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Appendix 3: Proposed National Environmental Standard for Dioxin Discharge to Air

Resource Management (National Environmental Standard for Dioxin) Regulations 2001

1. Title

These regulations are the Resource Management (National Environmental Standard for Dioxin) Regulations 2001.

2. Commencement

These regulations come into force on [to come]

3. Interpretation

In these regulations

Burning means incineration, co-incineration or any other thermal treatment whether or not it is carried out in any equipment and whether such equipment was built for the purpose of incineration, co-incineration or thermal treatment.

Co-incineration means a process where the main purpose is the generation of energy or production of material products and that

  1. uses waste as a regular additional fuel; or
  2. thermally treats the waste for the purpose of its disposal,

but does not include co-incineration that takes place in such a way that the main purpose of the plant is not the generation of energy or the production of material products but the thermal treatment of waste.

Dioxin means one or more of the polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans or dioxin-like polychlorinated biphenyls listed in Schedule 1.

Incineration means the thermal treatment of waste with or without recovery of the heat generated and includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently combusted.

Landfill means any land or premise used for the storage, transfer, treatment, or disposal of waste materials or other waste management purposes or for composting organic material.

Oxygen-enriched atmosphere means combustion conditions in which the oxygen is supplied by a source in a greater concentration than that obtained from ambient air; and includes conditions where the source of concentrated oxygen is used as the principal oxygen supply or for supplementary oxygen.

PCBs means polychlorinated biphenyls and includes but is not limited to the dioxin-like PCBs listed in Schedule 1.

PCP means pentachlorophenol.

Waste means any material, whether it is a solid or a liquid, discarded or discharged for final disposal by its holder, and includes but is not limited to-

  1. refuse, garbage or municipal waste:
  2. hospital, medical, clinical, pathological or veterinary waste:
  3. quarantine waste:
  4. sludge or solids derived from liquid-borne municipal, industrial or trade waste:
  5. agricultural chemicals or agricultural chemical waste:
  6. wood preservatives or biocides:
  7. wood waste including
    1. plywood, particle board; or
    2. wood waste and timber that may contain halogenated organic compounds, including PCP, or metals as a result of treatment with wood preservatives or coatings; or
    3. wood waste originating from construction and demolition waste.
  8. plastic, rubber, resins, or adhesives:
  9. paints, inks, dyes, pigments, liquors, varnishes or other surface coatings:
  10. halogenated solvents or solvent residues:
  11. waste liquids including used oil or other waste petroleum products
    1. with a calorific value of 30 megajoules or less per kilogram of waste liquid; or
    2. containing 10 milligrams or more of polychlorinated aromatic compounds, PCP or PCBs per kilogram of waste liquid; or
    3. containing 1000 milligrams or more of chlorine per kilogram of waste liquid:
  12. unidentified chemicals or laboratory residues:
  13. waste from contaminated sites or buildings
  14. motor vehicles or vehicle parts, or any other combination of metals and combustible material.

4. Application of Standard

  1. These regulations apply to the discharge of dioxin as a contaminant to air from the burning, incineration or co-incineration of waste.
  2. These regulations do not apply to the discharge of dioxin as a contaminant to air from the following activities:
    1. Cremation of human beings or pets:
    2. Burning of vegetable waste from agriculture, forestry or food processing:
    3. Burning of virgin wood or virgin wood waste:
    4. Burning of liquids with a calorific value greater that 30 megajoules per kilogram of liquid if that liquid -
      1. contains less that 10 milligrams of polychlorinated aromatic compounds, PCP or PCBs per kilogram of liquid; and
      2. contains less that 1000 milligrams of chlorine per kilogram of waste liquid.
    5. Burning of black liquor and fibrous vegetable waste from virgin pulp and paper production:
    6. Incineration plants used for research, development, or testing in order to improve the incineration process and which burn less than 50 tonnes of waste each year.

5. Discharges to air from industrial and trade premises permitted

  1. The discharge of dioxin as a contaminant to air from the incineration of waste in any incineration or co-incineration plant located on any industrial or trade premise is permitted if the discharge from each plant
    1. complies with the discharge limit in regulation 6:
    2. complies with the reporting conditions in regulation 10; and
    3. complies with the operating conditions in Schedule 2 or in a resource consent that is authorised by regulation 11.
  2. For the purposes of this regulation and regulations 6 to 12 "waste" does not include -
    1. plywood, particle board; or
    2. wood waste and timber that may contain halogenated organic compounds (other than PCP) or metals as a result of treatment with wood preservatives or coatings.

6. Discharge concentration limit

  1. A discharge of dioxin to air must not exceed 0.1 nanograms of toxic equivalents (TEQ) per cubic metre of discharge at a temperature of 0 degrees Centigrade, a pressure of 101.3 kilopascals, no moisture content and 11% oxygen when measured by volume or the percentage of oxygen specified in a resource consent granted in accordance with regulation 11.
  2. The concentration of dioxin TEQ for a discharge must be calculated in accordance with regulation .

7. Calculation of TEQ for a discharge

  1. The concentration of dioxin TEQ for a discharge must be calculated as follows:
    1. the concentration of each dioxin derived from a measurement taken in accordance with regulation 8 and adjusted in accordance with regulation 9 must be multiplied by the toxic equivalency factor listed in Schedule 1 for that dioxin:
    2. the results from the calculations in paragraph (a) must be added together.
  2. If a dioxin listed in Schedule 1 is not detected in a discharge when the measurement is made under regulation 8 that dioxin must be assumed to be present in the discharge and an amount equal to half the limit of detection must be used in the calculation in subclause (1) (a).
  3. For the purposes of this regulation limit of detection means a concentration of a dioxin at the lowest level at which that substance could be detected in a discharge using the methods specified in regulation 8.

8. Sample collection and analysis of a discharge

  1. A discharge must be sampled in accordance with this regulation to determine the dioxin concentration in a discharge, the temperature and pressure of the discharge and amount of oxygen and moisture in the discharge.
  2. A discharge sample must be collected when the incineration or co-incineration plant is operating at normal combustion temperatures and with normal control equipment, and the waste fed to the plant is waste that generates the highest dioxin discharges for that plant.
  3. A discharge must be sampled in accordance with United States Environmental Protection Agency Method 0023A.
  4. Every sample must be analysed for each dioxin in accordance with United States Environmental Protection Agency Methods 8290 and 1668A.
  5. The location of every point at which a sample is taken must comply with United States Environmental Protection Agency Method 1.
  6. The temperature of the discharge at the sample point must be less than 200 degrees Centigrade.
  7. The time during which a sample of the discharge is measured must be not less than 3 hours.
  8. At least 3 samples must be taken and, each sample result calculated in accordance with regulation 7 and adjusted in accordance with regulation 9, and the arithmetic mean of the 3 results must be treated as the discharge concentration.
  9. The oxygen content of the discharge must be measured over the same period as a sample of the discharge is measured.
  10. The sampling must be carried out by an agency accredited for the sampling of the discharge of dioxin and the analysis must be carried out by an agency accredited for the analysis of dioxin by International Accreditation New Zealand, or the National Association of Testing Authorities.

9. Reference conditions to determine dioxin in discharge

  1. The concentration of dioxin in a discharge to air must be determined by adjusting the actual dioxin content of a sample taken in accordance with regulation 8 to the dioxin content that would have been present had the sample been taken at a temperature of 0 degrees Centigrade, a pressure of 101.3 kilopascals, no moisture content and 11% oxygen when measured by volume or the percentage specified in a resource consent granted in accordance with regulation 11, instead of the actual conditions at which the sample was taken.
  2. The calculations in United States Environmental Protection Agency Method 0023A must be used to adjust-
    1. the temperature from the actual temperature at which the sample was taken to 0 degrees(See footnote 45):
    2. the pressure from the actual pressure at which the sample was taken to 101.3 kilopascals:
    3. the moisture content from the actual moisture content at which the sample was taken to no moisture content.
  3. The oxygen content must be adjusted from the actual oxygen content at which the sample was taken to 11% oxygen content by using the following calculation:

Cref = Cmeas(20.9 - %O2ref)/(20.9 - %O2meas)

where:
Cref is the dioxin concentration expressed at the oxygen concentration referred to in regulation 9 (1)
Cmeas is the dioxin concentration at the oxygen concentration measured in the discharge, expressed for gas with no moisture content
%O2ref is the oxygen concentration referred to in regulation 9 (1)
%O2meas is the measured oxygen concentration in the discharge, expressed for gas with no moisture content.

10. Reporting of the discharge of dioxin

  1. The owner or occupier of the industrial or trade premises on which an incineration or co-incineration plant is located must report in accordance with this regulation the discharge of dioxin to air from each incineration plant on the premises to the regional council of the region in which the premises is situated.
  2. The owner or occupier of the premises must report -
    1. every 6 months for 2 years after commencing the discharge of dioxin from a new incineration or co-incineration plant:
    2. every 2 years on an incineration or co-incineration plant, other than a plant to which paragraph (a) applies, if the discharge of dioxin from an incineration or co-incineration plant is less than half the discharge limit specified in regulation 6 for 2 consecutive reports and the plant complies with these regulations:
    3. every year on any other incineration or co-incineration plant.
  3. A report must contain the information set out in Schedule 3.
  4. Despite subclause (2), the regional council may by notice in writing require the owner or occupier to report to the council more frequently if the incineration or co-incineration plant has not complied with the discharge limit specified in regulation 6.

Resource consents and rules in plans

11. Resource consents for controlled activities

  1. A resource consent for a controlled activity may be granted for the incineration or co-incineration of waste in trade and industrial premises for the following matters:
    1. For an incineration or co-incineration plant in use at the date these regulations come into force, to specify the location of a sampling port instead of the location specified in the United States Environmental Protection Agency method referred to in regulation 8 (4).
    2. To specify operating conditions other than those specified in Schedule 2 if the operating conditions specified in the resource consent ensure that the discharge of dioxin does not exceed the discharge limit specified in regulation 6.
    3. To specify the percentage of oxygen, other than the percentage specified in regulation 9 (1), to which the actual oxygen percentage must be adjusted if the waste is incinerated or co-incinerated in an oxygen enriched atmosphere.

12. Resource consents or rules in plans for discharge of dioxin

  1. A rule must not be included in a plan allowing the discharge of dioxin as a contaminant to air from the burning, incineration or co-incineration of waste at any trade or industrial premises, any place, or any source whether moveable or not.
  2. A resource consent must not be granted allowing the discharge of dioxin as a contaminant to air from the burning or incineration or co-incineration of waste at any industrial or trade premises any place, or any source whether moveable or not.
  3. Despite subclause (2), a resource consent may be granted for the matters specified in regulation 11.

13. Discharge of dioxin from places, including landfills, or any source prohibited

  1. The discharge of dioxin as a contaminant to air from the burning of waste at any place, or from any source whether moveable or not, is a prohibited activity unless the discharge complies with regulations 5 to 11 of these regulations.
  2. A resource consent may be granted for the matters specified in regulation 11.
  3. For the purposes of this regulation, "place" includes a landfill but does not include a dwellinghouse or the land on which a dwellinghouse is sited.

14. Burning of waste on land on which a dwellinghouse is sited

  1. The burning of waste on any land on which a dwellinghouse is sited is a prohibited activity unless that waste is vegetative waste, paper, cardboard waste, or virgin wood waste.
  2. Subclause (1) does not permit the burning of vegetative waste, paper or cardboard waste, or virgin wood waste in contravention of a rule in a plan or a resource consent.

15. Incineration of PCP treated timber and PCP contaminated wood waste

Despite any other provision in these regulations, the discharge of dioxin as a contaminant to air from the incineration of timber or wood waste treated or contaminated with PCP in any incineration or co-incineration plant located on any industrial or trade premises is a prohibited activity unless the discharge complies with regulations 5 to 11 of these regulations.

16. Burning of copper wire a prohibited activity

Despite any other provision in these regulations, the discharge of dioxin as a contaminant to air from the burning of copper, including electrical copper wire and cabling, coated with polyvinyl chloride or any other plastic material is a prohibited activity.

Schedule 1

Reg. 2, Reg. 7,

Table 2: Summary of responsibilities and costs for proposed actions on dioxin discharges

Dioxin Toxic Equivalency Factor
2,3,7,8–Tetrachlorodibenzo–p–dioxin 1
1,2,3,7,8–Pentachlorodibenzo–p–dioxin 1
1,2,3,4,7,8–Hexachlorodibenzo–p–dioxin 0.1
1,2,3,6,7,8–Hexachlorodibenzo–p–dioxin 0.1
1,2,3,7,8,9–Hexachlorodibenzo–p–dioxin 0.1
1,2,3,4,6,7,8–Heptachlorodibenzo–p–dioxin 0.01
Octoachlorodibenzo–p–dioxin 0.0001
   
2,3,7,8–Tetrachlorodibenzofuran 0.1
1,2,3,7,8–Pentachlorodibenzofuran 0.05
2,3,4,7,8–Pentachlorodibenzofuran 0.5
1,2,3,4,7,8–Hexachlorodibenzofuran 0.1
1,2,3,6,7,8–Hexachlorodibenzofuran 0.1
1,2,3,7,8,9–Hexachlorodibenzofuran 0.1
2,3,4,6,7,8–Hexachlorodibenzofuran 0.1
1,2,3,4,6,7,8–Heptachlorodibenzofuran 0.01
1,2,3,4,7,8,9–Heptachlorodibenzofuran 0.01
Octachlorodibenzofuran 0.0001
   
3,3’,4,4’–Tetrachlorinated biphenyl (77) 0.0001
3,4,4’,5–Tetrachlorinated biphenyl (81) 0.0001
3,3’,4,4’,5–Pentachlorinated biphenyl (126) 0.1
3,3’,4,4’,5,5’–Hexachlorinated biphenyl (169) 0.01
   
2,3,3’,4,4’–Pentachlorinated biphenyl (105) 0.0001
2,3,4,4’,5–Pentachlorinated biphenyl (114) 0.0005
2,3’,4,4’,5–Pentachlorinated biphenyl (118) 0.0001
2',3,4,4',5–Pentachlorinated biphenyl (123) 0.0001
2,3,3',4,4',5–Hexachlorinated biphenyl (156) 0.0005
2,3,3',4,4',5'–Hexachlorinated biphenyl (157) 0.0005
2,3',4,4',5,5'–Hexachlorinated biphenyl (167) 0.00001
2,3,3',4,4',5,5'–Heptachlorinated biphenyl (189) 0.0001

Schedule 2

Reg. 5

Operating conditions

  1. The following operating conditions apply to incineration plants that incinerate waste and do not apply to co–incineration plants:
    1. The incineration plant must be designed, equipped, built and operated in such a way that the gas resulting from the process is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of 850 °C, as measured near the inner wall, for two seconds. If waste with a content of more than 1% of chlorinated organic substances by weight, expressed as chlorine, is incinerated, the temperature must be raised to 1100 °C for at least two seconds.
    2. Each line of the incineration plant must be equipped with at least one auxiliary burner. This burner must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850 °C or 1100 °C as the case may be. The burner must be used during plant start–up and shut–down operations in order to ensure that the temperature of 850 °C or 1100 °C as the case may be is maintained at all times during these operations and as long as unburned waste is in the combustion chamber.
    3. During start–up and shut–down or when the temperature of the combustion gas falls below 850 °C or 1100 °C as the case may be, the auxiliary burner must not be fed with fuels which can cause higher emissions than those resulting from the burning of gas or diesel.
  2. The following operating condition applies to co–incineration plants only: The co–incineration plant must be designed, equipped, built and operated in such a way that the gas resulting from the co–incineration of waste is raised in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of 850 °C for two seconds. If waste with a content of more than 1% of chlorinated organic substances by weight, expressed as chlorine, is co–incinerated, the temperature must be raised to 1100 °C.
  3. The following operating conditions apply to both incineration plants and co–incineration plants.
    1. Incineration and co–incineration plants must have and operate an automatic system to prevent waste feed:
      1. at start–up, until the temperature of 850 °C or 1100 °C as the case may be has been reached;
      2. whenever the temperature of 850 °C or 1100 °C as the case may be is not maintained;
      3. whenever the continuous measurement of carbon monoxide required by subclause 3 (b) show that the carbon monoxide discharge limits specified in subclause 3 (e) are exceeded.
    2. Incineration and co–incineration plants must have systems for continuously measuring carbon monoxide concentrations and the temperature of the combustion gases and the measurements recorded by these systems must be kept by the owner or occupier of the premises for a period of 5 years from the date the measurement is recorded.
    3. The combustion gases must be sampled for carbon monoxide in accordance with the methods and performance specifications set out by United States Environmental Protection Agency Performance Specification 4.
    4. The carbon monoxide concentration of the combustion gases must be determined by adjusting the actual carbon monoxide concentration measured in accordance with subclause 3 (c) to a concentration that would have been present had the measurement been made at a temperature of 0 degrees Centigrade, a pressure of 101.3 kilopascals and no moisture content, instead of the actual conditions at which the measurement was made.
    5. The following discharge limits for carbon monoxide concentration, at a temperature of 0 degrees Centigrade, a pressure of 101.3 kilopascals and no moisture content, must not be exceeded except during start–up and shut–down of the incineration and co–incineration plant:
      1. 50 milligrams of carbon monoxide per cubic metre of combustion gas determined as a 24–hour or daily average; or
      2. 150 milligrams of carbon monoxide per cubic metre of combustion gas determined as a 10–minute average for more than 5% of all measurements over a 12 month period; or
      3. 100 milligrams of carbon monoxide per cubic metre of combustion gas as a 30–minute average for more than 5% of all measurements over a 12 month period.
    6. Not more than 10% of all 30–minute average carbon monoxide measurements, with each individual measurement having been measured in accordance with subclause 3 (c) and adjusted in accordance with subclause 3 (d), may be discarded due to instrument malfunction or maintenance over a 24 hour operating period, and not more than 3% of all 24–hour or daily average carbon monoxide measurements may be discarded over a 12–month period.

Schedule 3

Reg. 10

Information to be included in a dioxin discharge report

  1. Name and address of owner of the facility being monitored:
  2. Name and address of the reporting organisation or individual:
  3. Details, including accreditation, of the sampling and analytical personnel and their organisation:
  4. Date on which the discharge samples were collected, start and completion times, place of measurements and the report date:
  5. Details of process operating conditions during sampling, including a record of the waste feed rate, combustion chamber temperatures and control equipment operating conditions:
  6. General description of the waste feed composition, rate including chlorine content:
  7. Location of the sample plane, with respect to the nearest upstream and downstream flow disturbance:
  8. Number of sampling points (traverses) across the sample plane:
  9. Sampling start and stop times:
  10. Average chimney gas velocity at the point of sampling:
  11. Average chimney gas temperature at the point of sampling:
  12. Moisture content of the chimney gas:
  13. Oxygen content of the chimney gas:
  14. 10–minute average carbon monoxide concentrations during each dioxin test run:
  15. Chimney gas sample volume collected under actual field conditions:
  16. Chimney gas sample volume collected when adjusted for temperature, pressure, moisture content and oxygen in accordance with regulation 9:
  17. Concentration (mass per volume basis) of each dioxin, after adjusting for temperature, pressure, moisture content and oxygen in accordance with regulation 9:
  18. Mass discharge of each dioxin:
  19. The limit of detection (mass per volume basis) of each dioxin listed in Schedule 1 that was not detected, using a gas sample volume adjusted for temperature, pressure, moisture content and oxygen in accordance with regulation 9:
  20. Recovery of isotopically labelled standards used in the sampling and analytical procedures:
  21. Concentration (mass per volume basis) of each dioxin as a TEQ and the concentration of the total dioxin TEQ for a discharge calculate in according with regulation 7:
  22. Mass discharge of each dioxin as a TEQ and the concentration of the total dioxin TEQ for a discharge calculated in according with regulation 7, but without adjusting for temperature, pressure, moisture content and oxygen as required by regulation 9:
  23. Any factors that may have affected the discharge sampling and analytical results:
  24. The precision of the discharge results:
  25. Calibration details for each instrument used to take measurements:
  26. Verification of sampling and analytical methodologies used.

Footnote:
45 It is noted that United States Environmental Protection Agency Method 0023A requires that the temperature be corrected to 20 degrees Centigrade. The National Environmental Standard for dioxin requires the same procedure to be applied as stipulated in Method 0023A, but the temperature must be corrected to a temperature of 0 degrees Centigrade as specified in regulation 9 (1) of these regulations.

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