The Air Quality Standards (Wales) Regulations 2010

Air quality plans

20.—(1) Where the level of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead or PM₁₀ in ambient air exceeds any of the limit values in Schedule 1 in any zone, or where the level of PM_2·5 in ambient air exceeds the relevant target value in Schedule 2 in any zone, then, subject to paragraph (2), the Welsh Ministers must draw up and implement an air quality plan to achieve the relevant limit value or target value in that zone.

(2) Where the Welsh Ministers have designated zones within which limit values for PM₁₀ are exceeded due to the re-suspension of particulates following winter sanding or salting, in accordance with Article 21 of Directive 2008/50/EC, the Welsh Ministers' duty under paragraph (1) applies to those zones only in so far as the exceedances of those limit values are attributable to PM₁₀ sources other than winter sanding or salting.

(3) Where the level of ozone in ambient air exceeds any of the target values for ozone in Schedule 2 in any zone, the Welsh Ministers must, if appropriate, draw up and implement an air quality plan to achieve the relevant target value unless the measures necessary to achieve that target value would entail disproportionate cost.

(4) An air quality plan under paragraph (1) or (3) must include measures intended to ensure compliance with any relevant limit value within the shortest possible time.

(5) If, at any time before 31 December 2014, the level of PM_2·5 in ambient air in any zone exceeds the level calculated by applying the margin of tolerance for that pollutant in Schedule 1 to the relevant limit value in that Schedule, the Welsh Ministers must draw up and implement an air quality plan to achieve that limit value in that zone.

(6) An air quality plan must include the information listed in Schedule 6.

(7) Wherever possible, an air quality plan must be consistent with other plans drawn up in accordance with obligations imposed under—

(a) Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants(1),

(b) Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants, and

(c) Directive 2002/49/EC of the European Parliament and of the Council on assessment and management of environmental noise(2).

(8) Where an air quality plan is required in relation to more than one pollutant in any zone, the Welsh Ministers must, where appropriate, draw up and implement an integrated plan for that zone in relation to all pollutants concerned.

(1)

OJ No L 309, 27.11.01, p. 1, last amended by Directive 2009/31/EC (OJ No L 140, 5.6.09, p. 114).

(2)

OJ No L 189, 18.7.02, p. 12, last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.08, p. 1).