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The Air Quality Standards (Wales) Regulations 2010

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This is the original version (as it was originally made).

Duty in relation to target values

14.—(1) The Welsh Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that levels of PM2·5, ozone, arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values in Schedule 2 in any zone.

(2) The Welsh Ministers must draw up a list of all zones where the levels of arsenic, cadmium, nickel or benzo(a)pyrene are below the target values set out in Schedule 2 for those pollutants.

(3) In relation to zones listed under paragraph (2), the Welsh Ministers must ensure that the level of any pollutant that is below its target value is maintained below that target value and must endeavour to maintain the best ambient air quality compatible with sustainable development.

(4) The Welsh Ministers must draw up a list of all zones where the target values for arsenic, cadmium, nickel or benzo(a)pyrene are exceeded.

(5) In relation to zones listed under paragraph (4), the Welsh Ministers must—

(a)identify the areas where the target values are exceeded and the sources contributing to those exceedances; and

(b)ensure that the measures taken in accordance with paragraph (1) are directed at the predominant sources of emission which have been identified and that those measures apply, where relevant, the best available techniques in accordance with Directive 2008/1/EC(1).

(6) In zones where the level of ozone exceeds the target value set out in Schedule 2 for that pollutant, the Welsh Ministers must ensure that the programme prepared pursuant to Article 6 of Directive 2001/81/EC is implemented to attain the target value, unless this value cannot be achieved other than through measures that would entail disproportionate costs.

(7) In this regulation—

  • “Directive 2001/81/EC” (“Cyfarwyddeb 2001/81/EC”) means Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants(2); and

  • “Directive 2008/1/EC” (“Cyfarwyddeb 2008/1/EC”) means Directive 2008/1/EC of the European Parliament and of the Council on integrated pollution prevention and control.

(1)

OJ No L 24, 24.1.08, p. 8, amended by Directive 2009/31/EC (OJ No L 140, 5.6.09, p. 114).

(2)

OJ No L 309, 27.11.09, p. 22, last amended by Regulation (EC) No 219/2009 (OJ No L 87, 31.3.09, p. 109).

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