CONAMA Resolution 3/90

CONAMA Resolution 3, June 28, 1990
Published in the Official Gazette on Aug. 22, 1990, Section 1, pages 15937-15939
Correlations:
· Complements CONAMA Resolution 5/89
Establishes provisions related to air quality standards, as foreseen by PRONAR.

The NATIONAL ENVIRONMENT COUNCIL – CONAMA, in the use of the power bestowed upon the Council by item II of art. 6 of Law 7.804 of July 18, 1989 and in light of the provisions set by Law 8.028 of April 12, 1990 and Decree 99.274 of June 6, 1990 and,

Considering the need to broaden the number of atmospheric pollutants that are monitored and controlled throughout the Country;

Considering that Administrative Order GM 0231 from April 27, 1976 foresaw the establishment of new standards for air quality whenever demanded by new scientific acknowledgements on the subject matter;

Considering the provisions foreseen by CONAMA Resolution 5 from June 15, 1989 which creates the National Air Quality Control Program “PRONAR”, decides:

Art. 1 Air quality standards are the concentrations of atmospheric pollutants which, if surpassed, can be hazardous to human health, safety and the wellbeing of the population as well as possibly causes of damages tothe fauna and flora, material goods and the environment in general.

Single paragraph. Na atmospheric pollutant is understood as any form of substance or energy with an intensity and quantity, concentration, timing or characteristics that are not in harmony with established levels and which render, or can render the air:

I – unfit, hazardous or injurious to human health;
II – undesirable for public wellbeing;
III – hazardous to goods, fauna and flora;
IV – detrimental to safety, the use and enjoyment of property and normal community activities.

Art. 2 The following concepts are hereby established for all purposes of this Resolution:

I – Primary Air Quality Standards are pollutant concentrations that if surpassed may be hazardous to the health of the population.

II – Secondary Air Quality Standards are pollutant concentrations below those that can have any adverse effects on the wellbeing of the population as well as having minimal effects of the fauna, flora, goods and the environment in general.

Single paragraph. Air standard quality standards are objectives that should be reached through control strategies set by emission standards and must serve as guidelines for the creation of Regional Air Pollution Control Plans.

Art. 3 The following Air Quality Standards are hereby established:

I – Total of Particles in Suspension

a) Primary Standard
1 – medium annual geometric concentration of 80 (eighty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 240 (two hundred and forty) micrograms per cubic meter of air which cannot be exceeded more than once per year.

b) Secondary Standard
1 – medium annual geometric concentration of 60 (sixty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 150 (one hundred and fifty) micrograms per cubic meter of air which cannot be exceeded more than once per year.

II – Smoke

a) Primary Standard
1 – medium annual arithmetic concentration of 60 (sixty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 150 (one hundred and fifty) micrograms per cubic meter of air which cannot be exceeded more than one per year.

b) Secondary Standard
1 – medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 1oo (one hundred) micrograms per cubic meter of air which cannot be exceeded more than one per year.

III – Non-inhalable particles

a) Primary and Secondary Standards
1 – medium annual arithmetic concentration of 50 (fifty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 150 (one hundred and fifty) micrograms per cubic meter of air which cannot be exceeded more than one per year.

IV – Sulfur Dioxide
a) Primary Standard
1- medium annual arithmetic concentration of 80 (eighty) micrograms per cubic meter of air.
2- medium concentration during 24 (twenty four) hours of 365 (three hundred and sixty five) micrograms per cubic meter of air which cannot be exceeded more than one per year.

b) Secondary Standard
1 – medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 – medium concentration during 24 (twenty four) hours of 1oo (one hundred) micrograms per cubic meter of air which cannot be exceeded more than one per year.

V – Carbon monoxide

a) Primary and Secondary Standards
1- medium concentration during 8 (eight) hours of 10.000 (ten thousand) micrograms per cubic meter of air (9 ppm) which cannot be exceeded more than once per year.
2 – medium concentration during 1 (one) hour of 40.000 (forty thousand) micrograms per cubic meter of air (35 ppm) which cannot be exceeded more than once per year.

VI – Ozone

a) Primary and Secondary Standards
1 – medium concentration during 1 (one) hour of 160 (one hundred and sixty) micrograms per cubic meter of air which cannot be exceeded more than once per year.

VII – Nitrogen Dioxide

a) Primary Standard
1 – medium annual arithmetic concentration of 100 (one hundred) micrograms per cubic meter of air.
2 – medium concentration during 1 (one) hour of 320 (three hundred and twenty) micrograms per cubic meter of air.

b) Secondary Standard
1- medium annual arithmetic concentration of 100 (one hundred) micrograms per cubic meter of air.
2 – medium concentration during 1 (one) hour of 190 (one hundred and ninety) micrograms per cubic meter of air.

Art. 4 The following sample methods are hereby established for the analysis of atmospheric pollutants which will be defined by the respective Normative Guidelines:

a) Total of Suspension Particles – Large-Volume Sampling Technique or Equivalent Method.
b) Smoke – Reflectance Technique or Equivalent Method.
c) Non-Inhalable Particles – Inertial Particle Separation/Filtration Technique or Equivalent Method.
d) Sulfur Dioxide – Pararosaniline method or Equivalent Method.
e) Carbon Monoxide – Non-dispersive Infrared Sensor or Equivalent Method.
f) Ozone – Chemiluminescence or Equivalent Method.
g) Nitrogen Dioxide – Chemiluminescence or Equivalent Method.

§1 Reference Methods are methods approved by the National Institute of Metrology, Standardization and Industrial Quality (INMETRO) and, in their absence, those recommended by IBAMA and the more adequate ones and those that should be preferentially used.

§2 Methods that are equivalent to the reference methods may be adopted as long as they have been approved by IBAMA.

§3 Reference conditions are set at 25 degrees Celsius and pressure at 760 millimeters of mercury (1013.2 millibars).

Art. 5 The monitoring of air quality is the responsibility of the respective States.

Art. 6 The established Air Quality Standards are also valid for the creation of Emergency Plans for Critical Air Pollution Events, for measures undertaken by states and municipalities as well as by private entities and the general community and serve as a reference for the prevention of serious and eminent risks to health of the population.

§1 Critical Air Pollution Events are characterized by high pollutant concentrations in the atmosphere during a short period of time caused by meteorological conditions that are not favorable for the dispersion of the same.

§2 The Plan should also establish Attention, Alarm and Emergency Levels.

§3 The definition of any of the above mentioned levels must consider the concentrations of sulfur dioxide, total of suspension particles, reaction between total particles in suspension and sulfur dioxide, carbon monoxide, ozone, non-inhalable particles, smoke, nitrogen dioxide as well as meteorological forecasts and foreseen and awaited intervening factors.

§4 Measures undertaken due to the occurrence of Attention and Alarm Levels are undertaken in order not to reach the Emergency Level.

§5 The Attention Level must be declared by the upholding of foreseen emissions, the prevention of the same and the meteorological conditions that are not favorable for the dispersion of the pollutants and the occurrence, during the 24 (twenty four) subsequent hours, of one or several of the following conditions:

a) medium sulfur dioxide concentration (SO 2 ) during 24 (twenty four) hours of 800 (eight hundred)
micrograms per cubic meter;
b) medium concentration of total particles in suspension during 24 (twenty four) hours of 375 (three hundred and seventy five) micrograms per cubic meter;
c) medium production/reaction equal to 65×10 3 , between the concentration of sulfur dioxide (SO2) and the concentration of total particles in suspension – both in micrograms per cubic meter, during a 24 (twenty four) hour period;
d) medium concentration of carbon monoxide (CO) during a 8 (eight) hour period of 17.000 (seventeen
thousand) micrograms per cubic meter (15 ppm);
e) medium concentration of ozone during a 1 (one) hour period of 400 (four hundred) micrograms per
cubic meter;
f) medium concentration of non-inhalable particles during a 24 (twenty four) hour period of 250 (two hundred and fifty) micrograms per cubic meter;
g) medium smoke concentration during a 24 (twenty four) hour period of 250 (to hundred and fifty)
micrograms per cubic meter;
h) medium concentration of nitrogen dioxide (NO2) during a 1 (one) hour period of 1130 (one thousand one hundred and thirty) micrograms per cubic meter.

§6 The Alarm Level will be declared when the upholding of emissions forecasted as well as the non-
favorable meteorological conditions for the dispersion of pollutants during the subsequent 24 (twenty four) hours and during the occurrence of one or more of the following conditions:

a) medium sulfur dioxide concentration (SO2) during 24 (twenty four) hours of 1600 (one thousand six
hundred) micrograms per cubic meter;
b) medium concentration of total particles in suspension during 24 (twenty four) hours of 625 (six
hundred and twenty five) micrograms per cubic meter;
c) production equal to 261×103, between the concentration of sulfur dioxide (SO2) and the concentration of total of particles in suspension – both in micrograms per cubic meter and the medium rate measured during a 24 (twenty four) hour period;
d) medium concentration of carbon monoxide (CO) during a 8 (eight) hour period of 34.000 (thirty
four thousand) micrograms per cubic meter (30 ppm);
e) medium concentration of ozone during a 1 (one) hour period of 800 (eight hundred) micrograms per
cubic meter;
f) medium concentration of non-inhalable particles during a 24 (twenty four) hour period of 420 (four hundred and twenty) micrograms per cubic meter;
g) medium smoke concentration during a 24 (twenty four) hour period of 420 (four hundred and twenty)
micrograms per cubic meter;
h) medium concentration of nitrogen dioxide (NO2) during a 1 (one) hour period of 2260 (two thousand
two hundred and sixty) micrograms per cubic meter:

§7 The Emergency Level will be declared when the upholding of emissions forecasted as well as the non-favorable meteorological conditions for the dispersion of pollutants during the subsequent 24 (twenty four) hours and during the occurrence of one or more of the following conditions:

a) medium sulfur dioxide concentration (SO2) during 24 (twenty four) hours of 1600 (two thousand
one hundred) micrograms per cubic meter;
b) medium concentration of total particles in suspension during 24 (twenty four) hours of 875 (eight
hundred and twenty five) micrograms per cubic meter;
c) production equal to 393 x 10 3 , between the concentration of sulfur dioxide (SO2) and the concentration of total of particles in suspension – both in micrograms per cubic meter and the medium rate measured during a 24 (twenty four) hour period;
d) medium concentration of carbon monoxide (CO) during a 8 (eight) hour period of 46.000 (forty six
thousand) micrograms per cubic meter (40 ppm);;
e) medium concentration of ozone during a 1 (one) hour period of 1000 (one thousand) micrograms
per cubic meter;
f) medium concentration of non-inhalable particles during a 24 (twenty four) hour period of 500 (five hundred) micrograms per cubic meter;
g) medium smoke concentration during a 24 (twenty four) hour period of 500 (five hundred) micrograms
per cubic meter;
h) medium concentration of nitrogen dioxide (NO2) during a 1 (one) hour period of 3000 (three
thousand) micrograms per cubic meter.

§8 It is the duty of the States to acquire the necessary competence and to appoint the authorities responsible for the declaration of the different levels and these shall be made through any of the regular available means of mass communication.

§9 During the implementation of the above mentioned levels the pollution sources within the hit area will be subjected to the restrictions that have been previously established by the environmental organ.

Art. 7 CONAMA may establish other Air Quality Standards, apart from those stated here, if it deemed as necessary.

Art. 8 The primary air quality standards established by this Resolution will be implemented awaiting the decision by each state regarding the Class I, II and III classification mentioned in item 2, sub-item 2.3 of CONAMA Resolution 5/89.

Art. 9 This Resolution shall enter into effect on the date of its publication and all provisions to the contrary are hereby revoked.

JOSÉ A. LUTZENBERGER – Council President
TÂNIA MARIA TONELLI MUNHOZ – Executive Secretary

NOTE: Republished due to errors in article numbers (original version published in the Official Gazette 158 on Aug. 16, 1990, pages 15518-15519)

This text does not substitute the text published in the Official Gazette on Aug. 22, 1990.