2 Dioxin and Other Toxic Substances
2.1 Background
Some activities cause local air pollution by the release of toxic materials, including dioxins. For example burning tyres in the open emits significant quantities of hazardous air pollutants, including carbon monoxide, particles, polycyclic aromatic hydrocarbons (PAHs), dioxins and volatile organic compounds.
The environmental and health effects of the banned activities, particularly in terms of dioxin emissions, have been discussed in several technical reports prepared by the Ministry:
- Proposed National Environmental Standards for Air Quality - Resource Management Act Section 32 - Analysis of the costs and benefits (Ministry for the Environment, 2004c)
- An Action Plan for Reducing Discharges of Dioxin to Air (Ministry for the Environment, 2001a).
These reports outline why national environmental standards have been developed to either completely stop these discharges, or restrict them to ensure they are carried out with appropriate control equipment.
Typically, for the banned activities there are alternative, more environmentally friendly options that can be used to achieve the same purpose.
2.1.1 What other action is being taken to address dioxin emissions?
New Zealand is a signatory to the Stockholm Convention on Persistent Organic Pollutants, along with 150 other countries. New Zealand ratified the Stockholm Convention in September 2004. The objective of the Convention is to protect human health and the environment from persistent organic pollutants. In respect of dioxin, (and HCB (hexacholorobenzene) and PCBs (polychlorinated biphenyls) that are typically formed as combustion by-products), New Zealand's goal is their continuing minimisation, and where feasible ultimate elimination.
New Zealand has already started this work with the introduction of the national bans outlined in this chapter.
The Ministry for the Environment's overall work plan for minimising dioxin releases will be contained in a Dioxin Action Plan. Article 5 of the Convention requires the Ministry to update and maintain a dioxin release inventory, and to identify and implement strategies to achieve further dioxin release reduction. The draft Plan is scheduled for consultation in late 2005 and is to be deposited with the Convention Secretariat by December 2006.
Further information on the Stockholm Convention can be viewed at www.pops.int/
2.2 What are the prohibited activity standards?
The standards are summarised in Table 1 and discussed individually below.
Table 1: Standard for dioxin and other toxics - prohibited activities
| Prohibited activity | Start date |
|---|---|
| Prohibited – landfill fires | 8 October 2004 |
| Prohibited – burning of tyres in the open | 8 October 2004 |
| Prohibited – bitumen burning for road maintenance | 8 October 2004 |
| Prohibited – burning of coated wire in the open | 8 October 2004 |
Prohibited – burning of oil in the open |
8 October 2004 |
| Prohibited – new high temperature hazardous waste incinerators | 8 October 2004 |
| Prohibited – school/healthcare incinerators unless resource consent obtained | 1 October 2006 |
2.2.1 Landfill fires
Regulation 6 specifies:
6 Lighting of fires and burning of waste at landfill
(1) The lighting of fires and the burning of waste at a landfill are prohibited.
(2) Subclause (1) does not apply if -
a. The lighting of a fire is to control gas formed at the landfill; and
b. The landfill complies with the requirements of regulations 25 to 27 [Regulations 25 to 27 address the control of greenhouse gas emissions at landfills, and are discussed in Chapter 5 of this document.].
Implementation
The standard means that the burning of any refuse at a landfill is banned. Note that the ban does not apply to the flaring of landfill gas. It is recommended that if a fire is discovered immediate steps be undertaken to extinguish the fire.
Accidental fires around landfills can be reduced through improved landfill management. Accidental fires have been caused by sparks from the exhaust systems of site plant or vehicles, smoking on the landfill by staff or users, and uncontrolled dumping of waste materials such as ashes or hazardous substances that can ignite when mixed. Good management procedures are specified in resource consent conditions, and further guidance is available in the Guide to Landfill Consent Conditions (Ministry for the Environment, 2001b).
2.2.2 Burning of tyres in the open
Regulation 7 specifies:
7 Burning of tyres
(1) The burning of tyres is prohibited.
(2) Subclause (1) does not apply if the tyres are burnt at industrial and trade premises that have -
a. a resource consent for the discharge produced; and
b. emission control equipment that is designed and operated to minimise emissions of dioxins and other toxics from the process.
Implementation
This standard means that the burning of tyres in the open air or in open containers is banned. The burning of tyres as a fuel source under appropriate conditions, such as in a cement kiln with appropriate abatement equipment, is not prevented by the standard.
Councils would still be able to consider whether to grant consents for discharges to air from tyres burned at an industrial and trade premises as long as it has appropriately designed equipment and emission controls. The standard states that any resource consent application for this activity is a discretionary activity.
In response to a number of tyre stockpiles, the tyre management system, Tyre Track, has been developed to discourage dumping and unauthorised stockpiling, and to improve the management of end-of-life tyres. Tyre Track is a web and free phone-based system which connects tyre dealers and registered transporters with authorised end users and disposal points. The system is operated by the Motor Trade Association on behalf of the tyre industry, and is supported by the Ministry for the Environment. You can contact Tyre Track at www.tyretrack.co.nz or on 0508 TYRE TRACK (0508 897 387).
2.2.3 Bitumen burning for road maintenance
Regulation 8 specifies:
8 Burning of bitumen
(1) The burning of bitumen on a road is prohibited.
Implementation
The standard means that the burning of bitumen on a road is banned. Consents are unable to be granted for this activity in any form. This overrides any 'exemptions' that may have been agreed between road controlling authorities and local government. This standard applies from 8 October 2004.
Road controlling agencies have been moving away from bitumen burning to other options, such as high-pressure water blasting. During water blasting the debris and wastewater should be collected and disposed.
2.2.4 Burning of coated wire in the open
Regulation 9 specifies:
9 Burning of coated wire
(1) The burning of wire coated with any material is prohibited.
(2) Subclause (1) does not apply if the wire is burnt at industrial and trade premises that have -
a. a resource consent for the discharge produced; and
b. emission control equipment that is designed and operated to minimise emissions of dioxins and other toxics from the process.
Implementation
This standard means that the burning of coated wire in the open air is banned.
Councils would still be able to consider whether to grant consents for discharges to air from coated wire burned at an industrial and trade premises as long as it has appropriately designed equipment and emission controls. The standard states that any resource consent application for this activity is a discretionary activity.
2.2.5 Burning of oil in the open
Regulation 10 specifies:
10 Burning of oil
(1) The burning of oil in the open air is prohibited.
(2) Subclause (1) does not apply if -
a. the burning is for creating special smoke and fire effects for the purposes of producing films; or;
b. the burning is for the purpose of training people to put out fires; or
c. Revoked.
d. the burning is
i. done by means of a flare; and
ii. for the purpose of undertaking health and safety procedures in the petroleum exploration and production industry or the petrochemical industry; and
iii. permitted by a resource consent.
(3) For the avoidance of doubt, subclause (1) does not apply if a discharge from the burning of oil is directed to the open air by a stack, chimney, or exhaust pipe (for example, emissions from a motor vehicle).
The definition of oil contained within the regulations is:
Oil -
(a) means petroleum in any form other than gas; and
(b) includes crude oil, fuel oil sludge, oil refuse, and refined oil products (for example, diesel fuel, kerosene, and motor gasoline).
Amendments
The definition of oil was amended in December 2004 to specifically exclude gas.
Clause 10 was amended in August 2005 to omit a redundant exception for frost pots and to provide a new exception for flaring of oil in the petroleum and petrochemical industries.
Implementation
The standard means that the burning of any oil in the open is banned. This includes the open burning of oil in frost pots (the regulation is silent on frost pots that operate with a stack or chimney).
The ban does not apply to the following activities:
- oil burned in the open for fire training (no consent required - unless otherwise specified in a regional plan)
- creating smoke and fire effects for filming (no consent required unless otherwise specified in a regional plan).
2.2.6 Incinerators at schools and healthcare institutions
Regulation 11 specifies:
11 Incinerators at schools and healthcare institutions
The operation of an incinerator at a school or healthcare institution is prohibited unless a resource consent has been granted for the discharge produced.
Note that this regulation applies from 1 October 2006.
The regulations define a healthcare institution as having the same meaning as in section 2(1) of the Health and Disability Commissioner Act 1994. This includes (amongst other things) health camps and facilities that provide chiropractic, dental, fertility, geriatric, gynaecological, rehabilitation, obstetric, osteopathy, maternity, medical, mental health, obstetric, physiotherapy, and surgical services.
Implementation
Note that the standard does not apply to school or hospital boilers. Waste should not be used as a fuel source or disposed of in boilers.
All schools and hospitals must obtain resource consents for existing waste incinerators by 1 October 2006. Any school or hospital wanting to operate a new incinerator after this date must also obtain resource consent. The standard states that any resource consent application for this activity is a discretionary activity.
When considering a resource consent application for an incinerator at a school or hospital, regional councils and unitary authorities must consider the ambient air quality standards if the discharge is significant. Details on resource consents under the national environmental standards are provided in section 3.6.
In addition to this, it is recommended that councils should also consider all products of combustion including:
- smoke
- oxides of nitrogen
- carbon monoxide
- sulphur dioxide (depending upon the fuel)
- fine particles (PM10)
- heavy metals
- volatile organic compounds (VOCs)
- dioxins.
It may be necessary to undertake a health risk assessment from these sources.
Schools
There are 2,700 schools in New Zealand; approximately 2,300 of these are state schools, 300 integrated schools (eg, Catholic schools) and approximately 100 are private schools. Many of these have operable incinerators. The Ministry of Education is in the process of assessing all state schools against best practice for waste management. The assessment considers the costs and benefits of alternative disposal options such as composting (for organic waste), recycling and landfills. Schools are being strongly encouraged to cease using incineration for waste disposal.
It is expected that the majority of schools will be able to use alternative recycling or disposal options.
Healthcare institutions
Many medical wastes can be treated by new technologies such as steam sterilisation and autoclaving. Hospitals are strongly encouraged to cease using incineration for waste disposal.
2.2.7 High-temperature hazardous waste incinerators
Regulation 12 specifies:
12 High-temperature hazardous waste incinerators
(1) The operation of a high-temperature hazardous waste incinerator is prohibited.
(2) Subclause (1) does not apply if the incinerator -
a. is a crematorium; or
b. is operating at the following places:
i. 89 Paritutu Road, New Plymouth:
ii. 816 Wairakei Road, Christchurch:
iii. Hape Drive (perimeter road), Auckland International Airport, Auckland.
The regulations define a high temperature hazardous waste incinerator as:
an incinerator that is designed and operated principally for burning hazardous waste at a temperature greater than 850 degrees C as measured -
(a) near the inner wall of the incinerator; or
(b) at another point in the combustion chamber where the temperature is likely to represent the temperature in the incinerator.
The regulations define hazardous waste as follows:
Hazardous waste means waste that -
(a) belongs to 1 or more of the categories in Annex I of the Basel Convention; and
(b) has 1 or more of the characteristics in Annex III of that Convention.
The Basel Convention and its Annexes are given in Appendix 2 of this report and can be viewed at www.basel.int/text/con-e.htm/
Amendments
The definition of hazardous waste was amended in August 2005 to align with the definition of hazardous waste in the Basel Convention.
Implementation
The standard prohibits any new high temperature incinerators operated for the principal purpose of the destruction of hazardous wastes.
An exemption was provided for three high temperature hazardous waste incinerators operating in New Zealand at the time of the regulation coming into force in 2004. Since that time the Christchurch incinerator has been closed and the Auckland facility is due to be closed too. No new facilities on other sites will be allowed. The remaining incinerator in New Plymouth will continue to operate under the terms of its resource consents. Upon the expiry of this consent, the operators will need to obtain a new resource consent to continue operating. Reconsenting of this facility is not prohibited under the standard.
The definition of an incinerator is "an incinerator that is designed and operated principally for burning hazardous waste..." This standard does not therefore apply to metal plants, cement kilns and other industries that burn waste (eg, tyres, used oil and pot liners from aluminium smelters) at high temperatures as a fuel source. The standard does not apply to crematoriums or to incinerators converting municipal waste to energy. Any of these activities will be subject to any relevant regional plan rules and obtaining resource consent approval.
The Ministry of Agriculture and Forestry would be exempt from the standard if it evoked Part 6 provisions of the Biosecurity Act (1993). This is to provide for exotic animal disease outbreaks and other biosecurity risks, such as foot and mouth disease outbreaks.
Similarly, the New Zealand Defence Force would be exempt from the standard if it evoked its exemption under the RMA; this would include the operation of a specialist ammunition and explosives disposal facility.
Low temperature incinerators are not included within the regulation.
2.3 What the bans do not cover
To avoid confusion, the bans do not cover the following activities:
- backyard burning
- open fires
- waste to energy incinerators
- vitrification of sewage sludge.
2.4 How do the bans work in practice?
Regulations 4 and 5 outline how the bans apply.
4 Prohibition on discharges from certain activities
A discharge of a contaminant to air from an activity specified in any of regulations 6 to 12 is prohibited, except to the extent that the regulation provides otherwise.5 Prohibition on granting of resource consents for certain activities
(1) A resource consent may not be granted for a discharge of a contaminant to air from an activity specified in any of regulations 6 to 12, except to the extent that the regulation provides otherwise.
(2) If a resource consent is granted for an activity, the activity is a discretionary activity for the purposes of the Act.
The standards are mandatory regulations introduced through sections 43 and 44 of the RMA. They automatically supersede local controls placed by local government - unless the local government controls are stricter.
There is nothing in the standards that directly affects rules in plans. However, section 43B (the "stricter provision prevails rule") 'trumps' any rule which attempts to set a more lenient standard. The rule will be trumped whether or not it is in effect before the standard comes into force. There is no protection for rules in existence at the time the standards come into force.
Therefore, there is no need for regional councils and unitary authorities to initiate a review of their regional plan to bring them in compliance with the national environmental standards - the standards apply automatically. The Ministry recommends the use of clerical annotations to regional plans to inform readers that the relevant sections have been superseded by the national environmental standards.
Local controls can vary from the national environmental standards - if the local controls are stricter. For example, a council may consider that school incinerators should be banned in its region, rather than be able to operate under discretionary resource consent. Regional councils and unitary authorities would need to justify through the regional plan process why they want to be stricter than the national environmental standard.
2.4.1 Who do the bans affect?
The bans apply to all people undertaking the relevant activities, unless exemptions or resource consent requirement are specified in the regulations. Regional councils and unitary authorities will be responsible for monitoring and enforcing the bans.
2.4.2 What is the impact on existing resource consents?
Existing resource consents are not affected.
2.4.3 Enforcement
Any person carrying out an activity in contravention of the bans may be subject to enforcement action in accordance with the enforcement provisions of the RMA.
