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 PM2.5 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 F1... 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 PM2.5 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.
[F2(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.]
[F3(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.
[F4(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
F1Words 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)
F2Reg. 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)
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 M1, 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
M1O.J. No. L 87, 25.3.04, p.50.
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.