Agenda item

The Panel will receive a presentation from the Team Manager for Environmental Protection and Licensing and the Environmental Protection Manager regarding this item.

The Senior Public Protection Officer and the Environmental Protection Manager gave the Panel a presentation on this matter, a brief summary of which is set out below.

National Requirements

·  Part IV of the Environment Act 1995 sets provisions for protecting air quality in the UK (Air Quality (Standards) Regulations 2010.

·  Air Quality (Standards) Regulations 2010 transpose into English law the requirements of Directives 2008/50/EC and 2004/107/EC (Ambient Air Quality) and sets limits for key pollutants that impact upon public health e.g. particulate matter and nitrogen dioxide.

·  UK has failed to meet the requirements of the Directive.

·  European Emission standards sets limits on the maximum emissions from new vehicles.

The 2008 Ambient Air Quality Directive (2008/50/EC) sets limits for key pollutants in the air we breathe outdoors. These legally binding limit values are for concentrations of major air pollutants that impact public health, such as particulate matter (PM10 and PM2.5) and nitrogen dioxide (NO2). The directive also sets limit values for a range of other pollutants, such as ozone, sulphur dioxide and carbon monoxide. The limits set in the Ambient Air Quality Directive are closely aligned to the UK air quality objectives, with similar metrics and levels.

In addition to the limit values, the Ambient Air Quality Directive contains requirements on Member States to address exposure reduction for PM2.5. This is currently the responsibility of central government, and local authorities are not required to act on this, although many local measures to address PM10 would have an impact on PM2.5 too (as diesel vehicles are a major source of PM2.5 emissions).

The UK is currently in breach of the European Ambient Air Quality Directive for PM10 and NO2. The European Commission have the right to fine them for breaching this directive, a fine which could cost millions of pounds. The UK Government have been challenged through the UK courts over this breach. Environmental Protection UK are pressurising the government for further national action, and additional support for local action, to improve air quality and protect human health. This includes our recent response to the consultation on the draft NO2 National Plans.

B&NES Council – Statutory Duty

Bath and North East Somerset Council is legally required to review air quality and designate air quality management areas, if improvements are necessary under Part IV of the Environment Act 1995 and the Air Quality (Standards) regulations.  B&NES must be in pursuit of the objectives and work towards achieving them but is not charged with meeting them.

Where an air quality management area is designated (Bath, Keynsham & Saltford), an air quality action plan describing the pollution reduction measures must then be put in place in pursuit of the achievement of the Air Quality Strategy and Objectives in the designated area. 

Councillor Lin Patterson asked if the Council had enough machines to measure the levels of particulate matter.

The Environmental Protection Manager replied that he would be able to inform the Panel of the number of monitors the Council has later in the presentation.

·  Supreme Court ruling in April 2015 forced government to implement new air quality plans for zones not predicted to comply with objectives by 2020. 

·  Bath and North East Somerset is in a zone (South West zone and Bristol agglomeration) that is predicted to comply by 2020, according to the governments’ method of modelling. 

·  Government modelling doesn’t pick up hotspots due to 1km squared gridded output.

·  Predicted non-compliant cities: Derby; Nottingham; Southampton; Leeds; and Birmingham.

The Chairman asked how the zones are determined.

The Senior Public Protection Officer replied that they are based on emission factors and predictions over a broad area. He added that regular traffic flow is taken into account and that if it would help the Panel he would send them a briefing note to explain further.

Councillor Brian Simmons asked what we would be doing locally with regard to the proposed 2020 levels.

The Senior Public Protection Officer replied that they could apply for powers under the Road Traffic Act for enforcement measures relating to turning vehicle engines off when in traffic.

Councillor Alan Hale questioned how this would be enforced.

Councillor Neil Butters asked what the likely penalties could be.

The Senior Public Protection Officer replied that guidance was expected from DEFRA with regard to the predicted five non-compliant cities. He said that the tools currently were limited.

Councillor Michael Norton asked if for new housing developments the distance between the roads and properties could be legislated to limit the impact on residents.

The Senior Public Protection Officer replied that this could be addressed through the planning process.

Councillor Matthew Davies asked if the trees planted on the London Road had had any noticeable effect on readings in the area.

The Senior Public Protection Officer replied that it was difficult to measure any difference and that they needed to be careful not to trap emissions under the canopy of the trees.

The Environmental Protection Manager referring back to the earlier question from Councillor Patterson explained that the Council’s current monitoring network.

Automatic monitors in enclosures:

·   - Lower Bristol Road - NOx (NO+ NO2), PM10

·   - London Road (Snow Hill) - NOx (NO+ NO2), PM10,   PM2.5

·   - London Road (Antiques shop) - NOx (NO+ NO2)

·   - Guildhall - NOx (NO+ NO2)

Moveable automatic monitors:

·  Bathwick Street

·  Larkhall schools

Measuring - NOx, NO, NO2, SO2, temp, humidity, pressure

NO2 Diffusion tubes:

·  60+ locations

·  Changed monthly for monthly average values

PM2.5

‘Local Authorities have a new, flexible role in working towards reducing emissions and concentrations of PM2.5’…’

Local Authorities are expected to work towards reducing emissions and concentrations of PM2.5 in their local area as practicable. In doing so they are not required to carry out any additional local review and assessment (including monitoring) but make use of national monitoring....

The EU Ambient Air Quality Directive does however set out air quality standards for PM2.5 including an exposure reduction obligation, a limit value (25µg/m3), which may act as a guide in how you choose to interpret your role.’ (Local Air Quality Management Policy Guidance [PG16] 2016)

In 2015 at the junction of Snow Hill with London Road, over a 3 month period the average measurement was 9µg/m3.

Air Quality Management Areas

The Panel will discuss the Air Quality Action Plans for Saltford & Keynsham in May and following this they will review the one for Bath.

Actions

·  Air Quality Monitoring

·  Freight Consolidation Vehicle

·  Electric Vehicles for Council use

Councillor Alan Hale asked what can the Council do to achieve the required reductions, should it consider removing a loop of traffic.

The Senior Public Protection Officer replied that Widcombe Parade has seen a significant drop in its levels since being reconfigured.

Councillor Lin Patterson said that she was pleased to see the results achieved in Widcombe and called for further use of electric vehicles and public transport to achieve reductions.

The Senior Public Protection Officer said that the growth in use of electric vehicles has been quite steep and that the Council must make sure that the infrastructure is strong. He added that funding had been achieved to improve vehicle charging facilities.

Councillor Anthony Clarke, Cabinet Member for Transport said that the administration was looking at a wide range of options including discussions with First Bus regarding their vehicle engines. He added that talks relating to a North / South bypass and an East / West bypass were ongoing and that a new 18A junction for the M4 is being debated.

Councillor Dine Romero urged the Council to not rest on its laurels and to achieve the objectives set for 2020.

Councillor Lin Patterson asked if there were sufficient resources allocated for the work required.

The Environmental Protection Manager said that he was confident that the Council had what it needed in terms of equipment to maintain their record on monitoring.

The Chairman thanked both officers for the presentation and said that he looked forward to the Panel receiving the Air Quality Action Plans for Saltford & Keynsham in May.