26.—(1) Where the levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and PM10 in ambient air exceed any of the limit values in Schedule 2 or the level of PM2.5 exceeds the target value in Schedule 3, the Secretary of State must draw up and implement an air quality plan so as to achieve that limit value or target value.
[F1(1A) Where F2... the Secretary of State has designated zones within which limit values for PM10 are exceeded due to the re-suspension of particulates following winter sanding or salting of roads, the Secretary of State's duty under paragraph (1) applies to those zones only in so far as the excess is attributable to other sources of PM10.]
(2) The air quality plan must include measures intended to ensure compliance with any relevant limit value within the shortest possible time.
(3) Between the date when these Regulations come into force and 31st December 2014, the Secretary of State must draw up and implement an air quality plan if levels of PM2.5 in ambient air exceed a level calculated by applying the margin of tolerance set out in Schedule 2 to the limit value.
(4) Air quality plans must include the information listed in Schedule 8.
(5) Wherever possible, air quality plans must be consistent with [F3 relevant environmental plans].
[F4(5A) The air quality plan must include an assessment of the need to apply lower emission limit values for individual medium combustion plants than those set out in Directive 2015/2193/EU of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (“the Medium Combustion Plant Directive”) provided that, in the opinion of the Secretary of State, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.
(5B) In considering whether to impose lower emission limit values, the Secretary of State must take into account the results of the information exchange referred to in Article 6(10) of the Medium Combustion Plant Directive.]
(6) Where an air quality plan is required in relation to more than one pollutant, the Secretary of State must, where appropriate, draw up and implement an integrated plan in relation to all pollutants concerned.
(7) Where the level of ozone in a zone exceeds the target value in Schedule 3, the Secretary of State must draw up and implement an air quality plan unless the measures necessary to achieve the target value would entail disproportionate cost.
[F5(8) In paragraph (5) “relevant environmental plans” means—
(a)the Transitional National Plan, which has the meaning given in regulation 2(1) of the Large Combustion Plants (Transitional National Plan) Regulations 2015 ;
(b)a national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018 ;
(c)an action plan drawn up in accordance with Part 4 of the Environmental Noise (England) Regulations 2006.]
[F6(8) In this regulation—
“emission limit values” has the meaning given in paragraph 5 of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016, and
“medium combustion plants” has the meaning given in paragraph 2(1) of Schedule 25A to those Regulations.]
Textual Amendments
F1Reg. 26(1A) inserted (11.2.2019) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(a), 3(3)
F2Words in reg. 26(1A) omitted (31.12.2020) by virtue of The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 26(5) substituted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Reg. 26(5A)(5B) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 18(2)(a)