CONAMA RESOLUTION 8, December 6, 1990
Published in the Official Gazette on Dec. 28, 1990, Section 1, 25539
Correlations:
· Complements CONAMA Resolution 5/89
Establishes provisions for the establishment of maximum levels of emissions of air pollutants caused by external combustion processes by fixed pollution sources.
The NATIONAL ENVIRONMENT COUNCIL – CONAMA, in the use of the power bestowed upon the Council by Law 6.938 of Aug. 31, 1981 changed Law 8.028 of April 12, 1990 regulated by Decree 99.274 of June 6, 1990 and in light of the provision of its Internal Regulations, and
Considering the provisions foreseen by CONAMA Resolution 5 of June 15, 1989 which instituted the National Program for Air Quality Control (PRONAR);
Considering the need to establish maximum pollution limits (emission standards) produced by fixed pollution sources;
Considering that the establishment of the above tool, on a national level, is the most effective tool for the control of atmospheric pollution coupled with the already existing maximum limits established by PROCONVE for vehicle emissions; and
Considering that external combustion processes compose the large majority of fixed pollution sources within the industrial complex and should therefore be the first emission activities that are regulated on a national level, decides:
Art. 1 Establish national maximum limits for the emission of pollutants into the air (emission standards) by new fixed external combustion sources with nominal power of up to 70 MW (seventy megawatts) and above.
§ 1 The definition of maximum pollution emissions is that provided by CONAMA Resolution 5 of June 15, 1989 which created PRONAR.
§ 2 For all purposes of this Resolution new pollution sources are those belonging to enterprises that will apply for licenses from the competent environmental organs after the date of publication of this Resolution.
§ 3 A external combustion process in point sources comprehends all burning of combustible substances through the following machines: boilers, vapor generators, plants for the generation of electric energy, ovens, furnaces, greenhouses and dryers for the generation and use of thermic energy, incinerators and gasifiers.
Art 2 The following maximum emission limits for total amounts of particles and sulfur dioxide(SO2) are established for all purposes of this Resolution, expressed in pollutant weight by highest colorific combustible power and colorimetric density, according to the classification related to pretended uses defined by PRONAR.
2.1 For new point sources with nominal power equal or under 70 MW (seventy megawatts):
2.1.1 Class 1 Areas
2.1.1.1 Areas whose atmosphere must be preserved (Conservation Units, except APAs). All air polluting activities are banned within these areas.
2.1.1.2 Areas whose atmosphere should be preserved (leisure, tourism, climate resorts, hydro-mineral and hydrothermal areas and resorts)
a) Total of Particles – 120 (one hundred and twenty) grams per million of kilocalories.
b) Colorimetric Density – Maximum of 20% (twenty percent) of the equivalent of the Ringlemann 1 scale, except in relation chimney cleaning operations and during the start of the hardware.
c) Sulfur Dioxide (SO 2 ) – 2.000 (two thousand) grams per million kilocalories.
d) The combustible oil consumption limit by a point source, (corresponding to the nominal capacity of all tools) is 3.000 tons per year. Consumption of oils that surpasses this limit must be previously approved by the state environmental organ and through the issuing of environmental licenses.
2.1.2 Class II and III Areas
a) Total of Particles
– 350 (three hundred and fifty) grams per million kilocalories (for combustion oils).
– 1.500 (one thousand five hundred) grams per million kilocalories (for mineral coal).
b) Colorimetric Density
– Maximum of 20% (twenty percent) of the equivalent of the Ringlemann 1 scale, except in relation chimney cleaning operations and during the start of the hardware.
c)Sulfur Dioxide (SO 2 )
– 5.0 00 (five thousand) grams per million kilocalories (for combustion oils and mineral coal).
2.2 For new point sources with nominal power above 70 MW (seventy megawatts):
2.2.1 Class I Areas
The installation of new polluting point sources in these areas is banned.
2.2.2 Class II and III Areas
a) Total of Particles
– 120 (one hundred and twenty) grams per million kilocalories (for combustion oils.
– 800 (eight hundred) grams per million kilocalories (for mineral coal).
b) Colorimetric Density
– Maximum of 20% (twenty percent) of the equivalent of the Ringlemann 1 scale, except in relation chimney cleaning operations and during the start of the hardware.
c) Sulfur Dioxide (SO2)
– 2.000 (two thousand) grams per million kilocalories for both combustion oils and mineral coal).
Art 3 It is the duty of state organs to establish maximum total emission limits for other particles, apart from combustion oil and mineral coal, sulfur dioxide and, when applicable, other polluting agents, at the time when environmental licenses are processed for different enterprises.
Art 4 It is the duty of environmental state organs to present proposals to their respective governments regarding the framework of their Class I and III areas, as foreseen by CONAMA Resolution 5/89 and CONAMA Resolution 3/90.
Art. 5 Compliance with the established maximum emission limits does not exempt enterprises from compliance with other possible complementing control requirements, according to current legislation.
Art 6 The verification of compliance with the maximum emission limits established by this Resolution, after the granting of the Operational License, may be performed by the licensing environmental organ or by the licensed enterprise, provided that it monitored by the licensing environmental organ.
Art 7 The hereby fixed maximum emission limits will be subjected to a first revision within two years and thereafter every 5 (five) years and other pollutants generated by external combustion processes from point sources may be added to those established by this Resolution.
Art 8 This Resolution shall enter into effect on the date of its publication.
JOSÉ A. LUTZENBERGER – Council President
TÂNIA MARIA TONELLI MUNHOZ – Executive Secretary
This text does not substitute the text published in the Official Gazette on Dec. 28, 1990.