Protection of the Environment Operations (Clean Air) Regulation 2010 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Protection of the Environment Operations (Clean Air) Regulation 2010.

2Commencement

This Regulation commences on 1 September 2010.

Note—

This Regulation replaces the Protection of the Environment Operations (Clean Air) Regulation 2002 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

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.

CEM, together with a number, means a monitoring method of that number prescribed by the Approved Methods (Sampling and Analysis) Publication.

Central Coast Metropolitan Area means the Central Coast local government area.

Greater Metropolitan Area means—

(a)
the Central Coast Metropolitan Area, and
(b)
the Newcastle Metropolitan Area, and
(c)
the Sydney Metropolitan Area—B, and
(d)
the Wollongong Metropolitan Area, and
(e)
the local government areas of City of Cessnock, Kiama, City of Lithgow, City of Maitland, Mid-Western Regional, Muswellbrook, Port Stephens, City of Shoalhaven and Singleton.

monitoring method means a continuous emissions monitoring method prescribed by the Approved Methods (Sampling and Analysis) Publication.

Newcastle Metropolitan Area means the local government areas of City of Lake Macquarie and City of Newcastle.

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, Hunter’s 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.

Sydney Metropolitan Area—B means the local government areas of Bayside, City of Blacktown, City of Blue Mountains, Burwood, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s 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, Wingecarribee, Wollondilly and Woollahra.

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.

TM, together with a number, means a test method of that number prescribed by the Approved Methods (Sampling and Analysis) Publication.

Wollongong Metropolitan Area means the local government areas of City of Shellharbour and City of Wollongong.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Domestic solid fuel heaters4Definitions

In this Part—

certificate of compliance, in relation to a heater, means—

(a)
in the case of a heater sold before 1 September 2019—a certificate issued by a body approved by the EPA and certifying that all heaters of that model—
- (i)
  comply with Standard 4012 and Standard 4013, and
- (ii)
  have an overall average efficiency of not less than 55% as tested and calculated in accordance with Standard 4012, and
- (iii)
  have an appliance particulate emission factor, as tested and calculated in accordance with Standard 4013, not greater than—
  - (A)
    2.5 g/kg (for heaters without catalytic combustors), or
  - (B)
    1.4 g/kg (for heaters with catalytic combustors), or
(b)
in the case of a heater sold on or after 1 September 2019—a certificate issued by a body approved by the EPA and certifying that all heaters of that model—
- (i)
  comply with Standard 4012 and Standard 4013, and
- (ii)
  have an overall average efficiency of not less than 60% as tested and calculated in accordance with Standard 4012, and
- (iii)
  have an appliance particulate emission factor, as tested and calculated in accordance with Standard 4013, not greater than—
  - (A)
    1.5 g/kg (for heaters without catalytic combustors), or
  - (B)
    0.8 g/kg (for heaters with catalytic combustors).

certificate of exemption means a certificate issued by a body approved by the EPA, being a certificate exempting all heaters of a particular model from compliance with Standard 4012 and Standard 4013.

heater means any solid fuel burning appliance that is designed, manufactured or adapted for domestic use.

model of heater means a particular design of heater made by a particular manufacturer.

Standard 4012 means the document entitled 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 the document entitled AS/NZS 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission, as in force from time to time.

5Application of Part(1)

This Part applies to heaters (including the wholesale and retail sale of heaters).

(2)

However, this Part does not apply to the sale or installation of heaters of the following kind—

(a)
a masonry appliance built on site,
(b)
a central heating appliance,
(c)
a cooking stove appliance,
(d)
an appliance intended for use solely for heating water,
(e)
an appliance intended for use solely for distributing heat through ducts,
(f)
a pellet heater.

(3)

In this clause—

central heating appliance means a heating appliance that is intended for space heating of premises by means of transferring heat to the living areas of the premises by ducted hot air, hot water or another fluid.

cooking stove appliance means a solid fuel burning appliance—

(a)
that has at least one cooking hot plate, and
(b)
that has an oven with a volume of not less than 28 litres, and
(c)
around which gaseous combustion products are capable of being routed.

pellet heater means a domestic, automatic, continuous feed, pellet fuel burning appliance that is designed and manufactured to burn compressed wood or biomass pellets.

6Requirement for certificates of compliance when heaters are sold(1)

A person must not sell a heater to any other person unless—

(a)
the heater is marked in accordance with Standard 4012 and Standard 4013, and
(b)
a certificate of compliance is in force in relation to heaters of the same model as that heater, and
(c)
in the case of a sale to a person whose business includes the wholesale or retail sale of heaters—a copy of the certificate of compliance has been given to the purchaser.

Maximum penalty—200 penalty units (in the case of a corporation) or 100 penalty units (in the case of an individual).

(2)

This clause does not apply to a heater of a model for which a certificate of exemption is in force.

7Interference with heaters(1)

A person must not—

(a)
alter the structure, exhaust system or inlet air system of any heater of a model that is the subject of a certificate of compliance or certificate of exemption, or
(b)
mark on a heater that it complies with Standard 4012 or Standard 4013, or both, if the heater is not of a model that is the subject of a certificate of compliance.

Maximum penalty—200 penalty units (in the case of a corporation) or 100 penalty units (in the case of an individual).

(2)

This clause extends to any person who causes or permits the doing of a thing that is prohibited under this clause.

(3)

Nothing in this clause makes it an offence for a person to carry out any repair work on any heater (including repairs or alterations in accordance with a notice under section 96 of the Act).

Part 3Control of burningDivision 1Preliminary8Definitions

In this Part—

approval means an approval in force under Division 3.

domestic waste means waste (other than vegetation) that is of a kind and quantity ordinarily generated on domestic premises.

domestic waste management services has the same meaning as it has 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.

9Application of Part

This Part does not apply to or in respect of the following—

(a)
the carrying out of emergency bush fire hazard reduction work (within the meaning of the Rural Fires Act 1997),
(b)
the destruction, by means of burning, of any prohibited plant or prohibited drug under the Drug Misuse and Trafficking Act 1985,
(c)
the destruction, by means of burning, of an animal that has died, or is reasonably suspected to have died, as the result of a disease (within the meaning of the Biosecurity Act 2015) by a person who—
- (i)
  is an authorised officer exercising functions under that Act, or
- (ii)
  is acting as authorised or required by an emergency order, control order, biosecurity zone regulation, biosecurity direction or biosecurity undertaking under that Act or by the mandatory measures under that Act.

Note—

In addition to section 133 of the Act (which allows the EPA to prohibit the burning of fires in the open or in incinerators) and the prohibitions imposed by this Part, other legislative controls exist in relation to the lighting of fires (for example, see the Rural Fires Act 1997, the Native Vegetation Act 2003 and the Threatened Species Conservation Act 1995).

Division 2Control of burning generally10General obligation to prevent or minimise air pollution(1)

A person who burns anything in the open or in an incinerator must do so by such practicable means as are necessary to prevent or minimise air pollution.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(2)

Without limiting subclause (1), the means of preventing or minimising air pollution may include the following—

(a)
taking into account the potential for smoke impacting on any person having regard to—
- (i)
  wind direction, and
- (ii)
  weather conditions, and
- (iii)
  the length of time that the material being burnt is likely to burn,
(b)
taking reasonable measures to ensure that the material being burnt is not wet,
(c)
burning only material that is suitable for disposal by burning, having regard to possible effects on human health and the environment.

11Prohibition on burning certain articles(1)

A person must not burn a prohibited article—

(a)
in the open, or
(b)
in an incinerator that is not authorised or controlled by a licence under the Act.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(2)

It is not an offence under this clause to burn a tyre for the purposes of the giving of instruction in methods of fire fighting by an officer or member of a fire fighting authority (within the meaning of the Rural Fires Act 1997), or by a fire control officer (within the meaning of the Rural Fires Act 1997), when acting in his or her official capacity.

(3)

The EPA may, by written notice given to a public authority, exempt the public authority from the operation of subclause (1).

(4)

The EPA may grant such an exemption only in relation to the burning of prohibited articles in the course of any of 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 undertaken to certify that manufactured or imported products comply with Australian Standards or International Standards or meet any legislative requirements placed on them.

(5)

An exemption—

(a)
is subject to any conditions that may be specified in the written notice by which it is granted, and
(b)
may be amended or revoked by means of a further written notice given to the public authority, and
(c)
unless sooner revoked by the EPA, remains in force—
- (i)
  for a period of 12 months from the date it is granted, or
- (ii)
  for such other period as is specified in the written notice by which it is granted, and
(d)
extends to apply to any person acting at the direction of the public authority to which it is granted.

(6)

In this clause, prohibited article means any of the following—

(a)
tyres,
(b)
coated wire,
(c)
paint containers and residues,
(d)
solvent containers and residues,
(e)
timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP).

Division 3Control of burning in local government areas12Offences(1)

A person must not burn anything—

(a)
in the open, or
(b)
in an incinerator,

in a local government area specified in Part 1 of Schedule 8 except in accordance with an approval.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(2)

A person must not burn any vegetation—

(a)
in the open, or
(b)
in an incinerator,

in a local government area specified in Part 2 of Schedule 8 except in accordance with an approval.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(3)

A person must not burn anything (other than vegetation)—

(a)
in the open, or
(b)
in an incinerator,

in a local government area specified in Part 3 of Schedule 8 except in accordance with an approval.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(4)

It is not an offence under this clause—

(a)
to cook or barbecue in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or other similar outdoor activities, so long as only dry seasoned wood, liquid petroleum gas (LPG), natural gas or proprietary barbecue fuel (including a small quantity of fire starter) is used, or
(b)
to burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew, including—
- (i)
  the burning of vegetation for the purposes of clearing (other than for construction), 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, or
(c)
to burn anything for the purposes of the giving of instruction in methods of fire fighting by any of the following persons when acting in his or her official capacity—
- (i)
  an officer or member of a fire fighting authority (within the meaning of the Rural Fires Act 1997),
- (ii)
  a fire control officer (within the meaning of the Rural Fires Act 1997),
- (iii)
  an industrial fire control officer, or
(d)
to burn anything under the authority of, and in accordance with, a bush fire hazard reduction certificate issued under the Rural Fires Act 1997, or
(e)
to burn anything in an incinerator that is authorised or controlled by a licence under the Act, or
(f)
to burn anything in an incinerator that—
- (i)
  is equipped with a primary and secondary furnace, and
- (ii)
  is designed, maintained and operated in a manner 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)
  is 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)
  is not installed in a residential building comprising home units, flats or apartments, or
(g)
to burn air impurities by the process known as flaring if the flare is designed, maintained and operated so as to prevent or minimise air pollution.
Note—
See clause 49 (a) for an operating requirement for flares.

(5)

It is not an offence under subclause (3) to burn domestic waste on residential premises in a local government area specified in Part 3 of Schedule 8, being premises on which the waste was generated, if domestic waste management services are not available to those premises.

13Approval for certain fires or incineratorsNote—

An approval may be granted so as to permit burning in circumstances where it would otherwise be prohibited under this Division.

However, burning may still be prohibited by an order of the EPA under section 133 of the Act or by an order under the Rural Fires Act 1997.

(1)

The EPA may grant an approval for the purposes of this Part—

(a)
to any class of persons—by means of a notice published in the Gazette, or
(b)
to any particular person—by means of a written notice given to the person.

(2)

The council of a local government area specified in Part 2 of Schedule 8 may grant an approval for the purposes of this Part in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew in the local government area—

(a)
to any class of persons—by means of a notice published in the Gazette and in such other manner as the council is satisfied is likely to bring the notice to the attention of persons of that class, or
(b)
to any particular person—by means of a written notice given to the person.

(3)

Before granting an approval for the purposes of this Part, the EPA or local council concerned must take the following matters into consideration—

(a)
the impact on regional air quality and amenity,
(b)
the impact on local air quality and amenity,
(c)
the feasibility of re-use, recycling or other alternative means of disposal,
(d)
any opinions of the sector of the public likely to be affected by the proposed approval,
(e)
in the case of an approval under subclause (2) (a)—any opinions of the EPA in relation to the proposed approval.

(4)

An approval—

(a)
is subject to such conditions (if any) as are specified in the notice by which the approval is granted, and
(b)
may be amended or revoked by means of a notice given or published in the same way as the original notice granting the approval was given or published, and
(c)
remains in force for a period of 12 months (or such other period as is specified in, or implied by, the approval) from the date it is granted unless sooner revoked by the authority that granted it.

Part 4Motor vehicles and motor vehicle fuelsDivision 1Interpretation14Definitions

In this Part—

ADR or Australian Design Rule means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force from time to time.

complying exhaust pipe—see clause 18.

diesel engine means an engine that is designed to operate on automotive diesel fuel.

excessive air impurities has the same meaning as it has in Part 5.8 of the Act.

goods vehicle means a motor vehicle constructed primarily for the carriage of goods, but does not include a special purpose motor vehicle.

manufacturer’s gross vehicle mass, in relation to a vehicle, means the maximum loaded mass of the vehicle—

(a)
specified by the manufacturer, or
(b)
specified by the Roads and Traffic Authority 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.

motor bus means a passenger vehicle that seats more than 9 adult persons (including the driver).

motor cycle includes a motor tricycle and a motor cycle combination.

passenger vehicle means a motor vehicle constructed primarily for the carriage of persons, but does not include a motor cycle.

petrol has the same meaning as it has in Part 5.8 of the Act.

prescribed anti-pollution device has the same meaning as it has in Part 5.8 of the Act.

refine, in relation to petrol, includes refine crude petroleum or shale oil.

registered, in relation to a motor vehicle, means registered under the Road Transport (Vehicle Registration) Act 1997.

spark-ignition engine means an engine that is designed to operate on petrol, liquefied petroleum gas or compressed natural gas, being an engine that has its air-fuel mixture ignited by means of an electrical spark.

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, and includes—

(a)
a tractor, harvester, header, thresher, swather, baler, cuber, loader, digger, bulldozer, excavator, grader, scraper and roller, and
(b)
a mobile crane the engine of which is used for the purpose of both lifting loads and propelling the vehicle,

but does not include any vehicle constructed on a chassis of a type normally used in the construction of a goods vehicle.

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 above.

use, in relation to a motor vehicle, has the same meaning as in the Road Transport (Vehicle Registration) Act 1997.

Division 2Air impurities15Excessive air impurities(1)

This clause applies to motor vehicles propelled by a spark-ignition or diesel engine.

(2)

For the purposes of section 154 (2) (a) of the Act, a motor vehicle emits excessive air impurities if, when in operation, it emits air impurities in excess of such a standard of concentration that air impurities are visible for a continuous period of more than 10 seconds when determined in accordance with TM-31.

(3)

For the purposes of section 154 (2) (b) of the Act, a motor vehicle emits excessive air impurities if, when tested in accordance with TM-31, it emits air impurities in excess of an amount per test that results in air impurities being visible for a continuous period of more than 10 seconds.

16Motor vehicles emitting excessive air impurities(1)

An owner of a motor vehicle is guilty of an offence if the vehicle emits excessive air impurities while being used.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)

It is a defence to a prosecution for an offence under this clause if the owner proves that the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used.

(3)

It is a defence to a prosecution for an offence under this clause if the defendant proves that the motor vehicle—

(a)
was constructed or has been modified solely for use in motor racing or off-road motor sport, and
(b)
was not capable of being registered at all or, as a result of that construction or modification, was only capable of being registered conditionally, and
(c)
was only used in, or en route to or from, a motor racing or off-road motor sporting competition.

Division 3Prescribed anti-pollution devices17Prescribed anti-pollution devices

For the purposes of the definition of prescribed anti-pollution device in section 154 (1) of the Act, each of the following devices is prescribed as a device that is designed or intended to minimise air pollution caused by motor vehicles—

(a)
an evaporative emission control system—being a system of devices and equipment that is designed to trap the evaporative emissions from a motor vehicle’s fuel tank and fuel supply system and so restrict their release to the atmosphere,
(b)
a fuel supply system—being a system of devices and equipment that is designed—
- (i)
  to convey fuel to a direct injection engine, or
- (ii)
  to convey fuel to an engine’s air intake system, to mix the fuel with air and to convey the mixture of fuel and air into the engine,
(c)
an engine ignition system—being a system of devices and equipment that is designed to ignite the fuel, or the mixture of fuel and air, in a motor vehicle’s engine,
(d)
an engine management system—being a system of devices and equipment that is designed to control the operation of a motor vehicle’s fuel supply system and engine ignition system,
(e)
a smoke-limiting throttle control system—being a system of devices and equipment that is designed to limit the maximum rate at which fuel can go into a diesel-engined motor vehicle and so reduce the amount of smoke emitted by the motor vehicle while it is being accelerated,
(f)
an exhaust gas recirculation system—being a system of devices and equipment that is designed to convey exhaust gases from a spark ignition engine to the engine’s air intake system for the purpose of reducing the amount of oxygen in the mixture of air and fuel going into the engine and so reducing the amount of oxides of nitrogen emitted by the engine,
(g)
a catalytic converter system—being a system of devices and equipment that is designed to induce a catalytic reaction between the various exhaust gases that are emitted from a motor vehicle’s engine and so reduce the emission of air impurities by the motor vehicle,
(h)
a complying exhaust pipe.

18Fitting of certain anti-pollution devices to be compulsory

A motor vehicle that is propelled by a diesel engine and that has a manufacturer’s gross vehicle mass of more than 4.5 tonnes must be fitted with a complying exhaust pipe which means, for the purposes of this Regulation—

(a)
in the case of a motor vehicle for which, as at the date of its manufacture, an Australian Design Rule prescribed requirements with respect to the exhaust pipe to be fitted to it, a vertical exhaust pipe that complies with those requirements, or
(b)
in any other case, an exhaust pipe—
- (i)
  that terminates 150 millimetres or more above the highest part of the vehicle’s cab, and
- (ii)
  whose exhaust vent is directed upwards (within 30 degrees of the vertical) and away from the nearside of the vehicle.

19Complying exhaust pipe not required for certain vehicles

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 ADR 80/01, ADR 80/02 or any subsequent ADR that imposes emission limits no less stringent than ADR 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.

19AExemption from offence relating to sale of motor vehicles

A person who sells a motor vehicle is exempt from section 155 of the Act 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 that construction or modification, is only capable of being registered conditionally.

Note—

Section 160 (6) of the Act provides for a defence to a prosecution for the offence under section 155 where the motor vehicle concerned is a motor racing or off-road motor sporting vehicle that is not registrable under the Road Transport (Vehicle Registration) Act 1997.

Division 4Use and maintenance of motor vehicles20Maintenance of vehicles

For the purposes of section 159 of the Act, a motor vehicle that is required to have a complying exhaust pipe must be maintained so that the exhaust pipe is free of holes (other than holes necessary for the effective operation of the exhaust system).

21Use of motor vehicle requires anti-pollution device(1)

An owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, must ensure that each anti-pollution device that is required by this Regulation to be fitted to the motor vehicle is fitted to the motor vehicle in the required manner.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)

It is a defence to a prosecution for an offence under this clause if the defendant proves that, at the time the offence was committed—

(a)
the defendant had reasonable grounds to believe, and did believe, that the motor vehicle was fitted with every prescribed anti-pollution device required by this Regulation to be fitted to the motor vehicle, and
(b)
the defendant took all reasonable steps to ensure that every such device was fitted in the required manner.

(3)

(Repealed)

22Maintenance, service and adjustment of motor vehicles(1)

An owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, must ensure that the motor vehicle is serviced, maintained or adjusted as required by this Regulation.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)

It is a defence to a prosecution for an offence under this clause if the defendant proves that the defendant took all reasonable steps to ensure that the motor vehicle was serviced, maintained or adjusted as required by this Regulation.

23Removal or adjustment of anti-pollution devices(1)

The owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, must ensure that at the time of that use, any anti-pollution device that has been fitted to the motor vehicle has not been—

(a)
removed, disconnected or impaired, or
(b)
adjusted, or modified, in such a way as to result in the emission of excessive air impurities by the motor vehicle.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)

It is a defence to a prosecution for an offence under this clause if the defendant proves—

(a)
that the removal, disconnection, impairment, adjustment or modification was done in order to service, repair or replace the anti-pollution device or to improve its efficiency with respect to minimising air pollution, or
(a1)
that the removal, disconnection, impairment, adjustment or modification was done in order to facilitate the use of a motor vehicle for motor racing or off-road motor sport and the vehicle—
- (i)
  immediately before that removal or other action, was either not capable of being registered at all or (as a result of its construction, or prior modification, for use in motor racing or off-road motor sport) was only capable of being registered conditionally, and
- (ii)
  is to be used in that condition only in a competition, or en route to or from, a motor racing or off-road motor sporting competition, or
(b)
that, at the time the offence was committed—
- (i)
  the defendant had reasonable grounds to believe, and did believe, that any anti-pollution device that had been fitted to the motor vehicle continued to be fitted to the motor vehicle, and
- (ii)
  the defendant took all reasonable steps to ensure that the device was properly maintained.

(3)

In this clause, anti-pollution device means a prescribed anti-pollution device or any other device that is designed to minimise air pollution.

23AExemption from offence against section 157

A person is exempt from section 157 of the Act if—

(a)
the removal, disconnection, impairment, adjustment or modification of the motor vehicle concerned is done in order to facilitate the use of the vehicle for motor racing or off-road motor sport, and
(b)
immediately before the removal or other action (and as a result of its construction, or prior modification, for use in motor racing or off-road motor sport), the vehicle is only capable of being registered conditionally, and
(c)
the vehicle is to be used in that condition only in a competition, or en route to or from, a motor racing or off-road motor sporting competition.

Note—

Section 160 (3) (c) of the Act 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 registrable under the Road Transport (Vehicle Registration) Act 1997.

24Notices to repair motor vehicles

For the purposes of section 161 (5) and (7) of the Act, the prescribed label is a label in or to the effect of Form 1 in Schedule 1.

Division 5Transfer of petrol25Transfer of petrol into fuel tanks of motor vehicles(1)

This clause applies to all premises from which petrol is sold to the public.

(2)

The occupier of premises to which this clause applies must not, at those premises, transfer, or allow the transfer of, any petrol into a motor vehicle’s fuel tank except by means of a petrol delivery hose whose nozzle is fitted with an automatic over-fill protection device.

Maximum penalty—40 penalty units.

(3)

A person must not, at premises to which this clause applies, transfer petrol into the fuel tank of a motor vehicle by means of a petrol delivery hose unless the nozzle of the hose is inserted as far as it will go into the fuel tank’s fill-pipe.

Maximum penalty—8 penalty units.

(4)

In this clause, automatic over-fill protection device means a device—

(a)
that immediately cuts off the flow of petrol into the fuel tank when the tip of the nozzle becomes immersed in petrol, and
(b)
that is properly installed and efficiently maintained.

Division 6Petrol volatility26Definitions

In this Division—

base petrol means petrol that does not contain ethanol.

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 area consisting of the following local government areas—

•
Ashfield, Auburn, Bankstown City, Blacktown City, Blue Mountains City, Botany Bay City, Burwood, Camden, Campbelltown City, Canada Bay, Canterbury City, Cessnock City, Fairfield City, Gosford City, Hawkesbury City, Holroyd City, Hornsby, Hunter’s Hill, Hurstville City, Kiama, Kogarah, Ku-ring-gai, Lake Macquarie City, Lane Cove, Leichhardt, City of Lithgow, Liverpool City, Maitland City, Manly, Marrickville, Mosman, Muswellbrook, Newcastle City, North Sydney, Parramatta City, Penrith City, Pittwater, Port Stephens, Randwick City, Rockdale City, Ryde City, Shellharbour City, Shoalhaven City, Singleton, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Warringah, Waverley, Willoughby City, Wingecarribee, Wollondilly, Wollongong City, Woollahra, Wyong.

month, in relation to summer, includes each of the periods from 15 November to 30 November (inclusive) and 1 March to 15 March (inclusive).

monthly volumetric average vapour pressure of petrol means the monthly volumetric average vapour pressure of the petrol as calculated in accordance with clause 27.

petrol supplier means a person who 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 refines or blends petrol in this State.

prescribed blended petrol means petrol containing—

(a)
4 per cent or more of ethanol by volume but not more than 10 per cent of ethanol by volume, or
(b)
high ethanol blended petrol.

summer of a particular year means the period commencing on 15 November in that year and ending on 15 March (inclusive) in the following year.

vapour pressure of petrol means the volatility of the petrol at 37.8 degrees Celsius measured—

(a)
in accordance with ASTM D4953-06Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) as in force from time to time and as published by ATSM International, or
(b)
in accordance with such other method as the EPA may approve in writing in respect of petrol supplied by a particular petrol supplier (such approval may be made on application by the petrol supplier and the EPA may, by notice in writing given to the petrol supplier, revoke or vary any such approval).

27Monthly volumetric average vapour pressure(1)

For the purposes of this Division, monthly volumetric average vapour pressure of petrol supplied in a particular month of summer by a petrol supplier is to be calculated as follows—

(a)
a sample is to be taken from each batch of the petrol supplied in the month by the petrol supplier,
(b)
the vapour pressure of each sample taken is to 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 are to be added together and the resulting figure is the monthly volumetric average vapour pressure.

(2)

One test method only is to be used in measuring vapour pressure to calculate the monthly volumetric average vapour pressure for a particular month.

28Vapour pressure of petrol(1)

A petrol supplier must not supply petrol in the low volatility zone in any summer if the vapour pressure of the petrol is more than—

(a)
in the case of prescribed blended petrol (other than high ethanol blended petrol)—71 kPa, or
(b)
in the case of any other petrol—64 kPa.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)

A petrol supplier who imports petrol into this State, or refines petrol in this State, must ensure that the monthly volumetric average vapour pressure of so much of that petrol (other than blended petrol) as is supplied by the petrol supplier in the low volatility zone in a summer is not more than 62 kPa.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(3)

It is a defence to any proceedings against a person for an offence under subclause (1) if the defendant establishes that—

(a)
the petrol concerned was prescribed blended petrol, and
(b)
the defendant had reasonable grounds to believe, and did believe, that the vapour pressure of the base petrol used in the blended petrol complied with subclause (1) (b) based on documentation supplied to the defendant by the supplier of the base petrol, and
(c)
the defendant did not know, and had no reasonable grounds to suspect, that the documentation was false or misleading in a material respect.

(4)

It is a defence to any proceedings against a person for an offence under this clause if the defendant establishes that the petrol concerned—

(a)
was supplied by way of retail sale by the defendant 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.

(5)

It is a defence to any proceedings against a person for an offence under this clause if the defendant establishes that the petrol concerned was supplied solely for one of the following purposes and the defendant believed on reasonable grounds that the petrol would be used solely for that purpose—

(a)
use in a motor vehicle in a motor racing event conducted on a motor vehicle racing ground in respect of which a licence is in force under the Motor Vehicle Sports (Public Safety) Act 1985 or in a test of a motor vehicle for any such event,
(b)
use in a motor vehicle in a Homebush motor race authorised to be conducted under the Homebush Motor Racing (Sydney 400) Act 2008 or in a test of a motor vehicle for any such event,
(c)
the purpose of testing to determine the composition, quality or characteristics of the petrol.

(6)

A person is not guilty of an offence against subclause (1) or (2) in respect of any act or omission that was authorised or required by an order, proclamation, regulation or direction made or given under Part 6 of the Energy and Utilities Administration Act 1987.

(7)

If such an order, proclamation, regulation or direction is in force for part of a month in summer, it is taken, for the purposes of subclause (6) (in so far as it relates to an offence against subclause (2)), to have been in force for the whole of the month.

(8)

In this clause, petrol service station has the same meaning as it has in Part 6.

29Record keeping(1)

A petrol supplier who supplies petrol in the low volatility zone during summer must keep records in relation to that petrol, in accordance with this clause, for a period of at least 2 years.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(2)

The following records are to be kept in relation to petrol that is 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)
if the petrol was blended otherwise than in a tanker truck—
- (i)
  the volume of prescribed blended petrol in each batch, and
- (ii)
  the ethanol content by volume of each batch.

(3)

The following records are to be kept in relation to blended petrol that is not prescribed blended petrol—

(a)
if the petrol was blended in a tanker truck—
- (i)
  the vapour pressure of at least 4 samples of blended petrol taken each month from different tanker trucks on separate days and at regular intervals, and
- (ii)
  the date or dates on which the vapour pressure of the samples was tested, and
- (iii)
  the test method used to determine the vapour pressure of the blended petrol, and
- (iv)
  the volume of blended petrol contained in each tanker truck from which the samples of petrol were taken for testing, and
- (v)
  the volume of blended petrol contained in each tanker truck from which a sample was not taken for testing, and
- (vi)
  the ethanol content by volume of each tanker truck of petrol from which the samples were taken for testing,
(b)
if the petrol was blended otherwise than in a tanker truck—
- (i)
  the vapour pressure of a sample of blended petrol taken from each batch, and
- (ii)
  the date or dates on which the vapour pressure of the samples was tested, and
- (iii)
  the test method used to determine the vapour pressure of the blended petrol, and
- (iv)
  the volume of blended petrol in each batch, and
- (v)
  the ethanol content by volume of each batch.

(4)

The following records are to be kept in relation to petrol that is not blended—

(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.

(5)

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 subclause (4).

30Reporting(1)

A petrol supplier who supplies petrol in the low volatility zone during any month in summer must, within 14 days after the end of the month, provide a report to the EPA in a form approved by the EPA and containing the following information in relation to that petrol—

(a)
the monthly volumetric average vapour pressure of any petrol supplied in that month that was not blended petrol,
(b)
the maximum vapour pressure of any blended petrol that was not prescribed blended petrol, that was supplied in that month and from which samples were taken for the purposes of this Division,
(c)
the maximum vapour pressure of any petrol that was not blended petrol, that was supplied in that month and from which samples were taken under this Division,
(d)
the total volume of prescribed blended petrol (other than high ethanol blended petrol) supplied in that month,
(d1)
the total volume of high ethanol blended petrol supplied in that month,
(e)
the total volume of other blended petrol supplied in that month,
(f)
the total volume of petrol supplied in that month that was not blended petrol.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

(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 provide the information referred to in subclause (1) (a) and (f).

Part 5Air impurities emitted from activities and plantDivision 1Preliminary31Definitions(1)

In this Part, and in Schedules 2–7—

approved circumstances are defined by clause 41 (in relation to scheduled premises) and clause 46 (in relation to non-scheduled premises).

development application has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

dioxin means any 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).

emission unit means an item of plant that forms part of, or is attached to, some larger plant, being an item of plant that emits, treats or processes air impurities or controls the discharge of air impurities into the atmosphere.

furan means any 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).

Group, in relation to any activity or plant, means the Group to which the activity or plant belongs pursuant to its classification—

(a)
in relation to any activity or plant carried out or operated on scheduled premises, under Division 2, or
(b)
in relation to any activity or plant carried out or operated on non-scheduled premises, under Division 3.

non-scheduled premises means premises (other than scheduled premises) at which an activity is carried on or plant is operated.

non-standard fuel means any fuel other than a standard fuel.

principal toxic air pollutant means any one 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.

scheduled premises means premises at which a scheduled activity is carried on.

standard fuel means any unused and uncontaminated solid, liquid or gaseous fuel that is—

(a)
a coal or coal-derived fuel (other than any 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 any compound containing one or more of those elements.

Type 2 substance means the elements beryllium, chromium, cobalt, manganese, nickel, selenium, tin or vanadium or any compound containing one or more of those elements.

volatile organic compound (VOC) means any chemical compound that—

(a)
is based on carbon chains or rings, and
(b)
contains hydrogen, and
(c)
has a vapour pressure greater than 2mm of mercury (0.27 kPa) at 25°C and 101.3 kPa,

and includes any such compound containing oxygen, nitrogen or other elements, but does not include methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonate salts.

(2)

For the purposes of this Part, plant is in normal operation if it is operating at a constant rate, whether or not it is operating at full capacity.

(3)

Subject to clause 33 (4), any activity or plant that belongs to both Group 6 and another group is taken to belong to Group 6.

Division 2Standards for scheduled premises32General grouping of activities and plant(1)

Subject to this Division, an activity carried out, or plant operated, on scheduled premises—

(a)
belongs to Group 1 if—
- (i)
  it commenced to be carried on, or to operate, before 1 January 1972, or
- (ii)
  it commenced to be carried on, or to operate, on or after 1 January 1972 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made before 1 January 1972, or
(b)
belongs to Group 2 if it commenced to be carried on, or to operate, on or after 1 January 1972 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 January 1972 and before 1 July 1979, or
(c)
belongs to Group 3 if it commenced to be carried on, or to operate, on or after 1 July 1979 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 July 1979 and before 1 July 1986, or
(d)
belongs to Group 4 if it commenced to be carried on, or to operate, on or after 1 July 1986 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 July 1986 and before 1 August 1997, or
(e)
belongs to Group 5 if it commenced to be carried on, or to operate, on or after 1 August 1997 as a result of—
- (i)
  a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 August 1997 and before 1 July 1999, or
- (ii)
  an environment protection licence granted under the Protection of the Environment Operations Act 1997 pursuant to an application made on or after 1 July 1999 and before 1 September 2005, or
(f)
belongs to Group 6 if it commenced to be carried on, or to operate, on or after 1 September 2005, as a result of an environment protection licence granted under the Protection of the Environment Operations Act 1997 pursuant to an application made on or after 1 September 2005.

(2)

Any activity or plant that would, but for this subclause, belong to Group 6 is taken to belong to Group 5 if it is the subject of a development consent in respect of which the EPA had given general terms of approval (within the meaning of section 93 of the Environmental Planning and Assessment Act 1979) before 1 September 2005.

33Emission units taken to be in Group 6(1)

An emission unit is taken to belong to Group 6 if—

(a)
the emission unit is in Group 1, 2, 3, 4 or 5 and is altered as a result of—
- (i)
  the modification of development consent under section 96 (2) of the Environmental Planning and Assessment Act 1979 pursuant to an application made on or after 1 September 2005, or
- (ii)
  the variation of the licence for the plant, and
(b)
the effect of the alteration is that there is an increase in the emission of air impurities, or a change in the nature of the air impurities emitted or the intensity with which air impurities are emitted, from the plant of which the emission unit forms part, or to which it is attached.

(2)

If, in relation to plant operated in the Greater Metropolitan Area, an emission unit in Group 1, 2, 3, 4 or 5 is replaced, the replacement emission unit is taken to belong to Group 6.

(3)

An emission unit is not taken to belong to Group 6 by virtue of subclause (1) or (2) if the conditions of the licence for the activity or plant of which it forms part, or to which it is attached, state that it is taken to belong to Group 1, 2, 3, 4 or 5.

(4)

Plant that belongs to Group 1, 2, 3, 4 or 5 remains in that Group despite any alteration or replacement, as referred to in subclause (1) or (2), of an emission unit that forms part of, or is attached to, that plant.

34Phasing out of Group 1(1)

Any activity or plant that, immediately prior to 1 January 2008 belonged to Group 1 is taken to belong to Group 2.

(2)

An activity or plant is not taken to belong to Group 2 by virtue of subclause (1) if the conditions of the licence for the activity or plant state that it is taken to belong to Group 1.

(3)

An application for the variation of the conditions of a licence for the purpose of including a statement referred to in subclause (2)—

(a)
in the case of an application for the first such variation, must have been made on or before 1 January 2007, and
(b)
in the case of an application for any subsequent variation, must be made no later than 12 months before the date on which the current variation expires pursuant to subclause (4).

(4)

A variation of the conditions of a licence under this clause expires at the end of 5 years after the date on which notice of the variation is given to the holder of the licence under section 58 of the Act.

35Phasing out of Group 2(1)

On and from 1 January 2012, any activity or plant that, immediately prior to that date, belonged to Group 2 (including any activity or plant previously in Group 1) is taken to belong to Group 5.

(2)

An activity or plant is not taken to belong to Group 5 by virtue of subclause (1) if the conditions of the licence for the activity or plant state that it is taken to belong to Group 1 or 2.

(3)

An application for the variation of the conditions of a licence for the purpose of including a statement referred to in subclause (2) must be made—

(a)
in the case of an application for the first such variation, on or before 1 January 2011, and
(b)
in the case of an application for any subsequent variation, no later than 12 months before the date on which the current variation expires pursuant to subclause (4).

(4)

36Alternative standards imposed by licence conditions

An application for the variation of the conditions of a licence for any activity, plant or emission unit for the purpose of including a statement referred to in clause 33 (3), 34 (2) or 35 (2) is to be accompanied by a report containing each of the following—

(a)
particulars of the concentration or rates at which air impurities are emitted as a result of the carrying out of the activity or operation of the plant, based on sampling, analysis and monitoring carried out 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, in relation to—
- (i)
  the activity, plant or emission unit concerned, and
- (ii)
  any other activity carried on, or plant or emission unit operated, at the scheduled premises concerned,
(c)
details of any pollution reduction programs that have been established in relation to the activity, plant or emission unit,
(d)
details of any control equipment that has been installed in relation to the activity, plant or emission unit,
(e)
such other information as may be relevant to demonstrate the acceptability of impacts associated with the alternative standards arising from the proposed variation of conditions.

37Determination of application for variation of licence(1)

In determining an application to vary the conditions of a licence for any activity or plant for the purposes of clause 33, 34 or 35, the EPA must consider the impact on local and regional air quality and amenity of a decision to grant the application, having regard to—

(a)
any pollution reduction programs that have been established, or that the holder of the licence has agreed to establish, in relation to the activity or plant, and
(b)
any 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)
any load reduction agreement that has been entered into between the EPA and the applicant under Division 4 of Part 1 of Chapter 2 of the Protection of the Environment Operations (General) Regulation 2009, and
(d)
the principles of ecologically sustainable development set out in section 6 (2) of the Protection of the Environment Administration Act 1991, and
(e)
such other matters as are relevant.

(2)

A statement referred to in clause 33 (3), 34 (2) or 35 (2) that is included in the conditions of the licence for any activity, plant or emission unit pursuant to an application made in accordance with clause 36 may not state that the activity or plant belongs to a Group with a lower number than that of the Group to which the activity or plant previously belonged.

(3)

Nothing in this clause prevents the EPA, when granting an application to vary the conditions of a licence under this clause, from including other conditions in the licence, including conditions imposing more stringent standards of concentration than those applicable to the Group to which the activity or plant will belong as a consequence of the variation.

Note—

Refusal of an application to vary the conditions of a licence may be appealed under section 287 of the Act. In this regard, an application is taken to have been refused if it is not granted within 60 days after it is duly made.

38Prescribed standards of concentration for air impurities(1)

For the purposes of section 128 (1) of the Act, the prescribed standards of concentration for emissions of air impurities are—

(a)
in relation to any plant referred to in Schedule 2, the standards of concentration specified in that Schedule in relation to that plant, and
(b)
in relation to any activity or plant specified in Schedule 3 in respect of a particular purpose, the standards of concentration specified in Schedule 3 in relation to that activity or plant and that purpose, and
(c)
in relation to any activity or plant specified in Schedule 4 (other than those covered by Schedule 2 or 3), the standards of concentration specified in Schedule 4 in relation to that activity or plant.

(2)

For the purposes of this clause, a requirement in Schedule 2, 3 or 4 that a standard of concentration for volatile organic compounds or carbon monoxide be met is satisfied if either of those standards is met.

39Determining whether standards have been exceeded(1)

For the purpose of determining whether or not a standard of concentration prescribed by Schedule 2, 3 or 4 for an air impurity has been exceeded, the following procedures are to be applied—

(a)
a sampling or monitoring position is to be selected in accordance with—
- (i)
  TM-1, if the concentration is to be determined in accordance with the relevant test method, or
- (ii)
  CEM-1 (if measuring opacity) or CEM-2 (in any other case), if the concentration is to be determined in accordance with the relevant monitoring method,
(b)
the concentration of the air impurity is to be determined in accordance with the relevant test method, or relevant monitoring method, for the air impurity, using the relevant averaging period,
(c)
the concentration determined under paragraph (b) (otherwise than for smoke) is to be expressed by reference to the relevant reference conditions for the standard of concentration after determining the following—
- (i)
  the moisture content of the sample, determined in accordance with TM-22,
- (ii)
  the temperature and pressure at the sampling position, determined in accordance with TM-2,
- (iii)
  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,
- (iv)
  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,
(d)
the concentration determined under paragraph (b) for smoke (if determined as opacity) is to be expressed by reference to the relevant reference conditions for the standard of concentration.

(2)

For the purposes of this clause—

(a)
a reference to the relevant test method or relevant monitoring method, in relation to an air impurity, is a reference to the test method or monitoring method specified in Part 1 of Schedule 5 in relation to that air impurity, and
(b)
a reference to the relevant averaging period, in relation to an air impurity, is a reference to—
- (i)
  the averaging period specified in Part 2 of Schedule 5 in relation to that air impurity, or
- (ii)
  such other averaging period as may be specified in the conditions of the relevant licence, and
(c)
a reference to the relevant reference conditions, in relation to any air impurity emitted from an activity or plant, is a reference to—
- (i)
  the reference conditions specified in Part 3 of Schedule 5 in relation to that air impurity and that activity or plant, or
- (ii)
  such other reference conditions as may be specified in the conditions of the relevant licence.

40Dioxins and furans(1)

For the purpose of determining whether or not a standard of concentration prescribed by Schedule 2, 3 or 4 for dioxins or furans has been exceeded, the following procedures are to be applied in addition to the procedures set out in clause 39—

(a)
the unweighted concentration of each dioxin or furan is to 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 is to be multiplied by the toxic equivalence factor set out in the Table to this clause in respect of that dioxin or furan.

(2)

For the purposes of clause 38, the concentration of dioxins and furans is taken to be the sum of the amounts calculated under subclause (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)	0.0001
Furans
2,3,7,8 tetrachlorodibenzofuran (TCDF)	0.1
1,2,3,7,8 pentachlorodibenzofuran (PeCDF)	0.05
2,3,4,7,8 pentachlorodibenzofuran (PeCDF)	0.5
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)	0.0001

41Approved circumstances in relation to smoke emissions(1)

For the purposes of Schedules 2, 3 and 4 (otherwise than in relation to ceramic works referred to in Schedule 3), the approved circumstances, in relation to the emission of smoke from any activity or plant in Group 1, are—

(a)
that the smoke is emitted—
- (i)
  for a period of no more than 20 minutes per 24 hours, after lighting a boiler or incinerator from cold, being the period during which the boiler or incinerator is brought up to normal operation, or
- (ii)
  in the case of a boiler burning up to 1 tonne of fuel per hour (unless subparagraph (i) applies)—for a period of no more than 10 minutes per 8 hours, or
- (iii)
  in the case of a boiler burning more than 1 tonne but less than 5 tonnes of fuel per hour (unless subparagraph (i) applies)—for a period of no more than 20 minutes per 8 hours, and
(b)
that all practicable means are employed to prevent or minimise the emission of smoke during that period.

(2)

For the purposes of Schedule 3 (in relation to ceramic works referred to in that Schedule), the approved circumstances, in relation to the emission of smoke from any activity or plant in Group 1, are—

(a)
that the smoke is emitted for a period of no more than 10 minutes per hour, and
(b)
that all practicable means are employed to prevent or minimise the emission of smoke during that period.

(3)

For the purposes of Schedules 2, 3 and 4, the approved circumstances, in relation to the emission of smoke from any activity or plant in Group 2, 3, 4, 5 or 6, are—

(a)
that smoke is emitted, as a result of blowing soot from a boiler, for a period of no more than 10 minutes per 8 hours, and
(b)
that all practicable means are employed to prevent or minimise the emission of smoke during that period.

42Alternative 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)

If an occupier has been granted such an approval, and the occupier complies with the alternative standard of concentration and any other conditions specified in the approval, the occupier is exempt from the operation of section 128 of the Act, in so far as that section relates to the emission of hydrogen sulfide.

(3)

Before granting an approval under this clause the EPA—

(a)
must take into consideration the impact of the approval on local and regional air quality and amenity, and
(b)
must be satisfied that it is not practicable for the occupier to comply with the standards prescribed by clause 38 by implementing operational changes to plant or practices, and
(c)
must 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)

The EPA is to grant an approval under this clause by means of a written notice given to the occupier.

(5)

An approval under this clause—

(a)
is subject to any conditions that may be specified in the approval (including the method of measuring the concentration of hydrogen sulfide emissions), and
(b)
may be amended or revoked by the EPA by means of a written notice given to the occupier.

Division 3Standards for non-scheduled premises43Grouping of activities and plant(1)

Subject to subclause (2), an activity carried out, or plant operated, on non-scheduled premises—

(a)
belongs to Group A if—
- (i)
  it commenced to be carried on, or to operate, before 1 August 1997, or
- (ii)
  it commenced to be carried on, or to operate, on or after 1 August 1997 as a result of development consent granted pursuant to a development application made before 1 August 1997, or
(b)
belongs to Group B if it commenced to be carried on, or to operate, on or after 1 August 1997 as a result of development consent granted pursuant to a development application made on or after 1 August 1997 and before 1 September 2005, or
(c)
belongs to Group C if it commenced to be carried on, or to operate, on or after 1 September 2005 as a result of development consent granted pursuant to a development application made on or after 1 September 2005.

(2)

If, in relation to plant operated in the Greater Metropolitan Area, an emission unit in Group A or B is replaced, the replacement emission unit is taken to belong to Group C.

44Prescribed standards of concentration for air impurities

For the purposes of section 128 (1) of the Act, the prescribed standards of concentration for the emission of air impurities in relation to any activity carried on, or plant operated, at non-scheduled premises are as set out in Schedule 6.

45Determining if standards have been exceeded(1)

For the purpose of determining whether or not a standard of concentration prescribed by Schedule 6 for an air impurity has been exceeded, the following procedures are to be applied—

(a)
a sampling or monitoring position is to be selected in accordance with—
- (i)
  TM-1, if the concentration is to be determined in accordance with the relevant test method, or
- (ii)
  CEM-1 (if measuring opacity) or CEM-2 (in any other case), if the concentration is to be determined in accordance with the relevant monitoring method,
(b)
the concentration of the air impurity is to be determined in accordance with the relevant test method, or relevant monitoring method, for the air impurity, using the relevant averaging period,
(c)
the concentration determined under paragraph (b) (otherwise than for smoke) is to be expressed by reference to the relevant reference conditions for the standard of concentration after determining the following—
- (i)
  the moisture content of the sample, determined in accordance with TM-22,
- (ii)
  the temperature and pressure at the sampling position, determined in accordance with TM-2,
- (iii)
  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,
- (iv)
  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,
(d)
the concentration determined under paragraph (b) for smoke (if determined as opacity) is to be expressed by reference to the relevant reference conditions for the standard of concentration.

(2)

For the purposes of this clause—

(a)
a reference to the relevant test method or relevant monitoring method, in relation to an air impurity, is a reference to the test method or monitoring method specified in Part 1 of Schedule 7 in relation to that air impurity, and
(b)
a reference to the relevant averaging period, in relation to an air impurity, is a reference to the averaging period specified in Part 2 of Schedule 7 in relation to that air impurity, and
(c)
a reference to the relevant reference conditions, in relation to any air impurity emitted from an activity or plant, is a reference to the reference conditions specified in Part 3 of Schedule 7 in relation to that air impurity and that activity or plant.

46Approved circumstances in relation to smoke emissions(1)

For the purposes of Schedule 6, the approved circumstances for marine vessels are—

(a)
that the smoke is emitted from a marine vessel—
- (i)
  for the period the vessel is approaching, leaving or manoeuvring at a berth, or
- (ii)
  for a period of no more than 30 minutes per 24 hours, after lighting a boiler, being the period during which the boiler is brought up to normal operation, and
(b)
that all practicable means are employed to prevent or minimise the emission of smoke during that period.

(2)

For the purposes of Schedule 6, the approved circumstances for premises other than marine vessels are—

(a)
that the smoke is emitted from the premises—
- (i)
  for a period of no more than 20 minutes per 24 hours, after lighting a boiler or incinerator from cold, being the period during which the boiler or incinerator is brought up to normal operation, or
- (ii)
  for a period of no more than 10 minutes per 8 hours, as a result of blowing soot from a boiler, and
(b)
that all practicable means are employed to prevent or minimise the emission of smoke during that period.

Division 4Group 6 treatment plants47Definition

In this Division, Group 6 treatment plant means afterburners and other thermal treatment plant, flares and vapour recovery units and other non-thermal treatment plant that are in Group 6.

48Application of Division

This Division applies only in respect of Group 6 treatment plant.

49Operation of Group 6 treatment plant

An occupier of premises on which any Group 6 treatment plant is operated must ensure that—

(a)
any flare operated for the treatment of air impurities is operated in such a way that a flame is present at all times while air impurities are required to be treated, and
(b)
either or both of the following requirements relating to the operation of any such plant are complied with—
- (i)
  the requirements in clauses 50 and 51,
- (ii)
  the requirements in clause 52.

Maximum penalty—400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

50Residence time(1)

An afterburner, other than one that employs a catalytic control system, must be operated in such a way that the time between an air impurity entering and exiting the afterburner is—

(a)
more than 2 seconds if the air impurity originates from material containing any principal toxic air pollutant, or
(b)
more than 0.3 seconds in any other case.

(2)

An enclosed ground-level flare for the treatment of landfill gas must be operated in such a way that the time between landfill gas entering and exiting the flare is more than 0.6 seconds.

(3)

For the purposes of this clause, the time elapsing between an air impurity (including landfill gas) entering and exiting an afterburner or flare is to be calculated—

(a)
using the volumetric flow rate for the air impurity, as determined in accordance with TM-2 or CEM-6, and
(b)
using a 1 hour rolling averaging period.

51Combustion temperature(1)

An afterburner, other than one that employs a catalytic control system, must be operated in such a way that the temperature for the combustion of an air impurity by the afterburner is—

(a)
more than 980°C if the air impurity originates from material containing any principal toxic air pollutant, or
(b)
more than 760°C in any other case.

(2)

An enclosed ground-level flare for the treatment of landfill gas must be operated in such a way that the temperature for the combustion of landfill gas by the flare is more than 760°C.

(3)

A reference in this clause to the temperature for the combustion of an air impurity (including landfill gas) is a reference to that temperature as determined in accordance with TM-2, using a 1 hour rolling averaging period.

52Destruction efficiency(1)

Group 6 treatment plant (other than flares) must be operated in such a way that 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 any principal toxic air pollutant—more than 99.9999%, or
(b)
in any other case—more than 99.99%.

(2)

An enclosed ground-level flare for the treatment of landfill gas must be operated in such a way that the destruction efficiency of the flare, in relation to landfill gas entering the flare, is more than 98%.

(3)

A reference in this clause to the destruction efficiency of Group 6 treatment plant in relation to an air impurity (including landfill gas) is a reference to the destruction efficiency of the plant, in relation to the air impurity, calculated by 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 to 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 5Miscellaneous53Emission points(1)

For the purposes of section 128 (1) of the Act, the point at which the standard of concentration, or rate of emission, of air impurities resulting from the carrying on of any activity, or the operation of any plant, on any premises is not to be exceeded is a 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 any 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 any control equipment, the point immediately before the point where the air, gas or vapour is added.

(2)

In any case where there is more than one point of release applying in relation to any activity or plant, a reference in subclause (1) to the point of release is a reference to all of the points of release applying in relation to the activity or plant.

54Combination of air impurities from 2 or more sources(1)

This clause applies to an air impurity that is combined with any air impurity of the same kind, or with any other air, gas or vapour, from any other source on scheduled premises before being emitted.

(2)

For the purposes of section 128 (1) of the Act, the prescribed standard of concentration for the emission of an air impurity to which this clause applies is to be determined in accordance with TM-38.

(3)

Nothing in this clause 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 clause to a source is a reference to an activity or item of plant.

55Standards of concentration not to affect other controls

For the avoidance of doubt, this Part does not authorise the occupier of premises to carry on an activity, or operate any plant, in or on the premises in such a manner as to cause or permit the emission of air impurities in excess of those allowed by any other controls that apply in respect of the activity or plant (such as a licence or a development consent granted under the Environmental Planning and Assessment Act 1979).

56Exemptions relating to start-up and shutdown periods

The standards of concentration prescribed by this Part do not apply to or in relation to any 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.

Note—

While the standards prescribed by this Part do not apply, the occupier of the premises concerned will be subject to the requirements of section 128 (2) of the Act in relation to the prevention and minimisation of air pollution.

57Exemption relating to emission of smoke(1)

The EPA may, by written notice given to a public authority, exempt the public authority from the operation of section 128 of the Act and Divisions 2 and 3, in so far as those provisions relate to the emission of smoke.

(2)

The EPA may only grant such an exemption in relation to smoke emitted in the course of 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 undertaken to certify that manufactured or imported products comply with Australian Standards or International Standards or meet any legislative requirements placed on them.

(3)

Before granting an exemption under this clause, the EPA—

(a)
must take into consideration the impact of the exemption on local and regional air quality and amenity, and
(b)
must be satisfied that it is not practicable for the public authority to comply with the provisions referred to in subclause (1), in relation to the emission of smoke, by implementing operational changes to plant or practices.

(4)

An exemption under this clause—

(a)
is subject to any conditions that may be specified in the written notice by which it is granted, and
(b)
may be amended or revoked by means of a further written notice given to the public authority, and
(c)
unless sooner revoked by the EPA, remains in force—
- (i)
  for a period of 12 months from the date it is granted, or
- (ii)
  for any other period specified in the written notice by which it is granted, and
(d)
extends to apply to any person acting at the direction of the public authority to which it is granted.

57AExemption relating to emergency electricity generation

Emergency standby plant comprising a stationary reciprocating internal combustion engine for generating electricity is exempt from the air impurities standard for nitrogen dioxide and nitric oxide specified in Schedule 4 in relation to that plant if the plant is used for a total of not more than 200 hours per year.

58Limits on sulfur content of liquid fuel(1)

A person must not, anywhere in the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area, operate any fuel burning equipment with liquid fuel having a sulfur content of more than 0.5 per cent by weight, as measured in accordance with TM-6.

(2)

A person must not, anywhere outside the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area, operate any fuel burning equipment with liquid fuel having a sulfur content of more than 2.5 per cent by weight, as measured in accordance with TM-6.

(3)

This clause does not prevent a person from operating fuel burning equipment with liquid fuel having a sulfur content in excess of a limit imposed by subclause (1) or (2) in the following circumstances—

Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any 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	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any kiln or dryer fired on a non-standard fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Smoke	Any kiln (other than those used for firing dark red or dark brown face bricks formed by dry press brick machines) Any dryer	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity
Any kiln used for firing dark red or dark brown face bricks formed by dry press brick machines	Group 1	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Electricity generation
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any activity or plant using a liquid or solid standard fuel or a non-standard fuel	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any 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 30 MW or more	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	800 mg/m3
Group 6	500 mg/m3
Any turbine operating on gas, being a turbine used in connection with an electricity generating system with a capacity of 30 MW or more	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5 or 6	70 mg/m3
Any turbine operating on a fuel other than gas, being a turbine used in connection with an electricity generating system with a capacity of 30 MW or more	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	150 mg/m3
Group 6	90 mg/m3
Fluorine (F2) and any compound containing fluorine, as total fluoride (HF equivalent)	Any activity or plant using a liquid or solid standard fuel or a non-standard fuel	Group 1	100 mg/m3
Group 2, 3, 4, 5 or 6	50 mg/m3
Type 1 substances (in aggregate)	Any activity or plant using a non-standard fuel	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any activity or plant using a non-standard fuel	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any activity or plant using a non-standard fuel	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any 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	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any activity or plant using a non-standard fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Smoke	Any activity or plant using a liquid or solid standard fuel or a non-standard fuel	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Glass production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any melting furnace	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any melting furnace except manufacture of glass using sodium nitrate (NaNO3)	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	700 mg/m3
Any melting furnace for manufacture of glass using sodium nitrate (NaNO3).	Group 1, 2, 3, 4 or 5	4,000 mg/m3
Group 6	1,500 mg/m3
Type 1 substances (in aggregate)	Any melting furnace	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any melting furnace	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any melting furnace	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Smoke	Any melting furnace	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Iron and steel: primary production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any fuel burning equipment Any sinter plant Any kiln Any power-generating plant Any furnace	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any fuel burning equipment Any sinter plant Any kiln Any power-generating plant Any furnace	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	500 mg/m3
Hydrogen sulfide (H2S) (see also clause 42)	Any fuel burning equipment Any sinter plant Any kiln Any power-generating plant Any furnace Any reduction control system not followed by combustion	Group 1, 2, 3, 4, 5 or 6	5 mg/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any activity or plant using a non-standard fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Type 1 substances (in aggregate)	Any activity or plant	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any activity or plant	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any activity or plant	Group 1	—
Group 2, 3 or 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any sinter plant	Group 1, 2, 3, 4 or 5	—
Group 6	0.1 ng/m3
Smoke	Any fuel burning equipment Any sinter plant Any kiln Any power-generating plant Any furnace	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Iron and steel: secondary production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any fuel burning equipment	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity Any electric arc furnace	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any activity or plant except any electric arc furnace	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	350 mg/m3
Type 1 substances (in aggregate)	Any steelmaking furnace	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any steelmaking furnace	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any steelmaking furnace	Group 1	—
Group 2, 3 or 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any steelmaking furnace	Group 1, 2, 3, 4 or 5	—
Group 6	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any steelmaking furnace	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Smoke	Any steelmaking furnace	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Non-ferrous metals (excluding aluminium): primary production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any sinter plant Any smelting or refining process Any alloying or casting process Any fuel burning equipment	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any smelting or refining process Any alloying or casting process Any sinter plant Any fuel burning equipment	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	350 mg/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any activity or plant using a non-standard fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Type 1 substances (in aggregate)	Any smelting or refining process Any alloying or casting process Any sinter plant	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any smelting or refining process Any alloying or casting process Any sinter plant	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any smelting or refining process Any alloying or casting process Any sinter plant	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any sinter plant	Group 1, 2, 3, 4 or 5	—
Group 6	0.1 ng/m3
Smoke	Any sinter plant Any smelting or refining process Any alloying or casting process Any fuel burning equipment	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Non-ferrous metals (excluding aluminium): secondary production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any activity or plant (except as listed below)	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any activity or plant	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	300 mg/m3
Type 1 substances (in aggregate)	Any smelting or refining process	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any smelting or refining process	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any smelting or refining process	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any smelting or refining process	Group 1, 2, 3, 4 or 5	—
Group 6	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any smelting or refining process	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Smoke	Any activity or plant	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Paper, paper pulp or pulp products industries
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any boiler used in connection with power generation Any kraft recovery boiler Any lime kiln	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any boiler used in connection with power generation Any kraft recovery boiler	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	300 mg/m3
Any lime kiln	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	400 mg/m3
Hydrogen sulfide (H2S) (see also clause 42)	Any kraft recovery boiler Any lime kiln Any digester system, if not followed by combustion Any brown stock washer system, if not followed by combustion Any condensate stripper, if not followed by combustion	Group 1, 2, 3, 4, 5 or 6	5 mg/m3
Total reduced sulfides (TRS), as H2S equivalent	Any kraft recovery boiler Any lime kiln Any digester system, if not followed by combustion Any brown stock washer system, if not followed by combustion Any condensate stripper, if not followed by combustion	Group 1, 2, 3, 4 or 5	—
Group 6	4 mg/m3
Type 1 substances (in aggregate)	Any boiler used in connection with power generation using a non-standard fuel Any lime kiln using a non-standard fuel	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)	Any boiler used in connection with power generation using a non-standard fuel Any lime kiln using a non-standard fuel	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any boiler used in connection with power generation using a non-standard fuel Any lime kiln using a non-standard fuel	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any kraft recovery boiler Any boiler used in connection with power generation using a non-standard fuel that contains precursors of dioxin or furan formation Any lime kiln using a non-standard fuel that contains precursors of dioxin or furan formation	Group 1, 2, 3, 4 or 5	—
Group 6	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any boiler used in connection with power generation using a non-standard fuel Any lime kiln using a non-standard fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Methanol	Any kraft recovery boiler	Group 1, 2, 3, 4 or 5	—
Group 6	0.012 kg/t of black liquor solids fired
Smoke	Any lime kiln Any kraft recovery boiler Any boiler used in connection with power generation	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Petrochemical production
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any activity or plant (except as listed below)	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any fuel burning equipment	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	350 mg/m3
Hydrogen sulfide (H2S) (see also clause 42)	Any reduction control system not followed by combustion Any sulfur recovery plant	Group 1, 2, 3, 4, 5 or 6	5 mg/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any thermal oxidation process Any catalytic oxidation process Any vapour incineration	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Any vapour recovery unit Any distillation process	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3
Smoke	Any activity or plant using a liquid or solid standard fuel or a non-standard fuel	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Petroleum refining
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any fuel burning equipment Any fluidised bed catalytic cracking unit regenerator	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Nitrogen dioxide (NO2) or nitric oxide (NO) or both, as NO2 equivalent	Any fuel burning equipment Any fluidised bed catalytic cracking unit regenerator	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	350 mg/m3
Hydrogen sulfide (H2S) (see also clause 42)	Any reduction control system not followed by combustion Any sulfur recovery plant	Group 1, 2, 3, 4, 5 or 6	5 mg/m3
Volatile organic compounds (VOCs), as n-propane equivalent	Any thermal oxidation process Any catalytic oxidation process Any vapour incineration	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Any vapour recovery unit Any distillation process	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs
Smoke	Any fuel burning equipment using a liquid or solid standard fuel or a non-standard fuel Fluidised bed catalytic cracking unit regenerator Any boiler used in connection with power generation	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity

Schedule 4Standards of concentration for scheduled premises: general activities and plant

(Clause 38)

General standards of concentration
Air impurity	Activity or plant	Standard of concentration
Solid particles (Total)	Any activity or plant (except as listed below)	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any plant used for heating metals	Group 1	250 mg/m3
Group 2, 3 or 4	200 mg/m3
Group 5	100 mg/m3
Group 6	50 mg/m3
Any crushing, grinding, separating or materials handling activity	Group 1	400 mg/m3
Group 2, 3 or 4	250 mg/m3
Group 5	100 mg/m3
Group 6	20 mg/m3
Nitrogen dioxide (NO2) or Nitric oxide (NO) or both, as NO2 equivalent	Any activity or plant (except boilers, gas turbines and stationary reciprocating internal combustion engines listed below)	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	2,000 mg/m3
Group 6	350 mg/m3
Any boiler operating on gas	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5 or 6	350 mg/m3
Any 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 30 MW	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5 or 6	500 mg/m3
Any turbine operating on gas, being a turbine used in connection with an electricity generating system with a capacity of less than 10 MW	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	90 mg/m3
Group 6	70 mg/m3
Any turbine operating on gas, being a turbine used in connection with an electricity generating system with a capacity of 10 MW or greater but less than 30 MW	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5 or 6	70 mg/m3
Any 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 10 MW	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5 or 6	90 mg/m3
Any turbine operating on a fuel other than gas, being a turbine used in connection with an electricity generating system with a capacity of 10 MW or greater but less than 30 MW	Group 1, 2, 3 or 4	2,500 mg/m3
Group 5	150 mg/m3
Group 6	90 mg/m3
Stationary reciprocating internal combustion engines	Group 1, 2, 3, 4 or 5	—
Group 6	450 mg/m3
Sulfur dioxide (SO2)	Sulfuric acid manufacture using elemental sulfur	Group 1	5,600 mg/m3
Group 2, 3, 4 or 5	2,800 mg/m3
Group 6	1,000 mg/m3
Sulfuric acid manufacture using other than elemental sulfur	Group 1, 2, 3, 4 or 5	7,200 mg/m3
Group 6	1,000 mg/m3
Sulfuric acid mist (H2SO4) or sulfur trioxide (SO3) or both, as SO3 equivalent	Any activity or plant	Group 1	200 mg/m3
Group 2, 3, 4, 5 or 6	100 mg/m3
Hydrogen sulfide (H2S) (see also clause 42)	Any activity or plant	Group 1, 2, 3, 4, 5 or 6	5 mg/m3
Fluorine (F2) and any compound containing fluorine, as total fluoride (HF equivalent)	Any activity or plant, other than the manufacture of aluminium from alumina	Group 1	100 mg/m3
Group 2, 3, 4, 5 or 6	50 mg/m3
Chlorine (Cl2)	Any activity or plant	Group 1, 2, 3, 4, 5 or 6	200 mg/m3
Hydrogen chloride (HCl)	Any activity, other than the manufacture of glazed terracotta roofing tiles	Group 1, 2, 3 or 4	400 mg/m3
Group 5 or 6	100 mg/m3
Manufacture of glazed terracotta roofing tiles	Group 1, 2, 3 or 4	—
Group 5 or 6	100 mg/m3
Type 1 substances (in aggregate)	Any activity or plant	Group 1, 2 or 3	20 mg/m3
Group 4	10 mg/m3
Group 5 or 6	—
Type 1 substances and Type 2 substances (in aggregate)

Any activity or plant	Group 1, 2, 3 or 4	—
Group 5	5 mg/m3
Group 6	1 mg/m3
Cadmium (Cd) or mercury (Hg) individually	Any activity or plant	Group 1, 2 or 3	—
Group 4	3 mg/m3
Group 5	1 mg/m3
Group 6	0.2 mg/m3
Dioxins or furans	Any 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	0.1 ng/m3
Incinerator that processes waste	Group 1, 2, 3 or 4	—
Group 5 or 6	0.1 ng/m3
Volatile organic compounds (VOCs), as n-propane	Any activity or plant involving combustion (except as listed below)	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Any stationary reciprocating internal combustion engine using a gaseous fuel	Group 1, 2, 3, 4 or 5	—
Group 6	40 mg/m3 VOCs or 125 mg/m3 CO
Any stationary reciprocating internal combustion engine using a liquid fuel	Group 1, 2, 3, 4 or 5	—
Group 6	1140 mg/m3 VOCs or 5880 mg/m3 CO
Smoke	Any activity or plant in connection with which solid fuel is burnt	Group 1, in approved circumstances	Ringelmann 3 or 60% opacity
Group 1, in other circumstances	Ringelmann 2 or 40% opacity
Group 2, 3, 4, 5 or 6, in approved circumstances	Ringelmann 3 or 60% opacity
Group 2, 3, 4, 5 or 6, in other circumstances	Ringelmann 1 or 20% opacity
An activity or plant in connection with which liquid or gaseous fuel is burnt	Group 1, 2, 3, 4, 5 or 6	Ringelmann 1 or 20% opacity

Schedule 5Test methods, averaging periods and reference conditions for scheduled premises

(Clause 39)

Part 1Test methods

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) or any 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 and TM-14	Not applicable
Cadmium (Cd) or mercury	TM-12, TM-13 and 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 a specified Ringelmann standard has been exceeded)	TM-16	Not applicable
Smoke (if determining whether standard for emission of smoke from flares has been exceeded)	TM-37	Not applicable

Part 2Averaging periods

Averaging periods
Air impurity	Averaging period
Sulfuric acid mist (H2SO4) or sulfur trioxide (SO3) or both, as SO3 equivalent Fluorine (F2), or any 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, 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

Part 3Reference conditions

Reference conditions relating to Group 1, 2, 3 or 4
Air impurity	Activity or plant	Reference conditions
All air impurities (except as listed below)	Any activity or plant	Dry, 273 K, 101.3 kPa
Smoke (if determining whether a specified standard of concentration of opacity has been exceeded)	Any activity or plant	Gas stream temperature above dew point. Path length corrected to stack exit diameter as per CEM-1.
Solid particles (Total)	Boilers or incinerators	Dry, 273 K, 101.3 kPa, 12% CO2

Reference conditions relating to Group 5 or 6
Air impurity	Activity or plant	Reference conditions
All air impurities (except as listed below)	Any activity or plant (except as listed below)	Dry, 273 K, 101.3 kPa
Any fuel burning equipment using solid fuel	Dry, 273 K, 101.3 kPa, 7% O2
Any fuel burning equipment using gas or liquid fuel	Dry, 273 K, 101.3 kPa, 3% O2
Gas turbines	Dry, 273 K, 101.3 kPa, 15% O2
Smoke (if determining whether a specified standard of concentration of opacity has been exceeded)	Any activity or plant	Gas stream temperature above dew point. Path length corrected to stack exit diameter as per CEM-1.
Dioxins or furans	Incinerators that process waste	Dry, 273 K, 101.3kPa, 11% O2

Schedule 6Standards of concentration for non-scheduled premises

(Clause 44)

Air impurity	Activity or plant	Group	Concentration
Solid particles	Any activity or plant (except as listed below)	Group A	400 mg/m3
Group B	250 mg/m3
Group C	100 mg/m3
Smoke	Any activity or plant in which, or in connection with which, solid fuel is burnt	Group A	Ringelmann 2 or 40% opacity
Group B or C	Ringelmann 1 or 20% opacity
Any activity or plant in connection with which liquid or gaseous fuel is burnt	Group A, B or C	Ringelmann 1 or 20% opacity
Any activity or plant in connection with which solid fuel is burnt	Group A, in relation to marine vessels or premises, in approved circumstances	Ringelmann 3 or 60% opacity
Group A, in relation to marine vessels or premises, in other circumstances	Ringelmann 2 or 40% opacity
Group B or C, in relation to marine vessels or premises, in approved circumstances	Ringelmann 3 or 60% opacity, or
Group B or C, in relation to marine vessels or premises, in other circumstances	Ringelmann 1 or 20% opacity
Any 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, in approved circumstances	Ringelmann 3 or 60% opacity
Group A, B or C, in relation to marine vessels or premises, in other circumstances	Ringelmann 1 or 20% opacity

Schedule 7Test methods, averaging periods and reference conditions for non-scheduled premises

(Clause 45)

Part 1Test methods

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
Smoke (if determining whether a specified Ringelmann standard has been exceeded)	TM-16	Not applicable

Part 2Averaging periods

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, whichever is the greater
Smoke (if determining whether a specified standard of concentration of opacity has been exceeded)	6 minutes rolling

Part 3Reference conditions

Reference conditions relating to Group A
Air impurity	Activity or plant	Reference conditions
Solid particles (Total)	Any activity or plant (except as listed below)	Dry, 273 K, 101.3 kPa
Boilers or incinerators	Dry, 273 K, 101.3 kPa, 12% CO2
Smoke (if determining whether a specified standard of concentration of opacity has been exceeded)	Any 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)	Any activity or plant (except as listed below)	Dry, 273 K, 101.3 kPa
Fuel burning equipment using solid fuel	Dry, 273 K, 101.3 kPa, 7% O2
Fuel burning equipment using liquid or gaseous fuel	Dry, 273 K, 101.3 kPa, 3% O2
Smoke (if determining whether a specified standard of concentration of opacity has been exceeded)	Any activity or plant	Gas stream temperature above dew point. Path length corrected to stack exit diameter as per CEM-1.

Schedule 8Local government areas in which burning is prohibited

(Clauses 12 and 13 (2))

Part 1Areas in which all burning (including burning of vegetation and domestic waste) is prohibited except with approval

Bayside	Georges River	City of Randwick
City of Blacktown	Hunter’s 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	Woollahra
City of Fairfield	City of Parramatta	City of Wollongong

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 all burning (other than burning of vegetation) is prohibited except with approval or in relation to certain domestic waste

City of Albury	Gwydir	Oberon
Armidale Regional	City of Hawkesbury	Orange City
Ballina	Hay	City of Penrith
Balranald	Hilltops	Port Macquarie-Hastings
Bathurst Regional	Hornsby	Port Stephens
Bega Valley	Inverell	Queanbeyan-Palerang Regional
Bland	Junee	Richmond Valley
City of Blue Mountains	Kempsey	City of Shoalhaven
Bourke	Kiama	Snowy Monaro Regional
Brewarrina	Ku-ring-gai	Snowy Valleys
Central Coast	Kyogle	Tamworth Regional
City of Cessnock	City of Lake Macquarie	Temora
Clarence Valley	Leeton	The Hills Shire
Coffs Harbour City	Lismore City	Tweed
Coolamon	City of Lithgow	Upper Hunter Shire
Coonamble	Lockhart	Upper Lachlan Shire
Dubbo Regional	City of Maitland	Uralla
Dungog	Mid-Coast	Wagga Wagga City
Eurobodalla	Mid-Western Regional	Walcha
Federation	Murray River	Warren
Forbes	Muswellbrook	Warrumbungle Shire
Glen Innes Severn	Nambucca	Wentworth
Goulburn Mulwaree	Narrabri	Wingecarribee
Greater Hume Shire	Narrandera	Wollondilly
Gunnedah	Narromine	Yass Valley

Schedule 9

(Repealed)