• About this site|
• Site index|
• Contact us

Updated Users Guide to Resource Management Regulations 2004

1 Introduction

2 Dioxin and Other Toxic Substances

3 Ambient Air Quality National Environmental Standards

4 Design Standard for New Woodburners

5 Control of Greenhouse Gas Emissions at Landfills

References

Appendix 1: Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004

Appendix 2: Basel Convention: Annexes I and III

Appendix 3: Fine Particle Monitoring Methods

3 Ambient Air Quality National Environmental Standards

3.1 Introduction

This section discusses the national environmental ambient air quality standards (ambient standards) for New Zealand, and provides guidance on how they should inform management of air quality under the RMA. The ambient standards (see section 3.2) are based largely upon the existing Ambient Air Quality Guidelines (Ministry for the Environment, 2002a) and the relationship between the two is discussed in section 3.2.1.

The primary purpose of the ambient standards is to provide a guaranteed level of protection for the health of all New Zealanders.

The ambient standards are the minimum requirements that outdoor air quality should meet in order to guarantee a set level of protection for human health and the environment. The standards are ambient, that is, they apply outdoors. Details of where the standards do and do not apply are given in section 3.3.

The regulations place a requirement on regional councils to monitor air quality and to report exceedances to the public. Regional councils will not be required to monitor for each of the five ambient standards everywhere; councils should make an assessment which of the five pollutants are likely to be exceeded in each airshed, and then monitor only for these. In the majority of cases, monitoring will only be necessary for fine particles. Minimum monitoring requirements for effective air quality management are outlined in section 3.4.

In August 2005, the definition of an airshed was amended so that all regions of New Zealand are airsheds and the ambient standards apply everywhere. In addition to this, the Minister of the Environment gazetted 38 separate airsheds inside each region on behalf of the regional councils and unitary authorities (see section 3.3). These separate airsheds are areas that are known, or likely, to exceed the ambient standards and to which resource consent restrictions apply. The regulations have different requirements for different pollutants when making decisions on resource consent applications. For example, in airsheds where ambient air quality exceeds the fine particle standard, emission reduction strategies should be implemented to improve air quality, so that the standard concentration is achieved no later than 2013. Details of the regulatory requirements for each contaminant are given in section 3.6 (fine particles), section 3.7 (sulphur dioxide) and section 3.8 (other contaminants).

Section 3.9 focuses on the implementation of the standards and outlines how the regulations will work in practice for regional councils and territorial authorities. Additional discussion on resource consents is provided in section 3.9.3 (existing consents) and section 3.9.4 (new consents). Further details on offsets and how they may be applied is given in section 3.9.5.

It is well known that a number of urban areas do not meet the ambient standard for fine particles. Whilst not a statutory requirement, councils are invited to develop airshed action plans to assist them in achieving compliance with the standard by 2013. A recommended five-step process for development of an airshed action plan is given in section 3.10.1.

3.2 What are the ambient standards?

Regulation 13 provides for ambient air quality concentration limits as follows:

13 Ambient air quality standards

(1) The ambient air quality standard for a contaminant listed in the first column of the table in Schedule 1 is that the concentration of the contaminant must not exceed its threshold concentration except to the extent and in the circumstances (if any) listed in the third column of that table.

(2) For the purposes of these regulations, an ambient air quality standard is breached if the concentration of the contaminant concerned exceeds its threshold concentration otherwise than to the extent and in the circumstances (if any) listed in the third column of the table in Schedule 1.

(3) For the purposes of this regulation and Schedule 1, threshold concentration means the concentration of the contaminant listed in the second column of the table in Schedule 1 calculated over the time interval specified in that column.

Schedule 1 of the Regulation sets out ambient air quality concentration limits for the following pollutants:

• carbon monoxide (CO)
• nitrogen dioxide (NO₂)
• ozone (O₃)
• fine particulate matter that is less than 10 microns in diameter (PM₁₀)
• sulphur dioxide (SO₂).

As detailed in regulation 13 this means that the ambient air quality standards comprise these concentrations specified for a particular time average with a specified number of permissible exceedances each year as summarised in Table 2.

Table 2: Ambient air quality standards from 1 September 2005

The standards in Table 2 require the following:

• an ambient air quality concentration of 10 mg/m³ (eight hour average) for CO. The standard must be met for all but one eight-hour period each year.
• an ambient air quality concentration limit of 200 µg/m³ (one hour average) for NO₂. The standard must be met for all but nine hours each year
• an ambient air quality concentration limit of 150 µg/m³ (one hour average) for O₃. The standard must be met for 100 percent of the time with no allowable exceedances
• an ambient air quality concentration limit of 50 µg/m³ for fine particles as a 24-hour average. The standard must be met every day of the year but one. Note that this document refers to the PM₁₀ standard as being the 'fine particle' standard
• an ambient air quality concentration limit of 350 µg/m³ (one hour average) for SO₂. This must be met for all but nine hours each year
• a maximum ambient air quality concentration limit of 570 µg/m³ (one hour average) for SO₂. This must be met for 100 percent of the time with no allowable exceedances.

The ambient standards came into force on 1 September 2005.

3.2.1 What about the Ambient Air Quality Guidelines?

The ambient standards are based upon the existing Ambient Air Quality Guidelines (MfE, 2002a). These guidelines were developed following a comprehensive review of international and national research, and are widely accepted amongst New Zealand practitioners. It is important to understand how the standards and guidelines fit together in the regulatory framework.

The Ambient Air Quality Guidelines were published by the Ministry for the Environment as guidance under the RMA. They provide the minimum requirements that outdoor air quality should meet in order to protect human health and the environment. Guideline levels for pollutants (and averaging periods) not covered by the standards still apply. The standards replace any previous guideline levels for that particular pollutant and averaging period.

Where air pollution levels breach guideline values, emission reduction strategies should be implemented to improve air quality. Where levels do not breach the values, efforts should be made to maintain air quality and, if possible, reduce emissions. These recommendations still apply to pollutants not included within the standards.

The standards provide baseline ambient air quality protection for all New Zealanders. They override any less stringent requirements in regional plans and may trigger a review as outlined below.

Guidance for air quality management

In addition to setting quantitative guidelines, the Ambient Air Quality Guidelines (Ministry for the Environment, 2002a) outline good practice guidance on the amount and location of monitoring, evaluating reduction strategies, and so on. This guidance is still valid but it has been expanded with the introduction of the ambient standards. Further guidance on air quality management with respect to the ambient standards is provided in section 3.10.

3.3 Where do the standards apply?

The definition of airsheds and the clause relating to application of the ambient standards were amended in August 2005 to clarify application of the ambient standards. Clause 14 states:

14 Application of standards

(1) The ambient air quality standard for a contaminant applies at any place -

(a) that is in an airshed; and

(b) that is in the open air; and

(c) where people are likely to be exposed to the contaminant.

(2) However, if the discharge of a contaminant is permitted by a resource consent, the ambient air quality standard for the contaminant does not apply to area that the resource consent applies to.

The regulations define an airshed as follows:

airshed means

(a) the region of a regional council excluding any area specified in a notice under paragraph (b):

(b) a part of the region of a regional council specified by the Minister by notice in the Gazette to be a separate airshed.

In simple terms this means that the standards apply to all regions in New Zealand. Further, the standards apply in the open air everywhere people may be exposed. This includes roadside verges, residential areas, central business districts, parks, beaches, etc.

Areas which are not in the open air and where the standards do not apply include:

• inside a house
• inside tunnels
• inside vehicles.

Further, the ambient standards do not apply to sites to which resource consents apply. For example, Acme Cement may operate a large cement kiln with emission limits specified in their resource consent for discharges of carbon monoxide (CO). The ambient standard for CO does not apply within the area to which Acme's resource consent applies (often this is the site boundary). This is because the workers on the Acme site are protected under health and safety legislation. Off-site next door at the Green Fingers Garden Centre, however, the ambient standard for CO does apply - to protect the health of any public that may be exposed to emissions of CO.

3.3.1 Defined airsheds under the regulations

The regulations attach monitoring, reporting, and consent decision requirements to airsheds. In this context, the term 'airshed' as used in the regulations is more akin to an 'air quality management area' rather than a strictly science-based concept of an airshed (although in many instances the two are equivalent).

In August 2005, the Minister for the Environment specified 38 airsheds by notice in the New Zealand Gazette. A full list of airsheds is provided in Table 3.

Table 3 Airsheds gazetted for New Zealand (as at 1 September 2005)

View the airsheds gazetted for New Zealand (large table)

These airsheds were designated through recommendations by regional councils and unitary authorities to the Minister. They extend upwards from ground level, with no specified upper limit, including coastal marine areas. In most cases they represent areas where it is known, or likely, that the fine particle ambient standard is exceeded. [The exception to this is the Marsden Pt airshed which is based on sulphur dioxide.]

Detailed maps of all gazetted airsheds are held in Landonline, New Zealand's authoritative database for land title and survey information. [Note that under the Cadastral Survey Act 2002, "land" includes subsoil, airspace and water and marine areas, and also includes interests in or over land. Official website for landonline: www.landonline.govt.nz/] Copies of the plans are available to the public via Landonline terminals in LINZ offices, or through anyone with online access, such as property professionals (eg, surveyors and lawyers). Many territorial authorities have access to Landonline. Additionally, copies are available from LINZ in pdf format for a small fee.

Will these airsheds be changed or amended?

It is possible to amend the airsheds. Councils (and/or the Minister) may wish to change boundaries or notify new airsheds due to changing circumstances over time.

3.4 Monitoring requirements

Regulation 15 requires the following:

15 Regional council must monitor air quality if standard breached

If it is likely that the ambient air quality standard for a contaminant will be breached in an airshed, the regional council must -

a. monitor the airshed in relation to that contaminant; and

b. conduct the monitoring -

(i) in that part of the airshed where -

A. there are one or more people; and

B. the standard is breached by the greatest margin or the standard is breached the most frequently, whichever is more likely; and

(ii) in accordance with the relevant method listed in Schedule 2.

The regulations stipulate that monitoring must be carried out where people are exposed and the standards are most likely to be exceeded by the greatest margin or with the most frequency, whichever is the most likely. In essence, this places an onus on councils to monitor in the "worst" location. "Worst" is defined by the type of exposure, be it intensity and/or duration.

It is recognised that some councils may face difficulties in defining the 'worst' location as there may be a number of locations that are equally 'bad'. For example, one area may experience extremely high levels but only on odd occasions, whereas another area may have lower levels of pollution but be consistently elevated. In such cases it is recommended that councils further take regional exposure (ie, how many people are exposed) into consideration.

All monitoring locations should comply with the recommended site categories described in the Ministry for the Environment's Good Practice Guide for Air Quality Monitoring and Data Management (Ministry for the Environment, 2000), in particular the siting requirements of AS 2922.

Regions may be split into multiple airsheds or, conversely, multiple areas that are geographically separate can be designated as one airshed. Monitoring is required depending upon the state of air quality in each airshed - the regulation states that monitoring must be carried out if it is likely that the ambient air quality standard will be exceeded. If it is likely that the airshed will not exceed an ambient standard concentration limit, then the airshed does not have to be monitored for the purposes of the regulation.

If a council chooses to classify a number of differing parts of its region as one airshed area (eg, three towns of a similar size and nature), monitoring will need to be undertaken in the town that is likely to exceed the standard by the greatest margin or where it is exceeded most frequently. Monitoring data from this town will then be representative of the air quality in the other towns included within the same airshed.

Further guidance on monitoring is provided in the Ambient Air Quality Guidelines (Ministry for the Environment, 2002a) and the Good Practice Guide for Air Quality Monitoring and Data Management (Ministry for the Environment, 2000).

3.4.1 Monitoring methods

Schedule 2 of the regulation provides standard methods for ambient air quality monitoring as summarised in Table 4. These methods must be used for determining compliance with the standards.

Table 4: Monitoring methods for ambient standards

Only the methods specified in Table 4 may now be used for monitoring carried out for the purposes of the regulations. This has important consequences for monitoring of fine particles, and this is discussed further in section 3.4.2.

In most instances, meteorological monitoring will be needed alongside the ambient monitor. This is because good meteorological information is essential in analysing and interpreting ambient monitoring data; that is, providing information for effective regional air quality management.

Training workshops on ambient air quality monitoring are run annually by the Clean Air Society Australia New Zealand (CASANZ) in conjunction with the Ministry for the Environment. These range from introductory to advanced. Current best practice is for such monitoring to be accredited with International Accreditation New Zealand (IANZ). In future years it is likely that ambient monitoring for the purposes of the national environmental standards will similarly require accreditation.

3.4.2 Monitoring of fine particles

Monitoring for fine particles, for the purposes of the regulations, requires continuous monitoring in order to calculate a daily 24-hour mean. This is necessary to properly assess compliance with the fine particle standard (50 micrograms per cubic metre not to be exceeded more than one 24-hour period in a 12-month period). Consequently, 'one day in three' or 'one day in two' monitoring is not sufficient for measuring ambient fine particles for the purposes of the standard.

Schedule 2 of the regulations provides for two methods for monitoring fine particles - both of them gravimetric. Included in the US gravimetric method, however, are equivalent methods such as Beta Attenuation Monitors (BAMs), tapered element oscillating microbalance monitors (TEOMs) and low volume samplers (which must be capable of providing continuous monitoring).

With respect to TEOMs, the intent is to continue with current best practice as outlined in the Good Practice Guide for Air Quality Monitoring and Data Management (Ministry for the Environment, 2000). This requires the development of a site-specific adjustment factor, or the use of Filter Dynamics Measurement System (FDMS), to ensure the volatile fraction is not lost. Further an operating temperature of 40 degrees Celsius is recommended.

For full details of all acceptable monitoring methods for fine particles refer to Appendix 3. This list is updated periodically to reflect technology changes - for an up to date list refer to the Ministry for the Environment website.

3.5 Reporting requirements

Regulation 16 requires the following:

16 Regional council must give public notice is standard breached

1. A regional council must give public notice if the ambient air quality standard for a contaminant is breached in an airshed in its region.

2. The notice must -

a. be given periodically, at least once a month, until the standard is no longer being breached; and

b. be given in accordance with the Act; and

c. include -

(i) the name of the contaminant to which the notice relates; and

(ii) the time and place at which the standard was breached; and

(iii) the extent to which the standard was breached.

The regulation requires councils to give public notice at least once a month if an ambient standard concentration limit is exceeded in an airshed within its region. Notice must be given in accordance with the definition of public notice within the RMA. This requires a notice published in a daily newspaper circulating in the region.

For an ambient air quality standard to be exceeded, each of the following, as defined in Schedule 1 of the regulations, must be exceeded:

• the threshold concentration of the contaminant (over the relevant time average)
• the permissible number of exceedances each year.

For example, one exceedance of the daily fine particle (PM₁₀) threshold concentration is permitted. It is only when the daily fine particle threshold concentration is exceeded for the second time that a council would be required to report publicly. In this case the council would report the second daily concentration (maximum) value, for that location, within one month of the breach occurring. The council would not have to give notice each month from then on that the standard has been exceeded on that occasion. The council does however, have to similarly report any further exceedances of the daily fine particle threshold concentration that may occur after this time.

Schedule 2 provides for permissible exceedances over a 12-month period. The ambient standards came into force on 1 September 2005 which would imply that for reporting purposes the 12-month period begins each year on 1 September. This is consistent with the requirements of the straight line path to compliance which typically starts on 1 September. [Or date of airshed gazetting.] The Ministry is however, in the process of developing guidance for reporting under the standards and this may take the more convenient form of the calendar year to fit in with current council reporting practice.

It is important to note the difference between compliance with the regulations and a breach of the ambient standard. A council that publicly notifies an exceedance of the air quality concentration limits (breach) has fulfilled its monitoring and reporting requirements under the national environmental standards and is in compliance.

3.6 Resource consents and fine particles

The regulations place different constraints upon the resource consent process depending upon the contaminant of concern.

For fine particles (PM₁₀) there are stringent conditions relating to discharges from industrial sources. This is because ambient fine particle levels in most urban centres are known to exceed the standard. These constraints are time limited to allow councils time to meet the ambient standards.

3.6.1 Before 1 September 2013 (airshed not in compliance)

Regulation 17 requires the following:

Resource consents for discharges of PM₁₀

17 Application of regulations 17A to 17C

(1) Regulations 17A to 17C apply to an application for a resource consent to discharge PM₁₀ into an airshed before 1 September 2013, if -

(a) the concentration of PM₁₀ in the airshed already breaches its ambient air quality standard; and

(b) the discharge to be permitted by the resource consent is likely to increase significantly the concentration of PM₁₀ in the airshed.

(2) Regulation 17A applies to an application if -

(a) there is no regional plan that applies to the airshed; or

(b) there is a regional plan that applies to the airshed, but the plan does not comply with regulation 17B(2).

(3) Regulation 17B applies to an application if there is a regional plan that applies to the airshed and the plan complies with regulation 17B(2).

(4) Regulation 17C applies to an application if the application cannot be granted under regulation 17A or regulation 17B and either -

(a) the concentration of PM₁₀ in the airshed, at the time the application is decided, is on or below the straight line path or the curved line path; or

(b) the application has been made in circumstances to which section 124 applies and the concentration of PM₁₀ in the airshed, at the time the application is decided, is above the straight line path or the curved line path.

Deciding factors: airshed status and significance

There are two key deciding factors for all applications for resource consent under regulation 17:

(i) the state of air quality in the airshed, ie, it only applies to airsheds that exceed the fine particle standard, and

(ii) the proposed discharge is likely to "increase significantly the concentration of fine particles in the airshed" - in other words, the impact of the discharge to be permitted is significant.

If one, or neither, of these conditions are satisfied then it is not necessary to consider resource consents for discharges of fine particles under regulation 17. For example, an application for a discharge that would significantly increase concentrations in an airshed where the fine particle standard is not exceeded does not need to be decided in accordance with regulation 17. Neither would an application for consent for an insignificant discharge in an airshed where the fine particle standard is exceeded.

Regional councils are comfortable with the definition of significance as this is well established in case law.

If the two conditions are satisfied, ie, the impact of the discharge is significant and is into an airshed where the fine particle standard is breached, then the application for consent must be considered as follows:

• 17A applies to applications for consents for new discharges in accordance with straight line path requirements
• 17B applies to applications for consents for new discharges in accordance with curved line path requirements
• 17C applies to applications for consents for existing discharges (ie, renewals) and applications incorporating offsets.

Thus the approach to compliance with the fine particle standard (ie, a straight or curved line path) becomes the next deciding factor in how the resource consent application may be considered.

Paths to compliance

The regulations provide for two approaches to compliance with the fine particles standard:

curved line path means a curved line that

(a) starts on the y axis of a graph at a point representing, as at 1 September 2005 or the date that the plan is publicly notified ( whichever is the later), the concentration of PM₁₀ in the airshed; and

(b ends on the x axis of the graph at a point representing as at 1 September 2013, the ambient air quality standard for PM₁₀ in the airshed

regional plan includes a proposed regional plan

relevant date means -

(a) in the case of an airshed that is the region of a regional council, 1 September 2005:

(b) in the case of an airshed that is part of the region of a regional council, the date of the notice in the Gazette that specifies the part to be a separate airshed

straight line path means a straight line that

(a) starts on the y axis of a graph at a point representing, as at the relevant date, the extent to which the concentration of PM₁₀ in the airshed breaches its ambient air quality standard; and

(b) ends on the x axis of the graph at a point representing, as at 1 September 2013, the ambient air quality standard for PM₁₀ in the airshed.

For the purposes of deciding resource consents, the 'straight line path' and 'curved line path' are projections of how the regional council will attain compliance with the fine particle standard by 1 September 2013. They are determined by two things:

• the state of the air quality at the relevant date (ie, when the ambient standards come into force on 1 September 2005 or the gazettal date of their airshed), and
• the rate at which things must improve to achieve compliance by 1 September 2013.

These are plots of emissions versus time as shown in Figure 1.

Detailed guidance on the development of straight and curved line paths has been provided as a research outcome of the Foundation for Research Science and Technology funded Clean Air Programme and are posted on the following website: www.niwascience.co.nz/ncces/air_quality

Figure 1: Straight/Curved Line Paths to Compliance

In addition to these projected paths to compliance, as time passes councils will be able to plot their observed path to compliance, ie, a plot of concentration versus time.

Resource consent processing

Regulations 17A to 17C provide the following:

17 A Application must be declined if discharges likely to cause concentration of PM₁₀ in airshed to be above straight line path

(1) A consent authority must decline an application for a resource consent to which regulation 17(2) applies if the discharge to be permitted by the resource consent is likely to cause, at any time, the concentration of PM₁₀ in the airshed to be above the straight line path.

(2) This regulation does not prevent an application declined under this regulation being decided under regulation 17C if that regulation applies to the application.

17B Application must be decided in accordance with regional plan if regional plan provides for curved line path

(1) An application to which regulation 17(3) applies must be granted or declined in accordance with the regional plan applying to the airshed if the regional plan complies with subclause (2).

(2) The regional plan must contain -

(a) a curved line path that shows how the ambient air quality standard for PM₁₀ will be achieved in the airshed on or before 1 September 2013; and

(b) rules that ensure that an application for a resource consent is declined if the grant of the resource consent is likely to cause, at any time, the concentration of PM₁₀ in the airshed to be above the curved line path.

(3) This regulation does not prevent an application declined under this regulation being decided under regulation 17C if that regulation applies to the application.

17C Other applications must be declined unless discharges offset

(1) The consent authority must decline an application for a resource consent to which regulation 17(4) applies unless the applicant reduces the amount of PM₁₀ discharged from another source into the same airshed.

(2) If, at the time the application is decided, the concentration of PM₁₀ in the airshed -

(a) is on or below the straight line path or the curved line path, the reduction in discharges must be equal to or greater than the concentration of PM₁₀ in the airshed above the straight line path or curved line path caused by the discharge permitted by the resource consent:

(b) is above the straight line path or the curved line path, the reduction in discharges must be equal to or greater than the amount of the discharge permitted by the resource consent.

(3) The reduction in discharges of PM₁₀ must -

(a) take effect within 1 year after the grant of the resource consent; and

(b) be effective for the duration of the resource consent.

Regulations 17A - 17C means that in areas where levels of fine particles exceed the standard, councils must not give consent for significant discharges of fine particles to air if the discharges are likely to cause the airshed to be above the 'straight line path' or 'curved line path' to meeting the standard.

Thus, taking the above factors into account - status of airshed, significance of discharge, approach to compliance (projected) and status of compliance (observed) - the application for resource consent may then be decided as detailed in Table 5.

Table 5 Resource consents for significant discharges of PM₁₀ under section 17

It is worth noting that the curved line path has additional conditions to the straight line path. Whilst regulation 17 specifies that a curved line path must be contained within a regional plan, regulation 17B further requires the regional plan to have rules restricting the granting of resource consents (within this alternative path to compliance with the fine particle standard by 2013).

Offsets

Offsets are mitigation measures included in a proposal to 'offset' predicted impacts so that emissions from the new activity are 'offset' by emission reductions elsewhere in the airshed. An example would be an industrial development helping to reduce emissions from a hospital boiler located nearby. The reduced fine particle emissions from the hospital boiler offset the proposed industrial discharges of fine particles.

Regulation 17 was amended in July 2005 to explicitly provide for the use of offsets when considering applications for resource consents for significant discharges of fine particles into airsheds where the standard is exceeded.

The key provisions for offsets in regulation 17C are:

• they must be from another source into the same airshed
• they must take effect within one year after the grant of the resource consent; and
• they must be effective for the duration of the consent.

The amount of the offset is dictated by the observed path to compliance as follows:

• if the airshed is on or below the path to compliance then the offset must be at least equal to the change in concentrations caused by the resource consent, or
• if the airshed is above the path to compliance then the reduction must be at least equal to the amount of discharge permitted by the resource consent.

Regulation 17C does not make provision for consideration of the following:

• the nature of the contaminants being 'put-in' needs to be similar to those 'taken-out'
• the spatial and temporal improvement from the 'take-out' of emissions giving benefits in the area impacted by the 'put-in' at the relevant time (ie, location and duration of emissions must also be considered) - other than being in the same airshed.

This emissions offset may be carried out by the proponent of the proposed activity or by the regional council.

3.6.2 Before 1 September 2013 (airshed in compliance)

Regulation 18 requires the following:

1. This regulation applies to an application for a resource consent to discharge PM₁₀ into an airshed -

a. Where the concentration of PM₁₀ in the airshed does not breach its ambient air quality standard; and

b. If the application is made before 1 September 2013.

2. A consent authority must decline an application for a resource consent to which subclause (1) applies if the discharge to be permitted by the resource consent is likely, at any time, to cause the airshed to exceed the ambient air quality standard for PM₁₀.

In areas where fine particle levels do not exceed the concentration limit, councils must not give consent for discharges of fine particles to air if the discharges are likely to cause the airshed to exceed that concentration.

This requirement is quite clear in relating the discharge to being the cause of the standard being exceeded. This means that in areas that have very low background levels of fine particles, it would not be permissible to grant consent to a large discharge of fine particles that, on its own, caused a breach of the standard concentration. Similarly, in areas of relatively high background levels of fine particles (but below the standard) it would not be permissible to grant consent to a small discharge of fine particles if it pushed ambient levels in the airshed over the standard concentration.

Note that this regulation applies to all applications for resource consents for discharges of fine particles - there is no test of 'significance'.

3.6.3 After 31 August 2013

Regulation 19 requires the following:

1. After 31 August 2013, no resource consent to discharge PM₁₀ into an airshed may be granted if -

a. the concentration of PM₁₀ in the airshed breaches its ambient air quality standard; or

b. the granting of the resource consent is likely, at any time, to cause the concentration of PM₁₀ in the airshed to breach its ambient air quality standard.

After this date, in airsheds where fine particles levels exceed the standard, councils cannot give consent to any discharges of fine particles to air. In airsheds where levels of fine particles do not exceed the standard, councils must not give consent for discharges to air of fine particles if the discharges are likely to cause the airshed to exceed the standard.

Note that this regulation applies to all applications for resource consents for discharges of fine particles - there is no test of 'significance'.

3.7 Resource consents and SO2

From 1 September 2005, regulation 21 requires that:

21 Resource consents for discharge of sulphur dioxide

A consent authority must decline an application for a resource consent to discharge sulphur dioxide into air if the discharge to be permitted by the resource consent is likely, at any time, to cause the concentration of sulphur dioxide in the airshed to breach its ambient air quality standard.

This requirement is quite clear in relating the discharge to being the cause of the standard concentration being exceeded.

This means that in areas with very low background SO2 levels, councils cannot grant consent to a large source of SO2 that, on its own, would cause the concentration limit to be exceeded (either 350 µg/m³ for more than eight hours a year or 570 µg/m³ ever).

Conversely, in areas of high background levels of SO2, but below the standard concentration, (ie, with existing industrial sources) it would not be permissible to grant consent to a small discharge of SO2 if it pushed ambient levels in the airshed over the concentration limit.

3.8 Resource consents and other contaminants

From 1 September 2005, regulation 20 requires that:

20 Resource consents for discharge of carbon monoxide, oxides of nitrogen, and volatile organic compounds

(1) A consent authority must decline an application for a resource consent to discharge carbon monoxide into air if the discharge to be permitted by the resource consent -

(a) is likely, at any time, to cause the concentration of that gas in the airshed to breach its ambient air quality standard; and

(b) is likely to be a principal source of that gas in the airshed.

(2) A consent authority must decline an application for a resource consent to discharge oxides of nitrogen or volatile organic compounds into air if the discharge to be permitted by the resource consent -

(a) is likely, at any time, to cause the concentration of nitrogen dioxide or ozone in the airshed to breach its ambient air quality standard; and

(b) is likely to be a principal source of oxides of nitrogen or volatile organic compounds in the airshed.

(3) In this regulation, volatile organic compound -

(a) means a hydrocarbon based compound with a vapour pressure greater than 2 millimetres of mercury (0.27 kilopascal) at a temperature of 25°C; but

(b) does not include methane.

Regulation 20 applies only to discharges that are 'a principal' source of gas in the airshed. Therefore, in areas of very low background NO2, it would not be permissible to grant consent to a large discharge of nitrogen oxides (g, 'a principal source') that caused a breach of the NO2 standard. However, in areas of relatively high background NO2 (but below the standard) it could be permissible to grant consent to a small discharge of nitrogen oxides - even if it pushed ambient levels of NO2 in the airshed over the standard.

Ozone and nitrogen dioxide are both secondary pollutants being formed in ambient air from other pollutants (oxides of nitrogen and volatile organic compounds). Regulation 20 was amended in July 2005 to reflect this and to provide a definition of volatile organic compounds.

3.9 How will this work in practice?

Notwithstanding the constraints upon resource consent decisions, the ambient national environmental standards impact on all decisions made under the RMA that relate to air quality.

For example, a regional council may currently permit a range of activities (e.g. coal-fired boilers under 5 MW in size) in their regional plan. These activities may cumulatively be making a significant contribution to exceedances of the ambient standard for fine particles. If so, the regional council may need to review their regional plan.

Application of the standards with respect to regional plans, designations and resource consents (both existing and new) are discussed in more detail below.

3.9.1 Regional plans

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 or air quality targets in regional plans. However, section 43B (the 'stricter provision prevails rule') overrides any rule or target which attempts to set a more lenient standard. The rule or target will be overridden whether 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 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.

The national ambient standards are not, for the purposes of any regional plan, air quality targets. The ambient standards are national regulations and they must be met, as opposed to a target, which is something to aim for. In this respect the ambient standards are more akin to rules in regional plans, albeit rules that are made by central government and automatically applicable to every regional plan in the country, irrespective of the plan's status.

3.9.2 Designations

A designation is a provision in a district plan which provides notice to the community of an intention by a requiring authority (eg, a road controlling authority) to use land in the future for a particular work or project (eg,. road, airport, etc). Once a site is designated for a particular purpose, the requiring authority is able to proceed with the specific work on the site as if it were permitted by the district plan.

The regulations do not apply to existing designations.

For new designations after 1 September 2005, territorial authorities and/or requiring authorities should consider the ambient air quality standards when weighing up whether new designations, or alterations to existing designations, meet the purposes of the RMA (eg, safeguarding the life-supporting capacity of air). Territorial authorities will need to take into account the potential impacts of a new designation on air quality in the airshed, and the subsequent impact upon their ability to issue future resource consents within that airshed.

Additional guidance for territorial authorities and regional councils will be provided on assessing discharges from transport with respect to the ambient standards.

3.9.3 Existing consents

Review of consents

Section 43E(3) of the RMA provides that the standards do not affect consents that have commenced before 1 September 2005.

Renewal of existing consents

Under the RMA, consents up for renewal are treated as 'new' consents.

For example, an existing industry applying for consent to continue to discharge SO2 would not be permitted if it resulted in a breach of the SO2 ambient standard.

3.9.4 New consents

As outlined above, the introduction of the ambient standards places differing constraints upon the resource consent process. For discharges of fine particles, the first issue that should be addressed is whether or not the discharge will result in a significant increase in concentrations. If so, the next issue is to determine the scope of discharge - does it require a complex assessment or can a simple calculation (eg, comparison of in-stack concentrations) address the standards.

Detailed assessments should be carried out using predictive tools such as computer dispersion modelling in accordance with the Ministry Good Practice Guide for Atmospheric Dispersion Modelling (Ministry for the Environment, 2004e). This document contains comprehensive protocols on how to carry out dispersion modelling. [Copies available at www.mfe.govt.nz/publications/]

3.9.5 Enforcement

Any council that does not undertake the requirements outlined in the regulations, or fails to enforce the regulations, is failing to meet its responsibilities under the RMA.

3.10 Implementing the standard

The following guidance relates to implementing the ambient standards - in particular what to do in airsheds that exceed the standards. This includes both statutory requirements (eg,. development of a straight line path) and non-statutory recommendations (ie, airshed action plans).

Where an airshed is known to breach the standards, the regional council must develop a path to compliance with the standard by 2013. Councils may choose to develop straight/curved line paths via regional plan reviews.

Detailed guidance on the development of straight and curved line paths has been provided as a research outcome of the Foundation for Research Science and Technology funded Clean Air Programme and are posted on the following website: www.niwascience.co.nz/ncces/air_quality/

In simple terms, councils with air quality that exceeds the standards will be required to take action. In particular, those airsheds exceeding the fine particle standard face constraints on resource consents up to September 2013. After this date, if they still exceed the fine particle standard, no consents are permitted. There are, therefore, significant implications for communities - and councils - if they do not implement an appropriate response.

3.10.1 How to set up an airshed action plan for fine particles

Of the 38 airsheds gazetted by the Minister in August 2005, most are known or likely to exceed the fine particle standard. Regional councils are invited to consider developing an airshed action plan to move towards compliance with the fine particle standard by 2013.

Airshed action plans may also be prepared for areas that do not breach the ambient standards - to ensure that this remains the case. An airshed action plan is not a legal requirement of the regulations, rather it is a strategy to achieve compliance.

An effective air quality management framework is shown in Table 6. Any airshed action plan needs to address these key elements to successfully (and efficiently) target problem emissions.

It is recommended that airshed action plans be prepared in a transparent manner so that affected parties, which include the general public and industry, are informed and able to participate. This does not mean however, that full consultation as defined under the RMA is necessary - such decisions are at the discretion of the council.

Table 6: Elements of an air quality management framework*

* Adapted from Elsom (2004).

The preparation of an airshed action plan may be broken into five steps as outlined below.

Step 1. Assess

The first step in preparing an airshed action plan is to know what you know and equally important - to know what you don't know.

By considering each of the essential air quality framework elements listed in Table 6, consider what information may be needed:

• What are the standards to achieve? (NES and regional plan ambient air quality targets/goals may also include national ambient air quality guidelines).
• What data is available on:
  • air quality (pollutant monitoring)
  • meteorology (meteorological monitoring)
  • topography
  • emissions (source, profile)
  • dispersion characteristics
• population exposure (location, demographics, mortality and morbidity, health effects, costs)
• What are the limitations of the data?
• What is the data showing us (current/historical trends)?
• Does this ring true (ie, is the data validated)?

Depending upon the size and complexity of the airshed it may not be necessary to have accurate and complete information on all data listed above. But it will be vital to have enough to provide a comprehensive understanding - key issues are:

• whether or not the air quality meets the ambient standards
• the link between emissions and ambient levels (eg, 1,000 kg/day of fine particles equates to a 10-year maximum of 75 µg/m³ fine particles as a 24-hour average under worst-case meteorological conditions) [All examples are purely hypothetical.]
• profile of key sources (eg, of the 1,000 kg/day of fine particles, 700 kg/day comes from home heating in winter and are spread evenly over the western, northern and southern areas of the airshed)
• estimated impacts for the airshed (eg, western and northern suburbs are estimated to have the highest exposure)
• important sensitive or peak impacts in the airshed (eg, central business district east is known to have a 'canyon effect' during morning and evening rush hour).

Step 2. Project

Once a council has determined the state of ambient air quality at present, it is then possible to estimate the state of ambient air quality in the future.

Before predicting what would happen to air quality by 2013 it is important to establish a 'do-nothing' or status-quo approach. This base case should incorporate the following:

• impact of national environmental standards for prohibited activities (if any)
• impact of national environmental design standard for new woodburners
• improvements expected as a result of national fuel specification regulations
• improvements expected as a result of national vehicle emission control regulations
• improvements expected as a result of regional regulatory requirements (eg, regional air plan rules, regional policy statements, regional land transport strategies)
• known changes in industrial developments (eg, existing resource consent applications)
• projected changes in population.

Only once the base case scenario has been established can we determine (based on the existing air quality and the anticipated changes expected from a do-nothing approach) what is necessary to meet the fine particle standard by 2013. Alternatively, if the existing air quality already meets the standards, what is necessary to ensure that the standards continue to be met.

This will vary for each council but it is already known that in the majority of urban areas in New Zealand the number one source is domestic home heating so it is likely that this is where the majority of efforts will be focused.

Guidance on reducing emissions from domestic home heating is provided in Reducing Emissions from Domestic Home Heating Air Quality Technical Report No.26 (Ministry for the Environment, 2002b).

Step 3. Identify and prioritise

Using the information gathered above it will then be necessary to identify and then prioritise policies or strategies to improve air quality in that particular airshed. Quick gains may be made in targeting the 'low hanging fruit' (eg, banning open burning). It is likely, however, that careful attention will need to be given to the costs and/or benefits of imposing new regional policies as typically the pay-back takes months or years to be seen.

Priorities will be influenced by:

• impact (eg, amount of emission reduction or projected improvement)
• feasibility (ie, likelihood of policy/regulatory approach succeeding and incorporating elements of robustness, ie, accuracy of projected improvement)
• cost
• benefits
• resources
• equity - economic/social impacts (eg, impacts on low income households)
• fairness and/or parity - ie, the fairness of targeting all sectors
• external influences - eg, security of supply of energy (particularly in relation to domestic home heating).

Prioritising involves balancing between what is necessary and what actually can be done.

Effective air quality management incorporates a variety of options beyond the resource consent process. In particular, links to district planning (integrating land use and transport), public transport, workplace travel plans and clean-industry opportunities offer valuable potential for emissions reductions.

Step 4. Action

This step is the most critical - the doing.

Step 5. Review

As with any system or strategy, provision for review is crucial. It is recommended that councils monitor the effectiveness of their airshed action plans and review direction and implementation at least once every five years, preferably once every two years.

3.10.2 Assistance from central government

The Ministry for the Environment has published good practice guidance online as follows:

• Good Practice Guide for Atmospheric Dispersion Modelling (Ministry for the Environment, 2004e)
• Good Practice Guide for Preparing Emissions Inventories (Ministry for the Environment, 2001c)
• Good Practice Guide for Air Quality Monitoring and Data Management (Ministry for the Environment, 2000)
• Reducing Emissions from Domestic Home Heating. Air Quality Technical Report No. 26 (Ministry for the Environment, 2002b).

Further good practice guidance is currently under development as follows:

• Good Practice Guide for Assessing Discharges from Transport
• Good Practice Guide for Assessing Discharges from Industry.