5. Will the Minister provide an update on Welsh Government policy regarding the environmental impact of dust nuisance on communities? OAQ55164

8. What has the Welsh Government done to protect the people of Wales from the side-effects of dust escaping into the atmosphere? OAQ55180

Deputy Presiding Officer, I understand you've given your permission for questions 5 and 8 to be grouped. The Environmental Protection Act 1990 provides local authorities with the necessary powers to investigate dust complaints as a statutory nuisance. If proven, the local authority can require any responsible party to mitigate any dust nuisance identified. 'Planning Policy Wales' also provides guidance to help minimise dust impacts on communities.

The Minister will recall that, on a number of occasions, I've raised issues relating to operations at Gelliargwellt Uchaf Farm in Gelligaer in my constituency, and the operations run under the banner of Bryn Group, which is the business there. The site run by Bryn Group includes a quarry for the supply of aggregates and, as such, blasting takes place on a regular basis. I get a lot of complaints from residents about dust nuisance and vibrations across the community of Gelligaer. Dust is a nuisance by-product, and residents feel strongly that it's having a detrimental impact on the local environment and on their lives. It can also be seen at nearby Llancaiach Fawr Manor, so there is a question of whether that has an impact on tourism as well.

I understand the Environmental Protection Act 1990 is the Act that Caerphilly County Borough Council defers to when considering action against statutory nuisance complaints, and that Act doesn't provide enough power to deal with these issues in the community of Gelligaer. Therefore, does the Minister feel that legislative change is required so that the impact of dust nuisance can be dealt with more effectively by local authorities, and particularly by Caerphilly County Borough Council in this instance, in order to deal with what is becoming an increasing problem?    

So, I haven't been given any advice that that legislation needs to be looked at or refreshed. What I have been reassured of is that officers from Caerphilly council's environmental health team do respond to all complaints. I know there's a dust mitigation scheme for the site. I also know that Caerphilly council and NRW had a lot of complaints about this site. The council have also undertaken periodic dust monitoring within both Penybryn and Gelligaer communities. They have recorded dust levels typical of ambient levels, and also as a precaution they have installed a permanent PM10 monitor within the Penybryn community, which has been shared with Public Health Wales, who've not identified any concerns. But I'd be very happy to meet with the Member to discuss those particular points, if you think it would be helpful. 

Dust from the Kronospan works has been visible on people's cars and windows in Chirk for many, many years, and local residents are hugely concerned about the impact that breathing in that dust over the longer term has on their health. Monitoring by Wrexham County Borough Council only measures the larger particulates, the PM10s, while there's nothing in place to measure the smaller PM2.5s, which can get into the lungs, and the chemicals associated with the plants, such as formaldehyde. Because of this, local residents are worried that their long-term health is going to suffer, but particularly their children in nearby schools as well. So, when will this Government make sure that the health and safety of the residents of places such as Chirk are protected by improving monitoring for both chemicals and the smaller particulates, and that that monitoring happens in an open and transparent way?

We obviously take the concerns—. You've referred to Kronospan and Chirk in particular. We obviously take their concerns very seriously. You'll be aware there's ongoing work in relation to that. You'll be aware of what we're doing across Wales in relation to the clean air Wales programme, the clean air plan for Wales, and we will be bringing forward a clean air Act for Wales.

In relation to PM10 and PM2.5, typically, the sizes of visible dust particles are too large to be breathed in, so the health risks and impacts are not the same as they are for exposure to smaller fractions such as PM10 and PM2.5. You'll also be aware that NRW will be the whole regulator for that site from the summer. Another thing that I have discussed with NRW is I think there needs to be much better engagement with the residents of Chirk around a lot of their concerns. I think that hasn't been the case with the local authority, and when NRW do take over as whole regulators for the site, I really stress the importance of community engagement in their regulatory role.

In fact, only yesterday, a study reported in The Times found that air pollution causes more deaths than the total from wars, malaria, AIDS and smoking put together. Referring to the fire at Kronospan, in the days that followed, as you might know, the new MP, Simon Baynes, for Clwyd South had an eight-hour surgery with residents there discussing their concerns about the air quality problems they'd experienced following the fire—not just people in Chirk, but also the surrounding area. He also met the council, the chief executive, Kronospan, the town council and so on.

A typical e-mail I got from a constituent about this: 'I live three miles away and have been affected by the smoke even with windows closed.' That was three days after the fire started. The people of Chirk need answers and assurance that all the issues at Kronospan will be taken seriously. We need independent, regular, unannounced visits to monitor air pollution.

I contacted Natural Resources Wales and I did get a helpful response. They reconfirmed that the complication is caused by the regulation being split between themselves and Wrexham council, and that although they put in a request at the multi-agency meeting for temporary air-monitoring equipment, it's down to the council to continue with longer term air monitoring in Chirk.

So, can you confirm when the split regulation is due to end, which in previous correspondence on behalf of Chirk residents I understand is planned for, and also how you respond to the call for independent, regular, unannounced visits to monitor air pollution in and around Chirk?

Well, I'm not sure if the Member heard me, but I said in my answer to Llyr Huws Gruffydd it will be in the summer. I am aware of the concerns of having that split and, obviously, Wrexham County Borough Council are the regulators of the affected part of that site, and they've commenced their investigation, which I expect to be completed by the end of April. Certainly, as a Minister across many portfolios, I've been a fan of unannounced inspections. So, it's something I'd be very happy to discuss further with NRW.

In the last few weeks, I've organised a public meeting in Taibach in Port Talbot with the British Lung Foundation. There, I talked to many residents about the concerns that they have with dust in Port Talbot, and I understand that Tata has plans for a new chimney stack and other elements to replace the current 40-year-old extraction system from the sinter plant.

So, I'm wanting to understand what conversations you as Minister have had with Tata in relation to them changing their initiatives in this regard to make it more environmentally friendly for the people living in and around the steel plant. What was widely told to me in that public meeting was they would welcome—as you said to Hefin David—more public engagement opportunities so that they can understand exactly what these types of issues are, and how they can relay this in a way that they understand.

We all talk here of PM10s, PM2.5s, but we have to normalise what these issues are about so people understand how severe they are when they do actually go into people's lungs and they do affect their everyday lives. So, would you commit to also a public information campaign so that people across Wales are aware of the dangers in relation to air pollution, and how then the Act that you're going to put forward in relation to this matter can then mean something to them in their everyday lives?

I visited Tata back in the summer recess with David Rees, the local Member, where this was discussed, and my officials continue to have ongoing conversations with Tata around that.

I don't disagree with what you say about public engagement. For me, knowledge is power, and it's really important that we empower residents to know exactly what the dust is, for instance, what they can't see. I think it's really important that they have that knowledge. And, clearly, as we've had that consultation around the plan and then forward to the Act, I think that's something that we need to look at very, very carefully.