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4.—(1) The Air Quality Standards Regulations (Northern Ireland) 2010(1) are amended as follows.
(2) After regulation 18(2) (duty in relation to limit values), insert—
“(3) Where, in accordance with Article 20 of the Directive, the Department considers that a limit value has been exceeded for a reason attributable to natural sources, that limit value will not be considered to be exceeded for the purposes of these Regulations.
(4) For the purposes of paragraph (3), the Department must prepare information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.”.
(3) After regulation 25(1) (air quality plans), insert—
“(1A) Where, in accordance with Article 21 of the Directive, the Department 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 Department’s duty under paragraph (1) applies to those zones only in so far as the excess is attributable to other sources of PM10.
(1B) For the purposes of paragraph (1A), the Department must prepare the necessary evidence to demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower the concentrations.”.
S.R. 2010 No. 188, as amended by S.R. 2017 No. 2 and S.R. 2018 No. 33
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