CONAMA RESOLUTION 5, June 15, 1989
Published in Official Gazette on Aug. 25, 1989, Section 1, pages 14713-14714
· Complemented by CONAMA Resolutions 3 and 8/90
Establishes provisions for the National Program for the Control of Air Pollution (PONAR).
The NATIONAL ENVIRONMENT COUNCIL – CONAMA, in the use of the power bestowed upon the Council by Law 6.938 from Aug. 31, 1981 and art. 48 of Decree 88.351 from June 1, 1983,
Considering the growth acceleration of Brazilian industrial production, urban centers and vehicle circulation;
Considering the consequent progressive increase of atmospheric pollution, mainly in metropolitan regions;
Considering the negative effects of pollution on society, the economy and the environment;
Considering the perspectives for the continuity of the above conditions; and,
Considering the need to establish strategies for the control, preservation and recuperation of air quality, throughout the entire National Territory and according to the provisions of Law 6.938 from August 31, 1981 which created the National Environment Policy, decides:
I – To institute the National Program for Air Quality Control (PRONAR) as one of the basic tools for environmental management and in order to the safeguard population health and wellbeing and to improve the quality of life and aimed at the promotion of social and economic development of the Country according to environmental safety guidelines and through the setting of limits for pollution emissions by atmospheric pollution sources and thereby achieve the following objectives:
a) air quality improvement;
b) compliance with established standards;
c) uphold air quality in non-degraded areas.
2 – STRATEGIES
The basic PRONAR strategy is to limit, on a national level, emissions by source typology and priority pollutants and use air quality standards as a complementing control action.
2.1 MAXIMUM EMISSION LIMITS
It is considered a maximum emission limit the quantity of allowable pollutants that can be released by atmospheric pollution sources.
The maximum emission limits will be differentiated according to their classification related to their preponderant purposes for the different areas and will be more stringent when related to new pollution sources.
2.1.1 – New pollution sources are enterprises that have not previously been granted a license issued by the environmental licensing organ on the date of publication of this Resolution.
The above mentioned maximum emission limits will be defined through specific CONAMA Resolutions.
2.2 – ADOPTION OF NATIONAL AIR STANDARDS
Considering the need for the continuous assessment of control actions established by PRONAR, the adoption of air quality standards is seen as a complementing referential action directly related to established maximum emission limits.
2.2.1 – Two air quality standards are hereby established: primary and secondary.
a) Primary air quality standards are those related to pollutant concentrations which if surpassed may be hazardous to human health and may be seen as maximum tolerable atmospheric pollution levels and are grouped into short and medium term standards.
b) Secondary air quality standards are those related to air pollution concentrations that are not considering as being below the point when they can be hazardous to human health and wellbeing as well as subjecting fauna and flora to minimal hazards and the environment in general, may be seen as desired levels of pollutant concentrations and are grouped into long term standards.
The above mentioned air quality standards will be defined through a specific CONAMA Resolution.
2.3 – PREVENTION OF SIGNIFICANT AIR QUALITY DETERIORATION
In order to allow for the implementation of policies that will hinder the continued deterioration of air quality throughout the entire National Territory its areas will be divided according to the following classification related to intended uses:
Class I: Preservation areas, leisure and tourism such as National and State Parks, Ecological Stations and Reserves and Hydro-mineral and Hydrothermal Resorts. The air quality in these areas shall be upheld in levels that are very close to verified ones and must not be subjected to further anthropogenic intervention.
Class II: Areas where the level of air quality deterioration is limited by the standards that apply to secondary air quality standards.
Class III: Development areas where the level of air quality deterioration is limited by primary air quality standards.
CONAMA will, through specific Resolution, define Class I and Class III areas and nay other area will be considered as a Class II area.
2.4 – AIR QUALITY MONITORING
A National Network for the monitoring of Air Quality will be created as a strategy based on the need to measure and monitor the levels of air quality throughout the Country in order to assess the control actions established by PRONAR.
Therefore, a Basic Monitoring Network will be established in order to monitor air quality levels and
compare them to the respective established standards.
2.5 – MANAGEMENT OF LICENSING PROCESSES FOR AIR POLLUTION SOURCES
It is of strategic importance to establish a disciplinary system related to land occupation based on the previous licensing of pollution sources and polluting activities, considering that urban and industrial growth, not properly planned, aggravates air pollution conditions. This will allow for the previous assessment of impacts caused by polluting activities and prevent the uncontrolled deterioration of air quality conditions.
2.6 –NATIONAL AIR POLLUTION AND POLLUTANT SOURCE REGISTRY
In order to assist PRONAR, in relation to polluting loads and locations, it is of strategic importance to create a National Air Pollution and Pollutant Source Registry aimed at the development of methodologies with will allow for the registration and the estimation of pollution emissions as well as the processing of air pollution related data.
2.7 – POLITICAL MANAGEMENT
In light of the existence of interfaces created through the establishment and implementation or air pollution control actions with the different sectors of society, it is of strategic importance that PRONAR and the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA) coordinate their actions with the Direct or Indirect Federal, State and Municipal Public Administration organs in order to uphold permanent information and communication channels aimed at finding solutions to pertinent questions.
2.8 –NATIONAL ADVANCES IN AIR POLLUTION CONTROL
The effective implementation of PRONAR is directly conditioned to the professional capacity of
environmental organs and technological developments in the area of air pollution.
It is therefore a PRONAR strategy to provide incentives to environmental organs aimed at the empowerment of human and laboratory resources in order to achieve the creation of regional programs aimed at the fulfillment of established objectives.
Likewise, it is important to develop scientific and technological knowhow on subjects related to atmospheric pollution within environmental organs, universities, the productive sector and other institutions directly related to the subject matter and PRONAR must provide incentives for the creation of new scientific advancements that may be useful for the Program.
2.9 – SHORT, MEDIUM AND LONG TERM ACTIONS
Considering that the resources available for the implementation of PRONAR are limited it is of strategic importance to define short, medium and long term goals in order to prioritize resource allocations. The sequences of actions are defined as:
a) Short Term:
- Definition of emission limits for priority pollution sources;
- Definition of air quality standards;
- Framework of areas according to their preponderant uses;
- Assistance for the formulation of State Programs for the Control of Air Pollution;
- Laboratorial empowerment;
- Human Resource empowerment.
b) Medium Term:
- Definition of other limits for pollution emission sources;
- Implementation of the National Network for the Monitoring of Air Quality;
- Creation of the National Pollution Source and Emissions Registry;
- Laboratorial empowerment (continuity);
- Human Resource empowerment (continuity).
c) Long Term:
- Laboratorial empowerment (continuity):
- Human Resource Empowerment (continuity);
- Current and past PRONAR assessment.
3 – TOOLS
The following support and operational tools are hereby established in order to allow for the concretization of
PRONAR defined actions on a national level.
3.1 – PRONAR tools:
- Maximum emission limits;
- Air Quality Standards;
- PROCONVE – Program for the Control of Air Pollution Caused by Motor Vehicles, created through CONAMA Resolution 018/86;
- PRONACOP – National Program for the Control of Industrial Pollution;
- National Air Quality Assessment Program;
- National Air Pollution Source Registration Program;
- State Programs for the Control of Air Pollution.
4 – GENERAL PROVISIONS
- It is the duty of IBAMA to manage PRONAR.
- It is the duty of IBAMA to provide assistance for the formulation of control, assessment and registration programs that are PRONAR tools.
- It is the duty of States to establish and implement State Air Pollution Control Programs according to PRONAR established guidelines. Whenever necessary the maximum emission levels can be lowered at the discretion of state authorities.
- Complementing control actions can be adopted whenever necessary.
The strategies for the control of air pollution established by PRONAR will be subjected to revision processes
at any given time in order to comply with national air quality standards.
5 – This Resolution shall enter into effect on the date of its publication.
JOÃO ALVES FILHO – Council President
FERNANDO CÉSAR DE MOREIRA MESQUITA – Executive Secretary
This text does not substitute the text published in the Official Gazette on Aug. 25, 1989.