Ilona Jancarova
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A/ Regulation of sources of pollution ELV, NEC
B/ Regulation of air quality AQLV
*
National air pollution control
programmes
A/ Regulation of sources of pollution
*Directive 2016/2284/EU on the reduction of
national emissions of certain atmospheric pollutants
*Directive 2001/81/EC, on National Emission
Ceilings (NECD) repealed
*
The objective:
*to limit emissions of acidifying and eutrophying pollutants and ozone
precursors in order to improve the protection of the environment
and human health in the EU
Directive sets national reduction commitments for five pollutants:
*SO2
*NOx
*VOC
*NH3 (ammonia)
*PM 2,5
Member State NH3 reduction compared with 2005 PM2,5 reduction compared with
2005
For any year
from 2020 to
2029
For any year
from 2030
For any year
from 2020 to
2029
For any year
from 2030
Belgium 2 % 13 % 20 % 39 %
Bulgaria 3 % 12 % 20 % 41 %
Czech Republic 7 % 22 % 17 % 60 %
Denmark 24 % 24 % 33 % 55 %
Germany 5 % 29 % 26 % 43 %
Estonia 1 % 1 % 15 % 41 %
Greece 7 % 10 % 35 % 50 %
Spain 3 % 16 % 15 % 50 %
France 4 % 13 % 27 % 57 %
Croatia 1 % 25 % 18 % 55 %
Ireland 1 % 5 % 18 % 41 %
Italy 5 % 16 % 10 % 40 %
Cyprus 10 % 20 % 46 % 70 %
Latvia 1 % 1 % 16 % 43 %
Lithuania 10 % 10 % 20 % 36 %
*Emission limit values
Best available technology
The national emission ceilings/commitments are to be attained
through reductions of the emissions of various sources:
*industrial plants (e.g. energy generation, waste incineration)
- Directive 2010/75 on idustrial emissions (IED)
*medium sized combustion plants
- Directive 2015/2193
*mobile sources (cars, boats, aircrafts)
*agricultural sources
Pollutant Solid
biomass
Other solid
fuels
Gas oil Liquid
fuels other
than gas oil
Natural gas Gaseous
fuels other
than
natural gas
SO2 200 (
19
) 400 — 350 (
20
) — 35 (
21
) (
22
)
NOx 300 (
23
) 300 (
23
) 200 300 (
24
) 100 200
Dust 20 (
25
) 20 (
25
) — 20 (
26
) — —
Emission limit values for new medium combustion plants
Table 1
Emission limit values (mg/Nm) for new medium combustion plants other than
engines and gas turbines
*
Large sources of pollution IPPC permits (IEDirective)
Medium combustion plants Directive 2015/2193:
*Flexibility for MSs to permit and register or only register
*New MCP: to be permitted or registered before operation
*Existing MCP: to be permitted or registered
• > 5 MW: by 1 January 2024
• ≤ 5 MW: by 1 January 2029
*Authorities in Member States shall hold a register with
information on each MCP (publicly available)
*
*Periodic measurements (by operator) of
emissions of polluting substance.
*Continuous measurements may be required.
*Alternatives allowed in some cases.
*Air quality plans
Air Quality limit values
*Directive 2016/2284/EU on the reduction of
national emissions of certain atmospheric pollutants
*Directive 2010/75 on Emissions from industrial
installations (IED) and others
*Directive 2008/50/EC on ambient air quality and
cleaner air for Europe
*Directive 2004/107/EC relating to arsenic,
cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons in ambient air
*
Member States are obligated:
*to establish zones and agglomerations in their territory
*to ensure a good quality of the ambient air (e.g. not to
exceed limit values) throughout all zones and
agglomerations
*to establish air quality plans for zones and
agglomerations where the levels of pollutants in ambient
air exceed the limit value plus relevant margin of
tolerance (AQPs)
*
*Air quality plans are regarded to SO2, NO2, benzene,
carbon monoxide, lead, PM10,(limit values) and PM2,5
(target value).
*Consistency with other plans must be ensured.
*Information to be included in AQPs are delimited in
section A of the Annex XV of the Directive.
*Air quality plans must set out appropriate measures,
so that the exceedance period can be kept as short
as possible.(Art. 23.1)
*How to implement the Art. 23.1?
*What measures are „appropriate“ ?
*What time period is “as short as possible”?
*What are the criteria to assess planned measures?
*What is the relation of AQPs to other regulatory
instruments?
*What is the relation of Art. 23.1 to Art. 13.1?
*C- 28/09 Commission v. Austria
*C- 488/15 Commission v. Bulgaria
*C- 336/16 Commission v. Poland
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*AIR QUALITY PLAN (Prague Agglomeration)
*Measures to reduce the impact of the traffic on the
air quality discrepancy with projected activity
*
*Air Protection Authorities(APAs) are bound by the limit
values for the concentration of main pollutants (SO2,
NOx, CO, benzene, PM10, PM2,5 and lead) in the
ambient air in their decision-making.
*APAs are entitled to depart from this rule only if
adequate compensatory measures are proposed in the
project.
*APAs must not permit the operation of the source of
pollution prior to realization of projected compensatory
measures.
*
*Regional emission ceilings must be incorporated into
the AQPs; APAs have to respect emission ceilings set
for the given region/agglomeration in their decision-
making.
*APAs are entitled to set conditions in the permit to
carry out the activity.
*Air Protection Authorities (APAs) are obligated to
come out of Air Quality Plans (AQPs) and of
concentrations of polluting substances in ambient
air
*
*APAs are bound by the AQ limit values
*To „come out of AQP“ AQP measures are
binding
*The building with the parking lot may be permitted
on condition that compensatory measures will be
carried out to minimize the pollution.
*no increments to existing pollution,
*reduction of pollution - gradual (AQP are taken
into account) - consideration of other interests.
*
*In exercising discretion the Member States should, in
addition to the aim of minimizing the exceedance, also
take into account the balance which must be
maintained between that objective and the various
opposing public and private interests (C-237/07 (46))
*The air quality plans under Article 23(1) of Directive
2008/50 can also be adopted only on the basis of a
balance of interests. (Commission v. Bulgaria, Juliane
Kokott, 2016)
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The Municipal Court in Prague, Case 11A 84/2016:
*2 NGOs and Mr. B. took the MOE of the CR to the Court
*AQP for Ostrava-Karviná agglomeration does not include
air pollution reduction measures capable to achieve EU
AQLV so that the exceedance period can be kept as short
as possible.
*declared that AQP is a conception document which was
subject to SEA,
*denied to review expert findings,
*dismissed the case.
COURT
*
*The AQP must demonstrate how conformity with
the limit values will be achieved.
*The duty not to exceed limit values is based on
Art. 13.1.
*To verify the effectiveness of AQPs, Commission
relies on air monitoring data
*AQPs are part of the whole system of legal tools;
their significance should not be exaggerated!
*The interpretation of Art. 23.1 is difficult.
*
*The latest Amendment to the Air Protection Act
granted APAs the right to enter private homes to
check small stationary sources of pollution.
*This was considered as the breach of constitutional
right ensuring „untouchable inhabitation“ by many.
*Constitutional Court denied the proposal for
derogation of that part of the Air Protection Act in
July 2017
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*Short term action plans - for zones or agglomerations,
where is a risk that the levels of pollutants will exceed
one or more of the alert thresholds specified in Annex
XII:
*measures to be taken in the short term in order to
reduce the risk or duration of such an exceedance
*action plans provide for effective measures to control
and, where necessary, suspend activities which
contribute to the risk of the respective limit values or
target values or alert threshold being exceeded
* must be made public
Ilona.Jancarova@law.muni.cz
*