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The Air Quality Standards (Scotland) Regulations 2010

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Air quality plansS

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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, in accordance with Article 21 of Directive 2008/50/EC, 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.

(7) Wherever possible, air quality plans must be consistent with other plans drawn up in accordance with obligations imposed under Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants F1, Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants, and Council Directive 2002/49/EC relating to the assessment and management of environmental noise F2.

[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.]

F1O.J. No. L 309 27.11.01, p.1, last amended by Directive 2009/31/EC (O.J. No. L 140, 5.6.2009, p.114).

F2O.J. No. L 189 18.7.02, p.12, amended by Regulation (EC) No. 1137/2008 (O.J. No. L 311, 21.11.2008, p.1).

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