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Ministry of Land and Environment Drafting Instructions for AIR QUALITY REGULATIONS (2001) Contents 1. Authority 2. Purpose 3. Definition of Terms 4. Scope Air Pollutant Discharge Licence 5. Air Pollutant Discharge Licence Applicability 6. Implementation of Air Pollutant Discharge Licence system 7. Duration of Air Pollutant Discharge Licence 8. Bases for Single or Multiple Licences 9. Application and Review Process 10. Provisional Air Pollutant Discharge Licence 11. Holders of Permits prior to 2001 12. Air Pollutant Discharge Licence renewal 13. Application for Addendum to a License 14. Non-transferability of Licence Between Facilities 15. Transfer of Licence on Change of Ownership 16. Authority discretion 17. Provision of Services for Stack Sampling Compliance Plan 18. Description of a Compliance Plan 19. Period of review for a Compliance Plan 20. Authority for Rejecting a Compliance Plan 21. Coordination of Compliance Plans 22. Deadline for Achieving Compliance Fugitive Emission Control Plan 23. Fugitive Emission Control Plan Requirements 24. Period of Review for a Fugitive Emission Control Plan 25. Authority for rejecting a Fugitive Emission Control Plan 26. Fugitive Emission Control Measures Record Keeping and Reporting 27. Record Keeping 28. Malfunction Reporting 29. Maintenance Reporting Air Pollutant Discharge Fees 30. Air Pollutant Discharge Licence Fees 31. Air Pollutant Discharge License Addendum Fees 32. Air Pollutant Discharge Fee 33. Calculation and Reporting of Emissions 34. Allowances and Incentives Standards, Targets and Guidelines 35. Stack Emission Targets for existing facilities 36. Stack Emission Standards for new facilities 37. Opacity Standards 38. Fugitive Particulate Emission Guidelines 39. Priority Air Pollutants Guidelines 40. Odour Guidelines 41. Sulphur Content of Fuel Standard 42. Reporting of Sulphur Content Stack Emission Monitoring Methods 43. Applicability 44. Air Pollutants 45. Stack Emission Test Methods 46. Stack Emission Measurement 47. Performance Test Requirements 48. Authority to take samples 49. Stack Emission Recording and Reporting Requirements 50. Continuous Emission Monitoring System Requirements 51. Performance Requirements for Continuous Emission Monitoring Systems 52. Continuous Emission Monitoring Systems Malfunctions. Ambient Air Quality Monitoring and Assessment 53. Applicability 54. Requirements of Ambient Air Quality Monitoring and Assessment 55. Methods for Measuring Ambient Air Pollutant Concentrations. 56. Methods for measuring meteorological parameters. Noncompliance with Regulations 58. Warnings, Control Orders and Prosecutions 59. Consequence of non-compliance with Regulations 60. Procedure for Revocation and Suspension of Licence 61. Deny a Licence Renewal Application 62. Revocation of a license or use of control order 63. Control Order 64. Compliance Plan 65. Fugitive Emission Control Plan 66. Offences 67. Enforceability of Terms and Conditions 68. Administrative Penalties 69. Other Penalties 70. Dispute Resolution Emission Inventory 71. National Emission Inventory 72. Air Pollutant Discharge Licence Register Schedules 1 Air Pollutant Discharge Licence Application 2 License to Discharge Air Pollutants 3 Control Order 4 Air Discharge Licence Fee Schedule 5 Stack Emission Targets for Existing Sources 6 Stack Emission Standards for New sources 7 Ambient Air Quality Guidelines for Priority Air Pollutants 8 Test Methods for Stack Emission Monitoring 9 Minimum Performance Specifications For Ambient Air Quality Monitoring of Criteria Pollutants 10 Methods for monitoring ambient air pollutant concentrations 11 Administrative penalties
(1) Authority In exercise of the powers conferred upon the Minister by section 38 of the Natural Resources Conservation Authority Act, the following regulations are hereby made. These regulations may be cited as the Air Quality Regulations (2002) and shall come into effect on the 1st day of September 2002. (2) Purpose The purpose of these regulations is to specify the requirements for the operation of an air pollutant discharge licensing system including application and processing of Air Pollutant Discharge Licences, fees for processing and for the discharge of pollutants and a system of fines and penalties for violations of these regulations, to provide specifications and guidance for the measurement and estimation methods to be used for satisfying the requirements of air pollutant discharge permits or licences, or for other source measurements or estimates as may be required for environmental impact assessments or any other requirement under the Natural Resources Conservation Authority Act. The Regulations are set to achieve and maintain levels of air quality that will protect human health and safety, minimise injury to plant and animal, minimise damage to property and unreasonable interference with the public welfare, preserve and where necessary improve visibility, protect the scenic, aesthetic and historic values of Jamaica and promote the prevention, abatement and control of pollution by practical and economically feasible methods. (3) Definition of Terms (a) In these Regulations: "Act" means the Natural Resources Conservation Authority Act, 1991. "Air Pollutant Discharge Licence" means the licence, including any revisions thereto, issued to the owner or operator of a Major Facility or a Significant Facility that emits one or more air pollutants and that allows that facility to operate in compliance with the Air Pollutant Discharge Licence Regulations. "Air pollutant" means any fume, smoke, particulate matter, vapour, gas, odorous substance or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product materials) substance or matter, (but does not include water vapour or steam condensate or any other emission exempted by the Authority under these Regulations), that has caused, is causing, or if unabated, may cause injury to human health, welfare or plant or animal life, or damage to property, or the environment which unreasonably interferes with the enjoyment of life or property or with the conduct of business. "Air pollutant source" means a structure, building, equipment, installation, process or activity or any combination thereof, at, from, or by reasons of which, there is emitted or discharged into the atmosphere, any air pollutant. “Air Pollution" means the presence in the outdoor atmosphere of one or more air pollutant in such quantities, and duration that has caused, is causing, or if unabated, may cause, injury to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life, or damage to property or the environment or with the conduct of business. Such effects may result from direct exposure to air pollutants, from deposition of air pollutants to other environmental media, or from alterations caused by air pollutants to the physical or chemical properties of the atmosphere. "Authority" means the Natural Resources Conservation Authority. “Authorized Officer” means any person designated as such by the Natural [CD1] Resources Conservation Authority, any member or officer of the Jamaica Constabulary Force, any inspector appointed by the Minister under the Clean Air Act, or any Medical Officer of Health or any other person authorized in writing in that behalf, by the Minister or by a Local Board of Health or by the Medical officer under the Public Health Act or Mining Inspector under the Mining Act. "Background concentration" means the ambient pollutant concentrations due to natural sources, nearby sources other than the one(s) specifically being considered and/or unidentified sources. "Bituminous coal" includes anthracite, steam coal (other than anthracite) and coking coal or coal with a gross calorific value greater than 23 865 kJ/kg on an ash-free but moist basis and with a mean random reflectance of vitrinite of at least 0.6. "Capacity factor" means the ratio of average load to the full load capacity rating of the machine or equipment for the specified period of time. "Consumer Price Index" or "CPI" means the annual Consumer Price Index for a calendar year as determined year to year using the decimal increase in the September through August, 12-month average for the previous year of the Consumer Price Index for All Groups, as published by the Statistical Institute of Jamaica. "Distillate fuel oil" means any fuel oil with the specifications of fuel oils #1 or #2, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396. "Excessive emissions" means emissions of an air pollutant in excess of an emission standard or emission target. "Existing Facility" means any facility with an air pollutant source or sources that has been constructed, is in operation or installed or used in Jamaica on or before September 1, 2001. "Existing source" means an air pollutant source that was constructed, was in operation or installed on or before Month 1, 200x. "Facility" means any buildings, structures, equipment, installations, activities or sources that emit air pollutants that are located on one property or on adjacent properties under the ownership or control of a single person or group of persons. "Fugitive emission" means emissions that do not and could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. "Greenhouse gas" or GHG means any one of the following six gases or families of gases: carbon dioxide (CO2), methane (CH4), nitrous oxides (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF6 [CD2] ). "Haul roads" means roads which are used for commercial, industrial or governmental hauling of materials and which the general public does not have a right to use. "Heavy fuel oil" means any fuel oil with the specifications of fuel oils #5 or #6, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396. "Incinerator" means any equipment, device, or contrivance used for the destruction of solids, liquids or gaseous wastes by burning, other than devices used exclusively to burn wood wastes. "Licence" means the legally binding document, including any revisions thereto, issued to the owner or operator of a facility or source that emits one or more air pollutants and that allows that facility or source to operate in compliance with these regulations. The licence specifies the requirements applicable to the facility or source and to the licensee. "Licensee" means a person who has been granted an air pollutant discharge licence from the Authority. "Light oil" means any fuel oil with the specifications of fuel oils #1 or 2, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396. "Major Facility" means any facility with air pollutant emitting activities or sources, with the potential to emit: 100 or more tonnes/y of any one of total suspended particulate matter (TSP), particulate matter with a diameter less than ten micrometres (PM10), sulphur oxides measured as sulphur dioxide (SO2), carbon monoxide (CO) or nitrogen oxides (NOx) measured as equivalent nitrogen dioxide; or 5 or more tonnes/y lead; or 10 or more tonnes per year of any single Priority Air Pollutant or 25 or more tonnes per year of any combination of Priority Air Pollutants. "Major Modification" means any change made to a source that increases or decreases [CD3] the potential to emit any of the following pollutants, at a rate of emission equal to or greater than any one of the following rates: Pollutant Tonnes/Year Carbon monoxide 100 Nitrogen oxides 40 Sulphur dioxide 40 Particulate matter (PM) 25 Fine particulate matter (PM10) 15 Volatile organic compounds (VOC) 40 Lead 0.6 Fluorides 3 Sulphuric acid mist 7 Hydrogen sulphide (H2S) 10 Total reduced sulphur (including H2S) 10 Municipal waste combustor organics 0.0000035 (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal waste combustor metals (measured as PM) 15 Municipal waste combustor acid gases (measured as SO2 and hydrogen chloride) 40 "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. "Medium oil" means any fuel oil with the specifications of fuel oil #3, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396. "Modification" means any physical change in, or change in the method of operation of a facility which increases the amount of any air pollutant emitted into the atmosphere by that facility or which results in the emission of any air pollutant not previously emitted. "New Facility" means any facility, other than an existing facility with air pollutant source or sources and which commenced construction or operation or was installed in Jamaica after September 1, 2001. "New source" means an air pollution source, other than an existing source and which commenced construction or operation or was installed after September 1, 2001. "Nitrogen oxides" means the sum of nitric oxide (NO) and nitrogen dioxide (NO2) expressed collectively as a nitrogen dioxide equivalent. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment. "Particulate matter (PM)" means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each applicable regulation subpart, or an equivalent or alternative method. "Performance test" means any testing or sampling performed using approved methods to determine the emission rate of an air pollutant from a source. "Person" means any individual, public or private corporation, partnership, association, firm, trust estate, the Government or any department, institution or agency thereof, any municipal corporation, parish and city, or any other legal entity whatsoever which is recognised by law as the subject of rights and duties. "PM10" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to ten (10) micrometers emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, established by the U.S. EPA. "Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable under the Act. "Priority Air Pollutant (PAP)" means an air pollutant which presents a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which in the judgement of the Authority is placed on the "Priority Air Pollutant List" in Schedule 7 of these regulations. "Prescribed area" means an area prescribed by the Minister by order pursuant to Section 9 of the Act. "Regulated air pollutant" means any pollutant for which there is a national ambient air quality standard. "Renewable Energy" means energy derived from resources that are regenerative or for all practical purposes cannot be depleted. Types of renewable energy resources include moving water (hydro, tidal and wave power), thermal gradients in ocean water, biomass, geothermal energy, solar energy, and wind energy. Municipal solid waste (MSW) is also considered to be a renewable energy resource. "Renewable Fuel" means fuel derived from resources that is regenerative or for all practical purposes cannot be depleted. Types of renewable fuels include biomass, municipal solid waste and fuels such as ethanol, biodiesel and hydrogen, derived from biomass. "Residual oil" means any fuel with the specifications of fuel oils No. 5 or 6, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396. "Source" means any article, machine, process equipment, or other contrivance, or combination thereof, from which any air pollutant emanates or is emitted, either directly or indirectly into the atmosphere or any contiguous location that may be described as having an area and from which air pollutants enter the atmosphere. "Start up” means the setting in operation of a facility or sources in a facility for any purpose "Shutdown" means the cessation of operation of a source for any purpose. "Significant Facility" means any facility with air pollutant emitting activities or sources, with the potential to emit: 25 or more but less than 100 tonnes/y of one or more of TSP, PM10, SO2, CO, or NOx,); or 1 or more but less than 5 tonnes/y of lead; or 1 or more but less than 5 tonnes/y of any Priority Air Pollutant or 1 or more but less than 10 tonnes per year of any combination of Priority Air Pollutants. "Significant impact": the impacts of sources on ambient air quality are deemed significant when the increment in the predicted average concentration of SO2, TSP, PM10 or NO2 is greater than an annual average of 21.0 µg/m3 or a 24-hour average of 805 µg/m3 or when the increment in the predicted average concentration of CO is greater than 500 µg/m3 as an 8-hour average or 2000 µg/m3 as a 1-hour average and when such predictions are made using an approved air dispersion model. "Standard conditions" means a temperature of 293° K (20°C) and a pressure of 101.3 kilopascals (29.92 in Hg). "Sub-bituminous coal" means coal that is classified as sub-bituminous A, B, or C according to the American Society of Testing and Materials (ASTM) Standard Specification for Classification of Coals by Rank D388. Units and abbreviations: °C - degree Celsius (centigrade) dscm – dry standard cubic metre g - gram h - hour J - joule k – kilo (1,000) l - litre lpm - litre per minute Mg – million grams mg - milligram m3 – cubic metre pg – picogram (10-12g) scm - cubic metre at standard conditions s - second min - minute ml - millilitre mol. wt. - molecular weight n – nano ppm – parts per million t – tonne m - micro (10-6) TEQ – toxicity equivalent Chemical nomenclature As - arsenic Cd - cadmium Co - cobalt CO - carbon monoxide Cr - chromium Cu - copper H2S - hydrogen sulphide H2SO4 - sulphuric acid HCl - hydrochloric acid Hg - mercury Mn - manganese Ni - nickel NO - nitric oxide NO2 - nitrogen dioxide NOx - nitrogen oxides O2 - oxygen Pb - lead PCDD - polychlorinated dibenzo-p-dioxin PCDF - polychlorinated dibenzofurans PM- particulate matter PM10 - particulate matter with aerodynamic diameter less than or equal to 10 mm Sb - antimony Se - selenium SO2 - sulphur dioxide SO3 - sulphur trioxide SOx - sulphur oxides Te - tellurium Tl - thallium V - vanadium VOC - volatile organic compound Zn - zinc (4) Scope These regulations shall apply to new and existing major facilities, new and existing significant facilities and to any facility required to obtain a permit or licence pursuant to this regulation or to other regulations under the Act [CD4] . These regulations do not apply to modes of transportation including trucks, cars, buses, trains, ships and airplanes. (a) These Regulations apply to all facilities with the following categories of Air Pollutant sources: Electricity generation Mineral Industries Petroleum Refineries Municipal incinerators Biomedical incinerators Hazardous waste incinerators Chemical Processing Inorganic Chemicals Manufacturing Organic Chemicals Manufacturing Liquids Distribution – Petroleum Products Non-Ferrous Metals Processing Ferrous Metals Processing Polymers And Resins Production Food And Agricultural Processes Agricultural Chemicals Production Surface Coating Processes Waste Management Fuel Combustion in any of the above categories including Stationary Fuel Combustion Sources Other industry categories as may from time to time be prescribed by the Authority (b) Notwithstanding that the authority does not have standards or targets for each pollutant source the Authority will develop and apply any relevant emission standards or targets or guidelines for those air pollutant source categories and pollutants for which there are no standards, targets or guidelines in these regulations. (c) Categories of Potential Sources of Priority Air Pollutants (Check) 1) AGRICULTURAL CHEMICALS PRODUCTION • 2,4-D Salts and Esters Production • 4-Chloro‑2-Methylphenoxyacetic Acid Production • 4,6-Dinitro-o-Cresol Production • Captafol Production • Captan Production • Chloroneb Production • Chlorothalonil Production • Dacthal (tm) Production • Sodium Pentachlorophenate Production • Tordon (tm) Acid Production 2) FERROUS METALS PROCESSING • Ferroalloys Production • Integrated Iron and Steel Manufacturing • Non-Stainless Steel Manufacturing-Electric Arc Furnace (EAF) Operation • Iron Foundries • Steel Foundries • Steel Pickling-HCl Process 3) FIBRES PRODUCTION PROCESSES • Acrylic Fibres/Modacrylic Fibres Production • Rayon Production • Spandex Production 4) FOOD AND AGRICULTURAL PROCESSES • Baker's Yeast Manufacturing • Cellulose Food Casing Manufacturing • Vegetable Oil Production 5) FUEL COMBUSTION • Engine Test Facilities • Industrial Boilers • Institutional Commercial Boilers • Process Heaters • Stationary Internal Combustion Engines • Stationary Turbines 6) LIQUIDS DISTRIBUTION • Organic Liquids Distribution (Non-Gasoline) 7) MINERAL PRODUCTS PROCESSING • Alumina Processing • Asphalt/Coal Tar Application-Metal Pipes • Asphalt Concrete Manufacturing • Asphalt Processing • Asphalt Roofing Manufacturing • Chromium Refractories Production • Clay Products Manufacturing • Lime Manufacturing • Mineral Wool Production • Portland Cement Manufacturing • Taconite Iron Ore Processing • Wool Fibreglass Manufacturing 8) MISCELLANEOUS PROCESSES • Aerosol Can-Filling Facilities • Benzyltrimethylammonium Chloride Production • Butadiene Dimers Production Carbonyl Sulphide Production • Chelating Agents Production • Chlorinated Paraffins Production • Commercial Sterilization Facilities • Dodecanedioic Acid Production • Dry Cleaning (Petroleum Solvent) • Ethylidene Norbornene Production • Explosives Production • Hydrazine Production • Industrial Process Cooling Towers • OBPA/1,3-Diisocyanate Production • Paint Stripper Users • Photographic Chemicals Production • Phthalate Plasticizers Production • Plywood/Particle Board Manufacturing • Polyether Polyols Production • Rubber Chemical Manufacturing • Semiconductor Manufacturing • Symmetrical Tetrachlorophyridine Production • Tire Production • Wood Treatment 9) NON-FERROUS METALS PROCESSING • Secondary Aluminum Production • Primary Copper Smelting • Primary Lead Smelting • Lead Acid Battery Manufacturing • Primary Magnesium Refining 10) PETROLEUM AND NATURAL GAS PRODUCTION AND REFINING • Oil and Natural Gas Production • Petroleum Refineries-Catalytic Cracking (Fluid and other) Units, Catalytic Reforming Units, and Sulphur Plant Units 11) PHARMACEUTICAL PRODUCTION PROCESSES • Pharmaceuticals Production 12) POLYMERS AND RESINS PRODUCTION • Acetal Resins Production • Acrylonitrile-Butadiene-Styrene Production • Alkyd Resins Production • Amino Resins Production • Boat Manufacturing • Butadiene-Furfural Cotrimer (R-11) • Butyl Rubber Production • Carboxymethylcellulose Production • Cellophane Production • Cellulose Ethers Production • Epichlorohydrin Elastomers Production • Epoxy Resins Production • Ethylene-Propylene Elastomers Production • Flexible Polyurethane Foam Production • Hypalon (tm) Production • Maleic Anhydride Copolymers Production • Methylcellulose Production • Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene Production • Methyl Methacrylate-Butadiene-Styrene Terpolymers Production • Neoprene Production • Nitrile Butadiene Rubber Production • Non-Nylon Polyamides Production • Nylon 6 Production • Phenolic Resins Production • Polybutadiene Rubber Production • Polycarbonates Production • Polyester Resins Production • Polyethylene Terephthalate Production • Polymerized Vinylidene Chloride Production • Polymethyl Methacrylate Resins Production • Polystyrene Production • Polysulphide Rubber Production • Polyvinyl Acetate Emulsions Production • Polyvinyl Alcohol Production • Polyvinyl Butyral Production • Polyvinyl Chloride and Copolymers Production • Reinforced Plastic Composites Production • Styrene-Acrylonitrile Production • Styrene-Butadiene Rubber and Latex Production 13) PRODUCTION OF INORGANIC CHEMICALS • Ammonium Sulphate Production-Caprolactam By-Product Plants • Antimony Oxides Manufacturing • Chlorine Production • Chromium Chemicals Manufacturing • Cyanuric Chloride Production • Fume Silica Production • Hydrochloric Acid Production • Hydrogen Cyanide Production • Hydrogen Fluoride Production • Phosphate Fertilizers Production • Phosphoric Acid Manufacturing • Quaternary Ammonium Compounds Production • Sodium Cyanide Production 14) SURFACE COATING PROCESSES • Auto and Light Duty Truck (Surface Coating) • Flat Wood Paneling (Surface Coating) • Large Appliance (Surface Coating) • Manufacture of Paints, Coatings, and Adhesives • Metal Can (Surface Coating) • Metal Coil (Surface Coating) • Metal Furniture (Surface Coating) • Miscellaneous Metal Parts and Products (Surface Coating) • Paper and Other Webs (Surface Coating) • Plastic Parts and Products (Surface Coating) • Printing, Coating, and Dyeing of Fabrics • Printing/Publishing (Surface Coating) • Shipbuilding and Ship Repair (Surface Coating) 15) WASTE TREATMENT AND DISPOSAL • Hazardous Waste Incineration Biomedical waste treatment and disposal • Municipal Landfills • Sewage Sludge Incineration • Site Remediation • Solid Waste Treatment, Storage and Disposal Facilities • Publicly Owned Treatment Works Emissions Air Pollutant Discharge Licence (5) Air Pollutant Discharge Licence Applicability (a) All owners or operators of the following shall apply for a licence for: - i) Any new or existing Major Facility; ii) Any new or existing Significant Facility; iii) Any new or existing facility undertaking a Major modification iv) Any facility required to obtain an Air Pollutant Discharge Licence pursuant to these Regulation; (b) The owner or operator for each facility referred to in Section 5 a) shall apply for an air pollutant discharge licence as set out in Regulations 10 (c) Owners and operators of any new or existing facility undertaking a major modification or a any modification that will cause the facility to become a Significant Facility or to change from being a Significant Facility to become a Major Facility or vice versa shall apply for an Air Pollutant Discharge Licence pursuant to Section 10 at least 60 days prior to any planned construction, reconstruction or modification. Such application shall be made to the Authority by submitting information on the proposed changes using the Air Pollutant Licence Application Form. (6) Implementation of Air Pollutant Discharge License System (a) The Authority shall identify the pollutant source categories/facilities that will be required to obtain an Air Pollutant Discharge Licence by publishing in a widely circulated newspaper. The Authority shall indicate the time frames by which this application will be received. Failure of the Authority to notify a facility shall not relieve that facility of the obligation to file a timely and complete application. (b) Each existing Major Facility in the following source categories will be required to complete and submit an application for an Air Pollutant Discharge Licence according to the following timetable:
(c) Each existing significant facility in the following categories will be required to complete and submit an application for an Air Pollutant Discharge Licence according to the following timetable:
(d) Each existing major or significant facility that has been granted a Permit under the Natural Resources Conservation (Permits and License) Regulations 1996 shall submit an Air Pollutant Discharge Licence application by June 30 of the first year after promulgation of these Regulations and such application shall be accompanied by the application fee and discharge fees for emissions. (e) Each new major or significant facility in all source categories will be required to submit an application for an Air Pollutant Discharge Licence immediately after promulgation of the Regulations (f) No application shall be processed prior to the payment of the full amount of the fee specified. (g) The application fee must be accompanied by the discharge fee for the previous full calendar year. (h) Calculation of the discharge fees shall be made according to the procedures set out in Schedule 4. (7) Duration Of Air Pollutant Discharge Licence (a) The Air Pollutant Discharge Licence shall be valid for a period of five years from the date of the grant of the Licence and is renewable on application for successive five-year periods. (b) The anniversary date shall be the date of the grant of the Licence for the initial licence or for the renewal of a licence. (c) The expiry date of an Air Pollutant Discharge Licence shall be five years after the grant of the Licence. (8). Bases for Single or Multiple Licences (a) One Licence for Each Owner or Operator of a facility. Each Licence shall be issued to the owner or operator of a facility as defined in these regulations. When a single site includes more than one facility each with a different owner or operator, the owner or operator of each facility must obtain a separate Air Pollutant Discharge Licence for the operations under their control. (b) Option to apply for multiple licenses for groups of sources at large facilities Where a single site contains a large complex facility with several air pollutant sources or groups of source, the owner or operator may apply for separate licences for such groups of sources as may be convenient. (9). Application and Review and Approval Process for an Air Pollutant Discharge Licence (a) Applications for the Air Pollutant Discharge Licence shall be made in the form set out in Schedule 1 of these regulations. (b) An application is complete when it contains the following information: i) A completed application form or forms, including any necessary supporting data and calculations. ii) If the emissions from any source or activity in the application exceeds any applicable emission standard or target or if any emissions from the facility are predicted based on dispersion modelling to exceed any ambient air quality standard, or if any ambient air quality measurements at required monitoring locations exceeds an air quality standard, the license application must be accompanied by a Compliance Plan that indicates the activities and schedule that will bring the facility into compliance; iii) Certification by an authorized official of the applicant of the truth, accuracy, and completeness of the application, as provided in the application form. (c) To be deemed complete, and to undergo the approval process, an application must provide all information required in the licence application form as shall be checked in the completeness check list provided by the Authority, and payment of the Licence Application fee and the discharge fee for the proceeding year. No license shall be processed unless the bank has accepted payment and the Authority’s account has been credited with the amount of the fee. (d) Unless the Authority informs the applicant in writing within sixty days of receipt of the application that an application is not complete, such application shall be deemed to be complete sixty days after the application date. (e) Any notification of incompleteness shall specify the information needed to make the application complete and prescribe a reasonable time frame for response from the applicant. If, while processing an application that has been determined or deemed to be complete, the Authority determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response. (f) An Air Pollutant Discharge Licence that has been approved shall be as in Schedule 2. The approval date shall be specified on the licence (Schedule 2) and the duration of the license shall be no longer than five years from the date of the grant of the Licence. (10). Provisional Air Pollutant Discharge Licence (a) Once an application is complete, the Authority shall notify the applicant that the application is complete and such notification shall constitute a Provisional Air Pollutant Discharge Licence, which shall remain in effect until the application is approved or refused. (b) An existing source's Provisional licence, shall be in effect from the date the application is determined or deemed to be complete until the final licence is issued, provided that the applicant submits any requested additional information by the deadline specified by the Authority. (11). Holders of Permits prior to September 2001 (a) Owners and operators of facilities having permits granted pursuant to the Permits and Licences Regulations 1996 granted prior to Month 1, 200x who were granted approval to discharge air emissions shall apply for an Air Pollutant Discharge Licence. (b) Those facilities that have Natural Resource Conservation Authority permits issued on or after January 1, 1997 and before Month 1, 200x with specified conditions will be required to retain such conditions stipulated in the permits. (12). Licence Renewal Application (a) Applications for renewal of Air Pollutant Discharge licences shall be made using Schedule 1 no later than sixty days prior to the expiry date of the licence. (b) Continuation of an ambient air monitoring or meteorological monitoring program and of source testing including the frequency of tests and any other conditions stipulated in the licence shall be determined by the Authority on a case-by-case basis at the time of the renewal. It shall be the burden of the applicant to demonstrate the adequacy of existing data, its relationship to past, present, and future facility operating conditions, and the adequacy of other means to document continuing compliance. (13). Applications for an addendum to a licence (when changes do not constitute a Major Modification). Any owner or operator of a facility with an Air Pollutant Discharge Licence who wishes to undertake changes or modifications to a facility shall apply for an Addendum to the existing Air Pollutant Discharge Licence when all of the following apply: (a) The changes or additions do not constitute a Major Modification (b) The total of all changes in annual permitted emissions due to changes in all existing sources and additions of new sources since the effective date of the current licence, are less than or equal to 10% of total permitted emissions before any addendum to the licence was issued (c) The maximum predicted ground level concentration of any pollutant emitted from the facility before any addendum was issued is less than or equal to 75% of the ambient air quality standard or guideline concentration in the case of Priority Air Pollutants that may be affected by the change (d) The emissions from a source that is being modified currently do not exceed the emission target or the emissions from the new source will not exceed any emission standard (e) Emissions from any proposed new source do not exceed any applicable emission standard (14). Non-transferability of Licence between facilities. An Air Pollutant Discharge Licence is not transferable from one facility to another. (15). Transfer of Licence upon Change Of Ownership Or Operation (a) The owner or operator holding an Air Pollutant Discharge Licence shall notify the Authority in writing at least 90 days prior to any of the following changes: i) Change the owner or operator or both to whom the air pollutant discharge licence was issued and the name and address of the new owner or operator ii) Change the name of the corporation or the operator or partnership iii) Change the mailing address of the owner or operator (b) Where notification has been given in accordance with clause 25 (a), the owner or operator shall request a transfer of the Licence and pay the prescribed fee. (16). Conditions of Licences. The Authority may issue a licence with such terms and conditions as it thinks fit. (a) Such conditions may include but not be limited to periodic or continuous stack monitoring for performance or compliance testing, ambient and meteorological monitoring and other measures to maintain and if necessary improve ambient air quality and such other terms and conditions as determined by the Authority to be reasonable and necessary and consistent with the Act and its regulations. (b) At all times, including periods of startup, shutdown, and malfunction, any person owning, leasing or controlling the operation of a facility shall maintain and operate such source or sources, including associated air pollution control equipment, in accordance with the terms and conditions of the licence and in a manner consistent with good air pollution control practice for minimising emissions. (17). Provision of Services for Stack Sampling When the Authority requires stack emission tests to be performed, the owner or operator shall provide or cause to be provided, stack testing facilities as follows: a) Sampling ports adequate for test methods applicable to such facility b) Safe sampling platform(s) or other suitable and safe structures or equipment, either permanent or temporary, mobile or stationary c) Safe access to sampling platform(s). d) Utilities for sampling and testing equipment. (18) Ambient Air Quality Assessment As part of an application for license, the Authority may require the completion of an Ambient Air Quality Assessment subject to the requirements of section 53-56 Compliance Plan (18) Description of a Compliance Plan: Where required as a part of an Air Pollutant Discharge Licence application or as a requirement of a Control Order, or as specified in these regulations, a Compliance Plan shall include the following: a) A description of the current compliance status of the facility with respect to all applicable requirements including all sources that exceed emission standards or targets or are predicted to exceed ambient air quality standards or guideline concentration, monitoring locations at which ambient air quality standards or guideline concentrations are exceeded, and other administrative or other requirements that have not been satisfied; (b) A statement of the methods used to determine the facility's compliance status, including a description of any monitoring, record keeping, reporting or test methods, and any other information necessary to verify compliance with or enforce any proposed licence condition or any applicable requirement under the regulations. (c) A statement that the facility will continue to comply with its current compliance status with regard to each applicable requirement as set out in (a) (i); (d) For each applicable requirement as set out in (a) (i) for which the facility is not in compliance at the time the application: (i) A narrative description of how the facility will achieve compliance; (ii) A proposed compliance schedule setting forth the remedial measures to be taken, including a sequence of actions with milestones leading to compliance. If the facility is subject to any control orders, the proposed schedule of remedial measures shall incorporate the order, and shall be at least as stringent as the order; and (iii) A schedule for submission of progress reports, at least every six months, or more frequently if specified by the licence conditions; and (iv) A schedule for the submission of compliance reports to the Authority indicting progress in relation to the schedule and the milestones. Such progress reports shall be every six months, or more frequent if so specified in the licence conditions. (19). Period to Review of a Compliance Plans. (a) Upon receipt of a Compliance Plan, the Authority shall review the Plan within 90 [CD6] days and notify the person submitting the plan whether the Plan is approved or if further information is required. (b) Compliance Plans that are part of a licence application shall be reviewed along with all other aspects of the licence application. Approved Compliance Plans shall be attached to the Air Pollutant Discharge Licence and be included in the Terms and Conditions of said Licence and shall not alter in any way the expiry date of the licence. (20) Authority for rejecting Compliance Plan. (a) If any Compliance Plan is not approved, the Authority shall provide in writing the reasons for refusing the Compliance Plan. (i) The Authority shall allow the licensee 60 days after the notification of refusal of the Compliance plan to revise and resubmit the Compliance plan. (ii) If after the review of the revised Compliance Plan there remain aspects of the Compliance Plan that are unacceptable to the Authority, the Authority shall impose conditions that the licensee must adhere to and the Authority shall provide the licensee with written reasons for imposing any condition that the licensee did not include in the revised Compliance Plan [CD7] . (21). Coordination of Compliance Plan (a) The Authority shall coordinate and consider together Compliance Plans for all facilities located close to each other when such emissions from such facilities jointly adversely affect ambient air quality in the vicinity of the facilities. Such coordination and consideration shall ensure there are equitable conditions in the Compliance Plans and efficient use of the Authority’s resources. (22). Deadline for achieving compliance. (a) The date of total and successful implementation of the Compliance Plan shall be no later than seven (7) years from the approval of the Compliance Plan. Fugitive Emission Control Plan (23) Fugitive Emission Control Plan Requirements: The owner or operator of a facility with a fugitive air pollutant source may be required as a part of an Air Pollutant Discharge Licence application or as a requirement of a Control Order or as specified in these regulations to submit to the Authority, a written Fugitive Emission Control Plan for the control of fugitive particulate emissions if any of the following conditions apply: (a) A fugitive source operating with emissions in excess of 20% opacity as determined by methods provided in this regulation; (b) A fugitive source operating with visible emissions that are being transported off the property on which the source is located; (c) The Ambient air quality standard for total suspended particulates or for PM10 specified in the Natural Resources Conservation (Ambient Air Quality Standards) Regulations is being exceeded at a location off the property on which the source is located. (24). Period to Review Fugitive Emission Control Plans. (a) Upon receipt of a Fugitive Emission Control Plan, the Authority shall review the Plan within 60 days and notify the person submitting the plan whether the Plan is approved or if further information is required. (b) Fugitive Emission Control Plans that are part of a licence application shall be reviewed along with all other aspects of the licence application. Approved Fugitive Emission Control Plans shall be attached to the Air Pollutant Discharge Licence and be included in the Terms and Conditions of said Licence and shall not alter in any way the expiry date of the licence. (25) Authority for rejecting Fugitive Emission Control Plans (a) If any Fugitive Emission Control Plan is not approved, the Authority shall provide in writing the reasons for refusing the Fugitive Emission Control Plans. i) The Authority shall allow the applicant or licensee 30 days after the notification of refusal of the Fugitive Emission Control Plans plan to revise and resubmit the Fugitive Emission Control Plans. ii) If after the review of the revised Fugitive Emission Control Plans there remain aspects of the Fugitive Emission Control Plans that are unacceptable to the Authority, the Authority shall impose conditions that the licensee must adhere to and the Authority shall provide the licensee with written reasons for imposing any condition that the licensee did not include in the revised Fugitive Emission Control Plan [CD8] . iii) In the case of a licensed facility which already has a Fugitive Emission Control Plan, the Authority may periodically review said control plan if it determines the plan does not meet its objectives, it shall require the submission of a revised control plan within 60 days. iv) Sources of fugitive particulate emissions subject to the regulations 18 and 19 shall include but are nor limited to: Construction Activities Storage and handling (including loading and unloading) of materials including bauxite and alumina, gypsum, Portland cement and their raw materials, quarrying operations Mining and quarrying activities Haul roads Haul trucks Tailings piles and ponds Demolition activities Blasting activities Sandblasting operations (26) Fugitive Emission Control Measures (a) A Fugitive Emission Control plan may require the employment of measures or operating procedures that include, but are not limited to: (i) Control of fugitive particulate emissions from storage piles through use of enclosures, covers, or stabilisation, minimising the slope of the upwind face of the pile, confining as much pile activity as possible to the downwind side of the pile and other methods or techniques as approved by the Authority. (ii) Enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, or limiting size of load, to minimise loss of material to wind and spillage; (iii) Minimising the area of disturbed land or tailings (iv) Planting of special wind break vegetation at critical points; (v) Prompt removal of coal, rock minerals, soil, and other dust‑forming debris from paved roads and scraping and compaction of unpaved roads to stabilise the road surface as often as necessary to minimise reintrainment of fugitive particulate matter from the road surface; (vi) Minimising the period of time between initially disturbing the soil and revegetating or other surface stabilisation; (vii) Restricting the areas to be blasted at any one time; (viii) Restricting the speed of vehicles in and around the mining, tailing, quarrying operation; (ix) Revegetating, mulching, or otherwise stabilising the surface of all areas adjoining roads that are a source of fugitive particulate emissions; (x) Substitution of covered conveyor systems for haul trucks; (xi) Synthetic and/or revegetative covers; (xii) To the extent practicable restricting vehicular travel to established paved roads; and (xiii) Watering or chemical stabilisation of unpaved roads as often as necessary to minimise reintrainment of fugitive particulate matter from the road surface, or paving of roads; (xiv) Wind breaks. (xv) Paving of roads Record Keeping and Reporting (27) Record Keeping a) A Licensee shall maintain records relating to ambient measurements, stack emission measurements, and the operation of air pollutant sources and air pollution control devices. Such records shall be maintained for at least seven years. An authorized representative of the Authority may request, examine and copy any such records or information pertaining to the operation of such air pollutant source. Such records may be made available to the public except those records that are agreed by the Authority to be confidential. b) All licensees shall submit annual reports of emissions to the Authority in accordance with the requirements set out in regulation 33. c) The Authority may require that ambient air quality and or stack emission measurements be reported in prescribed formats, on a regular basis. d) The owner or operator of every licensed facility shall report to the Authority any event that results in the emission of pollutants that exceed any applicable stack emission standard or target or ambient measurements that exceed any ambient air quality standard or any applicable guideline concentration for a priority air pollutant, in accordance with the following: i) Within 24 hours of the aforesaid event shall notify the Authority of such occurrence by completing the form in Schedule 13 and delivering it to the Authority. ii) Within 10 days of the aforesaid event submit a written report to the Authority describing the circumstances surrounding the event and corrective measures taken or planned to be taken to prevent future occurrence of the event. (28) Malfunction Reporting: (a) In the event of any malfunction or failure of process, fuel burning, or emission control equipment for a period of four hours or more which results in emissions of a pollutant in excess of any applicable emission standard or target for a licensed Major or Significant Facility, the owner or operator of such facility shall within 24 hours of becoming aware of the start of the malfunction, notify the Authority of such occurrence by completing Form 4 and submitting it to the Authority. In addition, the owner or operator shall provide a detailed written report that describes the cause of any malfunction, the corrective actions taken, and the plans to prevent future occurrences. Unless otherwise specified by the Authority, the report must be submitted no later than ten (10) working days after the occurrence. The information submitted shall be adequate to allow the Authority to determine whether the excessive emissions were due to a sudden and unavoidable malfunction. (b) Malfunction or failure of process, fuel burning, or emission control equipment which results in emissions of a pollutant in excess of any applicable emission standard or target for a licensed Major or Significant Facility that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions and the Authority may take such enforcement action as it deems fit. (29) Maintenance Reporting: (a) Owners and operators of major facilities shall, at least forty eight (48) hours prior to any planned shutdown, notify the Authority in writing of the planned shutdown of air pollution control equipment for necessary scheduled maintenance where the shutdown is likely to cause excess emissions, unless such shutdown is accompanied by the shutdown of the source which such equipment is intended to control. Such prior notice shall include, but is not limited to the following: (i) Identification of the facility, the Licence number, the unit identification number and location of the specific control equipment to be taken out of service; (ii) The expected length of time that the air pollution control equipment will be out of service; (iii) The nature and quantity of emissions of air contaminants likely to occur during the shutdown period; (iv) Measures such as the use of off‑shift labour and equipment that will be taken to minimise the length of the shutdown period; (v) The reasons that it would be impossible or impractical to shut down the source operation during the maintenance period. Air Pollutant Discharge Fees 30. Air Pollutant Discharge Licence Fees (a) For a Major Facility, each application for an Air Pollutant Discharge Licence or for the renewal of an Air Pollutant Discharge Licence shall be accompanied by a fee of $20,000. Late application for an Air Pollutant Discharge Licence or for its renewal shall an additional fee of $30,000. (b) For a Significant Facility, each application for an Air Pollutant Discharge Licence or for the renewal of an Air Pollutant Discharge Licence shall be accompanied by a fee of $10,000. Late application for an Air Pollutant Discharge Licence or for its renewal shall an additional fee of $15,000 (c) For a Major or Significant Facility, the application for a transfer of an Air Pollutant Discharge Licence the transfer fee shall be $2,500. 31. Air Pollutant Discharge Licence Addendum Fees (a) For a Major Facility, the application fee for processing and reviewing each addendum to a licence shall be $6000 (b) For a Significant Facility, the application fee for processing and reviewing each addendum to a licence shall be $3000 32. Air Pollutant Discharge Fees (a) On or before June 30 in each year, a person who holds an Air Pollutant Discharge Licence, for each pollutant listed in column one, shall pay a fee equal to the product of the previous calendar year’s emissions in tonnes and the corresponding per tonne fee as listed in column two. (b) The estimate of the previous calendar year’s emissions shall be made according to the requirements set out in Regulation 33 and procedures in the most recent version of the NRCA Ambient Air Quality Guideline Document (c) Air Pollutant Discharge Fees are:
(i) The fees specified in column two above may be adjusted every five years by the Authority by the amounts specified in paragraph ii of this regulation. The adjustments shall take into consideration the costs to administer the air quality regulations and the market conditions in the major industries and in particular the changes over the previous five years in the world market prices of petroleum based fuels and the changes in world market prices of bauxite and alumina and prices of other commodities produced by licensees. (ii) The fees specified in column two above shall be adjusted every five years (the year of adjustment) starting in 2005 and every five years thereafter by an amount not exceeding the ratio of the consumer price index in the year of adjustment to the consumer price index in the year 2000. (iii) The adjusted fees shall become effective and payable by June 30, 2006 for the calendar year 2005 and similarly for each subsequent year for all licensed Major and Significant Facilities regardless of when the first licence was issued. (iv) For persons with Air Pollutant Discharge Licences, annual reporting of emissions for the determination of fees shall be made on the form provided (Schedule 12). Determination of the amounts of pollutants emitted is to be made according to the procedures in Regulation 33. (33) Calculation and reporting of annual emissions (for determination of Discharge Fees and reporting of emissions) (a) Estimates of annual emissions shall be made on a calendar year basis, that is, from January 1 to December 31. Annual emissions reports are to be submitted to the Authority by June 30 of each year (for the period January 1 to December 31 of the previous year) unless otherwise directed by the Authority. The report should include all data applicable to the emission source or sources. The Authority shall provide a Guideline Document the Ambient Air Quality Guideline Document that includes methods and procedures for estimating emissions to the atmosphere. (b) Estimates of annual emissions shall be made based on the following methods, in order of preference: i) Continuous Emission Monitoring data ii) Calculation of SO2 emissions based on fuel use and sulphur content data (combustion processes in which exhaust gases do not come in contact with products) iii) Most recent and representative stack monitoring measurements conducted in the previous five years and activity data for the year for which emissions are estimated iv) AP42 emission factor or equivalent methods and activity data for the year v) AP42 emission factor or equivalent methods and plant capacity data vi) Mass balance (including fuel use data) based on the two previous years or the most recent representative year vii) Other methods supported by calculation and documentation (c) The Authority shall return to the owner any air pollutant discharge fees that are in excess of those calculated in Regulation 32. Such excess fees shall be credited to the owner’s account within 90 days of completion of the initial or renewal licence application or within 90 days of the anniversary date of the licence. (d) The Authority shall send an invoice for any amounts by which the Air Pollutant Discharge fees are less than those calculated in Regulation 32. The owner shall remit the amount owed within 90 days of receipt of the invoice from the Authority. (34) Allowances and incentives a) Within two years of the submission of any initial Air Pollutant Discharge Licence application, the Air Pollution Discharge Fees payable for the first year of the first licence period for existing facilities may be reduced by the actual costs for compliance stack tests conducted, up to a maximum of $100,000 per stack. Such stack tests must be for any pollutants for which there are discharge fees and must be performed according to the methods and procedures set out in these Regulations. If the costs of acceptable compliance tests exceed the discharge fees the Authority shall not remit to the licensee any amounts by which costs of stack tests exceed the discharge fees for the first year. b) Discharge fees for all emissions from the combustion of renewable energy fuels (bagasse, landfill gas, agricultural wastes), municipal waste (not oily wastes or hazardous or non-hazardous waste) are waived. Discharge fees are payable for emissions from supplementary fossils fuels or other non-renewable fuels or combustible materials used in the same process as the renewable fuels or in different processes. c) Existing facilities that have excess emissions or whose emissions are predicted to cause ambient air quality standards to be exceeded will not be exempt from payment of annual discharge fees. STACK EMISSION TARGETS, STANDARDS AND GUIDELINES. (35) Stack Emission Targets for Existing Sources: The stack emission targets specified in Schedule 5 of these regulations shall apply to all existing facilities with sources of air pollutants as defined in these regulations and are hereby declared to be the Stack Emission Targets for existing sources. (36) The Stack Emission Standards for New Sources: The standards specified in Schedule 6 of these regulations shall apply to all new facilities with sources of air pollutants as defined in these regulations, and are hereby declared to be the Stack Emission Standards. (37) Opacity Standards (a) No person shall emit or cause to be emitted from any air pollutant source at an existing facility, any visible air pollutant whose opacity or pollutant amount exceeds the standard specified in Schedule 5 of these regulations. (b) No person shall emit or cause to be emitted from any air pollutant source at a new facility any visible air pollutants whose opacity or pollutant amount exceeds the limits specified in Schedule 6 of these regulations. (c) Exemptions The opacity limits specified in Schedules 5 and 6 shall not apply to the following: Uncombined or uncondensed water vapour; Emissions during start up and shutdown operations; Permitted open burning; Burning of sugar cane fields for harvesting Visible emissions during malfunctions (d) Visible emissions during the cleaning of a firebox or the building of a new fire, sootblowing, equipment changes, ash removal, and rapping of precipitators may exceed the limits in this section for a period of not more than six (6) consecutive minutes in any hour, or more than six hours in any 10-day period. This exemption shall not apply to sources that comply with the alternate particulate emissions mass rate standard. (38) Fugitive Particulate Emission Guidelines (a) No owner or operator of a Major or Significant Facility or any person shall cause or permit the emission of particulate matter or visible emissions that: will cause damage to property; causes substantial loss of enjoyment of the normal use of any property; or adversely interferes with the normal conduct of any business. (b) Every owner or operator of a facility with one or more air pollutant source or activity shall employ such control measures and operating procedures as are necessary to minimise fugitive emissions into the atmosphere. The owner or operator shall use available practical methods which are technologically feasible and economically reasonable and which reduce, prevent and control fugitive emissions so as to facilitate the achievement of the maximum practical degree of air purity. (39) Priority Air Pollutants Guidelines (a) The pollutants listed in Schedule 7 are declared Priority Air Pollutants. [CSD11] (b) The major source categories of industrial sources and the subcategories of sources of Priority Air Pollutants are, respectively, listed in regulation 4 (c). (c) Owners or operators of existing facilities with sources that emit or have the potential to emit significant amounts of any priority air pollutant may be required as a condition of a Air Pollutant Discharge Licence to measure such emissions and to develop and implement a plan to control such priority air pollutant emissions in accordance with ambient air quality emission guidelines established by the Authority. (40) Odour Guidelines Any person who shall cause or allow the generation of any odour from any source which may unreasonably interfere with any other property owner's use and enjoyment of his property must use recognised good practice and procedures, including any Guidelines for Reducing Odours published by the Authority, to reduce these odours to a reasonable minimum. (41) Sulphur content of fuels Standard (a) No person or owner or operator of a new source at a Major or Significant Facility shall burn residual oil fuel (Nos 5 or 6) containing over 2.2 percent sulphur by weight as fired except as specified in paragraph 12(e). (b) No person or owner or operator of an existing source shall burn residual oil fuel (Nos 5 or 6) containing over 3 percent sulphur by weight as fired. Those existing facilities with permit conditions that specify the fuel with specified sulphur content lower than 3 percent will be required to continue to satisfy those conditions. (c) No person or owner or operator of an existing or new facility shall burn light oil fuel (Nos. 1 or 2) containing over 0.5 percent sulphur by weight as fired in an existing source or in a new source. (d) No person or owner or operator shall burn medium oil fuel (Nos. 3 or 4) containing over 1.1 percent sulphur by weight as fired in an existing source or in a new source. (e) New or existing facilities with new sources or a combination of new and existing sources where one or more such fuel combustion sources operate such that sulphur dioxide is absorbed by virtue of coming in contact with a product or with a scrubbing device or other material, may burn heavy fuel oil with no more than 3% sulphur provided that the actual total sulphur dioxide emissions from the entire facility are less than the allowable sulphur dioxide emissions [CD12] . The allowable sulphur dioxide emissions are the sum of the following four amounts: (i) SO2 emissions from all new sources at the facility based on actual fuel used by new sources using 2.2% residual oil without any absorption of SO2 (ii) SO2 emissions from existing sources based on actual fuel used by new sources using 3.0% residual oil without any absorption of SO2 (iii) SO2 emissions from new or existing sources based on actual fuel used by new sources using 1.1% medium oil without any absorption of SO2 (iv) SO2 emissions from new or existing sources based on actual fuel used by new or existing sources using 0.5% light oil without any absorption of SO2 (42) Reporting Sulphur Content of Fuels (a) Any person who imports or receives for use distillate oil, residual oil, medium oil, or coal in Jamaica must submit to the Authority quarterly reports itemising the quantity, sulphur content, ash content and heat content for each shipment of such fuel. It is the responsibility of the person importing or receiving such fuel to maintain a record of the certified fuel analyses upon which the quarterly reports are based and provide the user a copy of the certification. (b) Any person who uses residual oil or bituminous or sub-bituminous coal shall maintain certification records of the fuel analysis provided by the supplier or performed by the user of the fuel. (i) Methods for the sample collection and analysis of fuels shall be made by methods and procedures and conditions specified in Regulations 45 through 53. (c) Penalty for using fuel with higher than allowed sulphur content (i) Every owner or operator of a source who uses fuel with sulphur content greater than specified in regulation 12 shall be guilty of an offence and on summary conviction shall be liable to a penalty not less than two times the difference between the cost of the amount of fuel used and the cost of an equal amount of fuel with the allowable sulphur content nor more than ten times the difference between the cost of the amount of fuel used and the cost of an equal amount of fuel with the allowable sulphur content. STACK EMISSIONS MONITORING METHODS (43) Applicability: These monitoring methods are to be used for measuring emissions of pollutants into the air from stacks and other sources. The measurements may be required by the Authority for one or more of the following: (a) Applications for Air Pollutant Discharge Licences in the Air Pollutant Discharge Licence Regulations (b) Stack emission monitoring to satisfy monitoring and reporting requirements or conditions of Air Pollutant Discharge Licences in the Air Pollutant Discharge Licence Regulations (c) Estimation of emissions for the purpose of calculating annual air pollutant discharge fees in the Air Pollutant Discharge Licence Regulations (d) Estimation of total licensed discharges and /or discharge rates in the Air Pollutant Discharge Licence Regulations (e) Assessing compliance with stack emission standards and targets in the Stack Emission Standards and Targets, Fuel Sulphur Content and Odour Regulations (f) Any other monitoring and reporting requirements as may be specified by the Authority from time to time. (44) Air Pollutants: The Authority may require that any of the Pollutants and parameters listed in Schedules 5 and 7 are to be measured as stated in section 43 above. (45) Stack Emission Test Methods and Pretest Protocol Plan (a) The Stack emission test methods and procedures for each of the pollutants in Schedules 5 and 7 shall be measured as applicable according to the methods specified in Schedule 8 of these regulations. Alternate methods or test conditions other than maximum normal operating conditions may be used provided the owner or operator submits to the Authority a Pre-test Sampling Protocol Plan and obtains prior approval of the Authority before undertaking measurements by such methods or under such conditions. The Authority shall determine the acceptability of such alternate methods or procedures. (b) Pre-test sampling Protocol Plan Without prejudice to 45(a) any person or owner or operator of a Major or Significant Facility with sources of Air Pollutants and who is required to conduct performance emission testing as stated in section 43, shall submit to the Authority a Pre test Sampling Protocol Plan. The plan shall indicate the program objectives, any proposed deviations from test methods or test conditions, justification including documentation for alternate test methods or test conditions, sampling locations, sampling and analytical procedures, quality assurance and quality control activities, reporting and data reduction, plant entry and safety, personnel responsibilities, the proposed test schedule, and a list of test methods. (c) The Authority shall, after evaluating the Pre-test Protocol Plan, within 90 days of the submission, approve the plan with conditions or disapprove the plan and inform the applicant of required changes. The conditions may include but not be limited to: (i) Inspection of the test site; or (ii) Reasonable modifications to the stack or duct to obtain acceptable test conditions; (iii) Additional tests to allow for adverse conditions such as interferences, nonsteady or cyclic processes; (iv) The keeping of process operating parameter records, operating logs, or charts during the test; (v) Conditions on control equipment operation to make the operation of control equipment representative of normal operation; and (vi) The recording of specified control equipment operating parameters during the test. (c) If the Authority requires modification to the test methods, analytical methods, operational parameters, or other matters included in the test protocol, the source operator shall be notified by letter at least fifteen days (15) prior to the proposed test date. If the source operator desires to change any previously submitted procedures or conditions, the Authority shall be notified of such change thirty (30) days prior to the intended test date, and such changes shall not be made unless approved by the Authority prior to the test. (46) Stack Emission Measurements Measurements for the following shall be made by one of the methods in accordance with Schedule 8 of these regulations as appropriate: (a) Opacity (b) Particulate matter (c) Sulphur Dioxide (d) Carbon Monoxide (e) Nitrogen Oxides (f) Sulphuric Acid Mist (g) Lead (h) Sulphur compounds (i) Measurement of Priority Air Pollutants (j) Analysis Of Residual Fuel Oils And Solid Fuels (k) Sulphur content of fuels and other fuel characteristics (47) Performance Test Requirements (a) Each performance test shall consist of at least three separate runs conducted or samples collected using the applicable test method. Each run shall be conducted or each sample collected while the source is operating at a similar maximum normal production level and under the conditions suitable for the applicable standard or target. For the purpose of determining compliance with an applicable standard or target the arithmetic mean of results of at least three (3) runs shall apply at the significance level of the standard or target. (b) All performance tests shall be conducted while the source of air pollutants is operating at maximum normal operating conditions, or under such other conditions, within the capacity of the equipment, as may be requested by the Authority which may include source-operating periods of start up, shutdown, or such other operations, excluding malfunction, specific to certain sources. The owner or operator shall make available to the Authority such records as may be necessary to determine the conditions of source operation that occurred during the period of time of the performance test. (48) Authority to take samples (and/or to Witness Tests) (a) Notice by Owner or Operator for NRCA To Witness Tests The owner or operator of a facility shall provide the Authority with at least 30 days prior written notice of the exact date of any performance test required under the licence to afford the Authority the opportunity to have an authorized officer present. (b) Stack Emission Tests Made By The Authority at a Facility (i) Any authorized officer [CD13] of the Authority may obtain samples and/or make measurements of stack emissions or of fugitive emissions. (ii) Where the Authority wishes to conduct tests of any source to determine compliance with the emission targets or standards, the owner or operator shall provide, at no expense to the Authority, reasonable and necessary openings in stacks, vents and ducts, along with safe and easy access thereto, including a suitable power source to the point of testing. (iii) The owner or operator of the source to be tested shall provide Authority with such data as may be required to establish test conditions. (iv) Where the Authority wishes to conduct tests of any source, the Authority shall - provide the owner or operator with written notice of the performance of any test required by the Authority. - prepare a pretest plan including the approximate date of the tests and provide the owner or operator with a copy of the pretest plan prior to the scheduled conduct of the test. - notify the owner or operator within 30 days of the final dates of the tests. The owner or operator may waive the minimum 30 days notice requirement provided that arrangements satisfactory to the owner are made for less notice. (49) Stack Emission Recording And Reporting Requirements (a) The results of the emissions sampling and analysis shall be expressed in units consistent with the emission standards or targets as set forth in these Regulations and in any conditions imposed in licences. All results to be in metric units. (b) Measurements of emissions into the atmosphere from stacks, vents or other air pollutant sources that are reported to the Authority for satisfying compliance tests or other conditions of licences or voluntary actions, shall be reported to the Authority in the form of a test report including the following information: i) The reported testing methods and results certified as true, accurate, and in compliance with this regulation by the person responsible for conducting the emissions test. ii) Names of participating organizations iii) Name and location of the facility and the source within the facility tested, the purpose of the tests, the test participants and their titles, and the date of the performance test iv) A summary of the results showing emission rates for each pollutant and a comparison with applicable emission standards or targets and any emission limits in the licence. v) A description of the facility or facilities being tested, the type of process and control equipment utilised, the source name and location (vi) A description of the process sampled and associated emission control devices referenced to process ID, and locations at which sampling took place consistent with information provided in the associated Air Pollutant Discharge Licence application or licence. (vii) A schematic of each location sampled including duct diameter, direction of flow, dimensions to nearest upstream and downstream disturbances (include number of duct diameters), location and configuration of the sampling ports, nipple length and port diameters, and number and configuration of traverse points (viii) Confirm that the sampling location(s) meet the criteria as set out in the test methods referenced in Schedule 8, if not, give reasons and discuss effect on results. (ix) Discuss any special traversing or measurement schemes. (x) A process flow diagram, maximum design capacities, a fuel analysis and heat value for heat input rate determinations, process and control equipment operating conditions, a discussion of variations from normal plant operations, and stack height, exit diameter, volumetric flow rate, exit temperature, and exit velocity. All data must be reported in metric units. (xi) A description of sampling methods used (xii) A brief discussion of the analytical procedures with justifications for any variance from reference method procedures, (xiii) The specification of the number of sampling points, time per point, and total sampling time per run, a cross-sectional diagram showing sampling points, a diagram showing stack dimensions, sampling location and distance from the nearest flow disturbance upstream and downstream of the sampling points, and a diagram of the sampling train. (xiv) Results and calculations in units consistent with the applicable emission limits with one (1) complete calculation using actual data for each type of test performed (xv) The tabulated data and results of the process weight rate or heat input rate in metric units, the referenced or derived conversion factors, the stack gas flow rate, the measured emissions given in units consistent with the applicable emission limits, the visible emissions observations or six (6) consecutive minute average continuous opacity monitor readings, and the average value of emissions from any continuous gaseous emissions monitoring system in units consistent with the applicable emission limits, if applicable to the pollutant being tested. (xvi) Quality Assurance Procedures (xvii) Appendices with raw data and details of calculations including: - Raw production data signed by the source official - Photocopies of all raw data - A chain of custody report - Copies of all calibration data (xviii) For particulate matter tests, copies of visible emissions evaluations or opacity monitor readings, and, for gaseous pollutant tests, copies of any continuous gaseous emissions monitoring system readings during the tests. (xviii) All emission test reports must be received by the Authority within ninety (90) days of the completion of the testing. An extension may be granted by the Authority, if the source submits to the Authority a reasonable written explanation for the requested extension within five (5) days prior to the end of the initial ninety (90) day period. (50) Continuous Emission Monitoring System (CEMS) Requirements (1) Owners or operators of the following sources shall install, calibrate, maintain and operate equipment for continuously monitoring and recording those emissions as specified in this paragraph according to methods specified by the authority. (a) Fossil fuel-fired steam generators burning solid fuels shall monitor: (i) Opacity, except where the steam generator capacity is less than 73.275 MW heat input; (ii) Sulphur dioxide, carbon monoxide and nitrogen oxides except where steam generator capacity is less than 73.275 MW heat input or if sulphur dioxide control equipment is required. (iii) Percent oxygen or carbon dioxide where such measurements are necessary for the conversion of sulphur dioxide, carbon monoxide or nitrogen oxides continuous emission monitoring data. (b) Fossil fuel-fired steam generators burning gaseous fuels shall monitor: Nitrogen oxides except where the heat input is less than 73.275 MW (c) Sulphuric acid plants shall monitor: Sulphur dioxide where production capacity is more than three hundred tonnes per day, expressed as one hundred percent sulphuric acid, except for those facilities where conversion to sulphuric acid is utilised primarily as a means of preventing emissions to the atmosphere of sulphur dioxide or other sulphur compounds. (d) Fluid bed catalytic cracking units catalyst regenerators at petroleum refineries shall monitor Opacity (e) Any air pollutant source referred to in regulation 4(a) having emission control equipment and whose uncontrolled particulate matter emissions would exceed the particulate matter emission standard for that source shall monitor PM and opacity [CD14] . (2) Continuous Emissions Monitoring Systems (CEMS) may be required by the Authority for any new or existing source or facility as part of a control order served under section .....(63) of these regulations. (3) The CEMS equipment shall be installed in a location, which is in accord with sound engineering practice that will provide for accurate emission readings. The averaging times for these monitors shall correspond to the averaging times for the appropriate emission standards or targets. (51) Performance Requirements For Continuous Emission Monitoring Systems (CEMS) (a) Any monitoring system for CEMS must satisfy the performance requirements in accordance to the methods specified by the authority. The facility must maintain records of all such testing for a period of not less than two years which shall be available for inspection by any authorized officer. (b) Owners or operators of any source that are required to install a CEMS under section 50 (1), shall complete the installation and all performance testing of CEMS within two years of the effective date of this regulation for existing sources and within one year after commencement of operation of new sources or major modifications of existing sources. (c) The owner or operator of a facility required to install, maintain, and calibrate continuous monitoring equipment shall: (i) Prepare a schedule of the calibration and maintenance of the continuous monitoring system. (ii) Prepare and submit annual reports of emissions measured by the CEMs as required in the terms and conditions of licences. (52) CEMS Malfunctions. (a) The owner or operator of any source or facility that are required to install maintain, and calibrate continuous monitoring equipment shall notify the Authority within two days of such malfunction of any CEMS. This report shall consist of the following information and/or other reporting requirements as specified by the Authority. (i) The date and time identifying each period of equipment malfunction (ii) The nature of the system repairs or adjustments, if any, made to correct the malfunction. (b) An owner or operator of any source may request to be temporarily exempted from the monitoring and reporting requirements of regulation (50) and (51) during periods of monitoring system malfunctions. The Authority may grant such exemption provided that the source's owner or operator shows to the satisfaction of the Authority that the malfunction was unavoidable and is being repaired as expeditiously as practicable. AMBIENT AIR QUALITY MONITORING AND ASSESSMENT (53) Applicability (a) Ambient Air Quality Assessment and Monitoring may be required by the following: (i) Owners or operators of existing and proposed Major and Significant Facilities shall conduct air quality assessments as a requirement for submitting an application for an Air Pollutant Discharge Licence. (ii) Owners or operators of existing Significant and Major Facilities shall conduct air quality assessments to evaluate compliance with ambient air quality standards and stack emission standards and stack emission targets. (iii) Owners or operators with licenses to discharge air pollutants that are required to conduct an air quality assessment or ambient monitoring as a condition of the licence. (iv) Owners or operators with Licenses to Discharge Air Pollutants that are required to conduct an air quality assessment or ambient monitoring as a condition of an application to undertake major modifications to any of their sources. (v) The Authority or any person or body to whom it delegates its authority when such persons or bodies are conducting ambient air quality monitoring and air quality assessments. (g) Other sources or facilities that the Authority establishes that are not in compliance with ambient air quality standards or stack emission standards or with stack emission targets and whose control will prevent or alleviate air pollution episodes. (h) Cases where the Authority establishes that one or more air pollutants may cause injury to human, plant, or animal life, or injury to property, or which may unreasonably interfere with the comfortable enjoyment of life or property or with the conduct of business. (54) Requirements for Ambient Air Quality Monitoring and Assessments (a) The methodologies for Ambient Air Quality Assessments are those set out in the most recent version NRCA document Ambient Air Quality Guideline Document. (i) The Authority shall require, as part of an Ambient Air Quality Assessment, air dispersion modelling, and may require ambient air quality and meteorological monitoring as set out in the most recent version NRCA document Ambient Air Quality Guideline Document. (ii) Persons required to conduct ambient air quality monitoring shall submit an Air Quality Monitoring Plan and shall provide documentation and reporting of the monitoring program set out in the most recent version NRCA document Ambient Air Quality Guideline Document (b) Owners or operators of existing Significant Facilities shall conduct screening modelling and: (i) Where the maximum predicted ground level concentration of an emitted pollutant plus the background concentration is less than or equal to 75% of the applicable National Ambient Air Quality standard (for any criteria pollutant) or objective (for any Priority Air Pollutant), the owner or operator shall proceed with the application for an Air Pollutant Discharge Licence. (ii) Where the maximum ground level ambient concentration plus the background concentration predicted by a screening model is greater than 75% of the applicable National Ambient Air Quality standard (for any criteria pollutant) or objective (for any Priority Air Pollutant), the owner or operator shall conduct stack tests as appropriate except as noted in section 54(d) and revise the screening model estimates based on such tests before continuing with the application for an Air Pollutant Discharge Licence. (iii) Where the stack tests show that any stack emission standard or target is exceeded, the owner or operator shall be required to prepare a Compliance Plan as a condition of the Air Pollutant Discharge Licence. (iv) Where the stack tests show that no stack emission standard is exceeded, the owner or operator shall proceed with the application for an Air Pollutant Discharge Licence. (v) Where the maximum predicted ground level ambient concentration from the screening modelling plus the background concentration is greater than the applicable National Ambient Air Quality standard (for any criteria pollutant) or objective (for any Priority Air Pollutant), the owner or operator shall conduct detailed modelling as a requirement for completing the application for an Air Pollutant Discharge Licence or for completing the air quality assessment. (vi) Where the maximum predicted ground level ambient concentration from the detailed modelling plus the background concentration show that any ambient air quality standard is exceeded, the owner or operator shall be required to prepare a Compliance Plan as a condition of the Air Pollutant Discharge Licence. (c) Owners and operators of existing, new or proposed Major or Significant Facilities for which screening modelling is not appropriate as specified in the NRCA Guideline Document shall conduct detailed dispersion modelling. (i) Where the maximum predicted ground level concentration plus the background concentration is less than or equal to 75% of the applicable National Ambient Air Quality standard (for any criteria pollutant) or objective (for any Priority Air Pollutant), the owner or operator shall proceed with the application for an Air Pollutant Discharge Licence or air quality assessment. (ii) Where the maximum ground level ambient concentration plus the background concentration predicted by a screening model is greater than 75% of the applicable National Ambient Air Quality standard (for any criteria pollutant) or objective (for any Priority Air Pollutant), the owner or operator shall conduct stack tests as appropriate, except as specified in 54 (d), and conduct detailed modelling for completing the air quality assessment before continuing with the application for an Air Pollutant Discharge Licence. (d) Stack tests are not required for estimating emissions of sulphur dioxide from any fuel combustion process burning heavy, residual, distillate, medium or light fuel oils or natural gas where the exhaust gases are emitted directly into the atmosphere and do not come in contact with any process stream, such as in cement kilns, alumina kilns and lime kilns, that may remove sulphur dioxide. (e) Any application for permission to construct a new source or facility or for proposed major modifications to any existing source shall not be approved when the impact predicted by the dispersion model is significant except that approval(s) may be granted in locations where the predicted impact based on detailed dispersion modelling plus the background concentration is less than or equal to 75% of the applicable NAAQS, and the source emissions do not exceed any applicable stack emission standards. (f) For existing sources, where the maximum ground level ambient concentration is predicted by the detailed model to cause an exceedance of an NAAQS, the Facility will be required to prepare a Compliance Plan as a requirement for the application for an Air Pollutant Discharge Licence. Conditions of the licence shall include ambient and stack emission monitoring and reporting. (g) Where the stack test results show a pollutant is emitted at a level above the applicable emission standard or target, the owner or operator of the facility will be required to prepare a Compliance Plan as a requirement for the application for an Air Pollutant Discharge Licence. (55) Requirements for owners and operators of new or existing facilities that use renewable fuels for 80 per cent or more of their annual fuel requirements: (a) Owners and operators of new or existing Major or Significant Facilities that use renewable fuels for 80 per cent or more of their annual fuel requirements shall: (i) Develop a plan for optimising combustion efficiency. The plan shall indicate current practices, targets for optimisation and milestones for indicating progress towards achieving the targets. (ii) Report no less than every 6 months on progress. (56) Methods for measuring ambient air pollutant concentrations (a) Measurement shall be made by methods with the minimum specifications given in 54(b). (b) Ambient concentrations of air pollutants shall be monitored using methods that have the minimum Performance Specifications listed in Schedule 9 as published by the Authority by a notice in the gazette. (c) Measurements of ambient concentrations of PM, PM10, sulphur dioxide, carbon monoxide, ozone, nitrogen oxides, and lead shall be made by the methods listed in Schedule 10 as published by the Authority by a notice in the gazette, or by such other equivalent methods approved by the Authority that meet the data quality objectives in Regulation 59. (d) The Authority will compile and maintain a current list of U.S. EPA reference and designated methods and make the list available to those required to conduct ambient monitoring and for criteria and priority air pollutants. (57) Methods for measuring meteorological parameters (a) Measurements of meteorological parameters will be required when detailed Air Quality Assessments are required and site-specific meteorological data are required. Guidelines for the siting, station operation and maintenance shall be in accordance with the procedures for the NEPA Guideline Document. Non Compliance With Regulations (58) Warnings, Control Orders and Prosecution (a) The Authority after due investigation of public complaints, examination of reports required as conditions of licences, or through its own investigations, shall as it sees fit, issue warnings, control orders, or prosecute persons who do not comply with the requirements of these Regulations. (59) Consequences of non-compliance with regulations (a) The owner or operator of each facility to which these Regulations apply shall ensure that the facility and each source in the facility are operated in accordance with all terms and conditions of the licence. Non-compliance with any term or condition of the licence or with any part of these regulations shall constitute a violation of these Regulations and the Authority shall issue a warning notice stipulating the nature of the breach, remediation action, timeframe and any other action the authority shall deem fit. Failure of the owner or operator to comply with the warning notice may result in the Authority doing any of the following:- (i) Issue a control order, (ii) Apply administrative penalties, (iii) Suspend or revoke a licence (iv) Deny a licence renewal application (v) Apply to the Supreme Court for an injunction to close down a facility or source (60) Procedure for Revocation and Suspension of a Licence (a) The Authority may as it thinks fit appropriate by notice address to the owner or operator revoke or suspend a licence if it is satisfied that: (i) A breach of any term of condition or condition implied or expressed subject to which the licence has been granted has been committed. (ii) The licensee ceases operations so however that the licensee shall be liable in respect of any pollution that may be traceable to the licensed activity. (iii) The licensee fails to pay any fees due and payable to the Authority in respect of the licence. (iv) The licensee wilfully submitted any false or misleading information and omitted any relevant information or if there is any attempt or deliberate instance of falsification of any record of environmental monitoring (v) Failure to obey a control order (vi) Failure to submit and comply with a Fugitive Particulate Emissions Control plan or a Compliance Plan (b) The Authority shall serve the licensee with a notice specifying the breach or the default on which the Authority relies and require the licensee to remedy it within such time as is specified in the notice and inform the licensee that he may apply to the Authority to be heard within such time as may be specified in the notice The Authority shall not be obliged to serve a notice in relation to any breach if a control order is in effect in relation to any breach (61) Deny a licence renewal application (a) The Authority may deny an application for a renewal of a licence where: (i) The licensee fails to pay any fees due and payable to the Authority in respect of the licence. (ii) The licensee wilfully submitted any false or misleading information and omitted any relevant information or if there is any attempt or deliberate instance of falsification of any record of environmental monitoring (iii) Failure to obey a control order (iv) Failure to submit and comply with a Fugitive Particulate Emissions Control plan or a Compliance Plan (62) Revocation of a license or use of a control order (a) Any facility that resumes operation after being inactive for more than two years after having been shut down by the issuance of a control order or after revocation of a licence for the purpose of eliminating emissions which violated any applicable stack emission standard or target control regulation or any regulation for the control of Priority Air Pollutants shall be treated as a new facility. (63) Control Orders (a) The Authority after due investigation of public complaints, examination of reports required as conditions of licences or permits, or through its own investigations, shall as it sees fit, issue warnings, control orders, or prosecute persons who do not comply with the requirements of these Regulations. (b) The Control Order shall specify the relevant breach of the Regulations and requiring such steps as may be specified in the order to be taken within such period as may be so specified to ameliorate the effect of the breach. The order may where appropriate require the immediate cessation of the breach. The order may be mandatory or prohibitory or used to prevent the occurrence of any breach. (c) A Control Order shall be issued according to the requirements in Schedule 3. (d) Contravention of a control order: Any person who contravenes a control order shall be liable for a first indictable offence on conviction to a fine of $1,000,000.00 or to imprisonment for a term not exceeding 3 years and on conviction of a second or subsequent offence to a fine of $2,000,000. or to imprisonment for a term not exceeding 5 years. (64) Compliance Plan (a) If a compliance plan is required by the control order, the owner or operator of the facility to whom the Control Order is issued must submit a Compliance Plan within 90 days of receipt of the Control Order. (b) The Authority shall, within 90 days of receiving a Compliance Plan as a requirement of a Control Order indicate in writing whether or not the Compliance Plan is approved. (65) Fugitive Emissions Control Plan (a) A Fugitive Emission Control Plan must be submitted within 90 days of a Control Order notice to provide such a Fugitive Emission Control Plan. Notwithstanding the provisions of paragraph [CD16] …. a) Any person who (i) Knowingly provides false or misleading information pursuant to a requirement under this regulation to provide information, or (ii) Fails to provide information as required under these regulations, or (iii) Failure to allow access pursuant to regulation v) Failure to provide information required under these regulations vi) Any person who assaults or obstructs a duly authorized officer acting in the execution of his duty commits an offence shall be liable to conviction before a Resident Magistrate to a fine not exceeding or to imprisonment. vii) Failure to report pollution incidents within 24 hours pursuant to Regulation 21 d viii) Discharging air emissions without a licence pursuant to Regulations 6 shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding $1,000,000.00 or to imprisonment for a term not exceeding 5 years b) Owners or operators of new Major or Significant Facilities or who have made Major Modifications to existing sources, with emissions in excess of stack emission standards or who cause or permit ambient air quality standards to be exceeded shall be liable to prosecution. c) Owners or operators of existing facilities with sources that are in compliance with emission targets and which meet ambient air quality standards at the time of application for an air pollution discharge licence and which subsequently have source or sources that exceed emission targets or sources that cause ambient air quality standards or guideline concentrations to be exceeded will be liable to prosecution. Owners or operators of existing facilities with sources which at the time the application for an air pollution discharge licence, exceed any emission target will not be liable for prosecution provided the owner /operator has submitted a compliance plan along with the licence application and continues to meet all of the milestones or other conditions specified in the Compliance Plan. d) The Authority may recommend fines based on the amount of the excess emissions taking into consideration the pollution control or pollution prevention costs. (67) Enforcibility of Terms and Conditions a) The terms and conditions of the Air Pollutant Discharge Licence shall be enforceable by the Authority and may be utilised to implement and enforce all requirements and conditions incorporated in the Air Pollutant Discharge Licence. (68) Administrative Penalties (a) The Authority may issue Administrative penalties only for those offences that do not directly result in increased emission of any air pollutant. The offences in relation to which administrative penalties may be payable are set out in Schedule 11 [CD17] . (b) The total amount of an administrative penalty set out in a written notice delivered to an alleged offender shall be the product of the amount of the daily administrative penalty of $5000, and the number of days during which, in the opinion of the Authority, the alleged offence continued measured from the date on which the notice of the Administrative penalty was issued. (c) Any owner or operator that has more than three administrative penalties levied for the same or similar offences in the course of one calendar year shall at the discretion of the Authority be prosecuted. (69) Other Penalties (a) For offences that do not have a prescribed fine under these regulations, any owner or operator shall be liable on a conviction indictable offence to a fine of not more than J$2,000,000* or to imprisonment for a period of not more than 3 years, or to both a fine of not more than J$2,000,000. 00 and imprisonment for a period of not more than 3 years. (70) Dispute Resolution (a) Any licensee who considers himself or herself aggrieved by a decision by the Authority regarding the license conditions (Regulation 16) or the amount of the Air Pollutant Discharge fees (Regulation 21(e) and 22 may within 20 days after the date of issuance of the licence, submit a written notification to the Authority for dispute resolution . If any grievance has not been resolved within 30 days of the notice by the aggrieved party then the licensee may appeal to an Appeals tribunal pursuant to section 34 of the NRCA (Needs to be amended to be given this power). Where the licensee feels that the schedule for compliance or any other term or conditions that the Authority imposes is unreasonable, the licensee must within 30 days of the issuance of the Authority’s reasons for not approving the compliance Plan, advise the Appeal Tribunal of the specific terms and conditions to which the licensee objects. The decision of the Appeals Tribunal shall be final. Emissions Inventory (71) National Emission Inventory: (a) The Authority has a duty to develop a national emission inventory to track air quality within identified air sheds and emissions and make such inventory available to the public and provide a report containing information on air quality to the Minister responsible for the Environment every year. The Minister shall present the report to the House no less frequently than every three (3) years. (72) Air Pollutant Discharge Licence Register (a) The Authority shall maintain a register of all applications for Air Pollutant Discharge Licences including Compliance Plans with an alphabetical index of the names of all persons applying for an Air Pollutant Discharge Licence and the current status of the application. For each entry in the register, the Authority shall maintain a Dossier of each application (the Air Pollutant Discharge Licence Register), all non-confidential correspondence and non-confidential information concerning the application, approved licences including terms and conditions of the licences, any notifications of rejected licence application, and any control orders for the facility. A copy of the register shall always be maintained in the possession of the Authority and except for confidential information as provided in paragraph 27, shall be made available to the public as provided for in the following paragraph. (i) The register shall be made available for inspection by the public at the premises of the Authority and by other means as the Authority deems fit. ii) There shall be no fee for the inspection of the Air Pollutant Discharge Licence Register (iii) If any officer of the Authority is requested to conduct the search then the person shall pay a fee of $100, for the conduct of such search. (iv) The Authority shall, upon the request of any person and upon payment of a fee of $50 per page, provide any person with a copy of any information in the Register. -0- Air Quality Regulations (2001) AIR POLLUTANT DISCHARGE LICENCE APPLICATION To be completed by Applicant for: 1) APPLICATIONS FOR A LICENCE TO DISCHARGE AIR POLLUTANTS (LICENCE) MUST BE SUBMITTED BY OWNERS OR OPERATORS OF EXISTING MAJOR AND SIGNIFICANT FACILITIES AS SPECIFIED IN THE REGULATIONS. 2) APPLICATIONS FOR LICENCE RENEWALS MUST BE SUBMITTED NOT LATER THAN THE 60 DAYS PRIOR TO THE EXPIRATION DATE. 3) OWNERS OR OPERATORS OF PROPOSED MAJOR OR SIGNIFICANT FACILITIES OR WHO PROPOSE TO MAKE MAJOR MODIFICATIONS TO EXISTING FACILITIES MUST SUBMIT AN APPLICATION FOR A LICENCE NO LATER THAN 60 Days MONTHS PRIOR TO COMMENCEMENT OF OPERATION. The completed licence application form must be submitted to: Pollution Control and Waste Management Division National Environment and Planning Agency 10 Caledonia Avenue, Kingston 10.
Shaded areas above to be completed by NEPA staff GENERAL OWNER AND PLANT INFORMATION
GENERAL OWNER AND PLANT INFORMATION (Continued)
GENERAL OWNER AND PLANT INFORMATION (Continued)
* Do not include fuels used for on-road (public road) transportation. Do include fuels used for off road (e.g., agricultural, mining use)
# Exclude electrical energy generated
on-site from fuels or from renewable sources listed below
SUMMARY OF SOURCE AND MAXIMUM PLANT CAPACITY EMISSION INFORMATION 20. Regulated Air Pollutant Sources (Add similar pages as need for additional sources)
20a Summary of Greenhouse Gas Emissions
21. Summary of Regulated Air Pollutant Emission Information During Maximum Capacity Operation
SUMMARY OF SOURCE AND MAXIMUM PLANT CAPACITY EMISSION INFORMATION 22. Priority Air Pollutant sources (Complete for all new sources or modification to existing sources or if required by a licence condition or control order in the case of existing sources)
23. Summary of Priority Air Pollutant Emissions during Maximum Capacity Operation (Indicate pollutants using CAS number as column headings for columns 2, 3 and 4 and name in each row with pollutant in column 1. Add similar pages to this one as may be needed for additional pollutants)
SUMMARY OF SOURCE AND MAXIMUM PLANT CAPACITY EMISSION INFORMATION (Continued)
APPLICABLE MONITORING AND REPORTING REQUIREMENTS (Continued)
Schedule 2 Air Quality Regulations (2001) LICENCE TO DISCHARGE AIR POLLUTANTS Licence No: .................................. The Natural Resources Conservation Authority, in accordance with the Natural Resources Conservation Authority Act, pursuant to an application completed on the ___ day of ________ , ____, HEREBY GRANTS a Licence to: Owner (Legal) name: ________________________________ Address ___________________________ ___________________________ ___________________________ Phone No.: ( ) __________________ FAX No.: ( ) __________________ With facilities located at Facility name ___________________________ Address ___________________________ ___________________________ ___________________________ ORIGIN This permit is based on an application submitted on the __ day of _________, ____ and was competed on the __ day of ____. TYPE OF BUSINESS The ________________ conducts EMISSION DISCHARGE LIMITS This licence is granted for the discharge of the following pollutants with anticipated annual discharge rates and up to the maximum amounts shown. SUMMARY OF MAXIMUM ANNUAL EMISSIONS FOR THE LICENCE PERIOD ____ to ____
LICENCE CONDITIONS This licence is issued under the following conditions: General conditions Annual reporting of emissions Payment of discharge fees Reporting of excess emissions Notice of maintenance activities that could result in excess emissions Notice for compliance monitoring Facility-Specific Conditions Specific Monitoring and reporting requirements Stack Specific emission point identifiers Parameters to be monitored and frequency Ambient Parameters to be monitored and frequency Specific emission point identifiers) Parameters to be monitored and frequency Compliance requirements Compliance targets and milestones and reporting Fugitive Emission Control Plan monitoring and reporting Record keeping requirements Notes Dates this __ day of ________________, ____ SEAL Signature of authorized officer of the Authority Schedule 3 Air Quality Regulations (2001) CONTROL ORDER Licence No: yySSnnn The Natural Resources Conservation Authority, in accordance with the Natural Resources Conservation Authority Act, pursuant to an application completed on the ___ day of ________ , ____, HEREBY ORDERS: Owner name: ________________________________ Address _______________________ _______________________ _______________________ Phone No.: ( ) _________________ FAX No.: ( ) __________________ With facilities located at Facility name ___________________________ Address: ___________________________ ___________________________ ___________________________ TO: Attach conditions on separate page(s) as appropriate Dates this __ day of ________________, ____ SEAL Signature of authorized officer of the Authority. Schedule 4 Air Quality Regulations (2001)) AIR DISCHARGE LICENSE FEES SCHEDULE Summary of Air Discharge License Fees (2001)
Schedule 5 Air Quality Regulations (2001) Stack Emission Targets for Existing Sources
Schedule 5 Stack Emission Targets for Existing Sources (Continued)
Schedule 6 Air Quality Regulations (2001) Stack Emission Standards for New Sources
(a) 20°C, 101.3 kPa, dry gas (b) STD = allowable NOx emissions (percent by volume at 15 percent oxygen and on a dry basis). Y = manufacturer’s rated heat rate at manufacturer’s rated load (kilojoules per watt hour) or, actual measured heat rate based on lower heating value of fuel as measured at actual peak load for the facility. The value of Y shall not exceed 14.4 kilojoules per watt-hour. F=NOx emission allowance for fuel-bound nitrogen as defined below.
where: N = the nitrogen content of the fuel (percent by weight). Or: Manufacturers may develop custom fuel-bound nitrogen allowances for each gas turbine model they manufacture. (c) 273°K, 101.3 kPa, dry gas (d) Rm3 refer to conditions of 25°C, 101.3 kPa corrected to 11%O2, dry basis. Schedule 7 Air Quality Regulations (2001) Ambient Air Quality Guidelines for Priority Air Pollutants
# Expressed as 2,3,7,8-Tetrachlorodibenzo-p-dioxin equivalents Schedule 8 Air Quality Regulations (2001) Test Methods for Stack Emission Monitoring 1 General Requirements Stack emission test methods and procedures for each of the pollutants shall be measured as applicable according to the methods specified in this Schedule. Alternate methods may be used provided the owner or operator obtains prior approval of the Authority before undertaking measurements by such methods. Failure to obtain prior approval may require the owner or operator to repeat measurements at the owner’s or operator’s expense. The owner or operator must provide the Authority with documentation of equivalence of the methods. The Authority shall determine the acceptability of such alternate methods by reference to Appendix B of Part 60, Title 40, United States Code of Federal Regulations, or Environment Canada - Protocol & Performance Specifications CEM (EPS 1/PG/7) or other specifications approved by the Authority. 2 Methods for CEM Owners and operators of the following categories of sources shall install, calibrate, maintain and operate equipment for continuously monitoring and recording those emissions specified in this paragraph according to Environment Canada EPS 1PG7 or equivalent. (a) Measurements by CEMs may be made by the following as appropriate: (i) Protocols for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation, Environment Canada Report EPS 1/PG/7 September 1993. (b) Performance Requirements For Continuous Emission Monitoring Systems (CEMS) Any opacity monitoring system must satisfy the performance requirements specified in “New Source Performance Standards Requirement For Opacity Continuous Emissions Monitoring Systems” (CEMS) as contained in U.S. Title 40 Code of Federal Regulations (CFR) Part 60, Appendix B, Performance Specification 1. In order to demonstrate compliance with Performance Specification 1, the system shall undergo performance specification testing as outlined in 40 CFR 60.13. The owner or operator of the facility will maintain records of all such testing for a period of not less than five years and must make such records available for inspection by NRCA. Opacity Measurements Opacity measurements shall be made by one of the following methods as appropriate: (c) Method 9—Visual determination of the opacity of emissions from stationary sources (d) A certified visible emissions observer measure and record three 6-minute averages of the opacity of visible emissions to the atmosphere in accordance with Method 9 of Appendix A of 40 CFR Part 60. Current certification of opacity readers for determining opacities under 40 CFR 60, Appendix A, Method 9, shall be accomplished by the successful completion of a visible emissions evaluator's course for opacity readers every six (6) months. (e) Alternate Method to Method 9, Light Detection and Ranging (40 CFR 60, Appendix A) Particulate matter Particulate matter (PM) measurements shall be made at a temperature in the range of 120 ± 14 °C (248 ± 25 °F) or such other temperature as specified by an applicable subpart of the standards or approved by the Authority for a particular application. The PM mass, which includes any material that condenses at or above the filtration temperature, is determined gravimetrically after removal of uncombined water. Particulate matter measurements shall be made by one of the following methods as appropriate: (f) Reference Methods for Source Testing: Measurement of Releases of Particulate from Stationary Sources, Environment Canada, Reference Method, EPS 1/RM/8, December 1993. (g) Method 5—Determination of particulate emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (h) Method 5A—Determination of particulate emissions from the asphalt processing and asphalt roofing industry published in the Federal Register of the United States of America, Part 40, Appendix A. (i) Method 5B—Determination of non-sulphuric acid particulate matter from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (j) Method 5D—Determination of particulate emissions from positive pressure fabric filters published in the Federal Register of the United States of America, Part 40, Appendix A. (k) Method 5E—Determination of particulate emissions from the wool fiberglass insulation manufacturing industry published in the Federal Register of the United States of America, Part 40, Appendix A. (l) Method 5F—Determination of non-sulphate particulate matter from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (m) Method 17—Determination of particulate emissions from stationary sources (in-stack filtration method) published in the Federal Register of the United States of America, Part 40, Appendix A. (n) Method 201A - PM10 - In-stack, Constant Rate Sampling Procedure. (o) Method 202 - Condensable Particulate Matter Sulphur Dioxide Sulphur dioxide measurements shall be made by one of the following methods as appropriate: (p) Method 6—Determination of sulphur dioxide emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (q) Method 6A—Determination of sulphur dioxide, moisture, and carbon dioxide emissions from fossil fuel combustion sources published in the Federal Register of the United States of America, Part 40, Appendix A. (r) Method 6B—Determination of sulphur dioxide and carbon dioxide daily average emissions from fossil fuel combustion sources published in the Federal Register of the United States of America, Part 40, Appendix A. (s) Method 6C—Determination of Sulphur Dioxide Emissions From Stationary Sources (Instrumental Analyser Procedure) published in the Federal Register of the United States of America, Part 40, Appendix A. (t) Standard Reference Methods for Source Testing: Measurement of Emissions of Sulphur Dioxide from Stationary Sources, published by Environment Canada Publication No. EPS 1-AP-74-3. Carbon Monoxide Carbon monoxide measurements shall be made by one of the following methods as appropriate: (u) Method 10—Determination of carbon monoxide emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (v) Method 10A—Determination of carbon monoxide emissions in certifying continuous emission monitoring systems at petroleum refineries published in the Federal Register of the United States of America, Part 40, Appendix A. (w) Method 10B—Determination of carbon monoxide emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (x) Reference Method for Source Testing: Measurement of the Releases of Carbon Monoxide from Stationary Sources, Reference Method EPS 1/RM/4, July 1990. Nitrogen Oxides Nitrogen oxides measurements shall be made by the following methods: (y) Method 7E—Determination of Nitrogen Oxides Emissions from Stationary Sources (Instrumental Analyser Procedure) published in the Code of Federal Regulations of the United States of America, Title 40, Part 60. Sulphuric Acid Mist Sulphuric acid mist measurements shall be made by one of the following methods as appropriate: (z) Method 8—Determination of sulphuric acid mist and sulphur dioxide emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. Lead Lead measurements shall be made by one of the following methods as appropriate: (aa) Method 12—Determination of inorganic lead emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (bb) Reference Method for the Source Testing: Measurement of Releases of Lead in Particulate from Stationary Sources, Reference Method EPS 1/RM/7December 1993. Sulphur compounds Sulphur compound measurements shall be made by one of the following methods as appropriate: (cc) Method 15—Determination of hydrogen sulfide, carbonyl sulfide, and carbon disulfide emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (dd) Method 15A—Determination of total reduced sulphur emissions published in the Federal Register of the United States of America, Part 40, Appendix A. (ee) Method 16—Semicontinuous determination of sulphur emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (ff) Method 16A—Determination of total reduced sulphur emissions from stationary sources (impinger technique) published in the Federal Register of the United States of America, Part 40, Appendix A. (gg) Method 16B—Determination of total reduced sulphur emissions from stationary sources published in the Federal Register of the United States of America, Part 40, Appendix A. (hh) Reference Methods for Source Testing: Measurement of Releases of Total Reduced Sulphur (TRS) Compounds from Pulp and Paper Operations, Environment Canada EPS 1RM/6 January 1992. Measurement of Priority Air Pollutants Priority air pollutant measurements shall be made by one of the following methods as appropriate: (ii) Mercury (i) U.S. EPA Method 29 – Determination of Metals Emissions from Stationary Sources (ii) Reference Method for the Source Testing: Measurement of Releases of Mercury from Mercury Cell Chlor-Alkali Plants. Environment Canada Reference Method EPS 1/RM/5 June 1990. (jj) Vinyl Chloride (i) Environment Canada -Vinyl Chloride Reference Method (EPS 1-AP-77-1) (kk) Other Priority Air Pollutants Owners or operators required to make measurements of emissions of other pollutants shall obtain concurrence and written approval of the Authority prior to making such measurements. Analysis Of Heavy Fuel Oils And Solid Fuels The following methods shall be used for all fuel sampling plans. Any deviations from these methods must be approved by the Authority. (ll) Sulphur content in coal - ASTM methods D3177 or D4239. (mm) Sulphur content in oil - ASTM methods D2880 or D4294. (nn) Sulphur content in natural gas - ASTM methods D1072, D3246, D4084 or continuous H2S monitoring of fuel gas line). (oo) Gross calorific value - ASTM methods D2015 or D3286 (calorific content shall be based on the lowest gross heating value of the fuel). (pp) Ash content - Ash From Petroleum Products by ASTM D482. Schedule 9 Minimum Performance Specifications For Ambient Air Quality Monitoring of Criteria Pollutants
CI Confidence interval. PD Percent Difference. RSD Relative Standard Deviation SCHEDULE 10 Methods for monitoring ambient air pollutant concentrations
Schedule 11 Administrative Penalties
Schedule 12 Air Quality Regulations (2001) ANNUAL AIR EMISSIONS SUMMARY REPORT FACILITY NAME: _______________________ Licence No: yySSnnn REPORTING YEAR (January 1 to December 31), ________This summary report is required for satisfying conditions of licences. The information will be used to determine and adjust emission fees if necessary for the reporting year and also will be used to compile a national air pollutant emission inventory.Plant information Plant name ___________________________ Plant mailing addressLine1: ___________________________ Plant mailing addressLine2: ___________________________ Plant mailing addressLine3: ___________________________ Plant Activity Days of week operating Sun Mon Tue Wed Thu Fri Sat Hours per day Months operating and approximate percentage of annual emissions in each month J F M A M J J A S O N D Days per year facility operated: ___________ ANNUAL AIR EMISSIONS SUMMARY REPORT: YEAR _________ FACILITY NAME: _______________________ Licence No: yySSnnn
ANNUAL AIR EMISSIONS SUMMARY REPORT: YEAR ______________ FACILITY NAME: _______________________ Licence No: yySSnnn
ANNUAL AIR EMISSIONS SUMMARY REPORT: YEAR ____ FACILITY NAME: _______________________ Licence No: yySSnnn
SUMMARY OF ANNUAL ACTUAL EMISSIONS INFORMATION FOR REGULATED POLLUTANTSAND GREENHOUSE GASES REPORTING YEAR (January 1 to December 31), ________Total actual air pollutant emission information during normal operation, plant startup, shut down and malfunction and all other operating conditions. Repeat Table for additional sources as needed
(1) Place a check mark to indicate method used. ST Stack test data; EF Emission factor; MB Mass balance, Other - Specify method used in an attachment. SUMMARY OF ANNUAL ACTUAL EMISSIONS INFORMATION PRIORITY AIR POLLUTANTS REPORTING YEAR (January 1 to December 31), ________Total actual priority air pollutant emission information during normal operation, plant startup, shut down and malfunction and all other operating conditions. Repeat Table for additional sources as needed
(1) Place a check mark to indicate method used. ST Stack test data; EF Emission factor; MB Mass balance, Other - Specify method used in an attachment Schedule 13 NOTIFICATION OF UNCONTROLLED RELEASE OF AIR POLLUTANTS Fax this form to NRCA: Fax: ……. This form must be faxed or delivered to the NRCA within 24 hours of an uncontrolled release of air pollutants. Exclude routine events such as soot blowing and scheduled plant startup or shut down. (Note: Include any malfunctions, upset conditions and plant shut down as a result of the release.) This notification must be followed by a detailed written report within 15 working days of the incident
(1) Include the following. Preliminary indication of the likely pollutants emitted Indicate whether plant has been shut down or if a decision has been taken to shut down the plant or an affected part of the plant as a result of the release Indicate if any emergency response plans have been activated or if a decision to activate emergency response plans has been taken. [CD1] Throughout – should NRCA be now NEPA? [CD2] Definition for greenhouse gas included since it is used – see Schedules 1 and [CD3] See Regulation 5C – that regulation is the basis for the addition of the words or decreases [CD4] The intent here is to ensure broadest application of the regulations under the Act. [CD5] Dates to be reviewed – to be consistent with Gazzetting etc. [CD6] The period to review licences is 60 days and the following paragraph refers to that review period. For consistency the 90 days in this paragraph should be changed to 60 days. [CD7] Is it appropriate to note here that there is a procedure for dispute resolution (Regulation 70).? [CD8] Again - is it appropriate to note here that there is a procedure for dispute resolution (Regulation 70).? [CD9] The test methods are lengthy detailed and may constitute inordinate effort to produce such methods in the Gazette. Significant changes to the methods are sometimes made and although the volume of text changed may be small it will take effort and resources to maintain (publish in the Gazette) the current version of the methods. Instead the provisions in Regulation 35 should be adequate. This provision requires the List of the methods to be provided in the Schedule together with a reference to the NEPA Ambient Guideline Document for details of the methods. [CSD10] (As used herein, "nuisance" shall mean the emission of fugitive particulates which constitutes a private or public nuisance as defined in common law, the essence of which is that such emissions are unreasonable interfering with another person's use and enjoyment of his property. Such interference must be "substantial" in its nature as measured by a standard that it would be of definite offensiveness, inconvenience, or annoyance to a normal person in the community.)[CSD11] Is it necessary to indicate that the Schedule may be amended from time to time by Gazetting by Minister?? [CD12] Please note the intent here: The maximum sulphur content of heavy fuel oil burned is 3%. This is the maximum allowed under the Petroleum Quality Control Act. New sources that have the ability to absorb SO2 may use heavy fuel oil with up to 3% (instead of 2.2%) sulphur provided the emissions are less than the allowable emissions as defined. [CD13] Stack testing is not likely to be conducted by any of the typical authorized officers but rather by specialized stack testing professionals. Are there means to designate such professionals as Authorized Officers? The original wording specified a designated agent – which typically in this case would be a stack testing company [CD14] The intent is to ensure that particulate matter emission control equipment functions properly. If the uncontrolled PM emissions from a source would exceed the standard, the source must have emission control equipment for it to meet the standard. Such sources will be required to install a CEM. The original draft specified this requirement only for new sources. [CD15] Previous version of the regulations included the provision for existing sources NOT to be prosecuted if AT THE TIME THE APPLICATION FOR AN AIR POLLUTION DISCHARGE LICENCE, emission target(s) is (are) exceeded provided the owner /operator field a compliance plan and met the milestones specified in the plan. EXISTING FACILITIES WITH SOURCE OR SOURCES THAT ARE IN COMPLIANCE WITH EMISSION TARGETS AND WHICH MEET AMBIENT AIR QUALITY STANDARDS AT THE TIME OF APPLICATION FOR AN AIR POLLUTION DISCHARGE LICENCE AND WHICH SUBSEQUENTLY HAVE SOURCE OR SOURCES THAT EXCEED EMISSION TARGETS OR SOURCES THAT CAUSE AMBIENT AIR QUALITY STANDARDS OR GUIDELINE CONCENTRATIONS TO BE EXCEEDED WILL BE LIABLE TO PROSECUTION. This was intended to ensure that existing facilities that currently exceed emission targets would continue to operate without prosecution for the period indicted in the compliance Plan as approved/agreed upon with NEPA. The qualifications provided here (in CAPS) was not specified and should clarify the intent of the paragraph. This is a major change. [CD16] The paragraph number is missing and I am unable to determine an appropriate reference paragraph [CD17] Schedule 11 (Schedule of Administrative Penalties) is needed. [CD18] Several changes have been made to Schedule 1. Significant changes are as follows: numbered sections restated to facilitate verification of information by NEPA staff and also by applicants; Information for energy use and greenhouse gas emissions are added; Changes made for consistency with PRTR (delete SIC and use NAICS); Appendices numbering fixed.
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