What the responsibilities of (a) local authorities and (b) the Scottish Environment Protection Agency are in monitoring emissions of partic…

Local authorities are responsible for controlling dust under the statutory nuisance provisions of the Clean Air Act 1993, where no prescribed activity is taking place. Local authorities are also responsible, under the Air Quality Strategy for England, Scotland, Northern Ireland and Wales (AQS), for reviewing and assessing air quality in their areas against the air quality objectives of the AQS. They are also expected to take account of the assessment framework recommended in the UK Government sponsored research Do Particulates from Opencast Coal Mining Impair Children's Respiratory Health? when considering proposals for new sites, or extensions and modifications to existing sites. The Scottish Environment Protection Agency (SEPA) has responsibilities under the Environmental Protection Act (EPA)1990, Part I and the Pollution Prevention and Control (PPC) (Scotland) Regulations 2000, to regulate the prescribed activities which are undertaken at opencast coal sites. SEPA's main concern is to prevent, minimise or, where this is not practicable, render harmless all emissions of coal dust. This is achieved by means of an authorisation (under EPA 1990) or permit (under PPC 2000), which is issued to relevant opencast sites by SEPA. The authorisation/permit contains conditions, which allow for control of dust when carrying on the prescribed process or prescribed activity. Section 81 of the Environment Act 1995 also requires SEPA to have regard to the AQS. Through this mechanism, SEPA will have regard to local air quality management and will consider any objectives set out in the AQS when carrying out its functions and duties.