This page provides links to the full text of key pieces of air environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.
Air legislation for Scotland controls emissions of gases, dark smoke and other airborne pollutants that harm the quality of the atmosphere. It includes environmental permitting and authorising regimes and, via the climate change framework, establishes financial incentives to switch to less-polluting ways of working.
If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
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Sets 2050 as the target for reducing greenhouse gas emissions; outlines a carbon budgeting system, greenhouse gas emissions trading schemes, financial incentives for businesses to reduce waste and recycle more and powers to charge for single use bags.
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Introduces a target to reduce Scotland's greenhouse gas emissions by at least 80% by 2050, with at least 42% reduced by 2020. Sets out annual targets, including emissions from international aviation and shipping.
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Specifies that for an installation or site to be eligible for inclusion in a climate change agreement, it must be likely that at least 90% of the energy supplied to it will be used within the site.
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Expands the types of energy-intensive business activities and sites that can claim the reduced rate of climate change levy.
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Amends 2006/60 with details of which energy-intensive businesses can claim the reduced rate of climate change levy.
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Amends 2006/60 by adding three new categories (plastics, laundries and salt refiners) eligible for Climate Change Agreements.
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Defines which energy-intensive installations are entitled to claim the reduced rate of climate change levy.
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Set outs who the climate change levy, which is charged on supplies of electricity, gas and solid fuel, applies to, what is taxable, who is exempt and procedures for registering, returns and tax credits.
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Defines, within England, Scotland and Wales, the legal framework for duty of care for waste, contaminated land and statutory nuisance.
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Controls the production, marketing, use of, trade in, emission and transport of specified ozone-depleting substances.
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Extends 2002/528 to offshore installations.
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Requires aerosol dispensers to be marked to confirm they satisfy the safety measures laid down in the Annex to the Directive.
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Aims to reduce emissions of fluorinated greenhouse gases through measures for their containment, use, recovery and destruction.
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Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.
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Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.
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Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.
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Revokes and amends Fluorinated Greenhouse Gas Regulations 2008. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them.
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Provides a framework to allow greenhouse gas emissions permits to be bought and sold between businesses.
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Amends 2005/925, allowing the Secretary of State to allocate allowances for the first phase of the greenhouse gas emissions trading scheme.
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Makes it an offence (for which you can be fined) for anyone servicing a vehicle air-conditioning system to refill it with fluorinated gases if there has been an abnormal leak of refrigerant and before repairs have been completed.
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Requires businesses to inform their local council before installing a cooling tower or evaporative condenser on their site.
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Revokes Ozone Depleting Substances (Qualifications) Regulations 2006. Amends qualifications needed to recover, recycle or destroy substances. Makes it an offence to, or employ someone to, work with controlled substances or methyl bromide unless qualified.
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Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions.
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Amends 2000/323, covering change in operations, dates for permits, health and safety and exclusions from the register. Also amends PPC requirements for combustion, metal production and processing, minerals, chemicals and waste management.
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Amends 2000/323 to exclude small scale chemical production, requires a permit for slaughtering animals in slaughter houses, defines ensiling for fish-processing, and clarifies the solvent consumption threshold for trailers and vehicle coating activities.
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Amends 200/323 to remove ‘general binding rules’ and allows Scottish Ministers or SEPA to make ‘standard rules’. Removes the burning of waste oil, recovered oil or waste-derived fuel from PPC regulation.
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Brings the Solvent Emissions Directive (dealing with the use of organic solvents causing emissions of volatile organic compounds) within the regulations set up by the Pollution Prevention and Control Act 1999 for legal implementation.
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Establishes that Scottish electricity suppliers licenced under the Electricity Act 1989 must supply customers in Great Britain with a specified amount of electricity generated from renewable sources eg wind, water, biomass and solar power.
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Lays down requirements to reduce the environmental impact of constructing, maintaining and using road vehicles, particularly smoke, vapour and gas emissions.
Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2009 SI 2196
Amends 1986/1078 by inserting a new regulation which restricts the retrofitting and refilling of vehicle air conditioning systems containing fluorinated greenhouse gases.
Solvent Emissions (Scotland) Regulations 2004 SSI 26
Ensures the requirements of the Solvent Emissions Directive (applying limits to installations carrying out activities that release volatile organic compounds over certain thresholds) are included in the existing pollution control regime.
Solvent Emissions (Scotland) Regulations 2010 SSI 236
Amends 2004/26 and the Pollution Prevention and Control (Scotland) Regulations 2000/323, changing terminology relating to the classification, labelling and packaging of substances and mixtures.
Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 SI 2773
Sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).
Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 SI 783
Amends 2005/2773 by amending the definition of ‘coating ’ (in the context of vehicle refinishing products) by substituting ‘mixture’ for ‘preparation’.
