The Air Quality Standards (Scotland) Regulations 2010

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.

[F1 (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

F1 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 [F2 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 [F3 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

F2 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

F3 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.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 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)

F5 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.