Clean Air Law, 2008.
Country
Type of law
Legislation
Abstract
This Law, comprising 97 Articles divided into XII Chapters, aims to (1) improve air quality and (2) prevent and reduce air pollution in Israel by imposing prohibitions and obligations based on the precautionary principle to protect human life, as well as the environment, including natural resources, ecological systems, and biological diversity. The main provisions concern procedures for (i) setting air quality values; (ii) monitoring and reporting air pollution; (iii) granting and changing emission permits; (iv) conducting joint procedures with planning agencies; (v) regulating fuel and fuel additives; (vi) giving instructions to emission sources. As a general principle, the Law prohibits considerable or unreasonable air pollution thus the Minister of Environmental Protection sets maximum values for the presence in the air of pollutants categorized into three types (1) target values for preventing harm to life, health, and the environment; (2) ambient air quality values to control air pollution; (3) alert thresholds for immediate action in cases of short-term exposure risks. The Minister has the authority to define additional categories and update values and must periodically review and update these air quality values at least every five years.
As for monitoring and reporting air pollution, the Law provides for the following (i) the establishment and operation of a national system for air monitoring and reporting (art.7); (ii) the obligations of emission source owners to conduct emission monitoring and sampling, and to report the results to the Supervisor (art.15); (iii) the obligations of the Supervisor to publish the air monitoring and emission data on the Ministry’s website and to report to the government and the Knesset (art.16); (iv) the procedures for applying for an emission permit, including public participation and disclosure of information (arts.18-21); (v) the conditions and values that may be prescribed in an emission permit, and the ways to change, cancel, or suspend it (arts.22-24). The Law outlines the following provisions regarding emission permits (i) they are mandatory for major industrial polluters; (ii) they are issued based on the best available techniques (BAT) to prevent or reduce air pollution from emission sources; (iii) permit applications must include detailed information about the emission source, pollutants emitted, environmental impact, proposed BAT, and an implementation plan; (iv) they are transferable, renewable, modified, canceled, or suspended. The Law regulates fuel and fuel additives by imposing restrictions on pollutant emissions from industry, power plants, and transportation, and requires the implementation of a National Air Quality Strategy to reduce pollution (art.38). Articles 45 and 46 deal with the enforcement powers of the Supervisor and inspectors, which include issuing orders to prevent or reduce air pollution from emission sources, or to stop or limit their operation or use. Finally, Articles 48-50 concern the penalties and remedies for violations of the Law including fines, imprisonment, civil claims, and complaints.
The XII Chapters are entitled as follows: General Provisions (I); Air Quality Values and Monitoring (II); Emission Permits (III); Mobile Emission Sources (IV); Fuel and Fuel Additives (V); Prevention and Reduction of Air Pollution from Emission Sources (VI); Enforcement Powers (VII); Administrative Financial Sanctions (VIII); Criminal Liability and Remedies (IX); Civil Liability (X); Miscellaneous Provisions (XI); Transitional and Consequential Provisions (XII).
As for monitoring and reporting air pollution, the Law provides for the following (i) the establishment and operation of a national system for air monitoring and reporting (art.7); (ii) the obligations of emission source owners to conduct emission monitoring and sampling, and to report the results to the Supervisor (art.15); (iii) the obligations of the Supervisor to publish the air monitoring and emission data on the Ministry’s website and to report to the government and the Knesset (art.16); (iv) the procedures for applying for an emission permit, including public participation and disclosure of information (arts.18-21); (v) the conditions and values that may be prescribed in an emission permit, and the ways to change, cancel, or suspend it (arts.22-24). The Law outlines the following provisions regarding emission permits (i) they are mandatory for major industrial polluters; (ii) they are issued based on the best available techniques (BAT) to prevent or reduce air pollution from emission sources; (iii) permit applications must include detailed information about the emission source, pollutants emitted, environmental impact, proposed BAT, and an implementation plan; (iv) they are transferable, renewable, modified, canceled, or suspended. The Law regulates fuel and fuel additives by imposing restrictions on pollutant emissions from industry, power plants, and transportation, and requires the implementation of a National Air Quality Strategy to reduce pollution (art.38). Articles 45 and 46 deal with the enforcement powers of the Supervisor and inspectors, which include issuing orders to prevent or reduce air pollution from emission sources, or to stop or limit their operation or use. Finally, Articles 48-50 concern the penalties and remedies for violations of the Law including fines, imprisonment, civil claims, and complaints.
The XII Chapters are entitled as follows: General Provisions (I); Air Quality Values and Monitoring (II); Emission Permits (III); Mobile Emission Sources (IV); Fuel and Fuel Additives (V); Prevention and Reduction of Air Pollution from Emission Sources (VI); Enforcement Powers (VII); Administrative Financial Sanctions (VIII); Criminal Liability and Remedies (IX); Civil Liability (X); Miscellaneous Provisions (XI); Transitional and Consequential Provisions (XII).
Attached files
Web site
Date of text
Entry into force notes
This Law enters into force in January 2011.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
חוק אוויר נקי, התשס ח 2008