1 Introduction
1.1 Overview
This document provides a guide for practitioners in local government implementing the first suite of national environmental standards. The document aims to provide a 'plain English' description of how best to implement the regulations. The guide also outlines the relationship between the national environmental standards and existing local government controls and details transitional arrangements.
The guide refers to the standards addressing dioxins and other toxics, ambient air quality, the woodburner design standard, and the control of greenhouse gases at landfills. A complete copy of the regulations, including amendments, definitions, schedules and an explanatory note are contained as Appendix 1.
The guide contains information on what local government MUST do to comply with the regulations, as well as what they 'should' do as recommended best practice. The language in the document is carefully chosen so this is clear.
This document does not have any legal status.
If you require further assistance or have questions please feel free to contact:
Air Quality
Louise Wickham
Email: louise.wickham@mfe.govt.nz
Phone: (04) 439 7475
Landfill Gas
Glenn Wigley
Email: glenn.wigley@mfe.govt.nz
Phone: (04) 439 7515
1.2 What are national environmental standards?
National environmental standards are mandatory technical environmental regulations. They have the force of regulation and are implemented by agencies and parties with responsibilities under the Resource Management Act 1991 (RMA). The standards are prepared in accordance with sections 43 and 44 of the Act.
In October 2004, 14 standards were introduced. They are:
- seven activity standards that ban various activities that discharge unacceptable quantities of dioxins and other toxics into the air. These are outlined in Chapter 2 of the document
- five ambientair quality standards for carbon monoxide (CO), fine particles (PM10), nitrogen dioxide (NO2), sulphur dioxide (SO2) and ozone (03). These are outlined in Chapter 3 of the document
- a design standard for new small-scale domestic wood-burning appliances. This is outlined in Chapter 4 of the document
- a design standard for the collection and destruction of landfill gas at large landfills. This is outlined in Chapter 5 of the document.
The standards were amended in December 2004 (SR 2004/433) and July 2005 (SR 2005/214). This document has been updated to incorporate these amendments (text in blue font in online version).
1.3 Development of the standards
At a series of public meetings held in mid-2002, business, councils and community groups called on the Ministry for the Environment to get on with developing national policy environmental standards.
In responding to this call the Ministry for the Environment undertook the following:
- A consultative process was held with regional councils and unitary authorities to scope the policy programme needed to support a national approach.
- In May 2003, the Ministry for the Environment presented the concept of national environmental standards to regional council and unitary authority representatives. Feedback was positive.
- In August 2003, the Government agreed that "the Minister for the Environment undertake an extensive public consultation process on a range of proposed standards, including air quality standards".
- In November 2003, the Ministry for the Environment hosted a national roadshow to obtain further input from the community and key interest groups. Feedback at the roadshow meetings was largely supportive of the proposed national air standards.
- In February 2004, the Ministry for the Environment published a summary of submissions on the proposed standards. Extensive consultation was then undertaken with local and central government and amendments were made to the proposal.
- In May 2004, the Ministry for the Environment published a cost benefit analysis of the proposed standards in accordance with section 32 of the RMA. The report concluded that standards present the most appropriate, effective and efficient means of meeting the Minister for the Environment's objectives for air quality management.
- In July 2004, Cabinet approved the proposed policy of the national environmental standards. The Ministry for the Environment prepared drafting instructions which were forwarded to Parliamentary Counsel in August 2004.
- In September 2004, the regulations were gazetted.
- From 8 October 2004, the first of the standards took effect.
Amendments
Following the introduction of the standards it was brought to the Ministry's attention that the prohibition on open burning of oil could be interpreted to ban the flaring of natural gas. Flaring is carried out in the petroleum and petrochemical industries, primarily for safety reasons. A minor technical amendment to the definition of oil to specifically exclude gas was approved by Cabinet and gazetted in December 2004.
At the same time it became rapidly apparent that there was widespread confusion about how some aspects of standards would be implemented. A number of regional councils and unitary authorities, the agencies responsible for implementing the standards, expressed concerns over the lack of flexibility in the regulations. Environment Canterbury, in particular, was strongly against the straight line path requirements for polluted areas. There were a further number of technical amendments identified by the Ministry as essential to clarify its intent.
In response to this, between March and May 2005, the Ministry visited every regional council in person to discuss implementation of the standards and to consult on proposed technical amendments. In June 2005, agreement was reached between chief executives of regional council and unitary authorities on proposed technical amendments to clarify and improve the regulations. In July 2005, Cabinet approved the proposed amendments and the Ministry prepared drafting instructions for Parliamentary Counsel. The technical amendments were gazetted in July 2005.
Background information
The following documents summarise reports and useful information on the development of these national environmental standards.
- Proposed National Environmental Standards for Air Quality, Air Quality Technical Report No. 46. This document sets out the proposed standards as consulted on in November 2003 (Ministry for the Environment, 2003).
- Proposed National Environmental Standards for Air Quality, Report on Submissions. This report summarises the key themes raised by people making submissions on the proposed standards (Ministry for the Environment, 2004a).
- Proposed National Environmental Standards for Landfill Gas, Report on Submissions. This report summarises the key themes raised by people making submissions on the proposed landfill gas collection standard (Ministry for the Environment, 2004b).
- Proposed National Environmental Standards for Air Quality. Resource Management Act - Section 32. Analysis of the costs and benefits (Ministry for the Environment, 2004c).
- Proposed National Environmental Standard to Control Greenhouse Gas Emissions from Landfills. Resource Management Act - Section 32. Analysis of the costs and benefits (Ministry for the Environment, 2004d).
1.4 What should councils be doing now?
After 8 October 2004, regional councils and unitary authorities must:
- enforce the six bans that came into effect on 8 October 2004 (see section 2.2)
- enforce the requirements of the landfill gas standard for any new landfill over 1 million tonnes design capacity (see section 5).
After 1 September 2005, regional councils and unitary authorities must:
- monitor air quality, if it is likely that the standard concentrations will be exceeded in an airshed, in accordance with the methods specified in the regulations
- give public notice if the standard concentrations are exceeded in an airshed (see section 3.5)
- ascertain 'straight line' requirements for consent processing for fine particle emissions in airsheds where the standard is exceeded and only grant new resource consents in line with the requirements outlined in regulations 17 to 21 (see section 3.6)
- enforce the woodburner design standard (see chapter 4).
Regional councils and unitary authorities should also:
- liaise with district and city councils as appropriate to ensure the woodburner design standard is implemented smoothly
- continue with existing air quality monitoring programmes and review future requirements (see sections 3.4 and 3.10.1)
- review available knowledge about regional air quality including existing emission inventories (including resource consents), ambient air quality monitoring data (if available) and dispersion characteristics and develop an airshed action plan(s) to ensure any airsheds polluted with fine particles comply with the standard by 2013 (see section 3.10.1).
Regional councils and unitary authorities are further invited to:
- read this guidance document and contact the Ministry for the Environment with any questions
- publicise their reasons for choosing airsheds for gazetting by the Minister (see section 3.3)
- consult with interested stakeholders (eg, industry, the Ministry) and the general public on future airshed designations
- monitor and report on enforcement and implementation of the national environmental standards.
