Hungary: Workshop Papers

The Legal Framework for Air Pollution Control in Hungary

Dr. Endre Kovacs, Division Head, Institute for Environmental Protection

Legislation in Force on Air Pollution Control

The legislation in force on air pollution control in Hungary is the result of its organic development over a long period of time. Legislation dedicated to this area was first introduced in 1971. Zoning was introduced with respect to targeted ambient air quality, and liability in the form of fines was imposed on polluters who caused harmful air pollution.

The first coherent legislation on air pollution abatement was issued in 1973 (Order No. 1/1973 (I.9) MT issued by the Council of Ministers). The basic aim of the Order was that air should be protected from all effects and polluting substances which alter its natural characteristics and is harmful to human health or the economy. Ambient air quality criteria were prescribed for the polluting substances. The regulations supplementing the Order gave methods for determining emission limit values based on the relationship between emission-transmission and ambient air quality. The practice of air pollution abatement in Hungary developed on this basis. The relevant legislation was significantly further developed in 1986 taking into account the experiences of the practical work in this field: the amended Order No. 21/1986 (VI.2) MT issued by the Council of Ministers and the modified Regulation No. 4/1986 (VI.2) OKTH issued by the President of the National Authority for Environmental Protection and Nature Conservation, NAEPNC).

Upon the enactment of the Act on Environmental Protection (No. LIII/1995), the Order took measures toward the implementation of zoning (conditions, authorization). The country's total territory will belong to 'Protected Area I,' with the exception of nature conservation areas ('Specially Protected Area') and industrial regions ('Protected Area II').

The Order lays down the requirements to be met in the process of planning, stipulating fines and liability based on emission limit values and requiring data submission by the polluters. It codifies opportunities to establish regulations in cases of episodic air pollution and prescribes principles of product qualification. Further, the Order defines the competent authorities and their tasks in the field of air pollution abatement.

Ambient air quality criteria are specified in standard No. MSz 21854-1990 for 34 polluting substances in detail according to zoning and to exposure time (annual, 24 hour, and 30 minute limit values are specified). This also determines the category of toxicity for the air polluting substances. A further 287 substances are controlled by limit values which should be implemented in the planning process, i.e., upon the calculation of the emission limit values for newly established sources. The period of time, and degree to which substances of differing toxicity may exceed the limit values is also specified. The standard comprises limit values for episodic smog, and this serves as the basis for the introduction of countermeasures.

The regulation specifies three types of emission limit values for stationary sources:

Environmental requirements for road vehicles have been specified in a regulation issued by the Minister of Transportation. This regulation comprises the requirements on air pollution abatement to be met when introducing vehicles to the road and throughout their operation. Emission limit values were specified for concentrations of CO, NOx and total unburned hydrocarbons in the exhaust gases of petrol engines, diesel engines, and for diesel exhaust.

Air pollution abatement is the responsibility of more than one ministry. However, the shared organizational structure inherent to this responsibility hinders the effectiveness of measures taken to promote air pollution abatement.

Forthcoming Legislation

Legislation to be issued in 1996 does not in principle differ from the regulations accepted at international level. It is based on the legislation of developed countries, the regulations of the European Community, and the guidelines of the World Health Organisation (WHO) and the European Union (EU). Hungary is also committed to strictly observing those international agreements it has signed.

Legislation on air pollution abatement is based on the codified principles of the new Environmental Protection Act (LIII/1995). A series of legislative modifications are due to be carried out in 1996. These are as follows:

Modifications in Legislation Concerning Ambient Air Quality

In 1990 the national standard No. MSz 21854 on ambient air quality criteria came into force, comprising definitions, limit values, and prescriptions for the measurement and evaluation of ambient air quality.

The zoning system will be modified and the "protected area II" abolished. This will result in the modification of ambient air limit values. The evaluation of ambient air quality in residential areas will be modified, too, in order to assure the possibility of comparison with international data. A method will be established for the monitoring of pollutants and the compiling of data, on the basis of which future measures could be implemented in the case of especially polluted regions.

Modifications to Legislation Concerning Emission Control

The proposal for the new legislation differs in principle from the legislation in force, i.e., from the system of regional emission limit values. The method implemented in Germany is envisaged as a basis for this legislation. To this end, requirements, including control methods, have been compiled for especially important technological processes, on the basis of the best available technology (BAT), taking into account specific conditions in Hungary.

The requirements for polluters not controlled by specific regulations have been determined by way of general limitations and liabilities on the licensing, establishment, and operation of polluting sources and on other obligations imposed by the authorities.

The role of stack height in the relationship between emissions and ambient air quality will be clearly established, along with the methods to be used.

Establishment of an Information System

An information system is to be developed to assure the effective implementation of the legislation. The conditions and liabilities on data submission, and on publicizing these data (i.e., free access to information), have yet to be fully regulated. Therefore data cannot easily be obtained, either for public interest or for 'practical work'. The new legislation is expected to fundamentally modify this situation, taking into consideration official secrecy, however, as and when necessary.

Predictable Effects of Forthcoming Legislation

Emission limit values will be modified in many cases due to the transition to the technological emission limits. It is predictable that in cases where there are many low stacks (sources), limit values will be higher. In contrast, in cases where there are only few high stacks (sources), emission limit values will be stricter.

The system of fining currently in force will undergo major change. The present system will be abolished and in the future all enterprises in possession of air polluting sources are liable to pay a fee for the use of the environment. In the case of emissions in excess of limit values the operator of the existing stationary source is also liable to pay fines. The rate of this fine depends on the toxicity and amount of the substance and on the degree of excess.

Special attention will be focused on polluting facilities such as those used in power generation and waste incineration, i.e., strict emission limits will be issued.

Urban air pollution is generated mainly by traffic. Thus, emission control of mobile sources is one of the main targets of the new legislation on air pollution abatement. The development of legislation will result in requirements which necessitate, among other things, the installation of catalytic converters in automobiles released onto the road in the future.

Trends in the Emission of Pollutants in Hungary

An emission inventory of pollutants generated by anthropogenic sources was established according to the legislation on air pollution abatement and has been updated yearly. The major trends are shown in Table 1. The figures in the table have been rounded up. Where no data appears, it is either unavailable or unavailable in an appropriate form.

The reduction of emissions has been due to:

Table 1: Trends in the emissions of pollutants in Hungary (without natural sources)


1980 1985 1990 1992 Changes in %
(1985-1992)
CO2 (Mt)
Total 92 89 74 65.9 -26%
Traffic 7.4
Industry 14.6
Power plants 23.8
SO2 (kt)
Total 1,633 1,404 1,010 827 -41%
Industry1 494 459 268 182 -60%
Power plants2 688 526 435 456 -13%
NOx (kt)
Total 273 262 238 183 -30%
Traffic 111 110 116 94 -37%
Industry1 31 27 20 15 -44%
Power plants2 73 65 48 41 -37%
CO (kt)
Total 804 836
Traffic 490
Industry 248
Power plants2 19
NH3 (kt)
Total 170 176 140 -18%
Particular matter (kt)
Total 577 492 205 160 -67%
Traffic 19 11 6 12 +9%
Industry3 239 233 71 64 -73%
Power plants2 223 131 34 23 -82%
NMVOC (kt)
Total 205.04 143.55 135.8 -34%6
Road traffic 90.5 72.5 67.9 -25%
Solvent use 78.5 45.0 43.0 -45%
Oil industry 35.0 25.0 24.0 -31%
Power plants 10.0 1.0 0.9 -10%

  1. For industry only, heat generation included.
  2. Power plants and district heating systems.
  3. For industry technological processes, heat generation included.
  4. For the year 1988
  5. For the year 1991
  6. 1992 from 1988

References

  1. Amended Order No. 21/1986 (VI.2) MT issued by the Council of Ministers regarding the Protection of Air Quality.
  2. Amended Regulation No. 4/1986 (VI.2) OKTH of the President of the National Authority for Environmental Protection and Nature Conservation on the implementation of Order No. 21/1986 (VI.2) MT regarding the Protection of Air Quality.
  3. Regulation No. 5/1990 (XII.6) NM of the Minister of Public Welfare & Health on air polluting substances, ambient air quality criteria, and on the monitoring of ambient air quality.
  4. Hungarian Standard MSz 21854-1990 on ambient air quality criteria.
  5. Data on air pollution abatement. Issued by the Ministry of Environment and Regional Policy, Budapest, 1994.


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