AIR POLLUTION BY OZONE REGULATIONS

SUBSIDIARY LEGISLATION 549.11

AIR POLLUTION BY OZONE REGULATIONS

28th June, 2002

LEGAL NOTICE 215 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Air Pollution by Ozone

Regulations.

For the purpose of these regulations and unless the context

otherwise requires

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection 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 a

competent authority for different provisions and different purposes

of these regulations;

"health protection threshold" means the ozone concentration

value given in Annex I, point 1, which shall not be exceeded if

human health is to be safeguarded in the event of prolonged

pollution episodes;

"population information threshold" means the ozone

concentration value given in Annex I, point 3, beyond which there

are limited, temporary effects on human health in the event of short

exposure of particularly sensitive sections of the population and at

which steps shall be taken by the competent authority as laid down

in these regulations;

"population warning threshold" means the ozone concentration

value given in Annex I, point 4, beyond which there is a risk to

human health in the event of short exposure and at which steps

shall be taken by the competent authority as laid down in these

regulations;

"vegetation protection thresholds" means the ozone

concentration values given in Annex I, point 2, beyond which

vegetation may be affected.

The purpose of these regulations is to establish a

harmonised procedure for monitoring, exchanging information,

informing and warning the population with regard to air pollution

by ozone in order to enable the competent authority to obtain wider

knowledge of this form of air pollution, optimise the action needed

to reduce ozone formation and guarantee a minimum amount of

public information where concentration thresholds as referred to in

points 3 and 4 of Annex I are exceeded.

The competent authority shall co-ordinate the

implementation of the harmonised procedure set out in regulation

3.

The competent authority shall where appropriate designate

or establish measuring stations to supply the data necessary for the

implementation of these regulations. The number and the location

of these stations shall be determined by the competent authority in

compliance with Annex II.

(1) For the measurement of ozone concentrations, the

competent authority or the measuring stations shall use

(a) either the reference method specified in Annex V;

(b) or any other method of analysis shown to produce

measurement results equivalent to those obtained

using the reference method.

(2) The competent authority shall designate one or more

laboratories responsible for evaluating the method used at national

level in relation to the reference method mentioned in these

regulations.

(3) The competent authority shall organise at national level

inter-comparisons between laboratories taking part in the collection

and analysis of the data.

In the event of the values given in Annex I, points 3 and 4,

being exceeded, the competent authority shall take the necessary

steps for the public to be informed in accordance with Annex IV.

Any person shall be guilty of an offence under these

regulations if

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

regulations 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 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 provisions 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

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

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

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37) but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75), or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further 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 public entities

andlor other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

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

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be taken 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) Notwithstanding 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.

Annexes I to V to these regulations are being published in

the English language with the English text of these regulations.

ANNEX I

THRESHOLDS FOR OZONE CONCENTRATIONS IN THE AIR ( * )

(The values are expressed in µg 03/m 3 . The volume must be standardised at the

following conditions of temperature and pressure: 293 oK and 101,3 kPa)

1. Health protection threshold

110 µg/m 3 for the mean value over eight hours ( † )

2. Vegetation protection thresholds

200 µg/m 3 for the mean value over one hour

65 µg/m 3 for the mean value over 24 hours

3. Population information threshold

180 µg/m 3 for the mean value over one hour

4. Population warning threshold

360 µg/m 3 for the mean value over one hour

ANNEX II

MONITORING OF OZONE CONCENTRATIONS

1. The purpose of measuring ozone concentrations in ambient air is to assess

(i)

as closely as possible the individual risk of exposure of human beings to

values in excess of the health protection thresholds;

(ii) the exposure of vegetation (e.g. forests, natural ecosystems, crops,

horticulture) to the values given in Annex I.

2. The measurement points shall be

located

at

geographically

and

climatologically representative sites where

(i)

the risk of approaching or exceeding the thresholds laid down in Annex

I is the highest;

(ii) it is likely that one of the targets referred to in paragraph 1 is exposed.

At places where the competent authority does not have information concerning the

sites referred to in (i) and (ii), they shall carry out indicative measurement

programmes in order to determine the siting of the measurement points to supply the

data necessary for the implementation of these regulations.

3. The competent authority shall establish or designate additional measurement

points in order to

(i)

contribute towards the identification and description of the formation

and transport of ozone and its precursors,

(ii) monitor changes in ozone concentrations in areas affected by

background pollution.

*Concentrations must be measured continuously.

†The mean over eight hours is a non-overlapping moving average; it is calculated four times a day from the

eight hourly values between 0 and 9.00, 8.00 and 17.00, 16.00 and 1.00, 12.00 and 21.00. For the

information to be provided pursuant to regulation 8(1), first indent, the mean over eight hours is a simple

moving average, calculated each hour h from the eight hourly values between h and h-9.

Mandatory measurement of oxides of nitrogen and that recommended for volatile

organic compounds shall be earned out in order to provide information on ozone

formation, to monitor trans-boundary flows of volatile organic compounds and to

make it possible to identify links between the different pollutants.

4. The final reading of the ozone measurement instruments shall be earned out

in such a way that the mean values over one hour and eight hours can be calculated,

in accordance with Annexes I and III.

ANNEX III

CALCULATION OF THE MEASUREMENT RESULTS

FOR THE ANNUAL REFERENCE PERIOD

1. Concentrations shall be measured continuously.

2. The annual reference period shall begin on 1 January and end on 31

December in any given calendar year.

For the validity of the calculation of the percentiles ( * ) to be recognised,

3. 75% of the possible values shall be available and, as far as possible, distributed

uniformly throughout the period in question for the particular measurement site. If

that is not the case, this fact shall be mentioned when the results are communicated.

The calculation of the 50th (98th) percentile on the basis of the values recorded

throughout the year shall be carried out as follows: the 50th (98th) percentile shall be

calculated from the values actually measured. The measured values must be rounded

off to the nearest íg/m 3 . All the values are to be listed in increasing order for each

site

X 1 < X 2 < X 3 < ............... < X k < ............... < X N·1 < X N·

The 50th (98th) percentile is the value of k, to be calculated from the following

formula

k = 0,50(0,98)·N

N being the number of values actually measured. The value of 0,50(0,98)·N shall

be rounded off to the nearest whole number.

ANNEX IV

The following information shall be circulated on a sufficiently large scale as soon

as possible to enable the population concerned to take all appropriate preventive

protective action. The information in question shall be communicated to the media.

List of minimum details to be supplied to the public in the event of the occurrence

of high ozone levels in the air

1. Date, hour and place of the occurrence of concentrations in excess of the

thresholds defined in Annex I, points 3 and 4.

2. Reference to the type(s) of European Union values exceeded (information or

warning).

*The median must be calculated as the 50th percentile.

Forecasts

-

change in concentrations (improvement, stabilisation or deterioration),

-

geographical area concerned,

-

duration.

4. Population concerned.

5. Precautions to be taken by the population concerned.

ANNEX V

REFERENCE METHOD OF ANALYSIS TO BE USED FOR THE PURPOSES

OF THESE REGULATIONS

The reference method of analysis to be used in the context of these regulations to

determine ozone is the UV absorption method. This method is being standardised by

the ISO. Once the latter has published the standard in question, the method described

therein shall constitute the reference method in these regulations.

The following points shall be taken into consideration when the measurement

methods and instruments are used by the competent authority in the field

1. the conformity of the operating characteristics of the measurement

instrument with those indicated by the manufacturer, in particular background noise,

response time and linearity, shall be verified initially in the laboratory and in the

field;

2. the instrument shall be totally calibrated regularly, using a reference W

photometer as recommended by the ISO;

3. in the field, the instruments shall be calibrated regularly, e.g. every 23 or 25

hours. In addition, the validity of the calibration shall be verified by regularly

operating in parallel an instrument calibrated in accordance with paragraph 1.

If the instrument inlet filter is changed before calibration, calibration shall be

earned out after an appropriate period of exposure (from 30 minutes to several

hours) of the filter to ambient ozone concentrations;

4. the sampling head shall be placed at least lm away from vertical screens in

order to avoid any screening effect;

5. the sampling head opening shall be protected against rain and insects.

No pre-filter shall be used;

6. sampling shall not be influenced by adjoining installations (air-conditioning

or data transmission equipment);

7. the sampling line shall be of inert material (e.g. glass, PTFE, stainless steel)

which is not affected by the presence of ozone. It must be exposed beforehand to

appropriate ozone concentrations;

8. the sampling line between the sampling head and the analysis instrument

shall be as short as possible. In particular, the time taken for the gas volume sample

to pass through the sampling line must be as short as possible (e.g. of the order of a

few seconds in the presence of other reagents such as NO);

9. condensation in the sampling line shall be avoided;

10. the sampling line shall be cleaned regularly, taking local conditions into

account;

11. the sampling line shall be tight and the flow rate must be inspected

regularly;

sampling shall not be influenced by gas discharges from the instrument or

from the calibration system;

all necessary precautions shall be taken to prevent temperature variations

from producing measurement errors.