Clean air plan

from Wikipedia, the free encyclopedia

A clean air plan , called an air quality plan in EU law , is an instrument for area-specific immission control and is intended to ensure, in particular in metropolitan areas , that limit values ​​for air pollutants set by the European Union can be complied with. The legal basis is the European directives on air quality (96/62 / EC and 2008/50 / EC ) and limit values (1999/30 / EC). At national level, Section 47 of the Federal Immission Control Act (BImSchG) and the ordinance on air quality standards and maximum emissions apply in Germany, and Section 9a of the Air Pollution Control Act in Austria .

The manifold possible measures in an air pollution control plan include restrictions for rail and road traffic as well as for combustion systems and the establishment of so-called environmental zones .

The main difference to the action plan lies in the long-term conception of the air pollution control plan . However, since both types of plan deal with very similar issues in terms of content, action plans can be part of an air pollution control plan ( Section 47 (2) sentence 3 BImSchG); such plans are then referred to as air pollution control and action plans .

Basics

This article or the following section is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.

The basis for an air pollution control plan is the monitoring of the air quality by measuring stations and a screening . Measures need to be proposed to improve air quality. If the limit values ​​for air pollutants are exceeded, further measures must be taken ( § 47 Paragraph 1 to 3 BImSchG);

The following framework conditions play a role:

Air quality measurements are very cost-intensive and are only carried out selectively with a high level of measurement accuracy, e.g. B. on busy streets in cities. The measurement results would lose their meaningfulness through variable locations, since the weather and traffic are complex dynamic systems, the anomalies of which can only be recorded by static measurements. The number and type of measurements are largely standardized in the European directives. This ensures that the air quality is recorded in all cities or urban agglomerations with more than 250,000 inhabitants. Urban areas are those settlement areas in which the population density is more than 1000 people / km² and spread over a total area of ​​more than 100 km². In addition, rural areas are also recorded by providing at least one measuring point per 100,000 km². A minimum area of ​​200 m² is to be recorded for traffic, so that measurements in very narrow streets are excluded. In Germany, measurement errors are largely eliminated by regularly checking the data in the federal states and centrally by the Federal Environment Agency. In addition, background stations are also operated in less polluted areas in the cities for comparison

The published measurement data offer a wide range of interpretations due to the large number of variables. However, meaningful trends can be created using scientifically based calculation methods and mathematical models .

implementation

The type of implementation depends on the time in which an improvement in air quality is to be achieved. In this respect, the Kyoto Protocol can also be a long-term goal. The air pollution control and action plan is designed for a number of years in the medium to short term.

The previous implementations in Germany are based on the national ordinance on the enactment and amendment of regulations on the labeling of low-emission vehicles (35th BImSchV) through the establishment of environmental zones and further measures that are subject to the discretion of the respective authority. According to § 47 Paragraph 1-3 BImSchG in conjunction with §§ 27-29 of the 39th BImSchV , such measures are prescribed and can also be enforced by citizens and associations. Deutsche Umwelthilfe is often the plaintiff in the matter .

In 2011 such a lawsuit took place against the state of Hesse . Hesse was the Wiesbaden Administrative Court stopped on September 5, 2018 to [date] by February 2019 similar measures for Frankfurt implement.

In October 2012 , the Bavarian Administrative Court legally obliged the Free State of Bavaria to revise the clean air plan for Munich . In a more recent ruling, a concept for diesel driving bans was also called for in order to prevent nitrogen oxide limit values ​​being exceeded. The revised plan of the Free State of Bavaria did not provide for such. The Administrative Court of Munich imposed a fine of 4,000 euros on the Free State of Bavaria for disregarding the implementation of the final judicial ruling.

In Berlin , following a decision by the administrative court on October 9, 2018 , the Berlin Senate Department had to issue driving bans for diesel vehicles that do not meet Euro 6 standards on eight streets in the urban area. In addition, the Senate had to prepare a second update of the clean air plan. This was passed on July 23, 2019 and includes, in addition to driving bans, the arrangement of speeds of 30 km / h on a further 33 heavily traveled routes. An extension of driving bans to 120 road sections must be examined by the state of Berlin. The driving bans should come into force in August 2019. In addition, a speed limit of 30 km / h applies on the affected road sections. At the same time, the administrative court had ruled that it was not absolutely necessary to extend the section-wise driving bans to the entire “environmental zone”, which encompasses the majority of the city center, as the limit values ​​are observed in many parts there. The clean air plan provides for further measures to improve air quality, the modernization of the municipal vehicle fleet and the promotion of electric vehicles or retrofitting with NOx reduction systems for commercial traffic. Furthermore, by promoting public transport, cycling and walking, and by expanding parking space management from 40 to 75 percent of the city center, Berliners and commuters are to be encouraged to drive fewer cars in the city. In addition, the clean air plan includes measures in the areas of mobility management and logistics, passenger shipping, mobile and stationary machines and devices, heat supply, and spatial and urban planning.

literature

Web links

Individual evidence

  1. ↑ Directive 2008/50 / EC of the European Parliament and of the Council , accessed on January 9, 2010 . In: Official Journal No. L 152 of June 11, 2008, pages 1-44. Heading to Article 23.
  2. ↑ Directive 96/62 / EC of the Council of September 27, 1996 on the assessment and control of air quality . Article 8 paragraph 3 and 4
  3. ^ Lawsuits against the State of Hesse due to changes in the clean air plan, Wiesbaden Administrative Court , October 10, 2011.
  4. ↑ Court plans deadlines for Frankfurt In: faz.net, September 5, 2018, accessed on November 27, 2018.
  5. ↑ VGH Munich, decision of February 27, 2017 - 22 C 16.1427
  6. ↑ a b case law VG Munich, January 29, 2018 - M 19 X 17.5464 with the course of the proceedings
  7. ↑ Judgment of the Munich Administrative Court of January 29, 2018, Az. 22 C 16.1427
  8. ↑ Bavaria disregards court orders. In: Legal Tribune Online . Archived from the original on February 9, 2018 ; accessed on August 17, 2018 .
  9. ↑ Berlin must introduce diesel driving bans on several streets . In: Focus Online . October 9, 2018, accessed August 4, 2019
  10. ↑ Diesel driving bans and Tempo-30 for air pollution control . Senate Department for the Environment, Transport and Climate Protection, Clean Air Plan, 2nd update. Retrieved August 4, 2019.
  11. ↑ Clean Air Plan, 2nd update (2019) . Senate Department for Environment, Transport and Climate Protection. July 23, 2019, accessed August 4, 2019.