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Good Practice Guide for Assessing Discharges to Air from Industry

Acknowledgements

Foreword by the Ministry

1 Introduction

2 Legislative Context

3 Assessing Discharges to Air: General Considerations

4 The Assessment Process

5 Air Quality Criteria

6 Tier 1 Preliminary Assessment

7 Tier 2 Screening Assessment

8 Tier 3 Full Assessment

Appendix 1: Assessment Checklist

Appendix 2: NO to NO₂ Conversion

References

3 Assessing Discharges to Air: General Considerations

This section includes background information on assessing discharges to air from industry, including:

• liaison with consenting authorities

• consultation.

3.1 Liaison with consenting authorities

Air discharge consent applications are, by their nature, site- or case-specific. They can also be extremely complex. Establishing what information is required to be provided with an application before formally lodging it with a consenting authority can significantly reduce the amount of time and cost of an application for all parties.

Industries that have not consulted sufficiently with their consenting authority, or that have poorly engineered proposals, have a far greater likelihood of having to revisit either the assessment process or the engineering design in order to progress the resource consent application. For these reasons, early liaison with the consenting authority is essential.

3.1.1 Pre-application meeting

Establishing the type and level of information required can be achieved through one or more pre-application meetings and/or site visits. A pre-application meeting between staff from the consenting authority and the applicant (including any relevant consultants) should be held well before the application is to be lodged – at the earliest feasible stage, but at least several weeks and preferably more than three months before lodgement. Where the application is for a consent to replace an existing consent, the meeting should ideally be held at least nine months before the existing consent expires. These timeframes should enable any outcomes of the meetings to be actioned and included within the application.

The aim of pre-application meetings is to determine the extent of the information required to be included in the assessment of environmental effects, which forms part of the consent application. The matters that may be covered include:

• the consent process and timeframes

• written approval and consultation requirements

• reverse sensitivity issues

• complaints relating to the site

• the site location, particularly with respect to the relevant district plan, any relevant regional air plan, and designated airsheds under the Standards

• emission and/or ambient monitoring requirements

• appropriate air quality assessment criteria

• process description requirements, including any proposed changes to existing process(es) or plant

• air dispersion modelling requirements

• for sources of PM₁₀, any straight-line paths that may apply under the Standards and any options for the use of offsets, if applicable.

These matters are all discussed in detail later.

To assist in the above process, a checklist is provided in Appendix 1. The checklist sets out the basic information requirements for the factors to be considered in defining the level of assessment. Ideally, an applicant should gather the information identified in the checklist before attending a pre-application meeting. While not mandatory, completing the checklist will facilitate the discussion and any decision on the information that may need to be provided with an assessment, as well as the appropriate level of assessment.

The consenting authority may wish other matters beyond those identified in the checklist to be considered, and the pre-application meeting provides an opportunity for these matters to be identified. Once again, a pre-application meeting between council staff and the applicant is not mandatory but is strongly recommended.

Current practice is that the costs associated with the officer’s time for the pre-application meeting and any additional work required may either be charged at the time or added to the processing costs once the consent application is lodged.

3.1.2 Site visits

Site visits (sometimes more than one will be required) are essential for assessing an air discharge consent application and for establishing the level of assessment likely to be required. A site visit can provide context and significant information that cannot be gained from reviewing the application alone, even when this is done in conjunction with maps or photographs. It is particularly important for establishing the surrounding land use, proximity to or presence of sensitive receptors (eg, homes, hospitals, aged-care facilities), the presence and proximity of complex terrain, etc. It is critical that consenting authorities, consent applicants and their advisers undertake site visits.

3.2 Consultation, affected persons and notification

Consultation can significantly improve a proposal and the resource consent application process by:

• gaining local knowledge – consultation may reveal information on a range of issues that are important to the proposal but which the applicant might not otherwise be aware of

• incorporating tangata whenua values and interests – there may be matters of significance to Maori that can be accommodated into the proposal, and this information will be held by local tangata whenua (iwi, hapu, whanau)

• enhanced proposals and improved environmental outcomes – consultation may provide input that will improve the project and reduce its impact on the natural, physical, cultural and social environment

• making the consent process easier – consultation may lessen any concern, doubt or confusion people may have about the proposal (in the absence of accurate information), which can reduce potential opposition and improve the chances of consent being non-notified and granted.

Detailed guidance on consultation and affected persons is provided in An Everyday Guide to the Resource Management Act Series 2.2 Consultation for Resource Consent Applications (Ministry for the Environment, 2006a).

Before submitting an application for air discharge consent, it is strongly recommended that a prospective applicant undertake consultation with relevant parties, and, in particular, with any parties with the potential to be adversely affected.

3.2.1 Consultation with affected parties and written approval

Consultation, as a minimum for a discretionary activity, would normally include all immediate neighbours. The Fourth Schedule of the RMA requires that details of any consultation and any response to that consultation be provided in an assessment of environmental effects.

Affected parties

'Affected persons or parties' are people who may experience an effect generated by the proposal which is significantly greater than or different from the effect on the general public. The regional council determines who is an adversely affected party. This determination is generally made after the application is received and after the regional council has assessed all relevant information.

The location of the activity and the sensitivity of the receiving environment will influence the decision as to who is potentially adversely affected. An industry in a heavy industrial zone may not be required to consult or obtain written approvals to the same extent as an activity in a more sensitive location (eg, a residential area).

Written approval

If the council considers that the environmental effects of a resource consent application will be no more than minor, and that the written approval of all those they consider likely to be affected has been obtained, they will usually not publicly notify the application. However, if the effects are no more than minor and written approval of all affected parties has not been obtained, the application will be served on all affected parties, who may then choose to make submissions and be heard at a hearing.

When obtaining written approval, the applicant must provide the potentially affected party with sufficient information about the application to enable the person to understand the proposal and what the potential adverse effects may be on that person.

Once a written approval form is signed, the consenting authority does not consider any adverse effects to that person or organisation in its decision-making. Copies of any written approvals should be provided with the application.

Effective consultation by an applicant, including obtaining written approval from potentially adversely affected persons, may reduce or do away with the need for formal notification. Conversely, if an application is submitted without consultation, it is more likely the application will be notified.

3.2.2 Notification

Section 93 of the RMA contains the presumption that all consent applications will be notified unless the application relates to a controlled activity, or the council is satisfied that the adverse effects of the activity on the environment will be minor. Air discharge consent applications (excluding minor changes to consent conditions) will generally be notified unless:

• the application is for a controlled or restricted discretionary activity and meets the requirements of the regional council’s air plan, or

• the applicant has obtained all the necessary written approvals of affected parties as discussed above, and

• the environmental effects are no more than minor.

In making a decision on whether an application needs to be notified, or limited notified, the consenting authorities typically consider:

• the level of adverse effects of the activity on the environment

• who might be adversely affected by granting the consent

• whether written approvals from affected parties are required, and if so, whether they have been received.

Consenting authorities do not make a decision on whether to notify an application until all information necessary to assess the level of adverse effects has been provided. The decision on whether to notify is made solely by the consenting authority after consideration of all the relevant matters.

Notification is carried out by the consenting authority through the local newspaper and individual notification of all potentially adversely affected parties and other prescribed persons. The consenting authority may also place signs on the property.

Because air discharge consents are often complex applications containing a considerable level of information, notification will not generally include sending a copy of the full application to all notified parties. However, to ensure that any person is provided with adequate information to assess whether they wish to know more about the application or to make a submission, it is recommended that applicants provide a one- or two-page summary of the application. This should detail what the application is for and the potential adverse effects of the proposal.

Limited notification

If the council considers that the environmental effects of the resource consent application will be no more than minor, but the applicant has not obtained the written approval of all those they consider are likely to be affected, they may serve notice of the application on only those people they consider may be affected rather than publicly notify the application. In this case, the council will serve notice on all the identified affected parties, even if some have provided written approval to the application, but details of the application will not be advertised in the local newspaper. Limited notification allows an adversely affected party to make a submission in support of, or in opposition to, the application, and to appear at a hearing if they make a submission.

3.2.3 Pre-hearing meetings and mediation

If a consent application is notified and submissions are received in opposition to the application indicating that submitters wish to be heard, then consenting authorities will generally encourage the applicant and submitters to hold a pre-hearing meeting. The consenting authority can also require mandatory attendance at a pre-hearing, if the applicant agrees. In this case, if a submitter does not attend without good reason, the council may disregard their submission.

The purpose of a pre-hearing meeting is to allow submitters the opportunity to discuss any concerns they may have with the applicant, and for the applicant to discuss the proposal and how submitters’ concerns will be addressed. The council must make it clear that the meeting is for the purpose of providing information only and does not indicate in any way the decision that may be reached. A decision on the application will still be made after the application is lodged.

The pre-hearing meeting can provide an opportunity to clarify the issues and/or mediate or facilitate a resolution to any issues arising from the submissions. The outcomes - if any - of the pre-hearing meeting are put in a pre-hearing report and form part of the information the council will have regard to in its consideration of the process for the application up to and including the hearing (for instance, by noting in the officer’s report any agreements made).

The council may also refer parties to mediation, the outcomes of which are reported to the council. In general, applicants are encouraged to consult and mediate an application by involving neighbours as much as possible. This helps to forge a better relationship and a better degree of understanding between all parties.

3.2.4 Tangata whenua

The RMA includes a number of matters that relate to the relationship tangata whenua have with the sustainable management of natural and physical resources, including air. These matters include sections 5, 6(e), 7(a) and 8 of the RMA. Key areas in which tangata whenua may be included in the consent application process include pre-application consultation, notification processes and affected party approvals.

Where a marae or an area of customary practice is within the potential area of effect of an activity, the consenting authority may suggest consultation with, and generally written approval (for consent applications not requiring notification) from, the potentially adversely affected marae or iwi.

In the event of large-scale applications, which may affect large portions of the airshed or potentially cause widespread nuisance, the consenting authority will be increasingly likely to request that consultation take place with relevant iwi, irrespective of the local presence of directly affected marae or areas of customary practice. Consultation requirements with iwi may be discussed at the pre-application meeting.

Many air discharge consent applications are notified. If an application is notified then all relevant iwi will be directly notified of the application.

Potential issues of significance for Maori, with respect to air discharge proposals, include the:

• deposition of air pollutants onto mahinga kai (places where food and resources are traditionally gathered), mare and waahi tapu (sacred places)

• reduction of visibility (eg, Putauaki maunga / Mt Edgecombe in the Bay of Plenty is sometimes shrouded in brownish clouds as a result of air discharges that reduce visibility)

• increase in airborne smell (eg, some meat-processing plants have a particular smell associated with their activities and discharges into air)

• impact of contaminants on important or valued sites (eg, discharge material from the flue of a crematorium can be blown by predominant winds over mahinga kai).

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