Regulations Regarding the Maximum Permissible Emission into the Air in the State

Issued pursuant to Section 11, Paragraph three of the Law On Pollution 
and Section 31, Paragraph one, Clause 3 of the Law On the Structure of the Cabinet

I. General Provisions

1. This Regulation prescribes the maximum permissible emission into the air in the State for the air pollutants and groups of substances referred to in Paragraph 4 of this Regulation.

2. The following terms are used in this Regulation:

2.1. AOT 40 - (expressed in (µg/m3) x hours) the sum of the difference between hourly concentrations greater than 80 µg/m3 (40 ppb) and 80 µg/m³ over the time period from 1 May to 31 July using only the one-hour values measured between 8.00 and 20.00 Central European Time (CET) each day;

2.2. AOT 60 - the sum of the difference between hourly concentrations of ground-level ozone greater than 120 μg/m³ (60 ppb) accumulated throughout the year;

2.3. activity data - data regarding activities, which cause emissions in a specific period of time (for example, from the use of energy resources, the quantity of the steel produced, the quantity of the bitumen used, manure management systems, utilisation of lime and mineral fertilisers, waste generation);

2.4. critical load - a quantitative estimate of an exposure to one or more pollutants above which significant adverse effects on sensitive elements of the environment occur, according to present knowledge;

2.5. critical level of air pollution - the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur;

2.6. unit of geographical distribution - a field of 50 x 50 km² which is approved in the mapping of critical loads on a European scale, as well as in monitoring of emissions and depositions of air pollutants under the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe;

2.7. ground-level ozone - ozone in the lowermost strata of the troposphere; and

2.8. maximum permissible emission into the air in the State - the maximum amount of a pollutant expressed in kilotonnes, which may be emitted into the atmosphere from all sources of emission in a calendar year.

II. Total Maximum Permissible Emission into the Air in the State

3. The total maximum permissible emission into the air in the State for the pollutants and groups of pollutants referred to in Paragraph 4 of this Regulation shall be determined, taking into account all the emissions in the territory of Latvia and its exclusive economic zone, except for:

3.1. emissions from international maritime traffic; and

3.2. aircraft emissions beyond the landing and take-off cycle (landing and take-off cycle is four minutes when an aircraft is approaching an airport, 26 minutes - when an aircraft is moving on land, 0.7 minutes - at the take-off of an aircraft, and 2.2 minutes - when an aircraft reaches the height intended for flying).

4. The total maximum permissible emission into the air in the State shall not exceed:

4.1. for sulphur dioxide - 101 kilotonnes per year;

4.2. for nitrogen oxides (the sum of nitrogen monoxide and nitrogen dioxide expressed as nitrogen dioxide) - 61 kilotonnes per year;

4.3. for ammonia - 44 kilotonnes per year; and

4.4. for volatile organic compounds (organic compounds from anthropogenic sources, other than methane, that are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight) - 136 kilotonnes per year.

5. The total maximum permissible emission into the air in the State shall be determined, in order to achieve the following long-term objectives of environmental protection:

5.1. in the areas where critical loads are exceeded, acidification in each geographical division unit shall be reduced by at least 50% compared with the 1990 situation;

5.2. the ground-level ozone load above the critical air pollution level for human health protection (AOT 60=0) shall not exceed 2.9 ppm per hour in a geographical division unit; and

5.3. the ground-level ozone load above the critical level of air pollution for crops and semi-natural vegetation (AOT 40=3 ppm per hour) shall not exceed 10 ppm per hour, expressed as an exceedance of the critical level of 3 ppm per hour in a geographical division unit.

6. In zones and agglomerations where a target value or long-term objective specified for ozone in the regulatory enactments regarding air quality is exceeded, the Ministry of Environmental Protection and Regional Development shall formulate a State programme in order to reduce the total emission into the air. Measures for reduction of the exceedance of a target value or long-term objective specified for ozone, which do not entail disproportionate costs, shall be included in the programme.

III. Procedure by Which State Emission Inventories and Projections Shall Be Prepared and Submitted

7. The State limited liability company Latvian Environment, Geology and Meteorology Centre (hereinafter - Centre), on the basis of the methodologies and guidelines agreed upon by the Member States of the 1979 Geneva Convention on Long-range Transboundary Air Pollution (hereinafter - Geneva Convention), shall:

7.1. annually summarise information regarding the emission of sulphur dioxides, nitrogen oxides, carbon monoxides and volatile organic compounds into the air for the previous year but one, and provisional calculations regarding the previous year, as well as shall prepare an informative report regarding these substances, by using the calculated emission data submitted to the Centre in compliance with the regulatory enactments regulating the national system for the inventory of the greenhouse gas emission units;

7.2. annually calculate the emission of ammonia, particulate matter PM10, particulate matter PM2,5, lead, mercury, cadmium, dioxins/furans, polycyclic aromatic hydrocarbons and hexachlorobenzene into the air for the previous year but one, and provisional calculations regarding the previous year, as well as shall prepare an informative report regarding these substances, by using the calculated emission data submitted to the Centre in compliance with the regulatory enactments regulating the national system for the inventory of the greenhouse gas emission units;

7.3. starting from 2012, once every five years develop projections of the emissions of sulphur dioxide, nitrogen oxides, carbon monoxide, volatile organic compounds, ammonia, particulate matter PM10, particulate matter PM2,5, lead, mercury, cadmium, dioxins/furans, polycyclic aromatic hydrocarbons and hexachlorobenzene for 2015, 2020, 2030 and 2050, on the basis of the projections of sector development submitted according to Paragraph 10 of this Regulation; and

7.4. starting from 2012, once every five years prepare maps, where the data regarding the emission of air pollutants shall be shown by geographical division units, and the data regarding big fixed sources - in compliance with the Geneva Convention guidelines for reporting.

8. The Centre shall:

8.1. annually by 31 December, place electronically the information specified in Sub-paragraphs 7.1 and 7.2 of this Regulation in the central data repository of the European Environment Agency;

8.2. annually by 15 February, send electronically the information specified in Sub-paragraphs 7.1, 7.2 and 7.3 of this Regulation to the Centre on Emission Inventories and Projections (CEIP) for the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe, or shall place it electronically in the central data repository of the European Environment Agency, as well as send the Geneva Convention Secretariat a report regarding the data submitted;

8.3. annually by 15 March, submit to the Geneva Convention Secretariat an informative report prepared according to Sub-paragraphs 7.1 and 7.2 of this Regulation; and

8.4. starting from 2012, once every five years by 1 March of the relevant year submit to the Geneva Convention Secretariat and the European Environment Agency the information specified in Sub-paragraph 7.4 of this Regulation.

9. Starting from 2012, once every five years according to the Annex to this Regulation:

9.1. the Ministry of Economics shall prepare projections for the indicators in the macroeconomics, energy industry, industrial production, construction (in the commercial and public sector, or tertiary sector) and agriculture sectors for 2015, 2020, 2030 and 2050;

9.2. the Ministry of Transport shall prepare projections for the indicators in the transport sector for 2015, 2020, 2030 and 2050;

9.3. the Ministry of Agriculture shall prepare projections for the indicators in the agriculture and forestry sector for 2015, 2020, 2030 and 2050; and

9.4. the Centre shall prepare projections for the indicators in the waste management and sewage management sector for 2015, 2020, 2030 and 2050.

10. The Ministry of Economics, the Ministry of Transport and the Ministry of Agriculture shall, once every five years by 1 August of the relevant year, submit to the Centre information prepared according to Paragraph 9 of this Regulation.

11. The Centre shall co-ordinate information prepared according to Paragraph 7 of this Regulation with the Ministry of Environmental Protection and Regional Development prior to the electronic submission thereof to the European Commission, the European Environment Agency and the Geneva Convention Secretariat.

12. The Ministry of Environmental Protection and Regional Development shall, annually by 31 December, notify the European Commission and the European Environment Agency regarding the electronic placement of the information and data specified in Sub-paragraphs 7.1 and 7.2 of this Regulation in the central data repository of the European Environment Agency.

13. The Centre shall publish the information specified in Paragraph 7 of this Regulation on its Internet home page, immediately after submission thereof to the relevant authorities.

IV. Closing Provision

14. Cabinet Regulation No. 507 of 9 September 2003, Regulations Regarding the Maximum Permissible Emission into the Air in the State, (Latvijas Vēstnesis, 2003, No. 125), is repealed.

Informative Reference to European Union Directives

This Regulation contains legal norms arising from:

1) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants; and

2) 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.

Prime Minister V. Dombrovskis

Minister for Environmental Protection
and Regional Development R. Vējonis

Annex
Cabinet Regulation No. 419
31 May 2011

List of Projection Indicators

Minister for Environmental Protection
and Regional Development R. Vējonis