1.         These Regulations may be cited as the Air Pollution Control (Licencing and Ermission Standards) Regulations, 1996, and shall come into effect on the expiration of a period of ninety days after publication in the Gazette.

2.         In these Regulations, unless the context otherwise requires -

"Council" means the Environmental  Council established by section three of the Act;

"emission" means the discharge into the atmosphere of pollutant from a specified source in solid, liquid or gaseous state;

"emission limit" means the limit, level, rate, amount or concentration of a given substance discharged in the air that must not be exceeded;

"imission" means pollutants in solid, liquid or gaseous state that are present in the air outside a plant on the surface of the ground, approximately one and a half metres above ground level;

"Inspectorate" means the Environmental Inspectorate established under section eighty-one of the Act;

"intermediate emission limit" means an emission limit that is lower of higher levels than the long term emission limit, but is in the interim acceptable to the Inspectorate;

"long term emission limit" means an emission limit that is the ultimate acceptable limit;

"licence" means a licence to emit air pollutants into the ambient air issued under these Regulations;

"operator" in relation to works, industry, undertaking or business means the person having the control of the works, undertaking or business;

Title and

commencement

Interpretation

Ambient air

quality guidelines

Long term

emission limits

Application

for licence to pollutants

emit air

Licence to emit air

 pollutants

"permit" means a temporary or intermediate permit to discharge air pollutants issued under regulations 8 and 9;

3.         (1)        The Council shall, in accordance with the guidelines set out in the First Schedule, assess the quality of ambient air in order to safeguard the general health, safety or welfare of persons, animal life, plant life or property affected by the workers, industrial or business activities undertaken by an operator.

4.         (1)        The long term emission limits shall be as set out in the Third Schedule.

            (2)        The long term emission limits shall:

(a)        apply to any new plant, undertaking or process that is emitting air pollutants; and

(b)        be complied with by an operator of any new plant, undertaking or process before a licence under regulation 6 is issued by the Inspectorate.

(3)       The Inspectorate may determine the period of time within which an operator of a plant, undertaking or process shall meet the long term emission limit.

5.         (1)        Any person who intends to erect or install a new industrial plant, undertaking or process which is likely to cause air pollution shall:-

(a)        register with the Inspectorate during the planning stages;

(b)        apply for a licence in Form AP1 set out in the Second Schedule; and

(c)        pay the appropriate fee set out in the Fourth Schedule.

            (2)        The application for a licence made under sub-regulation (1) shall be submitted to the Inspectorate at least six months prior to the commencement of new operations.

            (3)        Any person operating an existing plant, undertaking or process that conform to the long term emission limits shall:-

(a)        apply for a licence in Form AP1 set out in the Second Schedule; and

(b)        pay the appropriate fee set out in the Fourth Schedule.

            (4)        The application for a licence made under sub-section (3) shall be submitted to the Inspectorate within twelve months after the commencement of these regulations.

6.         (1)        The Inspectorate shall issue licence to discharge air pollutants in Form AP2 set out in the Second Schedule -

(a)        after taking into account details specified in section forty-five of the Act; and

(b)        if the Inspectorate has published its intention to issue the licence by notice in the Gazette, twenty-eight days before the issue of the licence.

(2)        The licence to discharge air pollutants shall:-

(a)        conform to the long-term emission limits set out in the Third Schedule; and

(b)        be subject to such other conditions as the Inspectorate may determine.

(3)        The Licence issued under sub -regulation (1) shall be valid for thirty-six months and may be renewed for a further period:

Provided that the Inspectorate may limit the validity of the licence for any period less  than thirty-six months  but not less than six months when necessary.

7.         (1)        Any person who intends to make a new extension to an existing plant, undertakings or process as described under section forty-four of the Act, which is likely to cause air pollution shall: -

(a)        notify the Inspectorate during the planning stages;

(b).       apply for a licence in Form AP5 as set out in the Second Schedule

(c)        pay the appropriate fee set out in the Fourth Schedule.

(2)        The application for a licence for a new sources of emissions shall be submitted to the Inspectorate at least six months prior to the commencement of operations.

8.         (1)        The Inspectorate shall issue a licence for a new source of emission in Form AP6 set out in the Second Schedule if:-

(a)        it is satisfied that the details set out in section forty-five of the Act have been met by the applicant; and

(b)        the new sources of emission conforms to the long-term emission limits set out in the Third Schedule.

2.         A licence issued under sub-regulation (1) shall be valid for thiry-six months and may be renewed for a further period:

Provided that the Inspectorate may limit the validity of the licence for any period less than thirty-six months but not less than six months when necessary.

Application for

licence for new

sources of

emissions

Licence for

new sources

of emissions

Intermediate

emission

limits

Application for permit to

emit air

pollutants

Permit to

emit air

pollutants

Period for

consideration

of licence or

permit

9.         (1)        The intermediate emission limits shall be determined by the Inspectorate on the basis of the details set out in sub-regulation (2) of regulation 11.

(2)        The intermediate emission limits specified under sub-regulation (1) shall apply to any existing plant, undertaking or process that commenced its activities before the commencement of these Regulations.

10.       An owner or operator of an industrial plant, undertaking or process who, before the commencemnet of these Regulations, is emitting air pollutants or whom the Inspectorate so requires, shall within twelve months from the commencement of these Regulations:-

(a)        apply for a permit in Form AP3 set out in the Second Schedule; and

(b)        pay the appropriate fee set out in Fourth Schedule.

11.       (1)        The Inspectorate shall issue a permit to discharge air pollutants in Form AP4 of the Second Schedule:-

(a)        after taking into account details set out section forty-five of the Act;

(b)        if the applicant undertakes to comply with conditions specified under sub-regulation (2); and

(c)        if the Inspectorate has published its intention to issue the permit by notice in the Gazette twenty-eight days before the issue of the permit.

            (2)        The permit to discharge air pollutants into the atmosphere shall be subject to intermediate emission limits and such conditions specified for a particular period of time, as may be determined by the Inspectorate on the basis of:-

(a)        the age and technology of the plant;

(b)        the ability of the operator to install cleaning equipment; and

(c)        such other factors as the Inspectorate may consider necessary.

(4)        The permit shall be valid for such period as may be determined by the Inspectorate.

12.       (1)        The Inspectorate shall consider an application for a licence or a permit within ninety days after the receipt of the application, and shall notify the applicant of its decision.

(2)        If a licence or permit is not granted, the Inspectorate shall, in the notice of refusal, state the reasons for the refusal.

Appeals

General

conditions of

licence or

permit

Restriction against open

air burning

Enforcement

Notice

13.       An applicant aggrieved with the decision of the Inspectorate under regulation 12, may appeal to the Council, within fourteen days of the decision.

14.       (1)        The holder of a licence or permit under these Regulations shall:-

(a)        Install, at the holder’s expense, air measuring devices, collect such samples and conduct such analyses as the Inspectorate may direct;

(b)        operate an internal air emission monitoring system, approved by the Inspectorate of the licenced or permitted  activities;

(c)        submit monthly emission returns, together with declaration testifying that entries are correct; and

(d)        report immediately, to the Inspectorate any  abnormal emissions.

(3)        The returns referred to in paragraph (b) of sub-regulation (1) shall be submitted to the Inspectorate on or before the thirtieth day of the month following the month to which they relate, or as directed by the Inspectorate.

(15)      A person shall not conduct open air burning of any waste from industrial, commercial operations, domestic or community activities except with written consent of the Inspectorate.

16.       (1)        Where the Inspectorate has reasonable cause to believe that a person has contravened any of the provisions of these Regulations, or any condition of a licence or permit, or is likely to contravene any of the provisions of these Regulations or a condition of the licence or permit, the Inspectorate shall serve an enforcement notice on that person.

(2)        An enforcement served under sub-regulation (1) shall:-

(a)        state the provisions or conditions of the licence or permit, as the case may be, which have been contravened or are likely to be  contravened;

(b)        specify the steps that have to be taken to remedy the contravention or avoid the contravention, as the case  may be; and

(c)        specify the time limit within which the steps described under paragraph (b) should be taken.

PARAMETER

REFERENCE TIME

GUIDELINE LIMIT

1. Sulphur dioxide (SO₂)

10 minutes

500mg/m³

1 hour

350mg/m³

2. Sulphur dioxide (SO₂) in

SO₂

24 hour

125mg/m3

    combination with Total   

6 months

  50 mg/m³

    Suspended Particles   

TSP

24 hours

120 mg/m³

    (TSP)*¹⁾ and PM₁₀  

6 months

 50 mg/m³

PM₁₀

24 hours

 70mg/m³

3. Respirable particulate

PM₁₀

24 hours

 70mg/m³

    matter PM₁₀ ^*2)   

4. Oxides of nitrogen (NO_X)

1 hour

400 mg/m³

    as nitrogen dioxide (NO₂)

24 hours

150mg/m³

5. Carbon monoxide (CO)

15 minutes

100 mg/m³

30 minutes

  60 mg/m³

  1 hour

  30 mg/m³

  8 hours

  10 mg/m³

6. Ambient Lead (Pb)

  3 months

    1.5 µg/m³

12 months

    1.0 µg/m³

7. Dust fall

30 days

    7.5 tonnes/km²