‘possible’ but ‘likely’. It is important that the local authority shows how it intends to monitor and evaluate the effectiveness of the plan;

·      Clear timescales, including milestones and expected outcomes, which the authority and other delivery partners propose to implement the measures within the AQAP.

A little more detail on the guidance follows;

 Technical Guidance (TG16) February 2018 Section 3.2: There are obligations on both district and county councils within Part IV of the Environment Act. In summary, although district councils prepare the annual reports and Action Plans under LAQM, the Secretary of State expects lower and upper tier councils to work together to develop their content and, with respect to Action Plans, ensure that all necessary measures to address air pollution in their local area are included.

District Authorities - [Ipswich Borough Council, IBC]

Technical Guidance (TG16) February 2018 Section 3.4:  Under section 83 [IBC] is required to designate an Air Quality Management Area (AQMA) when …any of the air quality objectives are not being achieved.

Technical Guidance (TG16) February 2018 Section 3.5:  Under section 84, as amended by the Deregulation Act 2015 - Part 4 of Schedule 13, once an AQMA has been designated [IBC] should prepare an Air Quality Action Plan (AQAP) that sets out how it will achieve the air quality standards or objectives for the area that it covers. [IBC] should provide information on the timescales for the achievement of measures.

Technical Guidance (TG16) February 2018 Section 2.69:  As a minimum, AQAPs should include the following:

o   Quantification of source contributions…knowing the source of the problem will allow the AQAP measures to be effectively targeted;

o   Quantification of impacts of proposed measures. It should ensure that compliance is not just ‘possible’ but ‘likely’. It is important that the local authority shows how it intends to monitor and evaluate the effectiveness of the plan;

o   Clear timescales, including milestones and expected outcomes, which the authority and other delivery partners propose to implement the measures within the AQAP; and

o   Defined roles and responsibilities that detail how the local authority and other delivery partners, including transport, planning and health departments, will take ownership of the problem and in what capacity they will work together to implement the AQAP.

County Councils – [Suffolk County Council, SCC]

Technical Guidance (TG16) February 2018 Section 3.8:   …[SCC] have to proactively engage with [IBC] as soon as an air quality issue is identified.

Technical Guidance (TG16) February 2018 Section 3.9:  Where [IBC]is preparing an Action Plan, [SCC] are obliged under section 86(3) to submit measures related to their functions (i.e. local transport, highways and public health) to help meet air quality objectives in their local area. Under section 3.1 of the Air Quality (England) Regulations 2000, submission of these proposals should take place within at the latest nine months of first being consulted on the Action Plan by [IBC]. Earlier responses from [SCC] are encouraged in order not to delay the completion of the Action Planning process.

Technical Guidance (TG16) February 2018 Section 3.12:  As a result of the obligations set out above, the Secretary of State would expect [SCC] to actively engage at all stages of review, assessment and action planning in relation to LAQM in its area. Early engagement will not only ensure a more effective Action Plan but should ensure that no unnecessary costs or resources are spent on collecting and sharing the necessary information or securing agreements too late in the process

UK Defra’s table of legal limits and targets and World Health Organisation guidelines for all pollutants includes;

·       NO2

·       EU/UK (Defra) 40 μg/m3 annual mean

·       WHO 40 μg/m3 annual mean, 200 μg/m3 1-hour mean

·       Particles (PM10) 

·       EU/GB (Defra) 50 μg/m3 not to be exceeded more than 35 times a year

·       WHO 20 μg/m3 annual mean, 50 μg/m3 24-hour mean

·       Particles (PM2.5)

·       EU/UK (Defra) 25 μg/m3 annual mean

·       WHO 10 μg/m3 annual mean, 25 μg/m3 24-hour mean

 The 2019 Clean Air Strategy (UK)…. we will reduce PM2.5 concentrations across the UK, so that the number of people living in locations above the WHO guideline level of 10 μg/m3 is reduced by 50% by 2025.

The UK Clean Growth Strategy, 2017, sets out measures which will reduce both CO2 emissions and air pollutant emissions from the transport sector. Delivering the significant air pollutant emission reduction we require demands transformational change for our transport network and how we use it. The tools and technologies that will help achieve this are becoming available. Many deliver broader benefits as well as improving air quality, such as greater energy security and reduced congestion. The Industrial Strategy, published in 2017, set the ‘Future of Mobility’ Grand Challenge for the UK to become a world leader in the way people, goods and services move. The Challenge is supported by the £2.4 billion Transforming Cities Fund which aims to invest in new local transport infrastructure to boost productivity by improving public and sustainable transport connectivity. 

Introduction    Health impacts What needs to be done Council obligations Legal framework Director of Public Health