292 tal-2007 - Regolamenti tal-2007 dwar l-Arseniku, il-Kadmju, il-Merkurju, in-Nikil u l-Idrokarboni Aromatiċi Poliċikliċi fl-Arja Ambjentali

L.N. 292 of 2007

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic

Hydrocarbons in Ambient Air Regulations, 2007

BY virtue of the powers conferred by articles 9 and 11 of the

Environment Protection Act, the Minister for Rural Affairs and the

Environment has made the following regulations>-

The title of these regulations is the Arsenic, Cadmium, Citation.

Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient

Air Regulations, 2007.

(1) These regulations transpose the provisions of Directive Scope and

2004#107#EC of the European Parliament and of the Council of 15 applicability.

December 2004 relating to arsenic, cadmium, mercury, nickel and

polycyclic aromatic hydrocarbons in ambient air, hereinafter referred

to as “the Directive”.

(2) The objectives of these regulations are to>

a) establish a target value for the concentration of arsenic,

cadmium, nickel and benzo(a)pyrene in ambient air so as to avoid,

prevent or reduce harmful effects of arsenic, cadmium, nickel and

polycyclic aromatic hydrocarbons on human health and the

environment as a whole<

b) ensure, with respect to arsenic, cadmium, nickel and

polycyclic aromatic hydrocarbons, that ambient air quality is

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

c) determine common methods and criteria for the

assessment of concentrations of arsenic, cadmium, mercury, nickel

and polycyclic aromatic hydrocarbons in ambient air as well as of

the deposition of arsenic, cadmium, mercury, nickel and polycyclic

aromatic hydrocarbons<

d) ensure that adequate information on concentrations of

arsenic, cadmium, mercury, nickel and polycyclic aromatic

hydrocarbons in ambient air as well as on the deposition of arsenic,

cadmium, mercury, nickel and polycyclic aromatic hydrocarbons

is obtained and ensure that it is made available to the public.

(1) For the purposes of these regulations –

“the 2001 Regulations” means the Ambient Air Quality

Assessment and Management Regulations, 2001<

“arsenic”, “cadmium”, “nickel” and “benzo(a)pyrene” mean

the total content of these elements and compounds in the PM 10

fraction<

“the competent authority” means the Malta Environment and

Planning Authority as designated by the notice entitled Nomination

of the Malta Environment and Planning Authority as the competent

authority<

“fixed measurements” means measurements taken at fixed

sites either continuously or by random sampling, in accordance

with sub-regulation (4) of regulation 6 of the 2001 Regulations<

“lower assessment threshold” means a level specified in the

Second Schedule to these regulations below which the sole use of

modelling or objective estimation techniques shall be possible to

assess ambient air quality, in accordance with sub-regulation (3)

of regulation 6 of the 2001 Regulations<

“PM 10 ” means particulate matter, which passes through a size-

selective inlet as defined in MSA EN 12341 with a 50 % efficiency

cut-off at 10 ºm aerodynamic diameter<

“polycyclic aromatic hydrocarbons” means those organic

compounds, composed of at least two fused aromatic rings made

entirely from carbon and hydrogen<

“target value” means a concentration in the ambient air fixed

with the aim of avoiding, preventing or reducing harmful effects

on human health and the environment as a whole, to be attained

where possible over a given period<

“total or bulk deposition” means the total mass of pollutants

which is transferred from the atmosphere to surfaces (e.g. soil,

vegetation, water, buildings, etc.) in a given area within a given

time<

“total gaseous mercury” means elemental mercury vapour

(Hg 0 ) and reactive gaseous mercury, i.e. water-soluble mercury

species with sufficiently high vapour pressure to exist in the gas

phase<

“upper assessment threshold” means a level specified in the

Second Schedule to these regulations below which a combination

of measurements and modelling techniques may be used to assess

ambient air quality, in accordance with sub-regulation (2) of

regulation 6 of the 2001 Regulations.

(2) The definitions in the 2001 Regulations, with the

exception of the definitions “competent authority” and “target value”,

shall apply.

(1) As from 31 December 2012, concentrations of arsenic, Target values.

cadmium, nickel and benzo(a)pyrene, used as a marker for the

carcinogenic risk of polycyclic aromatic hydrocarbons, in ambient air,

as assessed in accordance with regulation 5, shall not exceed the target

values laid down in the First Schedule.

(2) The competent authority shall take all necessary

measures not entailing disproportionate costs in order to achieve the

objective in regulation 4(1). For this purpose, the competent authority

shall, prior to 31 December 2012, engage in a consultation exercise

with all interested stakeholders.

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

and agglomerations in which the levels of arsenic, cadmium, nickel

and benzo(a)pyrene are below the respective target values. Levels of

these pollutants in these zones and agglomerations shall be maintained

below the respective target values and the competent authority shall

endeavour to preserve the best ambient air quality, compatible with

sustainable development.

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

agglomerations where the target values laid down in the First Schedule

are exceeded. For such zones and agglomerations, the competent

authority shall specify the areas of exceedance and the sources

contributing thereto. In the areas concerned, the competent authority

shall demonstrate the application of all necessary measures not entailing

disproportionate costs, directed in particular at the predominant emission

sources, in order to attain the target values. In the case of industrial

installations covered by the Integrated Pollution Prevention and Control

Regulations, 2002 this means the application of BAT as defined by L.N. 234 of 2002.

regulation 2 of these regulations.

(1) Ambient air quality with respect to arsenic, cadmium, Assessment of

nickel and benzo(a)pyrene shall be assessed throughout the territory of ambient

concentrations and

Malta.

deposition rates.

(2) In accordance with the criteria referred to in sub-

regulation (7), measurement is mandatory in the following zones>

(a) zones and agglomerations in which levels are between

the upper and the lower assessment threshold, and

(b) other zones and agglomerations where levels exceed the

upper assessment threshold.

The measurements provided for may be supplemented by modelling

techniques to provide an adequate level of information on ambient air

quality.

(3) A combination of measurements, including indicative

measurements as referred to in the Fourth Schedule, Section I, and

modelling techniques may be used to assess ambient air quality in zones

and agglomerations where the levels over a representative period are

between the upper and lower assessment thresholds, to be determined

pursuant to the Second Schedule, Section II.

(4) In zones and agglomerations where the levels are below

the lower assessment threshold, to be determined pursuant to the Second

Schedule, Section II, the sole use of modelling or objective estimation

techniques for assessing levels shall be possible.

(5) Where pollutants have to be measured, the measurements

shall be taken at fixed sites either continuously or by random sampling.

The number of measurements shall be sufficient to enable the levels to

be determined.

(6) The upper and lower assessment thresholds for arsenic,

cadmium, nickel and benzo(a)pyrene in ambient air shall be those laid

down in Section I of the Second Schedule. The classification of each

zone or agglomeration for the purposes of this regulation shall be

reviewed at least every five years in accordance with the procedure laid

down in Section II of the Second Schedule. Classification shall be

reviewed earlier in the event of significant change in activities relevant

to concentrations of arsenic, cadmium, nickel and benzo(a)pyrene, in

ambient air.

(7) The criteria for determining the location of sampling

points for the measurement of arsenic, cadmium, nickel and

benzo(a)pyrene in ambient air in order to assess compliance with the

target values shall be those listed in Sections I and II of the Third

Schedule. The minimum number of sampling points for fixed

measurements of concentrations of each pollutant shall be as laid down

in Section IV of the Third Schedule, and they shall be installed in each

zone or agglomeration within which measurement is required if fixed

measurement is the sole source of data on concentrations within it.

(8) To assess the contribution of benzo(a)pyrene in ambient

air, the competent authority shall monitor other relevant polycyclic

aromatic hydrocarbons at a limited number of measurement sites. These

compounds shall include at least>

benzo(a)anthracene,

benzo(b)fluoranthene,

benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-

cd)pyrene, and dibenz(a,h)anthracene. Monitoring sites for these

polycyclic aromatic hydrocarbons shall be co-located with

sampling sites for benzo(a)pyrene and shall be selected in such a

way that geographical variation and long-term trends can be

identified. Sections I, II and III of the Third Schedule shall apply.

(9) Irrespective of concentration levels, one background

sampling point shall be installed for the indicative measurement, in

ambient air, of arsenic, cadmium, nickel, total gaseous mercury,

benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred

to in sub-regulation 8 and of the total deposition of arsenic, cadmium,

mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic

hydrocarbons referred to in sub-regulation 8. Where appropriate,

monitoring shall be co-ordinated with the European Monitoring and

Evaluation of Pollutants (EMEP) monitoring strategy and measurement

programme. The sampling sites for these pollutants shall be selected in

such a way that geographical variation and long-term trends can be

identified. Sections I, II and III of the Third Schedule shall apply.

(10) The use of bio indicators may be considered where

regional patterns of the impact on ecosystems are to be assessed.

(11) For zones and agglomerations within which

information from fixed measurement stations is supplemented by

information from other sources, such as emission inventories, indicative

measurement methods and air quality modelling, the number of fixed

measuring stations to be installed and the spatial resolution of other

techniques shall be sufficient for the concentrations of air pollutants to

be established in accordance with Section I of the Third Schedule and

Section I of the Fourth Schedule.

(12) Data quality objectives are laid down in Section I of

the Fourth Schedule. Where air quality models are used for assessment,

Section II of the Fourth Schedule shall apply.

(13) The reference methods for the sampling and analysis

of arsenic, cadmium, mercury, nickel and polycyclic aromatic

hydrocarbons in ambient air shall be as laid down in Sections I, II and

III of the Fifth Schedule. Section IV of the Fifth Schedule sets out

reference techniques for measuring the total deposition of arsenic,

cadmium, mercury, nickel and the polycyclic aromatic hydrocarbons

and Section V of the Fifth Schedule refers to reference air quality

modelling techniques when such techniques are available.

(1) The competent authority shall ensure that clear and

comprehensible information is accessible and 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 populations and other relevant

healthcare bodies, on ambient air concentrations of arsenic, cadmium,

mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic

hydrocarbons referred to in regulation 5(8) as well as on deposition

rates of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the

other polycyclic aromatic hydrocarbons referred to in regulation 5(8).

(2) The information shall also indicate any annual

exceedance of the target values for arsenic, cadmium, nickel and

benzo(a)pyrene laid down in the First Schedule. The information shall

give the reasons for the exceedance and the area to which it applies. It

shall also provide a short assessment in relation to the target value and

appropriate information regarding effects on health and impact on the

environment. Information on any measures taken pursuant to regulation

4 shall be made available to the organisations referred to in sub-

regulation 1 of this regulation.

(3) The information shall be made available by means of,

for example, Internet, press and other easily accessible media.

A person shall be guilty of an offence under these regulations

if>

(a) he fails to comply with any measure adopted by the

competent authority pursuant to regulation 4 of these regulations,

or fails to comply with any relevant permit conditions or with any

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

or

(b) he contravenes any restriction, prohibition or

requirement imposed by the competent authority pursuant to

regulation 4 of these regulations.

Any person who commits an offence against these regulations Penalties.

shall, on conviction, be liable -

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

one thousand liri but not exceeding two thousand liri and where

applicable, the revocation of any relevant licence or permit<

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

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

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

both such fine and imprisonment and where applicable, the

revocation of any relevant licence or permit.