Key Benefits:
Council Directive 96 /62/EC of 27 September 1996 on the assessment and management of air quality changes the rules previously existing at Community level, on the basis of the recommendation to establish air quality objectives as set out in the Fifth Environmental Action Programme. This amendment is due to a general approach to the assessment of air quality itself, by adopting criteria for the use and accuracy of assessment techniques, as well as the definition of quality objectives to be achieved. through proper planning.
This general approach, which requires development in relation to the various pollutants to maintain good air quality and to improve air quality when necessary, has been implemented in the Council Directive 1999 /30/EC of 22 April 1999 on the limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (as amended by Commission Decision 2001 /744/EC of 17 May 1999) (October), as well as in Directive 2000 /69/EC of the European Parliament and of the Council of 16 November 2000, on limit values for benzene and carbon monoxide in ambient air.
In our legal system, the existing regulation in relation to the pollutants regulated part of Law 38/1972, of 22 December, of protection of the atmospheric environment, developed by Decree 833/1975, of 6 of February. The incorporation of the previous Community legislation in the field was carried out, with successive adaptations, by Royal Decree 1613/1985 of 1 August, amending in part Decree 833/1975 of 6 February and laying down new air quality standards for sulphur dioxide pollution and particulate matter, as well as through Royal Decree 717/1987 of 27 May, which partially amends Decree 833/1975 of 6 February, and are set out in the new air quality standards for nitrogen dioxide and lead pollution. The mandatory transposition of the above Community rules implies an important revision of our sectorial regulation, which is particularly concrete in the corresponding regulatory provisions on air quality for the various pollutants.
The necessary legal basis of this Royal Decree is found in Law 38/1972 of 22 December of protection of the atmospheric environment, which requires the adoption of measures to maintain the quality and purity of the air, enabling the Government to determine the levels of immission, understanding for such the maximum tolerable limits of presence in the atmosphere of each pollutant, in isolation or associated with others in their case, and enabling the adoption of more emission levels (i) strict rules of general character when, even if these are properly observed and weighted circumstances, it considers that persons or property are directly and seriously injured or the general levels of non-mission are exceeded. Also, Law 14/1986 of 25 April, General of Health, confers on the State Administration, without prejudice to the powers of the Autonomous Communities, the determination, in general, of the methods of analysis and measurement and of the minimum requirements and conditions for the health control of the environment.
In line with the above, and in line with the aforementioned Community legislation, this Royal Decree includes provisions on the assessment and management of air quality which generally affect the quality of air quality. different pollutants, as well as particular precepts relating to each of these pollutants, by setting air quality objectives to be achieved, by appropriate planning, on the dates set with the determination of the corresponding limit values.
This should allow, on the basis of the assessment methods and criteria to be established, and for zones and agglomerations derived from limit values, the maintenance of air quality or their improvement where necessary, in accordance with the action plans to be taken, including, in addition, the most severe measures foreseen for episodes in which the alert thresholds set may be exceeded.
Finally, in addition to the information to be provided to citizens and organisations, the channels necessary to comply with Council Decision 97 /101/EC of 27 also are laid down by this Royal Decree. January 1997, establishing a reciprocal exchange of information and data from networks and stations isolated from the measurement of pollution in the Member States, as amended by Commission Decision 2001 /752/EC of 17 October 1997. Commission Decision 2001 /839/EC of 8 November 2001, as well as the Commission Decision 2001 /839/EC of 8 November 2001, establishing a questionnaire to be used for the submission of annual information on ambient air quality assessment in accordance with Council Directives 96 /62/EC and 1990 /30/EC. In this way, the formats and periodicity that allow for the treatment of information in a harmonised way are determined, with common methods and criteria.
In its virtue, on the proposal of the Ministers of the Environment and of Health and Consumer Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of October 18, 2002,
DISPONGO:
Article 1. Object.
This Royal Decree aims to define and set limit values and alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air; regulating the assessment, maintenance and improvement of air quality in relation to these substances, as well as information to the public and the European Commission. This is intended to prevent, prevent and reduce the harmful effects of controlled substances on human health and the environment as a whole.
Article 2. Definitions.
For the purposes of this Royal Decree:
a) "ambient air": the outer air of the troposphere, excluding workplaces.
(b) "Pollutant" means any substance introduced directly or indirectly by man in ambient air which may have harmful effects on human health or the environment as a whole.
(c) "Level" means the concentration of a pollutant in ambient air or its deposit on surfaces at a given time.
(d) "Assessment" means any method used to measure, calculate, predict or estimate the level of a pollutant in ambient air.
(e) "limit value" means a level that must not be exceeded on the basis of scientific knowledge, in order to prevent, prevent or reduce harmful effects on human health and the environment as a whole.
f) "Alert threshold": a level from which a short-term exposure poses a risk to human health.
g) "Tolerance margin": percentage of the limit value or amount in which it can be exceeded according to the conditions set.
h) "Zone": portion of territory.
i) "Aggregation": area with a population concentration of more than 250,000 inhabitants, or with a population density per km2 to justify the assessment and control of air quality by the Competent Administration environment.
j) "Nitrogen oxides": the sum, in parts per billion in volume of nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide in micrograms per cubic meter (µ g/m3).
k) "PM10": particles passing through a selective size head for an aerodynamic diameter of 10 (µ m with a cutting efficiency of 50 per 100.
l) "PM2.5": particles passing through a selective size head for a 2.5 µ m aerodynamic diameter with a cutting efficiency of 50 per 100.
m) "Upper assessment threshold": the level below which a combination of measurements and modelling techniques can be used to assess ambient air quality.
n) "Lower assessment threshold": the level below which it is possible to limit the use of modelling techniques or objective estimation techniques to assess ambient air quality.
n) "Natural phenomenon": volcanic eruptions, seismic or geothermal activities, forest fires, strong winds, atmospheric resuspension and the transport of natural particles from regions arid.
(o) 'Fixed measurements' means the measurements of pollutants in fixed places either continuously or by random sampling, the number of measurements being sufficient to determine the levels observed.
Article 3. Actions of public administrations.
1. The Autonomous Communities, within the scope of their respective powers, and the local authorities, where appropriate as provided for in Article 26 of Law 7/1985, of 2 April, regulating the Local Conditions of Employment, in Articles 41 and 42 of Law 14/1986 of 25 April, General of Health and in the legislation of the Autonomous Communities:
(a) Designate the competent bodies, laboratories, institutes or technical-scientific bodies responsible for the application of the standards on ambient air quality.
b) They will make data collection and assessment of the concentrations of regulated pollutants in their territorial scope, as well as the delimitation and classification of zones and agglomerations in relation to air quality. environment and the provision of information to the public.
c) Take the necessary measures to ensure that the concentrations of the regulated pollutants do not exceed the limit values and for the improvement of those concentrations, as well as the emergency measures for the the restoration of the concentrations of the regulated pollutants below the alert thresholds and shall communicate the information to the public in the event of their being exceeded.
2. The Ministry of the Environment, through the Directorate-General for Quality and Environmental Assessment, will adopt the coordination measures that, in application of this Royal Decree, will be necessary to facilitate the European Commission information derived from Community legislation and to carry out Community quality assurance programmes organised by the European Commission.
3. Public administrations shall exchange the relevant data and information for the assessment and correct management of air quality, and shall receive, in accordance with the requirements of established quality and technical control, how much data and information is sourced from other stations, operated by public administrations or private entities, monitoring and forecasting of air pollution.
When the level of a regulated pollutant is higher or there is a risk that it is higher than the limit value increased in the tolerance margin, or the alert threshold, as a result of significant contamination originating in another Member State of the European Union, the Autonomous Communities concerned shall notify the Ministry of Foreign Affairs for the necessary consultations between States to remedy the situation.
Article 4. Limit values and alert thresholds.
1. The limit values, tolerance margins and alert thresholds for ambient air concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide shall be as detailed, respectively, in Annexes I, II, III, IV, V and VI. The limit values shall not be exceeded from the dates set out in the Annexes cited above.
2. The Autonomous Communities shall draw up differentiated lists where the following zones and agglomerations are included:
a) Those in which the levels of the regulated pollutants are lower than their limit values.
(b) Those with the levels of one or more of the regulated pollutants falling within the limit values and those increased limit values in their margin of tolerance.
(c) Those where the limit value increased by one or more of the regulated pollutants is exceeded in the tolerance margin.
3. In addition, zones or agglomerations in which the limit values for sulphur dioxide are exceeded due to natural sources; zones or agglomerations where the limit values of PM10 particles are exceeded due to natural phenomena may be designated. vary considerably their background concentrations, as well as areas or agglomerations in which the limit values for PM10 particles are exceeded due to particulate resuspension due to the winter dumping of sand for the maintenance of the roads.
Article 5. Maintenance and improvement of ambient air quality.
1. Public administrations shall take the necessary measures to ensure compliance with the limit values for regulated pollutants, taking into account an integrated approach to the protection of the environment, which does not cause any effects. negative and significant on the environment of the other Member States of the European Union, and that legislation on the protection of the health and safety of workers in the workplace is not contravened.
2. In those areas or agglomerations where the levels of the regulated pollutants are lower than their limit values, the measures necessary to maintain this situation shall be taken so as to obtain the best air quality compatible with the sustainable development.
3. In cases where there is a risk of exceeding the limit values or of the alert thresholds, the competent authorities shall draw up preventive action plans setting out the measures to be taken in the short term. Such plans may provide, where appropriate, measures for the control or suppression of those activities which are significant in the risk situation, including motor vehicle traffic.
Article 6. Measures applicable in areas where the limit values are exceeded.
1. In areas and agglomerations where the levels of one or more of the regulated pollutants exceed their limit value increased by the tolerance margin or, if this is not established, the limit value, the competent authorities shall adopt action plans to achieve the limit values within the time limits set. These plans shall include all the pollutants concerned and shall contain at least the information referred to in Annex XII.
2. The action plans for PM PM10 will also aim to reduce PM particle concentrations2.5.
3. In areas or agglomerations where the limit values are exceeded, the obligation to implement action plans shall apply only where the exceeding of the limit values is due to anthropogenic emissions, other than the dumping of sand in period winter for the maintenance of the roads.
Article 7. Applicable measures when alert thresholds are exceeded.
When the alert thresholds are exceeded or expected to be exceeded, the competent authorities shall take the necessary emergency measures and inform the population of the levels recorded or planned and of the measures to be taken. The local authorities shall, where appropriate, inform the Administration of the Autonomous Community concerned.
Article 8. Assessment of ambient air quality.
1. The assessment of ambient air quality shall be carried out using either direct measurements, modelling or objective estimation techniques, or campaigns of representative measurements, investigations or assessments.
2. Direct measurements of air quality, in fixed locations and for regulated pollutants, shall be mandatory in the following cases:
(a) In the case of agglomerations and for those pollutants that have set the alert threshold.
b) In areas where the levels match or exceed the established higher assessment thresholds.
3. A combination of direct measurements and modelling techniques may be used if the detected levels, for a given pollutant, are between the lower and the higher assessment thresholds. If the air quality levels found for a particular pollutant are lower than the lower assessment threshold, only modelling or objective estimation techniques may be used.
Article 9. Measurements.
1. The upper and lower assessment thresholds, the location of the sampling points for the measurement of the concentrations of the different pollutants, the criteria for determining the minimum number of sampling points for the fixed measurement of the concentrations, the quality objectives of the data and the presentation of results, as well as the reference methods for the assessment of concentrations, shall be adjusted respectively to the content of Annexes VII, VIII, IX, X and XI.
2. The determination to exceed the upper and lower assessment thresholds for each zone or agglomeration shall be reviewed at least every five years in accordance with the procedure laid down in Annex VII (II). Such a review may take place prior to the establishment of significant changes in activities likely to have an impact on ambient air concentrations of the pollutants expressed.
3. In areas and agglomerations where the information provided by the fixed measurement stations is completed with information from other sources, such as emission inventories, indicative measurement methods and quality models air, the number of fixed measurement stations to be installed and the spatial resolution of the other techniques should be sufficient to allow for the determination of the concentrations of the regulated pollutants, in accordance with the provisions laid down in Annex VIII, paragraph I and in paragraph I of Annex X.
4. The concentrations of sulphur dioxide averaged over ten-minute periods, and up to 31 December 2003, shall be recorded at the measuring stations selected as representative of air quality in the areas where appropriate. (a) to be close to the sources in which the time concentrations are measured.
5. Measurement stations should be installed that provide representative data on PM PM concentrations2.5 and, where appropriate, allow PM sampling points2.5 to be located in the same place as the PM10sampling points.
Article 10. Information to be provided by the Autonomous Communities and local Entes.
The Administration of the Autonomous Communities and the local authorities will provide the Environmental Quality and Evaluation Directorate of the Ministry of the Environment with the task of reporting to the Commission. of the European Union, the information set out in Annex XIII.
Article 11. Information to the public.
1. Public administrations shall make available to the public information on the designations referred to in Article 3 (1) (a) of this standard.
2. Public administrations shall regularly make available to the public and interested organisations up-to-date information on concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, Benzene and carbon monoxide in ambient air. This information shall be provided through appropriate means of dissemination, such as radio, television, press, information screens or IT, teletext, telephone or fax services.
3. The information on concentrations of sulphur dioxide, nitrogen dioxide and particulate matter in ambient air shall be updated at least every day, and every hour, where appropriate, as regards the time values for sulphur dioxide and nitrogen dioxide. Information on lead concentrations in ambient air shall be updated quarterly.
4. Information on concentrations in ambient air of benzene, expressed as an average of the last 12 months, shall be updated at least once a quarter and, if applicable, once a month. Information on ambient air concentrations of carbon monoxide, expressed as the maximum eight-hour moving average, shall be updated at least daily and, where applicable, hourly.
5. The information to the public shall indicate all cases where the concentrations exceed the limit values and the alert thresholds during the periods specified in Annexes I to VI. It shall also include a brief assessment of the limit values and the alert thresholds, as well as appropriate information in relation to the health impact.
When the alert threshold referred to in paragraph II of Annexes I or II is exceeded, details released to the public shall include at least the aspects listed in Section III of the Annexes to which they are referred.
6. Public administrations shall make the plans adopted pursuant to Article 6 (1) available to the public and shall also provide them to the organisations concerned. The information shall include the results of the air quality assessment of paragraph II of Annex X.
7. The information available to the public and organisations under the provisions of the above paragraphs shall be clear, comprehensible and accessible.
Article 12. Sanctioning regime.
Failure to comply with the provisions of this Royal Decree shall apply to it the sanctioning regime provided for in Law 38/1972 of 22 December 1972 on the protection of the atmospheric environment and Law 14/1986 of 25 April, General of Health.
Single additional disposition. Preliminary assessment.
In the field of their respective competences, public administrations will have to carry out a preliminary assessment of air quality in relation to the regulated pollutants in accordance with the provisions of this Royal Decree, where they do not have representative measurements of the levels of such pollutants for all zones and agglomerations.
First transient disposition. Concentrations of sulphur dioxide, nitrogen dioxide and lead.
The limit values for sulphur dioxide, lead and nitrogen dioxide, as set out in Royal Decree 1613/1985 of 1 August 1985, amending in part Decree 833/1975 of 6 February 1975 and laying down new rules for the air quality in terms of sulphur dioxide pollution and particulate matter, and Royal Decree 717/1987 of 27 May, which partially amends Decree 833/1975 of 6 February and sets new standards for air quality in the case of nitrogen dioxide and lead pollution, shall be applied up to the dates indicated in paragraphs 2 and 3 of the single derogation provision of this Royal Decree. However, until that time concentrations of such pollutants and air quality will be assessed in accordance with the measurement methods and the stations that are regulated in this Royal Decree.
Second transient disposition. Assessment of the concentration of particles.
The PM10 limit values corresponding to the gravimetric method, set out in Table B of Royal Decree 1613/1985, of 1 August, shall apply until 1 January 2005. Until that time, the concentrations of such pollutant may be evaluated according to the measurement methods and the stations that are regulated in this Royal Decree, multiplying the data thus collected by a factor of 1,2.
Single repeal provision. Regulatory repeal.
1. As from the entry into force of this Royal Decree, and without prejudice to its transitional arrangements, any provisions of the same or lower rank shall be repealed as opposed to the provisions of this Royal Decree, and in particular the following:
(a) Paragraphs 2, 3, 4, 5 and 7 (as regards the molecular lead and sedimentary particles) of Annex I to Decree 833/1975 of 6 February, for the development of Law 38/1972 of 22 December 1995 on the protection of the atmospheric environment.
(b) Royal Decrees 1613/1985 of 1 August and 717/1987 of 27 May shall be repealed in their entirety, with the exception of the provisions set out in paragraphs 2 and 3 of this derogating provision.
2. The following provisions shall be repealed with effect from 1 January 2005:
(a) Paragraphs 6 and 7.1 (in respect of hydrocarbons) of Annex I to Decree 833/1975 of 6 February.
(b) Articles 1, 2, 3, 5, 6 and 7 (as regards sulphur dioxide, particulate matter and lead), and tables A, B, C and D and paragraph 4 of the Annex to Royal Decree 1613/1985 of 1 August.
(c) Article 5 (1) in relation to lead, table C of the Annex and paragraph II of the Annex as regards lead, of Royal Decree 717/1987, of 27 May.
(d) Annex 2, paragraphs 2 and 3, Annex 3 and Annex 4 to the Order of 10 August 1976 on technical standards for the analysis and assessment of pollutants of a chemical nature.
(e) The Order of 22 March 1990 amending the Order of 10 August 1976 in respect of the reference method for standard smoke.
3. The following provisions shall be repealed with effect from 1 January 2010:
(a) Article 7, in respect of nitrogen dioxide, of Royal Decree 1613/1985 of 1 August.
(b) Articles 1, 2 and 3, Article 5 (1) as regards nitrogen dioxide and Tables A and B of the Annex to Royal Decree 717/1987 of 27 May.
Final disposition first. Constitutional foundation.
This Royal Decree is dictated by the exclusive powers granted to the State by Article 149.1.16. and 23. of the Constitution, in the field of general principles and coordination of health and basic legislation on environmental protection.
Final disposition second. Development authorization.
The Ministers for the Environment and Public Health and Consumer Affairs are hereby authorised to make, within their respective powers, the necessary provisions for the development and implementation of this Royal Decree, and in particular for the the establishment or review of the reference methods to be used in the assessment of the concentrations of the regulated pollutants.
Final disposition third. Entry into force.
This Royal Decree will enter into force on the day following its full publication in the "Official State Gazette".
Given in Madrid to October 18, 2002.
JOHN CARLOS R.
The First Vice President of the Government and Minister of the Presidency,
MARIANO RAJOY BREY
ANNEX I
Limit values and alert threshold for sulfur dioxide
I. Limit values for sulphur dioxide.
Limit values will be expressed in μg/m3. The volume at the temperature of 293 K and the pressure of 101,3 kPa.
|
| Average period | Limit value | Tolerance Margin | Limit value compliance |
|---|---|---|---|---|
|
1. Time limit value for human health protection. | 1 hour. | 350 μg/m3, value that cannot be exceeded on more than 24 occasions per year civil. | 90 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 30 μg/m3, until reaching the limit value on 1 January 2003. January 2005. | 1 January 2005 |
| 2. Daily limit value for human health protection. | 24 hours. | 125 μg/m3, value that cannot be exceeded on more than 3 occasions per year civil. | None. | 1 January 2005. |
| 3. Limit value for ecosystem protection *. | Civil year and winter (October 1-March 31). | 20 μg/m3. | None. | To the entry into force of this rule |
* For the application of this limit value, the data obtained from the representative measurement stations of the ecosystems shall be taken into account, without prejudice, where appropriate, to the use of other techniques of assessment.
II. Sulphur dioxide alert threshold.
The value for the sulphur dioxide alert threshold is located at 500 μg/m3 recorded for three consecutive hours at locations representative of air quality in an area of at least 100 km2 or in an entire zone or agglomeration, taking the area that is smaller.
III. Minimum information to be communicated to the population in the event of exceeding the sulphur dioxide warning threshold.
The information to be communicated to the population will include at least the following details: date, time and place of the episode and causes of the episode if known; forecasts: modification of the concentrations (improvement, stabilisation or deterioration), cause of the planned modification, affected geographical area, duration; type of population potentially sensitive to the episode; precautions to be taken by the sensitive population.
ANNEX II
Limit values for nitrogen dioxide (NO2) and nitrogen oxides (NOx) and alert threshold for nitrogen dioxide
I. Limit values for nitrogen dioxide and nitrogen oxides.
Limit values will be expressed in μg/m3. The volume shall be normalized to the temperature of 293 K and to the pressure of 101,3 kPa.
|
| Average period | Limit value | Tolerance Margin | Limit value compliance |
|---|---|---|---|---|
|
1. Time limit value for human health protection. | 1 hour. | 200 μg/m3 of NO2 that cannot be exceeded on more than 18 occasions per calendar year. | 80 μg/m3 at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 10 μg/m3 until reaching the limit value on 1 January 2010. | 1 January 2010 |
| 2. Annual limit value for human health protection | 1 calendar year. | 40 mg/m3 of NO2. | 16 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 2 μg/m3, until reaching the limit value on 1 January 2010. |
January 1, 2010. |
| 3. Annual limit value for vegetation protection *. | 1 calendar year. | 30 mg/m3 of NOx. | None. | To the entry into force of this rule |
* For the application of this limit value, the data obtained from the representative measurement stations of the ecosystems shall be taken into account, without prejudice, where appropriate, to the use of other techniques of assessment.
II. Nitrogen dioxide alert threshold.
The value for the nitrogen dioxide alert threshold is located at 400 μg/m3 recorded for three consecutive hours at locations representative of air quality in an area of at least 100 km2 or in an entire zone or agglomeration, taking the area that is smaller.
III. Minimum information to be communicated to the population in case of exceeding the alert threshold for nitrogen dioxide.
The information to be communicated to the population shall include at least the following data: date, time and place of the episode and causes of the episode, if known; forecasts: modification of the concentrations (improvement, stabilisation or deterioration), cause of the planned modification, affected geographical area, duration; type of population potentially sensitive to the episode; precautions to be taken by the sensitive population.
ANNEX III
Limit values for particles (PM10) under environmental conditions
|
| Average period | Limit value | Tolerance Margin | Limit Value Compliance | |
|---|---|---|---|---|---|
| Phase I |
|
|
|
| |
| 1. Daily limit value for human health protection. | 24 hours. | 50 μg/m3 of PM10 that cannot be exceeded on more than 35 occasions per year. | 15 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 5 μg/m3, until reaching the limit value on 1 January 2005. | 1 January 2005 | |
| 2. Annual limit value for human health protection. | 1 calendar year. | 40 μg/m3 of PM10. | 4.8 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 1.6 μg/m3, until reaching the limit value on 1 January 2005. |
January 1, 2005 | |
| II * |
|
|
|
| |
| 1. Daily limit value for human health protection. | 24 hours. | 50 μlg/m3 of PM10 that cannot be exceeded on more than 7 occasions per year. | It will be derived from the data and will be equivalent to the phase 1 limit value. | 1 January 2010. | |
| 2. Annual limit value for human health protection. | 1 calendar year. | 20 μg/m3 of PM10. | 20 μg/m3 on January 1, 2005, reducing on January 1, 2006, and then every 12 months 4 μg/m3, until reaching the limit value on January 1, 2010. | January 1, 2010. |
* Values indicative limits to be reviewed in the light of further information on the effects on health and the environment, technical feasibility and experience in the implementation of the limit values for phase I in the the Member States of the European Union.
ANNEX IV
Limit value for lead in environmental conditions
|
| Average period | Limit value | Tolerance Margin | Limit value compliance |
|---|---|---|---|---|
|
limit value for human health protection. | 1 calendar year. | 0.5 μg/m3 | 0,3 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2003 and thereafter every 12 months 0,1 μg/m3, until the value is reached limit on 1 January 2005. 0,5 μg/m3, to the entry into force of this Royal Decree, in the vicinity of specific sources, to be notified to the Commission, reducing on 1 January 2006 and thereafter every 12 months 0,1 μg/m3, up to the limit value on 1 January 2010. | January 1, 2005 or January 1, 2010, in the immediate vicinity of specific industrial sources, located in contaminated sites over decades of industrial activity. Those sources shall be notified to the Environmental Quality and Assessment Directorate for the purpose of informing the Commission of the entry into force of this Standard * |
* Such notification shall be accompanied by appropriate justification. The area where the upper limit values are applicable shall not exceed a radius of 1,000 metres from those specific sources.
ANNEX V
Limit value for benzene
The limit value shall be expressed in μg/m3 referred to at a temperature of 293 K and at a pressure of 101,3 kPa.
|
| Average period | Limit value | Tolerance Margin | Limit value compliance |
|---|---|---|---|---|
|
value for human health protection. |
Civil year. | 5 μg/m3. | 5 μg/m3, at the entry into force of this Royal Decree, reducing on 1 January 2006 and thereafter every twelve months 1 μg/m3 until reaching the limit value on 1 January 2006 2010. | 1 January 2010 * |
* Except for zones and agglomerations where an extension has been granted.
ANNEX VI
Limit value for carbon monoxide
The limit value will be expressed in mg/m3. The volume must be referred to a temperature of 293 K and a pressure of 101,3 kPa.
|
| Average period | Limit value | Tolerance Margin | Limit value compliance |
|---|---|---|---|---|
|
value for human health protection. |
Average of eight hours maximum in one day. | 3 | 6 mg/m3, at the entry into force of the Royal Decree, reducing on 1 January 2003 and then every twelve months 2 mg/m3 up to Reach the limit value on January 1, 2005. | January 1, 2005 |
The maximum half-hour corresponding to one day will be chosen by examining the eight-hour moving averages, calculated from hourly data and updated hourly. Each of the octotimesus averages thus calculated shall be attributed to the day of the end of the period, that is, the first period of calculation for any given day shall be the period beginning at 17:00 on the eve and ending at 1:00 on that day; the last period of calculation for any given day will be the one between 16:00 and 24:00 of that day.
ANNEX VII
Determination of the requirements for the assessment of concentrations of sulphur dioxide, nitrogen dioxide (NO2) and nitrogen oxides (NOx), particulate matter (PM10), lead, benzene and carbon monoxide, in ambient air within a zone or agglomeration
I. Upper and lower assessment thresholds.
The following upper and lower assessment thresholds will apply.
a) Sulphur dioxide:
|
| Health protection | Protecting ecosystems | |
|---|---|---|---|
|
assessment threshold. | 60% of the daily limit value (75 μg/m3 that cannot be exceeded on more than 3 occasions per calendar year). | 60% of the winter limit value (12 μg/m3). |
|
| assessment threshold. | 40% of the daily limit value (50 μg/m3 that cannot be exceeded on more than 3 occasions per calendar year). |
40% of winter limit value (8 μg/m3) |
b) Nitrogen dioxide and nitrogen oxides:
|
| Time limit value for human health protection (NO2) | Annual limit value for human health protection (NO2 | Annual limit value for vegetation protection (NOx | |
|---|---|---|---|---|
| 70% of the limit value (140 μg/m3 which cannot be exceeded on more than 18 occasions per calendar year). | 80% of limit value (32μg/m3 | 80% of limit value (24 μg/m3 | ||
| assessment threshold. | 50% of the limit value (100 μg/m3 that cannot be exceeded by more than 18 times per calendar year). | 65% of the limit value (26 μg/m3). |
65% of limit value (19 ,5μg/m3 |
c) Particles:
The upper and lower assessment thresholds for PM10 are based on the limit values that must be met by January 1, 2010.
|
| Daily Media | Annual Media |
|---|---|---|
|
Top rating threshold. | 60% of the limit value (30 μg/m3 that cannot be exceeded on more than 7 occasions per calendar year). | 70% of the limit value (14 μg/m3). |
| 40% of the limit value (20 μg/m3 that cannot be exceeded on more than 7 occasions per calendar year). | 50% of limit value (10 μg/m3 |
d) Lead:
|
| Annual Media | |
|---|---|---|
|
Assessment Threshold. | 70% of the limit value (0.35 μg/m3). | |
|
assessment threshold. | 50% of the limit value (0.25 μg/m3). |
e) benzene:
|
| Annual Average | |
|---|---|---|
|
Assessment Threshold. | 70% of the limit value (3.5 μg/m3). | |
|
assessment threshold. | 40% of the limit value (2 μg/m3). |
f) Carbon Monoxide:
|
| Average eight-hour | |
|---|---|---|
|
of | 70% of the limit value (7 μg/m3) | |
|
assessment threshold. | 50% of the limit value (5 μg/m3). |
II. Determination of the exceeding of the upper and lower assessment thresholds.
Exceeding the upper and lower assessment thresholds shall be determined on the basis of the concentrations recorded during the previous five years, if sufficient data are available. An assessment threshold shall be deemed to have been exceeded where, in the course of the previous five years, the numerical value of the threshold has been exceeded for at least three years.
When the available data relate to a period of less than five years, the competent authorities may combine the short duration measurement campaigns carried out during the period of the year, and in the areas susceptible to record the highest levels of contamination, with the results obtained from the emission inventories and with the modelling, to determine the cases of exceeding the upper and lower assessment thresholds.
ANNEX VIII
Location of sampling points for measurement of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air
The considerations below will apply to the measurement at fixed locations.
I. Macroimplantation.
a) Protecting human health:
Human health protection-oriented sampling points must be located in such a way that:
I. Provide data on areas within areas and agglomerations that record the highest concentrations to which the population may be exposed, directly or indirectly, for a significant period in comparison with the with the average period used for the calculation of the limit value or values.
II. Provide data on concentrations recorded in other areas within zones and agglomerations that are representative of population exposure.
As a general rule, sampling points must be located in such a way as to avoid the measurement of very small microenvironments in their vicinity.
For an indication, a sampling point must be located so that it is representative of the air quality in its surroundings within an area of at least 200 m2 in traffic and traffic-oriented locations. several square kilometres in the urban background-oriented sites.
Where possible, sampling points should also be representative of similar sites that are not in their immediate proximity.
The need to place sampling points on islands when necessary to protect human health should be taken into account.
b) Protection of ecosystems and vegetation:
The sampling points for the protection of ecosystems and vegetation shall be located at a distance greater than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or roads. By way of indication, a sampling point shall be positioned so as to be representative of the air quality in its surroundings within an area of at least 1,000 km2. Competent administrations may establish that a sampling point is situated at a smaller distance or that is representative of air quality in a smaller area, taking into account geographical conditions.
The need to assess air quality in island areas should be taken into account.
II. Microimplantation.
As far as possible, the following guidelines should be followed: there should be no restrictions on the flow of air around the entry point of sampling, nor any obstacles affecting the flow of air in the vicinity of the sampling system (as a general rule, the sampling entry point shall be placed at several metres of buildings, balconies, trees and other obstacles, and at least 0,5 m of the nearest building in the case of representative sampling points the air quality in the building line); in general, the entry point of the sampling must be located between 1,5 m (breathing area) and 4 m above ground level. In some cases a higher position may be required (up to 8 m). Higher positions may also be appropriate if the station is representative of an extensive area; the sampling entry point shall not be located in the vicinity of emission sources to prevent the direct entry of emissions without mixing with ambient air; the exit of the sampling system shall be so positioned as to avoid recirculation of the outgoing air towards the system input; location of the traffic-oriented sampling systems: all pollutants, the sampling points must be at least 25 m from the edge of the crossings main and at least 4 m from the centre of the nearest traffic lane; for nitrogen dioxide air inlets must not be more than 5 m from the curb edge; for particulate matter and lead, air inlets must be located at such that they are representative of the air quality close to the line of buildings; as far as the carbon monoxide is concerned, the air inlets must not be more than 5 m from the edge of the sidewalk; as far as the benzene is concerned, the air must be located in such a way as to be representative of the air quality next to the line of buildings.
In addition, the following factors can be taken into account: sources of interference, security, access, possibility of connection to the electrical and telephone network, visibility of the place in relation to its environment, security of the population and technicians, the interest of a common implementation of sampling points for different pollutants, urban standards.
III. Documentation and reassessment of site choice.
Site choice procedures should be fully documented in the classification phase, for example, by photographs of the surrounding area with indication of the orientation and a detailed map. The choice of site should be reviewed at regular intervals with new documentation to ensure that the selection criteria are still valid.
ANNEX IX
Criteria for determining the minimum number of sampling points for the fixed measurement of sulphur dioxide concentrations (SO2), nitrogen dioxide (NO2) and nitrogen oxides, particulates, lead, Benzene and carbon monoxide in ambient air
I. Minimum number of sampling points for fixed measurement aimed at assessing compliance with the limit values laid down for the protection of human health and on the alert thresholds in zones and agglomerations where the fixed measurement is the single source of information.
a) Diffuse sources:
| population or agglomeration (thousands) | If concentrations exceed the upper assessment threshold |
If maximum concentrations are between the upper and lower assessment thresholds | For SO2 and NO2, in agglomerations where the maximum concentrations are lower than the lower assessment | |||
|---|---|---|---|---|---|---|
| 0-249 | 1 | 1 | Not applicable | |||
| 250-499 | 2 | 1 | 1 | |||
| 500-749 | 2 | 1 | 1 | |||
| 750-999 | 3 | 1 | 1 | |||
|
| ||||||
| 1 | ||||||
| 1 | 2 | 1 | ||||
| 1 | 6 | 3 | 2 | |||
| 2.750-3,749 | 7 | 3 | 2 | |||
| 3.750-4,749 | 8 | 4 | 2 | |||
| 9 | 4 | |||||
|
10 | 5 | 3 | ||||
|
| With respect to NO2 and particles: at least one back-end urban station and a traffic-oriented station must be installed. |
|
|
b) Point sources:
To assess contamination in the vicinity of point sources, the number of sampling points for the fixed measurement should be calculated taking into account the emission densities, the likely distribution patterns of the air pollution and the potential exposure of the population.
II. Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of ecosystems and vegetation in areas other than agglomerations. Not applicable to benzene or carbon monoxide.
| If the maximum concentrations are find between upper and lower assessment | |
|---|---|
| 1 station per 20,000 km2 | 1 station per 40,000 km2 |
In island areas, the number of sampling points shall be calculated taking into account the likely patterns of distribution of ambient air pollution and the potential exposure of ecosystems and vegetation.
ANNEX X
Data quality objectives and presentation of air quality assessment results
I. Data quality objectives.
For guidance on quality assurance programmes, the following data quality objectives have been established for the required accuracy of the assessment methods, minimum periodicity and capture minimum data.
|
| Sulphur dioxide, nitrogen dioxide, and nitrogen oxides | |
|
|---|---|---|---|
|
|
|||
|
| 15% | 25% | |
|
data capture | 90% | 90% | |
| Indicative | |
|
|
| Incertainty | 25% | 50% | |
|
data capture | 90% | 90% | |
| Minimum Periods | 14% (one measurement per week at random, evenly distributed over the year, or eight weeks evenly distributed over the year). |
14% (one measurement per week at random, evenly distributed over the course of the year, or eight weeks evenly distributed throughout the year) | |
|
|
| ||
|
: |
|
| |
|
time | 50-60% | - | |
|
averages | 50% | Undefined for the time being. | |
|
30% | 50 | ||
| 30% |
|
| |
| % | 100% |
|
| benzene | Carbon Monoxide | |
|---|---|---|---|
| |
| ||
| 25% | 15% | ||
| Minimum data capture | 90% | 90% | |
| Coverage minimum time | 35% in urban and traffic background sites (spread over the year in a way that is representative of the various weather and traffic conditions). 90% on industrial sites. |
| |
| Indicative |
|
| |
|
| 30% | 25% | |
|
data capture | 90% | 90% | |
| 14% (measurements one day per day) | 90% random week, evenly distributed throughout the year, or eight weeks evenly distributed throughout the year). | 14% (measurements one day per week at random, evenly distributed throughout the year). of the year, or eight weeks evenly distributed throughout the year) | |
| Modeling |
|
| |
|
: |
|
| |
|
-hour averages | - |
50% | |
|
averages | 50% | - | |
| objective |
|
| |
|
| 100% | 75% |
The uncertainty of the measure is defined in the "Guide to the expression of measurement uncertainty" (ISO 1993) or in the standard UNE 82009-1:1998. Accuracy (accuracy and accuracy) of results and measurement methods. Part 1: General principles and definition (equivalent to ISO 5725-1:1994).
The uncertainty percentages mentioned in the table above refer to an average of individual measurements, taken during the period considered, for the limit value, for a 95 percent confidence value (bias more twice the standard deviation). The uncertainty for fixed measurements shall be understood to be applicable in the region of the corresponding limit value.
The uncertainty of modelling and objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, for the limit value, without taking into account the periodicity of the facts.
The requirements for minimum data capture and minimum time coverage do not include loss of data due to periodic calibration or normal maintenance of appliances.
As an exception, random measurements may be applied instead of fixed measurements for particulate matter and lead, if it can be shown that the difference from fixed measurements is within 10 percent for a 95 percent confidence level. Random sampling shall be distributed evenly over the course of the year. For benzene, random measurements may be applied.
For benzene, random measurements may be applied instead of fixed measurements, if they can show that uncertainty, including uncertainty due to random sampling, meets the 25 percent quality target. Random sampling should be evenly distributed throughout the year to avoid biased results.
II. Results of the air quality assessment.
The following information should be gathered for the zones or agglomerations where other sources are used that complement the measurement data or are the only means of air quality assessment: description of the assessment activities carried out; specific methods used, with references to descriptions of the method; sources of data and information; description of the results, including accuracy and data on the accuracy and in particular the extension of each area or, if appropriate, the length of the road within the area or agglomeration in which concentrations exceed the limit value or limit values or, as the case may be, the value or limit values increased by the margin or margin of tolerance of each area where the concentrations exceed the upper assessment threshold or the lower assessment threshold; with respect to the limit values for the protection of human health, the population potentially exposed to concentrations above the limit value.
Where possible, competent administrations shall draw up maps indicating the distribution of concentrations within each zone or agglomeration.
III. Normalization.
With regard to sulphur dioxide and nitrogen oxides, benzene and carbon monoxide, the volume must be normalized at a temperature of 293 K and pressure of 101,3 kPa.
ANNEX XI
Reference methods for the assessment of concentrations of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide *
I. Reference method for the analysis of sulphur dioxide.
ISO/FDIS 10498 (draft standard) Air environment -Determination of sulphur dioxide-ultraviolet fluorescence method.
Competent authorities may use any other method if they can demonstrate that they give equivalent results to the above method.
II. Reference method for the analysis of nitrogen dioxide and nitrogen oxides.
UNE 77212:1993 Air Quality. Determination of the mass concentration of nitrogen oxides. Method of chemiluminescence. Equivalent to ISO 7996:1985.
Competent authorities may use any other method if they can demonstrate that they give equivalent results to the above method.
III. A Reference method for lead sampling.
The reference method for lead sampling shall be that described in the Annex to Directive 82/884/EEC until the date on which the limit value specified in Annex IV to this Royal Decree is to be met; then the reference method shall be that of the PM10 as specified in paragraph IV of this Annex.
Competent authorities may use any other method if they can demonstrate that they give equivalent results to the above method.
III. B Reference method for lead analysis.
UNE 77230:1998 Air environment. Determination of particulate lead in aerosols, captured in filters. Method of atomic absorption spectrometry. Equivalent to ISO 9855:1993.
Competent authorities may use any other method if they can demonstrate that they give equivalent results to the above method.
IV. Reference method for PM10sampling and analysis.
The reference method for sampling and analysis of PM10 will be the one described in the UNE-EN 12341 " Quality of the Air-Determination of the PM fraction10 of the particulate matter in suspension. Reference method and field test procedure to demonstrate the equivalence of the measurement methods to the reference method '.
The competent authorities may use any other method if they can demonstrate that it gives results equivalent to the above method, or any other method if it can be shown to present a consistent relationship with the reference. In such a case, the results obtained shall be corrected by a relevant factor to produce results equivalent to those obtained with the reference method.
The competent authorities shall report the method used to the Environmental Quality and Assessment Directorate for their transfer to the European Commission.
V. Interim reference method for PM2.5sampling and analysis.
The reference method for PM2.5 sampling and analysis will be the one for aspiration sampling in filters followed by gravimetric determination, which is being normalized by the CEN. In the absence of a standard CEN method, national standard methods based on the same measurement method may be used by the competent authorities.
The competent authorities may use any method they deem appropriate, informing the Directorate-General of Quality and Environmental Assessment for their transfer to the European Commission.
VI. Reference method for the sampling and analysis of benzene.
The reference method for the measurement of benzene shall be that of aspiration sampling in an adsorbent cartridge followed by determination by gas chromatography, which is being normalized by the CEN. In the absence of a standard CEN method, the competent authorities may use the national standard methods based on the same measurement technique.
The competent authorities may also use any other method if they can demonstrate that it gives results equivalent to the method mentioned above.
VII. Reference method for the analysis of carbon monoxide.
The reference method for the measurement of carbon monoxide will be the non-dispersive infrared spectrometry (IRND) that is being normalized by the CEN. In the absence of the CEN standard method, the competent authorities may use national standardised methods based on the same measurement method.
The competent authorities may also use any other method if they can demonstrate that it gives results equivalent to the method mentioned above.
* Reference methods will be reviewed when technical progress makes it advisable.
ANNEX XII
Information to be included in local, regional or national air quality improvement programs
Information to be provided pursuant to Article 6 (1):
1. Location of the exceedance: region, city (map), measurement station (map, geographical coordinates).
2. General information: type of area (city, industrial or rural area), estimate of the contaminated surface (km2) and of the population exposed to pollution, useful climate data, relevant topographic data, sufficient information about the type of organisms receiving the affected area to be protected.
3. Responsible authorities: names and addresses of the persons responsible for the preparation and implementation of the improvement plans.
4. Nature and assessment of pollution: concentrations observed during previous years (prior to the implementation of the improvement measures), measured concentrations from the start of the project, assessment techniques used.
5. Source of pollution: list of the main sources of emission responsible for pollution (map), total quantity of emissions from these sources (t/year), information on pollution from other regions.
6. Analysis of the situation: details of the factors responsible for the improvement (transport, including cross-border transport, training), details of possible measures to improve air quality.
7. Details of the improvement measures or projects that existed prior to the entry into force of this standard, i.e. local, regional, national or international measures, observed effects of these measures.
8. Information on measures or projects adopted to reduce pollution following the entry into force of this Royal Decree: list and description of all the measures provided for in the draft, timetable for implementation, estimation of improvement of the air quality expected to be achieved and the expected time to achieve those objectives.
9. Information on the planned or planned long-term measures or projects.
10. List of publications, documents, works, etc., which supplement the information requested in this Annex.
ANNEX XIII
Information to be provided by the Autonomous Communities and Local Authorities to the Directorate-General for Quality and Environmental Assessment under Article 10
1. Information on the designations referred to in Article 3 (1) (a). For the preliminary assessment referred to in the single additional provision, the relevant information on the methods used and, at the latest, on 13 December 2002 with regard to carbon monoxide and benzene.
2. The lists of zones and agglomerations referred to in Article 4 (2), within six months of the end of each year.
3. In areas and agglomerations where the limit values increased in the tolerance margin are exceeded, or the limit value in the absence of tolerance, they shall indicate:
(a) The occurrence of such levels, the dates or periods in which they were observed, the values recorded and their reasons, within four months of the end of each year.
(b) The plans referred to in Article 5 (3) as soon as possible.
(c) The action plans or programmes referred to in Article 6 (1), in the year and a half after the end of the year in which the levels have been recorded.
d) The progress of the plan, every three years.
e) The summary of the values observed or assessed, within six months of the end of each three-year period, coinciding with the first period with the reference of the sectoral report referred to in Directive 91 /692/EEC, On 23 December, on the standardisation and rationalisation of reports on the implementation of certain directives relating to the environment.
4. Exceeding the alert thresholds, recorded levels and measures taken, while informing the population.
5. Each year, and no later than six months after the end of the year, the arithmetic mean, median, percentile 98 and maximum concentration, calculated from the PM measurements2.5 for 24 hours in that year. The 98th percentile shall be calculated in accordance with the procedure laid down in Section 4 of Annex I to Council Decision 97 /101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from the networks and isolated stations for the measurement of air pollution in the Member States.
6. The necessary justification for concentrations due to natural sources in the zones and agglomerations referred to in Article 4 (3).
7. When the limit values for PM10 referred to in Annex III phase I are exceeded due to natural phenomena that vary considerably their background concentrations, this episode shall be reported as soon as possible. Within four months of the end of each year, they shall provide the justification necessary to demonstrate that such superations are due to natural sources, for the purpose of their referral to the European Commission.
8. The information corresponding to the significant contamination originating in another Member State of the European Union, as set out in Article 3.3 of this Royal Decree.
9. For the sulphur dioxide concentrations referred to in Article 9 (4), the number of concentrations averaged over 10-minute periods exceeding 500 µ g/m3, the number of days within the year The number of simultaneous days in which the hourly concentrations of sulphur dioxide also exceeded 350 µ g/m3 and the maximum concentration recorded in the ten-minute periods occurred.
10. Where the limit value laid down for benzene in Annex V is difficult to achieve because of the dispersion characteristics of a site, or of its climatic conditions, such as low wind speed or high evaporation, and in the case of that the implementation of the measures could lead to serious socio-economic problems, the Commission of the European Union may request an extension of the deadline for implementation, for which the Directorate-General for Quality and Evaluation will have to be sent Environmental information: designation of the affected areas or agglomerations, tests (a) the necessary justification for the adoption of reasonable measures to reduce the concentrations of pollutants in question and to minimise the affected area, future developments in relation to the measures implementing the plan or programme of action taken.
11. The adoption of stricter levels than those corresponding to the limit values established in the state system.
12. As long as they are in force, any excess of the limit values laid down in Royal Decree 1613/1985, of 1 August, and in Royal Decree 717/1987 of 27 May, as well as of the recorded values, the reasons for each episode and the measures adopted to prevent its repetition. This information shall be communicated annually during the first four months of each year.
13. The data and information required by Council Decision 97 /101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and stations isolated from the measurement of air pollution, as amended by Commission Decision 2001 /752/EC of 17 October 2001 and by Commission Decision 2001 /839/EC of 8 November 2001 establishing a questionnaire to be used for the submission of annual information on the assessment of ambient air quality in accordance with Directives 96 /62/EC and 1990 /30/EC of the European Parliament and of the Council Tip.
The provision of the information shall be in accordance with the form established by the applicable Community legislation.
14. All information relating to regulated pollutants as set out in the previous Annexes to this Royal Decree.
