25.—(1) Where the levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and PM10 in ambient air exceed any of the limit values in Schedule 2 or the level of PM2.5 exceeds the target value in Schedule 3, the Department, after consultation with other Northern Ireland departments, shall draw up and implement an air quality plan so as to achieve that limit value or target value.
(2) The air quality plan shall include measures intended to ensure compliance with any relevant limit value within the shortest possible time.
(3) Between the date when these Regulations come into operation and 31st December 2014, the Department, after consultation with other Northern Ireland departments, shall draw up and implement an air quality plan if levels of PM2.5 in ambient air exceed a level calculated by applying the margin of tolerance set out in Schedule 2 to the limit value.
(4) Air quality plans shall include the information listed in Schedule 7.
(5) Wherever possible, air quality plans shall be consistent with other plans drawn up in accordance with obligations imposed under the Directive on the limitation of emissions of certain pollutants into the air from large combustion plants(1), Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants(2) [F1as last amended by Directive (EU) 2016/2284] and Council Directive 2002/49/EC on assessment and management of environmental noise(3) [F1as last amended by Commission Directive (EU) 2015/996].
[F2(5A) The air quality plan must assess the need to apply lower emission limit values for individual medium combustion plants than those set out in Directive 2015/2193/EU of the European Parliament and of the Council of 25th November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (“the Medium Combustion Plant Directive”) provided that, in the opinion of the Department, applying such emission limit values would effectively contribute to a noticeable improvement to air quality.
(5B) In considering whether to impose lower emission limit values, the Department must take into account the results of the information exchange referred to in Article 6(10) of the Medium Combustion Plant Directive.]
(6) Where an air quality plan is required in relation to more than one pollutant, the Department, after consultation with other Northern Ireland departments, shall, where appropriate, draw up and implement an integrated plan in relation to all pollutants concerned.
(7) Where the level of ozone in a zone exceeds the target value in Schedule 3, the Department, after consultation with other Northern Ireland departments, shall draw up and implement an air quality plan unless the measures necessary to achieve the target value would entail disproportionate cost.
[F3(8) In this regulation “emission limit values” and “medium combustion plants” have the meanings given in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.]
Textual Amendments
F1Words in reg. 25(5) inserted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 3 para. 7
F2Reg. 25(5A)(5B) inserted (20.3.2018) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/33), regs. 1, 8(2)(a)
F3Reg. 25(8) inserted (20.3.2018) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/33), regs. 1, 8(2)(b)
Commencement Information
I1Reg. 25 in operation at 11.6.2010, see reg. 1
OJ No L 309, 27.11.01, p.1, last amended by Directive 2009/31/EC (OJ No L 140, 5.6.2009, p.114)
OJ No L 309, 27.11.01, p.22, last amended by Regulation (EC) No 219/2009 (OJ No L 87, 31.3.2009, p.109)
OJ No L 189, 18.7.02, p.12, last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p.1)