33 tal-2015 - Regolamenti tal-2015 li jemendaw ir-Regolamenti dwar il-Kwalità tal-Arja tal-Madwar

L.N. 33 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Ambient Air Quality (Amendment) Regulations, 2015

BY VIRTUE of the powers conferred by articles 2, 61, 64 and

66 of the Environment and Development Planning Act, the Minister

for Sustainable Development the Environment and Climate Change,

in consultation with the Malta Environment and Planning Authority,

has made the following regulations

(1)

The title of these regulations is the Ambient Air

Quality (Amendment) Regulations, 2015, and these regulations shall

be read and construed as one with the Ambient Air Quality

Regulations, hereinafter referred to as "the principal regulations".

(2) These regulations jointly, with the principal regulations,

transpose Directive 2004/107/EC of the European Parliament and of

the Council of 15 December 2004 relating to arsenic, cadmium,

mercury and nickel and polycyclic aromatic hydrocarbons in ambient

air and Directive 2008/50/EC of the European Parliament and of the

Council of 21 May 2008 on ambient air quality and cleaner air for

Europe.

In regulation 2 of the principal regulations the definition of

"combustion plant" shall be substituted by the following

" "combustion plant" means any technical apparatus, in

which fuels are oxidised in order to use the heat thus generated

and which has a rated thermal input ≥ 1MW but < 50MW;".

Sub-regulation (1) of regulation 3 of the principal

regulations shall be amended as follows

(a)

paragraphs (c) and (d) thereof shall be substituted

by the following

"(c) for the analysis of assessment methods;

(d) for the coordination of Community-wide

quality assurance programmes organised by the European

Commission;";

(b)

immediately

after

paragraph

(d)

thereof

as

amended there shall be added the following new paragraphs

"(e) for cooperating with other Member States and

with the European Commission;

(f) for the approval of measurement systems

(methods, equipment, networks and laboratories).".

Sub-regulation (5) of regulation 25 of the principal Amends

regulation 25 of

regulations shall be substituted by the following

the principal

regulations.

"(5)

The levels of ozone in ambient air shall be kept

below the long-term objectives in sub-regulation (2) in those

zones and agglomerations in which the levels of ozone in

ambient air meet these long-term objectives, taking into

consideration the transboundary nature of ozone pollution and

meteorological conditions. The best ambient air quality

compatible with a high level of environmental and human health

protection shall be preserved.".

Regulation 27 of the principal regulations shall be Amends

regulation 27 of

substituted by the following

the principal

regulations.

"27. (1) Combustion plants in operation prior to the

coming into force of these regulations shall register with the

competent authority, within six months from the date of

publication of these regulations in the Gazette. Combustion

Plants in operation thereafter, shall register not later than six

months after the commencement of operations.

(2)

Without prejudice to thresholds set by the

definition in regulation 2, combustion plants operated on

commercial premises may be required to register if in the

judgement of the competent authority, the significance of

environmental impact of the activity carried out on the same

premises, is sufficiently high.

(3)

Combustion plants registered under sub-

regulations (1) and (2) shall forward to the competent authority

any information which in the judgement of the competent

authority is considered to be relevant.".

Regulation 28 of the principal regulations shall be Amends

regulation 28 of

substituted by the following

the principal

regulations.

"28. (1) The minimum chimney heights for the

installations within the scope of regulation 27 shall not be less

than those calculated according to the guidelines issued by the

competent authority

Provided that the chimney height shall in no case

be less than 3 meters above roof level and 3 m above any

habitable floor within a 25 m radius.

(2)

The combustion plants listed below are exempt

from compliance with minimum chimney heights

(a) Combustion within residential areas or within

a 25 metre radius of a residential area if they are operated

for up to 50 hours per annum and if the fuel used is

gaseous.

(b) Combustion plants operating for up to 500

hours per annum if they are situated in an exclusively non-

residential area and if the fuel used is either a gas or else a

liquid conforming to EN 590 as a minimum.

(3)

The provisions of sub-regulations (1) and (2) may

be reviewed by the competent authority on a case by case basis

and provided that this review does not lead to an exceedances of

the limit values or target values in Schedule 7.".

Sub-regulation (1) of regulation 31 of the principal

regulations shall be substituted by the following

In order to assess compliance with the limit values,

target values, long-term objectives and the national exposure

reduction target in Schedule 7 the competent authority shall

compile an air quality report on a yearly basis. The report shall

be due on the 31st November of each subsequent year.".

Regulation 32 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following

"(1) The Minister shall, upon the competent

authority’s advice, declare an Air Quality Management

Area wherever

(a) the limit values, target values, long term

objectives or the national exposure reduction target in

Schedule 7, are not being achieved, keeping in mind the

dates by when the limit values, target values, long term

objectives or the national exposure reduction target are to

be achieved;

(b) it is forecasted, through the use of predictive

modelling software that the limit values, target values,

long term objectives or the national exposure reduction

target in Schedule 7 to these regulations, will be

exceeded.";

(b)

sub-regulation (3) thereof shall be substituted by

the following

"(3)

An order made under sub-regulation (2) may be

revoked if as a result of a subsequent air quality assessment it is

shown that the limit values, target values, long term objectives

and the national exposure reduction target in Schedule 7 are

being achieved in a location which had been previously

designated as an Air Quality Management Area under sub-

regulation (1).".

Regulation 33 of the principal regulations shall be Amends

regulation 33 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by

the following

"(1) Where an order under regulation 32(2) comes

into effect, the competent authority shall, before the

expiration of the twelve month period beginning with the

publication of the order in the Gazette, prepare an Air

Quality Action Plan for the area in question, which shall

aim to keep the exceedance period as short as possible.";

(b)

sub-regulation (3) thereof shall be substituted by

the following

"(3) The Action Plans compiled under sub-

regulation (1) shall also include all those measures

necessary in order to ensure that the limit values, target

values, long term objectives or the national exposure target

in Schedule 7 will be complied within the area in question.

Action plans shall contain measures which can, through

the use of predictive modelling software amongst other

techniques, be shown to cause a decrease in the ambient

levels of the pollutants concerned in the area in question,

and may include amongst other things

(a) the restriction or rerouting of traffic flows;

(b) temporary bans on the passage of heavy

goods vehicles not compliant with certain Euro

Standards (to be determined by modelling);

(c) temporary suspension of any commercial or

industrial activity having an adverse effect on air

quality, such as stone quarrying, stone cutting and

polishing, and industrial plants, among others;

(d) measures in relation to ships at berth in

nearby ports;

(e) time-limits on the granting of development

planning permits; and

(f) suspension of any construction works in the

area.";

(c)

immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) If the air quality action plan in sub-regulation

(1) is triggered by an exceedance of the environmental

quality objectives in sub-regulation (3) for more than 1

pollutant then the competent authority shall prepare and

implement an integrated air quality action plan targeting

all the pollutants concerned.".

Sub-regulation (2) of regulation 36 of the principal

regulations shall be substituted by the following

"(2)

The Short Term Air Quality Action plan shall take

into account Decision 2004/279/EC and shall indicate the

measures to be taken in order to reduce the risk or duration of

the exceedances in sub-regulation (1).".

Paragraph (d) of sub-regulation (1) of regulation 40 of the

principal regulations shall be substituted by the following

"(d)

air quality plans as provided for in Articles 22(1),

23 and the programmes referred to in Article 17(2) of Directive

2008/50/EC of the European Parliament and of the Council of

the 21 May 2008 on ambient air quality and cleaner air for

Europe 1 and regulations 33(1) and 36(1) as well as the

programme in regulation 25(3).".

Immediately after regulation 40 there shall be added the

following new regulation

(1) Where any alert threshold, limit

value, target value or long-term objective is exceeded

due to significant transboundary transport of air

pollutants or their precursors from neighbouring EU

Member States, the competent authority shall contact

the competent authorities within the concerned

Member States in order to initiate the process in

Article 25(1) of Directive 2008/50/EC, the aim of

which is to cooperate and, where appropriate, draw

up joint activities, such as the preparation of joint or

coordinated air quality plans pursuant to Article 23 of

Directive 2008/50/EC in order to remove such

exceedances through the application of appropriate

but proportionate measures.

(2) The competent authority shall, if

appropriate, pursuant to Article 24 of the Directive

approach the competent authorities within the

neighbouring Member States in order to prepare and

contribute to the implementation of joint short-term

action plans covering neighbouring zones in other

Member States. The competent authority shall ensure

that neighbouring zones in other Member States

which have developed short-term action plans receive

all appropriate information.

(3) Where the information threshold or alert

thresholds are exceeded in zones or agglomerations

close to national borders, information shall be

provided as soon as possible to the competent

authorities in the neighbouring Member States

concerned. That information shall also be made

available to the public.

(4) In drawing up plans as provided for in sub-

regulations (1) and (2) and in informing the public as

referred to in sub-regulation (3), the competent

authority shall, where appropriate, endeavour to

pursue cooperation with third countries, and in

particular with candidate countries.".

13. Schedule 5 to the principal regulations shall be amended as Amends

(a)

the heading "Diffuse sources" found in Section A

of Schedule 5 shall be substituted by the heading "Point

sources";

(b)

footnote (2) of the table under the heading Point

Sources as amended shall be substituted by the following

"(2) Where PM2,5 and PM10 are measured in

accordance with regulation 18 at the same monitoring

station, these shall count as two separate sampling points.

The total number of PM2,5 and PM10 sampling points in a

Member State required under Section A(1), shall not differ

by more than a factor of 2, and the number of PM2,5

sampling points in the urban background of

agglomerations and urban areas shall meet the

requirements under paragraph II of Schedule 5A.".

14. Schedule 7 to the principal regulations shall be amended as

(a)

item 1 of Section DI thereof shall be substituted by

the following

"1.

Definitions

AOT40 (expressed in (µg/m 3 ) · hours) means the sum of

the difference between hourly concentrations greater than

80 µg/m 3 (= 40 parts per billion) and 80 µg/m 3 over a given

period using only the one-hour values measured between 8.00

and 20.00 Central European Time (CET) each day.";

(b)

Section DII of Schedule 7 thereof shall be

substituted by the following

"II.

Target Values

Date by which

Objective

Averaging Period

Target Value

target value should

be meet ( 1 )

120μg/m 3 not to

Protection of

Maximum daily

1.1.2010

be exceeded on

human health

eight-hour

mean

( 2 )

more than 25 days

per calendar year

averaged over

three years ( 3 )

Protection of

May to July

AOT40

1.1.2010

(calculated from 1

h values).

18,000

μg/m 3 .hr averaged

over five years( 3 )

( 1 ) Compliance with target values will be assessed as of this date. That is,

2010 will be the first year the data for which is used in calculating compli-

ance over the following three or five years, as appropriate.

( 2 ) The maximum daily eight-hour mean concentration shall be selected by

examining eight-hour running averages, calculated from hourly data and

updated each hour. Each eight-hour average so calculated shall be assigned

to the day on which it ends. i.e. the first calculation period for any one day

will be the period from 17:00 on the previous day to 01:00 on that day; the

last calculation period for any one day will be the period from 16:00

to 24:00 on the day.

( 3 ) If the three or five year averages cannot be determined on the basis of a full

and consecutive set of annual data, the minimum annual data required for

checking compliance with the target values will be as follows

— for the target value for the protection of human health: valid data for

one year,

— for the target value for the protection of vegetation: valid data for

three years.".

15. Section B of Schedule 8 to the principal regulations shall Amends

be substituted by the following

"B. Information and Alert tresholds for ozone

Purpose

Averaging period

Threshold

180μg/m 3

Information

1 hour

1 hour ( 1 )

240μg/m 3

Alert

( 1 ) For the implementation of regulation 36, the exceedance of the threshold

is to be measured or predicted for three consecutive hours.".

16. Schedule 9 to the principal regulations shall be substituted Amends

by the following

"Critical Levels for the protection of vegetation

Averaging Period

Critical Level

Sulphur Dioxide

20μg/m 3

Calendar year and winter (1 October to

31 March)

Oxides of nitrogen

30μg/m 3 ."

Calendar year

17. Schedule 10 to the principal regulations shall be amended Amends

as follows

(a)

item 1 of Section B thereof shall be substituted by

the following

"B.

Demonstration of equivalence

It is possible to use any other method which is shown to

give results which are equivalent to any of the methods referred

to in Section A or, in the case of particulate matter, any other

method which displays a consistent relationship to the reference

method. In that event the results achieved by that method must

be corrected to produce results equivalent to those that would

have been achieved by using the reference method.";

(b)

item E of Section B thereof shall be substituted by

the following

"E.

Mutual recognition of data

In carrying out the type approval to demonstrate that the

equipment meets the performance requirements of the reference

methods listed in Section A, competent authorities and bodies

designated pursuant to Regulation 3 shall accept test reports

issued in any one of the other EU Member States by laboratories

accredited to EN ISO 17025 for carrying out such testing.".

€0.81