Statutory Instruments of the Scottish Parliament

"action plan" means an action plan required by regulation 11;

"additional polycyclic aromatic hydrocarbons" means those organic compounds, other than benzo(a)pyrene and basic polycyclic aromatic hydrocarbons, which are composed of at least two fused aromatic rings made entirely from carbon and hydrogen;

"agglomeration" has the meaning given in regulation 5(2);

"air quality standards" means limit values, target values, and long-term objectives;

"alert threshold" means an alert threshold set out in Schedule 3;

"ambient air" means outdoor air in the troposphere, excluding work places;

"assessment" (unless the context indicates otherwise) means any method used to measure, monitor, calculate, predict or estimate the concentration of a pollutant;

"attainment date" means the date (or in the case of ozone, year) specified for the relevant air quality standard in Schedule 1;

"basic polycyclic aromatic hydrocarbons" means–

(a) benzo(a)anthracene;

(b) benzo(b)fluoranthene;

(c) benzo(j)fluoranthene;

(d) benzo(k)fluoranthene;

(e) dibenz(a,h)anthracene; and

(f) indeno (1,2,3 cd)pyrene;

"combined measurement" means an assessment of a Group A or Group B pollutant by means of a combination of fixed measurement and modelling techniques;

"concentration" means–

(a) for pollutants other than Group B pollutants, the concentration of the relevant pollutant in ambient air; or

(b) for Group B pollutants, the total content of the relevant pollutant in the PM₁₀ fraction in ambient air,

and, in both cases, a reference to a concentration is to a concentration assessed by the Scottish Ministers in accordance with these Regulations;

"fixed measurement" means measurement in accordance with regulation 14(1) for a Group A or Group B pollutant or regulation 14(3) for ozone;

"Group A pollutants" means benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, PM₁₀ and sulphur dioxide;

"Group B pollutants" means arsenic, benzo(a)pyrene, cadmium and nickel and their compounds;

"improvement plan" means an improvement plan required by regulation 8;

"information threshold" means the information threshold set out in Part 2 of Schedule 3;

"limit value" means a maximum permitted concentration of a Group A pollutant set out in Part 1 of Schedule 1;

"long term objective" means a maximum concentration of ozone set out in Part 4 of Schedule 1 which is to be achieved in the long term;

"lower assessment threshold" means the lower assessment threshold specified for the relevant pollutant in Parts 1 and 2 of Schedule 4;

"margin of tolerance" means an amount specified in Part 2 of Schedule 1 by which a limit value may be exceeded;

"oxides of nitrogen" means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;

"ozone precursor substances" means substances which contribute to the formation of ground level ozone;

"PM_2.5" means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5µm aerodynamic diameter;

(a) Group A pollutants;

(b) Group B pollutants; and

(c) ozone.

    (2) The Scottish Ministers shall ensure that all measures taken under Chapters 2 or 3 of this Part–

(a) take into account an integrated approach to the protection of air, water and soil; and

(b) have no significant negative effect on the environment in–


(i) any other member State; or

(ii) any other part of the United Kingdom.

(a) concentrations of one or more Group A pollutants are below the relevant limit values;

(b) concentrations of one or more Group B pollutants are below the relevant target values; or

(c) concentrations of ozone meet the long-term objectives.

    (2) Where sub-paragraphs (a) or (b) of paragraph (1) apply, the Scottish Ministers shall, in respect of each pollutant meeting the conditions set out in those sub paragraphs–

(a) maintain compliance with the relevant limit values or target values; and

(b) endeavour to maintain the lowest concentration which they consider to be compatible with sustainable development.

    (3) Where paragraph (1)(c) applies, the Scottish Ministers shall–

(a) in so far as the transboundary nature of ozone pollution, meteorological conditions and any other similar factors permit, ensure that concentrations are kept at or below the long-term objectives; and

(b) maintain through proportionate measures the lowest concentrations of ozone which they consider to be compatible with sustainable development and a high level of protection for the environment and human health.

(a) the assessment takes place within an agglomeration; or

(b) in any other zone, representative concentrations of that pollutant exceed the relevant upper assessment threshold.

(a) determine the number of measuring stations they consider necessary;

(b) locate each measuring station–


(i) together with a sampling point established for PM₁₀, where this is possible; or

(ii) in any other case, in accordance with the principles set out in Parts 1, 4 and 5 of Schedule 6 which are relevant to PM₁₀;



(c) use reference methods for sampling and measurement that they consider suitable; and

(d) have regard to the data quality objectives set out in Part 1 of Schedule 8.

(a) ensure that up-to-date information is made available to the public in accordance with this Part; and

(b) consult the public in accordance with regulation 28.

    (2) The Scottish Ministers shall ensure that the information to which this Part relates is–

(a) made available in a form that is clear, comprehensible and accessible;

(b) disseminated or published by the most appropriate means, as they may determine, including (but not necessarily limited to) broadcast media, press, publications, information screens, the internet or other computer network sources; and

(c) up-dated–


(i) in accordance with a minimum frequency specified in this Part; or

(ii) in other cases, as soon as practicable.

(a) all values shall be expressed in µg/m³;

(b) the volume shall be standardised at the following conditions of temperature and pressure: 293K and 101.3kPa;

(c) the time shall be specified in Central European Time;

(d) "AOT40" (expressed in (µg/m³).hours) means the sum of the difference between hourly concentrations greater than 80 µg/m³ (which equals 40 parts per billion) and 80 µg/m³ over a given period using only the 1 hour values measured between 08:00 and 20:00 Central European Time each day; and

(e) in order to be valid, the annual data on exceedances used to check compliance with the target values and long-term objectives below must meet the criteria set out in Part 2 of Schedule 12.

Target values
The attainment date for the target values set out in the following table is 2010, with compliance assessed over the periods indicated for each target value in the table.

	Parameter	Target value and assessment for 2010(¹)
Target value for the protection of human health	Maximum daily 8-hour mean(²)	120 µg/m³ not to be exceeded on more than 25 days per calendar year averaged over three years(³)
Target value for the protection of vegetation	AOT 40, calculated from 1 hour values from May to July	18,000 µg/m³.hour averaged over five years(³)

⁽¹⁾ Compliance with target values will be assessed as of this value. That is, 2010 will be the first year the data for which is used in calculating compliance over three or five years, as appropriate.

⁽²⁾ The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends, that is, the first calculation period for any one day shall be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on the day.

⁽³⁾ If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values shall be as follows: (i) for the target value for the protection of human health, valid data for one year; and (ii) for the target value for the protection of vegetation, valid data for three years.

Long-term objectives

	Parameter	Long-term objective
Long-term objective for the protection of human health	Maximum daily 8-hour mean within a calendar year	120 µg/m³
Long-term objective for the protection of vegetation	AOT40, calculated from 1 h values from May to July	6,000 µg/m³.h

(a) region;

(b) city (map); and

(c) measuring station (map, geographical co ordinates).

     2. General information–

(a) type of zone (city, industrial or rural area);

(b) estimate of the polluted area (km²) and of the population exposed to the pollution;

(c) useful climatic data;

(d) relevant data on topography; and

(e) sufficient information on the type of targets requiring protection in the zone.

     3. Responsible authorities (names and addresses of persons responsible for the development and implementation of improvement plans).

     4. Nature and assessment of pollution–

(a) concentrations observed over previous years (before the implementation of the improvement measures);

(b) concentrations measured since the beginning of the project; and

(c) techniques used for the assessment.

     5. Origin of pollution–

(a) list of the main emission sources responsible for pollution (map);

(b) total quantity of emissions from these sources (tonnes/year); and

(c) information on pollution imported from other regions.

     6. Analysis of the situation–

(a) details of those factors responsible for the excess (transport, including cross-border transport, formation); and

(b) details of possible measures for improvement of air quality.

     7. Details of those measures or projects for improvements which existed prior to 21st November 1996–

(a) local, regional, national, international measures; and

(b) observed effects of these measures.

     8. Details of those measures or projects adopted with a view to reducing pollution following 21st November 1996–

(a) listing and description of all the measures set out in the project;

(b) timetable for implementation; and

(c) estimate of the improvement of air quality planned and of the expected time required to attain these objectives.

     9. Details of the measures or projects planned or being researched for the long term.

     10. List of the publications, documents, and work used to supplement information required by this Schedule.

(a) areas within zones where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the relevant limit value; and

(b) concentrations in other areas within the zones which are representative of the exposure of the general population.

     2. Sampling points shall in general be sited to avoid measuring very small micro-environments in their immediate vicinity. Where possible, the Scottish Ministers shall locate sampling points so as to be representative of air quality in a surrounding area of no less than 200 m² at traffic-orientated sites and of several square kilometres at urban-background sites.

     3. Sampling points shall also, where possible, be representative of similar locations not in their immediate vicinity.

     4. Account shall be taken of the need to locate sampling points on islands, where that is necessary for the protection of human health.

Protection of ecosystems and vegetation
     5. Sampling points targeted at the protection of ecosystems or vegetation shall be sited more than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or motorways. Where possible, the Scottish Ministers shall locate sampling points so as to be representative of air quality in a surrounding area of at least 1000 km². A sampling point may be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions. Account shall be taken of the need to assess air quality on islands.

(a) the areas within zones where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;

(b) concentrations in other areas within zones which are representative of the exposure of the general population;

(c) deposition rates representing the indirect exposure of the population through the food chain.

     7. Sampling points shall in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. Where possible, the Scottish Ministers shall locate sampling points so as to be representative of air quality in surrounding areas of no less than 200 m² at traffic-orientated sites, at least 250 m × 250 m at industrial sites, where feasible, and several square kilometres at urban-background sites.

     8. Where the objective is to assess background levels the sampling site shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres (as the Scottish Ministers may determine in light of the circumstances of each case).

     9. Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. In particular in cases falling within regulation 9(1)(a), the sampling points shall be sited such that the application of the measures referred to at regulation 7(2)(b) can be monitored.

     10. Sampling points shall also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they shall be co-located with sampling points for PM₁₀.

(a) the flow around the inlet sampling probe shall be unrestricted, (and, for ozone sampling, free in an arc of at least 270°) without any obstructions affecting the airflow in the vicinity of the sampler–


(i) in the case of Group A and Group B pollutants, the inlet sampling probe shall normally be some metres away from buildings, balconies, trees and other obstacles and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line; and

(ii) in the case of ozone, the inlet sampling probe shall be away from buildings, balconies, trees and other obstacles by more than twice the height the obstacle protrudes above the sampler;



(b) in general, the inlet sampling point shall be between 1.5 m (the breathing zone) and 4 m above the ground. However, higher positions (up to 8 m) may be necessary in some circumstances and (for ozone sampling) in wooded areas. Higher siting may also be appropriate if the station is representative of a large area;

(c) the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air;

(d) the sampler's exhaust outlet shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided;

(e) in relation to the location of traffic orientated samplers for Group A and Group B pollutants:–



(i) sampling points shall be at least 25 m from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane;

(ii) for nitrogen dioxide and carbon monoxide, inlets shall be no more than 5 m from the kerbside; and

(iii) for PM₁₀, lead, benzene and Group B pollutants, inlets shall be sited so as to be representative of air quality near to the building line;



(f) for ozone, the inlet probe shall be positioned well away from such sources as furnaces and incineration flues and more than 10 m from the nearest road, with distance increasing as a function of traffic intensity; and

(g) for deposition measurements in rural background areas as respects Group B pollutants and other pollutants falling within regulations 19 and 20, the European Monitoring and Evaluation of Pollutants guidelines and criteria shall be applied as far as practicable and where not provided for elsewhere in these Regulations.

     14. The following factors may also be taken into account–

(a) interfering sources;

(b) security;

(c) access;

(d) availability of electrical power and telephone communications;

(e) visibility of the site in relation to its surroundings;

(f) safety of public and operators;

(g) the desirability of co-locating sampling points for different pollutants;

(h) planning requirements.

(a) a description of assessment activities carried out;

(b) the specific methods used, with references to descriptions of the method;

(c) the sources of data and information;

(d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed the limit value or, as may be, the limit value plus applicable margin of tolerance and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold; and

(e) for limit values the object of which is the protection of human health, the population potentially exposed to concentrations in excess of the limit value.

     2. Where possible maps shall be compiled showing concentration distributions within each zone.

(a) a description of the assessment activities carried out;

(b) specific methods used, with references to descriptions of the method;

(c) sources of data and information;

(d) a description of results, including uncertainties and, in particular, the extent of any area within the zone over which concentrations exceed long-term objectives or target values; and

(e) for long-term objectives or target values whose object is the protection of human health, the population potentially exposed to concentrations in excess of the threshold.

     7. The Scottish Ministers shall ensure that maps are compiled showing concentration distributions within each zone.

(a) the date, hour and place of the occurrence and the reasons for the occurrence, where known;

(b) any forecasts of–


(i) changes in concentration (improvement, stabilisation, or deterioration), together with the reasons for those changes;

(ii) the geographical area concerned; and

(iii) the duration of the occurrence;



(c) the type of population potentially sensitive to the occurrence; and

(d) the precautions to be taken by the sensitive population concerned.

(a) is exceeded; or

(b) is predicted to be exceeded,

the details set out in paragraphs 3 to 6 shall, as a minimum, be made available to the public on a sufficiently large scale.

     3. Information on any observed exceedance–

(a) the location or area of the exceedance;

(b) the type of threshold exceeded (information threshold or alert threshold);

(c) the time at which the exceedance began and its duration; and

(d) the highest 1-hour and 8-hour mean concentration.

     4. Forecast for the following afternoon, day or days–

(a) the geographical area of expected exceedances of an information threshold or alert threshold; and

(b) the expected change in pollution, that is, improvement, stabilisation or deterioration.

     5. Information on the type of population concerned, possible health effects and recommended conduct, in particular–

(a) information on population groups at risk;

(b) description of likely symptoms;

(c) recommended precautions to be taken by the population concerned; and

(d) where to find further information.

     6. Information provided under this Schedule shall also include–

(a) information on preventive action to reduce pollution and/or exposure to it;

(b) an indication of main source sectors; and

(c) recommendations for action to reduce emissions.

(a) for ozone, nitrogen dioxide, oxides of nitrogen and the sums of ozone and nitrogen dioxide (added as parts per billion and expressed in µg/m³ ozone) the maximum, 99.9th, 98th and 50th percentiles and annual average and number of valid data from hourly series; and

(b) the maximum, 98th and 50th percentile and annual average from a series of daily 8-hour ozone maxima.

     3. Data collated in monthly reports shall be considered provisional and shall be updated where necessary in subsequent submissions.

Council Directive 96/62/EC on ambient air quality assessment and management (O.J. No L 296, 21.11.96, p.55);

Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (O.J. No L 163, 29.06.99, p.41);

Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air (O.J. No L 313, 13.12.00, p.12);

Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (O.J. No L 67, 09.03.02, p.14); and

Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (O.J. No L 23, 26.01.05, p.3) ("the Fourth Daughter Directive").

These Regulations also incorporate requirements imposed by the following:

Commission Decision 2001/744/EC amending Annex V to Council Directive 1999/30/EC (O.J. No L 278, 23.10.01, p.35);

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (O.J. No L 156, 25.06.03, p.17); and

Commission Decision 2004/279/EC concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (O.J. No. L 87, 25.3.04, p.50).

In addition to providing for the transposition of the Fourth Daughter Directive, these Regulations consolidate and replace the Air Quality Limit Values (Scotland) Regulations 2003 (S.S.I. 2003/428) (as amended by the Air Quality Limit Values (Scotland) Amendment Regulations 2003 (S.S.I. 2003/547) and the Air Quality Limit Values (Scotland) Amendment Regulations 2005 (S.S.I. 2005/300)), all of which are revoked by regulation 30. Those Regulations previously implemented for Scotland the air quality Directives referred to above except the Fourth Daughter Directive.

Regulation 3 designates the Scottish Ministers as the competent authority for the purposes of Article 3 (implementation and responsibilities) of Council Directive 96/62/EC.

Chapter 1 of Part 2 of these Regulations requires the attainment of air quality standards in respect of the concentration of various pollutants in ambient air. In accordance with regulation 6 and Schedule 1, limit values are imposed for "Group A" pollutants (benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀) and sulphur dioxide); target values are imposed for "Group B" pollutants (arsenic, benzo(a)pyrene, cadmium and nickel, and their compounds) within the PM₁₀ fraction; and target values and long-term objectives are imposed for ozone. For the purposes of this Part, regulation 5 requires the Scottish Ministers to divide Scotland into zones within which the necessary air quality management and assessment takes place.

Chapter 2 of Part 2 sets out the measures the Scottish Ministers are required to take in order to ensure attainment of the relevant standards. The measures ordinarily required are those set out in regulation 7. In relation to benzene or nitrogen dioxide, where concentrations exceed the limit value plus the margin of tolerance specified, the Scottish Ministers are required by regulation 8(2) to prepare and implement an improvement plan. The Scottish Ministers are also required to prepare and implement an improvement plan by regulation 8(3) in cases where concentrations of ozone exceed the target value, unless the Scottish Ministers consider that the target value would not be attainable through proportionate measures. Schedule 2 makes provision as to the content of improvement plans. Regulation 9 requires the Scottish Ministers to take the measures specified in cases where concentrations of Group B pollutants exceed the relevant target value or in cases where concentrations of ozone comply with the target value but exceed a long-term objective.

Regulation 10 requires the Scottish Ministers to maintain compliance with the limit values and target values and, as far as the factors specified in that regulation permit, the long-term objectives for ozone. Regulation 11 requires the Scottish Ministers to prepare and, to the extent they consider necessary, implement, action plans which indicate the measures to be taken in cases where there is a risk that any limit value or the alert thresholds for nitrogen dioxide and sulphur dioxide will be exceeded. The Scottish Ministers are also obliged to consider the preparation of action plans where there is a risk that the alert threshold for ozone will be exceeded. Alert thresholds are set out in Schedule 3.

Regulation 12 requires the Scottish Ministers to assess the concentration of Group A pollutants, Group B pollutants and ozone within each zone. Regulations 13 to 16 and Schedules 4 to 9 prescribe the assessment methods which are required or permitted (as the case may be), and the detailed requirements in relation to each method (for instance, requirements as to sampling points for fixed measurement).

Regulations 17 to 19 require the Scottish Ministers to monitor or measure, respectively, PM_2.5, ozone precursor substances and certain polycyclic aromatic hydrocarbons. Schedule 10 makes specific provision for the measurement of ozone precursor substances. Regulation 20 requires the taking of indicative measurements of the concentration and deposition of Group B pollutants, basic polycyclic aromatic hydrocarbons and mercury.

Regulations 21 to 25 and Schedule 11 require the Scottish Ministers to make up-to-date information available to the public, including organisations representing relevant public interests. Regulation 26 requires the production of an annual report for ozone and regulation 27 requires action and improvement plans, and information as to their implementation, to be made available. Regulation 28 requires the Scottish Ministers to consult the public in the preparation, modification and review of improvement plans. Regulation 29 requires the Scottish Ministers to obtain and collate certain information contained in Schedule 12.