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The Air Quality Limit Values (Wales) Regulations 2002

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Action to be taken where limit values are exceeded

10.—(1) The National Assembly must 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 National Assembly must 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 (8), (10) and (11), the National Assembly must draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question and must ensure that the plan or programme is implemented.

(4) Where a date by which the limit value is to be met is specified in Schedule 1, the plan or programme is to be for attaining that limit value by that date.

(5) Where no date by which the limit value is to be met is specified in Schedule 1, the plan or programme is to be for attaining that limit value from the date on which these Regulations come into force(1).

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

(7) 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 must be prepared.

(8) For zones to which regulation 6(7)(a) applies, the National Assembly may provide that plan or programmes is only required under this regulation where the limit values are exceeded owing to man-made emissions.

(9) Plans or programmes for PM10 which are prepared in accordance with this regulation must also have the aim of reducing concentrations of PM2.5.

(10) For zones to which regulation 6(7)(b)(i) applies, the National Assembly may provide that plans or programmes is only required where the limit values are exceeded owing to causes other than natural events.

(11) For zones to which regulation 6(7)(b)(ii) applies, the National Assembly may provide that plans or programmes is only required where the limit values are exceeded owing to PM10 levels other than those caused by winter road sanding.

(1)

Regulation 9(3) of the Air Quality Limit Values (Wales) Regulations 2001 imposed a corresponding obligation to prepare a plan or programme for the attainment of the relevant limit values, in relation to these pollutants, by dates prior to the coming into force of these Regulations.

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