Air quality

We have a direct remit to regulate, control, monitor and act as a consultee on many activities that may influence air quality in Scotland. Under the Pollution Prevention and Control (Scotland) Regulations 2012 we regulate and monitor certain industrial activities in Scotland that can generate airborne pollution, and, under the Environment Act 1995, we work with, and direct where necessary, local authorities to monitor, manage and improve Scottish air quality.

We also seek to advise and engage government, industry and the public on pollution control and other environmental issues, and we work towards Scottish, UK and EU objectives and targets set to address global climate change and the transboundary movements of pollutants.

Aside from these regulatory and policy roles, we operate the Airborne Hazards Emergency Response Service (AHERS) service on behalf of the Scottish Government.

Regulation

We regulate the operators of certain industrial activities via the Pollution Prevention and Control (Scotland) Regulations 2012. Through permits granted under this regulatory regime, operators must prevent or, where that is not practicable, reduce emissions to air, water and land, with the aim of providing a high level of protection to the environment taken as a whole.

Monitoring

We monitor the release of specified pollutants to air, land and water, and waste transfers from certain, larger-scale regulated sites. This is reported in the Scottish Pollutant Release Inventory. This data is used to fulfil the reporting requirements of the United Kingdom PRTR and the 2003 United Nations Economic Commission for Europe (UNECE) Protocol on Pollutant Release and Transfer Registers (Kyiv Protocol). The UKPRTR is the publicly available register that implements the Kyiv Protocol and UK PRTR legislation.

Data on local air quality monitoring (supplied by local authorities) is contained in the Scottish Government’s Air quality in Scotland website.

On behalf of the Scottish Government, we lead Scotland’s emergency air pollution response, the Airborne Hazards Emergency Response Service (AHERS) service. This provides air quality monitoring and information to support the emergency services and other agencies in the event of a serious incident that has the potential to impact air quality – such as a chemical fire, an explosion at an industrial site or a release of gases and natural events such as volcanic eruptions.

Managing and improving air quality

The Scottish Government’s overarching aim is to ensure that Scotland’s air quality is the best in Europe and SEPA helps to work towards that aspiration.

The land use planning system is integral to improving air quality. The Scottish Government’s National Planning Framework 4 (NPF4) cites possible beneficial outcomes, including:

Protection of people and places from environmental harm.
Mitigation of risks and encouragement and the promotion.
Facilitation of development that improves health and wellbeing.

A place-based approach can help to tackle air pollution, avoid creating new air quality problems and reduce human exposure to air pollution.

Other benefits include increased well-being and environmental improvement to the wider community, helping to contribute to a reduction in inequalities. This role is recognised in Scottish Government’s Cleaner Air for Scotland 2 (CAFS2) Strategy – Towards a Better Place for Everyone (2021).

The planning process is also placed at the centre of local air quality management.

Statutory guidance is provided to local authorities and regulators on how this should be considered (the Scottish Government’s Local Air Quality Management (LAQM) Policy Guidance (PG) (S) 24).

Planning Advice Notes

Planning Advice Notes (PANs) provide advice on good practice and other relevant information. PAN 51 on Planning, Environmental Protection and Regulation (revised in 2006) relates to air quality and planning and sets out linkages with the Scottish Government’s Local Air Quality Management Policy Guidance and SEPA’s role in air quality.

PAN51 identifies that air quality is likely to be a material consideration in assessing developments within Air Quality Management Areas (AQMAs) or areas close to declaring them. It states there may also be a need to consider the cumulative effects of development on air quality leading to a gradual deterioration in air quality.

SEPA has an established and critical role in the promotion of better air quality in Scotland and we provide comments on relevant planning applications in line with PAN 51 to fulfil our duties under the LAQM system and as key delivery agency for the CAFS2 strategy.

Local authorities and other partners

Although local authorities are primarily responsible for managing and improving local air quality, under Section 85 of the Environment Act (1995) with the approval of Scottish Ministers, we have reserve powers to take action where local authorities have made insufficient progress or are not fulfilling their duties.

In addition, we work closely with a range of partners to address air quality issues in Scotland, in groups such as:

The Scottish Pollution Control Co-ordinating Committee (SPCCC).
Local authority Pollution Control Liaison Groups (PCLGs).
Local authority air quality action plan steering groups.

Policy development and implementation

We seek to engage, advise and influence government, industry, businesses and the public on a range of air quality issues.

This includes current and potential issues relating to industry, energy production, transport and climate change.

We also work closely on public engagement with local authorities (we have developed an air quality teaching package for schools with North Lanarkshire Council), the Glasgow Science Centre and individual schools.

SEPA works closely with Scottish Government in the development of future air quality policy, guidance and legislation, provision of scientific evidence and technical advice, provision of communications and public engagement. We provide support to the Scottish Government in the development and implementation of their Cleaner Air for Scotland (CAFS) strategies.

SEPA is a key delivery partner for the current Cleaner Air for Scotland 2 (CAFS 2), and has responsibility for leading or supporting the delivery of actions in nine of the ten priority sectors and is a member of the CAFS2 Ministerial and Delivery Groups.

In particular SEPA has contributed to delivery of the following tasks:

Updating the Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) code to provide further guidance on reducing emissions to air from agricultural activities.
Continuing work to deliver Scotland’s Low Emission Zones (LEZs).
Continuing to improve air pollution data and evidence through development of new data collection and storage methods, modelling and tools and reporting capabilities.
With the Scottish Government conducted a review of the local air quality management system (LAQM) system to update guidance and improve the methods for local authority assessment and reporting.
Playing a key role in the governance of the CAFS 2 process.

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