Ordinance on Air Pollution Control (OAPC) (OAPC)

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In The Matter OfOrdinance on Air Pollution Control (OAPC) (OAPC)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Determination and Assessment

Art. 27 Determination of ambient air pollution levels

1 The cantons shall monitor the air pollution situation and trends in their territory; in particular, they shall determine ambient air pollution levels. 2 To this end, they shall carry out surveys, measurements and dispersion modelling. The FOEN shall recommend suitable methods.

Art. 28 Ambient air pollution forecast

1 Before a stationary installation or transport infrastructure expected to be a significant source of emissions is constructed or retrofitted, the authorities may request the owner to provide an ambient air pollution forecast. 2 The forecast must indicate what type, extent and frequency of ambient air pollution levels are to be expected in what areas. 3 The forecast shall include details of the type and level of emissions, as well as the dispersion conditions and the calculation methods used.

Art. 29 Monitoring in relation to individual installations

The owner of an installation which is a significant source of emissions may be requested by the authorities to monitor ambient air pollution levels by carrying out measurements in the area concerned.

Art. 30 Assessment of ambient air pollution levels

The authorities shall assess whether the ambient air pollution levels measured are excessive (Article 2 paragraph 5).

Section 2 Measures to Control Excessive Ambient Ai

Art. 31 Preparation of an action plan

The authorities shall draw up an action plan in accordance with Article 44a of the Act if it has been established or is to be expected that, in spite of the preventive limiting of emissions, excessive ambient air pollution levels are caused by: a. an item of transport infrastructure; b. a number of stationary installations.

Art. 31 — Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998 223).

Art. 32 Content of the action plan

1 The action plan shall indicate: a. the sources of emissions which are responsible for causing excessive ambient air pollution levels; b. the significance of individual sources of emissions for the total pollution load; c. measures for reducing and eliminating excessive ambient air pollution levels; d. the effects of the various measures; e. the legal framework existing or yet to be established for the various measures; f. time limits for the ordering and implementation of the measures; g. the authorities responsible for enforcement of the measures. 2 Measures under paragraph 1 letter c are: a. for stationary installations: shorter time limits for retrofitting or additional or stricter emission limits; b. for transport infrastructure: structural, operational, traffic management or traffic restriction measures.

Art. 32 — Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998 223).

Art. 33 Putting the action plan into effect

1 The measures contained in the action plan are generally to be put into effect within five years. 2 As a matter of priority, the authorities shall order measures for installations that account for more than 10 % of the total pollution load. 3 The cantons shall regularly review the effectiveness of the measures and shall amend the action plans if necessary. They shall inform the public accordingly.

Art. 33 — Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998 223).

Art. 34 Applications from the cantons

1 If a cantonal action plan provides for measures which fall within the responsibility of the Confederation, the canton shall submit the plan to the Federal Council and make the relevant applications. 2 If the action plan requires the cooperation of another canton, the authorities shall submit the plan to the canton in question and make the relevant applications. If necessary, the Federal Council shall coordinate the action plans of the cantons.