Local Air Quality Management (LAQM) and Cleaner Air for Scotland (CAFS) - Graham Applegate, SEPA

1. Local air quality management (LAQM) &
Cleaner Air for Scotland (CAFS)
Graham Applegate (SEPA)

2. Contents
• Overview of current LAQM system
(legislation, who does what)
• How can LAQM and CAFS develop together?
• Some options for discussion

3. Environment Act 1995
Part IV – Air Quality
Section 80
•Requirement for a national air quality strategy.
Section 81
•Functions of SEPA (in discharging it’s “pollution control functions”).
•Covers PPC and other regulatory activities.
Section 82
•Local authority review and assessment of air quality.
•Review and assessment process.
Section 83
•Designation of AQMAs by local authorities.
•Requirement for a legal order.
Section 84
•Duties of local authorities in relation to AQMAs.
•Assessment, action planning, review/revision.

4. Environment Act 1995
Section 85
•Reserve powers of the Secretary of State or SEPA.
•SEPA designation as “appropriate authority” with the approval of the
Secretary of State (Scottish Ministers).
Allows SEPA to:
•Itself conduct, or make, or require to be repeated (or cause to be
conducted or made or repeated) the review and assessment
requirements of Section 82.
•Direct local authorities to take such steps, where standards are not
being/not likely to be met, duties are not being fulfilled, actions are not
being taken or are inappropriate.
•Direct a local authority to carry out the review and assessment process,
to declare/modify/revoke an AQMA, to prepare/modify/implement an
action plan.
But
•Currently no enforcement provisions.

5. Environment Act 1995
Section 87
•Regulations for the purposes of Section IV (basis for Air Quality and Air
Quality Standards (Scotland) Regulations (as amended)).
Section 88
•Scottish Ministers issue guidance on Part IV.
•Local authorities have to have regard to this guidance.
Schedule 11
•Local authority shall consult on carrying out its functions under Sections
82 – 84 of the Act (review, assessment, action planning).
•Consultees include Scottish Ministers, SEPA, every local authority
whose area is contiguous to the authority’s area.
•Such public authorities exercising functions in, or in the vicinity of, the
authority’s area as the authority may consider appropriate (Transport
Scotland?). For E & W explicitly states “Highways Agency”.
•Such other bodies or persons as the authority considers.

6. Air Quality (Scotland) Regulations 2000/2002
(as amended)
• Provides the statutory basis for LAQM implementation.
• Sets objectives and timescales for achievement for substances
stated in the air quality strategy.
• Accompanied by guidance for local authorities on how to be achieved
(currently PG(S)09/TG09 – subject to review in 2016).
• Designate Scottish Ministers as competent authority for
implementation of EU ambient air quality Directives.
• Clarification and revocation of previous domestic air quality
legislation.
Note
• LAs not legally required to meet the air quality objectives.
• Scotland has tighter domestic objectives for PM10 which still comply
with EU requirements.
• AQMAs declared for PM are only for non-compliance with the
domestic objective, not the EU requirements.

7. Air Quality (Standards) Scotland Regulations
2010
Implements:
•Directive 2008/50/EC of the European Parliament and of the Council on
ambient air quality and cleaner air for Europe.
•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.
•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.
Updates and revokes:
•Air Quality Standards (Scotland) Regulations 2007.
•Previous EU requirements.

8. Air Quality (Standards) Scotland Regulations
2010
Part 1
•Designates the Scottish Ministers as a competent authority for the
purposes of the Directives.
Part 2
•Provides for the assessment of ambient air quality by Scottish Ministers.
Part 3
•Sets out the duties of the Scottish Ministers in relation to the limit
values, target values, long-term objectives, information and alert
thresholds.
Part 4
•Provides for requirements in relation to PM2.5 in addition to the limit value
and target value for this pollutant.
Part 5
•Imposes requirements on the Scottish Ministers to draw up air quality
plans in relation to limit values and target values and short-term action
plans in relation to alert thresholds.

9. Policy Guidance (PG(S)09/16
Published by Scottish Government and intended to help local authorities
with their LAQM duties under Part IV of the Environment Act 1995.
Includes:
•Statutory background and the legislative framework within which LAs
have to work;
•Principles behind reviews and assessments of air quality and the
recommended steps that LAs should take;
•How LAs should handle the designation of AQMAs and the drawing-up
and implementation of action plans;
•Suggestions for taking forward the development of LAQ strategies;
•Suggestions on how LAs should consult and liaise with others;
•The role of transport-related measures in improving air quality:
•The general principles behind air quality and land use planning;
•The effects of biomass on air quality; and
•The relationships between air quality and noise policy.

10. Technical Guidance (TG09/16)
Published by UK Government and the devolved administrations and
designed to guide LAs through the LAQM review and assessment
process. Includes:
•Detailed guidance on the review and assessment process (including
sections on – progress reports, updating and screening assessments and
detailed assessments);
•Draws together previous guidance that has been issued both formally
and informally;
•Guidance on tools and supporting information;
•Guidance on monitoring and modelling;
•Guidance on estimating emissions.

11. How does SEPA work with LAs and others
currently?
• Statutory consultee for LAQM reports/orders, etc.
• Statutory consultee for planning applications (SEPA utilises the
knowledge gained from LA annual reports and can also place on
public record concerns over proposals).
• Appropriate authority for Section 85.
• 3 LAQ specialists provide a trusted, single point of contact and direct
advice and guidance to LA environmental health/planning specialists
(on an as requested, individual, group basis) – especially in relation
to AQMAs and AQ issues of concern.
• Member of LA Pollution Liaison Groups (PLGs).
• Member of the Scottish Pollution Control Co-ordinating Committee
(SPCCC).
• SEPA provides technical support in cases where a regulated process
contributes or is responsible for an exceedance (e.g. Grangemouth)
BUT SEPA is unable to enforce compliance with objectives that go
beyond the EU standards (such as PM10, PM2.5 and 15-minute SO2).
• SEPA provides unbiased scientific and technical advice to all parties.

12. Clean air for Scotland (CAFS)
We will:
1.Implement a refocused Local Air Quality Management system (fit for
purpose).
2.Develop guidance and promote a support network for all practitioners
involved in reviewing and assessing local impacts on air quality resulting
from regional decision making.
3.Ensure the NLEF criteria, tests, and processes are developed, agreed,
and finalised.
4.Design and implement a standard appraisal process for assessing local
air quality measures.
These are all co-dependent…

13. Policy alignment
We have various options for making this happen:
•Do nothing and hope it works.
•Change the legislation to embed new CAFS requirements.
•Interpret the CAFS requirements within the existing LAQM framework.
•Update guidance (combine NLEF/STAG principles into PG(S)16
update).
•Make NLEF assessment formally part of the review and assessment
process and update the guidance to reflect.
•Make NLEF formally part of the action planning process (a specific
requirement for submission of an action plan) and update the guidance to
reflect.
•Introduce penalties/punitive measures.

14. Do nothing and hope it works?
Pros:
•Cheap.
•Easy.
•Path of least resistance.
•LAs used to current systems/practices.
Cons:
•It hasn’t worked effectively for 25 years (mostly due to lack of other LA
departments and agencies not recognising the role they need to play).
•Won’t comply with EU legislation.
•Doesn’t deliver CAFS stated aims or other policy objectives (e.g. climate
change).
•Reputational risk.
•Why bother with any of it?

15. Change the legislation?
Pros:
•Embed the CAFS requirements in statute.
•AQS (S) Regulations need to be updated for PM2.5 changes (but would
require other changes in Regulations also).
Cons:
•Potentially amending an Act of UK Parliament – very difficult to achieve.
•Would still require penalty provisions to enforce (and update of
Regulations).
•Likely to be unpopular.
•Guidance would need to be updated.
•Would it actually make any difference (currently regulatory regime has
had limited success to date)?

16. Reinterpret the legislation?
Make NLEF and NMF part of the action planning process by redefining
what an action plan is.
Pros:
•Simple fix.
•Streamlined reporting (just an additional component of existing
systems/reporting).
•Consultation and approval process remains the same.
•Only carried out by LAs with AQMAs (not disproportionately
bureaucratic).
Cons:
•Initial confusion.
•Can we legally do it (I don’t know)?
•Guidance would have to be revised.

17. Make the guidance more effective?
Pros:
•Aligns CAFS and PG(S)16.
•Streamlines reporting (add components to current reporting).
•LAs have to have regard to guidance and are familiar with its use.
•Include legislative reinterpretations (still a single guidance document).
•Avoids legislative change.
Cons:
•Changes to existing reporting (possibly unpopular).
•Would we need to change UK Government and devolved
administrations TG(16)?
•Could be a considerable task (may need to implement for following
reporting year).
•Guidance lacks submission deadlines for designation of AQMAs (would
need ‘hard’ dates).

18. The way forward?
• Do we have the framework to implement CAFS requirements?
• Is the existing legal system robust?
• Do we need to change the legislation except to bring in new legal
requirements (e.g. PM2.5 limit values)?
• Do we need offence provisions?
• Should we reinterpret the legal requirements to bring in CAFS
requirements (NLEF/NMF)?
• Should we align CAFS and PG(S)16 (noise, climate change, place-
making, etc.)?
• Should we review and develop PG(S)16 to include NLEF/NMF as a
stated part of the action planning process?
• Do we need to change the statutory consultee process?
• Do we need to provide more effective information to LAs (e.g. via
upgrading existing websites, resources, etc.)?

19. What does everyone else think?