# CONAMA Resolution 382/06

CONAMA RESOLUTION 382, December 26, 2006
Published in Official Gazette 1 on January 2, 2007, Section 1, pages 131-137
Establishes the maximum levels of air pollution emissions by stationary sources .

The NATIONAL ENVIRONMENT COUNCIL – CONAMA, in the use of the power bestowed upon the Council by Law 6.938 of Aug. 31, 1981, regulated by Decree 99.274, of June 6, 1990 and in light of its Internal Regulations, annex to Administrative Order 168 of June 10, 2005, and

Considering the provisions established by CONAMA Resolution 5 of June 15, 1989 which creates the National Program for Air Pollution Control(PRONAR);

Considering the current high levels of atmospheric pollution, mainly within metropolitan areas, and their negative effects on public health, the environment and the economy;

Considering the increased industrialization within different regions of the country and the consequent increases in the levels of atmospheric emissions and the degradation of air quality;

Considering the need to harmonize economic-social development with the preservation of environmental quality and ecological balance;

Considering the need to establish national references related to pollutant emission levels aimed at the containment of excesses that are not compatible with the environmental preservation;

Considering the need to establish strategies for the control and recuperation of air quality and prevent its continued degradation;

Considering the need to establish criteria and guidelines for the definition of atmospheric pollutant emission levels and provide environmental organs with adequate tools for the analysis of processes and enterprise licensing procedures;

Considering that pollution must be controlled at the source, either by control hardware such as “end-of-pipe” or through less polluting processes in harmony with Pollution Prevention Concepts;

Considering the existence of available technologies for the reduction of pollutant emissions for different productive processes;

Considering that Brazilian states are on different levels of industrialization and air pollution conditions and that it is the duty of local environmental organs to establish more stringent emission limits;

Considering that compliance with atmospheric pollutant emission limits are aimed at minimizing their effects on air quality and thereby safeguard the health and wellbeing of the population;

Considering that the establishment of national atmospheric emission levels must also take into account the costs and impacts upon regional economies, decides:

Art. 1 To establish maximum atmospheric pollution emission limits for point sources.

Single paragraph. The limits are set by polluting agent and type of source according to the contents of the annexes of this Resolution.

Art. 2 The following minimum criteria are established for the emission of atmospheric pollutants:

I – the implementation of emission limits is one of the tools for environmental control and their application must be connected to capacity criteria and environmental support systems, in other words, the degree of saturation of the region where the enterprise is located;
II – the establishment of emission limits must be based on adequate environmental technologies, comprising all phases including unit conception, installation, operation and maintenance as well as the use of prime-resources and financial investments;
III – the adoption of viable and accessible atmospheric emission control technologies on a scale that allows for their practical application;
IV – allow for the differentiation of emission limits according to size, location and emission source specifications, as well as the characteristics, load and effects of emitted pollutants; and
V – technical data and measurements of emissions performed throughout the country, as well as the bibliographic survey of practices both in Brazil and abroad regarding the manufacturing and use of hardware and the corresponding demands placed by the licensing organs.

Art. 3 The following definitions are established for all purposes of this Resolution:

I – definitions related to the emission source:
a) tolerance capacity: the capacity held by the atmosphere of a certain region to receive the remains from emission sources in order to comply with environmental standards and the differentiated usage of natural resources
b) emission control: processes aimed at the reduction or prevention of released pollutants into the atmosphere;
c) emission: release of any type of solid, liquid or gaseous substance into the atmosphere;
d) fugitive emissions: diffuse release into the atmosphere of any solid, liquid or gaseous substance by a source lacking the hardware to direct or control their outflow;
e) punctual emissions: release into the atmosphere of any type of solid, liquid or gaseous substance by a source provided with the hardware to direct or control its outflow, such as ducts and chimneys;
f) air pollution control hardware: hardware that reduces atmospheric emissions;
g) fixed emission source: any fixed location installation, hardware or process which releases or emits substances into the atmosphere, either punctual or fugitive;
h) maximum emission limits (MEL): maximum allowable release of pollutants into the atmosphere by point sources; and
i) pollution-generating prevention: production process concept that minimizes the generation of pollution and eliminates or reduces the usage of control hardware, also known as Pollution Prevention and Clean Production.

II – definitions related to pollutants that do not possess a defined chemical characteristics:
a) volatile organic compounds: organic compounds that reach atmospheric pressure cooking point at up to 130 degrees and may contribute to the formation of photochemical oxidants;
b) total reduced sulfur (TRS): reduced sulfur compounds, measured as a whole, and mainly hydrogen sulfide and methyl mercaptan, expressed as sulfur dioxide (SO2);
c) particle substances (PS): all and any solid substance/material in a gaseous mixture which can be heldin this state at the temperature of the filtering environment, established by an adopted method;
d) NO x : is the sum of nitrogen monoxide (NO) and nitrogen dioxide(NO2) concentrations, and is expressed as (NO2); and
e) SOx : is the sum of sulfur dioxide (SO2) and sulfur trioxide (SO3) concentrations and is expressed as (SO2).

III – definitions related to units and the compulsory definition of results:
a) concentration: relationship between the mass of a pollutant and the volume that houses it (C = m/V), must always be stated in milligrams per normal cubic meter (Nm 3 ), in other words, related to normal temperature and pressure conditions (CNTP) on a dry basis and, when applicable, in the established oxygen referential condition and through the compulsory use of the notation- mg/Nm 3 , CNTP – Normal Temperature and Pressure Conditions:
Pressure = 1013 mBar (corresponding to 1 atmosphere or 760 mmHg);
Temperature = 273 K (corresponding to 0°C).
b) conversion to oxygen referential conditions: the conversion of the concentration measured for the oxygen referential conditions is shown below but is not applicable when pure oxygen is injected into the process:

$C_R=\frac{21-O_R}{21-O_M}\cdot C_M$

being:
CR – Pollutant concentration corrected for the condition established by this Resolution; OR – Percentage of reference oxygen, according to this Resolution; established for each fixed emission source;
OM – Percentage of oxygen measured during the sampling process;
CM – Determined pollutant concentration in the sample;

c) Emission factor: the representative rate that shows the mass of a specific pollutant released into the atmosphere with a specific processed material or energy, consumed or produced (mass/production unit); and
d) Emission rate: the representative rate that relates the mass of a specific pollutant released into the atmosphere and the time unit (mass/time) in kg/h, g/s.

Single paragraph. It is recommended to avoid the expression “Heavy Metals” in processes related to the implementation of this Resolution as they do not have a scientific definition and should be substituted by specific interest metals.

Art. 4 Verification of compliance with emission limits must be performed according to sample and analysis methodologies specified by scientifically acknowledged technical procedures and approved by the licensing environmental organ.

§ 1 Specific cases related to particle substances must adopt emission measurement methods for punctual source particles according to norm NBR 12019 or NBR 12827, or any other equivalent method that has been approved by the licensing environmental organ.

§ 2 The analytical determination of other pollutants may be performed according to other automated sample and analysis methods as long as they have been previously approved by the licensing environmental organ.

§ 3 The measurement results must be compiled into a report, with a periodicity set by the licensing environmental organ, containing all measurement results, the used sample and analysis methodologies, the process operational conditions including combustible types and quantities and/or operational costs, apart from any other data demanded by the licensing environmental organ.

Art. 5 The monitoring of emissions may be made through continuous or discontinuous methodologies according to the specifications set by the environmental organ and compulsory compliance with the following criteria:

§ 1 Discontinuous atmospheric emission monitoring must be performed in the specific operational conditions listed in the annexes for each pollution source.

I – samples must be representative and take into account typical process operation variations; and
II – emission limits are considered as fulfilled if the results of three discontinuous measurements performed during a single period comply with the medium arithmetic measurement and one of the results may be discarded if it is considered as discrepant.

§ 2 Continuous monitoring may be used for the verification of compliance with emission limits if they are performed according to the following conditions:

I – monitoring is considered continuous when the pollution source is monitored during at least 67% of its operational time by a continuous monitor during a one year period;
II – the medium daily rate will be accepted as valid if monitoring has been effected during at least 75% of the day’s operational time;
III – data collected during transitional situations such as stops and starts, energy breaks, chimney cleaning, new combustible tests and prime-resources will not be accepted as valid for conformity related assessments, provided they do not surpass 2% of the monitored time during a full day (24 hours). Higher percentages than those mentioned above may be accepted for special processes that require longer stops and starts and provided they have been previously approved by the licensing organ;
IV – emission limits collected through continuous monitoring is accepted when at least 90% of the daily measurements are related to 100% of the limit and the rest of the daily medium rates 130% of the limit.

§ 3 The licensing organ may establish additional criteria for the validation of test data.

Art. 6 This Resolution applies to point source atmospheric polluting activities whose Installation License has been granted by the licensing organs after the publication of this Resolution.

§ 1 The licensing environmental organ may, for well-motivated reasons, apply more restrictive emission limits than those established by this Resolution in areas where air quality management demands such action.

§ 2 The licensing environmental organ may, for well-motivated reasons, and at its discretion, establish less stringent emission limits than those established by this Resolution for fixed amospheric emission sources, for modifications that require licenses in sources already under operation and with valid licenses, which show proved environmental gains, such as the conversion to gas boilers, which minimize the environmental impacts of sources that were originally projected with other emission rates based on combustible oil and mineral coal.

Art. 7 Existing and operational point sources and which hold installation licenses that were granted before the issuing of this Resolution must be subjected to emission limits by the licensing environmental organ through well founded decision methods and at any moment or during the license renewal period.

§ 1 The licensing environmental organ may establish less restrictive rates than the maximum emission rates established by this Resolution due to technological limitations and the impact on local conditions, according to CONAMA Resolution 5 of June 15, 1989.

§ 2 The licensing environmental organ may establish mandatory goals for emission limits due to considerations related to the local impact of existing pollution sources and through a specific documentation process.

Art. 8 Criteria and emission limits established by CONAMA Resolution 8 of Dec. 6, 1990 apply, from the date of publication of this Resolution until the establishment of specific limits, for heat generating processes that are not includedin this Resolution.

Art. 9 This Resolution shall enter into effect on the date of its publication.

MARINA SILVA – Council President

ANNEX I – ATMOSPHERIC POLLUTION EMISSION LIMITS FOR HEAT GENERATING PROCESSES THROUGH THE EXTERNAL COMBUSTION OF COMBUSTIBLE OILS

ANNEX II – ATMOSPHERIC POLLUTION EMISSION LIMITS FOR HEAT GENERATING PROCESSES THROUGH THE EXTERNAL COMBUSTION OF NATURAL GAS

ANNEX III – ATMOSPHERIC POLLUTION EMISSION LIMITS FOR HEAT GENERATING PROCESSES THROUGH THE EXTERNAL COMBUSTION OF SUGARCANE BAGASSE

ANNEX IV – ATMOSPHERIC POLLUTION EMISSION LIMITS FOR HEAT GENERATING PROCESSES THROUGH THE EXTERNAL COMBUSTION OF WOOD DERIVATIVES

ANNEX V – ATMOSPHERIC POLLUTION EMISSION LIMITS FROM GAS TURBINES FOR THE GENERATION OF ELECTRIC ENERGY

ANNEX VI – POLLUTION EMISSION LIMITS FOR ATMOSPHERIC POLLUTANTS PRODUCED BY PETROLEUM REFINERY PROCESSES

ANNEX VII – POLLUTION EMISSION LIMITS FOR ATMOSPHERIC POLLUTANTS PRODUCED BY PULP MANUFACTURING PROCESSES

ANNEX VIII – EMISSION LIMITS FOR ATMOSPHERIC POLLUTANTS PRODUCED BY SECONDARY LEAD SMELTING PROCESSES

ANNEX IX – ATMOSPHERIC POLLUTANT EMISSION LIMITS PRODUCED BY PRIMARY ALUMINUM INDUSTRIAL PROCESSES

ANNEX X – ATMOSPHERIC POLLUTANT EMISSION LIMITS PRODUCED BY GLASS MELTING OVENS

ANNEX XI – LIMITS FOR EMISSION OF AIR POLLUTANTS FROM THE PORTLAND CEMENT INDUSTRY

ANNEX XII – EMISSION LIMITS FOR AIR POLLUTANTS GENERATED IN THE PRODUCTION OF FERTILIZERS, PHOSPHORIC ACID, SULFURIC ACID AND NITRIC ACID

ANNEX XIII – EMISSION LIMITS FOR AIR POLLUTANTS GENERATED AT THE INTEGRATED AND SEMI-INTEGRATED IRON AND STEEL INDUSTRIES AND IRON ORE PELLETIZING PLANTS