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The Air Quality Standards (Scotland) Regulations 2010

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Duties in relation to target values

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18.—(1) The Scottish Ministers must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that concentrations of PM2.5, 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 Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control(1).

(5) In zones where the level of ozone exceeds the target value for that pollutant, the Scottish Ministers must implement the programme prepared pursuant to Article 6 of Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants(2) in order to attain the target value, unless it cannot be achieved other than through measures that would entail disproportionate costs.

(1)

O.J. No. L 24, 29.1.2008, p.8, amended by Directive 2009/31/EC (O.J. No. L 140, 5.6.2009, p.114).

(2)

O.J. No. L 309, 27.11.01, p.22, last amended by Regulation (EC) No. 219/2009 (O.J. No. L 87, 31.3.2009, p.109).

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