11 tal-2003 - Regolamenti tal-2003 dwar l-Ozonu fl-Arja Ambjentali

L.N. 11 of 2003

ENVIRONMENT PROTECTION ACT, 2001

(ACT NO. XX OF 2001)

Ozone in Ambient Air Regulations, 2003

BY virtue of the powers conferred by article 9 of the Environment

Protection Act, the Minister of Home Affairs and the Environment has

made the following regulations>-

(1) The title of these regulations is the Ozone in Ambient

Air Regulations, 2003.

(2) The purpose of these regulations is>

(a) to establish long-term objectives, target values, an alert

threshold and an information threshold for concentrations of ozone

in ambient air in Malta, designed to avoid, prevent or reduce

harmful effects on human health and the environment as a whole<

(b) to ensure that common methods and criteria are used to

assess concentrations of ozone and, as appropriate, ozone

precursors (oxides of nitrogen and volatile organic compounds) in

ambient air in the Agreement States<

(c) to ensure that adequate information is obtained on

ambient levels of ozone and that it is available to the public<

(d) to ensure that, with respect to ozone, ambient air quality

is maintained where it is good, and improved in other cases<

(e) to promote increased cooperation between Agreement

States, in reducing ozone levels, use of the potential of

transboundary measures and agreement on such measures.

For the purposes of these regulations>

“agglomeration” means a zone with a population

concentration in excess of 250,000 inhabitants or, where the

population concentration is 250,000 inhabitants or less, a population

density per km 2 which for Malta justifies the need for ambient air

quality to be assessed and managed<

“Agreement States” means an agreement, to which Malta is a

party, entered into by a group of states reciprocally granting to

citizens of such states or their dependants the right to enter, remain

and reside in and leave the territory of such state, to more freely

within such states for such period as may be established in the

agreement and to work or establish provide or receive services

therein< and “Agreement State” and “citizen of an Agreement State”

shall be construed accordingly< and where a state is a party to such

an Agreement subject to modifications and adaptations, a citizen

of an Agreement State shall be subject to such modifications or

adaptations as may be prescribed<

“alert threshold” means a level beyond which there is a risk

to human health from brief exposure for the general population

and at which immediate steps shall be taken by the competent

authority as laid down in Regulations 6 and 7 hereof<

“ambient air” means outdoor air in the troposphere, excluding

work places<

“assessment” means any method used to measure, calculate,

predict or estimate the level of a pollutant in the ambient air<

“competent authority” means the Malta Environment and

Planning Authority as prescribed by the notice entitled Nomination

of the Malta Environment and Planning Authority as the competent

authority, and such other body or person as the Minister responsible

for the environment may by order in the Gazette prescribe and

different bodies or persons may be designated as the competent

authority for different provisions and different purposes of these

regulations.

“fixed measurements” means measurements taken in

accordance with regulation 6 (4) of the Ambient Air Quality

Assessment Regulations, 2001<

“information threshold” means a level beyond which there is

a risk to human health from brief exposure for particularly sensitive

sections of the population and at which up-to-date information is

necessary<

“level” means the concentration of a pollutant in ambient air

or the deposition thereof on surfaces in a given time<

“long-term objective” means an ozone concentration in the

ambient air below which, according to current scientific knowledge,

direct adverse effects on human health and, or the environment as

a whole are unlikely. The objective is to be attained in the long

term, save where not achievable through proportionate measures,

with the aim of providing effective protection of human health

and the environment<

“ozone precursor substances” means substances which

contribute to the formation of ground-level ozone, some of which

are listed in Schedule VI<

“pollutant” means any substance introduced directly or

indirectly by man into the ambient air and likely to have harmful

effects on human health and#or the environment as a whole<

“target value” means a level fixed with the aim, in the long

term, of avoiding harmful effects on human health and, or the

environment as a whole, to be attained where possible over a given

period<

“volatile organic compounds” (VOC) means all organic

compounds from anthropogenic and biogenic sources, other than

methane, that are capable of producing photochemical oxidants

by reactions with nitrogen oxides in the presence of sunlight<

“zone” means part of the territory of Malta as delimited by it<

(1) The target values for 2010 in respect of ozone

concentrations in ambient air are those set out in Section II of Schedule

I to these regulations.

(2) The competent authority shall draw up a list of zones

and agglomerations in which the levels of ozone in ambient air, as

assessed in accordance with regulation 9, are higher than the target values

referred to in sub-regulation (1) hereof.

(3) For the zones and agglomerations referred to in sub-

regulation (2) hereof, the competent authority shall take measures to

ensure, in accordance with the provisions of the National Emission

Ceilings for Certain Atmospheric Pollutants Regulations, 2002, that a

plan or programme is prepared and implemented in order to attain the

target value, save where not achievable through proportionate measures,

as from the date specified in Section II of Schedule I>

Provided that where, in accordance with regulation 8(3) of the

Ambient Air Quality Assessment and Management Regulations, 2001

plans or programmes have to be prepared or implemented in respect of

pollutants other than ozone, the competent authority shall, where

appropriate, prepare and implement integrated plans or programmes

covering all the pollutants concerned.

(4) The plans or programmes, referred to in sub-regulation

(3) hereof, shall incorporate at least the information listed in Schedule

IV to the Ambient Air Quality Assessment and Management

Regulations, 2001 and shall be made available to the public and to

appropriate organisations such as environmental organisations,

consumer organisations, organisations representing the interests of

sensitive population groups and other relevant health care bodies.

(1) The long-term objectives for ozone concentrations in Long-term

objectives.

ambient air are those set out in Section III of Schedule I to these

regulations.

(2) The competent authority shall draw up a list of the zones

and agglomerations in which the levels of ozone in ambient air, as

assessed in accordance with regulation 9 hereof, are higher than the

long-term objectives referred to in sub-regulation (1) hereof but below,

or equal to, the target values set out in Section II of Schedule I hereto>

Provided that for such zones and agglomerations, the competent

authority shall prepare and implement cost-effective measures with the

aim of achieving the long-term objectives. The measures taken shall,

at least, be consistent with all plans of programmes specified in

regulation 3(3). Furthermore, they shall build upon measures taken

under the provisions of the National Emission Ceilings for Certain

Atmospheric Pollutants Regulations, 2002 and any other relevant

legislation.

The competent authority shall draw up a list of zones and Requirements in

zones and

agglomerations in which ozone levels meet the long-term objectives. agglomerations

In so far as factors including the transboundary nature of ozone pollution where ozone levels

meet the long-term

and meteorological conditions permit, they shall maintain the levels of objectives.

ozone in those zones and agglomerations below the long-term objectives

and shall preserve through proportionate measures the best ambient air

quality compatible with sustainable development and a high level of

environmental and human health protection.

(1) The competent authority shall take appropriate steps to> Information to the

public.

(a) (i) ensure that up to date information on concentrations

of ozone in ambient air is routinely made available to the public as

well as to appropriate organisations such as environmental

organisations, consumer organisations, organisations representing

the interests of sensitive population groups and other relevant health

care bodies>

Provided that this information shall be updated on at least a daily

basis and, whenever appropriate and practicable, on an hourly basis>

Provided also that such information shall at least indicate all excess

of the concentrations in the long-term objective for the protection of

health, the information threshold and the alert threshold for the relevant

averaging period. It should also provide a short assessment in relation

to effects on health<

(ii) the information threshold and the alert threshold for

concentrations of ozone in ambient air are given in Section I of

Schedule II hereto<

(b) make available to the public and to appropriate

organisations such as environmental organisations, consumer

organisations, organisations representing the interests of sensitive

population groups and other relevant health care bodies

comprehensive annual reports which shall at least indicate, in the

case of human health, any such excess of concentrations in the

target value and the long-term objective, the information threshold

and the alert threshold, for the relevant averaging period, and in

the case of vegetation, any excess of the target value and the long-

term objective, combined with, as appropriate, a short assessment

of the effects of such excesses>

Provided also that they may include, where appropriate, further

information and assessments on forest protection, as specified in section

I of Schedule III hereto, as well as information on relevant precursor

substances< and

(c) (i) ensure that timely information about actual or

predicted excesses of the alert threshold is provided to health care

institutions and the population<

(ii) the information and reports referred to above shall all

be published by appropriate means, such as the broadcasting media,

the press or other publications, information screens or computer

network services, such as the internet.

(2) Details supplied to the public in accordance with

regulation 10 of the Ambient Air Quality Assessment and Management

Regulations, 2001, when either threshold is exceeded, shall include the

items listed in Section II of Schedule II hereto. The competent authority

shall, where practicable, also take steps to supply such information when

an excess of the information threshold or alert threshold is predicted.

(3) Information supplied under sub-regulations (1) and (2)

hereof shall be clear, comprehensible and accessible.

(1) (a) In accordance with regulation 7(2) of the Short-term action

plans.

Ambient Air Quality Assessment and Management Regulations,

2001 the competent authority shall draw up action plans, at

appropriate administrative levels, indicating specific measures to

be taken in the short term, taking into account particular local

circumstances, for the zones where there is a risk of excesses of

the alert threshold, if there is a significant potential for reducing

that risk or for reducing the duration or severity of any excess of

the alert threshold>

Provided that where it is found that there is no significant potential

for reducing the risk, duration or severity of any excess in the relevant

zones, the competent authority shall be exempt from the provisions of

regulation 7(2) of Ambient Air Quality Assessment and Management

Regulations, 2001.

(b) It is for Agreement States to identify whether there is

significant potential for reducing the risk, duration or severity of

any exceedance, taking account of the national geographical,

meteorological and economic conditions.

(2) (a) The competent authority shall be responsible for

short-term action plans, including trigger levels for specific actions.

(b) Depending on the individual case, the plans may provide

for graduated, cost-effective measures to control and, where

necessary, reduce or suspend certain activities, including motor

vehicle traffic, which contribute to emissions which result in the

alert threshold being exceeded.

(c) Such measures may also include effective measures in

relation to the use of industrial plants or products.

(3) When developing and implementing the short-term

action plans, the competent authority shall consider examples of

measures (the effectiveness of which has been assessed), which should

be included in the guidance referred to in regulation 12.

(4) The competent authority shall make available to the

public and to appropriate organisations such as environmental

organisations, consumer organisations, organisations representing the

interests of sensitive population groups and other relevant health care

bodies both the results of their investigations and the content of specific

short-term action plans as well as information on the implementation

of these plans.

(1) Where ozone concentrations exceeding target values or

long-term objectives are due largely to precursor emission in other

Agreement States, the Agreement States concerned shall cooperate,

where appropriate, in drawing up joint plans and programmes in order

to attain the target values or long-term objectives, save where not

achievable through proportionate measures.

(2) The competent authority shall, if appropriate according

to regulation 7 hereof, prepare and implement joint short-term action

plans covering neighbouring zones in different Agreement States. The

competent authority shall ensure that neighbouring zones in different

plans, receive all appropriate information.

(3) Where exceedances of the information threshold or alert

threshold occur in zones close to national borders, the competent

authority shall as soon as possible inform the competent authorities in

the neighbouring Agreement States concerned in order to facilitate the

provision of information to the public in those States.

(4) In drawing up the plans and programmes referred to in

sub-regulations (1) and (2) hereof and in informing the public as referred

to in sub-regulation (3) hereof, the competent authority shall, where

appropriate, pursue cooperation with other countries.

(1) (i) The competent authority shall effect fixed

measurements in zones and agglomerations where, during any of

ozone and precursor

the previous five years of measurement, concentrations of ozone

have exceeded a long-term objective>

Provided that, where fewer than five years date are available, the

competent authority may, determine excesses, combine measurement

campaigns of short duration at times and locations likely to be typical

of the highest pollution levels with results obtained from emission

inventories and modelling.

(ii) Schedule IV hereto sets out criteria for determining the

location of sampling points for the measurement of ozone.

(iii) Section I of Schedule V hereto sets out the minimum

number of fixed sampling points for continuous measurement of

ozone in each zone or agglomeration within which measurement

is the sole source of information for assessing air quality.

(iv) Measurements of nitrogen dioxide shall also be made

at a minimum of 50% of the ozone sampling points required by

Section I of Schedule V hereto. Measurement of nitrogen dioxide

shall be continuous, except at rural background stations, as defined

in Section I of Schedule IV hereto, where other measurement

methods may be used.

(v) For zones and agglomerations within which information

from sampling points for fixed measurement is supplemented by

information from modelling and, or indicative measurement, the

total number of sampling points specified in Section I of Schedule

V hereto may be reduced, provided that>

(a) the supplementary methods provide an adequate level

of information for the assessment of air quality with regard to target

values, information and alert thresholds<

(b) the number of sampling points to be installed and the

spatial resolution of other techniques are sufficient for the

concentration of ozone to be established in accordance with the

data quality objectives specified in Section I of Schedule VII hereto

and lead to assessment results as specified in Section II of Schedule

VII hereto<

(c) the number of sampling points in each zone or

agglomeration amounts to at least one sampling point per two

million inhabitants or one sampling point per 50,000 km 2 ,

whichever produces the greater number of sampling points<

(d) each zone or agglomeration contains at least one

sampling point, and

(e) nitrogen dioxide is measured at all remaining sampling

points except at rural background stations. In this case, the results

of modelling and, or indicative measurement shall be taken into

account for the assessment of air quality with respect to the target

values.

(2) In zones and agglomerations where, during each of the

previous five years of measurement, concentrations are below the long-

term objectives, the number of continuous measurement stations shall

be determined in accordance with Section II of Schedule V hereto.

(3) The competent authority shall ensure that at least one

measuring station to supply data on concentrations of the ozone precursor

substances listed in Schedule VI hereto is installed and operated in its

territory>

Provided that the competent authority choose the number and siting

of the stations at which ozone precursor substances are to be measured,

taking into account the objectives, methods and recommendations laid

down in the said Schedule>

Provided also that as part of the guidance developed under

regulation 12, guidelines for an appropriate strategy to measure ozone

precursor substances shall be laid down, taking into account existing

requirements laid down in existing legislation and the cooperative

programme for monitoring and evaluation of the long-range transmission

of air pollutants in Europe (EMEP).

(4) Reference methods for analysis of ozone are set out

in Section I of Schedule VIII hereto, where as Section II of Annex VIII

provides for reference modelling techniques for ozone.

Any person shall be guilty of an offence under these

regulations if>

(a) he fails to comply with any provision of these regulations

or fails to comply with permit conditions or with any order lawfully

given in terms of any provision of these regulations<

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations< or

(c) he acts in contravention of any of the provisions of these

regulations< or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions, including any order

lawfully given in terms of any of the provision of these regulations,

or to contravene any restriction, prohibition or requirement imposed

by or under the said regulations.

Any person who commits an offence against these regulations

shall, on conviction, be liable>

(a) on a first conviction to a fine (multa) of not less than

five hundred liri but not exceeding one thousand liri<

(b) on a second or subsequent convictions, to a fine (multa)

of not less than one thousand liri, but not exceeding two thousand

liri or to imprisonment for a term not exceeding two years, or to

both such fine and imprisonment>

Provided that the court shall order any person who has been found

guilty of committing an offence against these regulations to pay for the

expenses incurred by the competent authority as a result of the said

offence, the revocation of the permit issued by the competent authority

and the confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30 of the Criminal Applicability of the

Criminal Code,

Code shall, mutatis mutandis, apply to proceedings in respect of offences Cap. 9.

against these regulations, so however that the disqualification from

holding or obtaining a licence, permit or authority shall in no case be

for less than one year.

(2) Nothwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure before

the said courts as courts of criminal judicature.

(3) Nothwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or the court of Magistrates (Gozo) in respect of proceedings for

any offence against these regulations.

Schedules I to VIII to these regulations are being published Language of

Schedules.

in the English language with the English text of these regulations.