The Air Quality Limit Values Regulations (Northern Ireland) 2002

Action to be taken where limit values are exceeded

9.—(1) The Department shall draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than—

(a) in a case where there is no margin of tolerance shown in Schedule 1 in relation to a limit value, the limit value;

(b) in any other case, the limit value plus the margin of tolerance shown in Schedule 1.

(2) The Department shall draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.

(3) Subject to paragraphs (6), (8) and (9), the Department, after consultation with other Northern Ireland departments, shall draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question within the time limits specified in Schedule 1; and the Department and those other Northern Ireland departments shall ensure that the plan or programme is implemented.

(4) The plan or programme shall at least include the information listed in Schedule 7.

(5) Where in any zone the level of more than one pollutant is higher than the limit values, an integrated plan covering all the pollutants in question shall be prepared.

(6) For any zone designated under regulation 5(7)(a), the Department may provide that plans or programmes shall only be required under this regulation where the limit values are exceeded owing to man-made emissions.

(7) Plans or programmes for PM₁₀ which are prepared in accordance with this regulation shall also have the aim of reducing concentrations of PM_2.5.

(8) For any zone designated under regulation 5(7)(b)(i), the Department may provide that plans or programmes shall only be required where the limit values are exceeded owing to causes other than natural events.

(9) For any zone designated under regulation 5(7)(b)(ii), the Department may provide that plans or programmes shall only be required where the limit values are exceeded owing to PM₁₀ levels other than those caused by winter road sanding.

(10) Where the level of a pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution originating in another Member State, the Department shall notify the Secretary of State for Environment, Food and Rural Affairs.