The Air Quality Standards (Scotland) Regulations 2010

PART 1 S General

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Air Quality Standards (Scotland) Regulations 2010 and come into force on 11th June 2010.

(2) These Regulations extend to Scotland only.

Definitions S

2.  In these Regulations—

“ambient air” means outdoor air in the troposphere, excluding workplaces as defined by Council Directive 89/654/EEC M1 where provisions concerning health and safety at work apply and to which members of the public do not have regular access;

“AOT 40” (expressed in (μg/m³).hours) means the sum of the difference between hourly concentrations greater than 80 μg/m³ (= 40 parts per billion) and 80 μg/m³ over a given period using only the one-hour values measured between 0800 hours and 2000 hours Central European Time each day;

“arsenic”, “cadmium”, “nickel” and “benzo(a)pyrene” mean the total content of those elements and compounds within the PM₁₀ fraction present in ambient air;

[F1 “Directive 2004/107/EC” means Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air [F2 (but see regulation 2A)];]

[F3 “Directive 2008/50/EC” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe [F4 (but see regulation 2A)];]

“fixed measurements” means measurements taken at fixed locations, either continuously or by sampling from time to time, to determine levels of pollutants in accordance with the relevant data quality objectives;

“indicative measurements” means measurements which meet data quality objectives that are less strict than those required for fixed measurements;

“margin of tolerance” means the percentage of the limit value by which that value may be exceeded in a given year;

“oxides of nitrogen” means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m³);

“ozone precursor substances” means substances which contribute to the formation of ground level ozone;

“PM₁₀” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM₁₀, EN 12341: 1998 M2 , with a 50 per cent efficiency cut-off at 10 μm aerodynamic diameter;

“PM_2.5” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM_2.5, EN 14907: 2005c, with a 50 per cent efficiency cut-off at 2.5μm aerodynamic diameter;

“particulate matter” means PM_2.5 and PM₁₀;

“pollutant” means any of the following:—

(a)

sulphur dioxide;

(b)

nitrogen dioxide;

(c)

oxides of nitrogen;

(d)

particulate matter;

(e)

lead;

(f)

benzene;

(g)

carbon monoxide;

(h)

arsenic;

(i)

cadmium;

(j)

mercury;

(k)

nickel;

(l)

benzo(a)pyrene or other polycyclic aromatic hydrocarbons;

(m)

ozone;

“polycyclic aromatic hydrocarbons” means those organic compounds composed of at least two fused aromatic rings made entirely from carbon and hydrogen; and

“total gaseous mercury” means elemental mercury vapour (Hg⁰) and reactive gaseous mercury, being water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.

Textual Amendments

F1 Words in reg. 2 substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 3(a)

F2 Words in reg. 2 inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(2)(a)

F3 Words in reg. 2 substituted (31.12.2016) by The Air Quality Standards (Scotland) Amendment Regulations 2016 (S.S.I. 2016/376), regs. 1, 3(b)

F4 Words in reg. 2 inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(2)(b)

Marginal Citations

M1 O.J. No. L 393, 30.12.1989, p.1, amended by Directive 2007/30/EC (O.J. No. L 165, 27.6.2007, p.21).

M2 These standards are issued by the European Committee for Standardisation (CEN). Copies may be obtained from CEN at 36, Rue de Strassart B-1050, Brussels, Belgium, http://www.cenorm.be.

[F5 Interpretation S

2A.— (1) When interpreting Directive 2004/107/EC for the purposes of these Regulations—

(a) in Annex 2, in Section 2, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,

(b) in Annex 3, in Section 4, paragraph (b), for “BAT as defined by Article 2(11) of Directive 96/61/EC” there is substituted “best available techniques (as defined in regulation 4 of the Pollution Prevention and Control (Scotland) Regulations 2012)”,

(c) in Annex 4, in Section 1, the fourth and fifth paragraphs following the table are to be read as if for “Member States” in each place where the words occur, there were substituted “The Scottish Ministers”,

(d) Annex 5 is to be read as if—

(i) in Sections 1, 2 and 3, in the second paragraph of each —

(aa) for “A Member State” there were substituted “The Scottish Ministers”,

(bb) for “it” there were substituted “they”,

(ii) in Section 2, in the first paragraph, for “Member States are allowed to” there were substituted “the Scottish Ministers may”,

(iii) Section 5 were omitted.

(2) When interpreting Directive 2008/50/EC for the purposes of these Regulations—

(a) Article 3(f) is to be read as if for “other Member States” there were substituted “Member States”,

(b) in Annex 1, in section A, footnote (1) is to be read as if—

(i) for “Member States” there were substituted “the Scottish Ministers”,

(ii) the words “to the Commission” were omitted,

(c) in Annex 1, section C is to be read as if—

(i) in paragraph 1, for “appropriate competent authorities and bodies designated pursuant to Article 3” there were substituted “Scottish Ministers”,

(ii) in subparagraph (i)—

(aa) the words “pursuant to Articles 6 and 9” were omitted,

(bb) for “set out in the harmonised standard for testing and calibration laboratories” there were substituted “of the ISO/IEC standard 17025”,

(iii) in subparagraph (iii), the words from “and that institutions” to the end were omitted,

(iv) in subparagraph (iv)—

(aa) for the first sentence there were substituted “that the National Reference Laboratories are appointed by the Scottish Ministers and are accredited for the reference methods referred to in Annex 6, at least for those pollutants for which concentrations are above the lower assessment threshold, according to the ISO/IEC standard 17025”,

(bb) in the second sentence, the words from “for the coordination” to “be responsible” were omitted,

(cc) in the third sentence, for the words “relevant harmonised standard for proficiency testing” there were substituted “ISO/IEC standard 17043”,

(v) subparagraphs (v) and (vi) were omitted,

(vi) in paragraph 2, for “All reported data under Article 27” there were substituted “All data”,

(d) in Annex 2, in Section B, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,

(e) in Annex 3—

(i) in Section A, paragraph (2)(b) is to be read as if the words “in accordance with Article 2(1),” were omitted,

(ii) in Section B, paragraph 2 is to be read as if for “A Member State” there were substituted “The Scottish Ministers”,

(iii) Section D is to be read as if the last sentence were omitted,

(f) in Annex 5, in Section A, footnotes (1) and (2) to the table are to be read as if for “a Member State” in each place, there were substituted “the United Kingdom”,

(g) in Annex 6, Section B is to be read as if—

(i) in paragraph 1—

(aa) for “A Member State” there were substituted “The Scottish Ministers”,

(bb) for “it” there were substituted “they”,

(cc) for “Member State concerned” there were substituted “Scottish Ministers”,

(ii) paragraphs 2, 3 and 4 were omitted,

(h) in Annex 8, in Section A, the paragraph after the table is to be read as if after the words “in the Community” there were inserted “in so far as it forms part of [F6 assimilated] law”.]

Textual Amendments

F5 Reg. 2A inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(3)

F6 Word in reg. 2A(2)(h) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 19

Designation of competent authority S

3.  The Scottish Ministers are designated as the competent authority for the purposes of Directive 2008/50/EC (other than for the purpose specified in Article 3(f) of that Directive) and for the purposes of Directive 2004/107/EC.

Zones and agglomerations S

4.—(1) The Scottish Ministers must, for the purposes of these Regulations, divide the territory of Scotland into zones and agglomerations.

(2) A zone is classified as an agglomeration if it is a conurbation with a population in excess of 250,000 inhabitants.

(3) Unless the context otherwise requires, in these Regulations references to a zone includes a zone which has been classified as an agglomeration.

PART 2 S Assessment of ambient air quality

CHAPTER 1 S Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide

Assessment thresholds S

5.—(1) The Scottish Ministers must classify each zone according to whether or not the upper or lower assessment thresholds specified in Section A of Annex II to Directive 2008/50/EC are exceeded in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.

(2) The Scottish Ministers must review the classification of zones carried out in accordance with paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of sulphur dioxide, nitrogen dioxide or oxides of nitrogen, particulate matter, lead, benzene or carbon monoxide in ambient air.

(3) When reviewing the classification of zones in accordance with assessment thresholds, the Scottish Ministers must comply with Section B of Annex II to Directive 2008/50/EC.

Assessment criteria S

6.—(1) The Scottish Ministers must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones.

(2) In all zones where the level of any pollutant mentioned in paragraph (1) exceeds the upper assessment threshold for that pollutant referred to in regulation 5, fixed measurements must be used in relation to that pollutant, but may be supplemented by modelling or indicative measurements or both in order to provide adequate information on the spatial distribution of the ambient air quality.

(3) In all zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant referred to in regulation 5, modelling or estimation techniques or both may be used instead of fixed measurements in relation to that pollutant.

(4) In zones where the level of any pollutant mentioned in paragraph (1) is at or between the upper and lower assessment thresholds for that pollutant, a combination of fixed measurements together with modelling or indicative measurements or both may be used in relation to that pollutant.

(5) In addition to the measurements referred to in paragraphs (1) to (4), the Scottish Ministers must measure PM_2.5 at rural background locations away from significant sources of air pollution, in order to provide information on an annual average basis on the total mass concentration and chemical speciation concentrations of that pollutant.

(6) For the purposes of paragraphs (1) to (5), measurements must be carried out in accordance with the data quality objectives set out in Sections A and C of Annex I to Directive 2008/50/EC, and for the purposes of paragraph (5), measurements must also be carried out in accordance with the criteria set out in Annex IV to the same Directive.

(7) Save as provided for in paragraph (8), measurements for the purposes of this regulation must be taken in accordance with the reference measurement methods specified in Sections A and Section C of Annex VI to Directive 2008/50/EC.

(8) Alternative methods to those referred to in paragraph (7) may be used provided the conditions set out in Section B of that Annex are complied with.

(9) Where measurements are supplemented by modelling or indicative measurements the Scottish Ministers must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.

(10) In this regulation, “chemical speciation concentrations” means the concentrations of different chemical components or species of PM_2.5.

Location and number of sampling points S

7.—(1) The Scottish Ministers must install sampling points in accordance with Schedule 1 for the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.

(2) In zones where fixed measurements are the sole source of information for the assessment of air quality in relation to any pollutant mentioned in paragraph (1), the number of sampling points for that pollutant must be more than or equal to the minimum number specified in Section A of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with limit values and alert thresholds.

(3) In zones other than agglomerations where fixed measurement is the sole source of information for the assessment of air quality in relation to sulphur dioxide or oxides of nitrogen, the number of sampling points for that pollutant must be more than or equal to the minimum number specified in Section C of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with critical levels for the protection of vegetation.

(4) In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both—

(a) the number of sampling points specified in Section A of Annex V may be reduced by up to 50 per cent provided that the following conditions are met:—

(i) the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds;

(ii) the supplementary methods provide sufficient information to inform the public as to the state of ambient air quality; and

(iii) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria in Section B of that Annex; and

(b) the number of sampling points in Section C of Annex V to Directive 2008/50/EC may be reduced by up to 50 per cent provided that the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC.

(5) For the measurement of PM_2.5 in rural background locations, the Scottish Ministers must install a sampling point for every 100,000km².

CHAPTER 2 S Ozone

Assessment criteria S

8.—(1) The Scottish Ministers must assess the level of ozone in ambient air in all zones.

(2) The Scottish Ministers must ensure that fixed measurements are taken in any zone where concentrations of ozone have exceeded the long-term objectives specified in Schedule 4 during any of the five years preceding those measurements.

(3) For the purposes of paragraph (1), measurements must be carried out in accordance with the data quality objectives set out in Sections A and C of Annex I to Directive 2008/50/EC.

(4) Save as provided for in paragraph (5), for the purposes of paragraph (2), measurements must be taken in accordance with the reference measurement method specified in point 8 of Section A of Annex VI to Directive 2008/50/EC.

(5) Alternative methods to that referred to in paragraph (4) may be used provided the conditions set out in Section B of that Annex are complied with.

(6) Where fixed measurements are supplemented by modelling or indicative measurements the Scottish Ministers must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.

Location and number of sampling points S

9.—(1) The Scottish Ministers must install sampling points in accordance with the criteria set out in Annex VIII to Directive 2008/50/EC.

(2) In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Annex IX to Directive 2008/50/EC.

(3) In zones where concentrations of ozone have been below the long-term objectives for each of the previous five years of measurement, the number of sampling points must be determined in accordance with the criteria set out in Section B of Annex IX to Directive 2008/50/EC.

(4) In zones where the information from fixed measurements is supplemented by information from modelling or indicative measurements or both, the number of sampling points referred to in paragraph (2) may be reduced provided that the following conditions are met:—

(a) the supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives, information and alert thresholds;

(b) the number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the concentration of ozone to be established in accordance with the data quality objectives set out in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria specified in Section B of the same Annex;

(c) there is at least one sampling point in each zone, with a minimum of one sampling point per two million inhabitants or one sampling point per 50,000km², whichever produces the greater number of sampling points; and

(d) nitrogen dioxide is measured at all remaining sampling points except at rural background stations as referred to in Section A of Annex VIII to Directive 2008/50/EC.

(5) The Scottish Ministers must ensure that nitrogen dioxide is measured at no less than 50 per cent of the sampling points required under Section A of Annex IX to Directive 2008/50/EC.

(6) The measurement referred to in paragraph (5) must be continuous except at rural background stations.

(7) In choosing the location and number of sampling points for measurements of ozone precursor substances, the Scottish Ministers must take into account the objectives and methods set out in Annex X to Directive 2008/50/EC.

CHAPTER 3 S Arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons

Assessment thresholds S

10.—(1) The Scottish Ministers must classify each zone according to whether or not the upper and lower assessment thresholds specified in Section I of Annex II to Directive 2004/107/EC are exceeded in relation to arsenic, cadmium, nickel and benzo(a)pyrene.

(2) The Scottish Ministers must review the classification of zones carried out in accordance with paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of the pollutants referred to in paragraph (1) in ambient air.

(3) When considering the classification of zones in accordance with assessment thresholds, the Scottish Ministers must comply with Section II of Annex II to Directive 2004/107/EC.

Assessment criteria S

11.—(1) The Scottish Ministers must assess concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in all zones.

(2) In zones where the level of any pollutant mentioned in paragraph (1) is above the upper assessment threshold for that pollutant, fixed measurements must be used in relation to that pollutant but may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.

(3) In zones where the level of any pollutant mentioned in paragraph (1) is above the lower assessment threshold but below the upper assessment threshold for that pollutant, fixed measurements must be used in relation to that pollutant but may be supplemented by indicative measurements as referred to in Section I of Annex IV to Directive 2004/107/EC or modelling, or both, to assess the level of these pollutants in ambient air.

(4) In zones where the level of any pollutant mentioned in paragraph (1) is below the lower assessment threshold for that pollutant, modelling or objective estimation techniques may be used instead of measurement in relation to that pollutant.

Location and number of sampling points S

12.  The Scottish Ministers must determine the location and number of sampling points for the assessment of arsenic, cadmium, nickel and benzo(a)pyrene in accordance with Annex III to Directive 2004/107/EC.

Monitoring of polycyclic aromatic hydrocarbons S

13.—(1) The Scottish Ministers must monitor concentrations of other relevant polycyclic aromatic hydrocarbons in addition to benzo(a)pyrene as they think fit, including at least the following:—

(a) benzo(a)anthracene;

(b) benzo(b)fluoranthene;

(c) benzo(j)fluoranthene;

(d) benzo(k)fluoranthene;

(e) indeno(1,2,3-cd)pyrene; and

(f) dibenz(a,h)anthracene.

(2) Monitoring sites must be located together with sampling points for benzo(a)pyrene.

(3) Monitoring sites must be selected so that geographical variations and long term trends in the concentrations of polycyclic aromatic hydrocarbons can be identified.

(4) Monitoring sites must be selected in accordance with the criteria in Sections I to III of Annex III to Directive 2004/107/EC.

Background monitoring S

14.—(1) The Scottish Ministers must operate background sampling points to provide the indicative measurements of—

(a) concentrations of—

(i) arsenic, cadmium, nickel and benzo(a)pyrene;

(ii) the polycyclic aromatic hydrocarbons referred to in paragraph (1) of regulation 13;

(iii) total gaseous mercury.

(b) total depositions of—

(i) arsenic, cadmium, nickel and benzo(a)pyrene within the PM₁₀ fraction;

(ii) the polycyclic aromatic hydrocarbons referred to in paragraph (1) of regulation 13;

(iii) mercury.

(2) For the purposes of paragraph (1) the Scottish Ministers must ensure that—

(a) at least one sampling point is installed for every 100,000 km² ; and

(b) each sampling point is located in accordance with Sections I to III of Annex III to Directive 2004/107/EC.

Data quality objectives S

15.  When assessing levels of arsenic, cadmium, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons and total gaseous mercury, the Scottish Ministers must apply the data quality objectives and other standards contained in Annex IV to Directive 2004/107/EC.

Reference methods for sampling and analysis S

16.  Measurements of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons in ambient air and deposition of those pollutants must be made in accordance with the reference methods set out in Annex V to Directive 2004/107/EC.

PART 3 S Duties of the Scottish Ministers in relation to limit values etc.

Duties in relation to limit values S

17.—(1) The Scottish Ministers must ensure that levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and particulate matter do not exceed the limit values set out in Schedule 2.

(2) In zones where levels of the pollutants mentioned in paragraph (1) are below the limit values set out in Schedule 2, the Scottish Ministers must ensure that levels are maintained below those limit values and must endeavour to maintain the best ambient air quality compatible with sustainable development.

[F7 (3) Where the Scottish Ministers consider that a limit value set out in Schedule 2 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) Where the Scottish Ministers consider that a limit value has been exceeded for a reason attributable to natural sources in accordance with paragraph (3), the Scottish Ministers must publish information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.]

Textual Amendments

F7 Reg. 17(3)(4) substituted for reg. 17(3) (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(4)

Duties in relation to target values S

18.—(1) The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that concentrations of PM_2.5, ozone, arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values in Schedule 3.

(2) The Scottish Ministers must draw up a list of all zones where the target values for arsenic, cadmium, nickel or benzo(a)pyrene are met, and in relation to those zones must maintain the levels of those pollutants below those target values and must endeavour to achieve the best ambient air quality compatible with sustainable development.

(3) The Scottish Ministers must draw up a list of all zones in which the target values for arsenic, cadmium, nickel or benzo(a)pyrene are exceeded, and in doing so must identify the areas where those values are exceeded and the relevant sources of pollutants.

(4) In relation to the zones to which paragraph (3) applies, the measures referred to in paragraph (1) must be directed in particular at the predominant sources of emission which have been identified, and where applicable must entail the application of best available techniques in accordance with [F8 the Pollution Prevention and Control (Scotland) Regulations 2012].

(5) In zones where the level of ozone exceeds the target value for that pollutant, the Scottish Ministers must implement the [F9 national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018] in order to attain the target value, unless it cannot be achieved other than through measures that would entail disproportionate costs.

Textual Amendments

F8 Words in reg. 18(4) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 2

F9 Words in reg. 18(5) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(5)

Date of application for limit values and target values in regulations 17 and 18 S

19.—(1) The limit values and target values referred to in regulations 17 and 18 apply—

(a) from the date specified in the relevant Schedule for each limit value or target value concerned; or

(b) when these Regulations come into force, if no such date is specified.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 19(2) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(6)

F11 Reg. 19(3) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(6)

Duties in relation to long-term objectives for ozone S

20.—(1) The Scottish 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 4.

(2) Measures taken pursuant to paragraph (1) must be consistent with the programme referred to in regulation 18(5) and any air quality plan prepared and implemented in accordance with regulation 24(3).

(3) In zones where the long-term objectives for ozone have been attained, the Scottish 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 S

21.  Where any of the information or alert thresholds in Schedule 5 are exceeded the Scottish Ministers must inform the public by means of radio, television, newspapers or the internet.

Duty in relation to critical levels for the protection of vegetation S

22.  The Scottish Ministers must ensure that the critical levels set out in Schedule 6 are not exceeded.

PART 4 S

National Exposure Reduction for PM_2.5 S

Duty to limit exposure to PM_2.5 S

23.—(1) The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken in relation to Scotland with a view to attaining the national exposure reduction target by 2020.

(2) The Scottish Ministers must base assessment of compliance with paragraph (1) on a comparison of the average exposure indicator for 2020 with that for 2010.

(3) The Scottish Ministers must ensure that all appropriate measures are taken in relation to Scotland with a view to ensuring that the average exposure indicator for 2015 does not exceed 20µg/m³.

(4) In this regulation—

(a) “national exposure reduction target” means the target established by the Secretary of State in accordance with regulation 24 of the Air Quality Standards Regulations 2010 M3 ; and

(b) references to an average exposure indicator for a certain year are references to the indicator for that year calculated by the Secretary of State in accordance with regulation 23 of those Regulations.

Marginal Citations

M3 S.I. 2010/1001.

PART 5 S Plans

Air quality plans S

24.—(1) Where in any zone the levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead or PM₁₀ in ambient air exceed any of the limit values in Schedule 2 or the level of PM_2.5 exceeds the target value in Schedule 3, the Scottish Ministers must draw up and implement an air quality plan for that zone so as to achieve that limit value or target value.

(2) Where F12 ... the Scottish Ministers have 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 Scottish Ministers' duty under paragraph (1) applies to those zones only in so far as the excess is attributable to other sources of PM₁₀.

(3) In zones where the level of ozone exceeds the target value for that pollutant in Schedule 3, the Scottish Ministers must draw up and implement an air quality plan to achieve the relevant target value, unless it cannot be achieved other than through measures that would entail disproportionate costs.

(4) Between the date when these Regulations come into force and 31st December 2014, the Scottish Ministers must draw up and implement an air quality plan if levels of PM_2.5 in ambient air exceed a level calculated by applying the margin of tolerance set out in Schedule 2 to the limit value for that pollutant.

(5) Air quality plans must set out the measures intended to ensure compliance with the relevant limit value or target value within the shortest possible time.

(6) Air quality plans must include the information listed in Schedule 7.

[F13 (7) Wherever possible, air quality plans must be consistent with—

(a) a national air pollution control programme drawn up in accordance with regulation 9 of the National Emission Ceilings Regulations 2018,

(b) an action plan drawn up in accordance with Part 3 of the Environmental Noise (Scotland) Regulations 2006.]

[F14 (7A) An air quality plan must assess the need to apply lower emission limit values for individual medium combustion plants than those set out in Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 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 Scottish Ministers, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.

(7B) In considering whether to impose lower emission limit values, the Scottish Ministers must take into account the results of the information exchange referred to in Article 6(10) of the Medium Combustion Plant Directive.]

(8) Where an air quality plan is required in relation to more than one pollutant, the Scottish Ministers must, where appropriate, draw up and implement an integrated plan in relation to all pollutants concerned.

[F15 (9) In this regulation “emission limit values” and “medium combustion plants” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.]

Textual Amendments

F12 Words in reg. 24(2) omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(7)(a)

F13 Reg. 24(7) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(7)(b)

F14 Reg. 24(7A)(7B) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 17(2)(a)

F15 Reg. 24(9) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 17(2)(b)

Short-term action plans S

25.—(1) Where, in any zone, there is a risk that levels of sulphur dioxide or nitrogen dioxide will exceed the alert thresholds set out in Schedule 5, the Scottish Ministers must draw up and implement a short-term action plan.

(2) A short-term action plan must set out the measures intended to reduce the risk of alert thresholds being exceeded, or in the event of the levels being exceeded, to reduce the duration of such an incident.

(3) Where, in any zone, levels of ozone exceed the alert threshold set out in Schedule 5 or there is a risk that they will exceed that threshold, the Scottish Ministers must draw up and implement a short-term action plan taking into account Decision 2004/279/EC M4 , if of the opinion that it is reasonably likely that the risk of, or severity or duration of, the excess level of ozone can be reduced taking into account geographical, meteorological and economic conditions.

(4) For the purposes of paragraph (3), levels must have exceeded, or be predicted to exceed, the alert threshold for at least three consecutive hours.

(5) Short-term action plans may also be drawn up where there is a risk that any of the limit values or target values set out in Schedules 2 or 3 will be exceeded.

Marginal Citations

M4 O.J. No. L 87, 25.3.04, p.50.

Public participation in drawing up air quality and short-term action plans S

26.—(1) The Scottish Ministers must consult the public where they propose to prepare, modify or review an air quality plan or a short-term action plan.

(2) Where paragraph (1) applies, the Scottish Ministers must—

(a) inform the public as to the proposal, any relevant background information and the right of the public to participate in the drawing up of the plan;

(b) specify the means by which the public can participate in the consultation with regard to the drawing up of the plan, including an address for responses, and a reasonable timescale for the consultation;

(c) take account of the results of the consultation in drawing up the plan.

(3) When the plan is published, the Scottish Ministers must also provide information to the public as to the reasons for the contents of the plan together with information about the public participation process that has been carried out.

PART 6 S Public information

Public information S

27.—(1) The Scottish Ministers must make the following available to the public and appropriate interested organisations:—

(a) up-to-date information given on at least a daily basis, and if possible on an hourly basis, on concentrations of sulphur dioxide, nitrogen dioxide, PM₁₀ (and if possible, PM_2.5), ozone and carbon monoxide;

(b) up-to-date information on concentrations of benzene and lead, presented as an average over the last 12 months, and updated every three months or if possible every month;

(c) up-to-date information as to any amendment to the attainment dates for limit values for nitrogen dioxide or PM₁₀;

(d) up-to-date information on concentrations and deposition rates of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons;

(e) information about cases where target values for arsenic, cadmium, nickel and benzo(a)pyrene are exceeded, together with reasons for such cases, the area concerned, and appropriate information regarding effects on health and the environment;

(f) information on measures taken to achieve target values for arsenic, cadmium, nickel and benzo(a)pyrene;

(g) information about actual or predicted instances where pollutants exceed alert or information thresholds;

(h) air quality plans;

(i) short-term action plans.

(2) The information in paragraph (1)(g) must be made available in accordance with Schedule 8.

(3) Information must be distributed free of charge in a clear and comprehensible manner via any easily accessible media including the internet or other appropriate means of telecommunication taking into account the requirements of [F16 the INSPIRE (Scotland) Regulations 2009].

(4) For the purposes of this regulation, “interested organisations” includes environmental organisations, consumer organisations, organisations representing sensitive populations, relevant healthcare bodies and industrial federations.

Textual Amendments

F16 Words in reg. 27(3) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(8)

Annual reports S

28.—(1) The Scottish Ministers must publish annual reports for all the pollutants.

(2) Annual reports must contain the following information:—

(a) details of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Schedules 2 to 5 for the relevant averaging periods; and

(b) a summary assessment of the effects of the cases referred to in sub-paragraph (a).

(3) Annual reports may contain further information where appropriate, including assessments on forest protection and information as to ozone precursor substances listed in section B of Annex X to Directive 2008/50/EC as the Scottish Ministers think appropriate.

PART 7 S Revocation

Revocation S

29.  The Air Quality Standards (Scotland) Regulations 2007 M5 are revoked.

Marginal Citations

M5 S.S.I. 2007/182.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh