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The Air Quality Standards (Wales) Regulations 2007

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CHAPTER 2Attainment of air quality standards

General attainment measures

7.—(1) Subject to paragraphs (2) and (3), the National Assembly must take the necessary measures to ensure that, within each zone, concentrations of each pollutant attain the air quality standards required by regulation 6.

(2) The necessary measures in relation to Group B pollutants are—

(a)measures not entailing disproportionate costs; and

(b)insofar as concentrations of the relevant pollutants arise as a result of emissions from installations to which Council Directive 96/61/EC concerning integrated pollution prevention and control(1) applies, the application of best available techniques to prevent pollution from those installations in accordance with article 3(a) of that Directive(2).

(3) The necessary measures in relation to ozone are measures the National Assembly considers to be—

(a)in the case of both the target values and long-term objectives, proportionate; and

(b)in the case of a long-term objectives, cost-effective.

Improvement plans

8.—(1) This regulation applies in respect of each zone in which—

(a)prior to the attainment date, concentrations of benzene or nitrogen dioxide exceed a limit value plus the applicable margin of tolerance; or

(b)concentrations of ozone exceed a target value.

(2) Where paragraph (1)(a) applies, the National Assembly must prepare and implement an improvement plan in respect of the pollutant in question or, if the condition specified is met in relation to both pollutants, in respect of both those pollutants.

(3) Where paragraph (1)(b) applies, the National Assembly must prepare and implement an improvement plan in respect of ozone unless it considers that the target value would not be attainable through proportionate measures.

(4) An improvement plan must include the information specified in Schedule 2.

(5) Where an improvement plan is required to be prepared and implemented under both paragraphs (2) and (3), the National Assembly must, where it considers it appropriate, prepare and implement an integrated improvement plan covering all of the pollutants concerned.

(6) For the purposes of this regulation, an improvement plan may comprise either a plan or a programme which, in either case, must have the objective of attaining the limit or target value within the relevant zone by the attainment date for the pollutant in question.

Other improvement measures

9.—(1) This regulation applies in respect of each zone in which concentrations of—

(a)one or more Group B pollutants exceed the relevant target value; or

(b)ozone are equal to or below the target values, but exceed a long-term objective.

(2) Where paragraph (1)(a) applies, the National Assembly must—

(a)identify the cause of the pollution and the predominant sources of emissions; and

(b)in relation to the pollutants concerned, ensure that the measures required by regulation 7(2) are directed in particular at the sources of emissions identified.

(3) Where paragraph (1)(b) applies, the National Assembly must prepare and implement measures which it considers to be cost-effective with the aim of attaining the long-term objective.

(4) The National Assembly must ensure that the measures required in paragraph (3) are consistent with any improvement plan prepared for ozone under regulation 8(3).

(1)

OJ No L 257, 10.10.96, p.26.

(2)

The Directive is implemented by the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973 as amended by S.I. 2001/503, 2002/275, 2002/1702, 2003/1699, 2003/3296, 2004/3276, 2005/1448 and 2006/2802 (W.241)).

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