2022
2022
s2021-395
2022-12-16
Protection of the Environment Operations
Act 1997
act-1997-156
reg
reprint
allinforce
LW 16 December 2022
2028-09-01
sl-2022-0811
b4134d83-70b3-49db-a399-821ed1b9ccbc
8e0375da-1d9f-4da5-a77c-3c514067d515
none
website
1
Part 1Preliminary
1Name of Regulation
This Regulation is the Protection of the Environment Operations (Clean Air)
Regulation 2022.
2Commencement
This Regulation commences on 16 December
2022.
Note—
This Regulation repeals and replaces the Protection of the Environment Operations (Clean Air)
Regulation 2021.
3Definitions
The Dictionary defines words used in this
Regulation.
Note—
The Act and the Interpretation Act 1987 contain
definitions and other provisions that affect the interpretation and
application of this Regulation.
Part 2Domestic solid fuel heaters—the Act, Sch 2, cl
6A
4Definitions
In this Part—
certificate of
compliance—see section 6(1)(b).
certificate of
exemption—see section 6(2).
domestic solid fuel
heater—see section 5(1).
model of domestic solid fuel heater
means a particular design of heater made by a particular
manufacturer.
Standard 4012 means AS/NZS 4012:2014, Domestic solid fuel burning appliances—Method for
determination of power output and efficiency, as in force
from time to time.
Standard 4013 means AS/NZS 4013:2014, Domestic solid fuel burning appliances—Method for
determination of flue gas emission, as in force from time
to time.
5Heaters to which Part applies
(1)
This Part applies to solid fuel burning
appliances that are designed, manufactured or adapted for domestic use
(domestic solid fuel
heaters).
(2)
However, this Part does not apply to a domestic
solid fuel heater if the heater is—
(a)
a masonry appliance built on-site,
or
(b)
a central heating appliance that is intended to
be used for the space heating of premises by transferring heat to the living
areas of the premises by ducted hot air, hot water or another fluid,
or
(c)
a cooking stove appliance—
(i)
that has at least 1 cooking hot plate,
and
(ii)
that has an oven with a volume of not less than
28 litres, and
(iii)
around which gaseous combustion products are
capable of being routed, or
(d)
an appliance intended for use solely for heating
water, or
(e)
an appliance intended for use solely for
distributing heat through ducts, or
(f)
an automatic, continuous feed, pellet fuel
burning appliance that is designed and manufactured to burn compressed wood or
biomass pellets, known as a pellet heater.
6Sale of heaters—certificates of
compliance
(1)
A person must not sell a model of a domestic
solid fuel heater to another person unless—
(a)
the heater is marked in accordance with Standard
4012 and Standard 4013, and
(b)
a certificate (a certificate of
compliance) is in force in relation to the model that
certifies the model—
(i)
complies with Standard 4012 and Standard 4013,
and
(ii)
has an overall average efficiency of not less
than 60% as tested and calculated in accordance with Standard 4012,
and
(iii)
has an appliance particulate emission factor, as
tested and calculated in accordance with Standard 4013, not greater
than—
(A)
for heaters with catalytic combustors—0.8
grams per kilogram, or
(B)
otherwise—1.5 grams per kilogram,
and
(c)
if the sale is to a person whose business
includes the wholesale or retail sale of domestic solid fuel heaters—a
copy of the certificate of compliance has been given to the
purchaser.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—100 penalty
units.
(2)
This section does not apply to a model of a
domestic solid fuel heater if a certificate (a certificate of
exemption) is in force in relation to the model that exempts
the model from compliance with Standard 4012 and Standard
4013.
(3)
A certificate may be issued for the purposes of
this section by a body approved by the EPA to issue the
certificate.
7Interference with heaters
(1)
A person must not—
(a)
alter the structure, exhaust system or inlet air
system of a model of domestic solid fuel heater if a certificate of compliance
or certificate of exemption is in force in relation to the model,
or
(b)
mark on a model of a domestic solid fuel heater
that it complies with Standard 4012 or Standard 4013, or both, if a
certificate of compliance is not in force in relation to the
model.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—100 penalty
units.
(2)
This section extends to a person who causes or
permits the doing of a thing that is prohibited under this
section.
(3)
This section does not apply to the carrying out
of repair work on a domestic solid fuel heater, including repairs or
alterations carried out in accordance with a notice under the Act, section
96.
Part 3Control of burning—the Act, Sch 2, cl
6
Division 1Preliminary
8Application of Part
(1)
This Part does not apply to the carrying out of
emergency bush fire hazard reduction work.
(2)
This Part does not apply to the burning of a
prohibited plant or prohibited drug to destroy the plant or drug in accordance
with the Drug Misuse and Trafficking Act
1985.
(3)
This Part does not apply to the burning of
biosecurity matter or a carrier to minimise or eliminate a biosecurity risk if
the burning is carried out by—
(a)
an authorised officer exercising functions under
the Biosecurity Act 2015,
or
(b)
a person authorised or required to carry out the
burning under that Act.
(4)
In this section—
emergency bush fire
hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The Act, section 133 further enables the EPA to
prohibit the burning of fires in the open or in incinerators. Other
legislative controls also regulate the lighting of fires—see the Biodiversity Conservation Act 2016, the
Local Land Services Act 2013 and the
Rural Fires Act
1997.
Division 2Obligation
to prevent air pollution
9General obligation to prevent or minimise air
pollution
(1)
A person who burns anything in the open or in an
incinerator must use all practicable means to prevent or minimise air
pollution.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
Without limiting subsection (1), the means of
preventing or minimising air pollution may include the following—
(a)
mitigating the potential for smoke impacting on a
person, considering—
(i)
wind direction, and
(ii)
weather conditions, and
(iii)
the likely length of burning time of the
material,
(b)
taking reasonable measures to ensure the material
being burnt is not wet,
(c)
burning only material that is suitable for
disposal by burning, considering the possible effects on human health and the
environment.
Division 3Burning
certain prohibited items
10Prohibition on burning certain prohibited
items
(1)
A person must not burn the following items in the
open or in an incinerator—
(a)
tyres,
(b)
coated wire,
(c)
paint containers and
residues,
(d)
solvent containers and
residues,
(e)
timber treated with—
(i)
copper chromium arsenate (CCA),
or
(ii)
pentachlorophenol
(PCP).
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
This section does not apply to the
following—
(a)
an item burnt in an incinerator subject to an
environment protection licence if the burning is authorised by the
licence,
(b)
a tyre burnt to instruct in methods of fire
fighting by a person acting in an official capacity as—
(i)
an officer or member of a fire fighting
authority, or
(ii)
a fire control officer of the NSW Rural Fire
Service,
(c)
an item burnt—
(i)
by a person at the direction of a public
authority, and
(ii)
under and in accordance with an approval granted
to the public authority by the EPA under this
Division.
11Approval granted to public authority by
EPA
(1)
The EPA may grant an approval to a public
authority for the purposes of this Division, only in relation to the following
activities—
(a)
research to improve safety in relation to the
flammability of materials and smoke reduction, including the development of
testing procedures,
(b)
training of fire fighters,
(c)
rating of the effectiveness of fire extinguishers
and fire suppression systems,
(d)
testing to certify that manufactured or imported
products—
(i)
comply with Australian Standards or International
Standards, or
(ii)
meet legislative
requirements.
(2)
The approval is granted by giving written notice
of the approval to the public authority.
(3)
The approval is subject to the conditions
specified in the notice.
(4)
The approval may be amended or revoked by a
further written notice given to the public authority.
(5)
The approval remains in force for—
(a)
the period specified in the notice,
or
(b)
if no period is specified—12
months.
(6)
The EPA may revoke an approval at any
time.
Division 4Controls
for local government area
12Prohibition of burning in particular local government
areas
(1)
A person must not burn the following matter in
the open or in an incinerator—
(a)
if in a local government area specified in
Schedule 1, Part 1—any matter,
(b)
if in a local government area specified in
Schedule 1, Part 2—vegetation,
(c)
if in a local government area specified in
Schedule 1, Part 3—any matter other than
vegetation.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
This section does not apply to the burning of
matter that is specifically authorised for the purposes of this
Division.
13Authorised burning of domestic waste
(1)
Burning of domestic waste is authorised for the
purposes of this Division if—
(a)
the burning is carried out on residential
premises in a local government area specified in Schedule 1, Part 3,
and
(b)
the domestic waste was generated on the premises,
and
(c)
domestic waste management services are not
available to the premises.
(2)
In this section—
domestic waste means
waste that is of a kind and quantity ordinarily generated on domestic
premises, but does not include vegetation.
domestic waste
management services has the same meaning as in the Local Government Act 1993.
Note—
The Local Government Act
1993 defines domestic waste
management services as services comprising the periodic
collection of domestic waste from individual parcels of rateable land and
services that are associated with those services.
14Authorised burning for recreation
purposes
Burning of the following fuel is authorised for
the purposes of this Division if the burning is carried out for recreational
purposes—
(a)
dry seasoned wood,
(b)
liquid petroleum gas (LPG),
(c)
natural gas,
(d)
proprietary barbecue fuel, including a small
quantity of fire starter.
Example—
cooking and barbecuing, picnicking, camping and
scouting
15Authorised burning of vegetation for agricultural
operations
Burning vegetation is authorised for the purposes
of this Division if the burning is carried out—
(a)
on the premises on which the vegetation grew,
and
(b)
as part of agricultural operations,
including
(i)
clearing the premises of vegetation, other than
for construction on the premises, or
(ii)
the burning of stubble, orchard prunings,
diseased crops, weeds or pest animal habitats on farms, or
(iii)
the burning of pasture for regenerative
purposes.
16Authorised burning for bush fire hazard reduction and
training fire fighters
Burning matter is authorised for the purposes of
this Division if the burning is carried out—
(a)
under the authority of, and in accordance with, a
bush fire hazard reduction certificate issued under the Rural Fires Act 1997,
or
(b)
to instruct in methods of fire fighting by a
person acting in an official capacity as—
(i)
an officer or member of a fire fighting
authority, or
(ii)
a fire control officer of the NSW Rural Fire
Service, or
(iii)
an industrial fire control
officer.
17Authorised burning—incinerators and
flares
(1)
Burning matter is authorised for the purposes of
this Division if the burning is carried out—
(a)
in an incinerator subject to an environment
protection licence and the burning is authorised by the licence,
or
(b)
in an incinerator—
(i)
equipped with a primary and secondary furnace,
and
(ii)
designed, maintained and operated in a way that
ensures the maintenance of appropriate temperatures for the complete
combustion of anything that the incinerator is designed to burn and prevents
the escape of sparks or other burning material, and
(iii)
equipped with suitable equipment that is
designed, maintained and operated for the purposes of controlling air
impurities in the exhaust gas once the incineration process has been
completed, and
(iv)
not installed in a residential building
comprising home units, flats or apartments.
(2)
Burning air impurities is authorised for the
purposes of this Division if the burning is carried out by the process known
as flaring with a flare designed, maintained and operated to prevent or
minimise air pollution.
Note—
See section 67 for an operating requirement for
flares.
18Authorised burning under approval
(1)
Burning matter is authorised for the purposes of
this Division if the burning is carried out under and in accordance with an
approval granted by—
(a)
the EPA, or
(b)
a council for a local government area specified
in Schedule 1, Part 2.
(2)
A council must not grant an approval unless it
applies only—
(a)
in the local government area of the council,
and
(b)
to the burning of dead and dry vegetation on the
premises on which the vegetation grew.
(3)
An approval may be granted to a particular person
or a class of persons.
(4)
Before granting an approval, the EPA or council
must consider the following—
(a)
the impact on local and regional air quality and
amenity,
(b)
the alternatives to burning the matter to which
the approval relates, including the feasibility of re-use, recycling or
otherwise disposing of the material,
(c)
the opinions of the sectors of the public likely
to be affected by the proposed approval,
(d)
for an approval by a council to a class of
persons—the opinion of the EPA, if any, in relation to the proposed
approval.
(5)
An approval is granted—
(a)
to a particular person—by written notice
given to the person, or
(b)
to a class of persons—by written notice
published—
(i)
in the Gazette, or
(ii)
if granted by a council—in another way that
the council is satisfied is likely to bring the notice to the attention of the
class of persons.
(6)
An approval is subject to the conditions
specified in the notice.
(7)
An approval may be amended or revoked by a
further written notice.
(8)
An approval remains in force for—
(a)
the period specified in the notice,
or
(b)
if no period is specified—12
months.
(9)
The EPA or the council may revoke its approval at
any time.
Note—
Despite an approval, burning may still be
prohibited by an order of the EPA under the Act, section 133 or by an order
under the Rural Fires Act
1997.
Part 4Motor vehicles—the Act, Sch 2, cll 4 and
6B
Division 1Preliminary
19Definitions
In this Part—
complying exhaust
pipe—see section 34.
excessive air
impurities has the same meaning as in the Act, Part
5.8.
registered, for a motor vehicle,
means registered under the Road Transport Act
2013.
use, for a motor vehicle, has the same
meaning as in the Road Transport Act
2013.
Division 2Air
impurities
20Excessive air impurities—Act, s
154
(1)
This section applies to a motor vehicle, other
than a heavy vehicle, propelled by—
(a)
an engine (a spark ignition
engine) designed—
(i)
to operate using petrol, liquefied petroleum gas
or compressed natural gas as a fuel, and
(ii)
to have the fuel mixed with air and ignited by an
electrical spark, or
(b)
a diesel engine.
(2)
For the Act, section 154(2)(a), the standard of
concentration prescribed for a motor vehicle is the amount of air impurities
emitted by the vehicle that results in the air impurities being visible for a
continuous period of 10 seconds.
(3)
For the Act, section 154(2)(b), the prescribed
manner of testing the motor vehicle is testing the motor vehicle—
(a)
when it is in operation, and
(b)
in accordance with the test method specified in
the Approved Methods (Sampling and Analysis) Publication as the observation
procedure for excessive air impurities—visible emissions,
TM-31.
21Motor vehicles emitting excessive air
impurities
(1)
An owner of a motor vehicle, other than a heavy
vehicle, is guilty of an offence if the vehicle emits excessive air impurities
while being used.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
It is a defence to a prosecution for the offence
if the owner proves—
(a)
the motor vehicle was, at the time of the
commission of the offence, stolen or illegally taken or used,
or
(b)
the motor vehicle—
(i)
has been constructed or modified solely for use
in motor racing or off-road motor sport, and
(ii)
as a result of the construction or
modification—
(A)
is not capable of being registered,
or
(B)
is only capable of being registered
conditionally, and
(iii)
was, at the time of the commission of the
offence, being used in a motor sport event or in a journey to or from the
event.
22Exemption—selling motor vehicle that emits excessive
air impurities—Act, s 286
A person who sells a motor vehicle is exempt from
the offence of selling a motor vehicle that emits excessive air impurities in
the Act, section 155 if the motor vehicle—
(a)
is constructed or has been modified solely for
use in motor racing or off-road motor sport, and
(b)
as a result of the construction or modification,
is only capable of being registered conditionally.
Note—
The Act, section 160(6) provides for a defence to
a prosecution for the offence under section 155 if the motor vehicle concerned
is a motor racing or off-road motor sporting vehicle that is not of a kind
capable of being registered within the meaning of the Road
Transport Act 2013.
Division 3Prescribed
anti-pollution devices—Act, s 154
23Prescribed anti-pollution
devices—general
For the Act, section 154(1), definition of
prescribed anti-pollution
device, a device referred to in this Division as an
anti-pollution device is described as a device designed or intended to
minimise air pollution caused by a motor vehicle.
24Requirement to fit prescribed anti-pollution
device—Act, ss 156, 157 and 160
For the Act, sections 156, 157 and 160, a motor
vehicle is required to be fitted with at least 1 prescribed anti-pollution
device specified for the vehicle.
25Prescribed anti-pollution device—evaporative emission
control system
A device known as an evaporative emission control
system is an anti-pollution device specified for a motor vehicle other than a
heavy vehicle if it is designed to trap the evaporative emissions from a motor
vehicle’s fuel tank and fuel supply system, to restrict the release of
the emissions into the atmosphere.
26Prescribed anti-pollution device—fuel supply
system
A device known as a fuel supply system is an
anti-pollution device specified for a motor vehicle other than a heavy vehicle
if it is designed to convey fuel to—
(a)
a direct injection engine, or
(b)
an engine’s air intake system, to mix the
fuel with air and convey the mixture of fuel and air into the
engine.
27Prescribed anti-pollution device—engine ignition
system
A device known as an engine ignition system is an
anti-pollution device specified for a motor vehicle other than a heavy vehicle
if it is designed to ignite the fuel, or the mixture of fuel and air, in a
motor vehicle’s engine.
28Prescribed anti-pollution device—engine management
system
A device known as an engine management system is
an anti-pollution device specified for a motor vehicle other than a heavy
vehicle if it is designed to control the operation of a motor vehicle’s
fuel supply system and engine ignition system.
29Prescribed anti-pollution device—smoke-limiting
throttle control system
A device known as a smoke-limiting throttle
control system is an anti-pollution device specified for a motor vehicle
propelled by a diesel engine other than a heavy vehicle if it is designed to
limit the maximum rate at which fuel can go into the diesel engine to reduce
the amount of smoke emitted by the motor vehicle while it is being
accelerated.
30Prescribed anti-pollution device—exhaust gas
recirculation system
A device known as an exhaust gas recirculation
system is an anti-pollution device specified for a motor vehicle other than a
heavy vehicle if it is designed to convey exhaust gases to a motor
vehicle’s engine air intake system to reduce the emission of oxides of
nitrogen.
31Prescribed anti-pollution device—catalytic converter
system
A device known as a catalytic converter system is
an anti-pollution device specified for a motor vehicle other than a heavy
vehicle if it is designed to induce a catalytic reaction between the various
exhaust gases emitted from a motor vehicle’s
engine.
32Prescribed anti-pollution device—particulate
filter
A device known as a particulate filter is an
anti-pollution device specified for a motor vehicle other than a heavy vehicle
if it is designed to trap or filter particles in the exhaust of a motor
vehicle’s engine.
Note—
Some particulate filters may also convert
particles to harmless products.
33Prescribed anti-pollution device—manufacturer’s
devices
A device designed to minimise or prevent the
emission of air pollution is an anti-pollution device specified for a motor
vehicle other than a heavy vehicle if it is fitted to the motor vehicle by the
manufacturer of the motor vehicle—
(a)
at the time of manufacture of the vehicle,
or
(b)
at a later date in accordance with the
manufacturer’s operational design
specification.
34Prescribed anti-pollution device—complying exhaust
pipe
(1)
A complying exhaust pipe is an anti-pollution
device specified for a motor vehicle—
(a)
propelled by a diesel engine,
and
(b)
having a manufacturer’s gross vehicle mass
of more than 4.5 tonnes.
(2)
In this section—
complying exhaust
pipe means—
(a)
if an Australian Design Rule has prescribed
requirements about the exhaust pipe to be fitted to a motor vehicle at the
date of its manufacture—a vertical exhaust pipe that complies with the
requirements, or
(b)
otherwise—an exhaust pipe having an exhaust
vent that—
(i)
terminates 150mm or more above the highest part
of the vehicle’s cab, and
(ii)
is directed upwards within 30° of the
vertical, and away from the left hand side of the
vehicle.
manufacturer’s gross
vehicle mass, in relation to a motor vehicle, means the
maximum loaded mass of the vehicle—
(a)
specified by the manufacturer,
or
(b)
specified by Transport for NSW in circumstances
in which—
(i)
the manufacturer is unknown,
or
(ii)
the manufacturer has failed to specify a maximum
loaded mass for the vehicle, or
(iii)
the manufacturer has specified a maximum loaded
mass for the vehicle, but the vehicle has been modified to the extent that the
manufacturer’s specification is no longer appropriate for the
vehicle.
Division 4Provisions
about prescribed anti-pollution devices
35Complying exhaust pipe not required for certain
vehicles
(1)
The following motor vehicles are not required to
have a complying exhaust pipe—
(a)
a motor vehicle that was manufactured before 1
January 1976,
(b)
a motor vehicle that was ordered from the
manufacturer before 1 July 1974,
(c)
a motor bus that was manufactured before 1
January 1977,
(d)
a special purpose motor
vehicle,
(e)
a motor vehicle used exclusively for the control
of bush fires,
(f)
a motor vehicle fitted with hydraulically
operated elevating work platforms,
(g)
a motor vehicle used exclusively to fuel
aircraft,
(h)
a motor vehicle having a diesel engine of a type
certified in writing by the EPA as not requiring a complying exhaust
pipe,
(i)
a motor vehicle manufactured in compliance
with—
(i)
Australian Design Rule 80/01,
or
(ii)
Australian Design Rule 80/02,
or
(iii)
a subsequent Australian Design Rule that imposes
emission limits no less stringent than Australian Design Rule
80/02.
(j)
a motor vehicle that—
(i)
is a rigid table-top truck,
and
(ii)
is used predominantly to transport hay or other
flammable farm produce, and
(iii)
is usually garaged on a
farm,
(k)
a motor vehicle that is registered outside New
South Wales,
(l)
a motor vehicle that is sold in New South Wales
for delivery outside New South Wales.
(2)
In this section—
goods vehicle means a
motor vehicle constructed primarily for the carriage of goods, but does not
include a special purpose motor vehicle.
motor bus means motor vehicle
constructed primarily for the carriage of persons that seats more than 9 adult
persons, including the driver.
special purpose motor
vehicle means a fork lift truck or motor vehicle constructed
principally for off-road agricultural use or for use in road or building site
construction work, other than a vehicle constructed on a chassis of a type
normally used in the construction of a goods vehicle, and includes the
following—
(a)
a tractor, harvester, header, thresher, swather,
baler, cuber, loader, digger, bulldozer, excavator, grader, scraper and
roller,
(b)
a mobile crane, the engine of which is used for
the purpose of both lifting loads and propelling the
vehicle.
36Complying exhaust pipe must be free of
holes
(1)
A motor vehicle that is required to have a
complying exhaust pipe must be maintained so that the exhaust pipe is free of
holes.
(2)
The requirement to keep the exhaust pipe free of
holes does not apply to a hole that is necessary for the effective operation
of the exhaust system.
37Prescribed anti-pollution device must be properly serviced
or repaired—Act, s 158
For the Act, section 158, a person is prohibited
from servicing or repairing a motor vehicle in a way that impairs the
efficiency of a prescribed anti-pollution device required to be fitted to the
motor vehicle.
38Prescribed anti-pollution device must be properly
fitted
(1)
An owner of a motor vehicle, other than a heavy
vehicle, who uses the motor vehicle, or allows it to be used, must ensure that
a prescribed anti-pollution device required to be fitted to the motor vehicle
is fitted in the required way.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
It is a defence to a prosecution for an offence
under this section if the person proves, at the time the offence was
committed, the person—
(a)
reasonably believed the motor vehicle was fitted
with the prescribed anti-pollution device, and
(b)
took all reasonable steps to ensure the device
was fitted in the required way.
39Prescribed anti-pollution device must not be
impaired
(1)
The owner of a motor vehicle, other than a heavy
vehicle, who uses the motor vehicle, or allows it to be used, must ensure, at
the time of the use, a prescribed anti-pollution device fitted to the motor
vehicle has not been impaired.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
It is a defence to a prosecution for an offence
under this section if the person proves—
(a)
the device was impaired—
(i)
to service, repair or replace the device,
or
(ii)
to improve the efficiency of the device’s
capacity to minimise air pollution, or
(b)
the device was impaired to facilitate the use of
a motor vehicle for motor racing or off-road motor sport, and the
vehicle—
(i)
immediately before the removal or other action,
was either—
(A)
not capable of being registered at all,
or
(B)
as a result of its construction, or prior
modification, for use in motor racing or off-road motor sport, only capable of
being registered conditionally, and
(ii)
is to be used in that condition only in a
competition, or during a journey to or from a motor racing or off-road motor
sporting competition, or
(c)
at the time the offence was committed, the
person—
(i)
reasonably believed a prescribed anti-pollution
device fitted to the motor vehicle continued to be fitted,
and
(ii)
took all reasonable steps to ensure the device
was properly maintained.
(3)
In this section and in section 40—
impaired, in relation to an
anti-pollution device fitted to a motor vehicle, includes—
(a)
removed or disconnected, or
(b)
adjusted, or modified, in a way that results in
the emission of excessive air impurities by the motor
vehicle.
40Exemption—impairment of anti-pollution device for
motor sport—Act, s 286
A person is exempt from the Act, section 157
if—
(a)
the anti-pollution device fitted to the motor
vehicle was impaired to facilitate the use of the vehicle for motor racing or
off-road motor sport, and
(b)
immediately before the device was impaired, and
as a result of its construction, or prior modification, for use in motor
racing or off-road motor sport, the vehicle was only capable of being
registered conditionally, and
(c)
the vehicle is to be used in that condition only
in a competition, or during a journey to or from a motor racing or off-road
motor sporting competition.
Note—
The Act, section 160(3)(c) provides for a defence
to a prosecution for the offence under section 157 where the motor vehicle
concerned is a motor racing or off-road motor sporting vehicle that is not of
a kind capable of being registered within the meaning of the Road Transport Act
2013.
Part 5Air impurities emitted from activities and plant—the
Act, Sch 2, cl 6B
Division 1Group to
which activity, plant or emission unit belongs
Subdivision 1Preliminary
41Definitions
In this Division—
emission unit means an item of
plant that—
(a)
forms part of, or is attached to, a larger plant,
and
(b)
emits, treats or processes air impurities, or
controls the discharge of air impurities into the
atmosphere.
legacy condition means a
condition of a licence that states that an activity, plant or emission unit
continues to belong to a Group with a lower number than the Group to which it
would belong without the condition.
42Part does not apply to rolling stock
operations
This Part does not apply to the scheduled
activity of railway activities—rolling stock operations as set out in
the Act, Schedule 1, clause 33B.
Subdivision 2Scheduled premises
43Group to which activity or plant
belongs
(1)
An activity carried out, or plant operated, on
scheduled premises belongs to—
(a)
if the carrying on of the activity, or the
operation of the plant, commences after the commencement of this
Regulation—Group 6, or
(b)
otherwise—the Group in which the activity
or plant belonged immediately before the commencement of this Regulation,
except as otherwise provided by this Subdivision.
Note—
The groups in which activity or plant belonged
originally was as follows—
(a)
Group 1—if it commenced to be carried on or
to operate (commenced)—
(i)
before 1 January 1972, or
(ii)
on or after 1 January 1972 under a pollution
control approval granted under the Pollution Control Act
1970 (a pollution
control approval) if the application for the approval was
made before 1 January 1972,
(b)
Group 2—if it commenced on or after 1
January 1972 under a pollution control approval, if the application for the
approval was made on or after 1 January 1972 and before 1 July
1979,
(c)
Group 3—if it commenced on or after 1 July
1979 under a pollution control approval, if the application for the approval
was made on or after 1 July 1979 and before 1 July 1986,
(d)
Group 4—if it commenced on or after 1 July
1986 under a pollution control approval, if the application for the approval
was made on or after 1 July 1986 and before 1 August 1997,
(e)
Group 5—if it commenced on or after 1
August 1997 under—
(i)
a pollution control approval, if the application
for the approval was made on or after 1 August 1997 and before 1 July 1999,
or
(ii)
an environment protection licence if the
application for the licence was made before 1 September
2005,
(f)
Group 6—if it commenced on or after 1
September 2005 under an environment protection licence, if the application for
the licence was made on or after 1 September 2005.
(2)
Except as provided by section 47(4), an activity
or plant that belongs to both Group 6 and another Group is taken to belong to
Group 6.
44Phasing out of Groups 1–4
(1)
An activity or plant belonging to Group 1 or
Group 2 on the commencement of this Regulation remains in the Group
if—
(a)
the licence for the activity or plant is subject
to a legacy condition stating the activity or plant is taken to belong to the
Group, and
(b)
the legacy condition is in
force.
(2)
If the licence ceases to be subject to a legacy
condition that is in force, the activity or plant is taken to belong to Group
5.
(3)
An activity or plant belonging to Group 3 or
Group 4 on the commencement of this Regulation remains in the Group after 1
November 2027 if—
(a)
the licence for the activity or plant is subject
to a legacy condition stating the activity or plant is taken to belong to the
Group, and
(b)
the legacy condition is in
force.
(4)
If after 1 November 2027 the licence ceases to be
subject to a legacy condition that is in force, the activity or plant is taken
to belong to Group 5, subject to section 45.
(5)
An activity or plant belonging to Group 3 or
Group 4 on the commencement of this Regulation is taken to belong to Group 6
from 1 November 2030 if—
(a)
the holder of the licence for the activity or
plant gives written notice to the EPA that the activity or plant will be in
Group 6, and
(b)
the notice is given—
(i)
during a licence review period for the licence,
or
(ii)
before 1 May 2027, and
(c)
before 1 November 2030, the EPA varies the
licence to include the activity or plant in Group
6.
(6)
In this section—
licence review
period, for a licence, means the period—
(a)
commencing when public notice is given under the
Act, section 78(2) that the licence is to be reviewed, and
(b)
ending when the review is
complete.
45Phasing out of Group 5 for transitioning Group 3 or 4
activities and plant
(1)
This section applies to an activity or plant
that—
(a)
is referred to in section 44(3),
and
(b)
is, on 1 November 2030, taken to belong to Group
5 because of section 44(4).
(2)
The activity or plant remains in Group 5 after 1
November 2030 if—
(a)
the licence for the activity or plant continues
to include a legacy condition stating the activity or plant is taken to belong
to the Group, and
(b)
the legacy condition is in
force.
(3)
If the licence no longer includes a legacy
condition that is in force, the activity or plant is taken to belong to Group
6.
46Exemption for premises that will close before 1 November
2030
Sections 44 and 45 do not apply to an activity or
plant if—
(a)
the holder of the licence for the activity or
plant gives written notice to the EPA that the activity or plant will not be
subject to the licence after 1 November 2030, and
(b)
the notice is given—
(i)
during a licence review period for the licence,
or
(ii)
before 1 May 2027, and
(c)
before 1 November 2030, the EPA varies the
licence so that the activity or plant will not be subject to the licence after
1 November 2030.
47Emission units
(1)
An emission unit belongs to—
(a)
if the associated plant commences operation after
the commencement of this Regulation—Group 6, or
(b)
otherwise—the Group in which the emission
unit belonged immediately before the commencement of this Regulation, except
as otherwise provided by this section.
(2)
An emission unit is taken to belong to Group 6
if—
(a)
the emission unit is in another Group,
and
(b)
the emission unit is altered as a result
of—
(i)
the modification of development consent under the
Environmental Planning and Assessment Act
1979, section 4.55(2), or
(ii)
the variation of the licence for the plant,
and
(c)
the alteration results in 1 or more of the
following from the plant of which the emission unit forms part or to which it
is attached—
(i)
an increase in the emission of air
impurities,
(ii)
a change in the nature of the air impurities
emitted,
(iii)
a change in the intensity with which air
impurities are emitted.
(3)
An emission unit is taken to belong to Group 6 if
the emission unit—
(a)
replaces an emission unit in a Group other than
Group 6, and
(b)
is associated with plant operated in the Greater
Metropolitan Area.
(4)
This section does not apply to an emission unit
if the licence for the associated plant continues to include a legacy
condition stating the emission unit is taken to belong to a Group other than
Group 6.
(5)
This section does not affect the Group to which
plant associated with the emission unit belongs.
(6)
In this section—
associated plant for
an emission unit means the plant that the emission unit forms part of or is
attached to.
48Application for variation to include legacy and other
conditions
(1)
The EPA may, on application by the holder of the
licence, vary a licence to include a legacy condition.
(2)
An application to vary a licence to include a
legacy condition must be made at least 12 months before the day on which the
condition is required to be in force.
(3)
The application must be accompanied by a report
containing the following—
(a)
particulars of the concentration or rates at
which air impurities are emitted by carrying out the activity or operating the
plant obtained from sampling, analysis and monitoring conducted in accordance
with the Approved Methods (Sampling and Analysis)
Publication,
(b)
the results of an air pollutant impact
assessment, conducted in accordance with the Approved Methods (Modelling and
Assessment) Publication, for—
(i)
the activity, plant or emission unit concerned,
and
(ii)
other activities carried on, or plant or emission
unit operated, at the scheduled premises,
(c)
details of pollution reduction programs that have
been established for the activity, plant or emission unit,
(d)
details of control equipment that has been
installed for the activity, plant or emission unit,
(e)
other information that may be relevant to
demonstrate the acceptability of impacts associated with the alternative
standards arising from the proposed variation of
conditions.
(4)
The EPA may when varying a licence to include a
legacy condition also include other conditions, including conditions imposing
more stringent standards of concentration than those applicable to the Group
to which the activity or plant will belong because of the legacy
condition.
(5)
The legacy condition expires 5 years after the
date on which notice of the variation is given to the holder of the licence
under the Act.
(6)
In this section—
include a legacy
condition includes renew a legacy
condition.
49Determination of application
(1)
In determining an application to vary a licence
to include a legacy condition, the EPA must consider the resulting impact of a
decision to grant the application on local and regional air quality and
amenity, considering—
(a)
pollution reduction programs that may have been
established, or that the holder of the licence has agreed to establish, in
relation to the activity or plant, and
(b)
control equipment that has been installed, or
that the holder of the licence has agreed to install, in relation to the
activity or plant, and
(c)
a load reduction agreement that has been entered
into between the EPA and the applicant under the Protection of the Environment Operations (General)
Regulation 2021, Chapter 3, Part 1, Division 6, if any,
and
(d)
the principles of ecologically sustainable
development set out in the Protection of the
Environment Administration Act 1991, section 6(2),
and
(e)
other matters that are
relevant.
(2)
The EPA must not grant an application that would
cause the activity, plant or emission unit to belong to a Group with a lower
number than the Group to which it previously belonged.
(3)
In this section—
include a legacy
condition includes renew a legacy
condition.
Note—
Refusal of an application to vary the conditions
of a licence may be appealed under the Act, section 287. An application is
taken to have been refused if it is not granted within 60 days after it is
duly made.
Subdivision 3Non-scheduled premises
50Group to which activity or plant
belongs
(1)
An activity carried out, or plant operated, on
non-scheduled premises belongs to—
(a)
if the carrying on of the activity, or the
operation of the plant, commences after the commencement of this
Regulation—Group C, or
(b)
otherwise—the Group in which the activity
or plant belonged immediately before the commencement of this Regulation,
except as otherwise provided by this Subdivision.
Note—
The groups in which activity or plant belonged
originally was as follows—
(a)
Group A—if it commenced to be carried on or
to operate (commenced)—
(i)
before 1 August 1997, or
(ii)
on or after 1 August 1997 under a development
consent granted to a development application made before 1 August
1997,
(b)
Group B—if it commenced on or after 1
August 1997 under a development consent granted to a development application
made on or after 1 August 1997 and before 1 September
2005,
(c)
Group C—if it commenced on or after 1
September 2005 under a development consent granted to a development
application made on or after 1 September 2005.
(2)
Except as provided by section 51(2), an activity
or plant that belongs to both Group C and another Group is taken to belong to
Group C.
51Emission units
(1)
An emission unit belongs to—
(a)
if the associated plant commences operation after
the commencement of this Regulation—Group C, or
(b)
otherwise—the Group in which the emission
unit belonged immediately before the commencement of this Regulation, except
as otherwise provided by this section.
(2)
If an emission unit in Group A or Group B
associated with plant operated in the Greater Metropolitan Area is replaced,
the replacement emission unit is taken to belong to Group
C.
(3)
This section does not affect the Group to which
plant associated with the emission unit belongs.
(4)
In this section—
associated plant for
an emission unit means the plant that the emission unit forms part of or is
attached to.
Division 2Standards
of concentration
52Standards of concentration for air impurities—Act, s
128
(1)
For the Act, section 128(1), the prescribed
standards of concentration for emissions of air impurities in relation to an
activity carried on, or plant operated, at scheduled premises
are—
(a)
for plant referred to in Schedule 2, Part 2,
Division 1—the standards of concentration specified in that Division in
relation to the plant, and
(b)
for an activity or plant specified in Schedule 2,
Part 2, Division 2 in relation to a specific purpose—the standards of
concentration specified in that Division in relation to the activity or plant
and the purpose, and
(c)
for an activity or plant specified in Schedule 2,
Part 2, Division 3, other than those covered by Schedule 2, Part 2, Division 1
or 2—the standards of concentration specified in Schedule 2, Part 2,
Division 3 in relation to the activity or plant.
(2)
For the Act, section 128(1), the prescribed
standards of concentration for the emission of air impurities in relation to
an activity carried on, or plant operated, at non-scheduled premises are as
set out in Schedule 2, Part 3.
(3)
For the purposes of this section, a requirement
in Schedule 2, Part 2 that a standard of concentration for volatile organic
compounds (VOC) or carbon monoxide be met is satisfied if either of those
standards is met.
53Alternative standard for hydrogen sulfide
emissions
(1)
The EPA may grant an approval to an occupier of
scheduled premises for an alternative standard of concentration for hydrogen
sulfide emissions.
(2)
An occupier is exempt from the operation of the
Act, section 128, to the extent that the section relates to the emission of
hydrogen sulfide, if the occupier—
(a)
has been granted an approval,
and
(b)
complies with—
(i)
the alternative standard of concentration,
and
(ii)
other conditions specified by EPA in the
approval.
(3)
Before granting an approval, the EPA
must—
(a)
take into consideration the impact of the
approval on local and regional air quality and amenity,
and
(b)
be satisfied that it is not practicable for the
occupier to implement operational changes to plant or practices to comply with
the standards prescribed by section 52, and
(c)
be satisfied that the alternative standard of
concentration for hydrogen sulfide emissions has been calculated in accordance
with the Approved Methods (Modelling and Assessment)
Publication.
(4)
An approval—
(a)
is granted by the EPA giving written notice to
the occupier, and
(b)
is subject to conditions that may be specified in
the approval, including the method of measuring the concentration of hydrogen
sulfide emissions, and
(c)
may be amended or revoked by the EPA by written
notice given to the occupier.
54Application of standards of concentration during start-up
and shutdown periods
(1)
The standards of concentration prescribed by this
Division or a condition of a licence do not apply to a plant during the
following periods—
(a)
a start-up
period—that is, while the plant is being brought up to normal operation
following a period of inactivity,
(b)
a shutdown
period—that is, while the plant is being taken out of service from
normal operation to inactivity.
(2)
Subsection (1) does not apply to—
(a)
a start-up period that is prescribed period under
Division 4, or
(b)
a condition of a licence specifying a standard of
concentration for the start-up or shut-down period of the
plant.
Note—
Where no standard of concentration of air
impurity has been prescribed, an occupier of premises who operates a plant
remains subject to the requirements to prevent and minimise air pollution
under the Act, section 128(2).
55Standards of concentration not to affect other
controls
(1)
To avoid doubt, this Division does not authorise
the occupier of premises to carry on an activity, or operate plant, on the
premises in a way that causes or permits the emission of air impurities in
excess of those allowed by other controls that apply to the activity or
plant.
(2)
In this section—
other controls include a
licence or a development consent granted under the Environmental Planning and Assessment Act
1979.
Division 3Exceeding
standard of concentration
56Definitions
In this Division—
relevant averaging
period, in relation to an air impurity, means the averaging
period specified for the air impurity—
(a)
for scheduled premises—
(i)
in the conditions of the relevant licence,
or
(ii)
if no averaging period is specified in the
conditions—in Schedule 3, Part 2, Division 1,
or
(b)
for non-scheduled premises—in Schedule 3,
Part 2, Division 2.
relevant reference
conditions, in relation to an air impurity emitted from an
activity or plant, means the reference conditions specified for the air
impurity—
(a)
for scheduled premises—
(i)
in the conditions of the relevant licence,
or
(ii)
if no averaging period is specified in the
conditions—in Schedule 3, Part 3, Division 1,
or
(b)
for non-scheduled premises—in Schedule 3,
Part 3, Division 2.
relevant test method or
relevant monitoring
method, in relation to an air impurity, means the test
method or monitoring method specified for the air impurity—
(a)
for scheduled premises—in Schedule 3, Part
1, Division 1, or
(b)
for non-scheduled premises—in Schedule 3,
Part 1, Division 2.
57Emission points—Act, s 128
(1)
For the Act, section 128(1), the point at which
the standard of concentration, or rate of emission, of air impurities
resulting from the carrying on of an activity, or the operation of plant, on
premises must not be exceeded is the point between—
(a)
the point of origin of the air impurities, that
is—
(i)
the point where the air impurities originate,
or
(ii)
if the air impurities subsequently pass through
control equipment—the point where the air impurities emerge from that
equipment, and
(b)
the point of release of the air impurities, that
is—
(i)
the point where the air impurities pass into the
atmosphere, or
(ii)
if air, gas or vapour is added to the air
impurities before that point after passing through control equipment—the
point immediately before the point where the air, gas or vapour is
added.
(2)
If there is more than 1 point of release applying
in relation to an activity or plant, a reference in subsection (1) to the
point of release is a reference to all of the points of release applying in
relation to the activity or plant.
58Procedures to determine whether standards have been
exceeded
A person may work out whether an activity or
plant is emitting an air impurity at a standard of concentration above the
maximum prescribed by Schedule 2 by—
(a)
sampling or monitoring the relevant emissions in
accordance with section 59, and
(b)
using the information from the sampling or
monitoring to determine the concentration of the air impurity in accordance
with section 60.
59Sampling or monitoring position
The sampling or monitoring of an emission must
take place at a position in relation to the emission that is in accordance
with—
(a)
if the concentration is to be determined in
accordance with the relevant test method—TM-1, or
(b)
if the concentration is to be determined in
accordance with the relevant monitoring method—
(i)
if measuring opacity—CEM-1,
or
(ii)
otherwise—CEM-2.
60Determining concentration of air
impurity
(1)
The concentration of the air impurity must be
determined in accordance with the relevant test method, or relevant monitoring
method, for the air impurity, using the relevant averaging
period.
(2)
For a concentration determined under this section
otherwise than for smoke, the concentration must be expressed by reference to
the relevant reference conditions for the standard of concentration after
determining the following—
(a)
the moisture content of the sample, determined in
accordance with TM-22,
(b)
the temperature and pressure at the sampling
position, determined in accordance with TM-2,
(c)
if a relevant reference condition is a specified
percentage of carbon dioxide—the concentration of carbon dioxide
emitted, determined in accordance with TM-24 or CEM-3,
(d)
if a relevant reference condition is a specified
percentage of oxygen—the concentration of oxygen emitted, determined in
accordance with TM-25 or CEM-3.
(3)
For a concentration determined under this section
for smoke, that is measured as opacity, the concentration must be expressed by
reference to the relevant reference conditions for the standard of
concentration.
61Dioxins and furans
(1)
To determine whether or not a standard of
concentration prescribed by Schedule 2 for dioxins or furans has been
exceeded, the following procedures must be applied in addition to the
procedures set out in section 58—
(a)
the unweighted concentration of a dioxin or furan
must be determined in accordance with TM-18, using the measuring period
specified in that test method,
(b)
the unweighted concentration of each dioxin or
furan so determined must be multiplied by the toxic equivalence factor set out
in the Table to this section in relation to the dioxin or
furan.
(2)
For the purposes of section 52, the concentration
of dioxins and furans is taken to be the sum of the amounts calculated under
subsection (1)(b).
Table
Substance
Toxic Equivalence
Factor
Dioxins
2,3,7,8
tetrachlorodibenzodioxin (TCDD)
1.0
1,2,3,7,8
pentachlorodibenzodioxin (PeCDD)
1.0
1,2,3,4,7,8
hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,6,7,8
hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,7,8,9
hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,4,6,7,8
heptachlorodibenzodioxin (HpCDD)
0.01
octachlorodibenzodioxin (OCDD)
0.0003
Furans
2,3,7,8
tetrachlorodibenzofuran (TCDF)
0.1
1,2,3,7,8
pentachlorodibenzofuran (PeCDF)
0.03
2,3,4,7,8
pentachlorodibenzofuran (PeCDF)
0.3
1,2,3,4,7,8
hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,6,7,8
hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,7,8,9
hexachlorodibenzofuran (HxCDF)
0.1
2,3,4,6,7,8
hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,4,6,7,8
heptachlorodibenzofuran (HpCDF)
0.01
1,2,3,4,7,8,9
heptachlorodibenzofuran (HpCDF)
0.01
octachlorodibenzofuran (OCDF)
0.0003
62Combination of air impurities from 2 or more
sources—Act, s 128
(1)
This section applies to an air impurity that is
combined with an air impurity of the same kind, or with another air, gas or
vapour, from another source on scheduled premises before being
emitted.
(2)
For the Act, section 128(1), the prescribed
standard of concentration for the emission of an air impurity to which this
section applies must be determined in accordance with
TM-38.
(3)
Nothing in this section authorises the emission
of an air impurity in excess of the standard of concentration prescribed for
the emission of the air impurity by Divisions 2 and 3.
(4)
A reference in this section to a source is a
reference to an activity or item of plant.
Division 4Prescribed
periods for emission of smoke
63Prescribed period
(1)
This Division sets out the periods that must be
treated as prescribed periods for the purposes of determining standards of
concentration for the purposes of Schedule 2.
(2)
A period is a prescribed period in
relation to an emission of smoke if—
(a)
the period is specified in this Division as a
prescribed period for the emission, and
(b)
all practicable means are employed to prevent or
minimise the emission of smoke during that period.
64Scheduled premises
(1)
For an activity or plant in Group 1 on scheduled
premises, other than ceramic works, the prescribed period is—
(a)
a period of no more than 20 minutes per 24 hours,
after lighting a boiler or incinerator from cold during which the boiler or
incinerator is brought up to normal operation, or
(b)
if paragraph (a) does not apply, a period of no
more than—
(i)
for a boiler burning up to 1 tonne of fuel per
hour—10 minutes per 8 hours, or
(ii)
for a boiler burning more than 1 tonne but less
than 5 tonnes of fuel per hour—20 minutes per 8
hours.
(2)
For an activity or plant in Group 1 on scheduled
premises that are ceramic works, the prescribed period is no more than 10
minutes per hour.
(3)
For an activity or plant in Group 2, Group 3,
Group 4, Group 5 or Group 6 on scheduled premises, where smoke is emitted, as
a result of blowing soot from a boiler, the prescribed period is no more than
10 minutes per 8 hours.
65Non-scheduled premises
(1)
For the emission of smoke from non-scheduled
premises that are marine vessels, the prescribed period is—
(a)
the period during which the vessel is
approaching, leaving or manoeuvring at a berth, or
(b)
a period of no more than 30 minutes per 24 hours,
after lighting a boiler during which the boiler is brought up to normal
operation.
(2)
For the emission of smoke from non-scheduled
premises, other than marine vessels, the prescribed period is—
(a)
a period of no more than 20 minutes per 24 hours,
after lighting a boiler or incinerator from cold during which the boiler or
incinerator is brought up to normal operation, or
(b)
a period of no more than 10 minutes per 8 hours,
as a result of blowing soot from a boiler.
Division 5Treatment
plants in Group 6
66Application of Division
This Division applies to the following plant if
the plant is in Group 6—
(a)
a thermal treatment plant, including an
afterburner or flare, or
(b)
non-thermal treatment plant, other than a vapour
recovery system required to be fitted under Part 6.
67Flares generally
The occupier of premises must ensure a flare on
the premises used to treat air impurities is operated in a way that ensures a
flame is present at all times while air impurities are required to be treated
by the flare.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
68Flares for treating landfill gas
The occupier of premises must ensure an enclosed
ground-level flare on the premises for the treatment of landfill gas is
operated—
(a)
in a way that ensures—
(i)
the time between landfill gas entering and
exiting the flare is more than 0.6 seconds, and
(ii)
the temperature for the combustion of landfill
gas by the flare is more than 760°C, or
(b)
in another way that ensures that the destruction
efficiency of the flare, in relation to landfill gas entering the flare, is
more than 98%.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
69Afterburners without catalytic control
system
The occupier of premises must ensure an
afterburner on the premises that does not employ a catalytic control system is
operated in a way that ensures—
(a)
the time between an air impurity entering and
exiting the afterburner is—
(i)
if the air impurity originates from material
containing a principal toxic air pollutant—more than 2 seconds,
or
(ii)
otherwise—more than 0.3 seconds,
and
(b)
the temperature for the combustion of an air
impurity by the afterburner is—
(i)
if the air impurity originates from material
containing a principal toxic air pollutant—more than 980°C,
or
(ii)
otherwise—more than 760°C,
and
(c)
the destruction efficiency of the plant, in
relation to an air impurity entering the plant, is—
(i)
if the air impurity originates from material
containing a principal toxic air pollutant—more than 99.9999%,
or
(ii)
otherwise—more than
99.99%.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
70Thermal treatment plants other than
flares
The occupier of premises must ensure a thermal
treatment plant on the premises, other than a flare, is operated in a way that
ensures the destruction efficiency of the plant, in relation to an air
impurity entering the plant, is—
(a)
if the air impurity originates from material
containing a principal toxic air pollutant—more than 99.9999%,
or
(b)
otherwise—more than
99.99%.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
71Method of calculating time, temperature and destruction
efficiency
(1)
For the purposes of this Division, the time
elapsing between an air impurity, including landfill gas, entering and exiting
an afterburner or flare must be calculated—
(a)
using the volumetric flow rate for the air
impurity in accordance with TM-2 or CEM-6, and
(b)
using a 1 hour rolling averaging
period.
(2)
For the purposes of this Division, temperature
must be calculated—
(a)
in accordance with TM-2, and
(b)
using a 1 hour rolling averaging
period
(3)
For the purposes of this Division, the
destruction efficiency of plant must be calculated using the following
equation—
where—
DE is the destruction
efficiency, expressed as a percentage.
MWout is the
mass emission rate of the air impurity in exhaust emissions prior to its
release into the atmosphere using a 1 hour rolling averaging
period.
MWin is the
mass feed rate of the air impurity in a waste feedstream using a 1 hour
rolling averaging period.
Division 6Exemptions
72Exemption for emission of smoke by public
authority
A public authority, including a person acting at
the direction of the public authority, is exempt from the operation of the
Act, section 128 and Divisions 2 and 3, to the extent that those provisions
regulate the emission of smoke if—
(a)
the smoke is emitted during the following
activities—
(i)
research to improve safety in relation to the
flammability of materials and smoke reduction, including the development of
testing procedures,
(ii)
training of fire-fighters,
(iii)
rating of the effectiveness of fire extinguishers
and fire suppression systems,
(iv)
testing undertaken to certify that manufactured
or imported products comply with Australian Standards or International
Standards or meet the legislative requirements placed on them,
and
(b)
the EPA gives its approval because it is of the
opinion that—
(i)
the emission of smoke will not have a significant
impact on local and regional air quality and amenity, and
(ii)
it is not practicable for the public authority to
implement operational changes to plant or practices to comply with the
provisions in relation to the emission of smoke, and
(iii)
satisfactory steps will be taken to minimise the
impacts on air quality and amenity.
73Exemption for emergency electricity
generation
Emergency standby plant is exempt from the air
impurities standard for nitrogen dioxide and nitric oxide specified in
Schedule 2, Part 2, Division 3 for the plant if—
(a)
the plant comprises a stationary reciprocating
internal combustion engine for generating electricity, and
(b)
it is used for a total of not more than 200 hours
per year.
74Exemption when complying with directions under National
Electricity Rules
(1)
An occupier of premises is exempt from the Act,
section 128 for emissions occurring during a prescribed period
if—
(a)
the premises are licensed for the Scheduled
activity of electricity generation, and
(b)
the emissions occur from plant on the premises,
and
(c)
the emissions occur as a result of a LOR 2 or
above direction for the NSW region, and
(d)
the occupier notifies the EPA of the direction
and the relevant LOR 2 or above condition as soon as
practicable.
(2)
In this section—
AEMO means the Australian Energy
Market Operator.
LOR 2 or above
condition means a lack of reserve (LOR) condition that
is—
(a)
declared by the AEMO under the National
Electricity Rules, clause 4.8.4, and
(b)
an actual LOR 2 condition or an actual LOR 3
condition.
LOR 2 or above
direction means a direction given by the AEMO under the
National Electricity Rules, clause 4.8.9 in response to a LOR 2 or above
condition.
prescribed period
means—
(a)
the period during which both the LOR 2 or above
direction and the LOR 2 or above condition are both in force,
and
(b)
the period of up to 12 hours after the period in
paragraph (a) while the electricity plant returns to normal
operation.
Part 6Volatile organic liquids—tanks and loading
plant—the Act, Sch 2, cl 6A
Division 1Control
equipment—general requirements
75Object of Part
The object of this Part is to control the release
into the atmosphere of vapours from volatile organic liquids from the use of
storage tanks and large loading plant.
76Tanks, plant and control equipment to comply with
Part
(1)
The occupier of premises must ensure that a
storage tank or loading plant on the premises that is required by this Part to
have control equipment is not used or operated unless—
(a)
the tank or plant is fitted with the required
control equipment, and
(b)
the required control equipment is installed in
accordance with this Part, and
(c)
the tank or plant and the required control
equipment complies with the specifications prescribed by this Part in relation
to—
(i)
commissioning, or
(ii)
operation, or
(iii)
maintenance, or
(iv)
decommissioning.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
In this section—
operate, for a storage tank,
includes to allow a volatile organic liquid to remain in the storage
tank.
77Tanks and plant to which Division does not
apply
(1)
This Division does not apply to a storage tank or
loading plant on premises if—
(a)
the tank or plant is fitted with control
equipment approved by the EPA by written notice given to the occupier of the
premises, and
(b)
the tank or plant and the approved control
equipment complies with the specifications set out in the notice in relation
to—
(i)
commissioning, or
(ii)
operation, or
(iii)
maintenance, or
(iv)
decommissioning.
(2)
This Division does not apply to a small storage
tank on premises if—
(a)
the premises are in the Sydney Metropolitan area,
and
(b)
the storage tank is commissioned before 1 July
2024, and
(c)
the EPA is satisfied that the volume of volatile
organic liquid loaded into the storage tank per year does not usually exceed
600kL, and
(d)
the EPA gives written notice to the occupier
giving approval for this subsection to apply to the storage tank,
and
(e)
the occupier complies with the conditions
specified in the notice.
(3)
The EPA may vary or revoke a notice under this
section at any time by further notice given to the
occupier.
Division 2Control
equipment for large storage tanks
78Definitions
In this Division—
large storage tank means a
storage tank with a capacity of 150kL or more, but not a petrol storage tank
to which Part 8, Division 2, Subdivision 3 applies.
next scheduled
maintenance, for a large storage tank, means the next
occasion on which the tank is due for a service in accordance with the
maintenance schedule recommended by the manufacturer.
prescribed equipment
upgrade, for a large storage tank, means fitting to the tank
1 or more of the following in compliance with this Division—
(a)
a drainage system,
(b)
loading systems and seals,
(c)
a floating roof or floating
cover,
(d)
a vapour disposal system or vapour recovery
system.
prescribed event, for a large
storage tank, means—
(a)
the commissioning of the tank,
or
(b)
a prescribed equipment upgrade for the tank,
or
(c)
the next scheduled maintenance for the
tank.
79Application
This Division applies to a large storage tank
in—
(a)
Sydney Metropolitan Area, or
(b)
the following local government
areas—
(i)
City of Blue Mountains,
(ii)
Central Coast,
(iii)
City of Cessnock,
(iv)
Kiama,
(v)
City of Lake Macquarie,
(vi)
City of Maitland,
(vii)
City of Newcastle,
(viii)
Port Stephens,
(ix)
City of Shellharbour,
(x)
City of Shoalhaven,
(xi)
Wingecarribee,
(xii)
Wollondilly,
(xiii)
City of Wollongong.
80Calculation of vapour pressure
The calculation of the vapour pressure of
volatile organic liquid stored in a large storage tank for the purposes of
this Division must be carried out in accordance with
TM-21.
81Drainage system
(1)
A large storage tank must be fitted with a
drainage system—
(a)
comprising a small sump or tundish fitted under
each water draw-off valve, and
(b)
connected to a fully enclosed
drain.
(2)
This section does not apply to a tank that is
used only for the storage of a volatile organic liquid, other than crude
petroleum, that is received by tank-to-tank transfer from another storage
tank.
82Vapour control
(1)
A large storage tank in which there is a volatile
organic liquid must be fitted with—
(a)
a vapour disposal system, or
(b)
a vapour recovery
system.
(2)
However, if the volatile organic liquid has a
vapour pressure of 75kPa or less, the large storage tank may instead be fitted
with—
(a)
an internal floating roof or an external domed
floating roof that—
(i)
does not permit the escape of vapour through the
roof, and
(ii)
otherwise complies with section 83,
or
(b)
for a tank commissioned before 1 July
2024—a floating roof or a floating cover and an external fixed roof
that—
(i)
does not permit the escape of vapour through the
roof, and
(ii)
otherwise complies with sections 84 and
85.
83Roof for tanks commissioned on or after 1 July
2024
(1)
A floating roof must—
(a)
be made of metal, and
(b)
not be open to the
atmosphere.
(2)
A floating roof must at all times float on the
surface of the volatile organic liquid stored in the tank and not rest on the
floor of the tank.
(3)
A floating roof must have primary closure seals
that close —
(a)
openings in the floating roof,
and
(b)
gaps caused by equipment passing through the
openings.
(4)
A floating roof must have a rim-mounted secondary
seal that—
(a)
is mounted above a primary seal,
and
(b)
completely covers the space between the roof edge
and the tank wall.
(5)
A floating roof must have a mechanical shoe
primary seal, or a seal with equal or greater efficacy, that closes spaces
between the roof and the walls of the large storage
tank.
84Roof or cover for tanks commissioned before 1 July
2024
(1)
A fixed roof and floating cover must be made of a
material that is impervious to vapour.
(2)
A floating roof must be made of
metal.
(3)
A floating cover or floating roof must at all
times float on the surface of the volatile organic liquid stored in the tank
and not rest on the floor of the tank.
(4)
A floating roof or floating cover must have
primary closure seals that close—
(a)
spaces between the roof or cover and the walls of
the large storage tank, and
(b)
openings in the floating roof or fixed roof and
floating cover, and
(c)
gaps caused by equipment passing through the
openings.
(5)
A floating roof must have primary seals that are
shielded from the weather by—
(a)
moveable weather-shields that allow for the
proper inspection of the seals, or
(b)
secondary seals.
(6)
Subsection (5) does not apply to a large storage
tank until—
(a)
1 July 2030, or
(b)
if a prescribed event occurs in relation to the
storage tank before that date and on or after 1 July 2024, on the date on
which the first prescribed event occurs.
85Rim mounted secondary seal for tanks commissioned before 1
July 2024
(1)
A floating roof that is open to the atmosphere
must have a rim-mounted secondary seal that—
(a)
is mounted above a primary seal,
and
(b)
completely covers the space between the roof edge
and the tank wall.
(2)
This section does not apply to a large storage
tank until—
(a)
1 July 2030, or
(b)
if a prescribed event occurs in relation to the
storage tank before that date and on or after 1 July 2024, on the date on
which the first prescribed event occurs.
86Fill pipes for tanks commissioned on or after 1 July
2024
A large storage tank commissioned on or after 1
July 2024 must have—
(a)
a bottom loading fill pipe,
or
(b)
a submerged fill pipe.
87Vapour disposal systems
(1)
A vapour disposal system must incinerate the
vapour emitted from the large storage tank by a process that prevents the
total concentration of unburnt vapour emitted into the atmosphere
exceeding—
(a)
before 1 July 2027—1.5g as n-propane per
cubic metre of the gases resulting from the incineration process,
or
(b)
on and from 1 July 2027—
(i)
for gases originating from material containing a
principal toxic air pollutant—20mg as n-propane per cubic metre of the
gases resulting from the part of the incineration process that treats air
impurities that originate from material containing a principal toxic air
pollutant, or
(ii)
otherwise—40mg as n-propane per cubic metre
of the gases resulting from the part of the incineration process that treats
air impurities that originate from material not containing a principal toxic
air pollutant.
(2)
The total concentration of unburnt vapour must be
determined in accordance with TM-34.
88Vapour recovery systems
(1)
A vapour recovery system must recover the vapour
emitted from the large storage tank by a process that prevents the total
concentration of unrecovered vapour emitted into the atmosphere during a
period of 4 hours exceeding—
(a)
before 1 July 2027—110mg as n-propane per
litre of volatile organic liquid passing into the tank during the 4-hour
period, or
(b)
on and from 1 July 2027—10mg as n-propane
per litre of volatile organic liquid passing into the tank during the 4-hour
period.
(2)
The total concentration of unrecovered vapour
must be determined in accordance with TM-20.
Division 3Control
equipment for small storage tanks
89Definitions
In this Regulation—
small storage tank means a
storage tank with a capacity of 8kL or more but less than 150kL, but not a
petrol storage tank to which Part 8, Division 2, Subdivision 3
applies.
90Application
(1)
This Division applies to a small storage tank in
the Sydney Metropolitan Area.
(2)
This Division applies to a small storage tank in
the following local government areas that is commissioned on or after 1 July
2024—
(a)
City of Blue Mountains,
(b)
Central Coast,
(c)
City of Cessnock,
(d)
Kiama,
(e)
City of Lake Macquarie,
(f)
City of Maitland,
(g)
City of Newcastle,
(h)
Port Stephens,
(i)
City of Shellharbour,
(j)
City of Shoalhaven,
(k)
Wingecarribee,
(l)
Wollondilly,
(m)
City of Wollongong.
91Vapour transfer system and lines
(1)
A small storage tank that is filled by the
transfer of a volatile organic liquid from a delivery tank on a tanker truck
must have a vapour transfer system that ensures vapour displaced by the
transfer is returned to the delivery tank on the tanker truck by a vapour
return line.
(2)
The vapour return line must not permit the escape
of vapour into the atmosphere.
(3)
The part of the vapour return line that is
between the small storage tank and the relevant point on the vapour return
line must have an internal diameter—
(a)
of not less than 50% of the internal diameter of
the fill pipe of the small storage tank, or
(b)
if the tank was installed before 1 May 1982 and
its vapour return line is taken from the atmospheric vent of the small storage
tank—as large as practicable for the internal diameter of the existing
vent connection.
(4)
A vapour return line must have an internal
diameter of not less than 65% of the internal diameter of the fill pipe of the
small storage tank for the part of the vapour return line
between—
(a)
the delivery tank on the tanker truck,
and
(b)
the relevant point on the vapour return
line.
(5)
The vapour return line must have the following
fittings—
(a)
a fitting on the vapour return line
that—
(i)
connects to the vapour return line on the
delivery tank on the tanker truck, and
(ii)
does not permit the escape of vapour into the
atmosphere, and
(iii)
closes automatically when
disconnected,
(b)
a fitting on the fill pipe for the small storage
tank that—
(i)
connects to the liquid transfer line on the
delivery tank on the tanker truck, and
(ii)
does not permit the escape of
liquid.
(6)
A vapour transfer system may be used for more
than 1 storage tank on the same premises.
(7)
In this section—
relevant point, on a
vapour return line for a small storage tank, means—
(a)
the fitting on the line that is closest to the
small storage tank, or
(b)
the change in direction of the line that occurs
closest to the small storage tank.
92Overfill protection system for tank filled by operation of
gravity
(1)
A small storage tank that is filled by the
transfer of a volatile organic liquid from a delivery tank on a tanker truck
by the operation of gravity must have an overfill protection
system.
(2)
The overfill protection system must stop the flow
of the volatile organic liquid into the small storage tank before there is
insufficient space in the tank to receive it.
93Pressure vacuum valves for tank above
ground
(1)
A small storage tank that is above the ground
must have pressure vacuum valves fitted on the atmospheric vents of the
tank.
(2)
The pressure vacuum valves must be set to be
closed when the pressure in the tank is between 15kPa above, and 0.5kPa below,
ambient pressure.
(3)
Subsection (2) does not apply to a small storage
tank installed before 1 May 1982.
94Fill pipes for tanks commissioned on or after 1 July
2024
A small storage tank commissioned on or after 1
July 2024 must be fitted with—
(a)
a bottom loading fill pipe,
or
(b)
a submerged fill pipe.
95Opening cover of tank
(1)
A person must not open a cover on or associated
with a small storage tank if vapour is likely to be released into the
atmosphere.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
It is a defence to a prosecution for an offence
under this section if the person proves the cover was opened—
(a)
in an emergency, or
(b)
during gauging or sampling of the contents of the
small storage tank through a dip hatch, if—
(i)
no liquid transfer hoses are connected to the
tank fill pipe, and
(ii)
other hoses connected to the tank are closed,
or
(c)
during reasonable maintenance of the
tank.
Division 4Control
equipment for large loading plant
96Definitions
In this Regulation—
large loading plant means
industrial plant that is used for loading volatile organic liquid, at a rate
of more than 30ML per year, into the delivery tanks of large tanker
trucks.
97Application
(1)
This Division applies to a large loading plant in
the Sydney Metropolitan Area.
(2)
This Division applies to a large loading plant in
the following local government areas when a prescribed event occurs in
relation to the plant on or after 1 July 2027—
(a)
City of Blue Mountains,
(b)
Central Coast,
(c)
City of Cessnock,
(d)
Kiama,
(e)
City of Lake Macquarie,
(f)
City of Maitland,
(g)
City of Newcastle,
(h)
Port Stephens,
(i)
City of Shellharbour,
(j)
City of Shoalhaven,
(k)
Wingecarribee,
(l)
Wollondilly,
(m)
City of Wollongong.
(3)
In this section—
next scheduled
maintenance, for a large loading plant, means the next
occasion on which the plant is due for a service in accordance with the
maintenance schedule recommended by the manufacturer.
prescribed equipment
upgrade, for a large loading plant, means fitting to the
plant 1 or more of the following—
(a)
a vapour collection system in compliance with
section 98,
(b)
an interlock system in compliance with section
99,
(c)
a vapour disposal system in compliance with
section 100,
(d)
a vapour recovery system in compliance with
section 101.
prescribed event, for
a large loading plant, means—
(a)
the commissioning of the plant,
or
(b)
a prescribed equipment upgrade for the plant,
or
(c)
the next scheduled maintenance for the
plant.
98Vapour collection systems
(1)
A large loading plant must have a vapour
collection system that ensures all vapour displaced from delivery tanks on
tanker trucks during loading operations is collected and conveyed by a vapour
line to—
(a)
a vapour disposal system, or
(b)
a vapour recovery
system.
(2)
The vapour line must not permit the escape of
vapour into the atmosphere.
(3)
The vapour lines must have an internal diameter
of not less than 65% of the largest fill-line used for connection to the
delivery tank.
(4)
Each vapour line and liquid line between the
large loading plant and a delivery tank on a tanker truck must have a fitting
that—
(a)
connects securely to the delivery tank,
and
(b)
does not permit the escape of vapour or liquid,
and
(c)
closes automatically when
disconnected.
99Interlock systems
(1)
A large loading plant must have an interlock
system unless the large loading plant is used only for loading delivery tanks
that are fitted with an interlock system.
(2)
In this section—
interlock system means
a system that prevents the loading of a delivery tank unless a vapour
collection system is connected to the delivery tank.
100Vapour disposal systems
(1)
A vapour disposal system must incinerate the
vapour emitted from the large storage tank by a process that prevents the
total concentration of unburnt vapour emitted into the atmosphere
exceeding—
(a)
before 1 July 2027—1.5g as n-propane per
cubic metre of the gases resulting from the incineration process,
or
(b)
on and from 1 July 2027—
(i)
for gases originating from material containing a
principal toxic air pollutant—20mg as n-propane per cubic metre of the
gases resulting from the part of the incineration process that treats air
impurities that originate from material containing a principal toxic air
pollutant, or
(ii)
otherwise—40mg as n-propane per cubic metre
of the gases resulting from the part of the incineration process that treats
air impurities that originate from material containing a principal toxic air
pollutant.
(2)
The total concentration of unburnt vapour must be
determined in accordance with TM-34.
101Vapour recovery systems
(1)
A vapour recovery system must recover the vapour
emitted from loading operations by a process that prevents the total
concentration of unrecovered vapour emitted into the atmosphere during a
period of 4 hours exceeding—
(a)
before 1 July 2027—110mg as n-propane per
litre of volatile organic liquid passing into the tank during the 4-hour
period, or
(b)
on and from 1 July 2027—10mg as n-propane
per litre of volatile organic liquid passing into the tank during the 4-hour
period.
(2)
The total concentration of unrecovered vapour
must be determined in accordance with TM-20.
(3)
It is a defence to an offence under section 76
for a failure to comply with this section if—
(a)
the failure to comply is as result of the vapour
recovery system being shut down for the purposes of scheduled maintenance,
and
(b)
the vapour system is not shut down for scheduled
maintenance for more than 72 hours in a calendar year, and
(c)
all practicable steps are taken to prevent or
minimise the vapour emitted from loading operations while the vapour recovery
system is shut down.
Part 7Volatile organic liquids—large tanker trucks—the
Act, Sch 2, cl 6A
Division 1Preliminary
102Object of Part
The object of this Part is to control the release
into the atmosphere of vapours from volatile organic liquids from the use of
large tanker trucks.
103Application
(1)
This Part applies to a large tanker truck
that—
(a)
loads from a large loading plant in the Sydney
Metropolitan Area, or
(b)
unloads into a small storage tank
in—
(i)
the Sydney Metropolitan Area,
or
(ii)
the following local government
areas—
(A)
City of Blue Mountains,
(B)
Wingecarribee,
(C)
Wollondilly, or
(c)
unloads into a petrol storage tank to which Part
8, Division 2, Subdivision 3 applies.
(2)
On and from 1 July 2024, this Part also applies
to a large tanker truck that loads from a large loading plant in the following
local government areas—
(a)
City of Blue Mountains,
(b)
Central Coast,
(c)
City of Cessnock,
(d)
Kiama,
(e)
City of Lake Macquarie,
(f)
City of Maitland,
(g)
City of Newcastle,
(h)
Port Stephens,
(i)
City of Shellharbour,
(j)
City of Shoalhaven,
(k)
Wingecarribee,
(l)
Wollondilly,
(m)
City of Wollongong.
(3)
On and from 1 July 2024, this Part also applies
to a large tanker truck that unloads into a small storage tank in the
following areas—
(a)
Central Coast,
(b)
City of Cessnock,
(c)
Kiama,
(d)
City of Lake Macquarie,
(e)
City of Maitland,
(f)
City of Newcastle,
(g)
Port Stephens,
(h)
City of Shellharbour,
(i)
City of Shoalhaven,
(j)
City of Wollongong.
Division 2Control
equipment for large tanker trucks
104Use of large tanker truck
(1)
The owner of a large tanker truck must ensure the
tanker truck is not used to load or unload volatile organic liquid
unless—
(a)
the tanker truck is fitted with the required
control equipment, and
(b)
the required control equipment is—
(i)
installed in accordance with this Part,
and
(ii)
maintained in an efficient
condition.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
In this section—
required control
equipment, for a large tanker truck, means control equipment
required by this Division for the tanker truck.
105Exemption from requirement for control
equipment
(1)
This Division does not apply to a large tanker
truck if—
(a)
the tanker truck is fitted with control equipment
approved by the EPA by written notice given to the owner of the large tanker
truck, and
(b)
the tanker truck and control equipment comply
with specifications set out in the notice in relation to—
(i)
commissioning, or
(ii)
operation, or
(iii)
maintenance, or
(iv)
decommissioning.
(2)
The EPA may vary or revoke a notice under this
section at any time by further notice given to the
owner.
106Vapour handling system and lines
(1)
A large tanker truck must be fitted with a vapour
handling system for the vapour displaced to or from the delivery tank on the
truck during loading or unloading operations.
(2)
The delivery tank on the large tanker truck must
be fitted with a vapour transfer valve connecting the tank to—
(a)
a vapour return line fitting,
or
(b)
a vapour return line that is permanently
connected to the delivery tank.
(3)
The vapour transfer valve must—
(a)
be interlocked so that it is open whenever
volatile organic liquid is being transferred to or from the delivery tank on
the large tanker truck, and
(b)
if the vapour return line is not permanently
connected to the delivery tank—be interlocked with the vapour return
line fitting so that the vapour return line fitting is closed unless the
vapour return line is attached to the fitting.
(4)
If the delivery tank on the large tanker truck is
not fitted with a permanently connected vapour return line, the truck must not
be used unless a vapour return line is carried on the truck that—
(a)
does not permit the escape of vapour into the
atmosphere, and
(b)
is able to securely connect to—
(i)
the vapour return line fitting on the delivery
tank, and
(ii)
the tank or plant to or from which the delivery
tank is unloading or loading.
(5)
A vapour return line must have an internal
diameter of not less than 65% of the internal diameter of the largest liquid
transfer line used for loading or unloading the delivery tank on the large
tanker truck.
107Lines
A liquid transfer line, vapour transfer line or
other line fitted to a large tanker truck must have fittings
that—
(a)
securely connect to the tank or plant to which
volatile organic liquid is being loaded or unloaded, and
(b)
do not permit the escape of liquid or vapour into
the atmosphere, and
(c)
for a fitting on a liquid transfer
line—close automatically when disconnected.
108Overfill protection device
(1)
A large tanker truck must have an overfill
protection device.
(2)
The overfill protection device must—
(a)
be located in the delivery tank,
and
(b)
be designed to stop the flow of volatile organic
liquid into the tank as near as practicable to the level of ullage in the tank
that complies with the ADG Code, section 10.3.1.
(3)
In this section—
ADG Code has the same meaning
as in the Dangerous Goods (Road and Rail
Transport) Regulation 2022.
109Pressure vacuum valves
(1)
A large tanker truck must have pressure vacuum
valves fitted on the atmospheric vents of the delivery tank that
are—
(a)
set to be closed when the pressure in the tank is
between 15kPa above, and 3kPa below, ambient pressure, and
(b)
of a kind that may be fitted with a vent by-pass
or pilot-bleed system if the maximum area for free venting is limited to
15mm2.
(2)
Subsection (1) does not apply to an emergency
vent fitted to the tank.
(3)
The pressure vacuum valves must be maintained in
an efficient condition.
110Fitting of hatch covers to tank
openings
(1)
A large tanker truck must have covers fitted to
openings in the delivery tank that ensure no vapour is released into the
atmosphere when the covers are closed.
(2)
A person must not open a cover on or associated
with a delivery tank if vapour is likely to be released into the
atmosphere.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(3)
It is a defence to a prosecution for an offence
under this section if the person proves the cover was opened—
(a)
in an emergency, or
(b)
during gauging or sampling of the contents of the
delivery tank through a dip hatch, if—
(i)
no liquid transfer hoses are connected to the
delivery tank, and
(ii)
other hoses connected to the delivery tank are
closed, or
(c)
during reasonable maintenance of the delivery
tank.
Division 3Loading and
unloading large tanker trucks
111Loading from large loading plant
A person in charge of a large tanker truck being
loaded with volatile organic liquid from large loading plant must ensure that
the delivery tank mounted on the tanker truck is properly connected to the
vapour collection system of the plant.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
112Unloading into small storage tank
A person in charge of a large tanker truck
unloading volatile organic liquid into a small storage tank must ensure
that—
(a)
before the unloading takes place, the vapour
return line is connected to—
(i)
if the line is not permanently
connected—the appropriate vapour line fitting on the tanker truck,
or
(ii)
the appropriate vapour return fitting for the
storage tank, and
(b)
the vapour return line is not disconnected while
volatile organic liquid is being unloaded into the storage tank,
and
(c)
the connection or disconnection of a line is done
in a way that avoids or minimises spillage, and
(d)
the liquid transfer line is not disconnected from
the storage tank until the line is empty of liquid.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
113Leaving open delivery tank cover
The person in charge of a large tanker truck must
not, without reasonable excuse, leave open a cover on a delivery tank mounted
on the tanker truck if vapour is likely to be released into the
atmosphere.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
Part 8Petrol—the Act, Sch 2, cl 6A
Division 1Petrol
suppliers—vapour pressure
Subdivision 1Preliminary
114Definitions
(1)
In this Division—
blend, in relation to petrol,
means combine petroleum-based products with ethanol.
high ethanol blended
petrol means petrol containing 60% or more of ethanol by
volume.
low volatility
zone means the Greater Metropolitan Area other than the
local government area of Mid-Western Regional.
petrol supplier means
a person who—
(a)
imports petrol into this State for supply by the
person, whether the petrol was obtained from another State or Territory or
from another country, or
(b)
refines or blends petrol in this
State.
prescribed blended
petrol means—
(a)
petrol containing 4% or more of ethanol by
volume, but not more than 10% of ethanol by volume, or
(b)
high ethanol blended
petrol.
refine, in relation to petrol,
includes refining crude petroleum or shale oil.
supply includes—
(a)
sell by wholesale, retail, auction or tender,
and
(b)
offer to supply, and
(c)
barter or exchange, and
(d)
supply for profit, and
(e)
consign or deliver for sale,
and
(f)
cause or permit anything referred to in paragraph
(a)–(e).
unblended petrol
means petrol that does not contain ethanol.
vapour
pressure—see section 115.
115Meaning of “vapour
pressure”
(1)
In this Division, the vapour pressure of
petrol means the volatility of the petrol when measured in accordance with
this section.
(2)
The volatility of petrol must be
measured—
(a)
at 37.8°C, and
(b)
in accordance with—
(i)
ASTM
D4953Standard Test Method for Vapor
Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry
Method), as in force from time to time and published by
ASTM International, or
(ii)
for a particular supplier—another method
approved by the EPA.
(3)
The EPA may approve a petrol supplier using
another method to measure the volatility of petrol it supplies on the
application of the petrol supplier.
(4)
The approval may be given by written notice to
the petrol supplier.
(5)
The approval may be subject to
conditions.
(6)
The EPA may amend or revoke the approval at any
time.
Subdivision 2Offence of supplying petrol with high
volatility
116Vapour pressure of
petrol—offence
(1)
A petrol supplier must not supply petrol in the
low volatility zone during summer if the vapour pressure of the petrol is more
than—
(a)
for prescribed blended petrol, other than high
ethanol blended petrol—71kPa, or
(b)
otherwise—64kPa.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
A petrol supplier must not supply petrol in the
low volatility zone during summer if—
(a)
the petrol is unblended petrol that the supplier
has—
(i)
imported into the State, or
(ii)
refined in the State,
and
(b)
the monthly volumetric average vapour pressure of
the petrol is more than 62kPa.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
117Defence—person provided with false or misleading
documentation
It is a defence to proceedings against a person
for an offence under this Subdivision if the person proves—
(a)
the petrol was prescribed blended petrol,
and
(b)
the person reasonably believed the vapour
pressure of the unblended petrol used in the blended petrol complied with this
Subdivision based on documentation supplied to the person by the supplier of
the unblended petrol, and
(c)
the person did not know, and had no reasonable
grounds to suspect, the documentation was false or misleading in a material
respect.
118Defence—retail sale of petrol stored before
summer
(1)
It is a defence to proceedings against a person
for an offence under this Subdivision if the person proves the
petrol—
(a)
was supplied by retail sale by the person from a
petrol service station, and
(b)
was stored, immediately before the commencement
of the summer in which it was supplied, at the petrol service
station.
(2)
In this section—
petrol service
station has the same meaning as in section
127.
119Defence—supply for motor sports
It is a defence to proceedings against a person
for an offence under this Subdivision if the person proves—
(a)
the petrol was supplied solely for one of the
following purposes—
(i)
use in a motor vehicle in a motor racing event
conducted on a motor vehicle racing ground for which a licence is in force
under the Motor Vehicle Sports (Public Safety)
Act 1985 or in a test of a motor vehicle for the
event,
(ii)
use in a motor vehicle in a motor race authorised
to be conducted under the Motor Sports Events Act
2022 or in a test of a motor vehicle for the
race,
(iii)
testing to determine the composition, quality or
characteristics of the petrol, and
(b)
the person reasonably believed the petrol would
be used solely for that purpose.
120Defence—instrument under Energy and Utilities Administration Act
1987
(1)
It is a defence to proceedings against a person
for an offence under this Subdivision if an act or omission was authorised or
required by an instrument under the Energy and Utilities
Administration Act 1987, Part 6.
(2)
An instrument in force for part of a summer month
is taken, for the purposes of this Subdivision, to have been in force for the
whole of the month.
(3)
In this section—
instrument means the
following—
(a)
an order,
(b)
a proclamation,
(c)
a regulation,
(d)
a direction.
Subdivision 3Record keeping and
reporting
121Monthly volumetric average vapour
pressure
(1)
In this Subdivision, monthly
volumetric average vapour pressure, of petrol, means the
monthly volumetric average vapour pressure of the petrol calculated in
accordance with this section.
(2)
The monthly volumetric average vapour pressure of
petrol supplied during a summer month by a petrol supplier must be calculated
as follows—
(a)
a sample must be taken from each batch of the
petrol supplied in the month by the petrol supplier,
(b)
the vapour pressure of each sample taken must be
multiplied by a fraction that equals the volume of the petrol in the batch
from which the sample was taken divided by the total volume of the petrol
supplied in the relevant month,
(c)
the figures calculated in accordance with
paragraph (b) for each sample of petrol must be added
together,
(d)
the figure obtained in accordance with paragraph
(c) is the monthly volumetric average vapour
pressure.
(3)
One test method only must be used in measuring
vapour pressure to calculate the monthly volumetric average vapour pressure
for a particular month.
122Petrol supplier must keep records
A petrol supplier who supplies petrol in the low
volatility zone during summer must keep records in relation to the petrol in
accordance with this Subdivision for a period of at least 2
years.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
123Records for prescribed blended petrol
(1)
The following records must be kept for prescribed
blended petrol—
(a)
if the petrol was blended in a tanker
truck—
(i)
the volume of prescribed blended petrol contained
in each tanker truck, and
(ii)
the ethanol content by volume of the petrol in
each tanker truck,
(b)
otherwise—
(i)
the volume of prescribed blended petrol in each
batch, and
(ii)
the ethanol content by volume of each
batch.
124Records for blended petrol other than prescribed blended
petrol
(1)
The following records must be kept for blended
petrol other than prescribed blended petrol if the petrol was blended in a
tanker truck—
(a)
a monthly record of the vapour pressure of at
least 4 samples of the blended petrol taken from different trucks, on
different days of the month and at regular intervals during the
month,
(b)
the date or dates on which the vapour pressure of
the samples was tested,
(c)
the test method used to determine the vapour
pressure of the blended petrol,
(d)
the volume of blended petrol contained in each
tanker truck from which the samples of petrol were taken for
testing,
(e)
the volume of blended petrol contained in each
tanker truck from which a sample was not taken for
testing,
(f)
the ethanol content by volume of each tanker
truck of petrol from which the samples were taken for
testing.
(2)
The following records must be kept for blended
petrol other than prescribed blended petrol if the petrol was blended other
than in a tanker truck—
(a)
the vapour pressure of a sample of blended petrol
taken from each batch,
(b)
the date or dates on which the vapour pressure of
the samples was tested,
(c)
the test method used to determine the vapour
pressure of the blended petrol,
(d)
the volume of blended petrol in each
batch,
(e)
the ethanol content by volume of each
batch.
125Records for unblended petrol
(1)
The following records must be kept for unblended
petrol—
(a)
the monthly volumetric average vapour pressure of
the petrol,
(b)
the vapour pressure of each sample of petrol from
each batch tested to calculate the monthly volumetric average vapour pressure
of the petrol,
(c)
the date or dates on which the vapour pressure of
the samples was tested,
(d)
the test method used to determine the vapour
pressure of the petrol,
(e)
the volume of petrol in each
batch.
(2)
A petrol supplier who blends petrol, but does not
import petrol into this State or refine petrol in this State, is not required
to keep the records referred to in this section.
126Reporting
(1)
A petrol supplier who supplies petrol in the low
volatility zone during a summer month must, within 14 days after the end of
the month, provide a report to the EPA containing the following
information—
(a)
the monthly volumetric average vapour pressure of
unblended petrol supplied in the month,
(b)
the maximum vapour pressure of the following
petrol that was supplied in the month and from which samples were taken for
the purposes of this Division—
(i)
blended petrol other than prescribed blended
petrol,
(ii)
unblended petrol,
(c)
the total volume of the following petrol supplied
in the month—
(i)
prescribed blended petrol,
(ii)
other blended petrol,
(iii)
unblended petrol.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
The report must be provided in the form approved
by the EPA.
(3)
A petrol supplier who blends petrol, but does not
import petrol into this State or refine petrol in this State, is not required
to provide the information referred to in subsection (1)(a) and
(c)(ii).
Division 2Petrol
service stations
Subdivision 1Preliminary
127Definitions
In this Division—
existing petrol service
station—see section 128.
petrol dispenser means a
dispenser fitted to a pump that is operated to dispense petrol into the fuel
tank of a vehicle.
petrol service station
means premises from which petrol is dispensed, using a petrol dispenser, from
a storage tank.
qualified person, in relation
to an activity, means a person who has the competence and experience in
relation to the activity that is—
(a)
recognised in the relevant industry as
appropriate to carry out the activity, or
(b)
recognised generally in the relevant industry as
appropriate to carry out the activity.
throughput, for a petrol service
station, means—
(a)
if the station is not yet operating or has been
operating for less than 1 year—the amount of petrol the occupier of the
petrol service station estimates will be unloaded from large tanker trucks to
storage tanks on the service station in the service station’s first year
of operation, or
(b)
otherwise—the greatest amount of petrol
unloaded, on or after 1 January 2007, from large tanker trucks to storage
tanks on the petrol service station over a yearly period commencing on 1
January.
128Meaning of “existing petrol service
station”
(1)
In this Division, a petrol service station is an
existing petrol service
station if any of the following occurred before 13 November
2009—
(a)
development consent was obtained under the
Environmental Planning and Assessment Act
1979 for the petrol service station,
(b)
the installation of the petrol service station
was lawfully commenced,
(c)
petrol was dispensed from the petrol service
station.
(2)
However, an existing petrol service station
ceases to be an existing petrol
service station if—
(a)
the petrol station was an existing petrol station
from which petrol was dispensed before 13 November 2009,
and
(b)
on or after that date works are carried out
that—
(i)
involve the breaking up of a forecourt of the
petrol service station, and
(ii)
involve the opening up of petrol product lines
and the modification of the storage tanks, tank vents, petrol dispensers,
petrol product lines or tanker connection points of the service station,
and
(iii)
require development consent under the Environmental Planning and Assessment Act
1979.
Subdivision 2Petrol dispensers—stage 2 vapour
recovery
129Definitions
In this Subdivision—
EN
16321—1:2013 means the European standard EN 16321—1:2013, Petrol vapour recovery during refuelling of motor vehicles
at service stations.
operate, for a petrol dispenser,
means to pass fuel from the storage tank, through the petrol dispenser, to the
tank of a vehicle.
Ordinance means the German Ordinance on the Limitation of
Hydrocarbon Emissions during Refuelling of Motor Vehicles
of 14 August 2014.
vapour containment integrity
test—see section 132(1).
vapour recovery performance
test—see section 132(2).
VDI
4205 means Verein Deutscher Ingenieure specification VDI
4205.
130Application to petrol dispensers
(1)
This Subdivision applies to a petrol dispenser if
the dispenser is on a petrol service station other than an existing petrol
service station that—
(a)
is in the stage 2 zone, and
(b)
has had a throughput of more than 0.5 million
litres of petrol since 1 July 2010.
(2)
This Subdivision also applies to a petrol
dispenser if the dispenser is on an existing petrol service station
that—
(a)
is in the stage 2 zone and has had a throughput
of more than 12 million litres of petrol since 1 January 2014,
or
(b)
is in area A and has had a throughput of more
than 3.5 million litres of petrol since 1 January
2017.
(3)
In this section—
area
A means—
(a)
the Sydney Metropolitan Area,
and
(b)
the following local government
areas—
(i)
City of Blue Mountains,
(ii)
Wingecarribee,
(iii)
Wollondilly.
stage 2 zone
means—
(a)
area A, and
(b)
the following local government
areas—
(i)
Central Coast,
(ii)
City of Lake Macquarie,
(iii)
City of Newcastle,
(iv)
City of Shellharbour,
(v)
City of Wollongong.
131Operation of petrol dispenser to which Subdivision
applies
(1)
The occupier of a petrol service station must
ensure that a petrol dispenser is not operated unless—
(a)
it is fitted with the required control equipment,
and
(b)
the required control equipment is—
(i)
installed in accordance with this Subdivision,
and
(ii)
maintained in an efficient
condition.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
In this section—
required control
equipment, for a petrol dispenser, means control equipment
required by this Subdivision for the petrol
dispenser.
132Tests and certification
(1)
In this Subdivision, a vapour containment
integrity test means a test conducted—
(a)
if using a test on the dry portion of the
associated tank and lines capable of detecting a gas leak equivalent to 0.38L
per hour with a probability of detection of at least 95% and of false
detection of 5% or less—in accordance with AS 4897—2008, The design, installation and operation of underground
petroleum storage systems, or
(b)
otherwise—in accordance with—
(i)
if associated with a new petrol storage
tank—CARB Test Procedure TP–201.3, Determination of 2 Inch WC Static Pressure Performance of
Vapor Recovery Systems of Dispensing Facilities, ensuring
the orifice in the tank vent pipe is isolated or blocked,
or
(ii)
if associated with an existing or modified petrol
storage tank—CARB Test Procedure TP–201.3A, Determination of 5 Inch WC Static Pressure Performance of
Vapor Recovery Systems of Dispensing Facilities, ensuring
the orifice in the tank vent pipe is isolated or
blocked.
(2)
In this Subdivision, a vapour recovery
performance test means a test conducted in accordance
with—
(a)
a method set out in Part 2 of EN
16321—1:2013 or an equivalent method,
(b)
a method set out in Part 2 or Part 3 of VDI
4205.
(3)
In this section—
CARB test
procedure means California Air Resources Board Vapour
Recovery Test Procedure.
133Vapour recovery system
(1)
The control equipment required to be fitted to a
petrol dispenser is a vapour recovery system that—
(a)
before commissioning, has a manufacturer’s
certification issued by the manufacturer or supplier showing it is a stage 2
vapour recovery system with a hydrocarbon capture efficiency of not less than
85% vapour recovery to liquid dispensed by volume, as measured using a vapour
recovery performance test, and
(b)
has a visual indicator that the vacuum operates
when petrol is dispensed, and
(c)
is installed in accordance with the
manufacturer’s specifications by a qualified person,
and
(d)
before commissioning, has had the following tests
conducted on it by a qualified person—
(i)
a vapour containment integrity test,
and
(ii)
a vapour recovery performance
test.
(2)
In this section, a manufacturer’s
certification means certification made in accordance
with—
(a)
Part 1 of EN 16321—1:2013 or an equivalent
standard to Part 1 of EN 16321—1:2013, or
(b)
the Ordinance, section 3, subsection
(6).
134Vapour recovery—testing
(1)
The occupier of a petrol service station must
ensure that the control equipment required to be fitted to a petrol dispenser
is tested using—
(a)
a vapour recovery performance test conducted
immediately after the removal or replacement of any of the components required
to ensure the integrity of the vapour recovery system, and
(b)
if an automatic pressure monitoring system is not
installed and fully operational at the petrol service station—
(i)
a vapour recovery performance test conducted at
least once every 6 months, and
(ii)
a vapour containment integrity test conducted on
the petrol storage tank, fittings and lines at least once every 3
years.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
The occupier of a petrol service station must
ensure that a petrol dispenser is not operated unless the most recent results
of—
(a)
a vapour recovery performance test in relation to
the dispenser shows the vapour recovery to liquid dispensed ratio was at least
95% and no more than 105%, and
(b)
a vapour containment integrity test shows the
petrol storage tank, fittings and lines are functioning
properly.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(3)
In this section—
vapour system recovery
performance means the ratio of the volume of recirculated
vapour and air mixture to the volume of liquid dispensed into the fuel tank of
a vehicle.
135Vapour recovery—monitoring
(1)
The occupier of a petrol service station must
ensure that a petrol dispenser is not operated unless it is also fitted with
an automatic monitoring system that—
(a)
is capable of detecting faults in the functioning
of the required control equipment, and
(b)
is capable of detecting faults in its own
functioning, and
(c)
provides a warning or alarm when a fault is
detected, and
(d)
automatically cuts off the flow of fuel from the
petrol dispenser if the fault which is the subject of a warning or alarm is
not rectified within 7 days, and
(e)
is capable of recording the last—
(i)
1 year of data, and
(ii)
100 faults in the functioning of the required
control equipment, and
(f)
has a manufacturer’s certification that
shows the criteria set out in paragraphs (a)–(e) are
satisfied.
(2)
This section does not apply to a petrol dispenser
at a petrol service station that has not had a throughput of 7 million litres
or more of petrol at any time since being required to fit the required control
equipment, if an adequately trained person on a weekly basis—
(a)
checks the visual indicator on the vacuum during
a dispensing operation to ensure the vacuum is functioning,
and
(b)
inspects the vapour return lines for torn,
flattened or kinked lines or damaged seals, and
(c)
records the test and the inspection in the log
book required to be kept under Subdivision 4.
(3)
In this section—
adequately trained
person means a person who has been trained to perform the
check of the relevant required control equipment—
(a)
in accordance with the instructions of the
manufacturer or supplier of that equipment, or
(b)
in a way that enables the person to—
(i)
correctly identify an operating vacuum using the
visual indicator on the vacuum during a dispensing operation,
and
(ii)
find and correctly identify torn, flattened or
kinked lines or damaged seals on a vapour return line, and
(iii)
correctly enter weekly checks in the log book
required to be kept under Subdivision 4, including whether the vacuum is
operational and lines and seals are fit for the
purpose.
manufacturer’s
certification means certification made in accordance
with—
(a)
Part 1 of EN 16321—1:2013 or an equivalent
standard to Part 1 of EN 16321—1:2013, or
(b)
the Ordinance, section 3, subsection (5), subject
to the following—
(i)
the number of days until the automatic monitoring
system shuts off the flow is 7,
(ii)
the test procedure for demonstrating the correct
function of the automatic monitoring system is the automatic monitoring test
in VDI 4205.
136Petrol dispenser not to be operated until fault
rectified
(1)
A petrol dispenser must not be operated after 7
days after a fault is identified in the required control equipment, including
the automatic monitoring system, until the fault has been rectified by a
qualified person.
(2)
A fault exists if—
(a)
a vapour return line is torn, flattened or
kinked, or
(b)
a seal is damaged, or
(c)
the visual indicator on the vacuum indicates the
vacuum is not functioning properly, or
(d)
the automatic monitoring system fails to detect a
fault in required control equipment that it is
monitoring.
137Compliance notification
(1)
The occupier of a petrol service station must
ensure the notices required by this section are displayed in accordance with
this section.
Maximum penalty—
(a)
for a corporation—300 penalty units,
or
(b)
for an individual—150 penalty
units.
(2)
A notice is required to be displayed on each
petrol dispenser fitted with the required control equipment to the effect that
the petrol dispenser is fitted with stage 2 vapour recovery
equipment.
(3)
A notice is required to be displayed on the
petrol service station premises if all petrol dispensers on the premises are
fitted with the required control equipment, to the effect that the petrol
service station is fitted with stage 2 vapour recovery
equipment.
(4)
In this section—
notice means a sign, sticker
or other notification.
138Reporting to council
(1)
The occupier of a petrol service station must
give the relevant local council notice of the commissioning of a petrol
dispenser to which this Subdivision will apply within 1 month after the
commissioning.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
In this section—
relevant local
council means the local council for the local government
area in which the petrol service station is situated.
Subdivision 3Petrol storage tanks—stage 1 vapour
recovery
139Definitions
In this Subdivision—
operate, for a petrol storage
tank, means to allow petrol to remain in the petrol storage
tank.
relevant standards
authority means the following—
(a)
Standards Australia,
(b)
European Standards,
(c)
British Standards
Institution,
(d)
Underwriters
Laboratories.
vapour containment
integrity test—see section
132(1).
140Application to petrol storage tanks
(1)
This Subdivision applies to a petrol storage tank
if the tank is on a petrol service station other than an existing petrol
service station that—
(a)
is in the stage 1 zone, and
(b)
has had a throughput of more than 0.5 million
litres of petrol since 1 July 2010.
(2)
This Subdivision also applies to a petrol storage
tank if the tank is on an existing petrol service station that—
(a)
is in the stage 1 zone, and
(b)
has had a throughput of more than 0.5 million
litres of petrol since 1 January 2015.
(3)
In this section—
stage 1 zone
means—
(a)
the Sydney Metropolitan Area,
and
(b)
the following local government
areas—
(i)
City of Blue Mountains,
(ii)
Central Coast,
(iii)
City of Cessnock,
(iv)
Kiama,
(v)
City of Lake Macquarie,
(vi)
City of Maitland,
(vii)
City of Newcastle,
(viii)
Port Stephens,
(ix)
City of Shellharbour,
(x)
City of Shoalhaven,
(xi)
Wingecarribee,
(xii)
Wollondilly,
(xiii)
City of Wollongong.
141Operation of petrol storage tank to which Subdivision
applies
(1)
The occupier of a petrol service station must
ensure that a petrol storage tank is not operated unless—
(a)
it is fitted with the required control equipment,
and
(b)
the required control equipment is—
(i)
installed in accordance with this Subdivision,
and
(ii)
maintained in an efficient
condition.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
In this section—
required control
equipment, for a petrol storage tank, means control
equipment required by this Subdivision for the petrol storage
tank.
142Vapour transfer system and lines
(1)
A petrol storage tank must have a vapour transfer
system that ensures vapour displaced by the transfer of petrol to the petrol
storage tank from a delivery tank on a tanker truck is returned to the
delivery tank by a vapour return line.
(2)
The vapour return line must not permit the escape
of vapour into the atmosphere.
(3)
The vapour return line must have a fitting on the
vapour return line that—
(a)
connects to the vapour return line on the
delivery tank on the tanker truck, and
(b)
does not permit the escape of vapour into the
atmosphere, and
(c)
closes automatically when
disconnected.
(4)
The fitting on the vapour return line must be
incompatible with the fitting on the petrol delivery line to ensure liquid is
not discharged into the vapour return line.
143Fill pipes
A petrol storage tank must have a submerged fill
pipe that terminates below the lowest point of a suction inlet used for the
pumping of petrol out of the petrol storage tank.
144Overfill prevention
(1)
A petrol storage tank must have a float vent
valve positioned—
(a)
above the highest point of an overfill prevention
device when in the closed position, and
(b)
so that the valve shuts off the flow into the
petrol storage tank at—
(i)
the level advised by the manufacturer of the
petrol storage tank, or
(ii)
if no level is advised, at 95% of the petrol
storage tank’s capacity.
(2)
A petrol storage tank at a service station must
have—
(a)
an overfill prevention device installed in the
tank fill piping, or
(b)
a supply system that slows delivery of petrol
into the petrol storage tank to prevent
overfilling.
(3)
Subsection (2) does not apply to a petrol station
if any of the following occurred before 13 November 2009—
(a)
development consent was obtained under the
Environmental Planning and Assessment Act
1979 for the petrol service station,
or
(b)
the installation of the petrol service station
was lawfully commenced, or
(c)
petrol was dispensed from the petrol service
station.
145Petrol spill containment
(1)
A petrol storage tank must have spill containment
enclosures for all tank fill connection points.
(2)
A petrol storage tank must have a fitting on the
fill pipe that—
(a)
connects to the liquid transfer line on the
delivery tank on the tanker truck, and
(b)
does not permit the escape of
liquid.
146Seals
(1)
A petrol storage tank must have secure seals on
connection points of tank filling pipes and vapour return pipes that minimise
vapour leaks when the pipes are not in active use.
(2)
A petrol storage tank must have secure seals for
the apertures for the use of a dipstick, if dip hatches are provided on the
tank.
147Vent pipe
(1)
A petrol storage tank must have a petrol storage
tank vent pipe.
(2)
The vent pipe must have a pressure vacuum valve
or a similar device that—
(a)
is certified by the manufacturer as—
(i)
meeting the pressure specifications and total
leak rates set out in CP–201, sections 3.5.1 and 3.5.2,
and
(ii)
otherwise conforming with a standard that
is—
(A)
applicable to the valve or device,
and
(B)
published by a relevant standards authority,
and
(b)
is, in the opinion of a qualified person, a
suitable size and type and possesses suitable safety features for use in the
vent pipe, and
(c)
is of a size and weight to allow an emergency
release of vapour at not more than 80% of the maximum pressure for which the
tank was designed to withstand, and
(d)
has been installed as advised by a qualified
person.
(3)
If a device other than a pressure vacuum valve is
used the device must also—
(a)
provide emergency relief of pressure or vacuum,
and
(b)
have a volume flow rate when venting that is
sufficient to ensure the pressure or vacuum is not more than that for which
the tank is designed, and
(c)
be certified by the manufacturer as providing a
seal against leakage when the device is closed with at least the same
performance as the leak test set out in
TP–201.1E.
(4)
The vent pipe must also have a 10mm orifice or a
similar device that—
(a)
is arranged so that the pressure vacuum valve or
other similar device would continue to operate if the orifice were to become
blocked, and
(b)
for a device other than an orifice—is
certified by the manufacturer as retaining at least 97% of vapour in the
system.
(5)
In this section—
CP–201 means CP–201Certification Procedure for Vapor Recovery Systems at
Gasoline Dispensing Facilities published by the California
Air Resources Board.
TP–201.1E means TP–201.1ELeak
Rate and Cracking Pressure of Pressure/Vacuum Valves
published by the California Air Resources Board.
148Vapour processing unit
If a petrol storage tank is fitted with a vapour
processing unit, the unit must be certified by the manufacturer
as—
(a)
having a hydrocarbon capture efficiency of at
least 97%, and
(b)
otherwise conforming with a standard that
is—
(i)
applicable to the unit, and
(ii)
published by a relevant standards
authority.
149Testing petrol storage tank
(1)
The occupier of a petrol service station must
ensure that a petrol storage tank is tested as follows—
(a)
before required control equipment is fitted to
the tank, the tank must be shown to have no leaks in accordance with
subsection (2),
(b)
after required control equipment is fitted to the
tank and before commissioning the tank, a vapour containment integrity test
must be conducted in accordance with section 132.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
A tank is taken to have no leaks if, in the
previous 3 years, the tank has been certified as having no leaks in accordance
with—
(a)
the provisions for equipment integrity testing
specified in AS 4897—2008,
The design, installation and operation of underground
petroleum storage systems, section 8.5,
or
(b)
a test procedure that is certified as being
capable of detecting any leak in the liquid space of the petroleum storage
system.
(3)
In this section—
storage system has the
same meaning as in the Protection of the
Environment Operations (Underground Petroleum Storage Systems) Regulation
2019.
150Opening cover of tank
(1)
A person must not open a cover on or associated
with a petrol storage tank if petrol vapour is likely to be released into the
atmosphere.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
It is a defence to a prosecution for an offence
under this section if the person proves the cover was opened—
(a)
in an emergency, or
(b)
during gauging or sampling of the contents of the
petrol storage tank through a dip hatch, if—
(i)
no liquid transfer hoses are connected to the
tank fill pipe, and
(ii)
other hoses connected to the tank are closed,
or
(c)
during reasonable maintenance of the
tank.
(3)
In this section—
petrol vapour means a
gaseous compound that evaporates from petrol.
151Periodic testing
(1)
The occupier of a petrol service station must
ensure that a vapour containment integrity test is conducted on the petrol
storage tank, fittings and lines and the control equipment required to be
fitted to the tank—
(a)
immediately after the removal or replacement of
any of the components required to ensure the integrity of the vapour
containment system, and
(b)
at least once every 3 years during any period in
which an automatic pressure monitoring system is not installed and fully
operational.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
The occupier of a petrol service station must
ensure that an inspection is carried out on orifice plates and pressure vacuum
valves for the following at least once every year if an automatic pressure
monitoring system is not installed and fully operational at the petrol service
station—
(a)
extraneous matter,
(b)
correct sealing,
(c)
the presence of
corrosion.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(3)
The occupier of a petrol service station must
ensure that the functioning of pressure vacuum valves are tested in accordance
with TP–201.1E, or an equivalent standard, at least once every 3 years
if an automatic pressure monitoring system is not installed and fully
operational at the petrol service station.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(4)
A petrol storage tank and the control equipment
required to be fitted to the tank must not be operated unless the tank and
equipment have passed the most recent inspections and tests conducted under
this section and section 149.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(5)
In this section—
TP–201.1E means Vapor Recovery Test Procedure
TP–201.1E Leak Rate and Cracking Pressure of Pressure/Vacuum
Valves published by the California Environmental
Protection Agency Air Resources Board.
152Reporting to council
(1)
The occupier of a petrol service station must
give the relevant local council notice of the commissioning of a petrol
storage tank to which this Subdivision will apply within 1 month after the
commissioning.
Maximum penalty—
(a)
for a corporation—100 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
In this section—
relevant local
council means the local council for the local government
area in which the petrol service station is situated.
Subdivision 4Log
books
153Requirement for log books
(1)
The occupier of a petrol service station must
keep a log book in accordance with this Subdivision if the petrol station
has—
(a)
a petrol dispenser to which Subdivision 2
applies, or
(b)
a petrol storage tank to which Subdivision 3
applies.
Maximum penalty—
(a)
for a corporation—400 penalty units,
or
(b)
for an individual—200 penalty
units.
(2)
The log book—
(a)
may be kept in electronic form,
and
(b)
must be kept at or, if in electronic form, be
accessible from, the petrol service station at which the prescribed control
equipment is being operated.
154Matters to be included in log book
(1)
The following must be entered in a log book in
relation to control equipment required to be fitted to a petrol dispenser or a
petrol storage tank—
(a)
the type of control equipment
installed,
(b)
if the control equipment has a serial
number—the serial number,
(c)
the name and address of the
following—
(i)
the manufacturer of the control
equipment,
(ii)
the supplier of the control
equipment,
(iii)
the person or body that carried out the
installation of the control equipment,
(d)
for a modification carried out on the control
equipment—a description of the modification, including the
following—
(i)
the type of control equipment replaced, removed
or added,
(ii)
the serial number of new control equipment, if
any, and
(iii)
the name and address of the person or body who
carried out the modification work,
(e)
a description of the routine maintenance carried
out on the control equipment,
(f)
details of rectification work carried out on the
control equipment, including the name and address of the person or body that
carried out the rectification work,
(g)
details of the manual monitoring of control
equipment undertaken,
(h)
a description of the testing of the operation of
the control equipment, whether carried out in compliance with this Regulation
or otherwise, including the following—
(i)
the type of test carried out,
(ii)
the results of the test,
(iii)
the name and address of the person or body who
carried out the test,
(i)
a description of incidents, if any, that
indicated that the control equipment was not, or may not have been, operating
in a proper and efficient way and the measures taken to investigate and
respond to the incident.
(2)
This section applies to a part of the control
equipment in the same way that it applies to the control
equipment.
(3)
A log book may include information kept in
compliance with other requirements imposed by or under the Act.
Note—
For example, an incident log kept in accordance
with the Protection of the Environment
Operations (Underground Petroleum Storage Systems) Regulation
2019, section 25 could also include the information
required to be kept under this Regulation.
155Keeping of records
(1)
A record required to be kept in a log book must
be held for 3 years from the date of creation of the
record.
(2)
A certificate for control equipment from a
supplier or manufacturer must be held with the log book for the longer of the
following periods—
(a)
3 years,
(b)
until the prescribed control equipment to which
the certificate relates is decommissioned.
(3)
If the petrol service station permanently ceases
to operate during the 3-year period referred to in subsection (1) or (2), the
record or certificate must be kept at the principal place of business of the
person who, immediately before the petrol service station ceased to operate,
was the occupier of the petrol service station.
Division 3Transfer
into fuel tank of vehicle
156Flow restriction device required
The occupier of premises at which petrol is sold
to the public must ensure petrol is not transferred into the fuel tank of a
motor vehicle on the premises except by a petrol delivery hose with a nozzle
that immediately cuts off the flow of petrol when the tip of the nozzle is
immersed in petrol.
Maximum penalty—50 penalty
units.
157Petrol delivery hose must be fully inserted in fill
pipe
A person must not transfer petrol into the fuel
tank of a motor vehicle on premises at which petrol is sold to the public
unless the nozzle of the petrol delivery hose is inserted as far as it will go
into the fill pipe for the fuel tank.
Maximum penalty—8 penalty
units.
Part 9Sulfur in liquid fuel—the Act, Sch 2, cl
6A
158Definition
In this Part—
ASTM
D5453 means the standard ASTM
D5453Standard Test Method for Determination
of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel
Engine Fuel, and Engine Oil by Ultraviolet Fluorescence,
as in force from time to time and published by ASTM
International.
159Limits on sulfur content of liquid
fuel
(1)
A person must not operate fixed or stationary
fuel burning equipment using liquid fuel, other than diesel, if the fuel has a
sulfur content, as measured in accordance with ASTM D5453—
(a)
for equipment in a relevant area—of more
than 0.5% by weight, or
(b)
otherwise—of more than 2.5% by
weight.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(2)
A person must not operate fuel burning equipment
powered by a reciprocating internal combustion engine using diesel, if the
fuel has a sulfur content of more than the sulfur content specified for
diesel—
(a)
in a fuel standard determined under the Fuel Quality
Standards Act 2000 of the Commonwealth, section 21,
or
(b)
in an approval granted under the Fuel Quality
Standards Act 2000 of the Commonwealth, section
13.
Maximum penalty—
(a)
for a corporation—200 penalty units,
or
(b)
for an individual—50 penalty
units.
(3)
Subsection (2) does not apply to a regulated
Australian vessel within the meaning of the Navigation Act
2012 of the Commonwealth, section
15.
(4)
It is a defence to a prosecution for an offence
under this section if the person proves—
(a)
the liquid fuel was supplied under an order
placed by the person for liquid fuel conforming to the relevant requirements
of this section, and
(b)
the person reasonably believed the sulfur content
of the liquid fuel conformed to the requirements.
(5)
In this section—
diesel has the same meaning as
in the Fuel Quality Standards (Automotive Diesel) Determination
2019 of the Commonwealth.
relevant area
means—
(a)
Sydney Metropolitan Area, and
(b)
the following local government
areas—
(i)
City of Blue Mountains,
(ii)
Central Coast,
(iii)
City of Lake Macquarie,
(iv)
City of Newcastle,
(v)
City of Shellharbour,
(vi)
Wingecarribee,
(vii)
Wollondilly,
(viii)
City of Wollongong.
160Defence—control equipment reduces
emissions
It is a defence to an offence under this Part
if—
(a)
the emission of sulfur compounds into the
atmosphere from the burning of fuel is restricted by control equipment or
otherwise, and
(b)
because of the restriction, the emission of
sulfur compounds into the atmosphere is no greater than it would be
if—
(i)
there were no restriction,
and
(ii)
the fuel had a sulfur content that complied
with—
(A)
section 159, or
(B)
if the restrictions are in place because of a
licence—the licence.
161Defence—liquid fuel used to light or stabilise solid
fuel
It is a defence to an offence under this Part for
burning liquid fuel if—
(a)
the burning is for the lighting-up or
flame-stabilising of fuel burning equipment designed primarily to burn solid
fuel, and
(b)
the liquid fuel has a sulfur content of no more
than 2.5% by weight, as measured in accordance with ASTM
D5453.
162Exception—burning approved by
EPA
(1)
The EPA may grant an approval for a person to
burn liquid fuel with a sulfur content higher than that permitted by section
159.
(2)
The approval may be granted if the EPA considers
that there are special circumstances that justify the burning of the
fuel.
(3)
The approval may be given by written notice to
the person.
(4)
The approval may be subject to
conditions.
(5)
The EPA may amend or revoke the approval at any
time.
(6)
A person who burns fuel in accordance with an
approval applying to the person does not commit an offence under this
Part.
Part 10Miscellaneous
163Repeal and savings
(1)
The Protection of the
Environment Operations (Clean Air) Regulation 2021 is
repealed.
(2)
An act, matter or thing that, immediately before
the repeal of the Protection of the Environment
Operations (Clean Air) Regulation 2021, had effect under
that Regulation continues to have effect under this
Regulation.
(3)
Schedule 4 is repealed on the day after the day
on which it commences.
164Transitional provision—meaning of
“summer” for Part 8 until 2023
Before 16 March 2023, a reference in Part 8 to
summer means the period commencing on
the commencement of this Regulation and ending at the end of 15 March
2023.
Schedule 1Local government
areas in which burning is prohibited
sections 12 and 13
Part 1Areas in which all burning is prohibited except with
approval
Bayside
Georges
River
City of
Randwick
City of
Blacktown
Hunters
Hill
City of
Ryde
Broken Hill
City
Inner
West
City of
Shellharbour
Burwood
Lane
Cove
Strathfield
Camden
City of
Liverpool
Sutherland
Shire
City of
Campbelltown
Mosman
City of
Sydney
Canada
Bay
City of
Newcastle
Waverley
Canterbury-Bankstown
North
Sydney
City of
Willoughby
Cumberland
Northern
Beaches
City of
Wollongong
City of
Fairfield
City of
Parramatta
Woollahra
Part 2Areas in which burning of vegetation is prohibited
except with approval
City of
Albury
Goulburn
Mulwaree
Narromine
Armidale
Regional
Gunnedah
Orange
City
Ballina
Gwydir
City of
Penrith
Balranald
City of
Hawkesbury
Port
Macquarie-Hastings
Bathurst
Regional
Hay
Port
Stephens
Bega
Valley
Hornsby
Queanbeyan-Palerang
Regional
Bellingen
Junee
Richmond
Valley
Bland
Kiama
Snowy Monaro
Regional
City of Blue
Mountains
Ku-ring-gai
Snowy
Valleys
Bourke
City of Lake
Macquarie
Tamworth
Regional
Brewarrina
Leeton
The Hills
Shire
Central
Coast
Lismore
City
Tweed
City of
Cessnock
City of
Lithgow
Upper Lachlan
Shire
Clarence
Valley
Liverpool
Plains
Uralla
Coffs Harbour
City
City of
Maitland
Wagga Wagga
City
Coonamble
Mid-Coast
Warrumbungle
Shire
Dubbo
Regional
Mid-Western
Regional
Wentworth
Dungog
Muswellbrook
Wingecarribee
Eurobodalla
Nambucca
Wollondilly
Forbes
Narrabri
Wyong
Part 3Areas in which burning of anything other than vegetation
is prohibited, except with approval or in relation to certain domestic
waste
City of
Albury
Gwydir
Orange
City
Armidale
Regional
City of
Hawkesbury
City of
Penrith
Ballina
Hay
Port
Macquarie-Hastings
Balranald
Hilltops
Port
Stephens
Bathurst
Regional
Hornsby
Queanbeyan-Palerang
Regional
Bega
Valley
Inverell
Richmond
Valley
Bland
Junee
City of
Shoalhaven
City of Blue
Mountains
Kempsey
Snowy Monaro
Regional
Bourke
Kiama
Snowy
Valleys
Brewarrina
Ku-ring-gai
Tamworth
Regional
Central
Coast
Kyogle
Temora
City of
Cessnock
City of Lake
Macquarie
The Hills
Shire
Clarence
Valley
Leeton
Tweed
Coffs Harbour
City
Lismore
City
Upper Hunter
Shire
Coolamon
City of
Lithgow
Upper Lachlan
Shire
Coonamble
Lockhart
Uralla
Dubbo
Regional
City of
Maitland
Wagga Wagga
City
Dungog
Mid-Coast
Walcha
Eurobodalla
Mid-Western
Regional
Warren
Federation
Murray
River
Warrumbungle
Shire
Forbes
Muswellbrook
Wentworth
Glen Innes
Severn
Nambucca
Wingecarribee
Goulburn
Mulwaree
Narrabri
Wollondilly
Greater Hume
Shire
Narrandera
Yass
Valley
City of
Griffith
Narromine
Gunnedah
Oberon
Schedule 2Standards of
concentration
sections 52, 58, 61 and
63
Part 1Definitions
1Definitions
In this Regulation—
dioxin means 1 or more of the
following—
(a)
2,3,7,8 tetrachlorodibenzodioxin
(TCDD),
(b)
1,2,3,7,8 pentachlorodibenzodioxin
(PeCDD),
(c)
1,2,3,4,7,8 hexachlorodibenzodioxin
(HxCDD),
(d)
1,2,3,6,7,8 hexachlorodibenzodioxin
(HxCDD),
(e)
1,2,3,7,8,9 hexachlorodibenzodioxin
(HxCDD),
(f)
1,2,3,4,6,7,8 heptachlorodibenzodioxin
(HpCDD),
(g)
octachlorodibenzodioxin
(OCDD).
furan means 1 or more of the
following—
(a)
2,3,7,8 tetrachlorodibenzofuran
(TCDF),
(b)
2,3,4,7,8 pentachlorodibenzofuran
(PeCDF),
(c)
1,2,3,7,8 pentachlorodibenzofuran
(PeCDF),
(d)
1,2,3,4,7,8 hexachlorodibenzofuran
(HxCDF),
(e)
1,2,3,6,7,8 hexachlorodibenzofuran
(HxCDF),
(f)
1,2,3,7,8,9 hexachlorodibenzofuran
(HxCDF),
(g)
2,3,4,6,7,8 hexachlorodibenzofuran
(HxCDF),
(h)
1,2,3,4,6,7,8 heptachlorodibenzofuran
(HpCDF),
(i)
1,2,3,4,7,8,9 heptachlorodibenzofuran
(HpCDF),
(j)
octachlorodibenzofuran
(OCDF).
non-standard fuel means
a fuel other than a standard fuel.
principal toxic air
pollutant means 1 or more of the following elements,
compounds or classes of compounds—
(a)
acrolein,
(b)
acrylonitrile,
(c)
alpha chlorinated toluenes and benzoyl
chloride,
(d)
arsenic and arsenic
compounds,
(e)
benzene,
(f)
beryllium and beryllium
compounds,
(g)
1,3-butadiene,
(h)
cadmium and cadmium
compounds,
(i)
chromium VI compounds,
(j)
1,2-dichloroethane (ethylene
dichloride),
(k)
dioxins or furans,
(l)
epichlorohydrin,
(m)
ethylene oxide,
(n)
formaldehyde,
(o)
hydrogen cyanide,
(p)
MDI (diphenylmethane
diisocyanate),
(q)
nickel and nickel compounds,
(r)
PAH, as benzo[a]pyrene
equivalent,
(s)
pentachlorophenol,
(t)
phosgene,
(u)
propylene oxide,
(v)
TDI (toluene-2,4-diisocyanate and
toluene-2,6-diisocyanate),
(w)
trichloroethylene,
(x)
vinyl chloride.
standard fuel means an
unused and uncontaminated solid, liquid or gaseous fuel that is—
(a)
a coal or coal-derived fuel, other than tar or
tar residues, or
(b)
a liquid or gaseous petroleum-derived fuel,
or
(c)
a wood or wood-derived fuel,
or
(d)
bagasse.
Type 1 substance means
the elements antimony, arsenic, cadmium, lead or mercury, or a compound
containing 1 or more of those elements.
Type 2 substance means
the elements beryllium, chromium, cobalt, manganese, nickel, selenium, tin or
vanadium, or a compound containing 1 or more of those elements.
volatile organic compound
(VOC) means a chemical compound that—
(a)
is based on carbon chains or rings,
and
(b)
contains hydrogen, and
(c)
has a vapour pressure greater than 0.27
kilopascals if measured at an ambient temperature of 25°C and at a
standard atmospheric pressure of 101.3 kilopascals, and
(d)
includes chemical compounds that contain oxygen,
nitrogen or other elements, but does not include methane, carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides and carbonate
salts.
Part 2Scheduled premises
Division 1Afterburners, flares and vapour recovery
units
Afterburners and other thermal treatment plant, excluding
flares
Air
impurity
Plant
Standard of concentration
Solid
particles (total)
An
afterburner or other thermal treatment plant treating air impurities that
originate from material containing a principal toxic air
pollutant
Group
1
400mg/m3
Group 2, 3 or
4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
An afterburner or other thermal treatment
plant
Group 1, 2, 3
or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2, 3,
4 or 5
—
Group
6
20mg/m3 VOCs or 125mg/m3
CO
An afterburner or other thermal treatment plant treating air
impurities that originate from material not containing a principal toxic air
pollutant
Group 1, 2,
3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Hydrogen chloride (HCl)
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2, 3
or 4
400mg/m3
Group 5 or
6
100mg/m3
Type 1 substances (in aggregate)
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2 or
3
20mg/m3
Group
4
10mg/m3
Group 5 or
6
—
Type 1 substances and Type 2 substances (in
aggregate)
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2, 3
or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2 or
3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group 1, 2,
3, 4 or 5
—
Group
6
0.1ng/m3
Smoke
An afterburner or other thermal treatment plant treating air
impurities that originate from material containing a principal toxic air
pollutant
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2, 3,
4, 5 or 6
20%
opacity
Flares
Air
impurity
Plant
Standard of
concentration
Volatile organic compounds (VOCs), as n-propane
equivalent
An enclosed ground-level flare treating landfill
gas
Group 1, 2, 3,
4 or 5
—
Group
6
40mg/m3 VOCs
Smoke
A flare
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4 or 5
20%
opacity
Group
6
No
visible emission other than for a total of no more than 5 minutes in any 2
hour period
Vapour recovery units and other non-thermal treatment
plant
Air
impurity
Plant
Standard of
concentration
Volatile organic compounds (VOCs), as n-propane
equivalent
A
vapour recovery unit treating air impurities that originate from material
containing a principal toxic air pollutant
Group 1, 2, 3,
4 or 5
—
Group
6
20mg/m3 VOCs
A vapour recovery unit treating air impurities that originate
from material not containing a principal toxic air pollutant
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs
Division 2Activities and plant used for specific
purposes
Agricultural fertiliser or ammonium nitrate
production
Air
impurity
Activity
or plant
Standard of concentration
Solid
particles (Total)
A
crushing, grinding, separating or materials handling activity
Group
1
400mg/m3
Group 2, 3 or
4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Sulfur dioxide (SO2)
Acid production
Group
1
5,600mg/m3
Group 2, 3, 4
or 5
2,800mg/m3
Group
6
1,000mg/m3
Sulfuric acid mist (H2SO4) or sulfur
trioxide (SO3) or both, as SO3 equivalent
Acid production
Group
1
200mg/m3
Group 2, 3, 4,
5 or 6
100mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
Acid production
Group 1, 2, 3
or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Smoke
Acid production
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2, 3,
4, 5 or 6—during a prescribed period
60%
opacity
Group 2, 3,
4, 5 or 6—otherwise
20%
opacity
Aluminium—primary production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
An activity or plant, except as listed below
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
Pre-baked anode production
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
300mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
Production of aluminium from alumina
Group
1
40mg/m3
Group
2
20mg/m3
Group 3
or 4
1.0 kg/t
Al
Group
5
0.8 kg/t
Al
Group
6
0.6 kg/t
Al
Dioxins or furans
Pre-baked anode production
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
Pre-baked anode production
Group
1
—
Group 2,
3 or 4
—
Group
5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
Pre-baked anode production
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Aluminium—secondary production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
An activity or plant, including a smelting, refining or
holding furnace, except as listed below
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
An activity or plant, including a smelting, refining or
holding furnace
Group
1
2,500mg/m3
Group 2,
3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
300mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
A smelting or refining furnace
Group
1
100mg/m3
Group 2,
3, 4, 5 or 6
50mg/m3
Type 1 substances (in aggregate)
A smelting or refining furnace
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A smelting or refining furnace
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A smelting or refining furnace
Group 1,
2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A smelting or refining furnace
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A smelting or refining furnace
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
An activity or plant
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Cement or lime production or cement or lime
handling
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
A
kiln
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A kiln other than a lime kiln
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
500mg/m3
A lime kiln
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
400mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
A kiln fired on a liquid or solid standard fuel or a
non-standard fuel
Group
1
100mg/m3
Group 2,
3, 4, 5 or 6
50mg/m3
Type 1 substances (in aggregate)
A kiln fired on a non-standard fuel
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A kiln fired on a non-standard fuel
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A kiln fired on a non-standard fuel
Group 1,
2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A kiln fired on a non-standard fuel that contains precursors
of dioxin or furan formation
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A kiln fired on a non-standard fuel
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
A kiln
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Ceramic works
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
A
kiln or dryer
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A kiln or dryer
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
500mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
A kiln or dryer
Group
1
100mg/m3
Group 2,
3, 4, 5 or 6
50mg/m3
Hydrogen chloride (HCl)
An activity, other than the manufacture of glazed terracotta
roofing tiles
Group 1,
2, 3 or 4
400mg/m3
Group 5
or 6
100mg/m3
Manufacture of glazed terracotta roofing tiles
Group 1,
2, 3 or 4
—
Group 5
or 6
100mg/m3
Type 1 substances (in aggregate)
A kiln or dryer fired on a non-standard fuel
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A kiln or dryer fired on a non-standard fuel
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A kiln or dryer fired on a non-standard fuel
Group 1,
2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A kiln or dryer fired on a non-standard fuel that contains
precursors of dioxin or furan formation
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A kiln or dryer fired on a non-standard fuel
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
A kiln, other than those used for firing dark red
or dark brown face bricks formed by dry press brick machines
A dryer
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
A kiln used for firing dark red or dark brown face bricks
formed by dry press brick machines
Group
1
60%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Electricity generation
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
An activity or plant using a liquid or solid standard fuel or
a non-standard fuel
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A boiler operating on a fuel other than gas, including a
boiler used in connection with an electricity generator that forms part of an
electricity generating system with a capacity of 30MW or more
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
800mg/m3
Group
6
500mg/m3
A turbine operating on gas, being a turbine used in
connection with an electricity generating system with a capacity of 30MW or
more
Group 1,
2, 3 or 4
2,500mg/m3
Group 5
or 6
70mg/m3
A turbine operating on a fuel other than gas, being a turbine
used in connection with an electricity generating system with a capacity of
30MW or more
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
150mg/m3
Group
6
90mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
An activity or plant using a liquid or solid standard fuel or
a non-standard fuel
Group
1
100mg/m3
Group 2,
3, 4, 5 or 6
50mg/m3
Type 1 substances (in aggregate)
An activity or plant using a non-standard fuel
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
An activity or plant using a non-standard fuel
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
An activity or plant using a non-standard fuel
Group 1,
2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
An activity or plant using a non-standard fuel that contains
precursors of dioxin or furan formation
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
An activity or plant using a non-standard fuel
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
An activity or plant using a liquid or solid standard fuel or
a non-standard fuel
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Glass production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
A
melting furnace
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A melting furnace, except for the manufacture of glass using
sodium nitrate (NaNO3)
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
700mg/m3
A melting furnace for the manufacture of glass using sodium
nitrate (NaNO3).
Group 1,
2, 3, 4 or 5
4,000mg/m3
Group
6
1,500mg/m3
Type 1 substances (in aggregate)
A melting furnace
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A melting furnace
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A melting furnace
Group 1,
2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Smoke
A melting furnace
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Iron and steel—primary production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
Fuel burning equipment
Sinter plant
A kiln
Power-generating plant
A furnace
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
Fuel burning equipment
Sinter plant
A kiln
Power-generating plant
A furnace
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
500mg/m3
Hydrogen
sulfide (H2S)—see also section 53
Fuel burning equipment
Sinter plant
A kiln
Power-generating plant
A furnace
A reduction control system not followed by
combustion
Group 1,
2, 3, 4, 5 or 6
5mg/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
An activity or plant using a non-standard fuel
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Type 1 substances (in aggregate)
An activity or plant
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
An activity or plant
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
An activity or plant
Group
1
—
Group 2,
3 or 4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
Sinter plant
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Smoke
Fuel burning equipment
Sinter plant
A kiln
Power-generating plant
A furnace
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Iron and steel—secondary
production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
Fuel burning equipment
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials
handling activity
An electric arc furnace
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
An activity or plant, except an electric arc
furnace
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Type 1 substances (in aggregate)
A steelmaking furnace
Group 1,
2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A steelmaking furnace
Group 1,
2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A steelmaking furnace
Group
1
—
Group 2,
3 or 4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A steelmaking furnace
Group 1,
2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A steelmaking furnace
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
A steelmaking furnace
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2,
3, 4, 5 or 6—during a prescribed period
60%
opacity
Group 2,
3, 4, 5 or 6—otherwise
20%
opacity
Non-ferrous metals, excluding aluminium—primary
production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
Sinter plant
A smelting or refining process
An alloying or a casting process
Fuel burning equipment
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A smelting or refining process
An alloying or casting process
Sinter plant
Fuel burning equipment
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
An activity or plant using a non-standard fuel
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Type 1 substances (in aggregate)
A smelting or refining process
An alloying or a casting process
Sinter plant
Group
1, 2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A smelting or refining process
An alloying or a casting process
Sinter plant
Group
1, 2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A smelting or refining process
An alloying or a casting process
Sinter plant
Group
1, 2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
Sinter plant
Group
1, 2, 3, 4 or 5
—
Group
6
0.1ng/m3
Smoke
Sinter plant
A smelting or refining process
An alloying or a casting process
Fuel burning equipment
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group
2, 3, 4, 5 or 6—during a prescribed period
60%
opacity
Group
2, 3, 4, 5 or 6—otherwise
20%
opacity
Non-ferrous metals, excluding aluminium—secondary
production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
An activity or plant, except as listed below
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
An activity or plant
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
300mg/m3
Type 1 substances (in aggregate)
A smelting or refining process
Group
1, 2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A smelting or refining process
Group
1, 2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A smelting or refining process
Group
1, 2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A smelting or refining process
Group
1, 2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A smelting or refining process
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Smoke
An activity or plant
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group
2, 3, 4, 5 or 6—during a prescribed period
60%
opacity
Group
2, 3, 4, 5 or 6—otherwise
20%
opacity
Paper, paper pulp or pulp products
industries
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
A boiler used in connection with power
generation
A kraft recovery boiler
A lime kiln
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
A boiler used in connection with power
generation
A kraft recovery boiler
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
300mg/m3
A lime kiln
Group
1, 2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
400mg/m3
Hydrogen sulfide (H2S)—see also section
53
A kraft recovery boiler
A lime kiln
A digester system, if not followed by combustion
A brown stock washer system, if not followed by
combustion
A condensate stripper, if not followed by
combustion
Group
1, 2, 3, 4, 5 or 6
5mg/m3
Total reduced sulfides (TRS), as H2S
equivalent
A kraft recovery boiler
A lime kiln
A digester system, if not followed by combustion
A brown stock washer system, if not followed by
combustion
A condensate stripper, if not followed by
combustion
Group
1, 2, 3, 4 or 5
—
Group
6
4mg/m3
Type 1 substances (in aggregate)
A boiler used in connection with power generation
using a non-standard fuel
A lime kiln using a non-standard
fuel
Group
1, 2 or 3
20mg/m3
Group
4
10mg/m3
Group 5
or 6
—
Type 1 substances and Type 2 substances (in
aggregate)
A boiler used in connection with power generation
using a non-standard fuel
A lime kiln using a non-standard
fuel
Group
1, 2, 3 or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
A boiler used in connection with power generation
using a non-standard fuel
A lime kiln using a non-standard
fuel
Group
1, 2 or 3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
A kraft recovery boiler
A boiler used in connection with power generation using
a non-standard fuel that contains precursors of dioxin or furan
formation
A lime kiln using a non-standard fuel that contains
precursors of dioxin or furan formation
Group
1, 2, 3, 4 or 5
—
Group
6
0.1ng/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A boiler used in connection with power generation
using a non-standard fuel
A lime kiln using a non-standard
fuel
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
Methanol
A kraft recovery boiler
Group
1, 2, 3, 4 or 5
—
Group
6
0.012
kg/t of black liquor solids fired
Smoke
A lime kiln
A kraft recovery boiler
A boiler used in connection with power
generation
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group
2, 3, 4, 5 or 6—during a prescribed period
60%
opacity
Group
2, 3, 4, 5 or 6—otherwise
20%
opacity
Petrochemical production
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
An activity or plant, except as listed below
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A crushing, grinding, separating or materials handling
activity
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
Fuel burning equipment
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Hydrogen sulfide (H2S)—see also section
53
A reduction control system not followed by
combustion
Sulfur recovery plant
Group
1, 2, 3, 4, 5 or 6
5mg/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A thermal oxidation process
A catalytic oxidation process
Vapour incineration
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
A vapour recovery unit
A distillation process
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3
Smoke
An activity or plant using a liquid or solid standard fuel or
a non-standard fuel
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group
2, 3, 4, 5 or 6—during a prescribed period
60%
opacity
Group
2, 3, 4, 5 or 6—otherwise
20%
opacity
Petroleum refining
Air
impurity
Activity or plant
Standard of
concentration
Solid particles (Total)
Fuel burning equipment
A fluidised bed catalytic cracking unit
regenerator
Group
1
400mg/m3
Group 2,
3 or 4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
Fuel burning equipment
A fluidised bed catalytic cracking unit
regenerator
Group 1,
2, 3 or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
Hydrogen
sulfide (H2S)—see also section 53
A reduction control system not followed by
combustion
Sulfur recovery plant
Group 1,
2, 3, 4, 5 or 6
5mg/m3
Volatile organic compounds (VOCs), as n-propane
equivalent
A thermal oxidation process
A catalytic oxidation process
Vapour incineration
Group 1,
2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
A vapour recovery unit
A distillation process
Group
1, 2, 3, 4 or 5
—
Group
6
40mg/m3 VOCs
Smoke
Fuel burning equipment using a liquid or solid
standard fuel or a non-standard fuel
A fluidised bed catalytic cracking unit
regenerator
A boiler used in connection with power
generation
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group
2, 3, 4, 5 or 6—during a prescribed period
60%
opacity
Group
2, 3, 4, 5 or 6—otherwise
20%
opacity
Division 3General activities and plant
Note—
This Part applies only to an activity or plant
specified in this Part that is not covered by Division 1 or 2. See section
52(1)(c).
General standards of concentration
Air
impurity
Activity
or plant, excluding those referred to in Division 1 or 2
Standard of concentration
Solid
particles (Total)
An
activity or plant, except as listed below
Group
1
400mg/m3
Group 2, 3 or
4
250mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
Plant used for heating metals
Group
1
250mg/m3
Group 2, 3 or
4
200mg/m3
Group
5
100mg/m3
Group
6
50mg/m3
A
crushing, grinding, separating or materials handling activity
Group
1
400mg/m3
Group 2, 3 or
4
250mg/m3
Group
5
100mg/m3
Group
6
20mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or
both nitrogen dioxide and nitric oxide, as NO2
equivalent
An activity or plant, except boilers, gas turbines and
stationary reciprocating internal combustion engines listed
below
Group 1, 2, 3
or 4
2,500mg/m3
Group
5
2,000mg/m3
Group
6
350mg/m3
A boiler operating on gas
Group 1, 2, 3
or 4
2,500mg/m3
Group 5 or
6
350mg/m3
A boiler operating on a fuel other than gas, including a
boiler used in connection with an electricity generator that forms part of an
electricity generating system with a capacity of less than 30MW
Group 1, 2, 3
or 4
2,500mg/m3
Group 5 or
6
500mg/m3
A turbine operating on gas, being a turbine used in
connection with an electricity generating system with a capacity of less than
10MW
Group 1, 2, 3
or 4
2,500mg/m3
Group
5
90mg/m3
Group
6
70mg/m3
A turbine operating on gas, being a turbine used in
connection with an electricity generating system with a capacity of 10MW or
greater but less than 30MW
Group 1, 2, 3
or 4
2,500mg/m3
Group 5 or
6
70mg/m3
A turbine operating on a fuel other than gas, being a turbine
used in connection with an electricity generating system with a capacity of
less than 10MW
Group 1, 2, 3
or 4
2,500mg/m3
Group 5 or
6
90mg/m3
A turbine operating on a fuel other than gas, being a turbine
used in connection with an electricity generating system with a capacity of
10MW or greater but less than 30MW
Group 1, 2, 3
or 4
2,500mg/m3
Group
5
150mg/m3
Group
6
90mg/m3
Stationary reciprocating internal combustion
engines
Group 1, 2,
3, 4 or 5
—
Group
6
450mg/m3
Sulfur dioxide (SO2)
Sulfuric acid manufacture using elemental
sulfur
Group
1
5,600mg/m3
Group 2, 3, 4
or 5
2,800mg/m3
Group
6
1,000mg/m3
Sulfuric acid manufacture not using elemental
sulfur
Group 1, 2,
3, 4 or 5
7,200mg/m3
Group
6
1,000mg/m3
Sulfuric acid mist (H2SO4) or sulfur
trioxide (SO3) or both, as SO3 equivalent
An activity or plant
Group
1
200mg/m3
Group 2, 3,
4, 5 or 6
100mg/m3
Hydrogen
sulfide (H2S)—see also section 53
An activity
or plant
Group 1, 2,
3, 4, 5 or 6
5mg/m3
Fluorine (F2) and a compound containing fluorine,
as total fluoride (HF equivalent)
An activity or plant, other than the manufacture of aluminium
from alumina
Group
1
100mg/m3
Group 2, 3,
4, 5 or 6
50mg/m3
Chlorine
(Cl2)
An activity
or plant
Group 1, 2,
3, 4, 5 or 6
200mg/m3
Hydrogen chloride (HCl)
An activity, other than the manufacture of glazed terracotta
roofing tiles
Group 1, 2, 3
or 4
400mg/m3
Group 5 or
6
100mg/m3
Manufacture of glazed terracotta roofing tiles
Group 1, 2, 3
or 4
—
Group 5 or
6
100mg/m3
Type 1 substances (in aggregate)
An activity or plant
Group 1, 2 or
3
20mg/m3
Group
4
10mg/m3
Group 5 or
6
—
Type 1 substances and Type 2 substances (in
aggregate)
An activity or plant
Group 1, 2, 3
or 4
—
Group
5
5mg/m3
Group
6
1mg/m3
Cadmium (Cd) or mercury (Hg) individually
An activity or plant
Group 1, 2 or
3
—
Group
4
3mg/m3
Group
5
1mg/m3
Group
6
0.2mg/m3
Dioxins or furans
An activity or plant using a non-standard fuel that contains
precursors of dioxin or furan formation
Group 1, 2,
3, 4 or 5
—
Group
6
0.1ng/m3
An incinerator that processes waste
Group 1, 2, 3
or 4
—
Group 5 or
6
0.1ng/m3
Volatile organic compounds (VOCs), as
n-propane
An activity or plant involving combustion, except as listed
below
Group 1, 2,
3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
A stationary reciprocating internal combustion engine using a
gaseous fuel
Group 1, 2,
3, 4 or 5
—
Group
6
40mg/m3 VOCs or 125mg/m3
CO
A stationary reciprocating internal combustion engine using a
liquid fuel
Group 1, 2,
3, 4 or 5
—
Group
6
1,140mg/m3 VOCs or 5,880mg/m3
CO
Smoke
An activity or plant in connection with which solid fuel is
burnt
Group
1—during a prescribed period
60%
opacity
Group
1—otherwise
40%
opacity
Group 2, 3,
4, 5 or 6—during a prescribed period
60%
opacity
Group 2, 3,
4, 5 or 6—otherwise
20%
opacity
An activity
or plant in connection with which liquid or gaseous fuel is
burnt
Group 1, 2,
3, 4, 5 or 6
20%
opacity
Part 3Non-scheduled premises
Air
impurity
Activity or
plant
Group
Concentration
Solid
particles (Total)
An activity
or plant, except as listed below
Group A
400mg/m3
Group
B
250mg/m3
Group
C
100mg/m3
Smoke
An
activity or plant in which, or in connection with which, solid fuel is
burnt
Group
A
40%
opacity
Group B or
C
20%
opacity
An activity or plant
in connection with which liquid or gaseous fuel is burnt
Group A, B or
C
20%
opacity
An
activity or plant in connection with which solid fuel is burnt
Group A, in relation
to marine vessels or premises—during a prescribed period
60%
opacity
Group A, in relation
to marine vessels or premises—otherwise
40%
opacity
Group B or C, in
relation to marine vessels or premises—during a prescribed
period
60% opacity,
or
Group B or C, in
relation to marine vessels or premises—otherwise
20%
opacity
An
activity or plant in connection with which liquid or gaseous fuel is
burnt
Group A, B or C, in
relation to marine vessels or premises—during a prescribed
period
60%
opacity
Group A, B or C, in
relation to marine vessels or premises—otherwise
20%
opacity
Schedule 3Test methods,
averaging periods and reference conditions
section 56
Part 1Test methods
Division 1Scheduled premises
Test methods and monitoring methods
Air
impurity
Test
method
Monitoring method
Solid particles
(Total)
TM-15
Not
applicable
Nitrogen
dioxide (NO2) or nitric oxide (NO) or both, as NO2
equivalent
TM-11
CEM-2
Sulfur dioxide
(SO2)
TM-4
CEM-2
Hydrogen
sulfide (H2S)
TM-5
CEM-7
Total reduced
sulfides (TRS)
TM-33
CEM-5
Sulfuric acid
mist (H2SO4) or sulfur trioxide (SO3) or
both, as SO3 equivalent
TM-3
Not
applicable
Chlorine
(Cl2)
TM-7
Not
applicable
Hydrogen
chloride (HCl)
TM-8
Not
applicable
Fluorine
(F2) and a compound containing fluorine, as total fluoride (HF
equivalent), except where emitted from pot line roof vents at a primary
aluminium smelter while manufacturing aluminium from alumina
TM-9
Not
applicable
Hydrogen
fluoride (HF) emitted from pot line roof vents at a primary aluminium smelter
while manufacturing aluminium from alumina
TM-10
Not
applicable
Type 1
substances and Type 2 substances
TM-12, TM-13,
TM-14
Not
applicable
Cadmium (Cd)
or mercury (Hg)
TM-12, TM-13,
TM-14
Not
applicable
Dioxins or
furans
TM-18
Not
applicable
Carbon
monoxide (CO)
TM-32
CEM-4
Volatile
organic compounds, as n-propane equivalent
TM-34
CEM-8, CEM-9,
CEM-10
Methanol
TM-35
CEM-8, CEM-9,
CEM-10
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
Not
applicable
CEM-1
Smoke, if
determining whether standard for emission of smoke from flares has been
exceeded
TM-37
Not
applicable
Division 2Non-scheduled premises
Test methods and monitoring
methods
Air
impurity
Test
method
Monitoring method
Solid particles
(Total)
TM-15
Not
applicable
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
Not
applicable
CEM-1
Part 2Averaging periods
Division 1Scheduled premises
Averaging periods
Air
impurity
Averaging
period
Sulfuric acid mist (H2SO4)
or sulfur trioxide (SO3) or both, as SO3
equivalent
Fluorine (F2), and a compound containing
fluorine, as total fluoride (HF equivalent), except where emitted by a primary
aluminium smelter while manufacturing aluminium from alumina
Hydrogen Chloride (HCl)
Cadmium (Cd)
Dioxins or furans
Mercury (Hg)
Type 1 or Type 2 substances
Solid particles (Total)
1 hour, or the
minimum sampling period specified in the relevant test method referred to in
Part 1, Division 1, whichever is the greater
Nitrogen dioxide (NO2) or nitric oxide
(NO) or both, as NO2 equivalent
Sulfur dioxide (SO2)
Hydrogen sulfide (H2S)
Total reduced sulfides (TRS)
Chlorine (Cl2)
1 hour
block
Volatile organic compounds (VOCs), as n-propane
equivalent
Carbon monoxide (CO)
1 hour
rolling
Hydrogen fluoride (HF) emitted by a primary
aluminium smelter while manufacturing aluminium from alumina
Methanol
24
hours
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
6 minutes
rolling
Division 2Non-scheduled premises
Averaging periods
Air
impurity
Averaging
period
Solid particles
(Total)
1 hour, or the
minimum sampling period specified in the relevant test method referred to in
Part 1, Division 2, whichever is the greater
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
6 minutes
rolling
Part 3Reference conditions
Division 1Scheduled premises
Reference conditions relating to Group 1, 2, 3 or
4
Air
impurity
Activity
or plant
Reference
conditions
All air impurities,
except as listed below
An activity or
plant
Dry, 273K,
101.3kPa
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
An activity or
plant
Gas stream temperature above dew point
Path length corrected to stack exit diameter as per
CEM-1
Solid
particles (Total)
A boiler or
incinerator
Dry, 273K,
101.3kPa, 12% CO2
Reference conditions relating to Group 5 or
6
Air
impurity
Activity or plant
Reference conditions
All air impurities, except as listed below
An activity or
plant, except as listed below
Dry, 273K,
101.3kPa
Fuel
burning equipment using solid fuel
Dry,
273K, 101.3kPa, 7% O2
Fuel
burning equipment using gas or liquid fuel
Dry,
273K, 101.3kPa, 7% O2
A gas
turbine
Dry,
273K, 101.3kPa, 15% O2
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
An
activity or plant
Gas stream temperature above dew point
Path length corrected to stack exit diameter as per
CEM-1
Dioxins
or furans
An
incinerator that processes waste
Dry,
273K, 101.3kPa, 11% O2
Division 2Non-scheduled premises
Reference conditions relating to Group A
Air
impurity
Activity
or plant
Reference
conditions
Solid
particles (Total)
An activity or
plant, except as listed below
Dry, 273K,
101.3kPa
A boiler or an
incinerator
Dry, 273K,
101.3kPa, 12% CO2
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
An activity or
plant
Gas stream temperature above dew point
Path length corrected to stack exit diameter as per
CEM-1
Reference conditions relating to Group B or
C
Air
impurity
Activity or plant
Reference conditions
Solid particles (Total)
An activity or
plant, except as listed below
Dry, 273K,
101.3kPa
Fuel
burning equipment using solid fuel
Dry,
273K, 101.3kPa, 7% O2
Fuel
burning equipment using liquid or gaseous fuel
Dry,
273K, 101.3kPa, 7% O2
Smoke, if
determining whether a specified standard of concentration of opacity has been
exceeded
An
activity or plant
Gas stream temperature above dew point
Path length corrected to stack exit diameter as per
CEM-1
Schedule 4Amendment of
Protection of the Environment
Operations (General) Regulation 2022
[1]Section 156 Additional matters to be included in public
register—the Act, s 308
Omit section 156(c). Insert instead—
(c)
an approval granted by the authority under the
Protection of the Environment Operations (Clean Air)
Regulation 2022, section 11, 18, 53, 72, 77 or
162.
[2]Schedule 6 Penalty notice
offences
Omit the matter relating to the Protection of the Environment Operations (Clean Air)
Regulation 2021.
Insert instead—
Protection of the Environment
Operations (Clean Air) Regulation
2022
Column
1
Column
2
Column
3
Column
4
Provision
of Regulation
Officer
Penalty
Penalty
Section
6(1)
1, 2,
15
$500
$1,000
Section
7(1)
1, 2,
15
$500
$1,000
Section
9(1)
1, 2,
15
$500
$1,000
Section
10(1)
1, 2,
15
$500
$1,000
Section
12(1)
1, 2,
15
$500
$1,000
Section
21(1)
2, 4,
13
$300
$600
Section
38(1)
•
for a failure to comply with section 34(2),
definition of complying
exhaust pipe, paragraph (b)(ii)
2, 4,
13
$200
$400
•
otherwise
2, 4,
13
$300
$600
Section
39(1)
•
if a catalytic converter system or a particulate
filter fitted to the motor vehicle has been
impaired
2, 4,
13
$750
$1,500
•
otherwise
2, 4,
13
$300
$600
Section
67
2
$600
$1,200
Section
68
2
$600
$1,200
Section
69
2
$600
$1,200
Section
70
2
$600
$1,200
Section
76(1)
2
$600
$1,200
Section
95(1)
2
$600
$1,200
Section
104(1)
2
$600
$1,200
Section
110(2)
2
$600
$1,200
Section
111
2
$600
$1,200
Section
112
2
$600
$1,200
Section
113
2
$600
$1,200
Section
116(1)
2
$750
$1,500
Section
116(2)
2
$750
$1,500
Section
122
2
$750
$1,500
Section
126(1)
2
$300
$600
Section
131(1)
1,
2
$600
$1,200
Section
134(1)
1,
2
$600
$1,200
Section
134(2)
1,
2
$600
$1,200
Section
137(1)
1,
2
$600
$1,200
Section
138(1)
1,
2
$600
$1,200
Section
141(1)
1,
2
$600
$1,200
Section
149(1)
1,
2
$600
$1,200
Section
150(1)
1,
2
$600
$1,200
Section
151(1)
1,
2
$600
$1,200
Section
151(2)
1,
2
$600
$1,200
Section
151(3)
1,
2
$600
$1,200
Section
151(4)
1,
2
$600
$1,200
Section
152(1)
1,
2
$600
$1,200
Section
153(1)
1,
2
$600
$1,200
Section
156
2
$300
—
Section
157
2
$300
—
Section
159(1)
2
$600
$1,200
Section
159(2)
2
$600
$1,200
Dictionary
section 3
In this Regulation—
Approved
Methods (Modelling and Assessment) Publication means the
document entitled Approved
Methods for the Modelling and Assessment of Air Pollutants in New South
Wales prepared by the EPA and published in the Gazette, as
in force from time to time.
Approved Methods
(Sampling and Analysis) Publication means the document
entitled Approved methods for the
sampling and analysis of air pollutants in New South
Wales prepared by the EPA and published in the Gazette, as
in force from time to time.
ASTM D5453, for Part
9—see section 158.
Australian Design Rule
means a national road vehicle standard under the Road Vehicle Standards
Act 2018 of the Commonwealth, section 12 as in force from
time to time.
blend, in relation to petrol, for Part
8, Division 1—see section 114.
CEM, together with a number, means a
monitoring method of that number prescribed by the Approved Methods (Sampling
and Analysis) Publication.
certificate of
compliance, for Part 2—see section
6(1)(b).
certificate of
exemption, for Part 2—see section 6(2).
commission something means to
bring it into operation for the first time following installation or
modification.
complying exhaust
pipe, for Part 4—see section 34.
decommission something means to
permanently abandon its operation or render it permanently
inoperable.
delivery tank means a tank
mounted on a tanker truck, but does not include the fuel tank that powers the
vehicle.
development
application has the same meaning as in the Environmental Planning and Assessment Act
1979.
development consent has
the same meaning as in the Environmental Planning
and Assessment Act 1979.
dioxin—see Schedule 2, section
1.
domestic solid fuel
heater, for Part 2—see section 5(1).
emission unit, for Part 5,
Division 1—see section 41.
EN 16321—1:2013, for
Part 8, Division 2, Subdivision 2—see section 129.
excessive air
impurities, for Part 4—see section 19.
existing petrol service
station, for Part 8, Division 2—see section
128.
fire fighting
authority has the same meaning as in the Rural Fires Act 1997.
furan—see Schedule 2, section
1.
Greater Metropolitan
Area means—
(a)
the Sydney Metropolitan Area,
and
(b)
the local government areas of City of Blue
Mountains, Central Coast, City of Cessnock, Kiama, City of Lake Macquarie,
City of Lithgow, City of Maitland, Mid-Western Regional, Muswellbrook, City of
Newcastle, Port Stephens, City of Shellharbour, City of Shoalhaven, Singleton,
Wingecarribee, Wollondilly and City of Wollongong.
heavy
vehicle has the same meaning as in the Heavy Vehicle
National Law (NSW).
high ethanol blended
petrol, for Part 8, Division 1—see section
114.
large loading
plant—see section 96.
large storage
tank—see section 78.
large tanker truck means a
vehicle having 1 or more delivery tanks with a total capacity of more than
12kL.
legacy condition, for
Part 5, Division 1—see section 41.
line includes hose or
pipe.
low volatility zone, for
Part 8, Division 1—see section 114.
model of a domestic solid fuel
heater, for Part 2—see section 4.
monitoring method means a
continuous emissions monitoring method prescribed by the Approved Methods
(Sampling and Analysis) Publication.
monthly volumetric
average vapour pressure, of petrol, for Part 8, Division 1,
Subdivision 3—see section 121.
next scheduled
maintenance, for a large storage tank, for Part 6, Division
2—see section 78.
non-scheduled premises
means premises, other than scheduled premises, at which an activity is carried
on or plant is operated.
non-standard fuel, for
Schedule 2—see Schedule 2, section 1.
normal operation for plant
means the plant is operating at a constant rate, whether or not it is
operating at full capacity.
operate—
(a)
for a petrol dispenser, for Part 8, Division 2,
Subdivision 2—see section 129, or
(b)
for a petrol storage tank, for Part 8, Division
2, Subdivision 3—see section 139.
Ordinance, for Part 8,
Division 2, Subdivision 2—see section 129.
petrol has the same meaning as in the
Act, section 154.
petrol dispenser, for
Part 8, Division 2—see section 127.
petrol service
station, for Part 8, Division 2—see section
127.
petrol supplier, for Part 8,
Division 1—see section 114.
prescribed blended
petrol, for Part 8, Division 1—see section
114.
prescribed equipment
upgrade, for a large storage tank, for Part 6, Division
2—see section 78.
prescribed event, for a
large storage tank, for Part 6, Division 2—see section
78.
prescribed period—see
section 63.
principal toxic air
pollutant—see Schedule 2, section 1.
qualified person, in
relation to an activity, for Part 8, Division 2—see section
127.
refine, in relation to petrol, for
Part 8, Division 1—see section 114.
registered, for a motor
vehicle, for Part 4—see section 19.
relevant averaging
period, in relation to an air impurity, for Part 5, Division
3—see section 56.
relevant reference
conditions, in relation to an air impurity emitted from an
activity or plant, for Part 5, Division 3—see section 56.
relevant standards
authority, for Part 8, Division 2, Subdivision 3—see
section 139.
relevant test method
or relevant monitoring
method, in relation to an air impurity, for Part 5, Division
3—see section 56.
routine maintenance
includes repairs that are done in the course of routine
maintenance.
scheduled premises means
premises at which a scheduled activity is carried on.
small storage
tank—see section 89.
Standard 4012, for Part
2—see section 4.
Standard 4013, for Part
2—see section 4.
standard fuel, for Schedule
2—see Schedule 2, section 1.
storage tank means a tank
situated on premises, but does not include the tank of a vehicle or
vessel.
summer means the period
commencing at the beginning of 1 November of a year and ending at the end of
31 March in the following year.
summer
month means November, December, January, February or
March.
supply, for Part 8, Division
1—see section 114.
Sydney Metropolitan
Area means the local government areas of Bayside, City of
Blacktown, Burwood, Camden, City of Campbelltown, Canada Bay,
Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of
Hawkesbury, Hornsby, Hunters Hill, Inner West, Ku-ring-gai, Lane Cove, City of
Liverpool, Mosman, North Sydney, Northern Beaches, City of Parramatta, City of
Penrith, City of Randwick, City of Ryde, Strathfield, Sutherland Shire, City
of Sydney, The Hills Shire, Waverley, City of Willoughby and
Woollahra.
tank means a container, or an isolated
section of a container, used or designed to be used for the storage of
volatile organic liquid, but does not include anything designed—
(a)
to hold volatile organic liquid under pressure,
and
(b)
to prevent the emission of—
(i)
volatile organic liquid, or
(ii)
volatile organic liquid
vapour.
tanker
truck means a vehicle used or designed to be used for the
transport of volatile organic liquid from 1 tank to another, whether or not
the vehicle is moveable under its own power, but does not include a railway
vehicle.
test
method means a test method prescribed by the Approved
Methods (Sampling and Analysis) Publication.
the
Act means the Protection of the
Environment Operations Act 1997.
throughput, for Part 8,
Division 2—see section 127.
TM, together with a number, means a test
method of that number prescribed by the Approved Methods (Sampling and
Analysis) Publication.
Type 1 substance, for Schedule
2—see Schedule 2, section 1.
Type 2 substance, for Schedule
2—see Schedule 2, section 1.
unblended petrol, for Part 8,
Division 1—see section 114.
use, for a motor vehicle, for Part
4—see section 19.
vapour containment
integrity test, for Part 8, Division 2, Subdivisions 2 and
3—see section 132.
vapour pressure, of petrol,
for Part 8, Division 1—see section 115.
vapour recovery performance
test, for Part 8, Division 2, Subdivision 2—see
section 132.
VDI
4205, for Part 8, Division 2, Subdivision 2—see
section 129.
volatile organic compound
(VOC)—see Schedule 2, section 1.
volatile organic
liquid means an organic compound that exists as a liquid at
actual conditions of use or storage but not if the organic compound has a true
vapour pressure of less than or equal to 3.44
kilopascals
Historical notes
Table of amending instruments
Protection of the
Environment Operations (Clean Air) Regulation 2022 (811).
LW 16.12.2022. Date of commencement, 16.12.2022, sec 2.