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The Air Quality Limit Values (Scotland) Regulations 2003

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Classification of zones

7.—(1) The Scottish Ministers shall, in accordance with paragraphs (3), (4) and (7), classify each zone in relation to each of the relevant pollutants according to whether ambient air quality in that zone for that pollutant is required to be assessed by–

(a)measurements;

(b)a combination of measurements and modelling techniques; or

(c)by the sole use of modelling or objective estimation techniques.

(2) The Scottish Ministers shall, in accordance with paragraphs (5) and (6), classify each zone in relation to ozone according to whether ambient air quality for ozone is required to be assessed by –

(a)fixed continuous measurement; or

(b)a combination of measurement campaigns of short duration and results from emission inventories and modelling.

(3) Measurements must be used to assess ambient air quality in relation to a relevant pollutant in a zone if–

(a)the zone is an agglomeration;

(b)the levels of that pollutant in the zone are between the relevant limit values and upper assessment thresholds; or

(c)the levels of that pollutant in the zone exceed the limit values for that pollutant.

(4) A combination of measurements and modelling techniques may be used to assess ambient air quality in any zone in relation to a relevant pollutant where the levels of that pollutant over a representative period are below the relevant upper assessment thresholds.

(5) Where during any of the previous five years of measurement, concentrations of ozone in any zone have exceeded a long term objective, fixed continuous measurement must be used to assess ambient air quality in relation to ozone.

(6) Where fewer than five years' data are available to determine exceedances, a combination of measurement campaigns of short duration and results from emissions inventories and modelling may be used to assess ambient air quality in relation to ozone in a zone.

(7) Where the levels of a relevant pollutant in any zone over a representative period are below the relevant lower assessment threshold, the sole use of modelling or objective estimation techniques for assessing levels of that pollutant is permissible unless–

(a)the zone is an agglomeration; and

(b)the pollutant being assessed is sulphur dioxide or nitrogen dioxide.

(8) The upper and lower assessment thresholds for the relevant pollutants are set out in Part I of Schedule 3.

(9) Where a zone is classified in relation to a pollutant under paragraph (1)(a), modelling techniques may be used for supplementing the measurements taken in order to provide an adequate level of information on ambient air quality in relation to a relevant pollutant in that zone.

(10) The classification of zones required by paragraph (1) shall include any zones which may be classified by the Scottish Ministers as exceeding limit values for–

(a)sulphur dioxide owing to concentrations of sulphur dioxide in ambient air due to natural sources;

(b)PM10 owing to concentrations of PM10 in ambient air due to–

(i)natural events which result in concentrations significantly in excess of normal background levels from natural sources; or

(ii)the resuspension of particulates following the winter sanding of roads.

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