IES FSV UK

Regulation of the air pollution caused by tradic in CZ

Anna Osipova and Magdalena telzigov 2012

Content
Introduction ............................................................................................................................................ 3 Theoretical Part ....................................................................................................................................... 4 Existing legal instruments of regulation ............................................................................................... 4 Types of the traffic regulation .............................................................................................................. 5 Statutory tools ................................................................................................................................. 5 Civil tools ......................................................................................................................................... 6 The process of a lawsuit ................................................................................................................... 7 Construction of new transport infrastructure ...................................................................................... 7 Land use planning ............................................................................................................................ 8 Environmental impact assessment ................................................................................................... 9 Placement of road construction as source of air pollution ................................................................ 9 Construction management ............................................................................................................ 10 Occupancy permit.......................................................................................................................... 10 New air protection law ...................................................................................................................... 11 Case Study: Regulation of the air pollution of the Ostrava city caused by traffic D1 Highway .............. 12 Highway D1 ....................................................................................................................................... 12 Other attempts of Ostrava city to achieve lower air pollution caused by traffic .................................. 14 Electrobuses ...................................................................................................................................... 14 Cleaning ............................................................................................................................................ 15 Conclusion ......................................................................................................................................... 15 Conclusion............................................................................................................................................. 16

Introduction
Czech Republic, as well as the rest of Europe, is faced with deteriorating air quality. One of the major sources of air pollution is road transport. Air with high pollution has a significant impact on human health. Air of cities, particularly medium to large, with a high concentration of traffic has due to exhaust gases very similar effects as cigarette smoke. Researching doctors have proved that substances contained in the emissions of cars can lead to a large number of different serious health illnesses. The composition of exhaust gases of motor vehicles and their contents of chemical substances is significantly influenced by the type and condition of the engine, fuel and use of equipment to reduce emissions. The critical group to which the air pollution emission cars has greatest impact, are mainly children and old people. This group includes, of course, people with respiratory or heart diseases. The exhaust gases contain mainly carbon monoxide, carbon dioxide, sulfur dioxide, nitrogen oxides, hydrocarbons, polycyclic aromatic hydrocarbons, aldehydes, ground-level ozone, particulate matter and lead. All these constituents have serious effect on human health in direct or indirect way. For example the carbon monoxide blocks the transmission of blood oxygen. Carbon dioxide is not directly harmful to human health, but contributes to the formation of the greenhouse effect, which has resulted in climatic changes on Earth. Nitrogen oxides have very significant role, because even at low concentrations can lead to feeling of suffocation and forcing to cough, moreover they increases likelihood of respiratory diseases. Many of hydrocarbons and polycyclic aromatic hydrocarbons can be carcinogenic. Aldehydes can also lead to cancer or leukemia, then they cause asthma, difficulties with breathing and skin allergies. It is proved that lead emissions causes damages to the brain especially in children including a decline in their intelligence. Since 1. 1. 2001 the leaded gasoline has been banned in the Czech Republic. Dust particles can be very dangerous for human health, it depends on their composition and source. Soot in exhaust gases containing high content of carcinogenic

substances significantly increases risk of serious diseases of respiratory system. It depends on the size of particles how much deep into the system can be inspired, that is why the smaller particles are considered as most dangerous, they can get even into alveoli.

World Health Organization has developed various studies on the effects of air pollution on human health. It emerged that air pollution has led to the premature death of up to 370 000 people living in Europe, the Czech Republic namely 9000. Air pollution shortens the life of fine dust Europeans on average more than 8 months to Czechs by more than 10 months. The study also showed a direct effect of high levels of exhaust gases of diesel engines on increase the incidence of cancer. The increase was by 40%. World Health Organization states that during the years 1990-2004 43% of Europeans live in conditions where high levels of dust beyond the specified limits. As the most risky areas are considered Belgium, the Netherlands, Luxembourg, Czech Republic, Hungary and Poland, southern Spain and northern Italy.

Theoretical Part
Existing legal instruments of regulation
Despite the fact that transport is considered one of the leading causes of air pollution, the Czech Republic has not developed a strong system of legal instruments to regulate this type of pollution. Among the most important sources of regulation is a basic act, Act No. 86/2002 Coll. air protection. But he provides only very limited means to regulate. The main source of inflexibility is the character of traffic, the pollution caused by a single moving vehicle. A new law on the protection of ambient air, prepared by the Ministry of the Environment should improve this situation and provide specific tools to control air pollution from transport (see below). Legal instruments utilized to control air pollution from traffic can be divided into three thematic areas: Control of resources (efficiency and emission classes of motor vehicles) Regulation of traffic flows and existing transport infrastructure Limitations on the construction of new transport infrastructure

Control of emissions from sources is not included in this analysis. Legal options affecting this

area of the public are very small. Opposite is true, of course, in terms of consumer behavior. From the public point of view comes into consideration only the responsible use of vehicles if necessary, regular monitoring of vehicle emission parameters. The lobbing activities that are beneficial are consumer pressure on manufacturers of the vehicles with better emission

characteristics and requirements aimed at tightening their emission classes. Legislative details about the use of vehicles provided by law No. 22/1997 Coll. on technical requirements for products, and Act No. 56/2001 Coll. on conditions on the road.

Types of the traffic regulation

Statutory tools
Direct regulation

Direct statutory regulation of the air pollution caused by traffic is currently quite underdeveloped. Current directives do not make it possible for the appropriate government bodies to react to the rising air pollution caused by higher volume of traffic in the right way. Particular vehicles have to satisfy emission limits and other conditions of using the roadways. Drivers, sellers and suppliers of the cars have their general obligations set by the 14 th paragraph of the air protection law. But the regulation of the whole traffic flow with respect to air pollution does not currently exist. The only exception is so called smog situation, which is defined in the enactment of the 8th paragraph of the air protection law. Although this provision is nothing but an emergency break designed to prevent direct life and health threat and it cannot be considered as a good enough tool. Smog situation is defined as an extremely polluted air quality, when the level of air pollution is higher than a particular pollution limit, which is such that even by short-term exposure it can damage human health or the ecosystem (8 th paragraph of the air protection law). In case of smog situation the air protection authority can limit or prohibit entrance of cars into the area where it occurred. So called regulatory rules have to be implemented in the areas with lower air quality. These rules define the procedure which has to be followed in case of the smog situation.

Conceptual tool programs for lowering emissions Programs for lowering emissions include following types of documents: National program for lowering emissions (6th paragraph of the air protection law) Regional programs for lowering emissions (6th paragraph of the air protection law) Local programs for lowering emissions (6th paragraph of the air protection law) Programs for improving the air quality (7th paragraph of the air protection law) Action plans (7th paragraph of the air protection law) All these documents have one common basis, which dooms them to a total inefficiency they are not-committal documents approved without participation and following control of the public. Plans and programs are introduced for a certain period of time, after which they are renewed. They contain, or rather should contain steps for lowering emissions. One of the emission sources, which could be regulated using this tool, is traffic. In reality, however, plans and programs for lowering emissions, particularly those caused by traffic, are quite inefficient. To change this fact, it would be necessary to make some parts of these documents binding, tie them together with national planning and management, include the public into preparation and further implementation.

Civil tools
Some toos of air protection are provided by the private law. Since the statutory tools do not provide an efficient protection in case of air pollution caused by cars, the civil tools have quite a high potential in this area. However, it is still an unexplored area. The foundation of civil tools is the Civil Code. It contains tools that can be used for health and environment protection against the air pollution, as well as other health hazards. Some of the tools have a precautionary character, others are used for dealing with unlawful behavior or situation. Most frequently used accusatory types are neighbor action and protection of personality action. Currently there are many successful verdicts in the cases where house and flat owners

were troubled by the noise caused by traffic. This structure of actions can be transferred on the cases connected to air pollution caused by exhaust emissions.

The process of a lawsuit

The civil actions are decided by the courts. To create an action and for the court hearing is highly important to seek a legal representation. In case of failure a lawsuit can be quite expensive. The costs of a lawsuit can move around tens of thousands Czech koruna and are usually paid by the side that lost, so it can be a risky business and the action needs to be well supported to prevent this from happening. The plaintiff needs to prove what he claims, provide sufficient evidence that his action is valid. On the other hand the defendant only needs to defend himself claiming that the plaintiff did not provide sufficient evidence about the fact that he in particular was responsible for the violation of the plaintiffs rights, or that there was no violation at all (such as the air pollution is not higher than the norm, there was no harm to the health or it was not caused by the defendants actions). To prove his case the plaintiff can use almost any evidence that can show the actual situation and back up his claims. In the case of air pollution is the crucial evidence the experts report. This report should be made by an authorized company based on the plaintiffs request before the civil action is made. The result depends highly on the quality of the input data that will be available to the expert. Costs of such a report begin around tens of thousands Czech koruna and can exceed even one hundred thousand. In case of the protection of personality action it is necessary to provide an analysis of health risks, which is also quite expensive. Again, all of these costs are usually covered by the party that lost the case.

Construction of new transport infrastructure

Specific indirect tool used in an attempt to regulate air pollution transport is an effort to prevent or limit the construction of new transport infrastructure, which in particular area would

result in exceeding a specified value of air pollution, or worse, in areas with already exceeded limits more traffic and thus led to deepening of illegal situation. The main subject of investigation is the relationship of planning and construction of transport infrastructure and air protection, embodied in Act No. 86/2002 Coll. Classical administrative and building-legal line (land use planning - land management - construction management - building approval procedure) establishes the procedure for approving construction of new transport infrastructure. Particular approval processes are described below in individual sections emphasized the interconnection of the Clean Air Act. But often the cause of restricting or even preventing the construction of new roads is completely different overriding public interest (eg. selection of friendly alternatives, interest in nature conservation and landscape, interest in the protection of water resources or human health due to excess noise), a side effect of the failure to raise traffic and thus no deterioration of air quality. Improving air quality protection is often an argument advocates the construction of new transport infrastructure, particularly capacity transregional moves in the category, and freeway and highway bypasses of towns and villages. It is often a controversial issue. It is necessary to evaluate such cases individually and above all it is necessary to demonstrate expertise including development of trustworthy computing traffic intensity, which is counted in the overall increase in traffic caused by construction of new roads.

Land use planning

Key stage where it should be determined whether the traffic artery can be placed on the ground in terms of its carrying capacity, including as regards the emission situation. The development plan defines the functional area for the location of new roads, thus defining the transport corridor construction at a relatively concrete level. Most types of roads is thus reflected in the regional land use plan, while inter-regional traffic is already addressed in the Spatial Development Policy. In the process of acquisition planning documentation air protection authority gives its opinion. In the event that air pollution in the area exceeds the permitted level, or would have

happened by placing the road as a new source should be such a negative opinion of the law. Only if it has been shown to improve the condition, such as reducing the total pollution load by reducing emissions of other sources, can be another source permitted. The practice is usually different. Limit values are not considered by planning documents as a strict criterion.

Environmental impact assessment

Buildings and projects with major environmental impact must go through assessment procedure of their effects on the environment. The public has a legal opportunity to participate in this process. It can comment on the plan under consideration in addition to expression of important information on the extent and impact of planned activities on human health and the environment. The basis of the EIA process is the Act No. 100/2001 Coll., on the assessment of impacts on the environment. In the process of assessing the impact of road construction on the environment anyone has the opportunity to also express herself to the assessment of air quality protection and security during construction and subsequent operation. Its comments should send the air protection authority. Binding conditions laid down in the opinion of the EIA are usually binding on the stage of territorial management.

Placement of road construction as source of air pollution

The basic process for construction, reconstruction and relocation of roads is the territorial proceedings ( 84 to 96 of the Building Act). In the framwork of the land management concerned state authorities issue binding opinion under 149, paragraph 1 of the Administrative Regulations or opinion under Part Four of the Administrative Code in conjunction with 4 paragraph 2 of the Building Act. In terms of air protection this thing is very sad, because according to 17 paragraph 1 of the Law on Air Protection issued by the authorities of air protection opinions and permits placement of buildings and stationary sources of air pollution. Road transport is not considered a mobile source of air pollution to which the air protection authority does not issue a binding opinion. In out opinion it is possible to consider the road itself as a stationary source of air pollution, however, whether the source in the category of "medium"

and therefore subject to a binding opinion on the air protection authority is questionable. If the road could not be considered to be medium stationary source of air pollution, then the air protection authorities have in the land management issue an opinion as to Part Four of the Administrative Code (because they affect the interests of air pollution). Practice in this respect is also ambiguous. In any case it is a serious lack of current legislation and severe restrictions to control air pollution from transport.

Construction management
Building management is already advanced stages of the process of permitting construction of transport infrastructure. In this framework there is a civil engineering issues, not whether to build or not to occur. The building management can affect the overall appearance of the project expected to reduce the negative impacts of construction. Details of construction management are enshrined in the provisions of 109 to 116 of the Building Act. In terms of air at this stage is essential to ensure that construction impacts are minimized and vice versa was adopted measures that will reduce the emission load. Among the practical measures that can be in the building management to ask are: Planting of broad belts of greenery along the road Optimal setting speed limits (at 90 km/h is emitted significantly less pollutants than at the speed of 130 km/h or even 160 km/h) and checking its compliance Measures to avoid unnecessary braking and subsequent acceleration (eg "green wave") The obligation of regular cleaning of road from settled dust (secondary dust) Etc.

Occupancy permit
After the construction itself is the last stage in the permitting process, which is building approval ( 122 of the Building Act). The purpose of the occupancy permit prior to the actual use

of the building to verify that was built in accordance with and under the terms of a building permit. If not, the use of a building must be postponed to remedy the matter. In terms of air protection at this stage the possibilities of exercise are practically zero, and that because of the substantive and procedural reasons - air protection authority or the public concerned is unable to intervene in this process.

New air protection law

As was mentioned before, air pollution caused by traffic is not covered by the current lair protection law almost at all. This fact should be changed by the new air protection law that was prepared in 2009 and should come into force on the 1st or July 2012. This law enables towns and cities to define a section in their area, which would be prohibited to cars that do not fulfill emission limits. Similar possibilities were defined in a German notice that is now effective in 40 German cities. However, according to the Czech law, these sections can only be set up on special protected areas, spa areas or in case of exceeding the emission limits. Moreover, they must provide an alternative route on a roadway of same or higher class. According to the preliminary information, Ostrava is going to make use of this opportunity and set up some of these sections after the law has been implemented.

Unfortunately, the new law still does not deal with the high average age of rolling stock in Czech Republic, which is currently 13,7 years, which is 5,5 higher than the usual age in EU. The condition about introducing alternative route will not be particularly helpful in improving this fact.

Case Study: Regulation of the air pollution of the Ostrava city caused by traffic D1 Highway

As the picture shows, air pollution in Ostrava city is reaching extremely high values. According to the recent discovery of the Science Academy scientists even short-term stay in Ostrava can lead to damage of chromosomes, changes in genetic code and as a result to higher risk of cancer. Air in Ostrava is polluted by different factors, such as energy industry, household heating or traffic. We would like to concentrate on traffic in particular. Different analyses show that the influence of the traffic on the air pollution is very significant in the area of Ostrava. To ensure that the pollution situation will be under control, it is necessary to finish building traffic infrastructure, which will lead the traffic out of the living areas. The problem is though that the city does not have enough financial means to execute such projects.

Highway D1
After the opening and allowing free use of the D1 highway the number of vehicles driving through the city fell down to 50%. Setting up a fee for the use of the highway caused

many vehicles to return to the city, which had a significant negative impact on the air contition in Ostrava, which was already bad. Traffic is the cause of at least one third of the total amount of air pollution in Ostrava. On 18.12.2009 the mayor of Ostrava city officially asked the Minister of Transport to change the respective regulation No. 483/2009 that involves the use of paid roads and grant an exception to allow the part between 354 and 365 kilometer of the D1 highway, which is part of the Ostrava citys traffic network, to operate without charges. The reason was the fact that currently due to the charges imposed on that part of the highway the amount of traffic that was lead out of the city is considerably smaller then expected and the highway does not make economical sense for the citizens of Ostrava. The amount of vehicles that stopped using the highway after the fee was introduced was 2500 per day in both ways. This fact ultimately leads to extremely heavy load on the traffic inside the city and to the overload of the lower class roads, which leads to the high increase of air pollution. The Ministry of Transport responded negatively to the request of Ostravas mayor and declined it, although it would be an effective measure that provides quick results in term of limiting the emissions that pollute the air, in particular the NO 2, which is produced by the vehicles. This is one of the reasons why Ostrava is suing the state in connection with the air pollution of the Moravian-Silesian region. During October 2010 the Minister of Environment Pavel Drobil was preparing a new amendment to an act about the air pollution, which would i.a. in case of a smog situation cancel the fee on some parts of paid highways that would enable to access the highway crossing Ostrava city for free. The amendment would also enable the cities to set low emission areas. To be specific, city hall would have the right to specify areas in the city, which would be off limits to older vehicles that do not meet the emission requirements. According to the amendment the so called low emission area should be created a year after the city hall issues the regulation. The office would set the emission categories of the vehicles that are allowed to enter the area. Low emission area could be created only there, where the emission limits are exceeded and at the same time there is an alternative road without those limitations, which is of the same of higher class. Many critics of the amendment emphasized that even though the low emission areas are quite effective voluntary tool, it is unknown how much would the cities use it. Moreover,

according to the motion this tool would be implemented only a year after it has been pronounced by the city, so it would not help lessening the smog burden for the citizens during the next two winter seasons. In February 2011 the Ministry of Transport once more rejected the petition of Ostravas mayor Pert Kajnar for granting an exception that would cancel the fee on the citys part of the D1 highway. According to the mayor . The Ministry was recommending the city to use the current regulation concerning air protection that would set up a bypass root for the vehicles, which could include also the Ostavas part of D1 highway. However, this claim turned out to be incorrect. This regulation only included situations, in which the nearest part of the motorway was damaged or under construction. Some critics point out that there are parts of highways in Czech Republic that are free of fees for various reasons, e.g. in Prague and Brno. Thus, the rejection of the Ministry appears to be not only irrational and irresponsible, but also discriminative.

Other attempts of Ostrava city to achieve lower air pollution caused by traffic
Free public transport during the signal of smog regulation Ostravas councilors are attempting to enforce some alternative solutions. Last year in December they enforced free use of public transport during the signal of smog regulation.The transporters since then got reimbursed for their losses in the amount of almost 16 million koruna. This action was facing critique from the citizens of Ostrava, since most of them has monthly coupons for public transport anyway, so they did not save any money. Moreover, it did not lessen the number of vehicles on the motorways.

Electrobuses
The average age of buses operating in Ostrava is currently about 8,6 years. The age of the rolling stock corresponds with the aspect of emissions, and the EURO 5 norm is fulfilled only by 37 vehicles. To fulfill the basic requirement, which states that by the year 2014 the vehicles that do not fulfill at lease EURO 3 norm should be out of order, 160 vehicles have to be renewed. The city would like to use more electrobuses. Currently it has bought one electrobus worth

11 000 000 koruna. To improve the air quality is the transition to ecological vehicles very important. The electrobus has been purchased using the endowment program of the Ministry of Transport Program of renewal of public transport vehicles, subprogram: Renewal of the city public transport vehicles. According to the regulatory rules of this endowment program it is possible to get an endowment in amount of 600 000 koruna for vehicles from 7,5m to 10,7m, which is the case of the electrobus. In case of the buses with alternative fuel the amount is 500 000 koruna higher.

Cleaning
Another attempt of the councilors to improve the air quality in Ostrava is more frequent cleaning of the motorways in the city area. This prevents swirling of the dust. The frequency of cleaning of the roads that is given by the law is insufficient for Ostrava, which is facing high fallout of dust, so the city of Ostrava decided to engage in excessive road cleaning on its area. Since the year 2008 the frequency of road cleaning went up. Last year during the cleaning was collected 751 tons of garbage, 463 of which was collected during the excessive cleaning, financed by the city itself. Nevertheless, the city still attempts to increase the cleaning frequency, its motion contains request to purchase large number of cleaning machines that are able to collect particles of PM10. To achieve that the city wants to use the endowments within the Operational program priority axis 2 Improvement of air quality and reducing of the emissions. The support within the Operational program priority axis 2 will be provided using the means of the Cohesion Fund and it will be reaching up to 85% of the total public expenditures on projects introduced by public subjects.

Conclusion
According to the information above it is clear that the air situation in Ostrava is critical. It is the worst in the Czech Republic. In spite of this fact the state does not take any particular measures to fix this problem, it does not treat this situation like anything special, though it clearly is. Ostrava`s councilors try to solve this problem using all possible means they have available, but since the legal regulation tools are insufficient, the situation is not getting much better. Ostrava

city does not have enough means and authority to deal with the issue of such severity.In the last years Ostrava has attempted to achieve an exception granting free use of a part of D1 highway to bypass the city, but the state rejected it each time. Which is puzzling, since it would be quite simple treatment of this issue that should not burden the state very much, and moreover state already granted such exceptions before for Prague and Brno. Nevertheless, Ostrava does not give up and is still trying to come up with different solutions to the air pollution to compensate the lack of state involvement.

Conclusion
Road transport is one of the biggest sources of the air pollution. Mainly in the cities and main roadway lanes. At the same time it is quite difficult to regulate. Current air protection law does not regulate this area almost at all. Obligatory legal tools are completely missing and programs for lowering the emission levels are ineffective. Missing statutory tools and inability of the public administration offices to deal with this issue effectively leads to seeking of alternative ways. According to the previous experiences, civil action proved to be quite successful, in particular the neighbor action and protection of personality action. Another way are the attempts to reduce or prevent building new traffic infrastructure, which would cause the exceeding of acceptable air pollution level in the particular area or which would lead more traffic into the area that is already suffering from exceeded emission limits. Some of the problems may be solved by the new air protection law, which is going to come into force next year. It should provide some of the missing legal instruments needed to regulate traffic flow and thus reduce the air pollution caused by traffic. However, the new law will not cover everything and it will not be able to remove all the issues, thus it is still necessary to look for alternative ways that can be used even by current legal regulations.

Recources
Legal recources:
Building Act Act No. 22/1997 Coll. on technical requirements for products, Act No. 56/2001 Coll. on conditions on the road. Act No. 86/2002 Coll. air protection Act No. 100/2001 Coll., on the assessment of impacts on the environment

Internet recourses (websites)

The ministry of environment - www.mzp.cz European environment agency (EEA) - www.eea.europa.eu Enviviki - www.enviwiki.cz

Internet recourses (articles)

http://denikreferendum.cz/clanek/6463-drobil-chce-proti-znecistenemu-ovzdusi-v-ostravebojovat-dalnici-zdarma http://zpravy.ihned.cz/c1-46909500-drobil-chce-omezit-smog-zonami-kam-nepusti-stara-auta-idalnici-zdarma http://moravskoslezsky.denik.cz/zpravy_region/ostravska-dalnice-bude-ve-smoguzdarma20101207.html http://moravskoslezsky.denik.cz/zpravy_region/dalnice_smog_ostrava20110224.html http://ostrava.idnes.cz/bezplatna-dalnice-v-ostrave-nebude-stat-snad-prida-na-uklid-ulic-psx/ostrava-zpravy.aspx?c=A110225_1538945_ostrava-zpravy_jog http://www.vasevec.cz/blogy/co-prinasi-novy-zakon-o-ochrane-ovzdusi http://www.mzp.cz/cz/news_110720_z%C3%A1kon http://ekolist.cz/cz/publicistika/nazory-a-komentare/daniel-vondrous-environmentalistuv-rok http://www.ey.com/CZ/cs/Careers/Students/Joining-EY#fragment-1-na http://www.cssd.cz/aktualne/nazory-a-komentare/zimola-zakon-o-ochrane-ovzdusi-mnohoveci-opomiji-a-vubec-neresi/ http://www.euractiv.cz/evropa-dnes0/clanek/silnicni-doprava-zustava-nejvetsimznecistovatelem-ovzdusi-v-eu http://www.nadacepartnerstvi.cz/doprava/znecisteni-ovzdusi-statistika http://www.czrso.cz/index.php?id=443

http://aktualne.centrum.cz/tema/ovzdusi_846/doprava_27/