Published new CONAMA Resolution establishing national air quality standards

In brief

On July 11, 2024, the Brazilian National Environment Council (CONAMA in Portuguese) published Resolution No. 506 of July 5, 2024, which updated and established national air quality standards, as well as provided guidelines for their application, aiming to protect health and the environment.

More details

In general, CONAMA Resolution No. 506/2024 sets out the concentrations and acceptable limits for atmospheric pollutants, as well as the new phases to comply with the National Air Quality Standards fixed. In this sense, the new Resolution updates the national air quality parameters, amending provisions of the previous CONAMA Resolution No. 491/2018, which provided for air quality standards.CONAMA Resolution No. 506/2024 stipulates that the air pollutants emitted must comply with the concentrations set out in its Annex I and must be observed in the national territory by the bodies and entities that make up the Brazilian National Environmental System (Sisnama in Portuguese).

These standards, as already set out in Resolution No. 491/2018, will be implemented sequentially. The first stage, which includes intermediate air quality standards with concentrations of air pollutants similar to those already in effect, will remain in force until December 31, 2024. However, as of January 1, 2025, the new Resolution determines that more restrictive concentrations for the intermediate standards should be periodically imposed, until the final air quality standards are reached, which are guide values defined by the World Health Organization (WHO) in 2021.

The fourth and final phase for the intermediate air quality parameters is foreseen to come into effect in 2044, after which the final air quality standards will come into force according to a date to be set in a separate and new CONAMA resolution.

The new Resolution No. 506/2024 also stipulates that, in cases of air pollutants not considered by it, the competent environmental body may use guidelines established in relevant national or international legislation for the purposes of environmental monitoring and control.

Moreover, in line with the recently published National Air Quality Policy (Federal Law No. 14.850/2024), the new CONAMA Resolution stipulates that the Ministry of the Environment and Climate Change (MMAMC in Portuguese) must consolidate the information provided by state and district environmental agencies on air quality into a report. The MMAMC report and the information provided by local agencies will consider (i) the evolution of air quality at a national level, (ii) an assessment of the implementation of the pollutant emission control measures adopted, (iii) verification of compliance with national air quality standards and (iv) an analysis of the feasibility of adopting a subsequent national air quality standard, built in conjunction with state and district environmental agencies.

Also in line with the provisions of the National Air Quality Policy, the new CONAMA Resolution foresees that the MMAMC, together with local environmental agencies, must update and publish the Technical Guide for Monitoring and Evaluating Air Quality within 18 months of the Resolution coming into force. The guide will contain, among other points, the systematization of the calculation of the Air Quality Index (IQAr in Portuguese), which will be the value used for communicating the concentrations of monitored pollutants to the population.

Finally, both the MMAMC and local environmental agencies must publish the IQAr in real time, hourly or daily, calculated in accordance with Annex II of the Resolution.