PART 3 Duties of Welsh Ministers in relation to limit values etc.
Duty in relation to limit values13
1
Subject to paragraph (2), the Welsh Ministers must ensure that levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead, PM10 and PM2·5 do not exceed the limit values set out in Schedule 1 in any zone.
2
Where the date for achieving the limit values for nitrogen dioxide is postponed in any zone in accordance with regulation 15(2), the Welsh Ministers must ensure that the level of nitrogen dioxide in that zone does not exceed the limit value for that pollutant set out in Schedule 1 by more than 50%.
3
In zones where the level of any pollutant mentioned in paragraph (1) is below the limit value set out in Schedule 1 for that pollutant, the Welsh Ministers must ensure that the level of that pollutant is maintained below that limit value and must endeavour to maintain the best ambient air quality compatible with sustainable development.
F14
Where the Welsh Ministers consider 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.
5
Where the Welsh Ministers consider that a limit value has been exceeded for a reason attributable to natural sources in accordance with paragraph (4), the Welsh Ministers must publish information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.
Duty in relation to target values14
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 F2the Environmental Permitting (England and Wales) Regulations 2016.
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 F4regulation 9 of the National Emission Ceilings Regulations 2018 is implemented to attain the target value, unless this value cannot be achieved other than through measures that would entail disproportionate costs.
F37
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Date of application for limit values and target values15
1
Subject to paragraph (2), limit values and target values apply—
a
from the date specified for each limit value or target value concerned in Schedules 1 or 2, or
b
when these Regulations come into force, if no date is specified in those Schedules.
F52
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Duty in relation to long-term objectives for ozone16
1
The Welsh Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to attain the long-term objectives for ozone set out in Schedule 3 in each zone.
2
Measures taken pursuant to paragraph (1) must be consistent with the programme referred to in paragraph (6) of regulation 14 and the air quality plans prepared in accordance with regulation 20.
3
In zones where the long-term objectives for ozone have been attained, the Welsh Ministers must, insofar as factors including meteorological conditions and the transboundary nature of ozone pollution permit—
a
ensure that they continue to be met,
b
maintain the best ambient air quality compatible with sustainable development, and
c
maintain a high level of protection for the environment and human health.
Duty in relation to information and alert thresholds for the protection of human health17
Where any of the information or alert thresholds set out in Schedule 4 are exceeded in any zone, the Welsh Ministers must inform the public by means of radio, television, newspapers or the internet.
Duty in relation to critical levels for the protection of vegetation18
The Welsh Ministers must ensure that the critical levels set out in Schedule 5 are not exceeded in any zone.