The Air Quality (Amendment, etc.) Regulations (Northern Ireland) 2018

PART 3Amendment of subordinate legislation

Amendment of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000

3.  In regulation 2(1) (interpretation) of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000(1), after the definition of “the Directive”, insert—

““Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives(2), as last amended by Council Regulation (EU) 2017/997 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 ‘Ecotoxic’(3);”.

Amendment of the Air Quality Standards Regulations (Northern Ireland) 2010

4.—(1) The Air Quality Standards Regulations (Northern Ireland) 2010(4) 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.”.