Executive Regulation For Air Quality

Article (1) - Definitions

  • The following terms and expressions - wherever they appear in this executive regulation – shall have the meanings set forth below, unless the context requires otherwise:

    • Law: Environmental Law.

    • Executive Regulation: Executive Regulation for Air Quality.

    • Ministry: Ministry of Environment, Water and Agriculture. Minister: Minister of Environment, Water and Agriculture.

    • Center: National Center for Environmental Compliance. Competent

    • Authority: The Ministry or any of the national environmental centers, within their jurisdiction.

    • Person: Any public or private natural or legal person.

    • Activity: Any industrial, commercial, or service-related facility, project, business, or other activities that are expected to have an environmental impact.

    • Supervising Authority: Any government body that is legally authorized to supervise the activity, and that is mandated to issue licenses for the undertaking of activities under its jurisdiction.

    • Permit: Document issued by the center to a person before undertaking an activity. Permittee: Person who is granted a permit in accordance with the provisions of this executive regulation. License: Document issued by the center authorizing a person to undertake an environmental activity.

    • Licensee: Person who is granted a license in accordance with the provisions of this executive regulation. Service

    • Provider: Person licensed by the center to provide environmental services.

    • Environment/Environmental Media: All that surrounds man, animals, plants, or any other living organism, such as water, air, land, soil, organisms, biodiversity, atmospheric gases, waterbodies and all the contents of these milieus such as inanimate objects, various forms of energy, habitats, and natural processes, and their interaction with each other.

    • Environment Protection: Preservation of the environment, which includes preventing pollution and mitigating its severity, reducing environmental degradation, and ensuring sustainable development; through the compliance with standards, requirements and preventive or remedial measures related to the environment in accordance with the provisions of the law and the executive regulations. Air Quality: Air characteristics, assessed according to the standards and norms set by the competent authority to protect the environment and human health. Ambient Air: Atmospheric air where all life activities occur, not including indoor air.

    • Air Pollutants: Presence of one or more substances in certain quantities or characteristics, over a period of time, that directly or indirectly lead to damaging the air quality.

    • Environmental Degradation: Severe damage to the environment due to the depletion of natural resources, or the destruction of habitats, or the extinction of wildlife, or the pollution of environmental media and the decline of air, water and soil quality. Compensation: What is paid by the person causing damage, pollution, or environmental degradation; to repair or remove the deterioration resulting from such damage, pollution, or environmental degradation. This includes rehabilitation costs to be paid in case rehabilitation works cannot be carried out by the person causing damage, pollution, or environmental degradation.

    • Emissions: Release of gases or airborne particles from a specific source into the air.

    • Point Sources: Permanent or semi-permanent activities resulting in the emission of air pollutants, such as industrial stacks, energy production plants, and the dust resulting from mining activities and construction works, amongst others.

    • Fugitive Emissions: Gas, liquid, vapor, smoke, drizzle, or dust released from equipment or devices used in any activity.

    • Environmentally Sensitive Areas: Areas that have environmental significance and whose degradation leads to adverse environmental consequences. They include protected areas, parks, forests, wetlands, significant areas for birds, mangroves, landscaped sites, watersheds, water catchment and run-off areas, beaches, waterways, aquifers, or any area(s) identified or declared by the State, the Ministry, or national environmental centers as environmentally sensitive areas.

    • Sensitive Receptors: Receptors that are likely to be significantly affected by an activity or project due to their geographical proximity or sensitive nature. They include environmental elements, living species, archaeological, cultural, and religious sites, and community groups (such as endangered species, hospitals, elder care centers, schools, residential complexes, and others).

    • Standards: Maximum allowable limits or percentages of pollutants or emissions to ensure the quality of environmental media.

Article (2) – Application Scope

  • The provisions of this executive regulation shall apply to all persons within the Kingdom’s territory.

Article (3) – The Center’s Scope of Work regarding Air Quality

  • The center shall undertake the tasks related to air quality and its protection against pollution, including:

    • (1) Proposing environmental standards, requirements, and controls related to air quality and its protection against pollution and submitting them to the Ministry for approval.

    • (2) Tracking and evaluating air quality as well as sources and levels of air pollutants in accordance with environmental standards and requirements.

    • (3) Obtaining – from individuals, governmental and non-governmental entities – information and data related to air quality and emissions from various sources, and what is needed to perform their tasks.

    • (4) Developing national project plans and implementing them with the aim of reducing and mitigating air pollution.

    • (5) Tracking air quality indicators.

    • (6) Developing the necessary controls, procedures, and measures required to be taken when persons are about to exceed air quality standards and monitoring their implementation when necessary.

    • (7) Developing and reviewing national studies and reports related to air quality.

    • (8) Cooperating with universities, research centers, and institutions for matters related to air quality.

    • (9) Adopting rules, requirements, and controls for permits and licenses related to air quality.

    • (10) Issuing permits and licenses related to air quality and collecting the corresponding financial dues.

    • (11) Approving vocational training programs and specialized training entities that grant certifications in the field of taking measurements and installing equipment for measuring air quality and emissions from sources.

    • (12) Coordinating with the Ministry to implement the provisions of international and regional agreements related to air quality of which the Kingdom is a state party.

    • (13) Proposing and implementing studies and research related to air quality.

    • (14) Organizing environmental awareness activities related to air quality, including organizing courses, seminars, specialized workshops, and media campaigns.

    • (15) Inspecting and apprehending violations to the executive regulation; and coordinating with the Ministry of Interior when necessary regarding the apprehension of violators

Article (4) - Ambient Air Quality

Article (5) - Emissions from Point Sources

Article (6) - Emissions of Fugitive Organic Matter

Article (7) - Controls for Reducing Emissions of Volatile Substances (Dust and Aerosols)

  • Persons when carrying out exploration, excavation, construction, demolition, transportation of resulting waste, transportation, loading or unloading of any materials or soil must take the necessary precautions during these activities=, in addition to the necessary precautions for safe storage or transportation to prevent its volatilization, including following:

    • (1) Covering volatile materials in the work site or fixing them by other means such as spraying with water or placing them in closed areas so as not to pollute the ambient air.

    • (2) Using special transportation modes that are equipped with means specific to the prevention of volatile substances (dust and plankton) emissions when transporting, loading, or unloading waste and dust.

    • (3) The persons referred to in this article must install the routes and methods of transporting materials by any appropriate means to limit the emission of volatile materials therefrom at the activity execution sites.

Article (8) – Violations Apprehension and Penalties Imposition

  • (1) Violations of the provisions of the executive regulation shall be apprehended, and the penalties set out in Table (3) shall be imposed in accordance with the Executive Regulation for Apprehension of Violations and Imposition of Penalties related to the Environmental Law, taking into account the following:

  • (2) Serious violations shall be prescribed a penalty proportional to the degree of damage, the size and inherent importance of the damaged site, and the economic and social implications arising therefrom.

  • (3) The estimation of the penalty for significant violations referred to in clause (1) of this article shall be made by a committee formed of experts and qualified persons, established through a decision of the center’s CEO.

  • (4) Violations related to air quality deemed serious if they involve any of the following acts:

    • a. Acts that lead to environmental degradation.

    • b. Acts that harm sensitive receptors or environmentally sensitive areas.

 

 

Table (3) - Violations and Penalties

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