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The Air Quality Limit Values (Scotland) Regulations 2003

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This is the original version (as it was originally made).

Method of assessment of ambient air quality

9.—(1) The Scottish Ministers shall ensure that ambient air quality is assessed in each zone by following the appropriate method for each relevant pollutant and for ozone in accordance with its current classification.

(2) Where a zone is classified under regulation 7(1)(a) or (b) in relation to a relevant pollutant–

(a)measurements of that pollutant must be taken at fixed sites either continuously or by random sampling; and

(b)the number of measurements must be sufficiently large to enable the levels of that pollutant to be properly determined.

(3) Schedule 4 shall have effect for the purposes of determining the location of sampling points for the relevant pollutants.

(4) For each zone classified under regulation 7(1)(a) in relation to a relevant pollutant, the Scottish Ministers shall ensure that the minimum number of sampling points for fixed measurements of concentrations determined in accordance with Schedule 5 is used for sampling the concentrations of that pollutant in that zone.

(5) For each zone classified under regulation 7(1)(b) in relation to a relevant pollutant, the Scottish Ministers shall ensure that the number of sampling points for fixed measurement of that pollutant in that zone, and the spatial resolution of other techniques, shall be sufficient for the concentrations of that pollutant to be established in accordance with Part I of Schedule 4 and Part I of Schedule 7.

(6) For each zone classified under regulation 7(2)(a) in relation to ozone, the Scottish Ministers shall ensure that the minimum number of fixed sampling points determined in accordance with Part III of Schedule 5 is used for sampling the concentrations of ozone in that zone.

(7) For zones to which paragraph (6) applies, the Scottish Ministers shall ensure that measurements of nitrogen dioxide are made at a minimum of 50 per cent of the ozone sampling points required by Part III of Schedule 5.

(8) The measurements of nitrogen dioxide required by paragraph (7) shall be continuous, except at rural background stations, where other measurement methods may be used.

(9) For zones within which information from sampling points for fixed measurement is supplemented by information from modelling or indicative measurement, the number of fixed sampling points required by Part III of Schedule 5 may be reduced:

Provided that–

(a)the modelling techniques adopted pursuant to regulation 7(9) provide an adequate level of information for the assessment of air quality with regard to target values, information and alert thresholds;

(b)the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established in accordance with the data quality objectives specified in Part III of Schedule 7 and lead to assessment results as specified in Part IV of Schedule 7;

(c)the number of sampling points in each zone amounts to at least one sampling point per two million inhabitants, or one sampling point per 50,000 km2, whichever produces the greater number of sampling points;

(d)each zone contains at least one sampling point; and

(e)nitrogen dioxide is measured at all remaining sampling points except rural background stations.

(10) The results of modelling and indicative measurements carried out in zones to which paragraph (9) applies shall be taken into account for the assessment of air quality with respect to target values.

(11) For zones where five years of measurement have been carried out and, during each of the previous five years of measurement, concentrations are below the long-term objectives, the number of continuous measurement stations shall be determined in accordance with Part IV of Schedule 5.

(12) Part II of Schedule 4 shall have effect for determining the classification and location of sampling points for the measurement of ozone.

(13) Reference methods for–

(a)the analysis of sulphur dioxide, nitrogen dioxide and oxides of nitrogen;

(b)the sampling and analysis of lead;

(c)the sampling and measurement of PM10;

(d)the sampling and analysis of benzene;

(e)the analysis of carbon MONOXIDE; and

(f)the analysis of ozone and the calibration of ozone instruments,

set out in Schedule 8 must be used unless other methods are used which the Scottish Ministers consider can be demonstrated to give equivalent results.

(14) The Scottish Ministers shall ensure that–

(a)measuring stations to supply representative data on concentrations of PM2.5 are installed if necessary and are operated using methods for the sampling and measurement of PM2.5 that they consider suitable; and

(b)sampling points for PM2.5 are, where possible, co-located with sampling points for PM10.

(15) For ozone precursor substances, the Scottish Ministers shall ensure that–

(a)at least one measuring station to supply data on concentrations of the ozone precursor substances listed in Schedule 6 is installed if necessary and is operated; and

(b)in choosing the number and siting of measuring stations for ozone precursor substances, account shall be taken of the provisions of Schedule 6.

(16) For zones which are classified under regulation 7(1)(b) or (c), the Scottish Ministers shall ensure that the information set out in Part II of Schedule 7 is compiled.

(17) For sulphur dioxide, nitrogen dioxide, oxides of nitrogen, benzene, carbon MONOXIDE and ozone measurements of volume must be standardised at a temperature of 293K and a pressure of 101,3 kPa.

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