Local air quality management (LAQM) & Cleaner Air for Scotland (CAFS)

Graham Applegate (SEPA)

Contents

Overview of current LAQM system (legislation, who does what)

How can LAQM and CAFS develop together? Some options for discussion

Environment Act 1995

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

Environment Act 1995

Section 85Reserve 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. ButCurrently no enforcement provisions.

Environment Act 1995

Section 87Regulations for the purposes of Section IV (basis for Air Quality and Air Quality Standards (Scotland) Regulations (as amended)).Section 88Scottish Ministers issue guidance on Part IV.Local authorities have to have regard to this guidance.Schedule 11Local 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.

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.

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.

Air Quality (Standards) Scotland Regulations 2010

Part 1Designates the Scottish Ministers as a competent authority for the purposes of the Directives.Part 2Provides for the assessment of ambient air quality by Scottish Ministers.Part 3Sets out the duties of the Scottish Ministers in relation to the limit values, target values, long-term objectives, information and alert thresholds.Part 4Provides for requirements in relation to PM2.5 in addition to the limit value and target value for this pollutant.Part 5Imposes 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.

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; andThe relationships between air quality and noise policy.

Technical Guidance (TG09/16)

Published by UK Government and the devolved administrations and designed to guide LAs through the LAQM review and assessmentprocess. 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.

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.

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…

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.

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?

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)?

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.

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).

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.)?

What does everyone else think?