Canterbury Natural Resources Regional Plan

Transcription

1 Canterbury Natural Resources Regional Plan Chapter 3: Air Quality Prepared under the Resource Management Act 1991 Operative 11 June October 2009 (in part) R11/20 ISBN: (hard copy) (electronic)

2 Canterbury Natural Resources Regional Plan Chapter 3: Air Quality Prepared under the Resource Management Act 1991 Operative 11 June October 2009 (in part)

3 Report No. R11/20 ISBN (hard copy) (electronic) 24 Edward Street, Lincoln P O Box 345 Christchurch Phone (03) Fax (03) Church Street P O Box 550 Timaru Phone (03) Fax (03)

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5 October 2009/June 2011 Chapter 3 Air Quality

6 This is a true and correct copy of Chapter 3 of the Proposed Canterbury Natural Resources Regional Plan of the Canterbury Regional Council. This document is part of a statutory regional plan prepared by the Canterbury Regional Council in accordance with the requirements of the Resource Management Act The following parts of Chapter 3 were approved at a meeting of the Canterbury Regional Council on 24 September 2009 in accordance with Clause 17(2) of the First Schedule of the Resource Management Act 1991: Section 3.1 Introduction Issue AQL1, Objective AQL1, Policies AQL1, AQL2, AQL3, AQL5, AQL6 and AQL8 and associated methods Issue AQL2, Objective AQL2, Policies AQL9, AQL10, AQL11, AQL12 and associated methods Objective AQL3, Policies AQL13, AQL14, AQL15, AQL16, AQL17, AQL18, AQL19, AQL20, AQL21 and associated methods Objective AQL5, Policies AQL30, AQL31, AQL32, AQL33, AQL34, AQL34A, AQL35, AQL36, AQL37 and Methods AQL30 (a) to (j) Objective AQL6, Policies AQL38, AQL39, AQL40, AQL41, AQL42, AQL43, AQL44, AQL45, AQL46, AQL47 and Methods AQL31 (a) to (j) Rules AQL1, AQL1A, AQL2, AQL2A, AQL3, AQL4, AQL5, AQL6, AQL7, AQL8, AQL9, AQL9A, AQL10 AQL11, AQL11A, AQL12, AQL12A, AQL12B, AQL13, AQL14, AQL15, AQL15A, AQL16, AQL16A, AQL16B, AQL17, AQL18, AQL18A, AQL18B, AQL18C, AQL18D, AQL19, AQL20, AQL21, AQL22, AQL23, AQL24, AQL25, AQL25A, AQL25B, AQL25C, AQL26, AQL26A, AQL26B, AQL26C, AQL26D, AQL27, AQL28, AQL30, AQL30A, AQL32, AQL33, AQL33A, AQL34, AQL35, AQL35A, AQL35B, AQL36, AQL37, AQL38, AQL39, AQL40, AQL41, AQL41A, AQL42, AQL42A, AQL42B, AQL42C, AQL43, AQL44, AQL45, AQL46, AQL47, AQL48, AQL49, AQL49A, AQL50, AQL51, AQL52, AQL52A, AQL53, AQL54, AQL55, AQL56, AQL56A, AQL56B, AQL57, AQL58, AQL58A, AQL59, AQL60, AQL60A, AQL61, AQL62, AQL63, AQL63A, AQL65, AQL66, AQL67, AQL69, AQL85, AQL86, AQL86A, AQL87, AQL88, AQL89, AQL90, AQL91, AQL92, AQL93, AQL94, AQL95, AQL96, AQL97, AQL97A, AQL98, AQL99, AQL100, AQL101, AQL102, AQL103, AQL103A, AQL103B, AQL103C, AQL104 and AQL105. Sections 3.4 (Introduction), 3.4.1, 3.4.2, 3.4.3, 3.4.4, 3.4.5, 3.4.6, 3.4.7, and Sections 3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.5.5, 3.5.6, 3.5.7, 3.5.8, (introduction), , , (except for the explanation associated with Rule AQL29), , , , , , , , , , October 2009/June 2011 Chapter 3 Air Quality

7 3.6 Environmental results anticipated 3.7 Air quality monitoring and review Schedules AQL1, AQL2, AQL4, AQL4(c), AQL4 (d), AQL5, AQL6 Appendices AQL3, AQL4 and AQL5 Chapter 3 was publically notified on Saturday 17th October and the above parts became operative on Tuesday 27th October 2009 The Common Seal of the Canterbury Regional Council was fixed in the presence of: October 2009/June 2011 Chapter 3 Air Quality

8 Table of Contents Chapter 3 Air Quality (AQL) Pages 3.1 Introduction Air Quality Issues Localised Air Quality Issues Ambient Air Quality Issues Global Air Quality Issues Issue Resolution...5 Issue AQL1 Localised air quality issues...7 Objective AQL1 Objective for localised air quality...7 Policy AQL1 Prohibit combustion of specified materials...8 Policy AQL2 Control particulate and odour emissions from fuel burning devices...11 Policy AQL3 Promote measures to address motor vehicle exhaust emissions...12 Policy AQL4 Restrictions on outdoor burning outside residential and living zoned areas...14 Policy AQL4A Restrictions on outdoor burning within residential and living zoned areas17 Policy AQL5 Odour nuisance...19 Policy AQL6 Avoid dust nuisance...21 Policy AQL7 Avoid agrichemical spray drift...23 Policy AQL8 Control all other discharges to air...26 Issue AQL2 Ambient air quality issues...28 Objective AQL2 Objectives for ambient air quality in Canterbury...29 Policy AQL9 Applying Regional Ambient Air Quality Targets (RAAQT)...31 Policy AQL10 Precautionary approach to hazardous air pollutants...32 Policy AQL11 Set emission standards for enclosed burners...33 Policy AQL12 Set emission standards for large scale fuel burning devices...34 Objective AQL3 Objective for ambient air quality in Christchurch...35 Policy AQL13 Solid Fuel Burners in New Situations...37 Policy AQL14 Prohibit open fires...40 Policy AQL15 Phase out older style enclosed burners in the Christchurch Clean Air Zone Policy AQL16 Reduce the number of small scale solid fuel burners in the Christchurch Clean Air Zones 1 and Policy AQL17 Provide exemptions for heritage buildings or in emergency situations in the Christchurch Clean Air Zone Policy AQL18 Mitigate adverse financial, social and health effects of clean air policies in the Christchurch Clean Air Zone Policy AQL19 Prevent significant increases in PM 10 emissions from large scale fuel burning devices in the Christchurch Clean Air Zones 1 and October 2009/June 2011 Chapter 3 Air Quality

9 Policy AQL20 Promote measures to address discharges to air from motor vehicles in the Christchurch Clean Air Zones 1 and Policy AQL21 Restrict discharges to air from outdoor burning in the Christchurch Clean Air Zones 1 and Objective AQL4 Objective for PM 10 ambient air quality in Rangiora Clean Air Zones 1 and Policy AQL22 Avoid discharges from open fires in Rangiora Clean Air Zones 1 and Policy AQL23 Emissions from enclosed burners in Rangiora Clean Air Zone Policy AQL24 Replacement of small scale solid fuel burning devices in Rangiora Clean Air Zone Policy AQL25 Best practicable technology for small scale solid fuel burning devices in Rangiora Clean Air Zone Policy AQL26 Small scale solid fuel burning device exemptions in Rangiora Clean Air Zone Policy AQL26A Facilitate mechanisms for clean heating and improved insulation in the Rangiora Clean Air Zone Policy AQL27 Emergencies in Rangiora Clean Air Zone Policy AQL28 Emissions from large scale fuel burning devices in Rangiora Clean Air Zones 1 and Policy AQL29 Restrict discharges to air from outdoor burning in the Rangiora Clean Air Zones 1 and Objective AQL5 Objective for PM 10 ambient air quality in Kaiapoi Clean Air Zones 1 and Policy AQL30 Avoid discharges from open fires in Kaiapoi Clean Air Zones 1 and Policy AQL31 Emissions from enclosed burners in Kaiapoi Clean Air Zone Policy AQL32 Replacement of small scale solid fuel burning devices in Kaiapoi Clean Air Zone Policy AQL33 Best practicable technology for small scale solid fuel burning devices in Kaiapoi Clean Air Zone Policy AQL34 Small scale solid fuel burning device exemptions in Kaiapoi Clean Air Zone Policy AQL34A Facilitate mechanisms for clean heating and improved insulation in the Kaiapoi Clean Air Zone Policy AQL35 Emergencies in Kaiapoi Clean Air Zone Policy AQL36 Emissions from large scale fuel burning devices in Kaiapoi Clean Air Zones 1 and Policy AQL37 Restrict discharges to air from outdoor burning in the Kaiapoi Clean Air Zones 1 and Objective AQL6 Objective for PM 10 ambient air quality in the Ashburton Clean Air Zones 1 and Policy AQL38 Avoid discharges from open fires in the Ashburton Clean Air Zones 1 and Policy AQL39 Emissions from enclosed burners in the Ashburton Clean Air Zone Policy AQL40 Replacement of small scale solid fuel burning devices in the Ashburton Clean Air Zone October 2009/June 2011 Chapter 3 Air Quality

10 Policy AQL41 Best practicable technology for small scale solid fuel burning devices in the Ashburton Clean Air Zone Policy AQL42 Small scale solid fuel burning device exemptions in the Ashburton Clean Air Zone Policy AQL43 Mitigate adverse financial, social and health effects of the implementation of the clean air policies in the Ashburton Clean Air Zone Policy AQL44 Emergencies in the Ashburton Clean Air Zone Policy AQL45 Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone Policy AQL46 Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone Policy AQL47 Restrict discharges to air from outdoor burning in the Ashburton Clean Air Zones 1 and Regional Rules Discharges to air from small scale fuel burning devices Discharges to air from small scale fuel burning devices anywhere in Canterbury Discharges to air from small scale fuel burning devices in the Christchurch Clean Air Zone 1 and Discharge to air from small scale fuel burning devices in the Christchurch Clean Air Zone Discharge to air from large scale fuel burning devices Discharges to air from large scale fuel burning devices anywhere in Canterbury Discharge to air from large scale fuel burning devices in the Christchurch Clean Air Zone 1 and Discharges to air from large scale fuel burning devices outside the Christchurch Clean Air Zones 1 and Discharges to air from outdoor burning Discharges to air from industrial or trade premises and industrial or trade processes Discharge to air from intensive farming Discharges to air from waste management processes Discharge of agrichemicals Discharge to air in Rangiora Clean Air Zones 1 and Discharge to air in Kaiapoi Clean Air Zones 1 and Discharge to air in Ashburton Clean Air Zones 1 and Information to be provided with resource consent applications Information to be provided for approval of small scale fuel burning devices under Section 369(11) of the RMA October 2009/June 2011 Chapter 3 Air Quality

11 3.4.2 Information to be provided for resource consent applications for discharges to air from non-complying small scale fuel burning devices Information to be provided for resource consent applications for discharges to air from large scale fuel burning devices Information to be provided for resource consent applications for discharges to air from outdoor burning Information to be provided for resource consent applications for discharges to air from industrial or trade premises or processes Information to be provided for resource consent applications for discharges to air from Intensive farming Information to be provided for resource consent applications for discharges to air from waste management processes Information to be provided for resource consent applications for discharges to air of agrichemical sprays Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Rangiora Clean Air Zone 1 (Rule AQL77) Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Kaiapoi Clean Air Zone 1 (Rule AQL88) Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Ashburton Clean Air Zone 1 (Rule AQL99) Explanations and principal reasons for methods Advocacy Information and promotion Investigation Financial incentives and assistance Canterbury Hazardous Waste Management Strategy Regional Land Transport Strategy Regional Energy Strategy Non-statutory strategies Regional rules Regional rules for discharges to air from small scale burning devices Regional rules for discharges to air from large scale fuel burning devices Regional rules for discharges to air for outdoor burning Regional rules for discharges to air from industrial or trade premises and October 2009/June 2011 Chapter 3 Air Quality

12 industrial or trade processes Regional rules for discharge of contaminants into air from intensive farming Regional rules for discharges of contaminants into air from waste management processes Regional rules for the discharge of agrichemicals Regional rules for discharges in Rangiora Clean Air Zones 1 and Regional rules for discharges in Kaiapoi Clean Air Zones 1 and Regional rules for discharges in the Ashburton Clean Air Zones 1 and Resource consents Compliance and enforcement Response to complaints and enquiries Assessment criteria Territorial authorities Environmental Results Anticipated Air Quality Monitoring and Review Monitoring Procedure Monitoring Anticipated Environmental Results Compliance Monitoring Review Air Quality Appendices Appendix AQL1 Guide to minimise smoke emissions from outdoor burning under Rules AQL29, AQL30 and AQL30A Appendix AQL2 Guide to minimise smoke emissions from outdoor burning in residential areas under Rule AQL29B Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles Appendix AQL4 Criteria for Assessing Offensive or Objectionable Dust Appendix AQL5 Criteria for Assessing Offensive or Objectionable Odour Appendix AQL6 Property spray plan required under Rules AQL71 and AQL Air Quality Schedules Schedule AQL1: Regional Ambient Air Quality Targets (RAAQT) Schedule AQL2: Other Hazardous Air Pollutants Schedule AQL4: Exempt Heritage Buildings Schedule AQL4(b) Exemption Heritage Buildings in Rangiora Schedule AQL4(c) Exemption Heritage Building in Kaiapoi Schedule AQL4(d) Exemption Heritage Buildings in Ashburton Schedule AQL5: Minimum chimney heights for permitted large scale fuel burning devices in October 2009/June 2011 Chapter 3 Air Quality

13 Rules AQL23 and AQL Schedule AQL6: Particulate emission measurement requirement in Rules AQL18, AQL19, AQL20, AQL21, AQL24 and AQL Schedule AQL7: Port Lyttelton Figures Figure AQL1: The Structure of Air Quality Issue Resolution in Canterbury....5 Figure AQL2: Potential range of values for regional criteria based on the categories in Table AQL Figure AQL3: The relationship between rules in the NRRP and resource consents...86 Tables Table AQL1 Ministry for the Environment National Ambient Air Quality Guideline (NAAQG) Categories...29 Table AQL2 Summary of Rules...87 Table AQL3 Monitoring Environmental Results Anticipated Table AQL4 Location of Monitoring Table AQL5 Compliance Monitoring and Reporting Programme Table AQL6 Odour Effects Assessment Tools Existing Activities Table AQL7: Odour Effects Assessment Tools New Activities Air Quality Maps October 2009/June 2011 Chapter 3 Air Quality

14 3.1 Introduction Air Quality Issues Canterbury generally has good air quality, and in many places, such as national parks, the air is virtually free of contaminants released by human activities. However, around air pollution sources such as home heating fires, industries and congested roads, concentrations of pollutants can exceed acceptable standards and cause adverse nuisance and human health effects. These pollutants also affect ecosystems. Good air quality is also of significance to Tāngata Whenua because of the interrelationship of air with other resources such as water, flora and fauna, and its life-supporting capacity. To Tāngata Whenua, air is a taonga. Air quality issues in Canterbury occur at three scales: (a) localised air quality issues associated with odours, dust, smoke, agrichemical spray and other discharges to air from the domestic, transport, commercial, agricultural, horticultural, manufacturing and industrial sectors; and (b) ambient air quality issues related to wintertime air pollution in urban areas, particularly Christchurch and Timaru, with its associated health effects and nuisance effects (e.g. reduced visibility, and dust or odour nuisance) resulting from combustion processes; and (c) global air quality issues connected with the reduction in the ozone layer and with greenhouse gas emissions and consequential global warming Localised Air Quality Issues A variety of small and medium sized industrial and commercial processes are located in Canterbury (e.g. dry-cleaning, spray painting, abrasive blasting, seed-cleaning, printing processes, timber mills, freezing works and paper, pulp and particle board manufacture). These can have localised impacts on air quality, as can the treatment and disposal of organic wastes arising from people and farming activities and from industries processing agricultural products. These impacts must be weighed against the need for these activities to occur and recognition that in many cases there are few alternatives. Products of combustion resulting from industrial boilers, home heating devices, motor vehicles and outdoor burning can have localised adverse effects on human health and can cause nuisance. Industrial emissions have been a major focus of past efforts to improve air quality in the region and are therefore already tightly controlled in their industrial operations. Motor vehicles are sources of pollutants such as carbon monoxide, nitrogen dioxide and benzene, and are a significant source of greenhouse gas emissions. However, in the Canterbury region, relatively low vehicle numbers and concentrations are unlikely to give rise to localised air pollution problems outside of Christchurch. Outdoor burning of household, garden and farm rubbish can cause localised nuisance problems and can generate potentially hazardous compounds, depending on what is being burnt (e.g. hydrogen chloride, sulphur oxides, various toxic VOCs, dioxins and furans). Incinerators burning household rubbish can produce a range of pollutants, affecting people and the environment. Stubble burning in arable rural areas and vegetation clearance in the hill and high country by burning can also have adverse effects on amenity values and cause adverse health effects. Outdoor burning is of most concern when materials are burnt in or adjacent to urban areas. The nuisance effects resulting from backyard burning of rubbish in Christchurch are the main source of air quality complaints received by Environment Canterbury. Outdoor burning is also of concern adjacent to other sensitive activities such as dwelling houses, schools, health care facilities, businesses or any other places where people normally gather. Odours are caused by mixtures of chemical compounds and can come from a wide range of sources, e.g. garden compost heaps, landfills, mushroom farms, fish processing, oxidation ponds, land effluent October 2009/June 2011 Chapter 3 Air Quality Page 3-1

15 disposal, intensive livestock farming, freezing works, silage, and motor vehicle exhausts. Odours can affect people s enjoyment of the outdoors and they can even make them feel sick. Odours affect people differently, e.g. people who live and work in rural areas may find silage smells acceptable, while others may find silage smells offensive. Dust (particulate) can be a nuisance when it settles on surfaces, such as windowsills or washing. Dust can irritate your eyes or make it difficult to see. Dust occurring at levels that cause a nuisance can be generated by many activities, including vehicles being driven along unsealed roads, cultivation, stockpiles of materials such as coal or grain, shingle processing, quarries and abrasive blasting. Dust and odour nuisances are often associated with the uses of land which are subject to controls by territorial authorities. This raises issues of overlapping responsibilities between Environment Canterbury and territorial authorities. Duplication of resource consent processing shall be avoided. Spraying agrichemicals can cause adverse environmental effects if the spraying is not done correctly. This can result in agrichemical spray-drift causing adverse health effects and damage to non-target areas, especially where it adjoins residential areas or areas frequented by the public such as schools. Other adverse effects that can occur include damage and contamination of crops, water bodies, and sensitive flora and fauna outside the target area Ambient Air Quality Issues A number of urban towns in Canterbury have serious wintertime air quality problems. Monitoring of ambient air quality has highlighted air pollution concerns in Christchurch, Timaru, Ashburton, Rangiora and Kaiapoi, and it is expected that other towns will also have wintertime air pollution problems. The Canterbury Regional Policy Statement (RPS) (Chapter 13 Policy 1(c)) gives priority to ensuring ambient air quality improvements are achieved in Christchurch and Timaru. Pollution comes from different sources, but the contaminant of most concern to human health is suspended particulate (PM 10 ). These are tiny particles in smoke smaller than 10 microns across, which is about one-fifth the diameter of a human hair. These particles are so small that they get inhaled and can travel deep into the lungs, irritating the breathing passages. They are so small that they can enter buildings that don't even have fires and cause nuisance and health problems for people living there. Excessive concentrations of PM 10 are associated with numerous health problems. These range from minor irritation of the eyes and nose to exacerbation of existing respiratory and cardiac problems among small children and the elderly. Analyses of emission inventories undertaken by Environment Canterbury suggest that approximately 90% of Christchurch's measured PM 10 comes from burning wood and coal on domestic fuel burning equipment, including open fires and enclosed burners. 7% of the concentrations of PM 10 come from industrial sources and 3% from motor vehicles (based on 1999 emissions). On a typical winter's night in Christchurch during 1999 there were about 60,000 houses using solid fuel for heating (just over half of Christchurch s houses): (a) approximately 17,300 open fires burning both wood and coal producing 42% of the PM 10 from domestic heating sources (b) approximately 39,400 wood-burning devices producing 50% of the PM 10 from domestic heating sources (c) approximately 2,900 enclosed coal-burning devices producing 8% of the PM 10 from domestic heating sources Together they produce 10 tonnes of particulate each night, and it all goes into the air Christchurch residents must breathe. Geography and meteorology are a contributing factor to the wintertime air pollution problem in Christchurch. In winter, temperature inversions occur over Christchurch and can trap air pollution near Page 3-2 Chapter 3 Air Quality October 2009/June 2011

16 the ground. This is where cold air is held under layers of warmer air, stopping the tiny particles in smoke from rising and blowing away. These inversions happen quite a lot during winter. High pollution nights (nights when concentrations of PM 10 exceed 50 µg/m 3 (24 hour average)) occur about 30 times a year between May and August. The worst times for elevated concentrations of PM 10 are between 4pm and 10am when many people are using domestic solid fuel burning devices to warm their houses. This is also the time when temperature inversions are most likely to occur. At a future date, it is proposed to address winter air pollution problems in Timaru and then in other townships such as Ashburton, Rangiora and Kaiapoi. It is evident so far that all these areas have a wintertime air pollution problem. However, investigations and monitoring are still progressing. Investigations and monitoring are still to be completed in other urban areas of Canterbury. They began in Kaikōura and Waimate in 2002, in Geraldine, Fairlie and Lyttelton in 2003, and commenced in other areas from Other contaminants which are of concern at an ambient level are also primarily associated with combustion emissions, and include carbon monoxide, sulphur dioxide, nitrogen oxides, benzene, benzo(a)pyrene and polycyclic aromatic hydrocarbons (PAHs). The effects of aeroallergens, such as pollens, can induce allergic responses including asthma. However, there is a lack of identifiable management options for aeroallergens, which prevents any regulatory action by Environment Canterbury. Finally, there are issues associated with reduced visibility, particularly within Christchurch. Visibility is a measure of how clear the atmosphere is. Good visibility is very important to many New Zealanders and a key part of the clean green image that many tourists expect to see here. Usually visibility is affected by natural factors such as fog or sea salt particles but sometimes pollution from human activities causes haze. Smoggy days and clear days can differ considerably in visibility Global Air Quality Issues The two global air quality issues of major importance are the reduction in the ozone layer and the potential for climate change from greenhouse gas emissions, including CO 2, methane, NO X and halocarbons. The ozone layer sits about kilometres above the earth and it reduces the amount of dangerous ultraviolet light, which reaches the earth from the sun. Too much ultraviolet light can cause skin cancer and cataracts in people; it distorts plant growth, damages the marine environment, and leads to the breakdown of materials such as plastics. The ozone layer is vital for our survival and well-being. Human-made substances damage the ozone layer. The Montreal Protocol, signed in 1989, is an international agreement under which these substances are being phased out. The Protocol is working very well. The amount of ozone-depleting substances going into the atmosphere is starting to peak, and it will soon start to decline. The ozone layer is expected to repair itself very slowly over the next 70 years. The Ozone Layer Protection Act 1996 addresses these issues in New Zealand. The RPS does not identify any role for the NRRP to address ozone layer depleting substances. Climate change has also received a great deal of international attention focused on how to respond to the threat. New Zealand is a party to the Framework Convention on Climate Change and has signed the Kyoto Protocol. The Kyoto Protocol commits New Zealand to reducing its emissions of greenhouse gases to 1990 levels, on average, by While an enhanced greenhouse effect and the potential for climate change are of national and global significance, it is also important if Canterbury is to contribute to reductions at a regional level that measures are promoted to reduce emissions of carbon dioxide and other greenhouse gases. The RPS identifies how Environment Canterbury is addressing global air quality issues. The RPS satisfactorily addresses global air quality issues. No additional action can be identified to occur October 2009/June 2011 Chapter 3 Air Quality Page 3-3

17 specifically in the NRRP that will not occur through addressing the other two regional air quality issues identified in NRRP Chapter 3. Further background information about the issues addressed in this chapter can be found in the Section 32 Report: Air Quality Chapter of the Proposed Canterbury Natural Resource Regional Plan, Environment Canterbury Report No. R02/4. Page 3-4 Chapter 3 Air Quality October 2009/June 2011

18 3.2 Issue Resolution Figure AQL1: The Structure of Air Quality Issue Resolution in Canterbury. This is a summary only; the text that follows contains the actual Council policy. Issue AQL1: Localised air quality issues Issue AQL2: Ambient air quality issues Objective AQL1: Objective for localised air quality Objective AQL2: Objectives for ambient air quality in Canterbury Objective AQL3: Objective for ambient air quality in Christchurch Products of combustion Policy AQL1: Prohibit combustion of specified materials Policy AQL9: Applying Regional Ambient Air Quality Targets (RAAQT) Domestic Heating Policy AQL13: Solid Fuel Burners in New Situations Policy AQL2: Control particulate and odour emissions from fuel burning devices Policy AQL3: Promote measures to address motor vehicle exhaust emissions Policy AQL10: Precautionary approach to hazardous air pollutants Policy AQL11: Set emission standards for enclosed burners Policy AQL14: Prohibit open fires Policy AQL15: Phase out older style enclosed burners in the Christchurch Clean Air Zone 1 Odour Policy AQL4: Restrictions on outdoor burning outside residential and living zoned areas Policy AQL4A: Restrictions on outdoor burning within residential and living zoned areas Policy AQL5: Odour nuisance Policy AQL12: Set emission standards for large scale fuel burning devices Policy AQL16: Reduce the number of small scale solid fuel burners in the Christchurch Clean Air Zones 1 and 2 Policy AQL17: Provide exemptions for heritage buildings or in emergency situations in the Christchurch Clean Air Zone 1 Dust Policy AQL6: Avoid dust nuisance Policy AQL18: Mitigate adverse financial, social and health effects of clean air policies in the Christchurch Clean Air Zone 1 Agrichemic al spraying Other air discharges Policy AQL7: Avoid agrichemical spray drift Policy AQL8: Control all other discharges to air Industrial boilers Policy AQL19: Prevent significant increases in PM10 emissions from large scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2 Motor vehicles Policy AQL20: Promote measures to address discharges to air from motor vehicles in the Christchurch Clean Air Zones 1 and 2 Outdoor burning Policy AQL21: Restrict discharges to air from outdoor burning in the Christchurch Clean Air Zones 1 and 2 October 2009/June 2011 Chapter 3 Air Quality Page 3-5

19 Issue AQL2: Ambient air quality issues continued Objective AQL4: Objective for PM10 ambient air quality in Rangiora Clean Air Zones 1 and 2 Objective AQL5: Objective for PM10 ambient air quality in Kaiapoi Clean Air Zones 1 and 2 Objective AQL6: Objective for PM10 ambient air quality in the Ashburton Clean Air Zones 1 and 2 Domestic Heating Policy AQL22: Avoid discharges from open fires in Rangiora Clean Air Zones 1 and 2 Domestic Heating Policy AQL30: Avoid discharges from open fires in Kaiapoi Clean Air Zones 1 and 2) Domestic Heating Policy AQL38: Avoid discharges from open fires in the Ashburton Clean Air Zones 1 and 2 Industrial boilers Outdoor burning Policy AQL23: Emissions from enclosed burners in Rangiora Clean Air Zone 1 Policy AQL24: Replacement of small scale solid fuel burning devices in Rangiora Clean Air Zone 1 Policy AQL25: Best practicable technology for small scale solid fuel burning devices in Rangiora Clean Air Zone 1 Policy AQL26: Small scale solid fuel burning device exemptions in Rangiora Clean Air Zone 1 Policy AQL26A: Facilitate mechanisms for clean heating and improved insulation in the Rangiora Clean Air Zone 1 Policy AQL27: Emergencies in Rangiora Clean Air Zone 1 Policy AQL28: Emissions from large scale fuel burning devices in Rangiora Clean Air Zones 1 and 2 Policy AQL29: Restrict discharges to air from outdoor burning in the Rangiora Clean Air Zones 1 and 2 Industrial boilers Outdoor burning Policy AQL31: Emissions from enclosed burners in Kaiapoi Clean Air Zone 1 Policy AQL32: Replacement of small scale solid fuel burning devices in Kaiapoi Clean Air Zone 1 Policy AQL33: Best practicable technology for small scale solid fuel burning devices in Kaiapoi Clean Air Zone 1 Policy AQL34: Small scale solid fuel burning device exemptions in Kaiapoi Clean Air Zone 1 Policy AQL34A: Facilitate mechanisms for clean heating and improved insulation in the Kaiapoi Clean Air Zone 1 Policy AQL35: Emergencies in Kaiapoi Clean Air Zone 1 Policy AQL36: Emissions from large scale fuel burning devices in Kaiapoi Clean Air Zones 1 and 2 Policy AQL37: Restrict discharges to air from outdoor burning in the Kaiapoi Clean Air Zones 1 and 2 Industrial boilers Policy AQL39: Emissions from enclosed burners in the Ashburton Clean Air Zone 1 Policy AQL40: Replacement of small scale solid fuel burning devices in the Ashburton Clean Air Zone 1 Policy AQL41: Best practicable technology for small scale solid fuel burning devices in the Ashburton Clean Air Zone 1 Policy AQL42: Small scale solid fuel burning device exemptions in the Ashburton Clean Air Zone 1 Policy AQL43: Mitigate adverse financial, social and health effects of the implementation of the clean air policies in the Ashburton Clean Air Zone 1 Policy AQL44: Emergencies in the Ashburton Clean Air Zone 1 Policy AQL45: Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone 1 Policy AQL46: Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone 2 Outdoor burning Policy AQL47: Restrict discharges to air from outdoor burning in the Ashburton Clean Air Zones 1 and 2 Page 3-6 Chapter 3 Air Quality October 2009/June 2011

20 Issue AQL1 Localised air quality issues Nuisance and health effects on people, their social, cultural and amenity values, and adverse effects on natural and physical resources, caused by discharges of contaminants into air, including: (a) The contaminants from combustion processes, in particular generated from: (i) domestic (small scale) fuel burning devices; and (ii) industrial (large scale) fuel burning devices; and (iii) motor vehicles exhausts; and (iv) outdoor burning. (b) Odours generated from waste treatment and disposal, agricultural activities and industrial or trade processes and premises. (c) Dust from abrasive blasting, quarrying, unsealed yards, construction, agricultural activities, land disturbance, and bulk material storage, handling and processing. (d) Agrichemical spray drifting beyond targeted areas or species. (e) The discharge of any other contaminants from industrial or trade processes and industrial or trade premises. (f) As a result of sensitive land uses encroaching on existing activities which discharge to air. Objective AQL1 Objective for localised air quality Localised contaminant discharges into air do not, either on their own or in combination with other discharges, result in significant adverse effects on the environment, including: (a) the loss of air as a taonga to Tāngata Whenua; and (b) adverse effects on human health and safety; and (c) offensive or objectionable odours; and (d) diminished visibility, as a consequence of human activities; and (e) corrosion and soiling of structures, not being property owned by those causing the discharge; and (f) adverse effects on health and functioning of ecosystems, plants and animals; and (g) contamination of water. Explanation and principal reasons Most air management issues relate to the localised effects of discharges, as opposed to effects on the region s ambient air quality. The issues are readily defined as effects relating to smoke, odour, dust, agrichemical spray and other contaminants. Objective AQL1 seeks to ensure that discharges do not have significant adverse localised effects on the environment. Objective AQL1(a) recognises that good air quality is also of significance to Tāngata Whenua because of the interrelationship of air with other resources such as water, flora and fauna, and its lifesupporting capacity. To Tāngata Whenua, air is a taonga. Localised adverse air quality effects can result from sensitive land uses encroaching on existing activities which discharge to air. This is commonly referred to as the reverse sensitivity effect. October 2009/June 2011 Chapter 3 Air Quality Page 3-7

21 Policy AQL1 Prohibit combustion of specified materials Prohibit the discharge of contaminants into air resulting from the combustion of materials using combustion methods which result in significant adverse effects on the environment, including: (a) on any small scale fuel burning device any: (i) fuel having a sulphur content of 1% or greater; or (ii) wood having a moisture content of more than 25% dry weight; or (b) wood treated with preservatives or impregnated with chemicals, including but not limited to, wood treated with Copper-Chrome-Arsenic (CCA), but excluding wood treated only by antisapstaining chemicals combusted in a large scale fuel burning device and other treated wood combusted in a purpose built high temperature large scale fuel burning device; or (c) chip board, including but not limited to, particle board and laminated boards, but excluding chip board combusted in a purpose-built high temperature large scale fuel burning device; or (d) wood which is painted, stained or oiled, but excluding wood treated only by antisapstaining chemicals combusted in a large scale fuel burning device or wood combusted in a purpose-built high temperature large scale fuel burning device; or (e) metals and materials containing metals, including but not limited to, cables; or (f) materials containing asbestos; or (g) all rubber, including but not limited to, rubber tyres; or (h) medical waste, pathological wastes, quarantine waste and animal waste, including but not limited to, dried animal faeces, but excluding: (i) outdoor burning of animal carcasses and offal; or (ii) the burning of medical waste, pathological wastes, quarantine waste, and animal carcasses and offal in a purpose-built high temperature incinerator; or (i) synthetic material, including but not limited to, motor vehicle parts, foams, fibreglass, batteries, chemicals, paint and other surface coating materials, excluding combustion in a purpose-built high temperature incinerator; or (j) tar or bitumen; or (k) any type of plastic, but excluding outdoor burning of polyethylene agricultural wrap up until 1 January 2014; or (l) used and waste oil, excluding refined oil, and excluding used and waste oil which contains only trace level of contaminates that will not cause adverse environmental, health or nuisance effects when discharged and is combusted in a purpose built large scale fuel burning device; or (m) peat; or (n) sludge from industrial processes excluding combustion in a purpose-built high temperature incinerator; or (o) materials within a landfill site, waste transfer station or waste recovery area, but excluding landfill gas emissions. Page 3-8 Chapter 3 Air Quality October 2009/June 2011

22 Explanation and principal reasons Policy AQL1 recognises that some people choose to burn inappropriate materials and that this practice contributes to excessive concentrations of air contaminants, and results in objectionable or offensive smoke and odour, and associated health and nuisance problems. In some cases these materials may be burnt and this is specified in the rules but they can only be burnt in the circumstances identified because of the significant adverse effect on the environment of the contaminant(s) that results from their combustion. Dispersion modelling of small scale fuel burning devices indicates that burning of fuel with high sulphur content greater than 1% can cause high local ground level concentrations of sulphur dioxide which may cause adverse health effects. In large scale fuel burning appliances, burning of dry fuel with adequate combustion air will minimise the emission of PM 10, visible smoke and products of incomplete combustion. Thus odour and smoke nuisance to neighbours can be reduced. With small scale solid fuel burning devices, wood with moisture content greater than 25% dry weight does not burn efficiently. This increases the difficulty of operating small scale fuel burning devices correctly and the likelihood of smoke and odour nuisance. Burning of chemically treated timber can cause the discharge of treatment chemicals such as copper, chromium and arsenic. Long-term accumulation of these chemicals in the environment can cause health effects. In addition, emission of salts can cause corrosion of the flue in a solid fuel burning device. Combustion of glues, plastics, paints, rubber and synthetic materials commonly causes the discharge of toxic and odorous compounds. Organic wastes typically have high moisture content and can cause significant particulate emissions when burned. Disposal of medical waste, animal waste and quarantine waste by burning shall only be undertaken in proper facilities. Tar and bitumen burning presents a significant health risk for susceptible members of the public as a result of exposure to sulphuric acid mist from this activity. In addition, there are also significant nuisance and negative aesthetic effects resulting from the very large plumes of black smoke produced by this activity. Material within a landfill site, waste transfer station or waste recovery area is likely to be contaminated and materials permitted for burning inseparable from those that are prohibited from burning. It should be noted that outdoor burning of animal carcasses and offal, polyethylene silage wrap and bale wrap has been specifically controlled in NRRP Chapter 3 in relation to its effects. Under some circumstances these materials can be burned outdoors in accordance with Policy AQL4. The time limitation of the practice of the outdoor burning of polyethylene silage wrap and bale wrap is an interim measure to allow recycling programmes to be established and implemented by industry and user groups. The policy recognises that alternative methods such as waste minimisation methods (reduce, reuse and recycling) should be followed to reduce the need to dispose of the specified materials to begin with. When disposal is necessary and where there is no satisfactory combustion process which results in the discharge of contaminants into air with offensive or objectionable adverse effects, then alternative disposal methods shall be used, such as landfill. The significant adverse effects that are the focus of this policy will not necessarily arise from the burning of minor and incidental quantities of some of the materials listed in (a) to (o), depending on the manner of combustion. The exceptions are reflected in Rules AQL5 and AQL36. Methods The methods used or to be used to implement Policy AQL1 are: Method AQL1(a) Information and promotion Environment Canterbury will produce information brochures and co-ordinate education programmes as appropriate with schools, territorial authorities, landcare groups, Federated Farmers, industry (including horticultural industry groups), wood merchants, Energy Efficiency Conservation Authority, home heating associations, appliance retailers and manufacturers, and other agencies to promote: October 2009/June 2011 Chapter 3 Air Quality Page 3-9

23 (i) the use and storage of dry firewood; and (ii) the use of facilities to dispose of wastes that shall no longer be burnt in the open; and (iii) on-site composting practices; and (iv) waste minimisation initiatives to reduce the need for burning; and (v) understanding of the proper use of small scale solid fuel burning appliances. Method AQL1(b) Advocacy Environment Canterbury will actively support Federated Farmers of New Zealand and Horticulture New Zealand to achieve: (i) a high level of awareness of the Agrecovery programme for recycling agrichemical, dairy sanitiser and detergent containers, including container acceptability within the programme (ii) a greater coverage of Agrecovery agrichemical, dairy sanitiser and detergent container collection points within the Region, particularly point of sale depots and mobile collection systems; (iii) Agrecovery and/or other product stewardship schemes accepting a wide range of farm waste, such as agricultural wrap and surplus chemicals, for recovery and recycling; (iv) the inclusion of all agrichemical, dairy sanitiser and detergent brand owners within the Agrecovery programme; (v) the recognition and acceptability of agrichemical, dairy sanitiser and detergent container decontamination procedures, and triple rinsing procedures in Appendix S of NZS8409:2004 Management of Agrichemicals, within the Agrecovery programme; and (vi) the ability to send agrichemical, dairy sanitiser and detergent containers to landfill through local authority transfer stations when these containers are rejected by Agrecovery. Method AQL1(c) Canterbury Hazardous Waste Management Strategy Environment Canterbury will promote, through the Canterbury Hazardous Waste Management Strategy, alternatives to burning hazardous wastes. Method AQL1(d) Regional rules Environment Canterbury will apply Regional Rules AQL5, AQL13, AQL37 and AQL38 in Section 3.3, which prohibit the discharge of contaminants to air from combustion of specified materials in Policy AQL1. Method AQL1(e) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the combustion of specified materials listed in Policy AQL1 occur. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of these discharges, or to mitigate the effects of these discharges. Method AQL1(f) Response to Complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about burning prohibited materials; and (ii) provide a database to record the details of any complaints received about burning prohibited materials and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about burning prohibited materials; and (iv) in association with territorial authorities, health agencies and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints Page 3-10 Chapter 3 Air Quality October 2009/June 2011

24 regarding burning prohibited materials and investigate any other methods to jointly address complaints about burning prohibited materials; and (v) undertake enforcement of the provisions of the NRRP where necessary. Cross Ref. Policies AQL11 AQL12 Policy AQL2 Control particulate and odour emissions from fuel burning devices (a) Any discharge of particulate matter or odour from any fuel burning device shall not be dangerous or noxious, or cause an offensive or objectionable effect beyond the boundary of any site from where the discharge originates. (b) Avoid, remedy or mitigate the discharge of excessive particulate matter and odour associated with start-up and refuelling by limiting such discharges from: (i) small scale fuel burning devices to a period of 15 minutes following start-up and a period of five minutes following refuelling; and (ii) large scale fuel burning devices burning solid fuel to a period of 30 minutes following cold start up and a period not exceeding four minutes for any subsequent hour of operation; and (iii) large scale fuel burning devices burning liquid fuel to a period of two minutes each hour of operation. Explanation and principal reasons Policy AQL2(a) recognises that some particulate matter will inevitably be generated from fuel burning devices, especially those burning solid fuel, but it seeks to prevent nuisance effects beyond the site the discharge occurs. Good practice can minimise particulate matter emissions so that neighbours do not experience significant nuisance effects. For example, good maintenance and operation of industrial boilers can reduce visible smoke emissions to brief periods. Good practice can prevent objectionable or offensive dispersal of smoke or deposition of particles beyond the boundary of the property where the discharge originates. The general requirement imposed to not cause "objectionable or offensive effects" due to odour discharges is consistent with the general duties imposed by Section 17(3)(a) of the RMA. Policy AQL2(b) similarly recognises that some particulate matter and odour will inevitably be generated as a result of starting and refuelling any fuel burning device. However, these emissions can reasonably be limited to within a short time of start-up and refuelling, assuming that devices are operated correctly and with fuels approved for use in the fuel burning device. The policy seeks to reduce emissions of particulate to achieve concentrations in ambient air which are more protective of public health and to reduce the nuisance effects of contaminants associated with discharges to air from the combustion of fuels in fuel burning devices. Methods The methods used or to be used to implement Policy AQL2 are: Method AQL2(a) Promotion and education Environment Canterbury will produce and disseminate information and educational material and coordinate as appropriate with territorial authorities and other agencies to promote the correct use of fuel burning devices. Method AQL2(b) Regional rules Environment Canterbury will apply Regional Rules AQL1 to AQL28 in Section 3.3, to control particulate matter and odour from fuel burning devices. October 2009/June 2011 Chapter 3 Air Quality Page 3-11

25 Method AQL2(c) Resource consents Resource consents may be granted for fuel burning devices that discharge contaminants into air. These may involve combustion processes which are specified as controlled, discretionary or noncomplying activities. Method AQL2(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the discharge of particulate matter from any fuel burning device is dangerous or noxious, or causes offensive or objectionable dispersal or deposition of particles beyond the boundary of any site from where the discharge originates. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL2(e) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about fuel burning devices; and (ii) provide a database to record the details of any complaints received about fuel burning devices and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about fuel burning devices; and (iv) in association with territorial authorities, health agencies and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding fuel burning devices and investigate any other methods to jointly address complaints about fuel burning devices; and (v) undertake enforcement of the provisions of the NRRP where necessary. Method AQL2(f) Assessment criteria Environment Canterbury when determining whether or not a discharge of particulate matter from a combustion source has caused an objectionable or offensive effect will use the assessment criteria contained in Appendix AQL3. Cross Ref. Policy AQL20 Policy AQL3 Promote measures to address motor vehicle exhaust emissions (a) Promote traffic management that avoids the occurrence of localised air quality problems associated with exhaust emissions from motor vehicles. (b) Promote initiatives to reduce the occurrence of smoky motor vehicle exhaust emissions. Explanation and principal reasons The legal ability of Environment Canterbury to directly control motor vehicle exhaust emissions is so limited as to be impractical, but it can promote measures to reduce the incidents of smoky vehicle exhausts. In the Canterbury region, relatively low vehicle numbers and concentrations are unlikely to give rise to localised air pollution problems outside of Christchurch. In this context, motor vehicle exhaust emissions are known to be responsible for elevated concentrations of carbon monoxide at street level. For example, on the relatively congested Riccarton Road, carbon monoxide measurements taken at street level exceeded national ambient guidelines (10 mg/m 3, eight hour average) on 25 of the 79 days monitored in The one hour guideline (30 mg/m 3 ) was exceeded on three of the 79 days. Improved traffic management can avoid the occurrence of corridor problems. Page 3-12 Chapter 3 Air Quality October 2009/June 2011

26 Although smoky vehicles are a relatively small part of the overall air quality problems, they do cause local nuisance and the public perception is that they are a significant problem. Traffic management and reducing smoky vehicle exhaust emissions are just two mechanisms available to the public and local authorities which are achievable and desirable to reduce the adverse effects of motor vehicle exhaust emissions. Methods The methods used or to be used to implement Policy AQL3 are: Method AQL3(a) Advocacy Environment Canterbury will advocate to the New Zealand Police for increased enforcement of the 10 second rule for smoky motor vehicle exhaust emissions controlled by the New Zealand Police, through Regulation 28 of the Traffic Regulations Method AQL3(b) Information and promotion Environment Canterbury will: (i) prepare or contribute to the preparation of educational material dealing with the efficient operation of motor vehicles to minimise emissions; and (ii) promote cycling, walking and other alternatives to cars; and (iii) continue to support and encourage public passenger transport. Method AQL3(c) Investigation Environment Canterbury will investigate in Christchurch: (i) concentrations of contaminants at street level resulting from transport emissions; and (ii) the relationship between land use patterns and motor vehicle exhaust emissions. Method AQL3(d) Regional Land Transport Strategy Environment Canterbury, in accordance with the Land Transport Act 1998, will prepare a Regional Land Transport Strategy. That document will: (i) identify the future land transport needs of the region; and (ii) identify the most desirable means of responding to such needs in a safe and cost effective manner, having regard to the effect the transport system is likely to have on the environment; and (iii) identify an appropriate role for each land transport mode in the region, including freight traffic, public passenger transport, cycling, and pedestrian traffic; and (iv) state the best means of achieving the matters referred to in paragraphs (ii) and (iii). Method AQL3(e) Territorial authorities Territorial authorities in the preparation, variation, change or review of their district plans and through the exercise of their functions shall, to the extent required by the Resource Management Act, take into account the desirability or the need to: (i) provide for the implementation of traffic management control measures to reduce traffic congestion; and (ii) support and encourage the use of low emission modes such as walking, cycling and public passenger transport and give consideration to these modes at all stages of the planning process including subdivision; and (iii) encourage patterns and forms of urban settlement and infrastructure that decrease production of motor vehicle exhaust emissions and decrease the demand for motorised transport; and October 2009/June 2011 Chapter 3 Air Quality Page 3-13

27 (iv) develop zoning and density provisions which will encourage more public transport, cycling and walking-supportive development patterns and environments; and (v) review parking requirements and private vehicle parking pricing in areas identified as being public transport nodes or corridors; and (vi) develop and utilise design guidelines that direct land use planning away from development which creates dependency upon private motor vehicles, and towards development which is in support of public transport; and (vii) act in a way that is not inconsistent with the provisions of the Canterbury Regional Land Transport Strategy. Cross Ref. Policy AQL21 Policy AQL4 Restrictions on outdoor burning outside residential and living zoned areas Restrict the discharge to air of contaminants associated with outdoor burning, except: (a) from outdoor burning that occurs in accordance with the recommended burning guidelines contained in Appendix AQL1; and (b) where the discharges are from the burning of the following materials: (i) vegetative material on the premises from which the material is derived and up to two neighbouring properties; or (ii) untreated wood, cardboard and paper; or (iii) outdoor burning of used polyethylene agricultural wrap up until 1 January 2014; or (iv) animal carcasses burned in accordance with quarantine or disease control requirements or where the groundwater table restricts disposal to land; and notwithstanding the above, (c) where such discharges: (i) are from burning materials and fuels for fire fighting training and fire fighting research purposes; or (ii) are well removed from sensitive activities including residential areas of the region; or (iii) occur from the burning of vegetative material in the following circumstances, assessed in resource consent processes: (1) where it is impracticable to remove vegetative material because of unsuitable access, and such vegetative material will result in a fire risk if not removed or will damage structures if not removed; or (2) where the financial implications of the alternatives to burning vegetative material are significant; or (d) where such discharges result from outdoor burning in instances where there is structural damage to small scale fuel burning devices or chimneys and flues resulting from a natural hazard event and where electricity power is cut off, but only for the duration of the electricity power loss; or where the discharge of particulate matter is in a manner which is not dangerous or noxious, or does not cause offensive or objectionable dispersal or deposition of particles beyond the boundary of any site from where the discharge originates. Page 3-14 Chapter 3 Air Quality October 2009/June 2011

28 Explanation and principal reasons Policy AQL4 applies to outdoor burning in land zoned in operative District Plans as rural, rural residential or to similar effect, commercial, and industrial. Policy AQL4A applies in residential and living zones, which are defined in NRRP Chapter 1 (Overview) as: Residential and Living Zone means any land which is shown in any operative District Plan in the Canterbury Region as zoned residential or living, but excludes Rural and Rural Residential zones or zones of similar effect. It includes any site which is not used for residential purposes, but which is zoned Residential or Living. Outdoor burning of vegetation and other waste material can cause adverse health effects and significant nuisance effects such as soiling, visual obstruction and odour. These effects can be minimised by controlled burning, well removed from sensitive areas. In addition to PM 10, combustion of general refuse results in discharges of a range of toxic contaminants and as such burning of mixed refuse is prohibited. Good practice can minimise particulate matter emissions so that neighbours do not experience significant nuisance effects. It is recognised in Policy AQL4(a) that if good practice is adopted then objectionable and offensive smoke can be avoided or mitigated. Appendix AQL1 contains recommended burning guidelines for the burning of vegetation, paper and cardboard and for the burning of used polyethylene agricultural wraps up until 1 January For example, vegetative material shall be dry at the time of burning. This will maximise combustion efficiency, promote quick burning and help limit discharges of contaminants. Policy AQL4(b) specifies materials which will be permitted to burn. Vegetation burning is limited to that derived from the property where burning occurs, and up to two neighbouring properties. This prevents commercial burning establishments that could concentrate the potential sources (and effects) at one location. It also limits the scale of the operation. Used polyethylene agricultural wraps pose a significant waste problem for the agricultural sector. The time limitation of the practice of the outdoor burning of polyethylene agricultural wrap is an interim measure to allow recycling programmes to be developed and implemented by industry and user groups. Exemption has been provided for fireworks, the burning of fuels in hangi and barbecues for food cooking purposes, through their exclusion from the definition of outdoor burning. Despite the allowance for burning specific material, other criteria need to be adhered to and these are identified in Policy AQL4(c), (d) and (e). Provision for fire fighting training and research in Policy AQL4(c) (i) is in recognition that this is a necessary activity, which may not conform to other requirements. Accordingly, some burning of buildings for the purposes of training fire-fighters is appropriate. However, the unnecessary burning of buildings other than for the training of fire-fighters is as a means of demolition will be strongly discouraged. Providing sufficient separation between outdoor burning and sensitive activities, identified in Policy AQL4(c) (ii), will mitigate significant adverse health effects and nuisance effects from occurring. Policy AQL4(d) provides exemptions to outdoor burning following a natural hazard event that has rendered small scale solid fuel burning appliances unsuitable for use and where electricity supply is disrupted for long periods. The policy provides security of heating supply and cooking facilities in those cases of real emergency. Policy AQL4(e) recognises that some particulate matter will inevitably be generated from fuel burning devices, especially those burning solid fuel, but it seeks to restrict nuisance effects to the site from where they are discharged. It also recognises that cost effective alternatives to burning materials in the open air are generally available. The Christchurch Clean Air Zones specifically address discharges to air from outdoor burning that may exacerbate Christchurch s wintertime air pollution problem by up to 33%. Outdoor burning is prohibited in the Christchurch Clean Air Zones 1 and 2 during winter months as identified in Policy AQL21. Burning of hill and high country vegetation is also covered by Part IV of the Land and Vegetation Management Regional Plan. October 2009/June 2011 Chapter 3 Air Quality Page 3-15

29 Methods The methods used or to be used to implement Policy AQL4 are: Method AQL4(a) Advocacy 1. Environment Canterbury will advocate to: (i) central government and territorial authorities regarding the need to address issues associated with used polyethylene agricultural wrap and agrichemical, dairy sanitiser and detergent containers; and (ii) New Zealand Fire Service that it shall undertake burning of buildings for the purpose of training fire-fighters according to the Memorandum of Understanding between the two organisations dated May 2009, which outlines the circumstances under which such training should occur. (iii) farmers through landcare groups, Horticulture New Zealand and Federated Farmers about the use of alternative means to burning of crop residues or vegetative stubble, tree prunings and the clearance of production land by burn-offs, when located near sensitive activities. 2. Environment Canterbury will actively support Federated Farmers of New Zealand and Horticulture New Zealand to achieve: (i) agricultural wrap being included within a viable product stewardship programme such as Agrecovery, Agpac or similar; and (ii) a successful agricultural wrap recycling scheme, which may include financial assistance and incentives. Method AQL4(b) Promotion and education Environment Canterbury will produce information brochures and co-ordinate education programmes as appropriate with territorial authorities, landcare groups, Federated Farmers, Industry and other agencies to promote: (i) the use of facilities to dispose of wastes that shall no longer be burnt in the open; and (ii) on-site composting practices; and (iii) waste minimisation initiatives to reduce the need for burning; and (iv) the use of good management practices identified in Appendix AQL1 to mitigate the adverse effects on air quality from the burning of crop residues or vegetative stubble, tree prunings and the clearance of production land by burn-off; and (v) understanding of the requirements of the regional rules implementing Policy AQL4(b)(iii). Method AQL4(c) Investigation Environment Canterbury will investigate: (i) alternatives to the disposal by burning of polyethylene agricultural wraps and used polyethylene agrichemical and animal remedy containers, including opportunities for reducing, re-using, recycling, resource recovery and residual management; and (ii) the availability of alternative products to polyethylene agricultural wraps. Method AQL4(d) Canterbury Hazardous Waste Management Strategy Environment Canterbury will promote, through the Canterbury Hazardous Waste Management Strategy, alternatives to burning agrichemical or animal remedy containers. Method AQL4(e) Regional rules Environment Canterbury will apply Regional Rules AQL29 to AQL38 in Section 3.3, to control outdoor burning. Page 3-16 Chapter 3 Air Quality October 2009/June 2011

30 Method AQL4(f) Resource consents Resource consents may be granted for outdoor burning which does not meet criteria specified in NRRP Chapter 3 for permitted activities. Method AQL4(g) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there are adverse effects of the discharge to air of contaminants associated with outdoor burning. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL4(h) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about outdoor burning; and (ii) provide a database to record the details of any complaints received about outdoor burning and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about outdoor burning; and (iv) in association with territorial authorities and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding outdoor burning and investigate any other methods to jointly address complaints about outdoor burning; and (v) undertake enforcement of the provisions of the NRRP where necessary. Method AQL4(i) Assessment criteria Environment Canterbury when determining whether or not a discharge of particulate matter from a combustion source has caused an objectionable or offensive effect will use the assessment criteria contained in Appendix AQL3. Policy AQL4A Restrictions on outdoor burning within residential and living zoned areas To restrict discharges to air from outdoor burning in residential and living zoned areas by: (a) avoiding nuisance effects on surrounding residents where there are alternatives for managing these waste streams, and (b) minimising nuisance effects on surrounding residents where there are no alternatives for managing these waste streams. Explanation and principal reasons Policy AQL4A applies in residential and living zones, which are defined in NRRP Chapter 1 (Overview). It does not include rural and rural residential zones or zones of similar effect. It also does not include rural, or rural residential zoned land that is used primarily for rural purposes. It does however, include sites used for non-residential purposes in these zones. There is an exemption for land which has been rezoned for future residential development but is still in rural use. In residential and living zoned areas, almost all households have the ability to reduce their waste stream by managing their own on-site recycling initiatives such as composting or worm farms for organic waste. In addition, alternative waste management services are often provided to the property. Ratepayer funded kerbside collection services and transfer stations provide alternatives to the need to burn waste such as vegetation, cardboard, paper and untreated wood. These services are increasingly available in cities, towns, and small settlements in the Canterbury Region. October 2009/June 2011 Chapter 3 Air Quality Page 3-17

31 In Christchurch, ratepayers can also opt, at their expense, for a larger green waste bin where required, or purchase additional waste disposal from the private sector. Such services reduce the need for burning as a disposal method for green waste. In other localities in Canterbury, e.g. Timaru and Ashburton, residential green waste burning is prohibited under territorial authority by-laws. For the purposes of Policy AQL4A, residentially and living zoned areas with access to kerbside recycling and refuse handling or disposal systems are considered to have alternatives to outdoor burning. The nuisance effect of residential burning, even in the shoulder season between winter and summer is considerable on neighbours in residential areas. Residential burning causes a significant number of complaints to Environment Canterbury enforcement staff. The Environment Canterbury enforcement system is complaint based. The complaints received include: Smoke entering neighbours houses, requiring window closure, Smoke entering gardens forcing people indoors, Smoke soiling or infusing freshly washed clothes, requiring re-washing, Smoke and odour reducing amenity value on an otherwise fine day, and Smoke exacerbating respiratory problems. In addition potential cumulative effects of smoke from multiple residential outdoor fires could create wide scale localised nuisance effects across residential areas, and may impact on ambient air quality which is currently very good in summer time. Therefore, even if individuals could manage their outdoor burning to mitigate their nuisance effects on neighbours, the cumulative effects of multiple outdoor fires needs to be managed. This cannot be done if the activity is not controlled through the resource consent process. Therefore, the approach taken is to manage residential outdoor burning as a non-complying activity in areas where kerbside recycling or recycling depots are available within the township. For other (much smaller) residentially and living zoned areas, the burning of vegetation, paper, and untreated wood will be managed as a permitted activity. The policy acknowledges that these nuisance effects on neighbouring properties may still occur in smaller residential areas. However, in the absence of ready alternatives to manage these waste streams, a permitted activity with conditions to minimise potential nuisance effects is the most appropriate option. Methods The methods used or to be used to implement Policy AQL4A are: Method AQL4A(a) Promotion and education Environment Canterbury will produce information brochures and co-ordinate education programmes as appropriate with territorial authorities, community groups, industry and other agencies to promote: (i) worm farms; and (ii) on-site composting practices; and (iii) waste minimisation initiatives; and (iv) kerbside recycling; and (v) recycling depots; and (vi) understanding of the requirements of the regional rules implementing Policy AQL4A. Method AQL4A(b) Regional rules Environment Canterbury will apply Regional Rules AQL29A and AQL29B in Section 3.3, to manage outdoor burning in residential and living zones. Method AQL4A(c) Resource consents Resource consents may be granted for outdoor burning which cannot meet the conditions for permitted activities in residential areas without kerbside collection services or recycling facilities; and may, in exceptional cases, be granted for a non-complying activity in townships which have these services; if the consent authority is satisfied nuisance effects can be appropriately mitigated. Page 3-18 Chapter 3 Air Quality October 2009/June 2011

32 Method AQL4A(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there are adverse effects of the discharge to air of contaminants associated with outdoor burning. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL4A(e) Response to Complaints and Enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about outdoor burning; and (ii) provide a database to record the details of any complaints received about outdoor burning and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about outdoor burning; and (iv) in association with territorial authorities and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding outdoor burning and investigate any other methods to jointly address complaints about outdoor burning; and (v) undertake enforcement of the provisions of the NRRP where necessary. Policy AQL5 Odour nuisance (a) The discharge to air of odour from new activities shall not be offensive or objectionable to the extent that it has or is likely to cause an adverse effect on the environment beyond the boundary of the site where the discharge originates. (b) Where appropriate existing activities that discharge contaminants into air shall adopt the best practicable option to avoid remedy or mitigate offensive or objectionable effects of odour beyond the boundary of any site from which they originate. (c) Avoid encroachment of sensitive activities on existing activities discharging odorous contaminants into air, unless adverse effects of the odour can be avoided or mitigated by the encroaching activity. For the purposes of this policy: new activities are those activities which are established after 1 June 2002 or not lawfully established on or before 1 June 2002; and existing activities are those activities which are lawfully established on or before 1 June Explanation and principal reasons The objectionable and offensive effects of odour are a significant adverse effect on the environment and a significant resource management issue in the Canterbury region. While industrial, rural and domestic activities can cause some offensive or objectionable odour effects beyond the site boundary, good practice may minimise emissions so that neighbours do not experience significant adverse effects. Policy AQL5 recognises that it may not be possible to completely avoid all detectable odours. What is offensive or objectionable will depend on the frequency of exposure, the intensity of odorous substances, the duration of exposure, the nature of the odour and the sensitivity of the receiving environment. Environment Canterbury will determine what is offensive or objectionable on the basis of assessment criteria. Activities should internalise their effects unless it is shown, on a case-by-case basis, that they cannot reasonably do so. There is a greater expectation of internalisation of effects of newly established activities than of older activities. That is because new activities are not encumbered by existing plant October 2009/June 2011 Chapter 3 Air Quality Page 3-19

33 and processes and have easier access to contemporary technology. Policy AQL5(b) recognises that, where appropriate, existing activities can continue provided the potential for odour is mitigated, including by the implementation of the best practicable option. In this context, best practicable option means mitigation measures or practices that can be established. It is recognised that having done all that is reasonably achievable, for existing activities in particular, total internalisation of effects within the site boundary will not be feasible in all cases and may not be necessary to achieve Policy AQL5. The adverse effects of odour nuisance can be avoided if contaminants are not discharged near sensitive areas or activities. New activities that generate odour shall be well removed from sensitive areas and activities to prevent offensive or objectionable effects and hence complaints. Only when the adverse effects of odorous discharges can be satisfactorily avoided or mitigated should new activities be allowed to locate near sensitive areas and activities. The issue of reverse sensitivity can be addressed by requiring sensitive activities to locate well away from processes resulting in objectionable or offensive odour emissions. This will minimise problems associated with gradual encroachment of residential and other development on existing significant activities discharging to air, including industrial and trade processes. In general, existing significant activities discharging to air, including industrial and trade activities, have been developed in areas that are removed from sensitive areas and activities. Poor land use planning shall not diminish the value of the investment of the existing significant activities discharging to air, including industrial or trade activities. Land use planning to avoid new activities which are sensitive to the effects of discharges to air encroaching on existing activities discharging to air is achieved through district plans. The concept of reverse sensitivity to remedy or mitigate the adverse effects of established activities is an important policy tool to separate incompatible new activities from established activities. This concept recognises the importance of land use planning to ensure activities discharging objectionable or offensive levels of contaminants into the air are kept separate from sensitive land use activities such as residential use or vice versa. The general requirement imposed to not cause "objectionable or offensive effects" due to odour discharges is consistent with the general duties imposed by Section 17(3)(a) of the RMA. The impacts of odour on the community can be chronic or acute. In many cases, the observation of odour beyond the boundary of a property should be used to indicate the potential for adverse effects on the community. The actual extent to which the community is adversely affected, or in other words, whether objectionable or offensive effects have occurred, would normally require the use of one or more assessment tools and criteria, as detailed in Appendix AQL5. It is anticipated that the results of these assessments could be further supported by the recorded observations of council officers regarding specific incidents of objectionable or offensive odour, at or beyond the boundary of a property. Methods The methods used or to be used to implement Policy AQL5 are: Method AQL5(a) Information and promotion Environment Canterbury will produce information brochures and co-ordinate as appropriate with territorial authorities and other agencies to promote: (i) industry-led codes of practice for the management of odours, such as the Code of Practice for Pig Farming, EnviroPork, 2005; and (ii) cleaner production for odorous activities. Method AQL5(b) Regional rules Environment Canterbury will apply Regional Rules AQL40 to AQL42, AQL45 to AQL51, and AQL54 to AQL73 in Section 3.3, to control odorous activities. Method AQL5(c) Resource consents Resource consents may be granted for odorous activities. These may involve discharges into air which are specified as controlled, discretionary or non-complying activities. Page 3-20 Chapter 3 Air Quality October 2009/June 2011

34 Method AQL5(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the discharge of odour causes offensive or objectionable effects beyond the boundary of any site from where it originates. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any odorous activity, or to mitigate the effects of any odorous activity. Method AQL5(e) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about odorous activities; and (ii) provide a database to record the details of any complaints received about odorous activities and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about odorous activities; and (iv) in association with territorial authorities and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding odorous activities and investigate any other methods to jointly address complaints about odorous activities; and (v) undertake enforcement of the provisions of the NRRP where necessary; and (vi) if investigating a complaint, refer details of the complaint promptly to the alleged emitter to enable them to identify the problem and take action to address the complaint. Method AQL5(f) Assessment criteria Environment Canterbury when determining whether or not a discharge of odour has caused an objectionable or offensive effect will use the assessment criteria contained in Appendix AQL5. Method AQL5(g) Territorial authorities Territorial authorities in the preparation, variation, change or review of their district plans and through the exercise of their functions shall undertake land use planning that: (i) provides appropriate locations for odorous activities; and (ii) makes provision to protect established odorous activities from encroachment by sensitive activities. Policy AQL6 Avoid dust nuisance (a) The discharge to air of dust shall not be corrosive, noxious, dangerous, objectionable, or offensive to the extent that it has or is likely to cause an adverse effect on the environment beyond the boundary of the site where the discharge originates. (b) Avoid the encroachment of sensitive activities on existing activities discharging dust into air, unless adverse effects of the discharge can be avoided or mitigated by the encroaching activity. (c) Recognise and provide for the handling of bulk materials at the Ports of Lyttelton and Timaru while avoiding, remedying or mitigating adverse effects on the environment caused by the associated discharge of dust. For the purposes of this policy existing activities are those activities which are lawfully established on or before 1 June October 2009/June 2011 Chapter 3 Air Quality Page 3-21

35 Explanation and principal reasons Discharges of dust, causing soiling of clean surfaces and therefore visual impacts, can constitute a nuisance. Good practice can avoid, remedy, or mitigate emissions so that neighbours do not experience significant nuisance effects. For example, dust controls such as watering surfaces and erecting windbreaks can prevent objectionable or offensive concentrations of dust at neighbouring properties. Activities should internalise their effects unless it is shown, on a case-by-case basis, that they cannot reasonably do so. There is a greater expectation of internalisation of effects of newly established activities than of older activities. That is because new activities are not encumbered by existing plant and processes and have easier access to contemporary technology. Where appropriate, existing activities can continue provided the potential for dust is mitigated, including by the implementation of the best practicable option. In this context, best practicable option means mitigation measures or practices that can be established. It is recognised that having done all that is reasonably achievable, for existing activities in particular, total internalisation of effects within the site boundary will not be feasible in all cases and may not be necessary to achieve Policy AQL6. Dust nuisance problems are often associated with land use activities. Therefore, the issue of reverse sensitivity can be addressed by requiring sensitive activities to locate well away from activities that may cause objectionable or offensive effects from dust emissions. This will minimise problems associated with encroachment of residential and other development on existing significant activities discharging to air, including industrial and trade processes. In general, existing significant activities discharging to air, including industrial and trade activities have been developed in areas that are removed from sensitive areas and activities. Poor land use planning shall not diminish the value of the investment of the existing significant activities discharging to air, including industrial and trade activities. Land use planning to avoid new activities which are sensitive to the effects of discharges to air encroaching on existing activities discharging to air is achieved through district plans. Recognising the concept of reverse sensitivity is an important policy tool to separate incompatible new activities from established activities. This concept recognises the importance of land use planning, where possible, to ensure activities discharging objectionable or offensive levels of contaminants into the air are kept separate from sensitive land use activities such as residential use or vice versa. The Ports of Lyttelton and Timaru are strategic transport infrastructure for Canterbury which are of regional significance. The handling of bulk materials is an important part of the operations of these Ports. While such operations are recognised and provided for by Policy AQL6(c), there is a need to avoid, remedy, or mitigate the adverse effects on the environment of discharges to air from the bulk handling of materials. This will be achieved through the resource consenting process. Methods The methods used or to be used to implement Policy AQL6 are: Method AQL6(a) Information and promotion Environment Canterbury will produce information brochures and co-ordinate as appropriate with territorial authorities and other agencies to promote: (i) industry-led codes of practice for the management of dust discharges; and (ii) cleaner production for activities that produce dust discharges. Method AQL6(b) Regional rules Environment Canterbury will apply Regional Rules AQL39, AQL42 to AQL45, AQL48, AQL50 to AQL67, AQL69 and AQL70 in Section 3.3, to control dust. Method AQL6(c) Resource consents Resource consents may be granted for dust generating activities. These may involve discharges into air which are specified as discretionary activities under Regional Rules AQL58, AQL63 and AQL70. Page 3-22 Chapter 3 Air Quality October 2009/June 2011

36 Method AQL6(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the adverse effects of the discharge of dust causes corrosion, is noxious or dangerous, or causes offensive or objectionable dispersal or deposition of particles beyond the boundary of any site from where the discharge originates. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any dust generating activity, or to mitigate the effects of any dust generating activity. Method AQL6(e) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about dust generating activities; and (ii) provide a database to record the details of any complaints received about dust generating activities and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about dust generating activities; and (iv) in association with territorial authorities and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding dust generating activities and investigate any other methods to jointly address complaints about dust generating activities; and (v) undertake enforcement of the provisions of the NRRP where necessary. Method AQL6(f) Assessment criteria Environment Canterbury when determining whether or not the discharge of dust has caused an objectionable or offensive effect, will use the assessment criteria contained in Appendix AQL4. Method AQL6(g) Territorial authorities Territorial authorities in the preparation, variation, change or review of their district plans and through the exercise of their functions shall undertake land use planning that: (i) provides appropriate locations for activities that discharge dust; and (ii) makes provision to protect established activities that discharge dust, from encroachment by sensitive activities. Policy AQL7 Avoid agrichemical spray drift (a) Avoid the discharge into air of agrichemical sprays in a manner that results in adverse effects beyond boundaries of targeted properties or targeted species and onto nontargeted properties or species or contaminating water, by: (i) controlling agrichemical spray application in sensitive areas and in proximity to sensitive activities and roadways; and (ii) requiring agrichemical spray application not to exceed any rate or contravene any other requirement specified in the agrichemical manufacturer s instructions; and (iii) promoting compliance with the Code of Practice for the Management of Agrichemicals (NZS8409:1999); and (iv) promoting agrichemical spray applicators to be appropriately qualified; and (v) requiring aerial agrichemical spray applicators to be appropriately qualified; and (vi) requiring prior notification of agrichemical spray application when: October 2009/June 2011 Chapter 3 Air Quality Page 3-23

37 (1) requested by those people whose properties may be directly affected by the agrichemical spray application; or (2) spraying near property boundaries that may be directly affected by the agrichemical spray application; and (vii) advocating the use of agrichemicals which are less likely to create an off-target spray drift hazard. (b) Promote alternative means of pest control in order to encourage less reliance on the use of agrichemical spray application. (c) Avoid encroachment of sensitive activities on existing activities using agrichemical sprays, unless adverse effects of the discharge can be avoided or mitigated by the encroaching activity. Explanation and principal reasons The spray application of agrichemicals to control plant and insect pests and fungal diseases, is common throughout the Canterbury region. Such agrichemicals are used in horticulture, pastoral farming, cropping, and forestry. Agrichemicals are also used to control plant and insect pests, and fungal diseases in public parks, reserves, roadsides, riverbeds, and residential gardens. It is generally accepted within Canterbury that agrichemicals need to be used as part of current agricultural practice, as long as the agrichemicals are applied safely and responsibly. However, it is not accepted that off-target agrichemical spray drift be allowed to affect human health, amenity values or the wider environment. Agrichemical spray drift can cause odour nuisance, health effects, damage to non-target flora and fauna, and contamination of land and waterways. However, off-target spray drift may be substantially reduced, particularly if good agrichemical spraying practice is followed. It is therefore important that agrichemical applicators do not exceed any rate or contravene any other requirement specified in the manufacturer s instructions and are compliant with the Code of Practice for the Management of Agrichemicals (NZS8409:1999). Chapter 4: Water Quality of the NRRP contains policies and associated methods that address the discharge of agrichemicals onto or into water and land. Environment Canterbury, territorial authorities and health agencies receive complaints with respect to agrichemical spraying, with many inquiries about the appropriateness of the use of agrichemical sprays in various situations. If the Code of Practice for the Management of Agrichemicals (NZS8409:1999) is complied with, then many of the concerns of the public could be alleviated before the agrichemical spraying is undertaken. District plan provisions will be promoted by Environment Canterbury to address the issue of reverse sensitivity by requiring new sensitive activities to locate well away from processes using agrichemical spraying. This will minimise problems associated with gradual encroachment of residential and other development on existing activities. In general existing activities using agrichemicals have been developed in areas that are removed from sensitive areas and activities. Poor land use planning shall not diminish the investment of existing horticultural activities. The concept of reverse sensitivity to remedy or mitigate the adverse effects of established activities is an important policy tool to separate incompatible new activities with established activities. This concept recognises the importance of land use planning to ensure activities discharging objectionable or offensive levels of contaminants into the air are kept separate from sensitive land use activities such as residential use or vice versa. The requirement to notify adjoining properties does not give the notified person the right to veto a spraying operation on a neighbouring property or in a public amenity area. The notification of the intention to spray is intended to inform people who could be affected, and provide the opportunity for them to take action to avoid or minimise potential exposure of themselves or their property to specific applications of agrichemicals. The provision of notification decreases the possibility of adverse effects occurring unintentionally and the opportunity for the person to provide for their own well being and health and safety. The Code of Practice for the Management of Agrichemicals (NZS8409:1999) provides Page 3-24 Chapter 3 Air Quality October 2009/June 2011

38 guidance on the notification and signage for application of agrichemicals in Appendix N of that document. Methods The methods used or to be used to implement Policy AQL7 are: Method AQL7(a) Advocacy Environment Canterbury will undertake ongoing liaison with industry and relevant organisations such as health agencies, territorial authorities, Federated Farmers and growers associations to advocate to agrichemical spray users to: (i) provide information to those who may be affected by agrichemical use, including the types of agrichemicals used, and when, how and why they are used; and (ii) undertake research and adopt alternative means of pest control to encourage less reliance on agrichemical spray application. Method AQL7(b) Information and promotion Environment Canterbury will: (i) promote adherence to the Code of Practice for the Management of Agrichemicals (NZS8409:1999) through landcare and resource groups, including promotion of appropriate disposal methods and alternatives to disposal for agrichemical containers; and (ii) encourage appropriate training of operators in the correct use and application of agrichemical sprays including the GROWSAFE training programmes and the Registered Chemical Applicators Scheme developed by the New Zealand Agrichemical Education Trust; and (iii) encourage aerial applicators to use Global Positioning Systems (GPS) to reduce the risk of application beyond target areas or species; and (iv) produce and disseminate information and education material about: (1) safe, responsible, and efficient use of agrichemicals in Canterbury; and (2) use or development of alternative pest management practices; and (3) management practices that avoid off-target spray drift from ground and aerial spraying; and (4) appropriate organisations to contact about spray drift concerns and complaints; and (5) those activities that need to be protected from encroachment by sensitive activities. (v) work with territorial authorities, agrichemical contractors, growers associations, Federated Farmers of New Zealand, and landcare/resource groups to maintain and make available to the public a list of registered chemical applicators and pilots with a current GROWSAFE Agrichemical Rating who operate in the region. Method AQL7(c) Regional rules Environment Canterbury will apply Regional Rules AQL70 to AQL73 in Section 3.3, to control the discharge of agrichemicals. Method AQL7(d) Resource consents Resource consents may be granted for the discharge of agrichemicals. These may involve agrichemical application specified as a discretionary activity. Method AQL7(e) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the adverse effects of the discharge of agrichemical sprays causes noxious, dangerous, offensive or objectionable effects beyond the boundary of any property from where the discharge originates. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any October 2009/June 2011 Chapter 3 Air Quality Page 3-25

39 discharge, or to mitigate the effects of any discharge. Method AQL7(f) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any agrichemical spray drift complaints; and (ii) provide a database to record the details of any agrichemical spray drift complaint received and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about agrichemical spray drift; and (iv) in association with territorial authorities, health agencies, growers associations and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding agrichemical spray drift and investigate any other methods to jointly address complaints about agrichemical spray drift; and (v) undertake enforcement of the provisions of the NRRP where necessary. Method AQL7(g) Territorial authorities Territorial authorities in the preparation, variation, change or review of their district plans and through the exercise of their functions shall undertake land use planning that: (i) provides appropriate locations for activities that use agrichemical sprays; and (ii) makes provision to protect established activities that use agrichemical sprays from encroachment by sensitive activities. Cross Ref. Policy AQL10 Policy AQL8 Control all other discharges to air (a) Control discharges of contaminants to air not specifically provided for in Policies AQL1 to AQL7 by: (i) allowing as permitted activities discharges of contaminants into air from industrial or trade premises or industrial or trade processes that have no more than minor adverse effects on the environment; and (ii) recognising and providing for emissions from internal combustion equipment while avoiding, remedying or mitigating ground level concentrations of contaminants, including cumulative effects; and (iii) avoiding, remedying or mitigating adverse effects of localised ground level concentrations of contaminants, including cumulative effects, on: (1) human health; and (2) the health and functioning of ecosystems, plants and animals; and (3) values of significance to Tāngata Whenua; and (4) cultural and amenity values; and (iv) where (c) above cannot be met by either: (1) regionally significant infrastructure, or (2) appropriately located industrial or trade premises or industrial and trade processes, that was established on or before 1 June 2002, require the discharger to adopt the best practicable option to avoid, remedy or mitigate the adverse effects on the environment of the discharge beyond the boundary of any site from which the discharge originates; and (v) applying the precautionary approach to the discharge of hazardous air pollutants identified in Schedules AQL1 and AQL2 where this is a potential significant adverse Page 3-26 Chapter 3 Air Quality October 2009/June 2011

40 effect on the environment which is not predictable because of uncertainty or absence of information. (b) Avoid encroachment of sensitive activities on existing activities discharging contaminants into air, unless adverse effects of the contaminants can be avoided or mitigated by the encroaching activity. Explanation and principal reasons Section 15(1) of the RMA allows discharges of contaminants into air from industrial or trade premises only when the discharge is expressly authorised by a permitted activity rule, a resource consent or by regulation. Policy AQL8(a)(i) establishes a framework which allows discharges into air from industrial or trade premises and industrial or trade processes, without the need for a discharge permit when the discharge has minor or no adverse effects on the environment. Policy AQL8(a)(ii) recognises the role of internal combustion equipment (e.g. diesel generators) providing electricity: in locations where an electricity supply is not readily available (e.g. part of the rural area); to supplement the electricity supply when this is threatened or the network could be compromised (e.g. peak network load management by the electricity lines and transmission companies or by individual electricity users such as the Port of Lyttelton); and to support activities requiring electricity when the supply is disrupted (e.g. by electricity supply companies, by individual institutional and business activities, within hydroelectricity power schemes). However, while recognising the desirability of the use of internal combustion equipment for these purposes, the effects of the discharges to air must also be appropriately controlled. Policy AQL8(a)(iii) identifies that where there are adverse effects from discharges an appropriate response to avoid, remedy or mitigate those adverse effects needs to be formulated. When considering applications for resource consents to discharge contaminants into air, the adverse effects on the values listed in (1) to (4) are to be avoided, remedied or mitigated. Policy AQL8(a)(iv) recognises discharges to air from regionally significant infrastructure which existed on 1 June 2002, such as the ports of Lyttelton and Timaru. This regionally significant infrastructure significantly contributes to the social, economic and cultural wellbeing of Canterbury. It has, and continues to be, subject of considerable, often community, financial investment and is unlikely to be readily replaced, moved or duplicated. The policy also recognises discharges to air from appropriately located industrial and trade premises and industrial and trade processes which existed on 1 June Where the location of these activities is appropriate, they contribute to Canterbury's social and economic well-being. In the context of this policy, "appropriately located" requires an overall judgement to be formed and includes consideration of: the significance of the adverse effect on the environment, the efficient use and development of the physical resources on the site, and the relevant zone(s) and associated provisions in the Operative District Plan. In circumstances where discharges to air from existing (as of 1 June 2002) regionally significant infrastructure and appropriately located industrial or trade premises and industrial trade processes cannot meet Policy AQL8(a)(iii), the discharger is to adopt the best practicable option to avoid, remedy or mitigate the adverse effects on the environment of the discharge. Schedule AQL1 lists the hazardous air pollutants for which there are ambient air quality guidelines. Schedule AQL2 lists other identified hazardous air pollutants. The presence of pollutants listed in Schedules AQL1 and AQL2 in a discharge will not necessarily cause an adverse effect on the environment when discharged in particular locations or particular concentrations. Each discharge will be considered in a manner appropriate to the scale and significance of discharge so that localised adverse effects from these pollutants on the environment are avoided, remedied or mitigated. Discharges of localised contaminants to air are often associated with land use activities. Other activities are to be located to avoid or mitigate reverse sensitivity issues. This will minimise problems associated with the encroachment of residential and other development on existing significant activities discharging to air, including industrial and trade processes. In general, existing significant activities discharging to air, including industrial and trade activities have been developed in areas that are removed from sensitive areas and activities. Poor land use planning shall not diminish the value of the investment of existing significant activities discharging to air, including industrial and trade October 2009/June 2011 Chapter 3 Air Quality Page 3-27

41 activities. Land use planning to avoid new activities which are sensitive to the effects of discharges to air encroaching on existing activities discharging to air is achieved through district plans. The concept of reverse sensitivity is an important policy tool to separate incompatible new activities from established activities. This concept recognises the importance of land use planning to, where possible, ensure activities discharging objectionable or offensive levels of contaminants into the air are kept separate from sensitive land use activities such as residential use or vice versa. Methods The methods used or to be used to implement Policy AQL8 are: Method AQL8(a) Regional rules Environment Canterbury will apply Regional Rules AQL13 to AQL58 and AQL70 in Section 3.3 to control the discharge of contaminants from industrial or trade premises and processes. Method AQL8(b) Resource consents Resource consents may be granted for activities which discharge contaminants into air. These may involve discharges into air which are specified as controlled, limited discretionary, discretionary or non-complying activities. Method AQL8(c) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there are adverse effects of the discharge of contaminants to air. Such adverse effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL8(d) Response to complaints and enquires Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about discharges to air from industrial or trade processes or industrial or trade premises; and (ii) provide a database to record the details of any complaints received about discharges to air from industrial or trade processes or industrial or trade premises and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about discharges from industrial or trade processes or industrial or trade premises; and (iv) in association with territorial authorities, health agencies and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding discharges to air from industrial or trade processes or industrial or trade premises and investigate any other methods to jointly address complaints about discharges to air from industrial or trade processes or industrial or trade premises; and (v) undertake enforcement of the provisions of the NRRP where necessary. Issue AQL2 Ambient air quality issues Existing and potential adverse health and nuisance effects because of poor ambient air quality in the urban and settled areas of Canterbury, particularly in Christchurch, Rangiora, Kaiapoi and Timaru, primarily associated with domestic heating emissions. Page 3-28 Chapter 3 Air Quality October 2009/June 2011

42 Objective AQL2 Objectives for ambient air quality in Canterbury (a) Where existing ambient air quality is equivalent to or better than the acceptable target specified in the Regional Ambient Air Quality Targets in Schedule AQL1 maintain air quality at its existing level. (b) Where monitoring identifies existing ambient air quality to be poorer than the acceptable target specified in the Regional Ambient Air Quality Targets in Schedule AQL1, improve ambient air quality to at least the level identified as acceptable so as to protect human health and safety and reduce the nuisance effects of poor ambient air quality. Explanation and principal reasons Objective AQL2 covers all of Canterbury including Christchurch. Objective AQL3, AQL4, AQL5 and AQL6 are in addition to the outcome sought under Objective AQL2, and apply to those areas identified in the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2. Objective AQL2 follows from Objective 1 of Chapter 13 of the RPS, that seeks to Maintain or improve ambient air quality so that it is not a danger to people s health and safety, and reduce the nuisance effects of low ambient air quality. This provides a broad basis for all air quality management. In order to demonstrate success towards this general goal, a precise definition is required of the level at which ambient air quality is a danger to human health and safety or is a nuisance. Policy 1 of Chapter 13 of the RPS states that standards shall be set to maintain minimum ambient air quality in urban areas of Canterbury based on concentrations of contaminants that cause adverse health effects and nuisance effects. The Ministry for the Environment has established National Ambient Air Quality Guidelines 2002 (NAAQG). The NAAQG identify guideline values for primary air contaminants and priority hazardous air pollutants. They provide the basis for protecting public health from adverse effects of air pollutants and for eliminating, or reducing to a minimum, those contaminants of air that are known or likely to be hazardous to human health and well being. The NAAQG are a starting point from which to formulate region-specific criteria or Regional Ambient Air Quality Targets (RAAQT). The NAAQG identify levels that will provide maximum protection to the environment, taking into account existing air quality, community expectations, economic implications, and the purpose and principles of the RMA. In the NAAQG the Ministry for the Environment s Environmental Performance Indicators Programme (Environmental Performance Indicators: Proposals for air, fresh water and land, 1997) provides a basis for establishing the RAAQT. Table AQL1 identifies the five categories of ambient air quality developed under the Environmental Performance Indicators Programme. Table AQL1 Ministry for the Environment National Ambient Air Quality Guideline (NAAQG) Categories Category Measured value Comment Action Exceeds the NAAQG value. Exceedences of the NAAQG are a cause for concern and warrant action if they occur on a regular basis. Alert Acceptable Between 66% and 100% of the NAAQG value. Between 33% and 66% of the NAAQG value. This is a warning level, which can lead to exceedences if upward trends are not curbed. This is a broad category, where maximum values might be of concern in some sensitive locations, but are generally at a level that does not warrant dramatic October 2009/June 2011 Chapter 3 Air Quality Page 3-29

43 Good Between 10% and 33% of the NAAQG value. action. Peak measurements in this range are unlikely to affect air quality. Excellent Less than 10% of the NAAQG value. Of little concern: if maximum values are less than a tenth of the guideline, average values are likely to be much less. Table AQL1 shows that pollution levels recorded above 66% of any NAAQG value fall within the alert category. This is a warning level indicating that the NAAQG value could be exceeded if upward trends are not curbed. This provides a definition of degraded air as it implies that 66% of the NAAQG is the threshold above which it is necessary to consider taking action to maintain or reduce emissions into the airshed. In developing regional ambient air quality criteria, Ministry for the Environment has developed a range of values for region-specific criteria (Figure AQL2). The Ministry for the Environment suggests that regional councils should adopt criteria based on the monitoring results, with the aim of maintaining air quality at measured levels when it is below 66% of the NAAQG value, and enhancing when it is above. Figure AQL2: Potential range of values for regional criteria based on the categories in Table AQL1 Action Enhance 100% National Guideline Alert Maintain or Enhance 66% Regional Criteria Acceptable Maintain 33% 10% Good Excellent Maintain Use other tools It is noted that the RAAQT in the Canterbury region, identified in Schedule AQL1, are based on this advice. The targets support the objectives and policies in NRRP Chapter 3 and aim to maintain air quality in areas of the Canterbury region where it is already good, and enhance air quality in areas of the Canterbury region where it is degraded or unacceptable. The term target has been adopted as opposed to standard, because of the specific meaning of the term standard in Regional Rules as per Section 68 of the RMA. Regional monitoring data will determine which target is appropriate, taking into account the scale and frequency of any pollution problem, the source of emissions and other factors which influence air quality. The acceptable target is appropriate for protecting air quality for most areas of the Canterbury region where, although there is limited information, the air quality is clean and there are no specific issues. However, in general the rural areas of Canterbury will fit in the good category of the RAAQT and in general urban areas, where there are no specific issues or problems, will have acceptable air quality in terms of the RAAQT. Page 3-30 Chapter 3 Air Quality October 2009/June 2011

44 Monitoring undertaken by Environment Canterbury indicates there are areas where the acceptable or even alert target of the RAAQT cannot be met. To date (2001), monitoring has identified these areas of poor or degraded air quality as being: Rangiora, Kaiapoi, Christchurch, Ashburton and Timaru. Policy AQL9(b) identifies that where this occurs a specific management regime is required, for example, for Christchurch under Objective AQL3, Rangiora under Objective AQL4, Kaiapoi under Objective AQL5 and Ashburton under Objective AQL6. As knowledge of the air quality in other urban areas is obtained, then specific management regimes will be proposed, if these are warranted. This will entail the development of new objectives, policies and methods to be included in this chapter of the NRRP. Cross Ref. Policy AQL12 Policy AQL9 Applying Regional Ambient Air Quality Targets (RAAQT) Specify clean air zones and specific management regimes for improving ambient air quality in those areas where monitoring identifies that the alert target of the RAAQT is already exceeded, giving priority to Christchurch and Timaru. Explanation and principal reasons Policy AQL9 recognises that specific management regimes are required to improve air quality in those areas where there is poor or degraded ambient air quality, such as in Christchurch and Timaru. Policy 1(a) of Chapter 13 of the RPS identifies that priority shall be given to improving ambient air quality in Christchurch and Timaru. The Christchurch Clean Air Zones are specifically addressed under Objective AQL3. Timaru, Ashburton, Kaiapoi and Rangiora all have winter air pollution problems of varying severity. Investigations and monitoring have been undertaken and are still progressing in these areas as well as in other towns in the Canterbury region. Results from these investigations and monitoring will be used to determine such management regimes as are appropriate to improve air quality in these areas. Investigations and monitoring have been and still are being undertaken in other urban areas of Canterbury. They began in Kaikōura and Waimate in 2002, in Geraldine, Fairlie and Lyttelton in 2003, and other areas in Methods The methods used or to be used to implement Policy AQL9 are: Method AQL9(a) Investigation and implementation Environment Canterbury will undertake investigations into the extent of wintertime air pollution within urban townships with Canterbury in the following priority: (i) Timaru. (ii) Ashburton, Rangiora and Kaiapoi. (iii) other urban townships. (iv) This process will involve the following steps: (1) ongoing ambient air quality and meteorological monitoring at sites that are representative of peak, residential and remote areas; (2) preparation of an emissions inventory, which identifies key sources and how they change over space and time; (3) atmospheric dispersion modelling studies and exposure assessments to determine the spatial extent and frequency of areas where pollution levels exceed target values and their impacts; (4) analysis of current trends and projection for future trends in emissions; (5) analysis of the options for improving air quality and their cost effectiveness; and October 2009/June 2011 Chapter 3 Air Quality Page 3-31

45 (6) determining community views on the desirable level of air quality and the options for improving it. Method AQL9(b) Regional rules Environment Canterbury will apply Regional Rules AQL13 to AQL27, AQL34, AQL57 and AQL69 in Section 3.3 to control the discharge of contaminants from activities that may affect maintaining the RAAQT. Method AQL9(c) Resource consents Resource consents shall be granted for discharges identified as a controlled activity in Regional Rule AQL16 and AQL26, and may be granted for as discretionary activities in Regional Rules AQL17, AQL18, AQL19, AQL27, AQL34, AQL57 and AQL69. In the processing of applications for resource consent regard shall be given to the RAAQT and the setting of design ground level concentrations in accordance with Policy AQL9. Regional Rules AQL17, AQL18, AQL19, AQL27, AQL34, AQL57 and AQL69 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. The holders of resource consents shall comply with the conditions of Regional Rules AQL17, AQL18, AQL19, AQL27, AQL34, AQL57 and AQL69 from the date at which the new conditions on their resource consent commences under Section 116 of the RMA. Method AQL9(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the effects of any discharge adversely affect ambient air quality. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL9(e) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about poor ambient air quality; and (ii) provide a database to record the details of any complaints received about poor ambient air quality and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about poor ambient air quality; and (iv) undertake enforcement of the provisions of the NRRP where necessary. Cross Ref. Policy AQL8 Policy AQL10 Precautionary approach to hazardous air pollutants When considering applications for resource consents and in adopting any standards, apply the precautionary approach in assessing any adverse effects on the environment from the discharge of hazardous air pollutants, including those identified in Schedules AQL1, and AQL2 where there is a potential significant adverse effect on the environment which is not predictable because of uncertainty or absence of information. Explanation and principal reasons Schedule AQL1 lists the hazardous air pollutants for which there are ambient air quality guidelines. Schedule AQL2 lists other identified hazardous air pollutants. The presence of pollutants listed in Page 3-32 Chapter 3 Air Quality October 2009/June 2011

46 Schedules AQL1 and AQL2 in a discharge will not necessarily cause an adverse effect on the environment when discharged in particular locations or particular concentrations. Each discharge will be considered in a manner appropriate to the scale and significance of discharge so that ambient air quality effects from these pollutants on the environment are avoided, remedied or mitigated. Methods The methods used or to be used to implement Policy AQL10 are: Method AQL10(a) Investigation Environment Canterbury will undertake investigations into the concentrations of priority hazardous air pollutants, listed in Schedule AQL1, that are present in ambient air in Christchurch. Method AQL10(b) Regional rules Environment Canterbury will apply Regional Rules AQL1 to AQL73 in Section 3.3 to control the discharge of hazardous air pollutants from activities. Method AQL10(c) Resource consents Resource consents may be granted for discharges identified as controlled or discretionary activities. Method AQL10(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the discharge of hazardous air pollutants has adverse effects. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Cross Ref. Policy AQL2 Policy AQL11 Set emission standards for enclosed burners Require discharges of contaminants to air from enclosed burners located within and in proximity to urban areas and on small sites installed after 1 January 2004 to meet the equivalent of the following standards: (a) emission of less than 1 gram of total suspended particulate (TSP) per kilogram of fuel burned; and (b) thermal efficiency of 65% or greater. Explanation and principal reasons Emission inventories undertaken in Canterbury to date have shown that domestic solid fuel burning devices are the main contributors to poor ambient air quality. It is therefore prudent that the least polluting technology be installed. Such technology is available. Policy AQL11 allows only enclosed burners meeting certain low emission standards to be installed from January 1, 2004 in some locations throughout Canterbury. An efficiency standard is included to ensure appliances do not need to burn more fuel to achieve the required room temperature in a dwelling. In other locations, the threat to ambient air quality is significantly reduced through geography, meteorology, remoteness, land use and population density. The same is recognised for enclosed burners in back country huts where any such discharges into air will be remote from urban areas, localised and contained within public conservation land. The standards can also be specified as a single unit, being total suspended particulate per unit of space heating output. This is an alternate way of determining the emission performance of an enclosed burner. This alternate approach allows a small degree of trade-off between emissions per unit of fuel burnt and thermal efficiency, while ensuring the overall emission performance of an enclosed burner remains the same. A list of devices that meet the standards can be obtained from Environment Canterbury. October 2009/June 2011 Chapter 3 Air Quality Page 3-33

47 Methods The methods used or to be used to implement Policy AQL11 are: Method AQL11(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material to advise of the requirements of Policy AQL11 and Rule AQL2. Method AQL11(b) Regional rules Environment Canterbury will apply Regional Rules AQL1 and AQL2, in Section 3.3 to control emissions from enclosed burners. As part of Rule AQL2 Environment Canterbury will authorise or approve those devices that meet the standards specified in Policy AQL11 and will publish a list of those devices that meet the standards. Method AQL11(c) Resource consents Resource consents may be granted for some situations under Rule AQL4 for enclosed burners not complying with the standards outlined in Policy AQL11. Method AQL11(d) Continue to use the provisions of Section 369(11) (b) of the RMA to prohibit or authorise small scale fuel burning devices By operation of Section 369(11)(b) of the RMA, the Transitional Regional Plan is deemed to include a rule allowing Environment Canterbury to authorise or prohibit the use and installation of any class of fuel-burning equipment, clean air zones identified in the Clean Air Zone (Christchurch) Order 1977 (as amended) and the Clean Air Zones (Canterbury Region) Order 1984 (as amended). Environment Canterbury will use this provision in the RMA to test whether appliances comply with the emission standards of Policy AQL11. Method AQL11(e) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the discharge of contaminants from enclosed fuel burners has adverse effects. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any activity, or to mitigate the effects of any activity. Cross Ref. Policies AQL2, AQL9 & AQL19 Policy AQL12 Set emission standards for large scale fuel burning devices Require the adoption of the best practicable option to prevent or minimise the adverse effects on the environment from the discharge to air of primary air pollutants identified in Schedule AQL1, from the combustion of fuel in large scale fuel burning devices located outside the Christchurch Clean Air Zones 1 and 2. Explanation and principal reasons Within the Christchurch Clean Air Zones 1 and 2 there are already elevated concentrations of PM 10 above the alert target in the Regional Ambient Air Quality Targets (RAAQT). A specific management regime has therefore been adopted for the Christchurch Clean Air Zones 1 and 2. Because largescale fuel burning equipment contributes to a small percentage of this problem, specific direction has been provided for large scale fuel burning equipment. Outside of the Christchurch Clean Air Zones 1 and 2 it is appropriate that discharges of PM 10 from large scale fuel burning equipment shall be minimised or prevented by the adoption of the best practicable option. Section 70(2) of the RMA states that before the Council includes a rule in a plan requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the Council shall be satisfied that having regard to: Page 3-34 Chapter 3 Air Quality October 2009/June 2011

48 (a) the nature of the discharge and the receiving environment; and (b) other alternatives, including a rule requiring the observance of minimum standards of quality of the environment; (c) the inclusion of that rule is the most efficient and effective means of preventing or minimising those adverse effects on the environment. Having considered these matters, Environment Canterbury is satisfied that it has met the requirements of Section 70(2) of the RMA. Further consideration of Environment Canterbury s reasoning for including best practicable option requirements in NRRP Chapter 3, is contained in the Section 32 Report. Methods The methods used or to be used to implement Policy AQL12 are: Method AQL12(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material and coordinate as appropriate with territorial authorities and other agencies to: (i) improve energy efficiency of combustion processes of large scale fuel burning devices; (ii) encourage use of alternatives to carbon-based fuels. Method AQL12(b) Regional rules Environment Canterbury will apply Regional Rules AQL22 to AQL27 in Section 3.3 to control fuel burning devices in the Canterbury region outside the Christchurch Clean Air Zones 1 and 2. Method AQL12(c) Resource consents Resource consents may be granted for activities which discharge contaminants into air from large scale fuel burning devices. These may involve discharges into air, which are specified as controlled activities under Regional Rule AQL26 or discretionary activities under Regional Rule AQL27. Regional Rules AQL26 and AQL27 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. The holders of resource consents shall comply with the conditions of Regional Rules AQL26 and AQL27 from the date at which the new conditions on their resource consent commences under Section 116 of the RMA. Method AQL12(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the discharge of contaminants to air from the combustion of fuel in large scale fuel burning devices outside the Christchurch Clean Air Zones 1 and 2 have adverse effects. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Objective AQL3 Objective for ambient air quality in Christchurch In the Christchurch Clean Air Zones 1 and 2, improve current poor winter ambient air quality so that by the year 2012 there is a reduction in the concentration of PM 10 to less than 50 µg/m 3 (24 hour average), with no more than one annual exceedence (averaged over three years), so as to reduce nuisance effects and adverse effects on human health. October 2009/June 2011 Chapter 3 Air Quality Page 3-35

49 Explanation and principal reasons The Christchurch Clean Air Zones 1 and 2 are identified on Maps AQL1 to AQL24. Christchurch s excessive concentrations of PM 10 are associated with numerous health problems. These range from minor irritation of the eyes and nose to exacerbation of existing respiratory and cardiac problems among small children and the elderly. PM 10 in Christchurch is associated with a 1% increase in all-cause mortality for every 10 µg/m 3 increase in PM 10 and a 4% increase in respiratory mortality. This equates to between 40 and 70 premature deaths each year. Further, economically it contributes to lost workdays through illness and impairs Christchurch s image as a clean city. The World Health Organisation and other agencies acknowledge that studies have been unable to identify a no observable adverse effects level for PM 10. This means that whatever the target is for PM 10, greater than zero, there is a chance that someone may suffer adverse health effects if exposed, particularly people whose health is already compromised. A first stage target of 50 µg/m 3 (24-hour average) with one annual exceedence (averaged over three years) has been adopted for PM 10 in Christchurch. The Ministry for the Environment has proposed this as the national guideline level with no exceedences. It is also the level adopted for the Australian National Environmental Protection Measures, the Canadian National Ambient Air Quality Objectives, and by the United Kingdom Expert Panel on Air Quality Standards and the Californian Environmental Protection Agency. The target of 50 µg/m 3 (24-hour average) will achieve a standard of ambient air quality more protective of human health for Christchurch residents. The benefits of achieving the 50 µg/m 3 (24 hour average) target for PM 10 (with one exceedence averaged over three years) include (but are not limited to): (a) reduced numbers of premature deaths (estimated to be currently between per annum) to 34; and (b) reduced hospitalisations (estimate to be currently between per annum) to 61; and (c) reduced restricted activity days (estimated to be currently between and per annum) by 60%; and (d) reduction in lost work days; and (e) reductions in medication use; and (f) potentially improved visibility; and (g) improved perception of Christchurch as a clean and healthy city, and hence increased business confidence and tourism; and (h) reduced nuisance effects associated with smell, smoke and materials soiling. The date of 2012, specified in Objective AQL3, is dictated by the speed at which policies and methods of implementation are put into practice to reduce emissions of PM 10. To hasten the date that the target of 50 µg/m 3 (24 hour average) will be achieved by, will mean that the dates contained in Policies AQL14 to AQL16 will need to be brought forward. Achievement of the target by 2012 is also based on the following assumptions: (a) only emissions inside the Christchurch Clean Air Zone 1 contribute to ambient air quality monitored in that area; and (b) there is no contribution from other sources (e.g. dust, sea spray, outdoor burning); and (c) emissions from transport decrease at projected rates, and emissions from industry increase in absence of additional controls. It is estimated that the contribution from transport and industry will be 12% of the 1996 emissions at 2021; and (d) Environment Canterbury does not approve applications for installation of solid fuel burners not meeting the low emission standards; and (e) a 1 g/kg burner (i.e. meeting the standards of Policy AQL11) operates at 3 g/kg in real time operative conditions; and Page 3-36 Chapter 3 Air Quality October 2009/June 2011

50 (f) fuel use/household is 15 kg/night (average); and (g) there is a linear decrease in the use of open fires from 2002 (of open fires in the 25 suburb area) to zero in 2008; and (h) no more than 42% of households with open fires replace them with complying burners (those meeting the standards of Rule AQL2) prior to 2008; and (i) no more than 56% of houses with existing non-complying enclosed burners install complying enclosed burners (those meeting the standards of Rule AQL2); and (j) the relationship between emissions and concentrations is linear; and (k) Environment Canterbury undertakes extensive public information and education campaigns; and (l) Environment Canterbury implements the proposed Clean Air and Energy Efficiency Incentives programme. There is some uncertainty within these assumptions; hence in achieving the 50 µg/m 3 (24 hour average) for PM 10 target Environment Canterbury has decided to allow for one annual exceedence (averaged over three years) as a first stage or interim target. To meet the target of 50 µg/m 3 (24 hour average) for PM 10 a substantial reduction in wintertime concentrations is required from the current average of 30 nights of exceedences per year to one exceedence. This reduction in concentrations equates to a 74% reduction in emissions of PM 10. In the long term, following a review of this chapter of the NRRP in 2013, Environment Canterbury s target for PM 10 is 50 µg/m 3 (24 hour average) with no annual exceedences is to be addressed. This review will also address other air quality targets based on Ministry for the Environment guidelines, such as for PM 2.5, benzo(a)pyrene, dioxin and benzene. Accordingly, in reaching the target identified in Objective AQL3, Environment Canterbury is mindful of not precluding its ability to meet the requirements of Objective AQL2. Policy AQL13 Solid Fuel Burners in New Situations (a) Ensure the number of dwellings using solid fuel, excluding wood pellet fuel burned in high-performance small scale wood pellet burning devices, as a means of heating in the Christchurch Clean Air Zone 1 does not increase by: (i) assisting and encouraging people to install cleaner forms of heating, and assisting and encouraging significant increases in the energy efficiency of dwellings; and (ii) prohibiting from 1 January 2003 the installation of small scale solid fuel burning appliances, excluding high-performance small scale wood pellet burning devices, in: (1) new dwellings or buildings; and (2) dwellings or buildings that currently do not have small scale solid fuel burning devices; and (3) extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices. (b) In the situations described in (a)(iii)(1), (2) and (3), above, only authorise emissions resulting from the installation of high-performance small scale wood pellet burning devices, if: (i) in the Christchurch Clean Air Zone 1: (1) at any time before 1 September 2013, it is likely that by 1 September 2013 the PM 10 concentrations in ambient air will not exceed 50 micrograms per cubic metre (24-hour mean, with only one exceedence in any 12-month period); and (2) at any time on or after 1 September 2013, the PM 10 concentrations in ambient air do not and will not exceed 50 micrograms per cubic metre (24-hour mean, with October 2009/June 2011 Chapter 3 Air Quality Page 3-37

51 only one exceedence in any 12-month period); and (ii) the PM 10 emissions from the small scale wood pellet burning device is similar to the lowest amount of PM 10 emissions achieved by the best emission performing commercially available small scale wood pellet burning devices; and (iii) the PM 10 emission performance from the in-situ operation of the burning device will be similar to the laboratory tested emission performance; and (iv) the number of pellet fires authorised does not exceed the projected demand over the next 24-month period for the installation of that type of small scale wood pellet burning device. Explanation and principal reasons At present (1999), only 13% of new houses install solid fuel burners. Policy AQL13 recognises that if those houses not using solid fuel or new houses yet to be built start using solid fuel then the 50 µg/m 3 (24 hour average) target for PM 10, contained in Objective AQL3, will be further away than it is at present. The policy therefore seeks from 1 January 2003 to permit replacement of existing solid fuel burners only, unless high-performance small scale wood pellet burning devices are installed when there is sufficient space in the airshed within Christchurch Clean Air Zone 1 to assimilate emissions from these types of burning devices. Policy AQL13(a)(ii) is likely to have a total net present cost of between $34M to $67M. These mainly relate to increased energy costs. However, it is considered that those houses affected by this policy currently have sufficient heating without using solid fuel and new houses can be designed so they are not reliant on solid fuel heating. Closely linked to preventing an increase in the number of dwellings using solid fuel heating, is the promotion of energy efficient design guidelines and standards for dwellings. Persuading people to install cleaner forms of heating is therefore also an important message promoted by Policy AQL13(a) (ii). Policy AQL13(b) provides for the authorisation through the granting of resource consents of PM 10 discharges arising from the installation of high-performance small scale wood pellet burning devices. High-performance small scale wood pellet burning devices are ultra low PM 10 emission devices which achieve a minimum emission standard of 40 milligrams of total suspended particulate emissions per megajoule of space heat output and a minimum thermal efficiency standard for space heating of 50%. The policy provides for this to occur if and when there is sufficient capacity in the airshed associated with Christchurch Clean Air Zone 1 to assimilate PM 10 emissions from these types of burning devices, or where the applicant has created additional space in the airshed by removing discharges that would not otherwise have been removed. In order to maximise the benefits and minimise the potential impact on ambient air quality, the policy is restricted to high-performance pellet fires which have very low emission rates of PM 10. These burners are designed to ensure that real-life emission performance closely relates to laboratory tested performance. This is generally achieved by limiting operator options and hence variability in relation to fuel type and size, fuel loading, air mix within the fire box, and dampening. It is also important to ensure that a short term allocative approach is taken to the authorisation of emissions from these high-performance small scale wood pellet burning devices. This is necessary in order to carefully manage the overall achievement of Objective AQL3 and Regulations 17, 17A, 17C and 18 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and other Toxics) Regulations Such a short-term allocative approach is the most effective and efficient way of controlling cumulative effects of individual resource consents and managing uncertainty. In the context of Policy AQL13(b)(ii), commercially available means the range of high-performance small scale wood pellet burning devices available to the public for purchase at the time that emissions from an individual device are approved under Rule AQL9A. Page 3-38 Chapter 3 Air Quality October 2009/June 2011

52 Methods The methods used or to be used to implement Policy AQL13 are: Method AQL13(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material to promote energy efficiency and the use of reliable and reasonably priced sources of clean heating. Method AQL13(b) Financial incentives and assistance Environment Canterbury will implement a clean air and energy efficiency financial incentives and assistance programme to: (i) subsidise the costs of replacing enclosed burners; and (ii) subsidise the costs of home energy efficiency improvements; and (iii) provide targeted support to lower income households to enable them to replace enclosed burners. Method AQL13(c) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy outlines regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy focuses on domestic heating as one of its core activities. It will promote clean heating and energy efficiency. As part of the Regional Energy Strategy, Environment Canterbury will: (i) advocate to the Energy Efficiency and Conservation Authority for the adoption of best practice insulation standards for dwellings to reduce the amount of contaminants discharged in the process of heating dwellings as a result of increased energy efficiency bringing lower heating demands; (ii) work with the Energy Efficiency and Conservation Authority, Community Energy Action, the Christchurch City Council, the Department of Building and Housing and other interested groups in the promotion of measures designed to minimise the need for heating and reduce the cost of heating through the adoption of energy efficiency measures and the selection of appropriate home heating methods; (iii) provide information about: (1) choices of heating and heat conservation methods; (2) energy efficiency options; and (3) incentives available to the public to change to cleaner, more efficient methods of home heating and fuel use. Method AQL13(d) Regional rules Environment Canterbury will apply Regional Rule AQL9 in Section 3.3 to prohibit, and Regional Rule AQL9A in Section 3.3. to control, in the Christchurch Clean Air Zone 1, the installation of small scale solid fuel burning appliances in: new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices. Method AQL13(e) Review of Regional Rule AQL9A Environment Canterbury will reassess the capacity of the Christchurch airshed to absorb PM 10 emissions using up-to-date modelling techniques, emission factors and inventory data and predictions, with a view to reassessing the appropriateness of the level of restriction on small scale wood pellet burning devices (pellet fires) in Regional Rule AQL9A. If Environment Canterbury s understanding of the capacity of the airshed associated with Christchurch Clean Air Zone 1 to absorb PM 10 emissions from these burners materially changes, the appropriateness of NRRP Chapter 3 provisions will be formally reviewed. October 2009/June 2011 Chapter 3 Air Quality Page 3-39

53 Method AQL13(f) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from small scale solid fuel burning appliances that have been prohibited in Regional Rule AQL9. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Policy AQL14 Prohibit open fires (a) In the Christchurch Clean Air Zone 1, prohibit from 1 January 2006 the use of open fires during April to September inclusive, except: (i) as provided for in Policy AQL17; or (ii) when the open fire is permanently retrofitted with a robust pollution control device which results in the open fire reliably meeting the standards in Policy AQL11. (b) In the Christchurch Clean Air Zones 1 and 2, prohibit after 1 June 2002 the installation of a new open fire. Explanation and principal reasons Open fires were not officially approved for use in Christchurch under the Clean Air Act 1974 and have not been permitted for installation since Nevertheless, in 1999 there were open fires in use in Christchurch on a typical winter s night. On such nights, open fires burning coal and wood contribute approximately 42% of domestic heating emissions of PM 10 for all of Christchurch (remembering domestic heating emissions make up 90% of PM 10 concentrations). Emissions from open fires are anywhere between four and seven times greater than those from an appliance meeting the 1 g/kg criteria (open fires using wood 12 g/kg, coal 21 g/kg, modern enclosed burner 3 g/kg). Policy AQL14(a) applies in the period of April to September inclusive. During these months Christchurch s PM 10 ambient air concentrations do not meet Objective AQL3. Policy AQL14(a) recognises that in order to achieve a reduction in emissions it is clear that, as a first principle open fires should be prohibited from use. The use of open fires is not decreasing at significant rates and they will not naturally cease to be operated. In addition to this, open fires are a very inefficient form of heating. They have an average operating efficiency of at most 15%. In extreme cases, the chimney draws more heated air than the fire produces and the "heating" device may have a negative 10% operating efficiency. Open fires are also an expensive form of heating. The cost per kwh of useable heat energy for open fires in Christchurch is 26 cents for wood burning and 28 cents for coal. This is compared with 6 cents per kwh for a heat pump or enclosed wood burner and 12 cents per kwh for a plug in heater. (See report by Greer & Bicknell :39). The date of 1 January 2006 is provided to allow sufficient transition away from the use of open fires. Further, the provisions of Section 105(1) (d) of the RMA mean that the regional rule implementing this policy will not have effect until the rule is operative. The date of 2006 is set with this in mind. To ensure that no new open fires are installed in the Christchurch Clean Air Zones 1 and 2, Policy AQL14(b) was proposed. Thus the current ban on installation that applies to the majority of the Christchurch Clean Air Zone 1 under the Transitional Regional Plan now extends to the Christchurch Clean Air Zone 2. It seeks to maintain the status quo of emissions from the rural parts of the Christchurch airshed, which contribute to Christchurch s wintertime air pollution problem. The prohibition of open fires would result in a net present value benefit of between $218M and $395M. This benefit is made up of costs of fuel savings, a reduction in hospital admissions and restricted activity days. A prohibition on open fires is the most cost efficient option of achieving Objective AQL3. Page 3-40 Chapter 3 Air Quality October 2009/June 2011

54 The policy recognises that it may be possible to install equipment (a pollution control device) in, on, or attached to, the open fire so that the open fire meets the standards set out in Policy AQL11. As of 2008, such devices are not commercially available in New Zealand. If such devices become available, before allowing emissions from open fires with the equipment installed, as part of the resource consent process it will be important to consider the longevity, robustness and reliability of the emission reductions that may be achieved. These considerations will include: how technically complex the pollution control device is; the likely ongoing performance of the device once installed; the risk of failure of the device; how easily the pollution control device may be bypassed or disconnected; what ongoing maintenance of the device is required and how this is to be provided for. Methods The methods used or to be used to implement Policy AQL14 are: Method AQL14(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material to: (i) advise of the requirements of Policy AQL14; and (ii) promote energy efficiency (including the benefits of insulation) and the use of reliable and reasonably priced sources of clean heating. Method AQL14(b) Financial incentives and assistance Environment Canterbury will implement a clean air and energy efficiency financial incentives and assistance programme to: (i) subsidise the costs of replacing open fires; and (ii) subsidise the costs of home energy efficiency improvements; and (iii) provide targeted support to lower income households to enable them to replace open fires. Method AQL14(c) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy outlines regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy focuses on domestic heating as one of its core activities. It will promote clean heating and energy efficiency. As part of the Regional Energy Strategy, Environment Canterbury will: (i) advocate to the Energy Efficiency and Conservation Authority for the adoption of best practice insulation standards for dwellings to reduce the amount of contaminants discharged in the process of heating dwellings as a result of increased energy efficiency bringing lower heating demands; (ii) work with the Energy Efficiency and Conservation Authority, Community Energy Action, the Christchurch City Council and other interested groups in the promotion of measures designed to minimise the need for heating and reduce the cost of heating through the adoption of energy efficiency measures and the selection of appropriate home heating methods; (iii) provide information about: (1) choices of heating and heat conservation methods; and (2) energy efficiency options; and (3) incentives available to the public to change to cleaner, more efficient methods of home heating and fuel use. Method AQL14(d) Regional rules Environment Canterbury will: (i) apply Regional Rules AQL7, AQL9 and AQL10 in Section 3.3 to prohibit the discharge of contaminants to air from combustion of fuel in open fires. October 2009/June 2011 Chapter 3 Air Quality Page 3-41

55 (ii) apply Regional Rule AQL11A in Section 3.3 to consider allowing the discharge of contaminants to air from combustion of fuel in open fires retrofitted with a pollution control device which results in the open fire reliably meeting the standards set out in Policy AQL11. (iii) consider reviewing the appropriateness of Rule AQL10 and the associated plan provisions if emissions from open fires are shown to be reliably reduced to that of an enclosed burner meeting Rule AQL2 by the combustion of low PM 10 emitting fuel. As part of any review, Environment Canterbury will consider the effectiveness of the use of low PM10 emitting fuel, the extent to which the fuel is readily and reliably available and accessible, and whether it is practicable to restrict emissions from open fires to only those resulting from the use of low PM 10 emitting fuel. (iv) consider reviewing the appropriateness of Rule AQL10 and the associated plan provisions if emissions from open fires are shown to be able to be reliably controlled so that all emissions cease as a result of the prediction of high pollution events and the high pollution events themselves can be accurately predicted. Method AQL14(e) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from open fires as identified in Regional Rules AQL7, AQL9 and AQL10. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge from an open fire. Method AQL14(f) Territorial authorities The Christchurch City Council in carrying out its functions under the Building Act 1991 shall not issue a building permit for the installation of open fires after 1 June Policy AQL15 Phase out older style enclosed burners in the Christchurch Clean Air Zone 1 In the Christchurch Clean Air Zone 1 prohibit from 1 January 2008 or 15 years after the date of installation, whichever is the later date, the discharge of contaminants to air during April to September inclusive from the combustion of any fuel in any enclosed burner not meeting the standards of Policy AQL11, except this shall not apply to those enclosed burners: (a) identified in Policy AQL17; or (b) when the older style enclosed burner is permanently retrofitted with a robust pollution control device which results in the older style enclosed burner reliably meeting the standards in Policy AQL11. Explanation and principal reasons Policy AQL15 recognises that older enclosed burners are more polluting than new generation models provided for in Policy AQL11 and seeks to promote cleaner methods of home heating. Policy AQL15 applies in the period of April to September inclusive. During these months Christchurch s PM 10 ambient air concentrations do not met Objective AQL3. Tighter emission criteria and technological advances mean that, in general, modern solid fuel burners emit considerably less suspended particulate than older models. Accelerating the phase-out of older burners will reduce overall emissions. Most of the operating burners in Christchurch do not meet the 1 g/kg emission standard. Waiting for natural replacement will not result in sufficient reductions. The policy will bring forward reductions in emissions and in a manner that is certain, because it is known more precisely when a burner will no longer be used. Page 3-42 Chapter 3 Air Quality October 2009/June 2011

56 15 years has been chosen on the basis of a number of estimates, which identify the average life of a burner to be between 12 and 20 years. This is in recognition that the life of a burner can vary depending on the frequency of operation, the manner in which it is operated and whether only appropriate fuels have been burnt in it. A mandatory phase-out time means that both the costs and emission reductions associated with the accelerated phase-out of enclosed burners are relatively small. This is because most of the burners would be replaced anyway so this policy has relatively little financial impact. However, the key benefit associated with this policy is the reduction in uncertainty associated with meeting the air quality target, as the replacement of old burners will be compulsory rather than voluntary. The mandatory phase-out of high emission appliances adds certainty to achieving the desired outcome by ensuring households do not continue to use enclosed burners beyond the burners useful life. It recognises that many householders may be unaware of the age of their burner and thus provides that age is to be determined by reference to official records maintained by the Christchurch City Council. In those instances where the householder has failed to obtain a building permit or consent to authorise the installation of the burner in question, the phase-out deadline would be 1 January The total net benefit of this policy is a net present value cost of $55M to $98M. The policy recognises that it may be possible to install equipment (a pollution control device) in, on, or attached to, the older style enclosed burner so that the older style enclosed burner meets the standards set out in Policy AQL11. As of 2008, such devices are not commercially available in New Zealand. If such devices become available, before allowing emissions from older style enclosed burner with the equipment installed, as part of the resource consent process it will be important to consider the longevity, robustness and reliability of the emission reductions that may be achieved. These considerations will include: how technically complex the pollution control device is; the likely ongoing performance of the device once installed; the risk of failure of the device; how easily the pollution control device may be bypassed or disconnected; what ongoing maintenance of the device is required and how this is to be provided for. Methods The methods used or to be used to implement Policy AQL15 are: Method AQL15(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material to: (i) advise of the requirements of Policy AQL15; and (ii) promote energy efficiency (including the benefits of insulation) and the use of reliable and reasonably priced sources of clean heating. Method AQL15(b) Financial incentives and assistance Environment Canterbury will implement a clean air and energy efficiency financial incentives and assistance programme to: (i) subsidise the costs of replacing older style enclosed burners; and (ii) subsidise the costs of home energy efficiency improvements; and (iii) provide targeted support to lower income households to enable them to replace older-style enclosed burners. Method AQL15(c) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy outlines regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy focuses on domestic heating as one of its core activities. It will promote clean heating and energy efficiency. As part of the Regional Energy Strategy, Environment Canterbury will: (i) advocate to the Energy Efficiency and Conservation Authority for the adoption of best practice insulation standards for dwellings to reduce the amount of contaminants October 2009/June 2011 Chapter 3 Air Quality Page 3-43

57 discharged in the process of heating dwellings as a result of increased energy efficiency bringing lower heating demands; (ii) work with the Energy Efficiency and Conservation Authority, Community Energy Action, the Christchurch City Council and other interested groups in the promotion of measures designed to minimise the need for heating and reduce the cost of heating through the adoption of energy efficiency measures and the selection of appropriate home heating methods; (iii) provide information about: (1) choices of heating and heat conservation methods; and (2) energy efficiency options; and (3) incentives available to the public to change to cleaner, more efficient methods of home heating and fuel use. Method AQL15(d) Regional rules Environment Canterbury will: (i) apply Regional Rule AQL11 in Section 3.3 to prohibit the use of older style enclosed burners in the Christchurch Clean Air Zone 1. (ii) apply Regional Rule AQL11A in Section 3.3 to consider allowing the discharge of contaminants to air from combustion of fuel in older style enclosed burners retrofitted with a pollution control device which results in the older style enclosed burners reliably meeting the standards set out in Policy AQL11. (iii) consider reviewing the appropriateness of Rule AQL11 and the associated plan provisions if emissions from older style enclosed burners are shown to be reliably reduced to that of an enclosed burner meeting Rule AQL2 by the combustion of low PM 10 emitting fuel. As part of any review, Environment Canterbury will consider the effectiveness of the use of low PM 10 emitting fuel, the extent to which the fuel is readily and reliably available and accessible, and whether it is practicable to restrict emissions from older style enclosed burners to only those resulting from the use of low PM 10 emitting fuel. (iv) consider reviewing the appropriateness of Rule AQL11 and the associated plan provisions if emissions from older style enclosed burners are shown to be able to be reliably controlled so that all emissions cease as a result of the prediction of high pollution events and the high pollution events themselves can be accurately predicted. Method AQL15(e) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from enclosed burners that have been identified in Policy AQL15. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge. Cross Ref. Policies AQL13 to AQL15 Policy AQL16 Reduce the number of small scale solid fuel burners in the Christchurch Clean Air Zones 1 and 2 In the Christchurch Clean Air Zones 1 and 2 reduce the number of small scale solid fuel burning devices meeting the standards of Policy AQL11, used on a typical winter s night by: (a) assisting and encouraging people currently using solid fuel heating to install cleaner forms of heating, and assisting and encouraging significant increases in the energy efficiency of dwellings; and (b) seeking voluntary curtailment of solid fuel burning during periods of high pollution potential. Page 3-44 Chapter 3 Air Quality October 2009/June 2011

58 Explanation and principal reasons Policy AQL16 promotes voluntary/non-regulatory measures to phase out solid fuel as a source of heat in dwellings. These measures shall be read in conjunction with Policies AQL13 to AQL15. To meet the air quality target for PM 10 of 50 µg/m³ (24 hour average) on a typical winter s night within Christchurch Clean Air Zone 1, it is necessary to significantly reduce the number of small scale solid fuel burning appliances discharging, even if they all meet the standards identified in Policy AQL11. Accordingly, encouraging people to insulate their home better and to install cleaner forms of heating is a first step and can occur through providing financial incentives. Providing financial incentives has successfully been employed in Christchurch and overseas in the past to promote changes in heating habits. To this end it will be used to change the way people heat their home, to cleaner forms of heating, which would result in reduced PM 10 emissions. Persuading people to install cleaner forms of heating is also an important message promoted by Policy AQL16(a). People need to be aware of the implications of their actions. Policy AQL16(b) seeks voluntary curtailment of solid fuel burning on nights of high pollution potential. Mandatory curtailment on such nights is unlikely to be legally enforceable. However, on a voluntary basis the curtailment of burning on nights of projected high pollution may have some benefits in raising people s awareness about air pollution. Noting this, recent scientific information about the effects of PM 10 on people s health, has indicated evidence that a stricter ambient air quality target may be more appropriate than the interim target adopted in Objective AQL3. The WHO has adopted no standard for PM 10 recognising that there is no observed safe level at which adverse effects can be set. Several factors affect the maximum allowable number of burners in Christchurch. These include the size of the area under consideration, the absolute contributions to PM 10 loadings from sources other than home heating, i.e., industry and transport, and the numbers and emissions performance of burners still operating at the time we are interested in determining compliance with the guideline. The latter factor depends on the rate at which burners in each emissions category are phased out of operation. In turn that depends on both the policy measures adopted, and the home heating choices of householders in response to changing community attitudes and in anticipation of regulatory requirements, such as the banning of various types of fuel-burning equipment. All of these factors mean that any calculations of maximum allowable burner numbers must be referenced to a particular point in time, a specific area, a particular set of policy measures, and assumptions about home-heating behaviour. Uncertainty surrounding these factors has resulted in Environment Canterbury deciding to regularly review the provisions of this chapter. Methods The methods used or to be used to implement Policy AQL16 are: Method AQL16(a) Information and promotion Environment Canterbury will: (i) produce and disseminate information and educational material to promote energy efficiency (including the benefits of insulation) and the use of reliable and reasonably priced sources of clean heating; (ii) seek media support to strengthen the profile of Environment Canterbury s announcement of high pollution alerts, including the message not to use solid fuel burners where alternative forms of heating are available on days of poor ambient air quality. Method AQL16(b) Financial Incentives and Assistance Environment Canterbury will implement a clean air and energy efficiency financial incentives and assistance programme to: (i) subsidise the costs of replacing enclosed burners; and October 2009/June 2011 Chapter 3 Air Quality Page 3-45

59 (ii) subsidise the costs of home energy efficiency improvements; and (iii) provide targeted support to lower income households to enable them to replace enclosed burners. Method AQL16(c) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy outlines regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy focuses on domestic heating as one of its core activities. It will promote clean heating and energy efficiency. As part of the Regional Energy Strategy, Environment Canterbury will: (i) advocate to the Energy Efficiency and Conservation Authority and to the Department of Building and Housing for the adoption of best practice insulation standards for dwellings to reduce the amount of contaminants discharged in the process of heating dwellings as a result of increased energy efficiency bringing lower heating demands. (ii) work with the Energy Efficiency and Conservation Authority, Community Energy Action, the Christchurch City Council and to the Department of Building and Housing and other interested groups in the promotion of measures designed to minimise the need for heating and reduce the cost of heating through the adoption of energy efficiency measures and the selection of appropriate home heating methods. (iii) provide information about: (1) choices of heating and heat conservation methods; and (2) energy efficiency options; and (3) incentives available to the public to change to cleaner, more efficient methods of home heating and fuel use. Method AQL16(d) Regional Rules This policy is not implemented by rules; therefore the regional rules in Section 3.3 do not apply to Policy AQL16. Cross Ref. Policies AQL14, AQL15 & AQL16 Policy AQL17 Provide exemptions for heritage buildings or in emergency situations in the Christchurch Clean Air Zone 1 In the Christchurch Clean Air Zone 1 allow the discharge of contaminants to air from any small scale solid fuel burning device: (a) located in a heritage building meeting all the following criteria: (i) located in a building that is listed as a heritage building in Appendix 1 of Part 10, Volume 3 of the Christchurch City Plan; and (ii) located in a building that is regularly open to the public as of right; and (iii) the device is integral to the experience of visiting the building; and (iv) the device and chimney are original features of the building; and (v) the device and chimney are essential components of the architectural integrity of the building and are of the same genre as the style of the building; or (b) in emergencies where electricity is cut off for an extended period; or (c) for a temporary period of time, where the device fails to comply with Regional Rules AQL1 to AQL11, for people who may find it difficult to cope with the provisions of the rules. Page 3-46 Chapter 3 Air Quality October 2009/June 2011

60 Explanation and principal reasons Policy AQL17 provides exemptions for when solid fuel burning appliances not meeting the standards in Policy AQL11 may discharge contaminants to air. Policy AQL17(a) sets the criteria by which discharges to air from open fires, pot bellies, coal ranges or other similar historic fuel burning devices are allowed in recognised heritage buildings. Those buildings meeting the criteria are identified in Schedule AQL4. There is no requirement as part of NRRP Chapter 3 to demand the removal of chimneys or fireplaces in historic buildings. It is recognised that there are many cleaner burning alternatives including gas and diesel which will fit into existing fireplaces without much disruption and that these have a similar appearance to open fires. Wherever possible they shall be installed in preference to retaining the older device. The policies of NRRP Chapter 3 seek to prevent solid fuel from being burned in those instances that result in unacceptable emissions of PM 10 to air. A truly effects-based approach would not provide any exceptions as the effect of a discharge from an open fire in a heritage building compared to that in a non-heritage building is the same. Nevertheless, the desire to retain authentic appearance in some historic buildings in Christchurch shall be provided for to allow people to observe the buildings in a manner that is befitting of the authenticity of the building. Policy AQL17(b) provides an exemption in those emergencies where electricity supply is disrupted for long periods. It is not intended as allowing exemptions where intentional electricity or gas disconnection has occurred. The policy shall therefore provide security of heating supply in those cases of real emergency. Rule AQL6A allows this discharge as a permitted activity by small scale fuel burning devices, which includes open fires when the electricity network is disrupted. Policy AQL17(c) recognises that there will be some circumstances which prevent some households from being able to comply with the provisions of the Regional Rules. For example, some households may not be able to cope with the requirements because of severe financial hardship. In such instances Environment Canterbury will not move immediately to enforcement of the provisions of NRRP Chapter 3, but will endeavour to assist those affected to meet the requirements of the rules within a reasonable timeframe. Methods The methods used or to be used to implement Policy AQL17 are: Method AQL17(a) Regional rules Environment Canterbury will apply Regional Rule AQL8 in Section 3.3 to provide an exemption for heritage buildings meeting the criteria of Policy AQL17(a). Method AQL17(b) Compliance and Enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from small scale solid fuel burning appliances that have not been identified in Policy AQL17. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any activity, or to mitigate the effects of any activity. Policy AQL18 Mitigate adverse financial, social and health effects of clean air policies in the Christchurch Clean Air Zone 1 In the Christchurch Clean Air Zone 1 mitigate the adverse financial, social and health effects on individuals from the implementation of Policies AQL14, AQL15, AQL16 and AQL17 by facilitating mechanisms so that clean heating and improved insulation are available to all households especially low income households. October 2009/June 2011 Chapter 3 Air Quality Page 3-47

61 Explanation and principal reasons There is an underlying concern that the existing problem of poor and inadequate heating of some households would be aggravated by the implementation of NRRP Chapter 3. Problems of ill health or even death from hypothermia may increase. This is because some households, particularly lowincome households, may cease heating their homes at all. Others, such as tenants in private rented accommodation may also have limited options if landlords fail to replace existing highly polluting heating sources with approved heating. When open fires and enclosed burners are progressively phased out, some households will be unable to meet the costs of replacement. Also continuing running costs for some households may be higher than they are at present, especially if they have sources of cheap or free firewood or coal. It is considered that assistance to those that can t afford to change is inextricably linked to any implementation of measures to prohibit open fires and older style small scale fuel burning devices. It is in the interest of the entire Christchurch community that a change to cleaner heating is facilitated. Without incentives to change, the period over which the community will continue to breathe poor quality ambient air will be prolonged. Methods The methods used or to be used to implement Policy AQL18 are: Method AQL18(a) Financial Incentives and Assistance Environment Canterbury will implement a clean air and energy efficiency financial incentives and assistance programme into: (i) subsidise the costs of replacing older style enclosed burners; and (ii) subsidise the costs of home energy efficiency improvements; and (iii) provide targeted support to lower income households to enable them to replace older-style enclosed burners. Method AQL18(b) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy outlines regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy focuses on domestic heating as one of its core activities. It will promote clean heating and energy efficiency. As part of the Regional Energy Strategy, Environment Canterbury will: (i) advocate to the Energy Efficiency and Conservation Authority for the adoption of best practice insulation standards for dwellings to reduce the amount of contaminants discharged in the process of heating dwellings as a result of increased energy efficiency bringing lower heating demands; (ii) work with the Energy Efficiency and Conservation Authority, Community Energy Action, the Christchurch City Council and other interested groups and in particular those community groups who may not have an understanding of energy efficiency and energy conservation methods in the promotion of measures designed to minimise the need for heating and reduce the cost of heating through the adoption of energy efficiency measures and the selection of appropriate home heating methods; (iii) provide information about: (1) choices of heating and heat conservation methods; and (2) energy efficiency options; and (3) incentives available to the public to change to cleaner, more efficient methods of home heating and fuel use. (iv) actively inform and involve community groups in recruiting households to meet the requirements of Chapter 3. These groups will include those providing community welfare Page 3-48 Chapter 3 Air Quality October 2009/June 2011

62 assistance and others such as Refugee Resettlement Support, The Pacific Trust Canterbury, Budget Advisory Service, the Waltham Community Centre, the Phillipstown Community Centre, Rowley Resource Centre, Delta Community Support Trust, Welfare advocates, the Methodist Mission, St Vincent de Paul, Nga Maata Whaka, He Oranga Pounamu, Hauroa Matauroha, the Maori Women s Welfare League, Ngāi Tahu Development Corporation, Nga Hau E Wha and others. Cross Ref. Policies AQL2, AQL9 & AQL12 Policy AQL19 Prevent significant increases in PM 10 emissions from large scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2 In the Christchurch Clean Air Zones 1 and 2: (a) Prevent significant increases in emissions of PM 10, and minimise the adverse effects on the environment, from the discharge of contaminants to air from the combustion of fuel in large scale fuel burning devices. (b) Recognise large scale fuel burning devices existing as of 1 June 2002 emitting PM 10 and enable the continuation of PM 10 emissions from such devices provided that the best practicable option is adopted to prevent or minimise the discharge to air of PM 10. (c) Recognise and provide for emissions of PM 10 from internal combustion equipment generating electricity by: (i) enabling the use of internal combustion equipment during times of imminent or actual electricity supply emergency or when the electricity generation Emergency Zone is reached; and (ii) limiting the use of internal combustion equipment to achieve (1) above during times of peak electricity network load management, periods when the nation requires the use of reserve generation capacity, or when the South Island Minzone is reached. Explanation and principal reasons Policies AQL14 to AQL18 seek to reduce emissions from the domestic sector, associated with burning solid fuel on small scale fuel burning devices in Christchurch. To achieve reductions in ambient PM 10 concentrations it is important that the industrial sector does not significantly increase its emissions and compromise the gains achieved by reducing emissions from the domestic sector. Policy AQL19 recognises that emissions from large scale fuel burning devices can be improved and reduced through the adoption of more stringent operating standards and greater improvements in efficiency of fuel use. Although at present total industrial emissions represent only 7% of PM 10 concentrations in Christchurch ambient air, total PM 10 emissions from this source are projected to increase as industrial growth occurs. Thus, improvements by significant industrial dischargers of PM 10 are still required for the long term, to meet and maintain the ambient air quality target for PM 10 (50 µg/m 3 24 hour average). Policy AQL19(b) provides specific recognition of the emissions of PM 10 from large scale fuel burning devices existing as of 1 June These emissions of PM 10 are part of the PM 10 contaminant loading of the Christchurch clean air zones. Policy AQL19(a) does not seek an overall cumulative reduction in PM 10 emissions from large scale fuel burning devices. Policy AQL19(b) gives priority for these existing PM 10 emissions to continue provided that the emissions are minimised through the adoption of the best practicable option. Maintaining a robust and reliable electricity system is important. Policy AQL19(c) seeks to enable the use of internal combustion equipment (e.g. diesel generators) to assist to achieve this. However, while enabling the use of this equipment, the effects of the use of internal combustion equipment for this purpose must also be appropriately controlled. Within the Christchurch Clean Air Zones 1 and 2 the control of PM 10 emissions from the use of this equipment is particularly important. When the electricity supply is not available, disruption in that supply is imminent, or the Emergency Zone derived by the Electricity Commission is reached, the need for electricity outweighs any potential October 2009/June 2011 Chapter 3 Air Quality Page 3-49

63 effect of the discharges from the generators on the PM 10 concentrations in the Christchurch Clean Air Zones 1 and 2. In contrast, when the threat to the electricity supply is less, such as when generators are used for peak electricity network load management or during periods where the Electricity Commission determines reserve generation capacity should be used or the South Island Minzone is reached, the effect on PM 10 concentrations is to be minimised. Implementation of Policy AQL19 will require large-scale fuel-burning devices to meet emission standards and limitations, which are more stringent than limits now in place for many existing resource consent holders in this category. These rules rely upon improved operation and increased efficiency of fuel use and, in some cases, the selection of alternative fuels or installation of emission control equipment. Taken together, these measures will markedly reduce existing particulate emission loads from these sources, and help prevent the projected increase in PM 10 emissions, if such measures were not imposed. Methods The methods used or to be used to implement Policy AQL19 are: Method AQL19(a) Information and promotion Environment Canterbury will produce and disseminate information and educational material and coordinate as appropriate with territorial authorities and other agencies to: (i) improve energy efficiency of combustion processes of large scale fuel burning devices; and (ii) encourage use of alternatives to carbon-based fuels. Method AQL19(b) Regional rules Environment Canterbury will apply Regional Rules AQL12 to AQL21 in Section 3.3, to control emissions from large scale fuel burning equipment in the Christchurch Clean Air Zones 1 and 2. Method AQL19(c) Resource consents Resource consents may be granted for the discharge to air from large-scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2. These may involve discharges into air, which are specified as limited discretionary or discretionary activities. Regional Rules AQL16, AQL16A, AQL16B, AQL17, AQL18, AQL18A and AQL19 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. The holders of resource consents shall comply with the conditions of Regional Rules AQL16, AQL16A, AQL16B, AQL17, AQL18, AQL18A and AQL19 from the date at which the new conditions on their resource consent commences under Section 116 of the RMA. Method AQL19(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from large-scale solid fuel burning equipment in the Christchurch Clean Air Zones that are causing adverse effects. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any discharge, or to mitigate the effects of any discharge. Method AQL19(e) Response to complaints Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about large scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2; and Page 3-50 Chapter 3 Air Quality October 2009/June 2011

64 (ii) provide a database to record the details of any complaints received about large scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2 and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about large scale fuel burning devices in the Christchurch Clean Air Zones 1 and 2; and (iv) investigate and resolve complaints regarding large scale fuel burning devices; and (v) undertake enforcement of the provisions of the NRRP where necessary. Cross Ref. Policy AQL3 Policy AQL20 Promote measures to address discharges to air from motor vehicles in the Christchurch Clean Air Zones 1 and 2 (a) Promote a nationally co-ordinated initiative to reduce the adverse effects of motor vehicle exhaust emissions. This initiative shall: (i) develop national motor vehicle exhaust emission criteria; and (ii) encourage the use of transport fuels or energy sources which minimise contaminant discharges to air; and (iii) promote the use of vehicle technologies which minimise contaminant discharges to air; and (iv) promote the use of efficient and well-maintained vehicles; and (v) encourage the use of modes of transport that have low or no emissions. (b) Promote land use planning that results in land use patterns encouraging less polluting methods of transportation. (c) Promote traffic management that avoids the occurrence of ambient air quality problems associated with exhaust emissions from motor vehicles. Explanation and principal reasons Policy AQL20 recognises the need for the problem of motor vehicle exhaust emissions to be addressed comprehensively and at the national level. It also recognises the need for localised problems of excessive concentrations of certain contaminants to be addressed through traffic corridor management techniques. It further recognises that land use patterns which encourage less polluting modes of transport can have a significant effect in the long term, though this will need to occur in a manner that takes into account the safe and efficient provision for motor vehicles. It recognises the need for regional advocacy to support both national and local efforts to address motor vehicle pollution. Christchurch s most significant air pollution problem, elevated wintertime concentrations of PM 10, is attributable in only a small part to exhausts from motorised vehicles. Less than 3% of total concentrations of PM 10 are associated with the motor vehicle sector and over half of this is attributed to emissions from diesel exhausts. Smoke and fumes from diesel vehicles, and to a lesser extent, poorly maintained petrol vehicles also create nuisance conditions and adverse effects along main traffic routes. Motor vehicle exhaust emissions may contribute to daytime brown haze and reduced visibility in Christchurch. However, further investigation is required to establish the extent to which this is due to motor vehicles as opposed to other causes. Motor vehicles are known to be responsible for elevated concentrations of carbon monoxide at street level. For example, on the relatively congested Riccarton Road, Christchurch, carbon monoxide measurements taken at street level exceeded national ambient one-hour guideline (30 mg/m 3 ) on six days during a 1993 investigation, and on four days during a 1996 investigation. The guideline was not exceeded in a 2001 investigation The three monitoring locations were different, so direct comparisons to identify trends of carbon monoxide concentrations could not be made. While these concentrations did not extend beyond street level, carbon monoxide from motor vehicles (and domestic heating) is October 2009/June 2011 Chapter 3 Air Quality Page 3-51

65 also a problem in ambient air as demonstrated by ongoing monitoring undertaken at the St Albans monitoring site. Environment Canterbury will continue to advocate for national measures with the Ministry of Transport in recognition of its obligation to reduce pollution from motor vehicles in a comprehensive way and on a national scale. Environment Canterbury will encourage measures to reduce motor vehicle exhaust emissions and their impact in the urban areas of the region through the continuation of educational efforts, and through working with the road controlling authorities (i.e. Transit New Zealand and local authorities) on the key area of traffic flow management. Closely linked to Policy AQL20 is action to be undertaken under Policy AQL3. Methods The methods used or to be used to implement Policy AQL20 are: Method AQL20(a) Advocacy Environment Canterbury will advocate to: (i) Ministry of Transport for implementation of the following measures to reduce motor vehicle exhaust emissions: (1) more rigorous standards for imported vehicles that are new to the New Zealand fleet, ensuring that imports are screened for exhaust emission control technology in their country of origin; and (2) review of fuel specifications; and (3) traffic corridor management; and (ii) New Zealand Police for increased enforcement of the 10 second rule for smoky motor vehicle exhaust emissions controlled by the New Zealand Police, through Regulation 28 of the Traffic Regulations Method AQL20(b) Information and promotion Environment Canterbury will: (i) prepare or contribute to the preparation of educational material dealing with the efficient operation of motor vehicles to minimise emissions; and (ii) promote cycling, walking and other alternatives to cars; and (iii) continue to support and encourage public passenger transport. Method AQL20(c) Investigation Environment Canterbury will investigate: (i) the contribution of motor vehicle exhaust emissions to daytime brown haze/reduced visibility in Christchurch; and (ii) concentrations of contaminants at street level resulting from transport emissions; and (iii) the relationship between land use patterns and motor vehicle exhaust emissions. Method AQL20(d) Regional Land Transport Strategy Environment Canterbury, in accordance with the Land Transport Act 1998, will prepare a Regional Land Transport Strategy. That document will in part address air quality issues and will: (i) identify the future land transport needs of the region; and (ii) identify the most desirable means of responding to such needs in a safe and cost effective manner, having regard to the effect the transport system is likely to have on the environment; and (iii) identify an appropriate role for each land transport mode in the region, including freight traffic, public passenger transport, cycling, and pedestrian traffic; and Page 3-52 Chapter 3 Air Quality October 2009/June 2011

66 (iv) state the best means of achieving the matters referred to in paragraphs (ii) and (iii). Method AQL20(e) Non-statutory strategies Environment Canterbury will prepare a non-statutory strategy for the wider Christchurch area in partnership with Ashburton District Council, Banks Peninsula District Council, Christchurch City Council, Hurunui District Council, Selwyn District Council, Waimakariri District Council, the business community, other stakeholders and the public generally. This long-term strategy will address issues affecting the defined study area. Method AQL20(f) Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the RPS for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy is to outline regional options for moving to a more sustainable regional energy system. The Regional Energy Strategy will focus on sustainable transport as one of its core activities. Method AQL20(g) Territorial authorities Christchurch City Council in the preparation, variation, change or review of its district plan and through the exercise of its functions shall, to the extent required by the Resource Management Act, take into account the desirability or the need to: (i) provide for the implementation of traffic management control measures to reduce traffic congestion; and (ii) support and encourage the use of low emission modes such as walking, cycling and public passenger transport and give consideration to these modes at all stages of the planning process including subdivision; and (iii) encourage patterns and forms of urban settlement and infrastructure that decrease production of motor vehicle exhaust emissions and decrease the demand for motorised transport; and (iv) develop zoning and density provisions which will encourage more public transport, cycling and walking supportive development patterns and environments; and (v) review parking requirements and private vehicle parking pricing in areas identified as being public transport nodes or corridors; and (vi) develop and utilise design guidelines that direct land use planning away from development which creates dependency upon private motor vehicles, and towards development which is supportive of public transport; and (vii) act in a way which is not inconsistent with the provisions of the Canterbury Regional Land Transport Strategy. Cross Ref. Policy AQL4 Policy AQL21 Restrict discharges to air from outdoor burning in the Christchurch Clean Air Zones 1 and 2 In the Christchurch Clean Air Zones 1 and 2: (a) allow the discharge to air of contaminants associated with any outdoor burning where such discharges: (i) occur between September and April inclusive and occur in accordance with Policy AQL4; or (ii) within the Christchurch Clean Air Zone 2: (1) results from the outdoor burning of diseased vegetation from primary production on production land which is necessary to be burned for quarantine or disease control purposes; and (2) the outdoor burning is undertaken so as not to contribute to ambient PM 10 concentrations within the Christchurch Clean Air Zone 1; and October 2009/June 2011 Chapter 3 Air Quality Page 3-53

67 (b) restrict the discharge to air of contaminants associated with any outdoor burning where such discharges occur between May and August inclusive, except where such discharges occur from the burning of vegetative material in the following circumstances, assessed on a case-by-case basis by Environment Canterbury: (i) where it is impracticable to remove vegetative material because of unsuitable access, and such vegetative material will result in a fire risk if not removed or will damage structures if not removed; or (ii) where the financial implications of the alternatives to burning vegetative material are significant; or (iii) when summer fire risk restrictions prevent burning vegetative material during March and April; and (iv) where the outdoor burning can be undertaken so as not to contribute to the ambient PM 10 concentrations in Christchurch Clean Air Zone 1. Explanation and principal reasons Outdoor burning, except for food cooking, has been controlled in metropolitan areas of Christchurch since September 1988 when CCC Bylaw 119A restricted burning in the outdoors except in the months of March, April, September and October. Outdoor burning has the potential to significantly elevate levels of PM 10 in Christchurch by up to 33% if no restrictions were in place. There is no justification for allowing it to occur during the winter. During summer Forest and Rural Fires Act 1977 and the Christchurch City Fires Bylaw 1991 control outdoor burning. The Christchurch City Council Rural Fire Authority is the body charged with the responsibility for monitoring and managing the fire risk and fire hazard. Policy AQL21(a) clarifies that outdoor burning in summer in the Christchurch Clean Air Zones 1 and 2 will be assessed in accordance with Policy AQL4. Policy AQL21(b) identifies that notwithstanding Policy AQL4, burning during the winter months in the Christchurch Clean Air Zones 1 and 2 is constrained. Consideration on a case-by-case basis will only be given to extenuating circumstances associated with the disposal of vegetative material identified in Policy AQL21(a) and (b). It recognises the ready availability of cost efficient methods other than burning to dispose of vegetative material in Christchurch Clean Air Zones 1 and 2. Methods The methods used or to be used to implement Policy AQL21 are: Method AQL21(a) Information and promotion Environment Canterbury will produce information brochures and co-ordinate as appropriate with Christchurch City Council to promote: (i) the use of facilities to dispose of wastes that shall no longer be burned; and (ii) waste minimisation, including reduction, recycling and reuse of household waste and composting of garden wastes. Method AQL21(b) Regional rules Environment Canterbury will apply Regional Rule AQL35 to limit outdoor burning during May, June, July and August in the Christchurch Clean Air Zones 1 and 2. Method AQL21(c) Resource consents Resource consents may be granted for outdoor burning in the winter months in the Christchurch Clean Air Zones 1 and 2. Primary regard will be had for the matters in Policy AQL21(b)(i) to (iii). Page 3-54 Chapter 3 Air Quality October 2009/June 2011

68 Method AQL21(d) Compliance and enforcement Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where there is a discharge of contaminants to air from outdoor burning in the Christchurch Clean Air Zones that are causing adverse effects. Such effects may arise out of a breach of the rules set out in NRRP Chapter 3, or a breach of resource consent conditions. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of any outdoor burning, or to mitigate the effects of any outdoor burning. Method AQL21(e) Response to complaints and enquiries Environment Canterbury will: (i) provide a 24-hour pollution hotline to respond to any complaints about outdoor burning in the Christchurch Clean Air Zones 1 and 2; and (ii) provide a database to record the details of any complaints received about outdoor burning in the Christchurch Clean Air Zones 1 and 2 and to verify, where practicable, any complaints; and (iii) provide a customer services line during office hours to respond to any enquiries about outdoor burning in the Christchurch Clean Air Zones 1 and 2; and (iv) in association with Christchurch City Council and other authorities that receive complaints, develop and implement a procedure to investigate and resolve complaints regarding outdoor burning and investigate any other methods to jointly address complaints about outdoor burning; and (v) undertake enforcement of the provisions of the NRRP where necessary. Objective AQL4 Objective for PM 10 ambient air quality in Rangiora Clean Air Zones 1 and 2 (a) In the Rangiora Clean Air Zone 1, improve ambient air quality so that on and after 31 August 2013 the concentration of PM 10 is 50 µg/m 3 (24-hour average) or less, with no more than one annual exceedence by: (i) ensuring outdoor burning practices do not contribute any PM 10 during the time when Objective AQL4 may not be met; and (ii) preventing an overall increase in emissions from other discharge sources, including large scale fuel burning devices, unless: (1) the emissions are offset by reductions from other emission sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (2) the emissions will not contribute to the ambient PM 10 concentrations during the time when Objective AQL4 may not be met; and (iii) reducing the emissions from small scale solid fuel burning devices by the amount that is sufficient to achieve an overall reduction; and (iv) ensuring that the influence of PM 10 emissions from Rangiora Clean Air Zone 2 on PM 10 concentrations in Rangiora Clean Air Zone 1 does not increase, and is reduced over time. Explanation and principal reasons Objective AQL4(a) defines the ambient air quality PM 10 concentrations to be achieved in Rangiora by 31 August October 2009/June 2011 Chapter 3 Air Quality Page 3-55

69 PM 10 ambient air quality in Rangiora is currently poor. Monitoring shows that this poor air quality generally occurs in winter under calm weather conditions when inversion layers form. These excessive concentrations of PM 10 are associated with numerous health problems ranging from minor irritation of eyes and nose to exacerbating existing respiratory and cardiac problems among small children and the elderly. The benefits of reduced concentrations of PM 10 include; reduced numbers of premature deaths, reduced hospitalisation, reduced restricted activity days, reduced lost work days, reduction in medication use and reduced nuisance effects associated with smell, smoke and materials soiling. Objective AQL4(a) is the same as the PM 10 ambient air quality standard specified in the Resource Management (National Environmental Standards Relating To Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004 (NESAQ). In September 2005, because of poor PM 10 ambient air quality, the Rangiora airshed was gazetted in accordance with Regulation 3 of the NESAQ. Under the terms of the NESAQ, failure to achieve the national environmental standard for PM 10 after 31 August 2013 means that no resource consent for the discharge of PM 10 that would adversely affect that airshed can be granted (Regulation 19). A holder of an existing resource consent allowing the discharge of PM 10 that requires replacement after 31 August 2013 would not be able to obtain a replacement consent. Further, it means a person would not be able to establish an activity within the Rangiora airshed, or an activity that contributes PM 10 contaminant to the Rangiora airshed, if that activity requires resource consent to be obtained for the discharge of PM 10. At the time of public notification, monitoring from the year 2006 recorded the worst PM 10 ambient air quality concentrations on record, both in terms of the extent that 24-hour concentrations exceeded 50 µg/m³ and the total number of days on which the 24-hour average of 50 µg/m³ was exceeded. Objective AQL4(a) must be met under the worst case meteorological and emission conditions. Accordingly, the 2006 monitoring results are used as the basis for calculating the reductions required. The second-highest 24-hour average concentration from 2006 is used as the management value in order to recognise the provision for one permissible annual exceedence. For Rangiora the second highest 24-hour average concentration from 2006 must be reduced in order to meet the Objective AQL4(a). PM 10 emissions forecasts for Rangiora indicate that without significant intervention, PM 10 emissions will not reduce sufficiently by 31 August Together, domestic home heating (89%) and the industrial/commercial sector (8%) account for 97% of total PM 10 emissions. Domestic home heating is the dominant source of PM 10 emissions. Achieving the necessary emission reductions relies upon: (a) Domestic home heating (small scale solid fuel burning devices) reducing emissions by approximately two thirds. (b) The industrial/commercial sector (large scale fuel burning devices and other forms of PM 10 emissions) not increasing. (c) No contribution to PM 10 concentrations from other non-transport anthropogenic sources from within Rangiora Clean Air Zone 1. The most likely source is from outdoor burning. (d) No increase, and over time a decrease, in emissions from sources located within Rangiora Clean Air Zone 2 that have the potential to negate any reductions gained from within Rangiora Clean Air Zone 1 itself. The objective does not address emissions from the transport sector - emissions from this sector are a matter that cannot be effectively controlled through this regional plan. The emission contribution from motor vehicles is minimal. Total emissions from this sector are predicted to decrease as fuel quality increases and more efficient vehicles enter the vehicle fleet. There are a number of uncertainties associated with the achievement of Objective AQL4. These include: (a) The 1:1 relationship between PM 10 concentrations and emissions. This relationship may be affected by the time of day, location and characteristics of individual emission sources. Page 3-56 Chapter 3 Air Quality October 2009/June 2011

70 (b) The contribution from environmental (non-anthropogenic) sources. These sources include seasalt and dust. It is assumed that these sources will be limited to 4 µg/m 3 of ambient PM 10. (c) The contribution to ambient PM 10 from anthropogenic sources other than domestic home heating, industrial/commercial and transport sectors. Other potential sources include outdoor burning. It is assumed that there will be no contribution. (d) The emissions from domestic home heating, industrial/commercial and transport sources in the year These are forecast under a business as usual scenario. (e) The absolute and relative emissions from domestic home heating sources, which are based on estimates of the: (i) typical emission performance from different types of small scale solid fuel burning devices; (ii) fuel use; (iii) method of operation. These are assessed as part of the forecasts made. (a) The future choices made by individuals and organisations when replacing existing solid-fuel burners. It is assumed that the future choices will be similar to the current choices being made. (b) The effectiveness of rules in NRRP Chapter 3 in achieving the replacement, or upgrading of, small and large scale fuel burning devices. It is assumed that there will be 100% compliance with the relevant rules. In introducing the measures to achieve Objective AQL4, it is necessary to ensure that these do not: (a) Result in a failure to achieve Objective AQL2 in relation to pollutants other than PM 10. (b) Prejudice the ability for the airshed in the long-term to meet the PM 10 Regional Ambient Air Quality Target set out in Objective AQL2. Environment Canterbury will monitor changes in PM 10 concentrations in this airshed. If monitoring indicates that the Objective AQL4 will not be met by 2013, Environment Canterbury will initiate further measures. Policy AQL22 Avoid discharges from open fires in Rangiora Clean Air Zones 1 and 2 Except as provided for by Policies AQL25, AQL26 and AQL27, avoid the discharge of PM 10 from open fires: (a) in Rangiora Clean Air Zone 1, that exist as of 1 January 2008 from the earliest of the following dates: (i) 1 May 2010; or (ii) the date upon which there is a registered transfer of ownership of the site on which the open fire is located; and (b) in Rangiora Clean Air Zones 1 and 2, that did not exist as of 1 January Explanation and principal reasons Domestic home heating accounts for the significant proportion of PM 10 emissions within the Rangiora airshed. Of all the different domestic home heating small scale solid fuel burning devices, open fires produce a relatively high level of PM 10 emissions per appliance. This is because open fires have low combustion efficiency and are an inefficient form of space heating. As of 2006 within Rangiora Clean Air Zone 1 there were a significant number of open fires in use. While this number is reducing, without further intervention a significant proportion of these open fires will remain in use in In order to achieve Objective AQL4, except as provided for in Policies October 2009/June 2011 Chapter 3 Air Quality Page 3-57

71 AQL25, AQL26 and AQL27, emissions from open fires must cease and emissions from new open fires avoided. Where open fires exist, sufficient time is provided to enable households to change from this form of home heating, while also ensuring that Objective AQL4 will be met. In order to achieve this, emissions from open fires must cease by 1st May 2010, or time of property sale, whichever is the earliest. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing open fire. In both Rangiora Clean Air Zones 1 and 2 new discharges from open fires are to be avoided. Within Clean Air Zone 1, this is a component of reducing overall emissions from small scale solid fuel burning appliances. Within Clean Air Zone 2, this will ensure that new emissions from open fires in this zone do not increase PM 10 concentrations in Clean Air Zone 1. Policy AQL23 Emissions from enclosed burners in Rangiora Clean Air Zone 1 In Rangiora Clean Air Zone 1, reduce PM 10 discharges from enclosed burners by: (a) except as provided for by Policies AQL25, AQL26 and AQL27, avoid discharges from enclosed burners installed before 1 January 2001 that do not meet Policy AQL11, from the earliest of the following dates: (i) 1 May 2010; or (ii) the date upon which there is a registered transfer of ownership of the site on which the small scale solid fuel burners is located; (b) except as provided for by Policies AQL25, AQL26 and AQL27, avoid discharges from enclosed burners, installed after 1 January 2001 but before 1 June 2002, that do not meet Policy AQL11, where the discharge occurs 15 years after the date of installation; (c) avoid discharges from new enclosed burners, other than pellet fires, in all situations where: (i) a small scale solid fuel burning device did not exist as of 1 January 2008; or (ii) at the time of installation, an existing small scale solid fuel burning device is not being replaced by the new enclosed burner; and (d) encourage people to replace small scale solid fuel burning devices with non-solid fuel burning heating appliances and pellet fires. Explanation and principal reasons Prior to June 2002, a variety of enclosed burners were installed in Rangiora. Each type of enclosed burner results in a different level of PM 10 emissions generally the older the enclosed burner the greater the emissions that result from its use. In order to achieve Objective AQL4, PM 10 emissions from these older burners must be avoided. These older enclosed burners are the most common form of small scale solid fuel burning devices in the Rangiora Clean Air Zone 1. Collectively, they result in the largest proportion of PM 10 emissions from domestic home heating. While the number of older enclosed burners is reducing, without further intervention a significant proportion will remain in use in Policy AQL23 specifically recognises the different age and emission performance of the older enclosed burners, together with households investment associated with these. Reflecting this: (a) Where enclosed burners were installed before 1 January 2001, emissions must cease by 1st May 2010, or time of property sale, whichever is the earliest. (b) Where enclosed burners were installed between 1st January 2001 and 1st June 2002, emissions must cease 15 years after the date of installation. Page 3-58 Chapter 3 Air Quality October 2009/June 2011

72 For the purposes of these provisions, 15 years after the date of installation will be calculated as 15 years from the date of its first installation, as recorded by the relevant building permit or building consent. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing enclosed burner that does not meet Policy AQL11. Households with existing small scale solid fuel burning devices, may replace with clean air approved burners as a permitted activity (under Policy AQL11, implemented by Rule AQL2). Environment Canterbury maintains a list of authorised heating appliances and these can be viewed on their web site. However, if enclosed burners are installed and used where small scale solid fuel burners do not currently exist, or if a significant proportion of the older enclosed burners are replaced by enclosed burners complying with Policy AQL11, Objective AQL4 will not be met. Therefore, at the time of change it is necessary to influence the choice of home heating installed, while providing for a range of home heating alternatives. Policy AQL23 addresses this by: (a) Avoiding solid fuel enclosed burners in situations in which they do not exist, with the exception of pellet fires. (b) Encouraging people to replace existing enclosed burners with non-solid fuel home heating appliances and pellet fires. Pellet fires provide a least PM 10 emission solid fuel option for people. They result in a significantly lower real-life PM 10 emissions per appliance than some other forms of enclosed burners meeting Policy AQL11. This is because the operation of pellet fires is highly automated, allowing little opportunity for operator behaviour to detrimentally affect PM 10 emission performance. Policy AQL25 provides for the continued use of burners that are not approved under Policy AQL11 / Rule AQL2, for example, if they are retrofitted with pollution control technology. Policy AQL25 also provides for devices other than pellet fires to be installed into new situations, if their emissions performance is sufficiently good. This will be assessed on a case-by-case basis through the application for resource consents. Policy AQL24 Replacement of small scale solid fuel burning devices in Rangiora Clean Air Zone 1 In the Rangiora Clean Air Zone 1, avoid the discharge of contaminants into air from small scale solid fuel burning devices where the discharge occurs 15 years after the date of installation, except where the emission performance of the device continues to meet the standards in Policy AQL11. Explanation and principal reasons Policy AQL24 seeks to ensure that small scale solid fuel burning devices permitted under Policy AQL11 and Rule AQL2, continue to comply with those standards after 15 years of use. After 15 years, a household with an existing small scale solid fuel burning device, may replace with a new clean air approved device as a permitted activity (under Policy AQL11 and Rule AQL2), or may apply for resource consent to continue to discharge from their existing device (under Rule AQL77). Studies undertaken indicate that the average life of an enclosed burner is between 12 and 20 years. Over the course of its life, the emissions performance of a burner can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of failing to achieve the outcomes sought in Objective AQL4 (and the standards of the NESAQ). Provision is made for continued PM 10 emissions from these burners, if after 15 years of installation, it can be demonstrated that the burner continues to operate as well, or better, than it did when first installed. This will need to be assessed on a case-by-case basis. October 2009/June 2011 Chapter 3 Air Quality Page 3-59

73 This policy is also intended to cover open fires or older enclosed burners which have been retrofitted with pollution control technology, or other small scale solid fuel burning devices which have been approved under Policy AQL11 and Rule AQL2. In the absence of information on the longevity of such devices, a permitted discharge period of 15 years after installation of the pollution control equipment is consistent with the requirements for enclosed burners and is therefore considered appropriate. Policy AQL25 Best practicable technology for small scale solid fuel burning devices in Rangiora Clean Air Zone 1 In the Rangiora Clean Air Zone 1, allow discharges from small scale solid fuel burning devices if: (a) a small scale solid fuel burning device is not being replaced as specified in Policy AQL23(c)(i) and (ii), the performance of the new small scale solid fuel burning devices achieve the standards set out in Policy AQL11 when operated under a range of conditions representative of the real-life operation of the device; (b) a small scale solid fuel burning device is being replaced, the performance of the new small scale solid fuel burning devices are the same or better than devices achieving the standards set out in Policy AQL11. Explanation and principal reasons At this time small scale solid fuel burning devices meeting Policy AQL11 are considered to be, when viewed from a PM 10 emissions perspective, the best practicable option for solid fuel home heating. However, in the future alternative forms of small scale solid fuel burning devices, or existing small scale fuel burning devices fitted with special emission control technology, may become commercially available. These may perform better from an emissions per appliance perspective than small scale solid fuel burning devices meeting Policy AQL11. Policy AQL25 provides specific guidance on how this change in technology is to be provided for. A stricter emissions control approach is to be applied to small scale solid fuel burning devices where these are to locate in new situations. This reflects the limitations set out in Policy AQL23(c), and the need to ensure such emissions do not undermine the achievement of Objective AQL4. In recognition of the difference between tested laboratory emissions and real life emissions, the stricter approach requires consideration of the real-life emissions of the small scale solid fuel burning device under consideration. Where a small scale solid fuel burning device is being replaced, provided the tested laboratory emission performance of the replacement device is the same or better than a small scale solid fuel burning device meeting Policy AQL11, the emissions are to be allowed on the same basis as the device meeting Policy AQL11. Policy AQL26 Small scale solid fuel burning device exemptions in Rangiora Clean Air Zone 1 In the Rangiora Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device that is located in a heritage building meeting all of the following criteria: (a) located in a building that is listed as a heritage building in Appendix 28.1 of the Waimakariri District Plan; and (b) the device and chimney are original features of the building. Explanation and principal reasons Policy AQL26 provides exemptions for discharges from small scale solid fuel burning appliances which do not meet Policy AQL11 that are located in buildings of historic value. Page 3-60 Chapter 3 Air Quality October 2009/June 2011

74 It is recognised that the installation and use of heating alternatives may affect the existing heritage value of a building. Where these alternatives can be installed without compromising the heritage value, it is preferable that the older device is replaced with a suitable alternative device. Nevertheless, the overall judgement of Environment Canterbury is that retaining the authentic appearance in recognised historic buildings in Rangiora should be provided for. This will allow people to observe the buildings in a manner that is befitting of the authenticity of the building. Policy AQL26 sets the criteria by which these discharges to air from open fires, pot bellies, coal ranges or other similar historic fuel burning devices are allowed. The heritage buildings are identified using Appendix 28.1 of the Waimakariri District Plan and are as set out in Schedule AQL4. Policy AQL26A Facilitate mechanisms for clean heating and improved insulation in the Rangiora Clean Air Zone 1 In the Rangiora Clean Air Zone 1, facilitate mechanisms so that clean heating and improved insulation are available to all households, particularly low income households, in order to mitigate the adverse financial, social and health effects from the implementation of Policies AQL22 and AQL23. Explanations and principal reasons: There is an underlying concern that the existing problem of poor and inadequate heating of some households in Rangiora would be aggravated by the imposition of the rules relating to this town. When open fires and older style enclosed burners are phased out, some households will not find it easy to meet the costs of replacements. It is considered that assistance to those who face difficulties meeting the cost of changing appliances is inextricably linked to the implementation of measures to eliminate emissions from open fires and older style small scale fuel burning devices. Policy AQL27 Emergencies in Rangiora Clean Air Zone 1 In the Rangiora Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device for the duration of cessation of electricity supply as a result of an electricity network disruption: (a) when the cessation of supply has been notified in advance and will extend for a period greater than 3 hours; or (b) when the length of the cessation of supply is unknown at the time that the supply is terminated. Explanation and principal reasons Policy AQL27 provides for the discharge to air from small scale solid fuel burning devices not provided for in NRRP Chapter 3 when electricity supply is disrupted and this disruption cannot be planned for. The policy recognises the need to heat homes in the cases of emergency. It is not intended to allow exemptions where intentional electricity disconnection occurred. Rule AQL81A allows this discharge as a permitted activity by small scale fuel burning devices, which includes open fires when the electricity network is disrupted. October 2009/June 2011 Chapter 3 Air Quality Page 3-61

75 Policy AQL28 Emissions from large scale fuel burning devices in Rangiora Clean Air Zones 1 and 2 Allow the discharges of PM 10 from large scale fuel burning devices in the Rangiora Clean Air Zones 1 and 2, provided that: (a) the discharge does not result in Objective AQL4(b)(ii) not being met; and (b) the best practicable option to minimise PM 10 emissions is adopted: (i) within Rangiora Clean Air Zone 1, for existing and new large scale fuel burning devices; and (ii) within Rangiora Clean Air Zone 2, for new large scale fuel burning devices; Except that (a) and (b) do not have to met, if any of the following are met: (c) the person discharging has offset those emissions by reducing emissions from other sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (d) the emissions will not contribute to the ambient PM 10 concentrations in Rangiora Clean Air Zone 1 during the time when Objective AQL4 may not be met. Explanation and principal reasons The contribution of emissions from large scale fuel burning devices to PM 10 ambient air quality concentrations in Rangiora Clean Air Zone 1 is considerably lower than the domestic home heating sector. However, it is important that overall emissions from large scale fuel burning devices do not increase compromising the gains achieved by reducing emissions from the domestic sector. Policy AQL28 provides for the overall emissions within Rangiora Clean Air Zone 1 from large scale fuel burning devices to remain at 2006 levels, unless any increase in emissions: (a) Is offset by reductions from other emission sources. (b) Does not contribute to the ambient PM 10 concentrations in Rangiora Clean Air Zone 1 during the time when Objective AQL4 may not be met. Any emission offset must be a real offset. It must be clearly distinct and distinguishable from any reductions expected to otherwise be achieved through the implementation of the Regional Plan. If this is not the case, the offset may undermine the achievement of Objective AQL4. The policy also recognises that emissions from large scale fuel burning devices can be reduced by ensuring that best practicable options are being adopted. Best practicable options may include; more stringent operating standards, improved levels of cleaning and maintenance, improvements in efficiency of fuel use; changes in fuel type or quality, and the use of different pollution control technology. The effect of this is to provide for an increase in the number and/or size of large scale fuel burning devices within the Clean Air Zones, without creating an overall increase in emissions. There is a different approach to managing existing large scale fuel burning devices located in Rangiora Clean Air Zone 1 and those located in Rangiora Clean Air Zone 2. This is a reflection of the influence emissions in these different locations have on PM 10 concentrations in Rangiora Clean Air Zone 1. It is only when a new large scale fuel burning device is being installed in Rangiora Clean Air Zone 2 that best practicable option PM 10 reduction measures need to be considered. Page 3-62 Chapter 3 Air Quality October 2009/June 2011

76 Policy AQL29 Restrict discharges to air from outdoor burning in the Rangiora Clean Air Zones 1 and 2 In the Rangiora Clean Air Zones 1 and 2 avoid the discharge to air of contaminants associated with any outdoor burning where such discharges occur between May and August inclusive, except where such discharges occur from the burning of vegetative material in the following circumstances: (a) where it is impracticable to remove vegetative material because of unsuitable access, and such vegetative material will result in a fire risk if not removed or will damage structures if not removed; or (b) where the financial implications of the alternatives to burning vegetative material are prohibitive; or (c) when summer fire risk restrictions prevent burning vegetative material during March and April; and (d) where the outdoor burning can be undertaken so as not to contribute to the ambient PM 10 concentrations in Rangiora Clean Air Zone 1 during the time when Objective AQL4 may not be met. Explanation and principal reasons Outdoor burning in Rangiora Clean Air Zones 1 and 2 has the potential to significantly elevate PM 10 concentrations in Rangiora Clean Air Zone 1. The adverse effects of outdoor burning on PM 10 concentrations that would result in Objective AQL4 not being achieved are to be avoided, particularly where other practicable and cost efficient waste disposal methods exist. It is recognised that occasionally, during the winter months, the burning of vegetative material such as hedge trimmings, prunings and shelter belts are necessary activities for rural areas. As such, some provision should be made for burning to occur. However, this should only be undertaken as a permitted activity within Clean Air Zone 2 and tightly controlled as set out in the conditions to Rule AQL75A to reduce the risk of PM 10 emissions contributing to ambient PM 10 concentrations in Clean Air Zone 1. Methods to Implement Policy AQL22 to AQL29 The methods used or to be used to implement Policies AQL22 to AQL29 are set out below. Method AQL22(a) Investigation Environment Canterbury will continue to undertake monitoring and investigations into the extent of wintertime air pollution in Rangiora. This process will involve the following steps: (i) ongoing ambient air quality and meteorological monitoring; (ii) preparation of an emissions inventory, which identifies key sources and how they change over space and time; (iii) atmospheric dispersion modelling studies and exposure assessments to determine the spatial extent and frequency of areas where pollution levels exceed target values and their impacts; (iv) analysis of current trends and projection for future trends in emissions; (v) analysis of the options for improving air quality and their cost effectiveness; and (vi) determining community views on the options for improving ambient air quality. Method AQL22(b) Information and promotion Environment Canterbury will produce and disseminate information and educational material, and coordinate as appropriate with territorial authorities and other agencies, to: (i) advise of the requirements of the regional rules within NRRP Chapter 3; October 2009/June 2011 Chapter 3 Air Quality Page 3-63

77 (ii) advise of the availability of a clean air and energy efficiency financial assistance programme; (iii) improve energy efficiency of combustion processes of fuel burning devices; (iv) encourage the use of alternative clean technology in home heating; (v) promote energy efficiency (including the benefits of insulation); (vi) promote and support research into, and the development of, cleaner burning small scale solid fuel burner technology; (vii) promote the use of facilities to dispose of wastes that shall no longer be burned; (viii) promote waste minimisation, including reduction, recycling and reuse of household waste and composting of garden wastes; and (ix) promote the prior notification of neighbours of the occurrence of outdoor burning. Method AQL22(c) Financial assistance Environment Canterbury will consider implementing a clean air and energy efficiency financial assistance programme to provide targeted support of lower income households to enable them to replace open fires and enclosed burners by: (i) subsidising the costs of replacing open fires and enclosed burners; and (ii) subsidising the costs of home energy efficiency improvements. Method AQL22(d) Development of funding and delivery partnerships Environment Canterbury will, in conjunction with Waimakariri District Council, develop and maintain relationships with central government, businesses and agencies that can assist in the provision, including funding, and delivery, of a financial assistance programme. Method AQL22(e) Regional rules Environment Canterbury will apply regional rules in Section 3.3 of NRRP Chapter 3. Method AQL22(f) Resource consents Resource consents may be granted for activities which discharge contaminants into air from fuelburning devices. These may involve discharges into air. Environment Canterbury will apply Policies AQL22 to AQL29, as relevant, when considering such applications. Method AQL22(g) Review of resource consents Regional Rules AQL82, AQL83 and AQL84 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. Method AQL22(h) Compliance and enforcement Environment Canterbury will monitor the exercise of resource consents within Rangiora and take appropriate action where this is shown to be necessary. Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA. Method AQL22(i) Variation or plan change Environment Canterbury will, on an ongoing basis, consider the appropriate enclosed burner standard, together with the appropriate testing methodology, that best implement Policy AQL25. If technological advancements result in a new standard and/or testing methodology better implementing Policy AQL25 than current rules in the regional plan, it will consider changing these rules to reflect this new standard and/or testing methodology. Page 3-64 Chapter 3 Air Quality October 2009/June 2011

78 Method AQL22(j) Waimakariri District Council Environment Canterbury will collaborate with Waimakariri District Council to: (i) prepare and implement bylaws under the Local Government Act 2002 to control: (1) nuisance from smoke; (2) gross point sources of PM 10 pollution; (ii) collect and share information gathered as a result of functions and duties in the Building Act 2002, Resource Management Act 1991 and Health Act 1956; and (iii) make information available to the public about the availability of financial assistance. Method AQL22(k) Review Within 6 months of any revision to the PM 10 ambient air quality standard specified in the Resource Management (National Environmental Standards Relating to Certain Air Pollutants Dioxins and Other Toxics) Regulations (NESAQ). Canterbury Regional Council will commence a review of Objective AQL4 and any policies, rules, methods, explanations and reasons which implement that Objective, to determine whether those provisions are appropriate in light of the revision to the NESAQ. Objective AQL5 Objective for PM 10 ambient air quality in Kaiapoi Clean Air Zones 1 and 2 (a) In the Kaiapoi Clean Air Zone 1, improve ambient air quality so that on and after 31 August 2013 the concentration of PM 10 is 50 µg/m 3 (24-hour average) or less, with no more than one annual exceedence. (b) By 31 August 2013 achieve an overall 68% reduction in concentrations of PM 10 in Kaiapoi Clean Air Zone 1 by: (i) ensuring outdoor burning practices do not contribute any PM 10 during the time when Objective AQL5 may not be met; and (ii) preventing an overall increase in emissions from other discharge sources, including large scale fuel burning devices, unless: (1) the emissions are offset by reductions from other emission sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (2) the emissions will not contribute to the ambient PM 10 concentrations during the time when Objective AQL5 may not be met; and (iii) reducing the emissions from small scale solid fuel burning devices by the amount that is sufficient to achieve the overall reduction target; and (iv) ensuring that the influence of PM 10 emissions from Kaiapoi Clean Air Zone 2 on PM 10 concentrations in Kaiapoi Clean Air Zone 1 does not increase, and is reduced over time. Explanation and principal reasons Objective AQL5(a) defines the ambient air quality PM 10 concentrations to be achieved in Kaiapoi by 31 August Objective AQL5(b) details the level of reduction necessary to achieve the ambient air quality PM 10 concentration, and in order to meet this, the changes in PM 10 emissions required from different sources. PM 10 ambient air quality in Kaiapoi is currently poor. Monitoring shows that this poor air quality generally occurs in winter under calm weather conditions when inversion layers form. These excessive concentrations of PM 10 are associated with numerous health problems ranging from minor irritation of eyes and nose to exacerbating existing respiratory and cardiac problems among small October 2009/June 2011 Chapter 3 Air Quality Page 3-65

79 children and the elderly. The benefits of reduced concentrations of PM 10 include; reduced numbers of premature deaths, reduced hospitalisation, reduced restricted activity days, reduced lost work days, reduction in medication use and reduced nuisance effects associated with smell, smoke and materials soiling. Objective AQL5(a) is the same as the PM 10 ambient air quality standard specified in the Resource Management (National Environmental Standards Relating To Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004 (NESAQ). In September 2005, because of poor PM 10 ambient air quality, the Kaiapoi airshed was gazetted in accordance with Regulation 3 of the NESAQ. Under the terms of the NESAQ, failure to achieve the national environmental standard for PM 10 after 31 August 2013 means that no resource consent for the discharge of PM 10 that would adversely affect that airshed can be granted (Regulation 19). A holder of an existing resource consent allowing the discharge of PM 10 that requires replacement after 31 August 2013 would not be able to obtain a replacement consent. Further, it means a person would not be able to establish an activity within the Kaiapoi airshed, or an activity that contributes PM 10 contaminant to the Kaiapoi airshed, if that activity requires resource consent to be obtained for the discharge of PM 10. At the time of public notification, monitoring from the year 2006 recorded the worst PM 10 ambient air quality concentrations on record, both in terms of the extent that 24-hour concentrations exceeded 50 µg/m³ and the total number of days on which the 24-hour average of 50 µg/m³ was exceeded. Objective AQL5(a) must be met under the worst case meteorological and emission conditions. Accordingly, the 2006 monitoring results are used as the basis for calculating the reductions required. The second-highest 24-hour average concentration from 2006 is used as the management value in order to recognise the provision for one permissible annual exceedence. For Kaiapoi the second highest 24-hour average concentration from 2006 must be reduced by 68% in order to meet the Objective AQL5(a). To achieve this reduction in PM 10 concentrations, the same percentage reduction of PM 10 emissions is required (68%). PM 10 emissions forecasts for Kaiapoi indicate that without significant intervention, PM 10 emissions will not reduce by 68% by 31 August Together, domestic home heating (94%) and the industrial/commercial sector (2%) account for 96% of total PM 10 emissions. Domestic home heating is the dominant source of PM 10 emissions. Achieving the necessary emission reductions relies upon: (a) Domestic home heating (small scale solid fuel burning devices) reducing emissions by approximately three quarters. (b) The industrial/commercial sector (large scale fuel burning devices and other forms of PM 10 emissions) not increasing. (c) No contribution to PM 10 concentrations from other non-transport anthropogenic sources from within Kaiapoi Clean Air Zone 1. The most likely source is from outdoor burning. (d) No increase, and over time a decrease, in emissions from sources located within Kaiapoi Clean Air Zone 2 that have the potential to negate any reductions gained from within Kaiapoi Clean Air Zone 1 itself. The objective does not address emissions from the transport sector - emissions from this sector are a matter that cannot be effectively controlled through this regional plan. The emission contribution from motor vehicles is minimal. Total emissions from this sector are predicted to decrease as fuel quality increases and more efficient vehicles enter the vehicle fleet. There are a number of uncertainties associated with the achievement of Objective AQL5. These include: (a) The 1:1 relationship between PM 10 concentrations and emissions. This relationship may be affected by the time of day, location and characteristics of individual emission sources. (b) The contribution from environmental (non-anthropogenic) sources. These sources include seasalt and dust. It is assumed that these sources will be limited to 4 µg/m 3 of ambient PM 10. Page 3-66 Chapter 3 Air Quality October 2009/June 2011

80 (c) The contribution to ambient PM 10 from anthropogenic sources other than domestic home heating, industrial/commercial and transport sectors. Other potential sources include outdoor burning. It is assumed that there will be no contribution. (d) The emissions from domestic home heating, industrial/commercial and transport sources in the year These are forecast under a business as usual scenario. (e) The absolute and relative emissions from domestic home heating sources, which are based on estimates of the: (i) typical emission performance from different types of small scale solid fuel burning devices; (ii) fuel use; (iii) method of operation. These are assessed as part of the forecasts made. (a) The future choices made by individuals and organisations when replacing existing solid-fuel burners. It is assumed that the future choices will be similar to the current choices being made. (b) The effectiveness of rules in NRRP Chapter 3 in achieving the replacement, or upgrading of, small and large scale fuel burning devices. It is assumed that there will be 100% compliance with the relevant rules. In introducing the measures to achieve Objective AQL5, it is necessary to ensure that these do not: (a) Result in a failure to achieve Objective AQL2 in relation to pollutants other than PM 10. (b) Prejudice the ability for the airshed in the long-term to meet the PM 10 Regional Ambient Air Quality Target set out in Objective AQL2. Environment Canterbury will monitor changes in PM 10 concentrations in this airshed. If monitoring indicates that the Objective AQL5 will not be met by 2013, Environment Canterbury will initiate further measures. Policy AQL30 Avoid discharges from open fires in Kaiapoi Clean Air Zones 1 and 2 Except as provided for by Policies AQL33, AQL34 and AQL35, avoid the discharge of PM 10 from open fires: (a) in Kaiapoi Clean Air Zone 1, that exist as of 1 January 2008 from the earliest of the following dates: (i) 1 May 2010; or (ii) the date upon which there is a registered transfer of ownership of the site on which the open fire is located; and (b) in Kaiapoi Clean Air Zones 1 and 2, that did not exist as of 1 January Explanation and principal reasons Domestic home heating accounts for the significant proportion of PM 10 emissions within the Kaiapoi airshed. Of all the different domestic home heating small scale solid fuel burning devices, open fires produce a relatively high level of PM 10 emissions per appliance. This is because open fires have low combustion efficiency and are an inefficient form of space heating. As of 2006 within Kaiapoi Clean Air Zone 1 there were a significant number of open fires in use. While this number is reducing, without further intervention a significant proportion of these open fires will remain in use in In order to achieve Objective AQL5, except as provided for in Policies AQL33, AQL34 and AQL35, emissions from open fires must cease and emissions from new open fires avoided. October 2009/June 2011 Chapter 3 Air Quality Page 3-67

81 Where open fires exist, sufficient time is provided to enable households to change from this form of home heating, while also ensuring that Objective AQL5 will be met. In order to achieve this, emissions from open fires must cease by 1st May 2010, or time of property sale, whichever is the earliest. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing open fire. In both Kaiapoi Clean Air Zones 1 and 2 new discharges from open fires are to be avoided. Within Clean Air Zone 1, this is a component of reducing overall emissions from small scale solid fuel burning appliances. Within Clean Air Zone 2, this will ensure that new emissions from open fires in this zone do not increase PM 10 concentrations in Clean Air Zone 1. Policy AQL31 Emissions from enclosed burners in Kaiapoi Clean Air Zone 1 In Kaiapoi Clean Air Zone 1, reduce PM 10 discharges from enclosed burners by: (a) except as provided for by Policies AQL33, AQL34 and AQL35, avoid discharges from enclosed burners installed before 1 January 2001, that do not meet Policy AQL11, from the earliest of the following dates: (i) 1 May 2010; or (ii) the date upon which there is a registered transfer of ownership of the site on which the small scale solid fuel burners is located; (b) except as provided for by Policies AQL33, AQL34 and AQL35, avoid discharges from enclosed burners, installed after 1 January 2001 but before 1 June 2002, that do not meet Policy AQL11, from the earliest of the following dates: (i) 31 August 2013; or (ii) the date upon which there is a registered transfer of ownership of the site on which the small scale solid fuel burner is located; (c) avoid discharges from new enclosed burners, other than pellet fires, in all situations where: (i) a small scale solid fuel burning device did not exist as of 1 January 2008; or (ii) at the time of installation, an existing small scale solid fuel burning device is not being replaced by the new enclosed burner; and (d) encourage people to replace small scale solid fuel burning devices with non-solid fuel burning heating appliances and pellet fires. Explanation and principal reasons Prior to June 2002, a variety of enclosed burners were installed in Kaiapoi. Each type of enclosed burner results in a different level of PM 10 emissions generally the older the enclosed burner the greater the emissions that result from its use. In order to achieve Objective AQL5, PM 10 emissions from these older burners must be avoided. These older enclosed burners are the most common form of small scale solid fuel burning devices in the Kaiapoi Clean Air Zone 1. Collectively, they result in the largest proportion of PM 10 emissions from domestic home heating. While the number of older enclosed burners is reducing, without further intervention a significant proportion will remain in use in Policy AQL31 specifically recognises the different age and emission performance of the older enclosed burners, together with households investment associated with these. Reflecting this: (a) Where enclosed burners were installed before 1 January 2001, emissions must cease by 1st May 2010, or time of property sale, whichever is the earliest. Page 3-68 Chapter 3 Air Quality October 2009/June 2011

82 (b) Where enclosed burners were installed between 1st January 2001 and 1st June 2002, emissions must cease by 31st August 2013, or time of property sale, whichever is the earliest. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing enclosed burner that does not meet Policy AQL11. Households with existing small scale solid fuel burning devices, may replace with clean air approved burners as a permitted activity (under Policy AQL11, implemented by Rule AQL2). Environment Canterbury maintains a list of authorised heating appliances and these can be viewed on their web site. However, if enclosed burners are installed and used where small scale solid fuel burners do not currently exist, or if a significant proportion of the older enclosed burners are replaced by enclosed burners complying with Policy AQL11, Objective AQL5 will not be met. Therefore, at the time of change it is necessary to influence the choice of home heating installed, while providing for a range of home heating alternatives. Policy AQL31 addresses this by: (a) Avoiding solid fuel enclosed burners in situations in which they do not exist, with the exception of pellet fires. (b) Encouraging people to replace existing enclosed burners with non-solid fuel home heating appliances and pellet fires. Pellet fires provide a least PM 10 emission solid fuel option for people. They result in a significantly lower real-life PM 10 emissions per appliance than some other forms of enclosed burners meeting Policy AQL11. This is because the operation of pellet fires is highly automated, allowing little opportunity for operator behaviour to detrimentally affect PM 10 emission performance. Policy AQL32 Replacement of small scale solid fuel burning devices in Kaiapoi Clean Air Zone 1 In the Kaiapoi Clean Air Zone 1, avoid the discharge of contaminants into air from small scale solid fuel burning devices where the discharge occurs 15 years after the date of installation, except where the emission performance of the device continues to meet the standards in Policy AQL11. Explanation and principal reasons Policy AQL32 seeks to ensure that small scale solid fuel burning devices permitted under Policy AQL11 and Rule AQL2, continue to comply with those standards after 15 years of use. After 15 years, a household with an existing small scale solid fuel burning device, may replace with a new clean air approved device as a permitted activity (under Policy AQL11 and Rule AQL2), or may apply for resource consent to continue to discharge from their existing device (under Rule AQL88). Studies undertaken indicate that the average life of an enclosed burner is between 12 and 20 years. Over the course of its life, the emissions performance of a burner can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of failing to achieve the outcomes sought in Objective AQL5 (and the standards of the NESAQ). Provision is made for continued PM 10 emissions from these burners, if after 15 years of installation, it can be demonstrated that the burner continues to operate as well, or better, than it did when first installed. This will need to be assessed on a case-by-case basis. This policy is also intended to cover open fires or older enclosed burners which have been retrofitted with pollution control technology, or other small scale solid fuel burning devices which have been approved under Policy AQL11 and Rule AQL2. In the absence of information on the longevity of such devices, a permitted discharge period of 15 years after installation of the pollution control equipment is consistent with the requirements for enclosed burners and is therefore considered appropriate. October 2009/June 2011 Chapter 3 Air Quality Page 3-69

83 Policy AQL33 Best practicable technology for small scale solid fuel burning devices in Kaiapoi Clean Air Zone 1 In the Kaiapoi Clean Air Zone 1, allow discharges from small scale solid fuel burning devices if: (a) a small scale solid fuel burning device is not being replaced as specified in Policy AQL31(c)(i) and (ii), the performance of the new small scale solid fuel burning devices achieve the standards set out in Policy AQL11 when operated under a range of conditions representative of the real-life operation of the device; (b) a small scale solid fuel burning device is being replaced, the performance of the new small scale solid fuel burning devices are the same or better than devices achieving the standards set out in Policy AQL11. Explanation and principal reasons At this time small scale solid fuel burning devices meeting Policy AQL11 are considered to be, when viewed from a PM 10 emissions perspective, the best practicable option for solid fuel home heating. However, in the future alternative forms of small scale solid fuel burning devices, or existing small scale fuel burning devices fitted with special emission control technology, may become commercially available. These may perform better from an emissions per appliance perspective than small scale solid fuel burning devices meeting Policy AQL11. Policy AQL33 provides specific guidance on how this change in technology is to be provided for. A stricter emissions control approach is to be applied to small scale solid fuel burning devices where these are to locate in new situations. This reflects the limitations set out in Policy AQL31(c), and the need to ensure such emissions do not undermine the achievement of Objective AQL5. In recognition of the difference between tested laboratory emissions and real life emissions, the stricter approach requires consideration of the real-life emissions of the small scale solid fuel burning device under consideration. Where a small scale solid fuel burning device is being replaced, provided the tested laboratory emission performance of the replacement device is the same or better than a small scale solid fuel burning device meeting Policy AQL11, the emissions are to be allowed on the same basis as the device meeting Policy AQL11. Policy AQL34 Small scale solid fuel burning device exemptions in Kaiapoi Clean Air Zone 1 In the Kaiapoi Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device that is located in a heritage building meeting all of the following criteria: (a) located in a building that is listed as a heritage building in Appendix 28.1 of the Waimakariri District Plan; and (b) the device and chimney are original features of the building. Explanation and principal reasons Policy AQL34 provides exemptions for discharges from small scale solid fuel burning appliances which do not meet Policy AQL11 that are located in buildings of historic value. It is recognised that the installation and use of heating alternatives may affect the existing heritage value of a building. Where these alternatives can be installed without compromising the heritage value, it is preferable that the older device is replaced with a suitable alternative device. Nevertheless, the overall judgement of Environment Canterbury is that retaining the authentic appearance in recognised historic buildings in Kaiapoi should be provided for. This will allow people to observe the buildings in a manner that is befitting of the authenticity of the building. Policy AQL34 sets the criteria Page 3-70 Chapter 3 Air Quality October 2009/June 2011

84 by which these discharges to air from open fires, pot bellies, coal ranges or other similar historic fuel burning devices are allowed. The heritage buildings are identified using Appendix 28.1 of the Waimakariri District Plan and are as set out in Schedule AQL4. Policy AQL34A Facilitate mechanisms for clean heating and improved insulation in Kaiapoi Clean Air Zone 1 Policy AQL34A Facilitate mechanisms for clean heating and improved insulation in the Kaiapoi Clean Air Zone 1 In the Kaiapoi Clean Air Zone 1, facilitate mechanisms so that clean heating and improved insulation are available to all households, particularly low income households, in order to mitigate the adverse financial, social and health effects from the implementation of Policies AQL30 and AQL31. Explanations and principal reasons: There is an underlying concern that the existing problem of poor and inadequate heating of some households in Kaiapoi would be aggravated by the imposition of the rules relating to this town. When open fires and older style enclosed burners are phased out, some households will not find it easy to meet the costs of replacements. It is considered that assistance to those who face difficulties meeting the cost of changing appliances is inextricably linked to the implementation of measures to eliminate emissions from open fires and older style small scale fuel burning devices. Policy AQL35 Emergencies in Kaiapoi Clean Air Zone 1 In the Kaiapoi Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device for the duration of cessation of electricity supply as a result of an electricity network disruption: (a) when the cessation of supply has been notified in advance and will extend for a period greater than 3 hours; or (b) when the length of the cessation of supply is unknown at the time that the supply is terminated. Explanation and principal reasons Policy AQL35 provides for the discharge to air from small scale solid fuel burning devices not provided for in NRRP Chapter 3 when electricity supply is disrupted and this disruption cannot be planned for. The policy recognises the need to heat homes in the cases of emergency. It is not intended to allow exemptions where intentional electricity disconnection occurred. Rule AQL6A allows this discharge as a permitted activity by small scale fuel burning devices, which includes open fires when the electricity network is disrupted. Policy AQL36 Emissions from large scale fuel burning devices in Kaiapoi Clean Air Zones 1 and 2 Allow the discharges of PM 10 from large scale fuel burning devices in the Kaiapoi Clean Air Zones 1 and 2, provided that: (a) the discharge does not result in Objective AQL5(b)(ii) not being met; and (b) the best practicable option to minimise PM 10 emissions is adopted: (i) within Kaiapoi Clean Air Zone 1, for existing and new large scale fuel burning October 2009/June 2011 Chapter 3 Air Quality Page 3-71

85 devices; and (ii) within Kaiapoi Clean Air Zone 2, for new large scale fuel burning devices; Except that (a) and (b) do not have to be met, if any of the following are met: (c) the person discharging has offset those emissions by reducing emissions from other sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (d) the emissions will not contribute to the ambient PM 10 concentrations in Kaiapoi Clean Air Zone 1 during the time when Objective AQL5 may not be met. Explanation and principal reasons The contribution of emissions from large scale fuel burning devices to PM 10 ambient air quality concentrations in Kaiapoi Clean Air Zone 1 is considerably lower than the domestic home heating sector. However, it is important that overall emissions from large scale fuel burning devices do not increase compromising the gains achieved by reducing emissions from the domestic sector. Policy AQL36 provides for the overall emissions within Kaiapoi Clean Air Zone 1 from large scale fuel burning devices to remain at 2006 levels, unless any increase in emissions: (a) Is offset by reductions from other emission sources. (b) Does not contribute to the ambient PM 10 concentrations in Kaiapoi Clean Air Zone 1 during the time when Objective AQL5 may not be met. Any emission offset must be a real offset. It must be clearly distinct and distinguishable from any reductions expected to otherwise be achieved through the implementation of the Regional Plan. If this is not the case, the offset may undermine the achievement of Objective AQL5. The policy also recognises that emissions from large scale fuel burning devices can be reduced by ensuring that best practicable options are being adopted. Best practicable options may include; more stringent operating standards, improved levels of cleaning and maintenance, improvements in efficiency of fuel use; changes in fuel type or quality, and the use of different pollution control technology. The effect of this is to provide for an increase in the number and/or size of large scale fuel burning devices within the Clean Air Zones, without creating an overall increase in emissions. There is a different approach to managing existing large scale fuel burning devices located in Kaiapoi Clean Air Zone 1 and those located in Kaiapoi Clean Air Zone 2. This is a reflection of the influence emissions in these different locations have on PM 10 concentrations in Kaiapoi Clean Air Zone 1. It is only when a new large scale fuel burning device is being installed in Kaiapoi Clean Air Zone 2 that best practicable option PM 10 reduction measures need to be considered. Policy AQL37 Restrict discharges to air from outdoor burning in the Kaiapoi Clean Air Zones 1 and 2 In the Kaiapoi Clean Air Zones 1 and 2 avoid the discharge to air of contaminants associated with any outdoor burning where such discharges occur between May and August inclusive, except where such discharges occur from the burning of vegetative material in the following circumstances: (a) where it is impracticable to remove vegetative material because of unsuitable access, and such vegetative material will result in a fire risk if not removed or will damage structures if not removed; or (b) where the financial implications of the alternatives to burning vegetative material are prohibitive; or (c) when summer fire risk restrictions prevent burning vegetative material during March and April; and Page 3-72 Chapter 3 Air Quality October 2009/June 2011

86 (d) where the outdoor burning can be undertaken so as not to contribute to the ambient PM 10 concentrations in Kaiapoi Clean Air Zone 1 during the time when Objective AQL5 may not be met. Explanation and principal reasons Outdoor burning in Kaiapoi Clean Air Zones 1 and 2 has the potential to significantly elevate PM 10 concentrations in Kaiapoi Clean Air Zone 1. The adverse effects of outdoor burning on PM 10 concentrations that would result in Objective AQL5 not being achieved are to be avoided, particularly where other practicable and cost efficient waste disposal methods exist. It is recognised that occasionally, during the winter months, the burning of vegetative material such as hedge trimmings, prunings and shelter belts are necessary activities for rural areas. As such, some provision should be made for burning to occur. However, this should only be undertaken as a permitted activity within Clean Air Zone 2 and tightly controlled as set out in the conditions to Rule AQL86A to reduce the risk of PM 10 emissions contributing to ambient PM 10 concentrations in Clean Air Zone 1. Methods to Implement Policy AQL30 to AQL37 The methods used or to be used to implement Policies AQL30 to AQL37 are set out below. Method AQL30(a) Investigation Environment Canterbury will continue to undertake monitoring and investigations into the extent of wintertime air pollution in Kaiapoi. This process will involve the following steps: (i) ongoing ambient air quality and meteorological monitoring; (ii) preparation of an emissions inventory, which identifies key sources and how they change over space and time; (iii) atmospheric dispersion modelling studies and exposure assessments to determine the spatial extent and frequency of areas where pollution levels exceed target values and their impacts; (iv) analysis of current trends and projection for future trends in emissions; (v) analysis of the options for improving air quality and their cost effectiveness; and (vi) determining community views on the options for improving ambient air quality. Method AQL30(b) Information and promotion Environment Canterbury will produce and disseminate information and educational material, and coordinate as appropriate with territorial authorities and other agencies, to: (i) advise of the requirements of the regional rules within NRRP Chapter 3 (ii) advise of the availability of a clean air and energy efficiency financial assistance programme (iii) improve energy efficiency of combustion processes of fuel burning devices (iv) encourage the use of alternative clean technology in home heating (v) promote energy efficiency (including the benefits of insulation) (vi) promote and support research into, and the development of, cleaner burning small scale solid fuel burner technology (vii) promote the use of facilities to dispose of wastes that shall no longer be burned (viii) promote waste minimisation, including reduction, recycling and reuse of household waste and composting of garden wastes (ix) promote the prior notification of neighbours of the occurrence of outdoor burning. October 2009/June 2011 Chapter 3 Air Quality Page 3-73

87 Method AQL30(c) Financial assistance Environment Canterbury will consider implementing a clean air and energy efficiency financial assistance programme to provide targeted support of lower income households to enable them to replace open fires and enclosed burners by: (i) subsidising the costs of replacing open fires and enclosed burners; and (ii) subsidising the costs of home energy efficiency improvements. Method AQL30(d) Development of funding and delivery partnerships Environment Canterbury will, in conjunction with Waimakariri District Council, develop and maintain relationships with central government, businesses and agencies that can assist in the provision, including funding, and delivery, of a financial assistance programme. Method AQL30(e) Regional rules Environment Canterbury will apply regional rules in Section 3.3 of NRRP Chapter 3. Method AQL30(f) Resource consents Resource consents may be granted for activities which discharge contaminants into air from fuelburning devices. These may involve discharges into air. Environment Canterbury will apply Policies AQL30 to AQL37, as relevant, when considering such applications. Method AQL30(g) Review of resource consents Regional Rules AQL93, AQL94 and AQL95 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. Method AQL30(h) Compliance and enforcement Environment Canterbury will monitor the exercise of resource consents within Kaiapoi and take appropriate action where this is shown to be necessary. Environment Canterbury may apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA. Method AQL30(i) Variation or plan change Environment Canterbury will, on an ongoing basis, consider the appropriate enclosed burner standard, together with the appropriate testing methodology, that best implement Policy AQL33. If technological advancements result in a new standard and/or testing methodology better implementing Policy AQL33 than current rules in the regional plan, it will consider changing these rules to reflect this new standard and/or testing methodology. Method AQL30(j) Waimakariri District Council Environment Canterbury will collaborate with Waimakariri District Council to: (i) prepare and implement bylaws under the Local Government Act 2002 to control: (1) nuisance from smoke; (2) gross point sources of PM 10 pollution; (ii) collect and share information gathered as a result of functions and duties in the Building Act 2002, Resource Management Act 1991 and Health Act 1956; and (iii) make information available to the public about the availability of financial assistance. Page 3-74 Chapter 3 Air Quality October 2009/June 2011

88 Objective AQL6 Objective for PM 10 ambient air quality in the Ashburton Clean Air Zones 1 and 2 (a) In the Ashburton Clean Air Zone 1, improve ambient air quality so that, on and after 31 August 2013, the concentration of PM 10 is 50 µg/m 3 (24-hour average) or less, with no more than one annual exceedence. (b) By 31 August 2013, achieve an overall 43% reduction in concentrations of PM 10 in the Ashburton Clean Air Zone 1 by: (i) ensuring outdoor burning practices do not contribute any PM 10 during the time when Objective AQL6 may not be met; and (ii) providing for a maximum overall increase in emissions of 20% from 2006, from discharge sources other than specified in Objective AQL6(b)(i) and (iii), unless any emissions of PM 10 over and above the 20% will not contribute to breaching Objective AQL6(a); and (iii) reducing the emissions from small scale solid fuel burning devices by the amount that is sufficient to achieve the overall reduction target; and (iv) ensuring that the influence of PM 10 emissions from the Ashburton Clean Air Zone 2 on PM 10 concentrations in the Ashburton Clean Air Zone 1 does not increase, and is reduced over time. Explanation and principal reasons Objective AQL6(a) defines the ambient air quality PM 10 concentrations to be achieved in Ashburton by 31 August Objective AQL6(b) details the level of reduction necessary to achieve the ambient air quality PM 10 concentration, and in order to meet this, the changes in PM 10 emissions required from different sources. PM 10 ambient air quality in Ashburton is currently poor. Monitoring shows that this poor air quality generally occurs in winter (from May to September) under calm weather conditions when inversion layers form. These excessive concentrations of PM 10 are associated with numerous health problems ranging from minor irritation of eyes and nose to exacerbating existing respiratory and cardiac problems among small children and the elderly. The benefits of reduced concentrations of PM 10 include reduced numbers of premature deaths, reduced hospitalisation, reduced restricted activity days, reduced lost work days, reduction in medication use and reduced nuisance effects associated with smell, smoke and materials soiling. Objective AQL6(a) is the same as the PM 10 ambient air quality standard specified in the Resource Management (National Environmental Standards Relating To Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004 (NESAQ). In September 2005, because of poor PM 10 ambient air quality, the Ashburton airshed was gazetted in accordance with Regulation 3 of the NESAQ. Under the terms of the NESAQ, failure to achieve the national environmental standard for PM 10 after 31 August 2013 means that no resource consent for the discharge of PM 10 that would adversely affect that airshed can be granted (Regulation 19). A holder of an existing resource consent allowing the discharge of PM 10 that requires replacement after 31 August 2013 would not be able to obtain a replacement consent. Further, it means a person would not be able to establish an activity within the Ashburton airshed, or an activity that contributes PM 10 contaminant to the Ashburton airshed, if that activity requires resource consent to be obtained for the discharge of PM 10. Objective AQL6(a) must be met under the worst case meteorological and emission conditions. At the time of public notification, the monitoring from the year 2006 recorded the worst PM 10 ambient air quality concentrations on record, both in terms of the extent that 24-hour concentrations exceeded 50 µg/m³ and the total number of days on which the 24-hour average of 50 µg/m³ was exceeded. However, this was the result of a set of unique and unusual circumstances. Accordingly, for the purposes of Objective AQL6, it has been discounted. The next worst year on record was As such, the 2000 monitoring results are used as the basis for calculating the reductions required. The October 2009/June 2011 Chapter 3 Air Quality Page 3-75

89 second-highest 24-hour average concentration measured in 2000 is used as the management value in order to recognise the provision for one permissible annual exceedence. For Ashburton, the second highest 24-hour average concentration from 2000 must be reduced by 43% in order to meet the Objective AQL6(a). To achieve this reduction in PM 10 concentrations, the same percentage reduction of PM 10 emissions is required (43%). PM 10 emissions forecasts for Ashburton indicate that without significant intervention, PM 10 emissions will not be reduced by 43% by 31 August Together, domestic home heating (87%) and the industrial/commercial sector (9%) account for 96% of total PM 10 emissions. Domestic home heating is the dominant source of PM 10 emissions. Achieving the necessary emission reductions relies upon: (a) Domestic home heating (small scale solid fuel burning devices) reducing emissions by approximately two thirds from 2006 emissions. (b) Other discharge sources, including the industrial/commercial sector (large scale fuel burning devices and other forms of PM 10 emissions), increasing by up to 20% from 2006 emissions. (c) No contribution to PM 10 concentrations from other non-transport anthropogenic sources from within the Ashburton Clean Air Zone 1. The most likely source is from outdoor burning. (d) No increase, and over time a decrease, in emissions from sources located within the Ashburton Clean Air Zone 2 that have the potential to negate any reductions gained from within the Ashburton Clean Air Zone 1 itself. Objective AQL6(b)(ii) is designed to primarily cover large scale fuel burning devices and other industrial and trade emissions. Objective AQL6(b)(ii) specifically anticipates that it is possible that discharge of PM 10 from sources such as large scale fuel burning devices may be able to be managed so that they do not result in the breaching of Objective AQL6(a). The circumstances under which this could occur are set out under Policies AQL44 and AQL45. The objective does not address emissions from the transport sector - emissions from this sector are a matter that cannot be effectively controlled through this regional plan. The emission contribution from motor vehicles is minimal. Total emissions from this sector are predicted to decrease as fuel quality increases and more efficient vehicles enter the vehicle fleet. There are a number of uncertainties associated with the achievement of Objective AQL6. These include: (a) The assumed 1:1 relationship between PM 10 concentrations and emissions. This relationship may be affected by the time of day, location and characteristics of individual emission sources. (b) The contribution from environmental (non-anthropogenic) sources. These sources include seasalt and dust. It is assumed that these sources will be limited to 4 µg/m 3 of ambient PM 10. (c) The contribution to ambient PM 10 from anthropogenic sources other than domestic home heating, industrial/commercial and transport sectors. Other potential sources include outdoor burning. It is assumed that there will be no contribution. (d) The emissions from domestic home heating, industrial/commercial and transport sources in the year These are forecast under a business as usual scenario. (e) The absolute and relative emissions from domestic home heating sources, which are based on estimates of the: (i) typical emission performance from different types of small scale solid fuel burning devices; (ii) fuel use; and (iii) method of operation. These are assessed as part of the forecasts made. (a) The future choices made by individuals and organisations when replacing existing solid fuel burners. It is assumed that the future choices will be similar to the current choices being made. Page 3-76 Chapter 3 Air Quality October 2009/June 2011

90 (b) The effectiveness of rules in NRRP Chapter 3 in achieving the replacement, or upgrading of, small and large scale fuel burning devices. It is assumed that there will be 100% compliance with the relevant rules. In introducing the measures to achieve Objective AQL6, it is necessary to ensure that these do not: (a) Result in a failure to achieve Objective AQL2 in relation to pollutants other than PM 10. (b) Prejudice the ability for the airshed in the long-term to meet the PM 10 Regional Ambient Air Quality Target set out in Objective AQL2. Environment Canterbury will monitor changes in PM 10 concentrations in this airshed. If monitoring indicates that Objective AQL6 will not be met by 2013, Environment Canterbury will initiate further measures. Policy AQL38 Avoid discharges from open fires in the Ashburton Clean Air Zones 1 and 2 Except as provided for by Policies AQL41, AQL42 and AQL44, avoid the discharge of PM 10 from open fires that do not meet Policy AQL11: (a) in the Ashburton Clean Air Zone 1, that exist as of 16th August 2008, from the earliest of the following dates: (i) 1 May 2011; or (ii) the date upon which there is a registered transfer of ownership of the site on which the open fire is located; and (b) in the Ashburton Clean Air Zones 1 and 2, that did not exist as of 16th August Explanation and principal reasons Domestic home heating accounts for a significant proportion of PM 10 emissions within the Ashburton airshed. Of all the different domestic home heating appliances, small scale solid fuel burning devices and open fires produce a relatively high level of PM 10 emissions per appliance. This is because open fires have low combustion efficiency and are an inefficient form of space heating. As of 2006, within the Ashburton Clean Air Zone 1, there were a significant number of open fires in use. While this number is reducing, without further intervention, a significant proportion of these open fires will remain in use in In order to achieve Objective AQL6, except as provided for in Policies AQL41, AQL42 and AQL44, emissions from open fires must cease and emissions from new open fires be avoided. Where open fires exist, sufficient time is provided to enable households to change from this form of home heating, while also ensuring that Objective AQL6 will be met. In order to achieve this, emissions from open fires must cease by 1st May 2011, or at the time of property sale, whichever is the earliest. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing open fire. For the purposes of these provisions, transfer of ownership does not include: (a) a transaction in which a person who was a registered proprietor of the land at 16th August 2008, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or (b) a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or (c) a transaction for which a legal contract was entered into before this rule was publicly notified. In both Ashburton Clean Air Zones 1 and 2, new discharges from open fires are to be avoided. Within Clean Air Zone 1, this is a component of reducing overall emissions from small scale solid fuel October 2009/June 2011 Chapter 3 Air Quality Page 3-77

91 burning appliances. Within Clean Air Zone 2, this will ensure that new emissions from open fires in this zone do not increase PM 10 concentrations in Clean Air Zone 1. Policy AQL39 Emissions from enclosed burners in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1, reduce PM 10 discharges from enclosed burners by: (a) except as provided for by Policies AQL41, AQL42 and AQL44, avoid discharges from enclosed burners installed before 1 January 2001, that do not meet Policy AQL11, from the earliest of the following dates: (i) 1 May 2011; or (ii) the date upon which there is a registered transfer of ownership of the site on which the enclosed burner is located; (b) except as provided for by Policies AQL41, AQL42 and AQL44, avoid discharges from enclosed burners, installed after 1 January 2001 but before 1 June 2002, that do not meet Policy AQL11, where the discharge occurs 15 years after the date of installation; and (c) encourage people to replace small scale solid fuel burning devices with non-solid fuel burning heating appliances and pellet fires. Explanation and principal reasons Prior to June 2002, a variety of enclosed burners were installed in Ashburton. Each type of enclosed burner results in a different level of PM 10 emissions generally the older the enclosed burner the greater the emissions that result from its use. In order to achieve Objective AQL6, PM 10 emissions from these older burners must be avoided. These older enclosed burners are the most common form of small scale solid fuel burning devices in the Ashburton Clean Air Zone 1. Collectively, they result in the largest proportion of PM 10 emissions from domestic home heating. While the number of older enclosed burners is reducing, without further intervention, a significant proportion will remain in use in Policy AQL39 specifically recognises the different age and emission performance of the older enclosed burners, whilst at the same time, acknowledging the investments in appliances made by households. Reflecting this: (a) Where enclosed burners were installed before 1 January 2001, emissions must cease by 1st May 2011, or at the time of property sale, whichever is the earliest. (b) Where enclosed burners that do not meet Policy AQL11 were installed between 1st January 2001 and 1st June 2002, emissions must cease 15 years after the date of installation. For the purposes of these provisions, 15 years after the date of installation will be calculated as 15 years from the date of issue of the relevant code compliance certificate under the Building Act, or, if no code compliance certificate has been issued, 15 years from the date of issue of the necessary building consent. The time of property sale provision recognises the significance of selling and purchasing property. It ensures the new owner has no expectation that there is the ability to use an existing enclosed burner that does not meet Policy AQL11. For the purposes of these provisions, transfer of ownership does not include: (a) a transaction in which a person who was a registered proprietor of the land at 16th August 2008, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or (b) a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or (c) a transaction for which a legal contract was entered into before this rule was publicly notified. Page 3-78 Chapter 3 Air Quality October 2009/June 2011

92 In addition, if a large number of enclosed burners are installed and used where small scale solid fuel burners do not currently exist, or if a significant proportion of the older enclosed burners are replaced by enclosed burners complying with Policy AQL11, Objective AQL6 will not be met. Therefore, at the time of change, it is necessary to influence the choice of home heating installed, while providing for a range of home heating alternatives. Policy AQL39 addresses this by encouraging people to replace existing enclosed burners with non-solid fuel home heating appliances and pellet fires. Pellet fires provide a least PM 10 emission solid fuel option for people. They result in significantly lower real-life PM 10 emissions per appliance than some other forms of enclosed burners meeting Policy AQL11. This is because the operation of pellet fires is highly automated, allowing little opportunity for operator behaviour to detrimentally affect PM 10 emission performance. Policy AQL40 Replacement of small scale solid fuel burning devices in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1, avoid the discharge of contaminants into air from small scale solid fuel burning devices where the discharge occurs 15 years after the date of installation, except where the emission performance of the device continues to meet the standards in Policy AQL11. Explanation and principal reasons Policy AQL40 seeks to ensure that small scale solid fuel burning devices permitted under Policy AQL11 and Rule AQL2 continue to comply with those standards after 15 years of use. Studies undertaken indicate that the average life of an enclosed burner is between 12 and 20 years. Over the course of its life, the emissions performance of a burner can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of breaching Objective AQL6 (and the NESAQ). Provision is made for continued PM 10 emissions from these burners, if after 15 years of installation, it can be demonstrated that the burner continues to operate as well, or better than it did when first installed. This will need to be assessed on a case-by-case basis. For the purposes of these provisions, 15 years after the date of installation will be calculated as 15 years from the date of issue of the relevant code compliance certificate under the Building Act, or, if no code compliance certificate has been issued, 15 years from the date of issue of the necessary building consent. This policy is also intended to cover open fires or older enclosed burners which have been retro-fitted with pollution control technology, or other small scale solid fuel burning devices which have been approved under Policy AQL11 and Rule AQL2. In the absence of information on the longevity of such devices, a permitted discharge period of 15 years after installation of the pollution control equipment is consistent with the requirements for enclosed burners and is therefore considered appropriate. Policy AQL41 Best practicable technology for small scale solid fuel burning devices in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1, allow discharges from small scale solid fuel burning devices if the performance of the new small scale solid fuel burning devices are the same or better than devices achieving the standards set out in Policy AQL11. Explanation and principal reasons At this time small scale solid fuel burning devices meeting Policy AQL11 are considered to be, when viewed from a PM 10 emissions perspective, the best practicable option for solid fuel home heating. However, in the future, alternative forms of small scale solid fuel burning devices, or existing small scale fuel burning devices fitted with special emission control technology, may become commercially October 2009/June 2011 Chapter 3 Air Quality Page 3-79

93 available. These may perform better from an emissions per appliance perspective than small scale solid fuel burning devices meeting Policy AQL11. Policy AQL41 provides specific guidance on how this change in technology is to be provided for. Provided the tested laboratory emission performance of a small scale solid fuel burning device is the same or better than a small scale solid fuel burning device meeting Policy AQL11, the emissions are to be allowed on the same basis as the device meeting Policy AQL11. Policy AQL42 Small scale solid fuel burning device exemptions in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device that is located in a heritage building meeting all of the following criteria: (a) located in a building that is listed as a heritage building in Appendix A.3.1 Category A or B of the Ashburton District Plan; and (b) the device and chimney are original features of the building. Explanation and principal reasons Policy AQL42 provides exemptions for discharges from small scale solid fuel burning appliances which do not meet Policy AQL11 that are located in buildings of historic value. It is recognised that the installation and use of heating alternatives may affect the existing heritage value of a building. Where these alternatives can be installed without compromising the heritage value, it is preferable that the older device is replaced with a suitable alterative device. Nevertheless, the overall judgement of Environment Canterbury is that retaining the authentic appearance in recognised historic buildings in Ashburton should be provided for. This will allow people to observe the buildings in a manner that is befitting of the authenticity of the building. Policy AQL42 sets the criteria by which these discharges to air from open fires, pot bellies, coal ranges or other similar historic fuel burning devices are allowed. The heritage buildings are identified using Appendix A.3.1 Category A of the Ashburton District Plan and are as set out in Schedule AQL4. The Ashburton District Plan encourages the long-term conservation of the Category A heritage resources. Policy AQL43 Mitigate adverse financial, social and health effects of the implementation of the clean air policies in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1 mitigate the adverse financial social and health effects from the implementation of Policies AQL38 and AQL39 by facilitating mechanisms so that clean heating and improved insulation are available to all households particularly low income households. Explanation and principal reasons There is an underlying concern that the existing problem of poor and inadequate heating of some households in Ashburton would be aggravated by the imposition of the rules relating to this town. When open fires and older style enclosed burners are phased out, some households will not find it easy to meet the costs of replacements. It is considered that assistance to those who face difficulties meeting the cost of changing appliances is inextricably linked to the implementation of measures to eliminate emissions from open fires and older style small scale fuel burning devices. Page 3-80 Chapter 3 Air Quality October 2009/June 2011

94 Policy AQL44 Emergencies in the Ashburton Clean Air Zone 1 In the Ashburton Clean Air Zone 1, allow the discharge of PM 10 from any small scale solid fuel burning device resulting from the use of that device during the cessation of electricity supply as a result of an electricity network disruption: (a) when the cessation of supply has been notified in advance and will extend for a period greater than 3 hours; or (b) when the length of the cessation of supply is unknown at the time that the supply is terminated. Explanation and principal reasons Policy AQL44 provides for the discharge to air from small scale solid fuel burning devices not provided for in NRRP Chapter 3 when electricity supply is disrupted and this disruption cannot be planned for. The policy recognises the need to heat homes in the cases of emergency. It is not intended to allow exemptions where intentional electricity disconnection occurred. The policy intends that a small scale solid fuel burning device can be used during the period of the cessation of electricity. It recognises that following the electricity supply resuming, the discharge of PM 10 will continue until the fuel load of the device is fully combusted provided the emissions are as a result of fuel loaded into the device during the electricity outage. Rule AQL6A allows this discharge as a permitted activity by small scale fuel burning devices, which includes open fires when the electricity network is disrupted. Policy AQL45 Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone 1 Allow the discharges of PM 10 from large scale fuel burning devices in the Ashburton Clean Air Zone 1, provided that: (a) the discharge does not result in Objective AQL6(b)(ii) being breached; and (b) the best practicable option to minimise PM 10 emissions is adopted: except that (a) and (b) do not need to be met if any of the following are met: (c) the person discharging has offset those emissions by reducing emissions from other sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (d) the emissions will not contribute to the ambient PM 10 concentrations in the Ashburton Clean Air Zone 1 during the time when Objective AQL6 may be breached; or (e) the emissions have already been offset by reductions from the domestic sector that are greater than anticipated by Objective AQL6(b). Explanation and principal reasons The contribution of emissions from large scale fuel burning devices to PM 10 ambient air quality concentrations in the Ashburton Clean Air Zone 1 is considerably lower than the domestic home heating sector. However, it is important that overall emissions from large scale fuel burning devices do not increase such that they compromise the gains achieved by reducing emissions from the domestic sector. Policy AQL45 provides for the overall emissions within the Ashburton Clean Air Zone 1 from sources other than domestic solid fuel burning to increase by a maximum of 20% from 2006 levels, unless any further increase in emissions: October 2009/June 2011 Chapter 3 Air Quality Page 3-81

95 (a) Is offset by reductions from other emission sources beyond the reductions achieved through the implementation of NRRP Chapter 3. (b) Does not contribute to the ambient PM 10 concentrations in the Ashburton Clean Air Zone 1 during the time when Objective AQL6 may be breached. (c) Emission reductions have already occurred so that by 1 September 2013, there will be reductions in emissions from the domestic sector greater than anticipated by Objective AQL6(b). Any emission offset must be a real offset. It must be clearly distinct and distinguishable from any reductions expected to otherwise be achieved through the implementation of the Regional Plan. If this is not the case, the offset may undermine the achievement of Objective AQL6. The policy also recognises that emissions from large scale fuel burning devices can be reduced by ensuring that best practicable options are being adopted. Best practicable options may include more stringent operating standards, improved levels of cleaning and maintenance, improvements in efficiency of fuel use, changes in fuel type or quality, and the use of different pollution control technology. The effect of this is to provide for an increase in the number and/or size of large scale fuel burning devices within the Clean Air Zones, without creating an overall increase in emissions. Resource consents for discharges of PM 10 must be granted in accordance with Sections 17, 18 and 19 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations Policy AQL46 Emissions from large scale fuel burning devices in the Ashburton Clean Air Zone 2 (a) Allow the discharges of PM 10 from large scale fuel burning devices in the Ashburton Clean Air Zone 2 which existed on 16th August (b) Allow the discharges of PM 10 from replacement, upgraded, or new large scale fuel burning devices in the Ashburton Clean Air Zone 2, provided that: (i) the discharge does not result in the breaching of Objective AQL6(b)(iv); and (ii) the best practicable option to minimise PM 10 emissions is adopted except that (i) and (ii) do not have to be met, if any of the following are met: (iii) the person discharging has offset those emissions by reducing emissions from other sources, beyond the reductions achieved through the implementation of NRRP Chapter 3; or (iv) the emissions will not contribute to the ambient PM 10 concentrations in the Ashburton Clean Air Zone 1 during the time when Objective AQL6 may be breached. (v) the emissions have already been offset by reductions from the domestic sector that are greater than anticipated by Objective AQL6(b). Explanation and principal reasons There is a different approach to managing existing large scale fuel burning devices located in the Ashburton Clean Air Zone 1 and those located in the Ashburton Clean Air Zone 2. This is a reflection of the influence that emissions in these different locations have on PM 10 concentrations in the Ashburton Clean Air Zone 1. It is only when a new consent for a large scale fuel burning device is applied for in the Ashburton Clean Air Zone 2 that best practicable option PM 10 reduction measures need be considered. Resource consents for discharges of PM 10 must be granted in accordance with Sections 17, 18 and 19 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations Page 3-82 Chapter 3 Air Quality October 2009/June 2011

96 Policy AQL47 Restrict discharges to air from outdoor burning in the Ashburton Clean Air Zones 1 and 2 In the Ashburton Clean Air Zones 1 and 2, restrict the discharge to air of contaminants associated with any outdoor burning, where such discharges occur between May and August inclusive, except where such discharges occur in the following circumstances: (a) where the discharge results from the outdoor burning of vegetation from primary production on production land; or (b) where it is impracticable to remove vegetative material because of unsuitable access, and such vegetative material will result in a fire risk if not removed or will damage structures if not removed; or (c) where the financial implications of the alternatives to burning vegetative material are prohibitive; or (d) when rural fire restrictions prevent burning vegetative material during March and April; and where the outdoor burning can be undertaken so as not to contribute to the ambient PM 10 concentrations in the Ashburton Clean Air Zone 1 during the time when Objective AQL6 may not be met. Explanation and principal reasons Outdoor burning in the Ashburton Clean Air Zones 1 and 2 has the potential to significantly elevate PM 10 concentrations in the Ashburton Clean Air Zone 1. The adverse effects of outdoor burning on PM 10 concentrations that would result in Objective AQL6 not being achieved are to be avoided, particularly where other practicable and cost efficient waste disposal methods exist. It is recognised that occasionally, during the winter months, horticultural and agricultural activities require some types of vegetative matter arising from primary production activities to be disposed of by burning. In these situations, when the storage of the material (until after winter) poses a threat to production processes and there is no viable alternative disposal technique, it is recognised that some provision should be made for burning to occur. However, this should only be permitted in Clean Air Zone 2 and tightly controlled as set out in the conditions to Rule AQL97A to prevent PM 10 emissions from contributing to ambient PM 10 concentrations in Clean Air Zone 1. Methods to Implement Policy AQL38 to AQL47 The methods used or to be used to implement Policies AQL38 to AQL47 are set out below. Method AQL38(a) Investigation Environment Canterbury will continue to undertake monitoring and investigations into the extent of wintertime air pollution in Ashburton. This process will involve the following steps: (i) ongoing ambient air quality and meteorological monitoring; (ii) preparation of an emissions inventory, which identifies key sources and how they change over space and time; (iii) atmospheric dispersion modelling studies and exposure assessments to determine the spatial extent and frequency of areas where pollution levels exceed target values and their impacts; (iv) analysis of current trends and projection for future trends in emissions; (v) analysis of the options for improving air quality and their cost effectiveness; and (vi) determining community views on the options for improving ambient air quality. October 2009/June 2011 Chapter 3 Air Quality Page 3-83

97 Method AQL38(b) Information and promotion Environment Canterbury will produce and disseminate information and educational material, and coordinate as appropriate with territorial authorities and other agencies, to: (i) advise of the requirements of the regional rules within NRRP Chapter 3; (ii) advise of the availability of a clean air and energy efficiency financial assistance programme; (iii) improve energy efficiency of combustion processes of fuel burning devices; (iv) encourage the use of alternative clean technology in home heating; (v) promote energy efficiency (including the benefits of insulation); (vi) promote and support research into, and the development of, cleaner burning small scale solid fuel burner technology; (vii) promote the use of facilities to dispose of wastes that shall no longer be burned; (viii) promote waste minimisation, including reduction, recycling and re-use of household waste and composting of garden wastes; and (ix) promote the prior notification of neighbours of the occurrence of outdoor burning. Method AQL38(c) Financial assistance Environment Canterbury will consider implementing a clean air and energy efficiency financial assistance programme to provide targeted support of lower income households to enable them to replace open fires and enclosed burners by: (i) subsidising the costs of replacing open fires and enclosed burners; and (ii) subsidising the costs of home energy efficiency improvements. Method AQL38(d) Development of funding and delivery partnerships Environment Canterbury will, in conjunction with Ashburton District Council, develop and maintain relationships with central government, businesses and agencies that can assist in the provision, including funding, and delivery, of a financial assistance programme. Method AQL38(e) Regional rules Environment Canterbury will apply regional rules in Section 3.3 of NRRP Chapter 3. Method AQL38(f) Resource consents Resource consents may be granted for activities which discharge contaminants into air from fuelburning devices. These may involve discharges into air. Environment Canterbury will apply Policies AQL38 to AQL47, as relevant, when considering such applications. Resource consents for discharges of PM 10 must be granted in accordance with Sections 17, 18 and 19 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations Method AQL38(g) Review of resource consents Regional Rules AQL103, AQL104 and AQL105 shall affect, under Section 130 of the RMA, the exercise of existing resource consents for discharges of contaminants. When these rules become operative, Environment Canterbury may serve notice, under Section 128 of the RMA, on the holders of all such resource consents, of its intention to review the conditions of their resource consent, where in Environment Canterbury s opinion, it is appropriate to do so in order to enable the conditions set by the rule to be met. Method AQL38(h) Compliance and enforcement Environment Canterbury will monitor the exercise of resource consents within Ashburton and take appropriate action where this is shown to be necessary. Environment Canterbury may apply for Page 3-84 Chapter 3 Air Quality October 2009/June 2011

98 enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA. Method AQL38(i) Variation or plan change Environment Canterbury will, on an ongoing basis, consider the appropriate enclosed burner standard, together with the appropriate testing methodology, that best implement Policy AQL41. If technological advancements result in a new standard and/or testing methodology better implementing Policy AQL41 than current rules in the regional plan, it will consider changing these rules to reflect this new standard and/or testing methodology. Method AQL38(j) Ashburton District Council Environment Canterbury will collaborate with Ashburton District Council to: (i) prepare and implement bylaws under the Local Government Act 2002 to control: (1) nuisance from smoke; (2) gross point sources of PM 10 pollution; and (3) outdoor burning in the Ashburton Clean Air Zones 1 and 2 between 1 May and 30 September each year; (ii) collect and share information gathered as a result of functions and duties in the Building Act 2002, Resource Management Act 1991 and Health Act 1956; and (iii) make information available to the public about the availability of financial assistance. October 2009/June 2011 Chapter 3 Air Quality Page 3-85

99 3.3 Regional Rules Figure AQL3: The relationship between rules in the NRRP and resource consents Is the activity within Environment Canterbury's jurisdiction? Y N No permission required from Environment Canterbury.* N Does the RMA allow the activity? Does the activity meet all the requirements and conditions of a permitted activity rule? N Y Y Is there a rule in a regional plan preventing the activity? Is it a controlled activity? Y N Is it a restricted discretionary activity? Y N Is it a discretionary activity? Y N Is it a noncomplying activity? N N Resource consent must be granted Environment Canterbury sets conditions, having particular regard to the matters over which control is reserved Resource consent may be granted or refused. Environment Canterbury's discretion when deciding to grant or refuse consent or impose conditions is restricted to those matters listed in the Rule. Resource consent may be granted or refused. Environment Canterbury's discretion when deciding to grant or refuse consent or impose conditions is unlimited. Resource consent cannot be granted unless the adverse effects on the environment are minor or granting will not be contrary to the objectives and policies of a regional plan Environment Canterbury makes its decision to grant or refuse the resource consent in accordance with s.104 RMA, including having regard to the relevant objectives, policies and rules of its regional plans Y Is it a Prohibited Activity? Y N If the RMA does not allow the activity and regional rules do not address the activity, then the RMA states that the activity shall be treated as a discretionary activity. The activity is allowed and no resource consent is needed Resource consent is granted and the activity is allowed Resource consent is granted and the activity is allowed Resource consent is declined and the activity is not allowed *Please note: Other Environment Canterbury regional plans, or District Plan provisions may still apply to your activity. Resource consent may still be required The activity is not allowed and no resource consent can be sought Page 3-86 Chapter 3 Air Quality October 2009/June 2011

100 October 2009/June 2011 Chapter 3 Air Quality Page 3-87 Table AQL2 Summary of Rules Discharges to air from small scale fuel burning devices Area rule applies Rule No Description Activity Status Page No Anywhere in the Canterbury region Christchurch Clean Air Zones 1 and 2 Christchurch Clean Air Zone 1 Christchurch Clean Air Zone 1 AQL1 Enclosed burners or open fires anywhere in Canterbury installed before 1 January 2004 Permitted AQL1A Small scale solid fuel burners on sites 2 hectares or greater, not zoned for urban purposes or within a clean air zone Permitted AQL2 Enclosed burners meeting specific criteria anywhere within Canterbury Permitted 97 AQL2A Pellet fires meeting specific criteria anywhere in Canterbury Permitted 99 AQL3 Oil or gas burning heating devices anywhere in Canterbury Permitted 100 AQL4 Enclosed burners, oil or gas burning heating devices or open fires anywhere in Canterbury not complying with Rules AQL1, AQL1A, AQL2, AQL2A, AQL3 or AQL8 that are not otherwise prohibited Non-complying AQL5 Fuels prohibited from use in small scale fuel burning devices anywhere in Canterbury Prohibited 101 AQL6 Nuisance provisions relating to small scale fuel burning devices anywhere in Canterbury Prohibited 102 AQL6A Emergency discharge by small scale fuel burning device when electricity network supply terminated Permitted 103 AQL7 Open fires in the Christchurch Clean Air Zones 1 and 2 not installed on or before 1 June 2002 Prohibited AQL8 Enclosed burners or open fires contained within heritage buildings in the Christchurch Clean Air Zone 1 Permitted 104 AQL9 AQL9A Small scale fuel burning devices in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices in the Christchurch Clean Air Zone 1 High performance pellet fires contained in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices in the Christchurch Clean Air Zone 1 Prohibited Restricted discretionary AQL10 Open fires from 1 January 2006 in April to September inclusive in the Christchurch Clean Air Zone 1 Prohibited 107 AQL11 AQL11A Discharges to air from large scale fuel burning devices Non-complying enclosed burners older than 15 years from before 1 January 2008 in April to September inclusive in Christchurch Clean Air Zone 1 Non-complying enclosed burners or open fires retrofitted with pollution control devices in the Christchurch Clean Air Zone 1 Prohibited Discretionary 108 Area rule applies Rule No Description Activity Status Page No Canterbury Natural Resources Regional Plan

101 Page 3-88 Chapter 3 Air Quality October 2009/June 2011 Anywhere in the Canterbury region Christchurch Clean Air Zones 1 and 2 Christchurch Clean Air Zones 1 and 2 AQL12 Fuels prohibited from use in large scale fuel burning devices anywhere in Canterbury Prohibited 110 AQL12A Fuels used in large scale fuel burning devices anywhere in Canterbury Non-complying 111 AQL12B Discharge to air from mobile sources Permitted 111 AQL13 External combustion of gas 5 MW or less in the Christchurch Clean Air Zones 1 and 2 Permitted 112 AQL14 External combustion of diesel or kerosene 100 kw or less in the Christchurch Clean Air Zones 1 and 2 Permitted 113 AQL15 Internal combustion of diesel, petrol or gas 300 kw or less in the Christchurch Clean Air Zones 1 and 2 Permitted 113 AQL15A AQL16 Mobile internal combustion of diesel, petrol or gas 500 kw or less used to generate electricity in the Christchurch Clean Air Zones 1 and 2 External combustion of diesel and kerosene greater than 100 kw to 2 MW or less, and gas greater than 5 MW to 20 MW or less in the Christchurch Clean Air Zones 1 and 2 Permitted Controlled AQL16A Internal combustion of diesel, petrol or gas greater than 300 kw in the Christchurch Clean Air Zones 1 and 2 Controlled 117 AQL16B AQL17 AQL18 AQL18A AQL18B AQL18C AQL18D AQL19 AQL20 Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation in the Christchurch Clean Air Zones 1 and 2 Large scale fuel burning devices burning gas or oil not classed as permitted, or controlled or restricted discretionary in the Christchurch Clean Air Zones 1 and 2 Large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 Existing large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw in the Christchurch Clean Air Zones 1 and 2 Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW in the Christchurch Clean Air Zones 1 and 2 New large scale wood pellet burning devices with a combined heat output of less than or equal to 500 kw, or large scale wood pellet burning devices with a combined heat output of less than or equal to 500 kw replacing existing large scale fuel burning devices not burning solid fuel, in the Christchurch Clean Air Zones 1 and 2 Large scale fuel burning devices burning solid fuel with a combined heat output greater than 1 MW in the Christchurch Clean Air Zones 1 and 2 Large scale fuel burning devices burning solid fuel 1 MW or less with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 Restricted Discretionary Discretionary Discretionary Restricted discretionary Controlled Restricted discretionary Restricted discretionary Discretionary Prohibited Canterbury Natural Resources Regional Plan

102 October 2009/June 2011 Chapter 3 Air Quality Page 3-89 The Canterbury region outside of the Christchurch Clean Air Zones 1 and 2 The Canterbury region outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 AQL21 Large scale fuel burning devices burning solid fuel greater than 1 MW with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 Prohibited AQL22 External combustion of gas 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 Permitted 127 AQL23 External combustion of diesel or kerosene 2 MW or less outside of the Christchurch Clean Air Zones 1 and 2 Permitted 128 AQL24 External combustion of solid fuel or light fuel oil 1 MW or less outside of the Christchurch Clean Air Zones 1 and 2 Permitted 129 AQL25 AQL25A AQL25B AQL25C AQL26 Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones and 1 and 2 and not on production land which is zoned rural in an operative city or district plan Internal combustion of diesel, petrol or gas 300 kw or less on production land which is zoned rural in an operative city or district plan but outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 Use of mobile internal combustion of diesel, petrol or gas 500 kw or less used to generate electricity outside of the Christchurch Clean Air Zones 1 and 2 External combustion of diesel or kerosene greater than 2 MW to 5 MW or less, gas greater than 5 MW to 20 MW or less, and external combustion of solid fuel or light fuel oil greater than 1 MW to 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 AQL26A Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 AQL26B Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 AQL26C AQL26D Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation outside of the Christchurch Clean Air Zones 1 and 2 External combustion of solid fuel or light fuel oil greater than 5 MW in an existing large scale fuel burning device outside of Christchurch clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 Permitted Permitted Permitted Permitted Controlled Controlled 136 Controlled 138 Restricted discretionary 140 Controlled 141 Canterbury Natural Resources Regional Plan

103 Page 3-90 Chapter 3 Air Quality October 2009/June 2011 The Canterbury region outside of the Christchurch Clean Air Zones 1 and 2 AQL27 Discharges to air from outdoor burning Large scale fuel burning devices not permitted, controlled, or restricted discretionary outside the Christchurch Clean Air Zones 1 and 2 Discretionary Area rule applies Rule No Description Activity Status Page No Anywhere in the Canterbury region Christchurch Clean Air Zones 1 and 2 Christchurch Clean Air Zone 2 Anywhere in the Canterbury region AQL28 Outdoor burning of standing crop residue or vegetative stubble Permitted 143 AQL29 Outdoor burning of vegetation, paper, cardboard and untreated wood Permitted 143 AQL29A Outdoor burning of vegetation, paper, cardboard and untreated wood in residential or living zones Non-complying 144 AQL29B Outdoor burning of vegetation, paper, cardboard and untreated wood in residential and living zones Permitted 145 AQL30 Outdoor burning of polyethylene agricultural wrap before 1 January 2011 Permitted 146 AQL30A Outdoor burning of polyethylene agricultural wrap from 1 January 2011 but before 1 January 2014 Restricted discretionary 146 AQL32 Outdoor burning of animal carcasses and offal Permitted 147 AQL33 Outdoor burning for fire fighting research and fire fighting training purposes Permitted 148 AQL33A Outdoor burning of buildings for purposes of training fire-fighters Permitted 148 AQL34 Outdoor burning not permitted by Rules AQL28 to AQL33 Discretionary 148 AQL35 Outdoor burning in winter in Christchurch Clean Air Zones 1 and 2 Non-complying AQL35A Outdoor burning of diseased vegetation from production land in winter in the Christchurch Clean Air Zone 2 Permitted 149 AQL35B Outdoor burning of prunings from production trees and shelterbelts on production land in the Christchurch Clean Air Zone 2 in winter Restricted discretionary AQL36 Outdoor burning of specified waste Prohibited 151 AQL37 Outdoor burning of any materials within a landfil site, waste transfer station or waste recovery area Prohibited Discharges to air from industrial or trade premises and industrial or trade processes Area rule applies Rule No Description Activity Status Page No Anywhere in the AQL38 Fugitive dust emissions from unconsolidated surfaces Permitted Canterbury Natural Resources Regional Plan

104 October 2009/June 2011 Chapter 3 Air Quality Page 3-91 Canterbury region Anywhere in the Canterbury region Christchurch Clean Air Zone 2 AQL39 Petroleum storage and transfer facilities Permitted 153 AQL40 Dry cleaning Permitted 153 AQL41 Metal work processes Permitted 154 AQL41A Metal work processes subject to Rule AQL41 but which do not comply with the conditions in that rule Restricted discretionary 154 AQL42 Existing handling of bulk materials Permitted 155 AQL42A Handling of bulk materials as part of a quarry or mining activity not permitted by Rule AQL42 Permitted 155 AQL42B Handling of bulk materials not part of a quarry or mining activity and not permitted by Rule AQL42 Permitted 156 AQL42C Handling of bulk materials at the Port of Lyttelton Restricted discretionary 157 AQL43 Seed cleaning Permitted 157 AQL44 Clay firing Permitted 158 AQL45 Laboratory fume cupboards in educational institutions Permitted 158 AQL46 Commercial laboratory fume cupboards Permitted 158 AQL47 Wood waste generating processes Permitted 159 AQL48 Discharges of heat, steam or water vapour Permitted 159 AQL49 Food or animal product cooking and processing Permitted 159 AQL49A Food or animal product cooking and processing subject to Rule AQL49 but which do not comply with the conditions in that rule Restricted discretionary AQL50 Fumigation Permitted 161 AQL51 Water blasting Permitted 161 AQL52 Dry or wet abrasive blasting within an enclosed booth Permitted 161 AQL52A Temporary dry or wet abrasive blasting outside an enclosed booth of network utility or electricity generation infrastructure Permitted AQL53 Small scale spray coating not within a spray booth Permitted 163 AQL54 Small scale spray coating within a spray booth Permitted 163 AQL55 Printing processes using water-based inks Permitted 164 AQL56 Workplace ventilation Permitted AQL56A Maintenance or idle-testing of aircraft engines outside of buildings in the Christchurch Clean Air Zone 2 Permitted 165 AQL56B Aircraft engine testing, repair or maintenance on an industrial or trade premise in the Christchurch Clean Air Zone 2 Restricted Discretionary Canterbury Natural Resources Regional Plan

105 Page 3-92 Chapter 3 Air Quality October 2009/June 2011 Anywhere in the Canterbury region AQL57 Discharges to air from intensive farming Industrial or trade premises and processes not complying with Regional Rules AQL38 to AQL56 or not otherwise identified Discretionary Area rule applies Rule No Description Activity Status Page No Anywhere in the Canterbury region AQL58 Intensive farming established on or before 1 June 2002 Permitted 168 AQL58A Intensive farming subject to Rule AQL58 but which does not comply with any of the conditions in that rule Restricted discretionary 168 AQL59 Intensive poultry farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 Permitted 169 AQL60 Intensive broiler and breeder poultry farming established after 1 June 2002 or not lawfully established on or before 1 June Controlled AQL60A Intensive poultry farming not otherwise permitted by Rule AQL59 or controlled by Rule AQL60 Restricted discretionary 170 AQL61 Intensive pig farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 Restricted discretionary 171 AQL62 Intensive farming not subject to Regional Rules AQL58 to AQL61. Discretionary 171 Discharges to air from waste management processes Area rule applies Rule No Description Activity Status Page No Anywhere in the Canterbury region AQL63 Waste management processes established on or before 1 June 2002 Permitted 172 AQL63A Disposal of clean fill material resulting from the maintenance, operation and minor improvements to legal road Permitted 172 AQL65 Application of effluent to land Permitted 173 AQL66 Discharge of agrichemicals Small scale human sewage treatment and disposal established after 1 June 2002 or not lawfully established on or before 1 June 2002 Permitted AQL67 Offal pits established after 1 June 2002 or not established on or before 1 June 2002 Permitted 174 AQL69 Waste management processes not permitted in Regional Rules AQL63 to AQL67 Discretionary 174 Area rule applies Rule No Description Activity Status Page No Anywhere in the Canterbury region AQL70 Ground-based application of agrichemicals using hand-held application techniques Permitted 175 AQL71 Ground-based application of agrichemicals using techniques other than using hand-held application Permitted 176 AQL72 Aerial application of agrichemicals Permitted Canterbury Natural Resources Regional Plan

106 October 2009/June 2011 Chapter 3 Air Quality Page 3-93 AQL73 Application of agrichemicals not identified in Regional Rules AQL70 to AQL72 Discretionary 179 Discharges to air from small scale solid fuel fuel burning devices and large scale fuel burning devices in Rangiora Clean Air Zones 1 and 2 Area rule applies Rule No Description Activity Status Page N o Rangiora Clean Air Zone 1 Rangiora Clean Air Zones 1 and 2 Rangiora Clean Air Zone 1 and 2 Rangiora Clean Air Zone 1 Rangiora Clean Air Zones 1 and 2 Rangiora Clean Air Zone 1 Rangiora Clean Air Zones 1 and 2 AQL74 Open fires installed on or after 1 January 2008 in Rangiora Clean Air Zones 1 and 2 Non-complying AQL75 Outdoor burning in Rangiora Clean Air Zones 1 and 2 Non-complying AQL75A Outdoor burning of vegetation in winter in the Rangiora Clean Air Zones 1 and 2 Permitted 181 AQL76 Enclosed burners or open fires contained within heritage buildings in Rangiora Clean Air Zone 1 Permitted 181 AQL77 Small scale solid fuel burning device installed after 1 June 2002 in the Rangiora Clean Air Zone 1 Restricted discretionary 182 AQL78 Open fires existing on 1 January 2008 in Rangiora Clean Air Zone 1 Non-complying 183 AQL79 Enclosed burner installed before 1 January 2001 in the Rangiora Clean Air Zone 1 Non-complying 184 AQL80 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Rangiora Clean Air Zone 1 Non-complying 185 AQL81 Small scale solid fuel burning device installed in a new dwelling or building, or a dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Rangiora Clean Air Zone 1 Non-complying AQL81A Emergency discharge by small scale fuel burning devices when electricity network supply terminated Permitted 187 AQL82 AQL83 AQL84 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Rangiora Clean Air Zones 1 and 2 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Rangiora Clean Air Zone 1 Large scale fuel burning devices burning of solid fuel or light fuel oil that do not meet the conditions set by Rules AQL82 and AQL83 in the Rangiora Clean Air Zones 1 and 2 Discretionary Discretionary Non-complying Canterbury Natural Resources Regional Plan

107 Page 3-94 Chapter 3 Air Quality October 2009/June 2011 Discharges to air from small scale solid fuel fuel burning devices and large scale fuel burning devices in Kaiapoi Clean Air Zones 1 and 2 Area rule applies Rule N o Description Activity Status Page N o Kaiapoi Clean Air Zone 1 Kaiapoi Clean Air Zones 1 and 2 Kaiapoi Clean Air Zone 2 Kaiapoi Clean Air Zones 1 and 2 Kaiapoi Clean Air Zone 1 Kaiapoi Clean Air Zones 1 and 2 Kaiapoi Clean Air Zone 1 Kaiapoi Clean Air Zones 1 and 2 AQL85 Open fires installed on or after 1 January 2008 in Kaiapoi Clean Air Zones 1 and 2 Non-complying AQL86 Outdoor burning in the Kaiapoi Clean Air Zones 1 and 2 Non-complying AQL86A Outdoor burning of vegetation in winter in the Kaiapoi Clean Air Zone 2 Permitted 189 AQL87 Enclosed burners or open fires contained within heritage buildings in Kaiapoi Clean Air Zone 1 Permitted AQL88 Small scale solid fuel burning device installed after 1 June 2002 in the Kaiapoi Clean Air Zone 1 Restricted discretionary 190 AQL89 Open fires existing on 1 January 2008 in Kaiapoi Clean Air Zone 1 Non-complying 191 AQL90 Enclosed burner installed before 1 January 2001 in the Kaiapoi Clean Air Zone 1 Non-complying 192 AQL91 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Kaiapoi Clean Air Zone 1 Non-complying 193 AQL92 AQL93 AQL94 AQL95 Small scale solid fuel burning device installed in a new dwelling or building, or dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Kaiapoi Clean Air Zone 1 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Kaiapoi Clean Air Zones 1 and 2 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Kaiapoi Clean Air Zone 1 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL93 and AQL94 in the Kaiapoi Clean Air Zones 1 and 2 Discharges to air from small scale solid fuel fuel burning devices and large scale fuel burning devices in the Ashburton Clean Air Zones 1 and 2 Non-complying Discretionary Discretionary Non-complying Area rule applies Rule N o Description Activity Status Page N o Ashburton Clean Air Zones 1 and 2 Ashburton Clean Air Zone 1 AQL96 Open fires installed on or after 16 August 2008 in the Ashburton Clean Air Zones 1 and 2 Non-complying AQL97 Outdoor burning in the Ashburton Clean Air Zones 1 and 2 Non-complying 197 AQL97A Outdoor burning of vegetation in winter in the Ashburton Clean Air Zone 2 Permitted 197 AQL98 Enclosed burners or open fires contained within heritage buildings in the Ashburton Clean Air Zone 1 Permitted 198 AQL99 Small scale solid fuel burning device installed after 1 June 2002 in the Ashburton Clean Air Zone 1 Restricted discretionary Canterbury Natural Resources Regional Plan

108 October 2009/June 2011 Chapter 3 Air Quality Page 3-95 Ashburton Clean Air Zones 1 and 2 Ashburton Clean Air Zone 1 Ashburton Clean Air Zones 1 and 2 AQL100 Open fires existing on 16 August 2008 in the Ashburton Clean Air Zone 1 Non-complying 200 AQL101 Enclosed burner installed before 1 January 2001 in the Ashburton Clean Air Zone 1 Non-complying 201 AQL102 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Ashburton Clean Air Zone 1 Non-complying 202 AQL103 AQL103A AQL103B AQL103C AQL104 AQL105 Combustion of solid fuel or light fuel oil in new, replacement or upgraded large scale fuel burning devices in the Ashburton Clean Air Zones 1 and 2 Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of 500 kw or less with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of 500 kw or less in the Ashburton Clean Air Zones 1 and 2 Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater that 500 kw to less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw to less than or equal to 1 MW in the Ashburton Clean Air Zones 1 and 2 New large scale wood pellet burning devices with a combined heat output of 500 kw or less, or large scale wood pellet burning devices with a combined heat output of 500 kw or less replacing existing large scale fuel burning devices not burning solid fuel, in the Ashburton Clean Air Zones 1 and 2 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Ashburton Clean Air Zone 1 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL103, AQL103A, AQL103B, AQL103C and AQL104 in the Ashburton Clean Air Zones 1 and 2 Discretionary Controlled activity Restricted discretionary activity Restricted discretionary activity Discretionary Non-complying Canterbury Natural Resources Regional Plan

109 Page 3-96 Chapter 3 Air Quality October 2009/June Discharges to air from small scale fuel burning devices Discharges to air from small scale fuel burning devices anywhere in Canterbury Rule AQL1 Enclosed burners or open fires anywhere in Canterbury installed before 1 January 2004 permitted activity Activity Except where permitted by Rules AQL2 or AQL3, prohibited by Rules AQL5, AQL6, AQL7, AQL9, AQL10, AQL11, or which requires resource consent under Rule AQL4, the discharge from the contaminants into air from the burning of solid fuel in any enclosed burner or open fire installed before 1 January 2004, is permitted activity. Conditions 1. The discharge into air from any device installed after 1 January 2003 shall occur via an emission stack so that: (a) the minimum height of an emission stack within 3 metres distance from the highest point of the roof shall be 600 millimetres above that point; and (b) the minimum height of an emission stack further than 3 metres from the highest point of the roof shall be millimetres above the point of roof penetration; and (c) the ridge line of the roof of any other building, land or other substantial structure shall not lie in or above a circular area described by a horizontal radius of 3 metres about the top of the emission stack. 2. Insofar as is reasonably practicable and consistent with the exclusion of rain and snow, the discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The discharge shall not be dangerous or noxious beyond the boundary of the property where the discharge originates. 4. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 5. The discharge of odour beyond the boundary of the property from which it originates shall not cause an offensive or objectionable effect on the environment. 6. Contaminants discharges may only be derived from combustion of fuel authorised or approved for use in the device by Environment Canterbury. 7. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 8. The fuel-burning equipment and emission stack shall be maintained. Canterbury Natural Resources Regional Plan

110 October 2009/June 2011 Chapter 3 Air Quality Page 3-97 Rule AQL1A Small scale solid fuel burners on sites 2 hectares or greater, not zoned for urban purposes or within a clean air zone permitted activity Activity Notwithstanding Rule AQL2, and except where prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air from the burning of solid fuel in any small scale solid fuel burning device installed on or after 1 January 2004, which is located on a site that is: (a) less that 2 hectares; or (b) within an urban area; or (c) within a clean air zone is a permitted activity. For the purposes of this rule, urban area means an area that is a city, town, village, residential area or collection of workplaces and is specified in an operative district planning map as a residential, living, commercial, business or industrial zone, or a zone of a similar effect. Rule AQL2 Conditions 1. The discharge into air from any device installed after 1 January 2003 shall occur via an emission stack so that: (a) the minimum height of an emission stack within 3 metres distance from the highest point of the roof shall be 600 millimetres above that point; and (b) the minimum height of an emission stack further than 3 metres from the highest point of the roof shall be millimetres above the point of roof penetration; and (c) the ridge line of the roof of any other building, land or other substantial structure shall not lie in or above a circular area described by a horizontal radius of 3 metres about the top of the emission stack. 2. Insofar as is reasonably practicable and consistent with the exclusion of rain and snow, the discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The discharge shall not be dangerous or noxious beyond the boundary of the property where the discharge originates. 4. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 5. The discharge of odour beyond the boundary of the property from which it originates shall not cause an offensive or objectionable effect on the environment. 6. The fuel-burning equipment and emission stack shall be maintained. 7. Enclosed burners shall be operated in accordance with their operating instructions. Enclosed burners meeting specific criteria anywhere within Canterbury permitted activity Activity Except where prohibited by Rules AQL5, AQL6 or AQL9, or permitted by Rules AQL1A, AQL2A and AQL8, the discharge of contaminants into air from the burning of solid fuel in any enclosed burner which, at the date of installation has been authorised or otherwise approved by Environment Canterbury as meeting the following standards is a permitted activity: (a) The enclosed burner meets any regulations specific to enclosed burners specified in any relevant national environmental standard; and (b) Emission of no more 77 milligrams of total suspended particulate emissions per Conditions 1. The device shall contain the following information on a label permanently attaché to the device and placed in a position which is clearly visible after installation of the device: (a) The authorisation or approval number assigned by Environment Canterbury; and (b) The statement Performance may vary from test vary from test values depending on actual operating conditions ; and (c) The approved fuel for us in the device; and (d) The measured particulate emission rate in grams per kilogram (g/kg) and the measured emission rate per heat output (mg/mj); and (e) The percentage measure of thermal efficiency; and (f) The range of heat output tested (e.g. low, medium and high burn rates); and (g) A space to allow the installer to place the date of installation of the device. 2. Devices shall be capable of being operated on a high, medium and low burn rate. 3. The discharge into air from any device installed after 1 January 2003 shall occur via an emission stack so that: (a) the minimum height of an emission stack further than 3 metres from the highest point of the roof shall be 600 millimetres above Canterbury Natural Resources Regional Plan

111 Page 3-98 Chapter 3 Air Quality October 2009/June 2011 megajoule of space heat output, calculated by: (i) determining the total suspended particulate emission for each test run, when tested in accordance with AS/NZS4012:1999 and AS/NZS4013:1999 or the functional equivalent for appliances excluded from these standards. Where the nominated test fuel is wood then the test shall be carried out using softwood in accordance with the requirements of AS/NZS4012:1999; and (ii) determining thermal efficiency for space heating for each test run as described in AS/NZS4012:1999; and (iii) calculating the emissions per megajoule of heat output as the total suspended particulate emission rate (g/kg) described in (i) divided by the calorific value of oven-dry wood (20.1 MJ/kg), and dividing that value by the space heating efficiency as described in (11) for that test run, and then by averaging the emissions per megajoule results for all of the last runs; and (c) Thermal efficiency, for space heating only as described in AS/NZ4012:1999 of 50% or greater. that point; and (b) the minimum height of an emission stack further than 3 metres from the highest point on the roof shall be millimetres above the point of roof penetration; and (c) the ridge line of the roof of any other building, land or other substantial structure shall not lie in or above a circular area described by a horizontal radius of 3 metres about the top of the emission stack. 4. Insofar as is reasonably practicable and consistent with the exclusion of rain and snow, the discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 5. The discharge shall not be dangerous or noxious beyond the boundary of the property where the discharge originates. 6. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 7. The discharge of odour beyond the boundary of the property from which it originates shall not cause an offensive or objectionable effect on the environment. 8. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 9. Contaminants discharged may only be derived from combustion of fuel authorised or approved for use in the device by Environment Canterbury. 10. The fuel-burning equipment and emission stack shall be maintained. Canterbury Natural Resources Regional Plan

112 October 2009/June 2011 Chapter 3 Air Quality Page 3-99 Rule AQL2A Pellet fires meeting specific criteria anywhere in Canterbury permitted activity Activity Except where prohibited by Rules AQL5, AQL6 or AQL9, or controlled by Rule AQL9A, or permitted by Rule AQL8, the discharge of contaminants into air from the burning wood pellet fuel in any small scale wood pellet burning device (pellet fire) which, at the date of installation has been authorised or otherwise approved by Environment Canterbury as meeting the following standards is a permitted activity: (a) The emission and thermal efficiency shall result in no more than 77 milligrams of total suspended particulate emissions per megajoule of space heat output, calculated by: (i) determining the total suspended particulate emissions for each test run in accordance with AS/NZS4014.6:2007 (except for that pellets may be made from wood sawdust or wood shavings containing minor and incidental amount of antisapstain chemicals) and AS/NZS4886:2007, or the functional equivalent; and (ii) determining thermal efficiency for space heating for each test run as described in AS/NZS5078:2007, or the functional equivalent; and (iii) calculating the emissions per megajoule of heat output as the total suspended particulate emission date (g/kg) described in (i) divided by the calorific value of oven-dry wood (20.1 Conditions 1. The device shall contain the following information on a label permanently attached to the device and placed in a position which is clearly visible after installation of the device: (a) the authorisation or approval number assigned by Environment Canterbury; and (b) the statement Performance may vary from test values depending on actual operating conditions ; and (c) the approved fuel for use in the device; and (d) the measured particulate emission rate in grams per kilogram (g/kg) and the measured emission rate per heat output (mg/mj); and (e) the percentage measure of thermal efficiency; and (f) the range of heat output tested; and (g) a space to allow the installer to place the date of installation of the device. 2. The discharge into air from any device installed after 1 January 2003 shall occur via an emission stack so that: (a) the minimum height of an emission stack within 3 metres distance from the highest point of the roof shall be 600 millimetres above the point; and (b) the minimum height of an emission stack further than 3 metres from the highest point of the roof shall be millimetres above the point of roof penetration; and (c) the ridge line of the roof of any other building, land or other substantial structure shall not lie in or above a circular area described by a horizontal radius of 3 metres about the top of the emission stack. 3. Insofar as is reasonably practicable and consistent with the exclusion of rain and snow, the discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The discharge shall not be dangerous or noxious beyond the boundary of the property where the discharge originates. 5. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of property where the discharge originates. 6. The discharge of odour beyond the boundary of the property from which it originates shall not cause an offensive or objectionable effect on the environment. 7. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 8. Contaminants discharged may only be derived from combustion of fuel authorised or approved for use in the device by Environment Canterbury. 9. The fuel-burning equipment and emission stack shall be maintained as close to original condition as practicable. Canterbury Natural Resources Regional Plan

113 Page Chapter 3 Air Quality October 2009/June 2011 MJ/kg), and dividing that value by the space heating efficiency as described in (ii) for that test run, and then by averaging the emissions per megajoule results for all the test runs; and (b) thermal efficiency, for space heating only as described in AS/NZS5078:2007 of 50% or greater. Rule AQL3 Oil or gas burning heating devices anywhere in Canterbury permitted activity Activity Except where prohibited by Rule AQL5 or AQL6 the discharge of contaminants into air from the burning of diesel, kerosene, alcohols, ethane, methane, blended heating oil, or other oil fuels, (excluding rerefined oil), or liquid petroleum gas in any small scale fuel burning device is a permitted activity. Rule AQL4 Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary where the discharge originates. 2. The discharge shall not be dangerous or noxious beyond the boundary of the property where the discharge originates. 3. The discharge of odour beyond the boundary of the property from which it originates shall not cause an odour which has an offensive or objectionable effect on the environment. 4. Contaminants discharged may only be derived from combustion of fuel authorised or approved for use in the device by Environment Canterbury. 5. The sulphur content of the diesel, kerosene, alcohols, ethane, methane, blended heating oil, or other fuel oils, (excluding re-refined oil), or liquid petroleum gas to be burned shall not exceed 0.35% by weight. Enclosed burners, oil or gas burning heating devices or open fires anywhere in Canterbury not complying with Rules AQL1, AQL1A, AQL2, AQL2A, AQL3 or AQL8 that are not otherwise prohibited non-complying activity Activity Except where prohibited by Rules AQL5, AQL6, AQL7, AQL9, AQL10 or AQL11 or permitted by Rule AQL8, the discharge of contaminants into air from the burning of fuel in any enclosed burner, oil or gas burning heating device or open fire which is not classified as permitted by Rules AQL1, AQL2, AQL2A, AQL3 or AQL8 or which does not comply with the condition of Rules AQL1, AQL2, AQL2A, AQL3 or AQL8 is a non-complying activity. None Conditions Canterbury Natural Resources Regional Plan

114 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL5 Fuels prohibited from use in small scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall be granted Activity Discharge of contaminants into air from the burning (other than in a minor and incidental way and not as the principal fuel), in any small scale fuel burning device, of any of the following materials, is a prohibited activity for which no resource consent shall be granted: (a) any fuel having a sulphur content greater than 1% by weight, except that this clause shall not apply to discharges from a back country hut; or (b) wood having a moisture content of more than 25% dry weight, except that this clause shall not apply to discharges from a back country hut; or (c) wood treated with preservatives or impregnated with chemicals, including but not limited to, wood treated with Copper- Chrome-Arsenic (CCA); or (d) chip board, including but not limited to, particle board, medium density fibreboard (MDF) and laminated boards; or (e) wood which is painted, stained or oiled; or (f) metals and materials containing metals, including but not limited to, cables; or (g) materials containing asbestos; or (h) all rubber, including but not limited to rubber tyres; or (i) medical waste, pathological wastes, quarantine waste and animal waste, including but not limited to, dried animal faeces; or (j) synthetic material, including but not limited to, motor vehicle parts, foams, fibreglass, batteries, chemicals, paint and other surface coating materials, tar, or any type of plastic; or (k) used and waste oil, excluding re-refined None Conditions Canterbury Natural Resources Regional Plan

115 Page Chapter 3 Air Quality October 2009/June 2011 oil; or (l) peat; or (m) sludge from industrial processes For the purposes of the rule, back country hut means any facility erected for the purposes of providing shelter within the boundaries of any land held or managed by the Department of Conservation under the Conservation Act 1987 or any other Act specified in Schedule 1 of the Act. Rule AQL6 Nuisance provisions relating to small scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall be granted. Activity The discharge of contaminants to air from the burning of any fuel in any small scale fuel burning where that discharge is dangerous or noxious, or where the discharge causes adverse effects on the environment from: (a) objectionable or offensive dispersal or deposition of smoke particles beyond the boundary of the property where the discharge originates; or (b) objectionable or offensive odour beyond the boundary of the property where the discharge originates; or (c) results in the corrosion of structures beyond the boundary of the property where the discharge originates; is prohibited activity for which no resource consent shall be granted, except (a) and (b) shall not include the discharge of contaminants during a start-up period of 15 minutes and a period of 5 minutes following refuelling. None Conditions Canterbury Natural Resources Regional Plan

116 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL6A Emergency discharge by small scale fuel burning devices when electricity network supply terminated permitted activity Activity Notwithstanding Rules AQL4, AQL7, AQL10, AQL11, AQL11A, AQL85, AQL89, AQL90, AQL91, AQL92, AQL96, AQL99, AQL100, AQL101, AQL102, when either: (a) Any person operating a small scale solid fuel burning device is notified by the electricity network utility network operator, directly or indirectly that electricity supply shall be interrupted for a period of not less than 3 hours for maintenance or upgrading purposes, or (b) The electricity network supply is disrupted through weather, accidents, or any unforeseen circumstances; the discharge of contaminants to air from any small scale solid fuel burning device is a permitted activity, for the duration of the power outage. Cross reference: Policies AQL17, AQL35 and AQL44 None Conditions Note: This rule does not apply to the disconnection of an individual s electricity power supply due to unpaid power accounts or any other disputes with the electricity network utility operator. Canterbury Natural Resources Regional Plan

117 Page Chapter 3 Air Quality October 2009/June Discharges to air from small scale fuel burning devices in the Christchurch Clean Air Zone 1 and 2 Rule AQL7 Open fires in the Christchurch Clean Air Zones 1 and 2 not installed on or before 1 June 2002 prohibited activity for which no resource consent shall be granted Activity The discharge of contaminants into air in the Christchurch Clean Air Zones 1 and 2 from the burning of any solid fuel in any open fire not already installed on or before 1 June 2002, unless building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 1991 for the installation of the open fire on or before 1 June 2002, is a prohibited activity for which no resource consent shall be granted. None Conditions Discharge to air from small scale fuel burning devices in the Christchurch Clean Air Zone 1 Rule AQL8 Enclosed burners or open fires contained within heritage buildings in the Christchurch Clean Air Zone 1 permitted activity Activity Except where prohibited by Rules AQL4 or AQL5, the discharge of contaminants into air in the Christchurch Clean Air Zone 1 from the burning of fuel in any enclosed burner or open fire that is located within a heritage building listed in Schedule AQL4, and the device and chimney are original features of the building, is a permitted activity. Conditions 1. The discharge shall not be dangerous or noxious beyond the boundaries of the property where the discharge originates. 2. The dispersal or deposition of particles shall not cause corrosion or have noxious, dangerous, offensive or objectionable effects on the environment beyond the boundary of the property where the discharge originates. 3. The discharge of odour shall not cause an objectionable or offensive effect on the environment beyond the boundary of the property where the discharge originates. 4. Contaminants discharged may only be derived from combustion of fuel authorised or approved for use in the device by Environment Canterbury. 5. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. Canterbury Natural Resources Regional Plan

118 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL9 Small scale fuel burning devices contained in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices in the Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted Activity Except as provided for in Rule AQL9A, the discharge of contaminants into air in the Christchurch Clean Air Zone 1 from burning of any solid fuel in any small scale solid fuel burning device located in: (a) Any dwelling for which building consent was issued after 31 December 2002, including any extension or alteration to that dwelling; or (b) Any dwelling that did not have a small scale solid fuel burning device at 31 December 2002, including any extension or alteration to that dwelling; (c) Unless building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 1991 for the installation of the small scale solid fuel burning device before 1 January 2003; is prohibited activity for which no resource consent shall be granted. None Conditions Canterbury Natural Resources Regional Plan

119 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL9A High performance pellet fires contained in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices in the Christchurch Clean Air Zone 1 restricted discretionary activity Activity Notwithstanding Rule AQL9, the discharge of contaminants into air in the Christchurch Clean Air Zone 1 from the burning of wood pellet fuel in any small scale wood pellet burning device (pellet fire) which, at the date of installation has been authorised or otherwise approved by Environment Canterbury as meeting the following standards: (a) the emission and thermal efficiency shall result in no more that 40 milligrams of total suspended particulate emissions per megajoule of space heating output, calculated by: (i) determining total suspended particulate emissions for each test run in accordance with AS/NZS4014.6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor and incidental amount of antisapstain chemicals) and AS/NZS4886:2007, or functional equivalents; and (ii) determining thermal efficiency for space heating for each test run as described in AS/NZS5078:2007, or the functional equivalent; and (iii) calculating the emissions per megajoule of heat output as the average total suspended particulate emission rate (g/kg) described in (i) divided by the calorific value of ovendry wood (20.1 MJ/kg), and dividing Conditions 1. Any pellet fire damper shall be only adjustable by a person servicing the device and not readily accessible by the operator. 2. The only available operative control shall be heat output and/or water temperature. Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. Existing and predicted PM 10 ambient air quality, including the achievement of any relevant national environmental standard. 2. Any offset of the PM 10 emissions from the pellet fire. 3. The PM 10 emissions performance of the pellet fire in relation to other commercially available small scale wood pellet burning devices. 4. Real-life performance of the pellet fire when compared to laboratory test results, including the ability of the pellet fire operator to influence the level of PM 10 emissions by tampering with the pellet fire. 5. Thermal efficiency of space heating of the pellet fire. 6. The number of burning devices sought to be authorised in relation to the projected demand over the next 24-month period for the installation of that type of pellet fire. 7. Localised adverse effects, including any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 8. Servicing and overall stewardship of the pellet fire, including any steps to be taken to ensure maintenance of the pellet fire. 9. Labelling 10. Carrying out of measurements, samples, analyses, surveys, investigations or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 11. Provisions of information to the consent authority at specified times. 12. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. Canterbury Natural Resources Regional Plan

120 October 2009/June 2011 Chapter 3 Air Quality Page that value by the space heating efficiency as described in (ii) for that test run, and then by averaging the emissions per megajoule results for all of the last runs; and (b) thermal efficiency, for space heating only as described in AS/NS5078:2007 of 50% or greater and which is located in (c) any dwelling for which building consent was issued after 31 December 2002, including any extension or alteration to that dwelling; or (d) any dwelling that did not have a small scale solid fuel burning device: (i) at 31 December 2002, including any extension or alteration to that dwelling; or (ii) at the time at which the new pellet fire is installed; is a restricted discretionary activity. Rule AQL Duration of consent. 14. Review of conditions of consent and the timing and purpose of the review. Open fires from 1 January 2006 in April to September inclusive in the Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted Activity Except where permitted by Rule AQL8, or subject to a resource consent granted in accordance with Rule AQL11A, the discharge of contaminants into air in the Christchurch Clean Air Zone 1 from the burning of any solid fuel in any open fire during the months of April, May, June, July, August and September from the later of the following dates: (a) 1 January 2006; or (b) The operative date of this rule; is prohibited activity for which no resource consent shall be granted. None Conditions Canterbury Natural Resources Regional Plan

121 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL11 Non-complying enclosed burners older than 15 years from 1 January 2008 in April to September inclusive in Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted Activity Except where permitted by Rule AQL2, AQL3 or AQL8, or discretionary under Rule AQL11A, the discharge of contaminants to air in the Christchurch Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner during the months of April, May, June, July, August and September after the later of the following dates: (a) 1 January 2008; or (b) 15 years following the date of its installation, as recorded by the relevant building permit or building consent; is a prohibited activity for which no resource consent shall be granted; provided that, if no building consent or permit to install the device was issued, or such a consent or permit was issued but specifies no date of installation, then the date upon which discharge of contaminants becomes a prohibited activity under this rule is 1 January Rule AQL11A None Conditions Non-complying enclosed burners or open fires retrofitted with pollution control devices in the Christchurch Clean Air Zone 1 discretionary activity Activity Except where prohibited by Rules AQL5 and AQL6, the discharge of contaminants to air in Christchurch Clean Air Zone 1 from the burning of any solid fuel in: any open fire otherwise prohibited by Rule AQL10, or any enclosed burner otherwise prohibited by Rule AQL11, which if retrofitted with a pollution control device that results in the open fire or enclosed burner meeting the following standards: (a) emissions of no more than 77 milligrams None Conditions Canterbury Natural Resources Regional Plan

122 October 2009/June 2011 Chapter 3 Air Quality Page of total suspended particulate emissions per megajoule of space heat output, calculated by: (i) determining the total suspended particulate emissions for each test run, when tested in accordance with AS/NZS4012:1999 and AS/NZS4013:1999 or the functional equivalent for appliances excluded from these standards. Where the nominated test fuel is wood then the test shall be carried out using softwood in accordance with the requirements of AS/NZS4014.2:1999; and (ii) determining thermal efficiency for space heating for each test run as described in AS/NZS4012:1999; and (iii) calculating the emissions per megajoule of heat output as the total suspended particulate emission rate (g/kg) described in (i) divided by the calorific value of oven-dry fuel (e.g. wood 20.1 MJ/kg), and dividing that value by the space heating efficiency as described in (ii) for that test run, and then by averaging the emissions per megajoule results for all of the test runs; and (b) thermal efficiency, for space heating only as described in AS/NZS4012:1999 of 50% or greater; is a discretionary activity. For the purpose of this rule, a pollution control device is equipment permanently installed in, on, or attached to, the open fire or enclosed burner. Canterbury Natural Resources Regional Plan

123 Page Chapter 3 Air Quality October 2009/June Discharge to air from large scale fuel burning devices Discharges to air from large scale fuel burning devices anywhere in Canterbury Rule AQL12 Fuels prohibited from use in large scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall not be granted Activity Discharge of contaminants into air from the burning, in any large scale fuel burning device, of any of the following materials, is a prohibited activity for which no resource consent shall be granted: (a) all rubber, including but not limited to, rubber tyres; or (b) metals and materials containing metals, including but not limited to, cables; or (c) materials containing asbestos; or (d) medical waste, pathological wastes, quarantine waste and animal waste, including but not limited to, dried animal faeces; or (e) synthetic material, including but not limited to, motor vehicle parts, foams, fibreglass, batteries, chemicals, paint and other surface coating materials, tar, or any type of plastic; or (f) sludge from industrial processes. None Conditions Canterbury Natural Resources Regional Plan

124 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL12A Fuels used in large scale fuel burning devices anywhere in Canterbury non-complying activity Activity Subject to Rule AQL12, the discharge of contaminants into air from the burning, in any large scale fuel burning device, of any of the following materials is a non-complying activity: (a) wood treated with Copper-Chrome-Arsenic (CCA); or (b) wood which is painted, stained or oiled; or (c) used and waste oil, except for re-refined oil and waste oil where the waste oil meets the following standards: (i) Sulphur content no greater than 1%; and (ii) Arsenic levels no greater than 5 ppmw; and (iii) Cadmium levels no greater than 2 ppmw; and (iv) Chromium levels no greater than 10 ppmw; and (v) Copper levels no greater than 100 ppmw; and (vi) Lead levels no greater than 100 ppmw; and (vii) Total halogens no greater than 1,000 ppmw; and (viii) PCB no greater than 2 ppmw. Rule AQL12B None Discharge to air from mobile sources permitted activity Activity The discharge of contaminants into air from a mobile source such as an aircraft, except when it is on an industrial or trade premise for testing, repair, or maintenance, is a permitted activity. None Conditions Conditions Canterbury Natural Resources Regional Plan

125 Page Chapter 3 Air Quality October 2009/June Discharge to air from large scale fuel burning devices in the Christchurch Clean Air Zone 1 and 2 Rule AQL13 External combustion of gas 5 MW or less in the Christchurch Clean Air Zones 1 and 2 permitted activity Activity The discharge of contaminants into air from the burning, in the Christchurch Clean Air Zones 1 and 2, of natural gas or liquefied petroleum gas, from any external combustion equipment having a net combined heat output capacity within one property of greater than 40 kilowatts and less than or equal to 5 megawatts, is permitted activity. Conditions 1. Where the net heat output of any fuel burning equipment is greater than 500 kilowatts, the discharge into air from that fuel burning equipment shall not occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the root of any building, land or other substantial structure within a radius, from the stack, of 35 metres. 2. Where the net heat output of any fuel burning equipment is less than or equal to 500 kilowatts the discharge into air from that fuel burning equipment shall not occur via a chimney stack at a height of at least 1 metre above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 15 metres. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at lest once every year by a person competent in the maintenance of that equipment. This maintenance shall include adjustment, if necessary, of the fuel to air ratio and testing of the ratio of combustion gases (carbon monoxide, carbon dioxide and oxygen) discharged to ensure compliance with Condition 4. A copy of each maintenance report shall be held and provided to Environment Canterbury before 31 March each year. 6. A record shall be kept of the type and quantity of fuel used each month in the fuel burning equipment. This record shall be held and provided to Environment Canterbury before 31 March each year. Canterbury Natural Resources Regional Plan

126 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL14 External combustion of diesel or kerosene 100 kw or less in the Christchurch Clean Air Zones 1 and 2 permitted activity Activity The discharge of contaminants into air from the burning, in the Christchurch clean Air Zones 1 and 2, of diesel or kerosene, in any external combustion equipment having a net combined heat output capacity within one property of greater than 40 kilowatts, is a permitted activity. Rule AQL15 Conditions 1. The discharge into air shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Sade No. 1, as described in New Zealand Standard 5201: The discharge and associated fuel handling shall not cause odour which causes offensive or objectionable effects beyond the boundary of the property where the discharge originates. 5. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 6. The fuel-burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: ash removal; adjustment if necessary of the fuel to air ration and testing of the ratio of combustion gases (carbon monoxide, carbon dioxide and oxygen) discharged to ensure compliance with Condition 3. A copy of each maintenance report shall be held and provided to Environment Canterbury before 31 March each year 7. A record shall be kept of the type and quantity of fuel used each month in the fuel burning equipment. This record shall be held and provided to Environment Canterbury before 31 March each year. 8. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Internal combustion diesel, petrol or gas 300 kw or less in the Christchurch Clean Air Zone 1 and 2 permitted activity Activity The discharge of contaminants into air from the burning, in the Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquefied petroleum gas in any internal combustion equipment having a net energy output capacity of 300 kilowatts or less, is a permitted activity. Within this rule: (a) The conditions of this rule do not apply to the discharge of contaminants from mobile engines where the engine is used temporarily for a total period of less than 24 hours at any property. (b) Conditions 1, 3, 5, 6, 7, 8, 9, 10 and 11 do Conditions All discharges of contaminants into air shall meet the following conditions: 1. Where the discharge point is less than 50 metres from either of the following located on a different property: (i) any sensitive activity: or (ii) where any individual is likely to be exposed to the contaminant for a period of one hour or more per day: (a) the discharge into air shall occur via a chimney stack above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 15 metres; and (b) the discharge into air shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 2. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 3. Any use of internal combustion equipment discharging to air for purposes other than electricity generation shall not exceed 150 hours per year. 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973. Canterbury Natural Resources Regional Plan

127 Page Chapter 3 Air Quality October 2009/June 2011 not apply to any individual piece of internal combustion equipment having an energy output capacity of 40 kilowatts or less. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability or integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity; and 3. if more than one piece of internal combustion equipment is used to provide a single source of energy within one property, the net energy output capacity shall be the net combined energy output capacity of all the individual pieces of internal combustion equipment used to provide that energy source. 5. The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system and testing the compression ratio of the generator. A copy of each maintenance report shall be held and provided to Environment Canterbury on request. 6. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 7. The use of internal combustion equipment to generate electricity shall not exceed the following: Circumstance Limit (a) When the electricity supply is not available, or its unavailability is imminent No Limit (including circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations): (b) When used for peak electricity network load management: (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or (ii) the South Island Minzone, as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (d) In all other circumstances, including testing and maintenance No more than 300 hours per calendar year No Limit No Limit No Limit No more than 150 hours per calendar year 8. The maximum cumulative total of net energy output of internal combustion equipment used for peak electricity network load management purposes authorised by this rule or approved in accordance with Rule AQL16A, shall not exceed 85 megawatts. 9. Internal combustion equipment used for the purposes described in 7(c)(i) and (ii) above shall: (a) not begin to discharge into air unless the average wind speed in the hour (averaged on the hour) prior to the start of the use of the equipment: (i) exceeds 3 metres per second as measured by the anemometer at Christchurch International Airport, International Civil Aviation Organisation identifier NZCH; or (ii) if wind speed measuring equipment is present and operating, 2 metres per second as measured in the vicinity of the point of discharge at 10 metres above immediate ground level, or the point of discharge, whichever is highest; and (b) cease to discharge into air if the hourly average wind speed (averaged on the hour): (i) equals or falls below 3 metres per second for 4 consecutive hourly periods during the period of use of the equipment as measured by the anemometer at Christchurch International Airport, International Civil Aviation Organisation identifier NZCH; or Canterbury Natural Resources Regional Plan

128 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL15A (ii) if wind speed measuring equipment is present and operating, equals or falls below 2 metres per second for 4 consecutive hourly periods during the period of use of the equipment, as measured in the vicinity of the point of discharge at 10 metres above immediate ground level, or the point of discharge, whichever is highest. 10. Other than equipment already legally established or authorised as of 30 May 2008, if internal combustion equipment is to discharge into air in accordance with 7(c)(i) and (ii) above, the equipment shall not be: (a) located within 100 metres of either of the following located on a different property: (i) any sensitive activity or (ii) where any individual is likely to be exposed to the contaminant for a period of one hour or more per day, or (b) located within 150 metres from the stack of any other internal combustion equipment operated during the period described in 3(c) (i) and (ii) above. 11. When the internal combustion equipment is discharging to air for peak electricity network load management purposes the discharger shall ensure that prior to the equipment first being used Environment Canterbury is advised in writing of: (a) the intention to use the equipment for this purpose; and (b) the maximum net energy output capacity of the equipment. 12. In addition to 11 above, the purpose of the use of the internal combustion equipment together with the hours that use shall be recorded and provided to Environment Canterbury upon request. Mobile internal combustion of diesel, petrol or gas 500 kw or less used to generate electricity in the Christchurch Clean Air Zones 1 and 2 permitted activity Activity Notwithstanding Rules AQL15 and AQL16A, the discharge of contaminants into air by an electricity network lines operator from the burning, in the Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquefied petroleum gas in any mobile internal combustion equipment having a net energy output capacity of 500 kilowatts or less is a permitted activity. For the purpose of this rule energy means electrical energy when internal combustion equipment is used to generate electricity. Conditions 1. The discharge into air shall only occur as a result of supplying electricity to locations where electricity supply is not available due to the failure or necessary maintenance of the electricity lines network. 2. The use of internal combustion equipment at any one site shall not exceed 48 hours in any single event described in Condition 1 above. 3. The discharge into air shall occur via a stack 3 metres or more above immediate ground level. 4. The discharge into air shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 5. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 6. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system and testing the compression ratio of the generator. A copy of each maintenance report shall be held and provided to Environment Canterbury on request. 8. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Canterbury Natural Resources Regional Plan

129 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL16 External combustion of diesel and kerosene greater than 100 kw to 2 MW or less, and gas greater than 5 MW to 20 MW or less in the Christchurch Clean Air Zones 1 and 2 controlled activity Activity Christchurch Clean Air Zones 1 and 2, of: (a) diesel or kerosene, in any external combustion equipment having a net combines heat output capacity within one property of greater than 100 kilowatts and less than or equal to 2 megawatts; or (b) natural gas and liquefied petroleum gas, in any external combustion equipment having a net combines output capacity within one property of greater than 5 megawatts and less than or equal to 20 megawatts; is a controlled activity. Conditions 1. The discharge into air shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. Matters for Control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. The fuel burning rate. 2. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 3. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 4. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 5. Provisions of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

130 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL16A Internal combustion of diesel, petrol or gas greater than 300 kw in the Christchurch Clean Air Zones 1 and 2 controlled activity Activity Except as permitted by Rule AQL15A, the discharge of contaminants into air from the burning, in the Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquefied petroleum gas, in any internal combustion equipment having a net energy output capacity of more than 300 kilowatts is a controlled activity. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability or integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity. Conditions All discharges of contaminants into air shall meet the following conditions: 1. The discharge into air shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 2. This discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 4. Any use of internal combustion for uses other than electricity generation shall not exceed 150 hours per year. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 5. The use of internal combustion equipment to generate electricity generation shall also meet the following: Circumstance Limit (a) When the electricity supply is not available, or its unavailability I imminent (including No limit circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations): (b) When used for peak electricity network load management: (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or (ii) the South Island Minzone, as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (d) In all other circumstances, including testing and maintenance. No more than 300 hours per calendar year No limit No limit No limit No more than 150 hours per calendar year Canterbury Natural Resources Regional Plan

131 Page Chapter 3 Air Quality October 2009/June The maximum cumulative total of net energy output of internal combustion equipment used for peak electricity network load management purposes approved in accordance with this rule or authorised by Rule AQL15, shall not exceed 85 megawatts. 7. Internal combustion equipment used for the purposes described in 5(c)(i) and (ii) above shall: (a) not begin to discharge into air unless the average wind speed in the hour (averaged on the hour) prior to the start of the use of the equipment: (i) exceeds 3 metres per second as measured by the anemometer at Christchurch International Airport, International Civil Aviation Organisation identifier NZCH; or (ii) if wind speed measuring equipment is present and operating, 2 metres per second as measured in the vicinity of the point of discharge at 10 metres above immediate ground level, or the point of discharge, whichever is highest; and (b) cease to discharge into air if the hourly average wind speed (averaged on the hour): (i) equals or falls below 3 metres per second for 4 consecutive hourly periods during the period of use of the equipment as measured by the anemometer at Christchurch International Airport, International Civil Aviation Organisation identifier NZCH; or (ii) if wind speed measuring equipment is present and operating, equals or falls below 2 metres per second for 4 consecutive hourly periods during the period of use of the equipment, as measured in the vicinity of the point of discharge at 10 metres above immediate ground level, or the point of discharge, whichever is highest. 8. Other than equipment already legally established or authorised as of 30 May 2008, if internal combustion equipment is to be used in accordance with 5(c) (i) and (ii) above, the equipment shall not be located within 100 m of either of the following located on a different property: (i) any adjoining sensitive activity, or (ii) where any individual is likely to be exposed to the contaminant for a period of one hour or more per day. Matters for Control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Measures necessary to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 2. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 3. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 4. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 5. Provisions of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

132 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL16B Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation in Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Activity The discharge of contaminants into air in the Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquefied petroleum gas in any internal combustion equipment used for electricity generation which: (a) is not classified as a permitted activity or controlled activity by Rules AQL15, AQL15A or AQL16A; or (b) does not comply with the conditions of Rules AQL15, AQL15A or AQL16A; is restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. The effect of the discharge to air on existing and predicted PM 10 ambient air quality, including the achievement of any relevant national environment standard. 2. The PM 10 emissions performance of the internal combustion equipment. 3. Localised adverse effects, including any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 4. Servicing and overall stewardship of the internal combustion equipment. 5. Carrying out of measurements, samples, analyses, surveys, investigations, or inspections, including; (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 6. Provisions of information to the consent authority at specified times. 7. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 8. Duration of consent. 9. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

133 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL17 Large scale fuel burning devices burning gas or oil not classed as permitted, controlled or restricted discretionary in the Christchurch Clean Air Zones 1 and 2 discretionary activity Activity The discharge of contaminants into air from burning, in the Christchurch Clean Air Zones 1 and 2, of oil or gas, including but not limited to, diesel, kerosene, petrol, natural gas or liquefied petroleum gas in any large scale fuel-burning devices which: (a) is not classified as a permitted activity, controlled activity, non-complying activity or prohibited activity by Rules AQL12 to AQL16; or (b) does not comply with the conditions of Rules AQ12 to AQL16; or (c) is not classified as a restricted discretionary activity by Rule AQL16B; is a discretionary activity. Rule AQL18 None Conditions Large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 discretionary activity Activity Except where prohibited by Rules AQL12 and AQL20, the discharge of contaminants into air from burning, in the Christchurch Clean Air Zones 1 and 2, of solid fuel in any large scale fuel burning devices having a net combined heat output capacity within one property of greater that 40kW and less than or equal to 1 megawatt, is a discretionary activity. Conditions 1. The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. This standard shall not apply: (a) on 1 June 2002 to all large scale fuel burning devices installed after 1 June 2002; and (b) after 1 January 2015 to all large scale fuel-burning devices installed on or before 1 June The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall be measured by a person competent in stack emission testing at least once every 5 year period during which the device is operated. Canterbury Natural Resources Regional Plan

134 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL18A Existing large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Activity Notwithstanding Rule AQL18, and except where prohibited by Rules AQL12 and AQL20, the discharge of contaminants into air from burning of solid fuel in the Christchurch Clean Air Zones 1 and 2 in any existing large scale fuel burning devices having a net combined heat output capacity within one property of greater than 40 kw and less than or equal to 1 megawatt is a restricted discretionary activity. For the purpose of this rule existing means a large scale fuel burning device legally installed and operating: 1. on or before 1 June 2002; and 2. at the time any resource consent application is made and considered under this rule. Conditions 1. Any discharge of contaminant into air shall not be greater than that which may have been lawfully discharged on 1 June After 1 January 2015, the concentration of total suspended particulate in combustion gas discharged from all emission stack)s), measured according to the requirements described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 3. The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirements described in Schedule AQL6, shall be measured by a person competent in stack emission testing at least once every 5 year period during which the device is operated. Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. Localised adverse effects from the discharge of contaminants to air. 2. The extent to which the best practicable option is or should be adopted to prevent or minimise the discharge to air of PM The fuel burning rate. 4. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 6. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring containment concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 7. Provisions of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

135 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL18B Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw in the Christchurch Clean Air Zones 1 and 2 controlled activity Activity Notwithstanding Rules AQL18, AQL18A and AQL18D, and except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Christchurch Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of greater than 40 kilowatts and less than or equal to 500 kilowatts is controlled activity Conditions 1. Any discharge to air from a large scale wood pellet burning device shall be in replacement of discharges to air from a large scale fuel burning device burning solid fuel of the same or greater heat output capacity which was legally established and operating up to the time of replacement. 2. Any discharge of contaminant into air shall not be of a greater rate or quantum than which could have been lawfully discharged on 1 September The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 125 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 4. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 5. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 6. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 7. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Matters for control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Localised adverse effects from the discharge of contaminants to air relating to odour, suspended particulate and deposited particulate. 2. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 3. The fuel burning rate. 4. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 6. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring containment concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; Canterbury Natural Resources Regional Plan

136 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL18C (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 7. Provisions of information to the consent authority at specified times 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Activity Notwithstanding Rules AQL18, AQL18A and AQL18D, and except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Christchurch Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of greater than 500 kilowatts and less than or equal to 1 megawatt is a restricted discretionary activity. Conditions 1. Any discharge to air from a large scale wood pellet burning device shall be in replacement of discharges to air from a large scale fuel burning device burning solid fuel of the same or greater heat output capacity which was legally established and operating up to the time of replacement. 2. Any discharge of contaminant into air shall not be of a greater rate or quantum than which could have been lawfully discharged on 1 September The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 125 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 4. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 5. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 6. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 7. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Restriction of discretion Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Localised adverse effects from the discharge of contaminants to air relating to odour, suspended particulate and deposited particulate. 2. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. Canterbury Natural Resources Regional Plan

137 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL18D 3. The fuel burning rate. 4. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 6. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring containment concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 7. Provisions of information to the consent authority at specified times 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. New large scale wood pellet burning devices with a combined heat output of less than or equal to 500 kw, or large scale wood pellet burning devises with a combined heat output of less than or equal to 500 kw replacing existing large scale fuel burning devices not burning solid fuel, in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity. Activity Notwithstanding Rules AQL18, AQL18A and AQL18D, and except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Christchurch Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of greater than 500 kilowatts is a restricted discretionary activity. Conditions 1. The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 72 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 2. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 5. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. In the context of Policy AQL19, existing and predicted PM 10 ambient air quality, including the achievement of any relevant national Canterbury Natural Resources Regional Plan

138 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL19 environment standard. 2. Localised adverse effects from the discharge of contaminants to air relating to odour, suspended particulate and deposited particulate. 3. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 4. Any offset of the PM 10 emissions related to the large scale wood pellet burning device. 5. The number of large scale wood pellet burning devices sought to be authorised in relation to the projected demand over the next 24 month period for the installation of that type of device or the equivalent to ten 300 kilowatt large scale wood pellet burning devices, whichever is the greatest. 6. The fuel burning rate. 7. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 8. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 9. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring containment concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 10. Provisions of information to the consent authority at specified times. 11. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 12. Duration of consent. 13. Review of conditions of consent and the timing and purpose of the review. Large scale fuel burning devices burning solid fuel with a combined heat output greater than 1 MW in the Christchurch Clean Air Zones 1 and 2 discretionary activity Activity Except where prohibited by Rules AQL12 and AQL21, the discharge of contaminants into air from the burning, in the Christchurch Clean Air Zones 1 and 2, of solid fuel in any large scale fuel burning devices having a net combined heat output capacity within one property greater than 1 MW, is a discretionary activity. Conditions 1. The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. This standard shall apply on 1 June 2002 to all large scale fuel burning devices installed after 1 June 2002; and 2. The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirements described in Schedule AQL6, shall be measured by a person competent in stack emission testing at least once every 12 month period during which the device is operated. Canterbury Natural Resources Regional Plan

139 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL20 Large scale fuel burning devices burning solid fuel 1 MW or less with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 prohibited activity for which no resource consent shall be granted Activity The discharge of contaminants into air from the burning, after 1 January 2015, in the Christchurch Clean Air Zones 1 and 2, of solid fuel in any large scale fuel burning device having a net combined heat output capacity within one property of less than or equal to 1 megawatt, where the concentration of total suspended particulate in combustion gas discharged (measured according to the requirements described in Schedule AQL6), from all emission stacks, of greater than 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide, is a prohibited activity for which no resource consent shall be granted. Rule AQL21 None Conditions Large scale fuel burning devices burning solid fuel greater than 1 MW with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 prohibited activity for which no resource consent shall be granted Activity The discharge of contaminants into air from the burning in the Christchurch Clean Air Zones 1 and 2, of solid fuel in any large scale fuel burning device having a net combined heat output capacity within one property of greater than 1 megawatt, where the concentration of total suspended particulate in combustion gas discharged (measured according to the requirements described in Schedule AQL6), from all emission stacks, of greater than 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide, is a prohibited activity for which no resource consent shall be granted. None Conditions Canterbury Natural Resources Regional Plan

140 October 2009/June 2011 Chapter 3 Air Quality Page Discharges to air from large scale fuel burning devices outside the Christchurch Clean Air Zones 1 and 2 Rule AQL22 External combustion of gas 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Activity The discharge of the contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, of natural gas or liquefied petroleum gas, in any external combustion equipment having a net combined heat output capacity within one property of greater than 40 kilowatts and less than or equal to 5 megawatts, is a permitted activity. Conditions 1. Where the net heat output of any fuel burning equipment is less than or equal to 500 kilowatts, the discharge into air from that fuel burning equipment shall occur via a chimney stack at a height of at least 1 metre above the ridge line of the roof of any building, land or other substantial structure within a radius (from the stack) of 15 metres. 2. Where the net heat output of any fuel burning equipment is greater than 500 kilowatts, the discharge into air from that fuel burning equipment shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a radius (from the stack) of 35 metres. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include adjustment, if necessary, of the fuel to air ratio and testing of the ratio of combustion gases (carbon monoxide, carbon dioxide and oxygen) discharged to ensure compliance with Condition 4. A copy of each maintenance report shall be held and provided to Environment Canterbury before 31 March each year. 6. A record shall be kept of the type and quantity of fuel used each year in the fuel burning equipment. This record shall be held and provided to Environment Canterbury before 31 March each year. Canterbury Natural Resources Regional Plan

141 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL23 External combustion of diesel or kerosene 2 MW or less outside the Christchurch Clean Air Zones 1 and 2 permitted activity Activity The discharge of the contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, of diesel and kerosene, in any external combustion equipment having a net combined heat output capacity within one property of greater than 40 kilowatts and less than or equal to 2 megawatts, is a permitted activity. Conditions 1. Where the net heat output of any fuel burning equipment is less than or equal to 1 megawatt the discharge into air shall occur via a chimney stack at the relevant minimum height specified in Schedule AQL5, and shall be at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 50 metres. 2. Where the net combined heat output capacity is greater than 1 megawatt the discharge into air shall occur via a chimney stack, at the relevant minimum height specified in Schedule AQL5, and the ridgeline of the roof of any building, land or other substantial structure within a radius, from the stack, of 50 metres, shall not be higher than 0.4 times the stack height. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 5. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include adjustment: ash removal; adjustment if necessary of the fuel to air ratio and testing of the ratio of combustion gases (carbon monoxide, carbon dioxide and oxygen) discharged to ensure compliance with Condition 5. A copy of each maintenance report shall be held and provided to Environment Canterbury before 31 March each year. 7. A record shall be kept of the type and quantity of fuel used each year in the fuel burning equipment. This record shall be held and provided to Environment Canterbury before 31 March each year. 8. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Canterbury Natural Resources Regional Plan

142 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL24 External combustion of solid fuel or light fuel oil 1 MW or less outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, of coal, wood or light fuel oil in any external combustion equipment having a net output capacity within any management area of greater than 40 kilowatts and less than or equal to 1 megawatt, is a permitted activity. For the purpose of this rule a management area may contain one or more large scale fuel burning devices, and means: 1. the property if the property is less than or equal to 1 hectare; or 2. if the property is greater than 1 hectare, within an area on that property defined by a 100 metre radius centred on any individual large scale fuel burning device. Conditions 1. Where the discharge of sulphur dioxide is less than 0.5 kg/hr, the discharge into air shall occur via a chimney stack at the relevant minimum height specified in Schedule AQL5, and shall be at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 50 metres. 2. Where the discharge of sulphur dioxide exceeds 0.5 kg/hr, the discharge into air shall occur via a chimney stack, at the relevant minimum height specified in Schedule AQL5, and the ridgeline of the roof of any building, land or other substantial structure within a radius, from the stack, of 50 metres shall not be higher than 0.4 times the stack height. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The sulphur content of the fuel to be burned shall not exceed 2% by weight. 5. Where the sulphur content of the fuel to be burned exceeds 0.75% by weight, the chimney stack shall be thermally insulated to prevent acid smut formation. 6. The ash content of coal to be burned shall not exceed 7% by weight. Coal burned shall contain less than 30% by weight of fine particles having a diameter of less than 3 millimetres. 7. The discharge and associated fuel handling shall not cause odour or particulate matter which causes offensive or objectionable effects beyond the boundary of the property where the discharge originates. 8. The concentration of total suspended particulate in combustion gas discharged from all emission stacks, when measured according to the requirements described in Schedule AQL6, shall not exceed 500 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals and 8% oxygen or 12% carbon dioxide. 9. The opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. 10. The moisture content of wood to be burned shall not exceed 25% dry weight. 11. The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: ash removal; adjustment if necessary of the fuel to air ratio and testing of the ratio and testing the ratio of combustion gases (carbon monoxide, carbon dioxide and oxygen) discharged to ensure compliance with condition 9. A copy of each maintenance report shall be held and provided to Environment Canterbury before 31 March each year. 12. All fuel burning equipment shall be operated in accordance with the manufacturer s instructions. Coal burning equipment shall also be operated in accordance with the Environmental Code of Practice for the Operation of Coal Fired Boiler installations less than 5 megawatts (Gross) Capacity, Coal Research Ltd, December 1996, where applicable. 13. A record shall be kept of the type and quantity of fuel used each month in the fuel burning equipment. This record shall be held and provided to Environment Canterbury before 31 March each year. Canterbury Natural Resources Regional Plan

143 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL25 Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones and 1 and 2 and not on production land which is zoned rural in an operative city or district plan permitted activity Activity The discharge of contaminants from burning of, into air outside the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 and not on production land which is zoned rural in an operative city or district plan, diesel, petrol, natural gas or liquefied petroleum gas, in any internal combustion equipment having a net energy output capacity less than or equal to 300 kilowatts is a permitted activity. Within this rule: 1. The conditions attaching to this rule do not apply to the discharge of contaminants from mobile engines where the engines are used temporarily for a total period of less than 24 hours at any property. 2. Conditions 1, 3, 6, 7, 8 and 9 do not apply to any individual piece of internal combustion equipment having an energy output capacity of 40 kilowatts or less. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability of integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity; and 3. if more than one piece of internal combustion equipment is used to provide a single source of Conditions All discharges of contaminants into air shall meet the following conditions: 1. When the discharge point is less than 50 metres from either of the following which is located on a separate property: (i) any sensitive activity or (ii) where any individual is likely to be exposed to the contaminants for a period of one hour or more per day: (a) the discharge into air shall occur via a chimney stack above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 15 metres; and (b) the discharge into air shall be directed vertically into air shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. Condition 1 shall not apply to any discharge to air associated with a hydro electric power scheme. 2. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 3. Any use of internal combustion equipment discharging to air for purposes that are other than electricity generation shall not exceed 150 hours per year. 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. 6. The purpose of the use of the internal combustion equipment together with the hours of that use shall be recorded and provided to Environment Canterbury upon request. 7. The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system; and testing the compression. A copy of each maintenance report shall be held and provided to Environment Canterbury upon request. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 8. The use of internal combustion equipment to generate electricity shall not exceed the following: Circumstances Limit (a) When the electricity supply is not available, or its unavailability is imminent (including Unlimited circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations): (b) When used for peal electricity network load management: (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or (ii) the South Island Minzone, as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity No more then 300 hours per calendar year Unlimited Unlimited Canterbury Natural Resources Regional Plan

144 October 2009/June 2011 Chapter 3 Air Quality Page energy within one property, the net energy output capacity shall be the net combined energy output capacity of all the individual pieces of internal combustion equipment used to provide that energy source. Rule AQL25A Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. Unlimited (d) In all other circumstances, including testing and maintenance No more than 150 hours per calendar year. 9. Other than equipment already legally established or authorised as of 30 May 2008, if internal combustion equipment is to discharge into air in accordance with 8(c)(i) and (ii) above, the equipment shall not be: (a) located within 100 m of either of the following located on a different property: (i) any sensitive activity or (ii) where any individual is likely to be exposed to the contaminant for a period of one hour or more per day, and (b) located within 150 m from the stack of any other internal combustion equipment operated during the period described in 3(c) (i) and (ii) above. Internal combustion of diesel, petrol or gas 300 kw or less on production land which is zoned rural in an operative city or district plan but outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 permitted activity Activity The discharge if contaminants into air on production land which is zoned rural in an operative city or district plan but outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2, from the burning of diesel, petrol, natural gas or liquefied petroleum gas, in any internal combustion equipment having a net energy output capacity of less than or equal to 300 kilowatts is a permitted activity. Within this rule: 1. The conditions attaching to this rule do not apply to the discharge of contaminants from: (a) mobile engines where the engines are used temporarily for a total period of less than 24 hours at any property. (b) mobile engines only present on a property when the regular electricity supply ceases, or electricity supply cessation is imminent (including circumstances where a Grid Emergency Event is declared by the Conditions 1. The discharge into air shall be from internal combustion equipment which complies with the table below: Separation distance Time and circumstances limitation Stack and discharge direction requirements 0 metres to 50 metres The use of internal combustion equipment shall only occur for a maximum of 150 hours per calendar year unless the use is occurring when the regular electricity supply ceases, or electricity supply cessation is imminent (including circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations). Greater than 50 metres The use of internal combustion equipment shall only occur for a maximum of 150 hours per calendar year unless the use is occurring when the regular electricity supply ceases, or electricity supply cessation is imminent (including circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations). 1. The discharge into air shall occur via a chimney stack above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 15 metres; and 2. The discharge into air shall be directed shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. None Canterbury Natural Resources Regional Plan

145 Page Chapter 3 Air Quality October 2009/June 2011 System Operator under the Electricity Governance Rules or Regulations). 2. Conditions 1, 2 and 5 do not apply to any individual piece of internal combustion equipment having an energy output capacity of 40 kilowatts or less. For the purpose of this rule: 1. energy means electrical energy when internal combustion equipment is used to generate electricity; and 2. if more than one piece of internal combustion equipment is used to provide a single source of energy within one property, the net energy output capacity shall be the net combined energy output capacity of all the individual pieces of internal combustion equipment used to provide that energy source. Rule AQL25B In all other circumstances 1. The discharge into air shall occur via a chimney stack 3 metres above the ridge line of the roof of any building or other substantial structure within 100 metres; and 2. The discharge into air shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. (a) For the purposes of this table separation distance means the distance between the point of discharge and either of the following located on a different property: (i) any sensitive activity; or (ii) a private building or part of a building, and directly ancillary outdoor space, within which people are typically present for the purposes of work for part or all the year, such as; offices, rural produce processing facilities, contractors offices and yards, and commercial glasshouses. (b) The stack height and discharge direction requirements of Condition 1 shall not apply to any discharge to air associated with a hydro electric power scheme. 2. The purpose of the use of the internal combustion equipment together with the hours of that use shall be recorded and provided to Environment Canterbury upon request. 3. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system; and testing the compression ratio. A copy of each maintenance report shall be held and provided to Environment Canterbury upon request. 6. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 permitted activity Activity The discharge of contaminants from burning of, into air outside the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2, diesel, petrol, natural gas or liquefied petroleum gas, in any internal Conditions All discharges of contaminants into air shall meet the following conditions: 1. When the discharge point is less than 50 metres from either of the following which is located on a separate property: (i) any sensitive activity or (ii) where any individual is likely to be exposed to the contaminants for a period of one hour or more per day: (a) the discharge into air shall occur via a chimney stack above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 15 metres; and (b) the discharge into air shall be directed vertically into air shall not be impeded by any obstruction above the stack which Canterbury Natural Resources Regional Plan

146 October 2009/June 2011 Chapter 3 Air Quality Page combustion equipment having a net energy output capacity less than or equal to 300 kilowatts is a permitted activity. Within this rule: 1. The conditions attaching to this rule do not apply to the discharge of contaminants from mobile engines where the engines are used temporarily for a total period of less than 24 hours at any property. 2. Conditions 1, 3, 6, 7 and 8 do not apply to any individual piece of internal combustion equipment having an energy output capacity of 40 kilowatts or less. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability of integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity; and 3. if more than one piece of internal combustion equipment is used to provide a single source of energy within one property, the net energy output capacity shall be the net combined energy output capacity of all the individual pieces of internal combustion equipment used to provide that energy source. decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. Condition 1 shall not apply to any discharge to air associated with a hydro electric power scheme. 2. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 3. Any use of internal combustion equipment discharging to air for purposes that are other than electricity generation shall not exceed 150 hours per year. 4. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. 6. The purpose of the use of the internal combustion equipment together with the hours of that use shall be recorded and provided to Environment Canterbury upon request. 7. The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system; and testing the compression. A copy of each maintenance report shall be held and provided to Environment Canterbury upon request. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 8. The use of internal combustion equipment to generate electricity shall not exceed the following: Circumstances Limit (a) When the electricity supply is not available, or its unavailability is imminent (including Unlimited circumstances where a Grid Emergency Event is declared by the System Operator under the Electricity Governance Rules or Regulations): (b) When used for peal electricity network load management: (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or (ii) the South Island Minzone, as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (d) In all other circumstances, including testing and maintenance No use permitted No use permitted No use permitted Unlimited No more than 150 hours per calendar year. Canterbury Natural Resources Regional Plan

147 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL25C Use of mobile internal combustion of diesel, petrol or gas 500 kw or less used to generate electricity outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Activity Notwithstanding Rules AQL25, AQL25A, AQL25B, AQL26A and AQL25B, the discharge of contaminants into air by an electricity network lines operator from the burning, outside of the Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquefied petroleum gas in any mobile internal combustion equipment having a net energy output capacity of 500 kilowatts or less is a permitted activity. For the purpose of this rule energy means electrical energy when internal combustion equipment is used to generate electricity. Conditions 1. The discharge into air shall only occur as a result of supplying electricity to locations where electricity supply is not available die to the failure or necessary maintenance of the electricity lines network. 2. The use of internal combustion equipment at any one site shall not exceed 48 hours in any single event described in Condition 1 above. 3. The discharge into air shall occur via a stack 3 metres or more above immediate ground level. 4. The discharge into air shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 5. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. 6. Except for a period not exceeding two minutes in each hour of operation, the opacity of the discharge at the chimney exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201: The fuel burning equipment shall be maintained at least once every year by a person competent in the maintenance of that equipment. This maintenance shall include: checking the air filters and air supply; checking the fuel injection system and testing the compression ratio of the generator. A copy of each maintenance report shall be held and provided to Environment Canterbury on request. 8. The discharge shall not cause odour or contain contaminants which cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Canterbury Natural Resources Regional Plan

148 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL26 External combustion of diesel or kerosene greater than 2 MW to 5 MW or less, gas greater than 5 MW to 20 MW or less, and external combustion of solid fuel or light fuel oil greater than 1 MW to 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 controlled activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants Into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, of: (a) diesel or kerosene, in any external combustion equipment having a net combined heat output capacity within any management area of greater than 2 megawatts and less than or equal to 5 megawatts; or (b) natural gas or liquefied petroleum gas, in any external combustion equipment having a net combined heat output capacity within any management area of greater than 5 megawatts and less than or equal to 20 megawatts; or (c) coal, wood, or light fuel oil, in any external combustion equipment having a net combined heat output capacity within any management area of greater than 1 megawatt and less than or equal to 5 megawatts; is a controlled activity. For the purpose of this rule a management area may contain one or more large scale fuel burning devices, and means: 1. the property if the property is less than or equal to 1 hectare; or 2. if the property is greater than 1 hectare, within an area on that property defined by a 100 m radius centred on any individual large scale burning device. Conditions 1. The discharge into air shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The concentration of total suspended particulate in combustion gas discharged from all emission stacks, when measured according to the requirements described in Schedule AQL6, shall not exceed 500 milligrams per cubic metre or air adjusted to 0º Celsius, dry gas basis, kilopascals and 8% oxygen or 12% carbon dioxide. 4. The sulphur content of the fuel to be burned should not exceed 2% by weight. Matters for control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. The fuel burning rate. 2. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 3. Any steps to be taken to ensure maintenance of the fuel burning equipment. 4. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 5. Provisions of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

149 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL26A Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Activity Except where prohibited by Rule AQL12 or permitted by Rule AQL25C, the discharge of contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zone 1 and 2 and Ashburton Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquid petroleum gas, in any internal combustion equipment having a net energy output capacity of greater than 300 kilowatts is a controlled activity. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability of integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity. Conditions All discharges of contaminants into air shall meet the following conditions: 1. The discharge; (a) shall: (i) occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure; and (ii) be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction; or (b) within the Lyttelton Port Zone shown as LP on Maps S1, S2 and S3 in Schedule AQL7: (i) shall only be from internal combustion equipment having a net energy output capacity of 5 megawatts or less; and (ii) shall (1) for internal combustion equipment legally established and existing as of 1 October 2008 be: (a) more than 120 metres from any sensitive activity located on a different property (excluding the Coastal Marine Area or any road); or (b) more than 120 metres from any part of another site (excluding the Coastal Marine Area or any road) outside the Lyttelton Port Zone where any individual is likely to be exposed to the contaminant for a period of one hour or more per day; or (2) for internal combustion equipment established after 1 October 2008 be: (a) more than 100 metres from any sensitive activity located on a different property (excluding the Coastal Marine Area or any road); or (b) more than 100 metres from any part of another site (excluding the Coastal Marine Area or any road) outside the Lyttelton Port Zone where any individual is likely to be exposed to the contaminant for a period of one hour or more per day; and (c) occur via a chimney stack at a height of at least 3 metres above immediate ground level; and (d) be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction; or (e) shall be associated with a hydro electric power scheme. 2. Any use of internal combustion for uses other than electricity generation shall not exceed 150 hours per year. 3. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 4. The use of internal combustion equipment to generate electricity shall not exceed the following: Canterbury Natural Resources Regional Plan

150 October 2009/June 2011 Chapter 3 Air Quality Page Circumstances (a) When the electricity supply is not available, or its unavailability is imminent (including circumstances where a Grid Emergency Event is declared by the Systems Operator under the Electricity Governance Rules or Regulations): Limit Unlimited (b) When used for peak electricity network load management: No more than 300 hours per calendar year (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or Unlimited (ii) the South Island Minzone, as derived by the Electricity Commission (or any Unlimited statutory body exercising like powers and functions to the Electricity Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. Unlimited (d) In all other circumstances, including testing and maintenance. No more than 150 hours per calendar year. 5. Other than equipment already legally established or authorised as of 30 May 2008, if internal combustion equipment is to discharge into air in accordance with 4(c) (i) and (ii) above, the equipment shall not be located within 100 m of either of the following located on a different property (i) any sensitive activity or (ii) where any individual is likely to be exposed to the contaminant for a period of one hour or more per day. Matter for control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Any measures necessary to avoid, remedy or mitigate localised adverse effects. 2. Any steps to be taken to ensure maintenance of the fuel burning equipment. 3. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and 4. Provisions of information to the consent authority at specified times. 5. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 6. Duration of consent. 7. Review of conditions of consent and the timing and purpose of the review. Note: The Lyttelton Port Zone is shown as LP on Maps S1, S2 and S3, from the Banks Peninsular District Council Proposed District Plan, in Schedule AQL7. Canterbury Natural Resources Regional Plan

151 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL26B Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Activity Except where prohibited by Rule AQL12 or permitted by Rule AQL25C, the discharge of contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zone 1 and 2 and Ashburton Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquid petroleum gas, in any internal combustion equipment having a net energy output capacity of greater than 300 kilowatts is a controlled activity. For the purpose of this rule: 1. peak electricity network load management means the use of internal combustion equipment (generators) by, or under the instruction or request of, the relevant electricity network lines operator or national transmission grid operator for reasons of maintaining the reliability of integrity of the electricity lines or transmission network, including for network load control; and 2. energy means electrical energy when internal combustion equipment is used to generate electricity. Conditions All discharges of contaminants into air shall meet the following conditions: 1. The discharge: (a) shall: (i) occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure; and (ii) be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction; or (b) shall be associated with a hydro electric power scheme. 2. Any use of internal combustion for uses other than electricity generation shall not exceed 150 hours per year. 3. The sulphur content of the fuel to be burned shall not exceed 0.35% by weight. The discharge of contaminants to air resulting from electricity generation shall also meet the following conditions: 4. The use of internal combustion equipment to generate electricity shall not exceed the following: Circumstances Limit (a) When the electricity supply is not available, or its Unlimited unavailability is imminent (including circumstances where a Grid Emergency Event is declared by the Systems Operator under the Electricity Governance Rules or Regulations): (b) When used for peak electricity network load management: (c) During a period within which: (i) the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) determines that reserve generation capacity (for example, Whirinaki Power Station) should generate electricity; or (ii) the South Island Minzone, as derived by the Electricity Commission (or any statutory body exercising like powers and functions to the Electricity Commission) has been breached. (iii) the Emergency Zone as derived by the Electricity Commission (or any statutory body exercising like No use No use No use Unlimited Canterbury Natural Resources Regional Plan

152 October 2009/June 2011 Chapter 3 Air Quality Page powers and functions to the Electricity Commission) has been breached. (d) In all other circumstances, including testing and maintenance. Matters for control No more than 150 hours per calendar year. Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Existing and predicted PM 10 ambient air quality, including the achievement of any relevant national environment standard. 2. Any measures necessary to avoid, remedy or mitigate localised adverse effects. 3. Any steps to be taken to ensure maintenance of the fuel burning equipment. 4. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and 5. Provisions of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

153 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL26C Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation outside of Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Activity The discharge of contaminants into air outside of Christchurch Clean Air Zones 1 and 2, of diesel, petrol, natural gas or liquid petroleum in any internal combustion equipment used for electricity generation which: (a) is not classified as a permitted activity or controlled activity by Rules AQL25, AQL25A, AQL25B, AQL25C, AQL26A or AQL26B; or (b) does not comply with the conditions of Rules AQL25, AQL25A, AQL25B, AQL25C, AQL26A or AQL26B; is restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. Within any Clean Air Zone, the effect of the discharge on existing and predicted PM 10 ambient air quality, including the achievement of any relevant national environment standard. 2. The PM 10 performance of the internal combustion equipment. 3. Any measures necessary to avoid, remedy or mitigate localised adverse effects. 4. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Servicing and overall stewardship of the internal combustion equipment. 6. Carrying out of measurement, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges fro other sources. 7. Provisions of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

154 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL26D External combustion of solid fuel or light fuel oil greater than 5 MW in an existing large scale fuel burning device outside of Christchurch clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from the burning, outside the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zone 1 and 2 and Ashburton Clean Air Zones 1 and 2, of coal, wood or light fuel oil in any existing external combustion equipment having a net combines heat output capacity within one property of greater than 5 megawatts is a controlled activity. For the purpose of this rule existing means a large scale fuel burning device burning coal, wood or light fuel oil, legally installed and operating: 1. on or before 25 March 2008; and 2. at the time any resource consent application is made and considered under this rule. Conditions 1. Any discharge of contaminants into air shall not be greater than that which may have been lawfully discharged on 25 March The discharge into air shall occur via a chimney stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The concentration of total suspended particulate in combustion gas discharge from all emission stacks, when measured according to the requirements described in Schedule AQL6, shall not exceed 500 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals and 8% oxygen or 12% carbon dioxide. 5. The sulphur content of fuel to be burned shall not exceed 2% by weight. Matters for control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Any measures necessary to further reduce the level of contaminants discharged into air to minimise localised adverse effects on the environment. 2. The fuel burning rate. 3. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 4. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 5. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 6. Provisions of information to the consent authority at specified times. 7. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 8. Duration of consent. 9. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

155 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL27 Large scale fuel burning devices not permitted, controlled, or restricted discretionary outside the Christchurch Clean Air Zones 1 and 2 discretionary activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from burning, outside the Christchurch Clean Air Zones 1 and 2, any fuel in any large scale fuel burning device which: (a) is not classified as a permitted activity or controlled activity by Rules AQL22 to AQL26B or AQL26D; or (b) does not comply with the conditions of Rules AQL22 to AQL26B or AQL26D; or (c) is not classified as a restricted discretionary activity by Rule AQL26C; is a discretionary activity. None Conditions Canterbury Natural Resources Regional Plan

156 October 2009/June 2011 Chapter 3 Air Quality Page Discharges to air from outdoor burning Rule AQL28 Outdoor burning of standing crop residue or vegetative stubble permitted activity Activity Subject to Rule AQL35, the discharge of contaminants into air from burning standing crop residue or vegetative stubble is a permitted activity. Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. Only small quantities of petroleum products, up to 10 litres per hectare may be used as accelerants. Note: Assessing compliance with Condition 1 is informed by Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles. Rule AQL29 Outdoor burning of vegetation, paper, cardboard and untreated wood permitted activity Activity Subject to Rule AQL35, AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of vegetation, paper, cardboard and untreated wood, and a minor and incidental amount of material specifically excluded from Rule AQL36 (a), (d), (e), (i) and (l) within that rule, but excluding standing crop residue or vegetative stubble provided for in Rule AQL28, is permitted activity. Conditions 1. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any sensitive activity that is not located on the property where burning occurs. 2. The discharge shall not occur within a residential area. For the purpose of this condition, when outdoor burning is occurring as part of a rural production land activities, a residential area does not include a property that: (a) before being rezoned to residential or living is used for rural production activities; and (b) the original area of land used for rural production activities at the time of rezoning continues to be used for rural production activities; and (c) the effects of the outdoor burning are of the same or similar character, intensity and scale to the rural management burning practices which occurred prior to rezoning. 3. Burning shall only occur of vegetation, paper, cardboard and untreated wood sourced from no more than 2 adjoining properties where that vegetation, paper, cardboard and untreated wood has been derived or used, and burning shall be undertaken on one of those properties. 4. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 5. Only small quantities of petroleum products, up to 10 litres per fire, may be used as accelerants. Note: Assessing compliance with Condition 4 is informed by Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles. Canterbury Natural Resources Regional Plan

157 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL29A Outdoor burning of vegetation, paper, cardboard and untreated wood in residential or living zones non-complying activity Activity Subject to Rule AQL35, AQL36, and AQL37, the discharge of contaminants into air in residential or living zones from the outdoor burning of vegetation, paper, cardboard and untreated wood where the residential area is: (a) Served by a kerbside collection of this waste, or (b) Is located in a township which has a refuse handling or disposal system for this waste, is a non-complying activity. This rule does not apply to land which is zoned Residential or Living in any operative district plan, and is still used predominantly for rural purposes. In this case, Rule AQL29 shall apply. Cross reference: Policy AQL4A None Conditions Canterbury Natural Resources Regional Plan

158 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL29B Outdoor burning of vegetation, paper, cardboard and untreated wood in residential and living zones permitted activity Activity Subject to Rule AQL35, AQL36, and AQL37, the discharge of contaminants into air in residential or living zone from the outdoor burning of vegetation, paper, cardboard and untreated wood is a permitted activity where the residential area is not: (a) Served by a kerbside collection services of this waste; or (b) Located in a township which has a refuse handing or disposal system for this waste, provided it complies with all of the conditions of this rule. Where any activity does not meet the conditions of this rule, it is a discretionary activity. This rule does not apply to land which is zoned Residential or Living in any operative district plan, and is still used predominantly for rural purposes. In this case, Rule AQL29 shall apply. Conditions 1. The discharge shall only occur in the months of September, October, March, or April. 2. Only vegetation, paper, cardboard, and untreated wood sourced from the property shall be burned on the property. 3. Outdoor burning shall only occur up to 3 times per calendar year on any one property. 4. The discharge shall not occur from the combustion of material with a moisture content of more than 25% dry weight, or 5. If the moisture content cannot be determined the material shall have been left to dry for at least six weeks prior to burning and within the two days prior to burning there shall have been less than 5 mm of rainfall. 6. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Cross reference: Policy AQL4A Notes: 1. Criteria for assessing compliance under this rule are outlined in: (a) Appendix AQL2 Guide to minimise smoke emissions from outdoor burning under Rule AQL29B, and (b) Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles, and (c) Appendix AQL5: Criteria for assessing offensive or objectionable odour. 2. Outdoor burning may be subject to further restrictions which must also be complied with: These may include: (a) Other rules in NRRP Chapter 3, and (b) Bylaws and controls of Territorial Authorities, Rural Fire Authorities, and the Department of Conservation. 3. Burning of standing crop stubble and/or vegetative residue is provided for in rural areas under rules AQL28. Canterbury Natural Resources Regional Plan

159 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL30 Outdoor burning of polyethylene agricultural wrap before 1 January 2011 permitted activity Activity Subject to Rules AQL35, AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of polyethylene agricultural wrap before 1 January 2011, is a permitted activity. Conditions 1. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any state highway or sensitive activity that is not located on the property where burning occurs. 2. The discharge shall not occur within a residential area or any Clean Air Zone Only polyethylene agricultural wrap used for agricultural purposes shall be burned. No other plastics, including those containing halogens or phosphorus, shall be burned. 4. Burning shall only occur of agricultural wrap sourced from no more than 2 adjoining properties where the agricultural wrap has been used, and burning shall be undertaken on one of those properties. 5. The dispersal of deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 6. Only small quantities of petroleum products, up to 10 litres per fire, may be used as accelerants. 7. Polyethylene agricultural wrap shall only be burned on top of a blazing fire fuelled by vegetation, paper, cardboard and/or untreated wood. Note: Assessing compliance with Condition 5 is informed by Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles. Rule AQL30A Outdoor burning of polyethylene agricultural wrap from 1 January 2011 but before 1 January 2014 restricted discretionary activity Activity Subject to Rule AQL35, AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of polyethylene agricultural wrap from 1 January 2011 but before 1 January 2014, is a restricted discretionary activity. Conditions 1. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any state highway or sensitive activity that is not located on the property where burning occurs. 2. The discharge shall not occur within a residential area or any Clean Air Zone Only polyethylene agricultural wrap used for agricultural purposes shall be burned. No other plastics, including those containing halogens or phosphorus, shall be burned. 4. Burning shall only occur of agricultural wrap sourced from no more than 2 adjoining properties where the agricultural wrap has been used, and burning shall be undertaken on one of those properties. 5. The dispersal of deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 6. Only small quantities of petroleum products, up to 10 litres per fire, may be used as accelerants. 7. Polyethylene agricultural wrap shall only be burned on top of a blazing fire fuelled by vegetation, paper, cardboard and/or untreated wood. Restriction of discretion Environment Canterbury will restrict its discretion to the following matters: 1. Available alternatives to burning the agricultural wrap, including the ability to recycle the agricultural wrap. 2. Any measures necessary to avoid, remedy or mitigate localised adverse effects. Canterbury Natural Resources Regional Plan

160 October 2009/June 2011 Chapter 3 Air Quality Page Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 4. Provisions of information to the consent authority at specified times. 5. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 6. Duration of consent. 7. Review of consent and the timing and purpose of the review. Note: Assessing compliance with Condition 5 is informed by Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles. Rule AQL32 Outdoor burning of animal carcasses and offal permitted activity Activity Subject to Rules AQL35, AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of animal carcasses and offal is a permitted activity. Conditions 1. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any sensitive activity that is not located on the property where burning occurs. 2. The discharge shall not occur within a residential area or any Clean Air Zone Burning shall only be undertaken when required for quarantine or disease control purposes, or where the highest recorded groundwater level at the property is less than 3 metres below the ground surface. 4. The discharge shall not result from the cremation of human remains at a crematorium approved under the Crematorium Regulations The dispersal of deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 6. Only small quantities of petroleum products, up to 10 litres per fire, may be used as accelerants. Note: Assessing compliance with Condition 5 is informed by Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles. Canterbury Natural Resources Regional Plan

161 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL33 Outdoor burning for fire fighting research and fire fighting training purposes permitted activity Activity Subject to Rules AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of vegetation and fuels for fire fighting research or fire fighting training purposes is a permitted activity. Rule AQL33A Conditions 1. The fire shall be under the control of the Rural Fire Authority, New Zealand Fire Service, Department of Conservation, New Zealand Defence Force, Christchurch International Airport Rescue Service or other nationally recognised body authorised to undertake fire fighting research or fire fighting training activities. 2. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 3. Petroleum products may be used as accelerants. Outdoor burning of buildings for purposes of training fire-fighters permitted activity Activity Subject to Rules AQL36 and AQL37, the discharge of contaminants into air from outdoor burning of buildings for the purpose of training fire-fighters is a permitted activity. Rule AQL34 Conditions 1. The fire shall be under the direct control of a member of the New Zealand Fire Service. 2. Environment Canterbury shall be notified of the intended time and location of any building fire at least 24 hours prior to the burn. 3. All properties within a 150 metres radius of the point of discharge shall be notified in writing at least 7 days prior to the training exercise. 4. Building fires shall not occur during the months of April, May, June, July, August and September within Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 or Ashburton Clean Air Zones 1 and 2. Outdoor burning not permitted by Rules AQL28 to AQL33 discretionary activity Activity Subject to Rules AQL35, AQL36 and AQL37, the discharge of contaminants into air from outdoor burning which: (a) is not classified as a permitted activity by Rules AQL28 to AQL33; or (b) does not comply with the conditions of Rules AQL28 to AQL33; is discretionary activity. None Conditions Canterbury Natural Resources Regional Plan

162 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL35 Outdoor burning in winter in Christchurch Clean Air Zones 1 and 2 non-complying activity Activity Subject to Rules AQL36 and AQL37, the discharge of contaminants into air in the Christchurch Clean Air Zones 1 and 2 from outdoor burning during the months of May, June, July and August: (a) which is not classified as a permitted activity by Rule AQL35A; or a restricted discretionary activity in accordance with Rule AQL35B; or (b) does not comply with the conditions of Rule AQL35A or AQL35B; is a non-complying activity. None Conditions Rule AQL35A Outdoor burning of diseased vegetation from production land in winter in the Christchurch Clean Air Zone 2 permitted activity Activity Notwithstanding Rule AQL35, and subject to Rules AQL36 and AQL37, during the months of May, June, July and August the discharge of contaminants into air in the Christchurch Clean Air Zone 2 from outdoor burning of diseased vegetation on production land which is zoned rural in the Christchurch City Plan, is a permitted activity. Conditions 1. Burning shall only be undertaken when the diseased material originates from production land as a result of the production of primary products, including prunings from production trees. 2. Burning shall only be undertaken when required for quarantine or disease control purposes. 3. Burning shall only occur of diseased vegetation sourced from no more than 2 adjoining properties where that vegetation has been derived or used, and burning shall be undertaken on one of those properties. 4. The amount of material to be burnt on one property at any one time shall have a footprint not greater than 4 metres by 4 metres and shall not be piled higher than 2 metres from ground level. 5. The discharge shall not occur from the combustion of material with a moisture content of more than 25% dry weight, or if the moisture content cannot be determined the material shall have been left to dry for at least six weeks prior to burning and within the two days prior to burning there shall have been less than 5 mm of rainfall. 6. The discharge shall not occur outside the hours of 8 am to 2pm. 7. The discharge shall not occur when the wind causes particles such as smoke to move towards Christchurch Clean Air Zone The discharge shall only occur if the wind speed is not less than 5 metres per second, measured at 1 metre above ground level. 9. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any sensitive activity that is not located on the property where burning occurs. 10. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 11. The burn shall be supervised at all times. 12. Equipment shall be present in order that the fire can be extinguished within a maximum time of 30 minutes by the person supervising the burn. Canterbury Natural Resources Regional Plan

163 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL35B 13. A wind speed monitor shall be present which is capable of recording the wind speed at the site of the burn 14. Environment Canterbury shall be given notice of the burn a minimum of 2 hours in advance of the burn. Notification must either be provided in writing or by contacting the Environment Canterbury pollution hotline on or any future equivalent. 15. Written records of burning shall be kept. The records shall include: (a) Condition of the material burned (b) Size of the burn (c) Time of day of the burn (d) Duration of the burn (e) Wind speed and direction during the burn (f) Equipment present to extinguish the burn (g) Supervisor present The written records shall be provided to Environment Canterbury within 24 hours of being requested. Outdoor burning of prunings from production trees and shelterbelts on production land in the Christchurch Clean Air Zone 2 in winter restricted discretionary activity Activity Notwithstanding Rules AQL35, except for Rule AQL35A, and subject to Rules AQL36 and AQL37, during the months of May, June, July and August, the discharge of contaminants into air in the Christchurch Clean Air Zone 2, from outdoor burning of prunings from production trees and shelter belts on production land zoned rural in the Christchurch City Plan is a restricted discretionary activity. Conditions 1. Burning shall only be undertaken when the prunings from production trees and shelter belts originate from production land as a result of the production of primary products. 2. Burning shall only occur of prunings from production trees and shelter belts sourced from no more than 2 adjoining properties where that vegetation has been derived or used, and burning shall be undertaken on one of those properties. 3. The discharge shall not occur within 100 metres upwind, or 50 metres in any direction, from any sensitive activity that is not located on the property where the burning occurs. Restriction of discretion Environment Canterbury s discretion is restricted to the following matters: 1. Ambient air quality effects from the discharge of contaminants to air. 2. Localised adverse effects from the discharge of contaminants to air. 3. Method of, time, size of and frequency of burning. 4. Vegetation type and condition. 5. Weather conditions under which burning may occur. 6. Practicality of removing the vegetation from the site. 7. Implications of the vegetation remaining on site until outside of the months of May, June, July and August. 8. Alternatives available to avoid or reduce the outdoor burning, including the financial implications of those alternatives. 9. Fire management controls and practices, including supervision and equipment shall be present in order that the fire can be extinguished within a maximum time of 30 minutes by any person supervising the burn. 10. Carrying out of measurements, samples, analyses, surveys, investigations, or inspection, including: (a) Recording weather conditions (b) Recording the management of the burn, including how the burn is conducted. Canterbury Natural Resources Regional Plan

164 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL Provision of information to the consent authority at specified times. 12. Consent duration. 13. Review of conditions of consent and the timing and purpose of the review. Outdoor burning of specified waste prohibited activity for which no resource consent shall be granted Activity Except as provided for in Rule AQL33A, the discharge of contaminants into air from outdoor burning any of the following materials is a prohibited activity for which no resource consent shall be granted: (a) any fuel having a sulphur content of greater than 1% by weight, other than a minor and incidental amount and not as the principal waste; or (b) wood treated with Copper-Chrome-Arsenic (CCA) or other chemicals; or (c) chip board, including particle board and laminated boards; or (d) wood is painted, stained or oiled, other than a minor and incidental amount, but specifically excluding leas based painted wood, and not as the principal waster; or (e) all plastic not described in Rule AQL30 or Rule AQL30A, including but not limited to, halogen or phosphorous containing plastics, other than a minor and incidental amount and not as the principal waste; or (f) metals and material containing metals, including but not limited to, cables; or (g) materials containing asbestos; or (h) all rubber, including but not limited to, rubber tyres; or (i) synthetic material, including but not limited to, foams, fibreglass and chemicals, other than a minor and incidental amount and not as the principal waste; or (j) tar or bitumen; or (k) used or waste oil, or (l) medical waste, pathological wastes, None Conditions Canterbury Natural Resources Regional Plan

165 Page Chapter 3 Air Quality October 2009/June 2011 quarantine waste or animal waste, but excluding animal carcasses or offal as provided for in Rule AQL32, other than a minor and incidental amount and not as the principal waste; or (m) motor vehicle parts; or (n) paint and other surface coating materials; or (o) sludge from industrial processes. Rule AQL37 Outdoor burning of any materials within a landfill site, waste transfer station or waste recovery area prohibited activity for which no resource consent shall be granted Activity Discharge of contaminants into air from outdoor burning any materials within a landfill excluding gas emissions, waste transfer station or waste recovery area is a prohibited activity for which no resource consent shall be granted. None Conditions Canterbury Natural Resources Regional Plan

166 October 2009/June 2011 Chapter 3 Air Quality Page Discharges to air from industrial or trade premises and industrial or trade processes Rule AQL38 Fugitive dust emissions from unconsolidated surfaces permitted activity Activity Discharge of contaminants into air from unsealed or unconsolidated surfaces on industrial or trade premises and/or from industrial or trade processes, not otherwise addressed by rules in the NRRP, is a permitted activity. Rule AQL39 Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Petroleum storage and transfer facilities permitted activity Activity Discharge of contaminants into air from the storage or transfer of petroleum products including vapour ventilation and displacement on industrial or trade premises including but not limited to service stations, and/or occurring during industrial or trade processes, is a permitted activity. Rule AQL40 Dry cleaning permitted activity Activity Discharge of contaminants into air from dry cleaning units recovering hydrocarbon solvents emitted from fabric washing and drying processes on industrial or trade premises and/or occurring during industrial or trade processes, is a permitted activity. Conditions 1. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that is has an adverse effect on the environment. Conditions 1. The discharge shall not contain chlorofluorocarbons. 2. The total mass of hydrocarbons discharged shall not exceed 5 kilograms per day or 50 kilograms per month. 3. A record shall be kept of the type and quantity of hydrocarbon cleaning solvents used each month, and the quality of solvents recovered each month. This record shall be held and provided to Environment Canterbury before 31 March each year. 4. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. Canterbury Natural Resources Regional Plan

167 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL41 Metal work processes permitted activity Activity On industrial or trade premises and/or from industrial or trade processes, the discharge of contaminants into air from: (a) mechanical grinding; or (b) cutting and shaping by application of heat; or (c) machining; or (d) welding; or (e) soldering; or (f) arc air gouging of metals is a permitted activity. Rule AQL41A Conditions 1. The activity must either: (a) be undertaken in the open air, at least 20 metres from any sensitive activity beyond the boundary of the property where the discharge originates; or (b) be undertaken inside an enclosed building; or (c) result from installation, repair, or construction of a structure which is fixed to the property on which the activity occurs or is appurtenant to that structure. 2. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 3. The discharge of odour shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Metal work processes subject to Rule AQL41 but which do not comply with the conditions in that rule restricted discretionary activity Activity The discharge of contaminants to air from metal work processes subject to Rule AQL41 but which do not comply with one or more of the conditions in that rule is a restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and to avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The location of the discharge. 4. Available measurements, samples, analyses, surveys, investigations or inspections. 5. Provision of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

168 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL42 Existing handling of bulk materials permitted activity Activity Discharge of contaminants into air from existing extraction, handling, processing, conveying, or storage of bulk materials on industrial or trade premises or involving, or as part of, industrial or trade processes, where the activity was lawfully established on site on or before 1 June 2002, and where a permit or resource consent for the discharge to air was not required on or before 1 June 2002, is a permitted activity. For the purposes of this rule existing means the extraction, handling, processing, conveying, or storage of bulk materials which was operating on, or within the 12 months before, 1 June Rule AQL42A Conditions 1. The extraction, handling, processing, conveying, or storage of bulk materials shall not have been discontinued for a continuous period of more than 12 months. 2. There shall be no increase in the scale, intensity, frequency or duration of the effects of the discharge of contaminants into air from the activity. 3. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 4. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. Handling of bulk materials as part of a quarry or mining activity not permitted by Rule AQL42 permitted activity Activity Except as provided in Rule AQL42, discharge of contaminants into air from existing extraction, handling, processing, conveying, or storage of bulk materials as part of a quarry or mining activity which is not undertaken within a permanent structure which is fully enclosed on industrial or trade premises or involving, or as part of, industrial or trade processes, where: (a) the rate of open cast extraction does not exceed: (i) 100 tonnes per hour, or (ii) 250 tonnes per hour and tonnes per calendar day if the extraction does not occur for more than 21 days per calendar year; and (b) the rate of size reduction, screening, processing or pneumatic conveyance does not exceed 100 tonnes per hour; and (c) the quantity of material handled (other than in the processes described in (b)) Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. If the rate of size reduction, screening, processing or pneumatic conveyance exceeds 50 tonnes per hour in any one hour, any discharge of contaminants to air shall not be located within: (a) 200 metres of any sensitive activity located on a different property; and (b) if the activity involves blasting, 500 metres of any sensitive activity located on a different property. Canterbury Natural Resources Regional Plan

169 Page Chapter 3 Air Quality October 2009/June 2011 does not exceed: (i) 100 tonnes per hour, or (ii) 250 tonnes per hour and tonnes per calendar day if the handling does not occur for more than 21 days per calendar year; and (d) the amount of bulk material stored does not exceed tonnes at any time when the material is of a particle size of less than 3.5 millimetres; is a permitted activity. Rule AQL42B Handling of bulk materials not part of a quarry or mining activity and not permitted by Rule AQL42 permitted activity Activity Except as provided in Rule AQL42, discharge of contaminants into air on industrial or trade premises or involving, or as part of, industrial or trade processes from the extraction, handling, processing, conveying, or storage of bulk materials that is not part of a quarrying or mining activity and which is not undertaken within a permanent structure which is fully enclosed, where: (a) the rate of size reduction, screening, processing or pneumatic conveyance, including associated handling of material, does not exceed 100 tonnes per hour; and (b) the quantity of material handled does not exceed 100 tonnes per hour; and (c) the amount of bulk material stored does not exceed at any time tonnes when the material is of a particle size of less than 3.5 millimetres; is permitted activity. Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. If the rate of size reduction, screening, processing or pneumatic conveyance, including associated handling of material is not located within a permanent structure which is fully enclosed, and exceeds 50 tonnes per hour in any one hour, any discharge of contaminants to air shall not be located within: (a) 200 metres of any sensitive activity located on a different property; and (b) if the activity involves blasting, 500 metres of any sensitive activity located on a different property. Canterbury Natural Resources Regional Plan

170 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL42C Handling of bulk materials at the Port of Lyttelton restricted discretionary activity Activity Except as provided for in Rules AQL42 and AQL42B, the discharge of contaminants into air on industrial or trade premises or involving, or as part of, industrial or trade processes from the extraction, handling, conveying, or storage of bulk materials: (a) on land shown as LP on the Maps S1, S2 and S3 in Schedule AQL7, and; (b) on land (excluding the Coastal Marine Area) within the Boundary of the Operational Area of the Port of Lyttelton as shown on Map 5.1 in Schedule AQL7, is a restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. Avoiding, remedying or mitigating the effects from the discharge of dust on the landward side of the CMA and beyond the boundary of the Lyttelton Port Zone. 2. Available measurements, samples, analyses, surveys, investigations, or inspection. 3. Provisions of information to the consent authority at specified times. 4. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 5. Duration of consent. 6. Review of conditions of consent and the timing and purpose of the review. Note: The Lyttelton Port Zone is shown as LP on Maps S1, S2 and S3, from the Banks Peninsular District Council Proposed District Plan, in Schedule AQL7. Rule AQL43 Seed cleaning permitted activity Activity On industrial or trade premises or involving, or as part of, industrial or trade processes, the discharge of contaminants into air from: (a) cleaning; or (b) conveying; or (c) packaging; or (d) processing; or (e) handling; or (f) storage; of seeds is a permitted activity. Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. Surfaces adjacent to the seed cleaning plant, including buildings, plant/equipment and ground surfaces, shall be cleaned as regularly as necessary to prevent wind-blown dispersal or deposition of particles beyond the boundary of the property where the discharge originates. Canterbury Natural Resources Regional Plan

171 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL44 Clay firing permitted activity Activity Subject to Rules AQL13, AQL15, AQL16, AQL17, AQL22, AQL25, AQL26 and AQL27, on industrial or trade premises or involving, or as part of, industrial or trade processes, the discharge of contaminants into air from the production of less than 50 kilograms dry weight per day of clay materials or glazing materials by firing in kilns heated by electricity or combustion of natural gas or liquid petroleum gas is a permitted activity. Rule AQL45 Conditions 1. The discharge of odour beyond the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 2. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Laboratory fume cupboards in educational institutions permitted activity Activity The discharge of contaminants into air form laboratory fume cupboards in schools, universities, polytechnics or other institutions where the fume cupboard is only used for educational purposes is a permitted activity. Rule AQL46 Conditions 1. Contaminants shall be discharged vertically into air via an emission stack above the maximum height of the ridge line of the roof of any building, land or other substantial structure within 15 metres of the stack. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 3. The discharge of odour shall not cause an objectionable or offensive effect. 4. The discharge shall not be noxious or dangerous. 5. The discharge shall not cause corrosion to any structure beyond the boundary of the property where the discharge originates. Commercial laboratory fume cupboards permitted activity Activity The discharge of contaminants into air form laboratory fume cupboards used for commercial purposes located on industrial or trade premises or used for industrial or trade processes, but excluding fume cupboards provided for in Rule AQL45, is a permitted activity. Conditions 1. Contaminants shall be discharged vertically into air via an emission stack at a height of at least one metre above the maximum height of the ridge line of the roof of any building, land or other substantial structure within 15 metres of the stack. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 3. The emission stack shall comply with New Zealand Standard : Safety in Laboratories Part 8 Fume Cupboards. 4. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 5. The discharge shall not cause corrosion to any structure beyond the boundary of the property where the discharge originates. 6. The discharge shall not be noxious or dangerous. Canterbury Natural Resources Regional Plan

172 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL47 Wood waste generating processes permitted activity Activity On industrial or trade premises and from industrial or trade processes, the discharge of contaminants into air from the: (a) generation; or (b) conveyance; or (c) collection; or (d) storage; or (e) filtration; of wood waste, is a permitted activity. Rule AQL48 Conditions 1. The storage of wood shavings and sawdust shall be in a covered hopper or container. 2. Surfaces where wood waste may accumulate shall be cleaned at a frequency so as to prevent wind-blown dispersal or deposition of wood particles beyond the boundary of the property where the discharge originates. 3. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Discharges of heat, steam or water vapour permitted activity Activity Discharge of heat, steam or water vapour into air from industrial or trade premises or from industrial or trade processes, including discharges from cooling towers or air-cooled heat exchangers is a permitted activity. Rule AQL49 Conditions 1. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 3. Cooling towers and heat exchangers shall be maintained as often as necessary to minimise the discharge of contaminants into air, including but not limited to, corrosive products and micro-organisms. Food or animal product cooking and processing permitted activity Activity On industrial or trade premises or from industrial or trade processes, the discharge of contaminants into air, from: (a) frying, roasting, baking, cooking and processing by application of heat to animal or plant matter; or (b) cooking by smoking of animal or plant matter; or (c) processing by application of heat to animal or plant matter associated with carpet manufacture; but excluding: Conditions 1. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 2. The dispersal or deposition of particles or liquid droplets shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Canterbury Natural Resources Regional Plan

173 Page Chapter 3 Air Quality October 2009/June 2011 (d) extraction, distillation or purification of animal fats, other than as a process incidental to the cooking of food; or (e) rendering and reduction of animal matter by application of heat; or (f) the processing of skins, including fellmongery and tanning; is a permitted activity. Rule AQL49A Food or animal product cooking and processing subject to Rule AQL49 but which do not comply with conditions in that rule restricted discretionary activity Activity The discharge of contaminants into air from food or animal products cooking and processing subject to Rule AQL49 but which do not comply with one or more of the conditions in that rule is a restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The location of the discharge. 4. Available measurements, samples, analyses, surveys, investigations, or inspection. 5. Provision of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

174 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL50 Fumigation permitted activity Activity The discharge of contaminants into air during fumigation on industrial or trade premises or from industrial or trade processes, is a permitted activity. Rule AQL51 Water blasting permitted activity Activity The discharge of contaminants into air from water blasting on industrial or trade premises or associated with industrial or trade processes, is a permitted activity. Rule AQL52 Conditions 1. The discharge shall not include ethylene dibromide, ethylene oxide, methyl bromide, hydrogen cyanide, phosphine or chloropicrin. 2. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 3. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 4. The discharge shall not be noxious or dangerous. Conditions 1. There shall be no blast water containing contaminants entering surface waterways through discharge into air. 2. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 3. At the completion of blasting each day all blast debris shall be collected or covered, so far is practicable, such that there is no discharge of wind-blown debris into air. 4. At the completion of the blasting all blast debris shall be collected, so far as is practicable. Dry or wet abrasive blasting within an enclosed booth permitted activity Activity The discharge of contaminants into air from dry or wet abrasive blasting on industrial or trade premises or from industrial or trade processes, is a permitted activity. Conditions 1. The abrasive blasting shall be undertaken within an enclosed booth. 2. The enclosed both shall be fitted with an air extraction system discharging all contaminants and exhaust air to an emission stack or vent. 3. The discharge from the extraction system shall be at least 50 metres from any sensitive activities established prior to the commencement of blasting operations at the subject site. 4. The free silica content of a representative sample of the blast material shall be less that 5% by weight. 5. The discharge shall be via a filtered extraction system that removes at least 95% of particulate matter from the discharge. The filtration system shall be maintained to ensure that this particulate removal efficiency is achieved at all times. 6. There shall be no blasting of lead-based paints. 7. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Canterbury Natural Resources Regional Plan

175 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL52A Temporary dry or wet abrasive blasting outside an enclosed booth of network utility or electricity generation infrastructure permitted activity Activity Except where permitted by Rules AQL51 or AQL52, the discharge of contaminants into air from temporary dry or wet abrasive blasting of network utility infrastructure or electricity generation infrastructure outside of an enclosed booth on industrial or trade premises or from industrial or trade processes is a permitted activity. For the purposes of this rule network utility infrastructure means infrastructure operated by a network utility operator as defined in Section 2 of the Resource Management Act Conditions 1. The discharges to air shall only be from the operation of a mobile abrasive blasting unit used at any one site for no more than 10 days in any 12 month period. 2. Abrasive blasting shall only be undertaken when it is impracticable or unreasonable to remove or dismantle or transport a fixed object or structure to be cleaned to an abrasive blasting booth. 3. The maximum quantity of dry abrasive blast media used shall not exceed 60 kilograms per hour. 4. The abrasive blasting unit discharge shall be only from: (a) dry abrasive blasting using: garnet; sodium bicarbonate; crushed glass; or agricultural sourced media such as crushed corn cobs, walnuts; or (b) wet abrasive blasting using only water. 5. The free silica content of a representative sample of the blast material shall be less than 5% by weight. 6. There shall be no blasting of lead-based paints. 7. The discharge of particulate matter shall be contained within the immediate area of the abrasive blasting so that particulate does not escape into the environment. 8. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 9. The person discharging contaminants shall inform the Canterbury Regional Council of the location, duration, date, type of abrasive blast material, nature of any chemicals to be used, blasting methods and measures for minimising the dust emissions; at least two days prior to the proposed commencement of any activities involving any abrasive blasting. Canterbury Natural Resources Regional Plan

176 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL53 Small scale spray coating not within a spray booth permitted activity Activity On industrial or trade premises or from industrial or trade processes, the discharge of contaminants into air from spray application of paint or adhesive coating materials: (a) using not more than 0.5 litre of coating material per hour and not more than 5 litres of coating material per month; or (b) using not more than 5 litres of coating material per hour and not more than 20 litres of coating material per month, at a location at least 100 metres from any sensitive activity beyond the boundary of the property where the spray coating is undertaken; or (c) on surfaces of fixed structures that cannot practicably be dismantled and transported to a spray booth; is permitted activity. Rule AQL54 Conditions 1. The coating material shall not contain di-isocyanates or organic plasticisers. 2. The discharge shall occur at least 10 metres from any sensitive activity beyond the boundary of the property where spray coating is undertaken. 3. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 4. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. Small scale spray coating within a spray booth permitted activity Activity On industrial or trade premises or from industrial or trade processes, the discharge of contaminants into air from spray application of liquid paint, dye or adhesive coating materials, undertaken in a spray booth: (a) using not more than 2 litres per hour of coating material; and (b) using not more than 10 litres per day of coating material; and (c) using not more than 100 litres per month of coating material; is a permitted activity. Conditions 1. The spray booth shall be fitted with an air extraction system discharged vertically all contaminants and exhaust air to an emission stack. 2. The emission stack shall be a height of at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a radius, from the stack, of 35 metres. 3. The discharge shall be directed vertically into the air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 4. The discharge shall be via a filtration system that removes at least 95% of particulate matter from the discharge. The filtration system shall be maintained to ensure that this particulate removal efficiency is achieved at all times. 5. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 6. The dispersal and deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 7. A record shall be kept of the type and quantity of liquid paint, dye and coating material used each month. This record shall be held and provided to Environment Canterbury before 31 March each year. Canterbury Natural Resources Regional Plan

177 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL55 Printing processes using water-based inks permitted activity Activity On industrial or trade premises or from trade processes, the discharge of contaminants into air from printing processes using only water based inks, dyes and additive is a permitted activity. Rule AQL56 Workplace ventilation permitted activity Activity Discharge of contaminants into air via windows, doors and vents as a result of ventilation of buildings on industrial or trade premises or from industrial or trade processes not permitted under Rules AQL38 to AQL55 or Rules AQL63 to AQL68 is a permitted activity, excluding: (a) discharges that are a discretionary activity for which a resource consent is required under Rule AQL69; and (b) the discharge of priority hazardous air pollutants identified in Schedule AQL1 and other hazardous air pollutants identified in Schedule AQL2; and (c) processes discharging contaminants directly to air outside the building via an emission stack or treatment system (other than passive filterers for the removal of particulate matter); and Conditions 1. The discharge to air from photocopying, photographic development and printers serving computers are not required to comply with conditions 2 to 4 and 8 of this rule. 2. The undiluted water based inks, dyes and additives used shall contain less than 5% volatile organic compounds by weight. 3. The discharge into air from each printing machine and drying oven shall occur via an emission stack or vent above the roof of the building containing the printing equipment. 4. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 5. The total quantity of hydrocarbon solvents discharged shall not exceed the 5 kilograms per day or 50 kilograms per month, calculated from the maximum quantities stated in the material safety data sheets for the inks used. 6. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 7. The dispersal and deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 8. A record shall be kept of the quantity and type of printing ink or dye used each month. This record and material safety data sheets for all printing inks and dyes used shall be held and provided to Environment Canterbury on request. Conditions 1. The dispersal and deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 2. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 3. The discharge shall not cause corrosion to any structure beyond the boundary of the property where the discharge originates. 4. The concentration of contaminants in the workplace, immediately prior to discharge, shall not exceed the maximum concentration requirements for those contaminants specified in the Workplace Exposure Standards 1994, Occupational Safety and Health Service of the Department of Labour. Canterbury Natural Resources Regional Plan

178 October 2009/June 2011 Chapter 3 Air Quality Page (d) application of fibreglass at a rate of more than 1 kilogram per hour, except for applications of no more than 25 kilograms of fibreglass for the purpose of: (i) the repair and maintenance of fixed plant at a frequency of no more than 4 times per year and where the point of discharge from the ventilation is more than 50 metres from a sensitive activity located on an adjoining sire; or (ii) the unforeseen urgent repair of fixed plant. Rule AQL56A Maintenance or idle-testing of aircraft engines outside of buildings in the Christchurch Clean Air Zone 2 permitted activity Activity Outside buildings in the Christchurch Clean Air Zones 2, the discharge of contaminants from exhaust products from maintenance or idle-testing, of aircraft engines. Conditions 1. At all times during maintenance and testing the aircraft engine shall be attached to an aircraft and that aircraft shall be mobile (although that aircraft may be stationary). 2. The activity shall be located within the runway, apron or other hard surface areas within the operational area of Christchurch International Airport. 3. The activity shall not be located on any trade and industrial premises for which a consent has been obtained under Rule AQL56B. Canterbury Natural Resources Regional Plan

179 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL56B Aircraft engine testing, repair or maintenance on an industrial or trade premises in the Christchurch Clean Air Zone 2 restricted discretionary activity Activity On an industrial or trade premises in the Christchurch Clean Air Zone 2, the discharge of contaminants from exhaust products from the testing, repair or maintenance of aircraft engines. Conditions 1. The discharge into air shall occur from a height of at least 13 metres above ground level, and at least one metre above the roof ridge line of any building within a distance of five times the height of that building. 2. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the discharge point which decreases the vertical efflux velocity, below that which would occur in the absence of such obstruction. 3. The discharge shall not occur for more than 12 hours in any 24-hour period. 4. The discharge shall not cause any odour or deposited particulate material, which is offensive or objectionable beyond the grounds of the property on which the consent is exercised. Restriction of discretion Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Any measures necessary to ensure the ability of the premise to disperse contaminants including height, and design of the discharge structure and emission velocity. 2. Any steps to be taken to ensure maintenance of the discharge equipment. 3. Assessing the appropriateness of the location of the aircraft engine testing repair or maintenance facility. 4. Carrying out of measurements, samples, analyses, surveys, investigation, or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 5. Provision of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Duration of conditions of consent and the timing and purpose of the review. 9. The quality of fuel. 10. Any measure necessary to avoid, remedy or mitigate localised adverse effects. Canterbury Natural Resources Regional Plan

180 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL57 Industrial or trade premises and processes not complying with Rules AQL38 to AQL56 or not otherwise identified discretionary activity Activity The discharge of contaminants into air from: (a) any industrial or trade premises or any industrial or trade process explicitly excluded from Rules AQL38 to AQL56; (b) any industrial or trade premises or industrial or trade process that does not comply in all respects with the conditions specified in Rules AQL38 to AQL56 as applicable for a permitted activity; or (c) any industrial or trade premises that is not otherwise expressly provided for by the rules of the NRRP; is a discretionary activity, provided that nothing in this rule applies to any discharge to air that is prohibited activity under the NRRP. None Conditions Note: Those discharges to air likely to require resource consent under this rule include, but are not restricted to, discharges to air from the following activities: Some abrasive blasting outside Acid production and use Adhesives manufacture Agricultural chemical manufacture Anodising, galvanising and electroplating Asphalt production Brewing of alcoholic beverages Brickworks Cement manufacture Cooking or processing of animal or plant matter (raw material capacity > 100 kg/hr) Enamelling Fellmongery Fertiliser manufacture and bulk handling Fibreglass application at a rate > 1 kg/hr Flour milling Foam manufacture Fumigation processes using ethylene dibromide, ethylene, oxide, methyl bromide, hydrogen cyanide or phosphine Freezing works Glass manufacture Hydrocarbon manufacture, refining or purification Ink and dye manufacture Isocyanate-containing materials production and use (excluding spray coating processes in booth using < 2 L/hr) Laminating using adhesives and resins Metal melting, including foundries and smelters, but excluding welding and soldering Milk treatment and drying Oil refining Oil well flaring Paint manufacture Paper manufacture Particle board and plasterboard production Pharmaceutical product manufacture Powder coating processes (excluding filtered discharge to internal workplace air according to OSH requirements) Printing processes using solvent-based inks (> 5% organic solvent content by weight) Radioactive materials production or usage (excluding use for medical purposes) Rendering of animal matter by application of heat Resins, lacquers and plastics manufacture Rubber manufacture Seed cleaning plants < 100 m from existing sensitive activities Soap and detergent manufacture Spray painting in a booth, using > 2 L/hr Spray painting in the open using isocyanate-based coatings Stock food production Stripping by immersion using hydrocarbon solvents Tanning of hides Timber drying kilns Timber mills and joinery factories discharging wood waste < 50 m from existing sensitive activities Tyre buffing Woolscouring and dag crushing The above list is not all-inclusive. It is likely that there will be other discharges to air form industrial or trade premises, not listed, that require resource consent under this rule. Canterbury Natural Resources Regional Plan

181 Page Chapter 3 Air Quality October 2009/June Discharge to air from intensive farming Rule AQL58 Intensive farming established on or before 1 June 2002 permitted activity Activity Discharge of contaminants into the air form intensive farming that was established at a permanent site on or before 1 June 2002, and where a resource consent was not required for the discharge of contaminants into air from that activity on or before 1 June 2002, is a permitted activity. Note: Condition 1 is specific to the effects of the discharge to air only, not the scale of the activity. Conditions 1. There shall be no increase in the scale, intensity, frequency or duration of the effects of the discharge of contaminants into air from the activity. 2. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment, to be determined in accordance with Appendix AQL5. 3. The dispersal and deposition of particles shall not cause a noxious, dangerous, objectionable or offensive effect beyond the boundary of the property where the discharge originates. Rule AQL58A Intensive farming subject to Rule AQL58 but which does not comply with any of the conditions in that rule restricted discretionary activity Activity The discharge of contaminants to air from intensive farming subject to Rule AQL58 but which does not comply with one or more of the conditions in that rule is a restricted discretionary activity. None Conditions Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The location of the discharge. 4. The efficient use and development of the physical resources of the existing intensive farm. 5. The relevant zone(s) and associated provisions in the Operative District Plan. 6. Availability measurements, samples, analyses, surveys, investigations, or inspection. 7. Provision of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

182 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL59 Intensive poultry farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 permitted activity Activity Except as provided for in Rule AQL58 and AQL58A, the discharge of contaminants into air from intensive poultry farming where less than 2000 poultry are held at any one time, is a permitted activity. Conditions 1. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 2. The dispersal and deposition of particles shall not cause a noxious, dangerous, objectionable or offensive effect beyond the boundary of the property where the discharge originates. Rule AQL60 Intensive broiler and breeder poultry farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 controlled activity Activity Except as provided for in Rule AQL58, AQL58A and AQL59, the discharge of contaminants into air from intensive poultry farming where not more than broiler and breeder poultry are held at any one time is a controlled activity. None Conditions Matters for control Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The relevant zone(s) and associated provisions in the Operative District Plan. 4. Available measurements, samples, analyses, surveys, investigations, or inspection. 5. Provision of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

183 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL60A Intensive poultry farming not otherwise permitted by Rule AQL59 or controlled by Rule AQL60 restricted discretionary activity Activity Except as provided for in Rules AQL58, AQL58A, AQL59 and AQL60, the discharge of contaminants into air from intensive poultry farming is a restricted discretionary activity. Note: The relevant district plan may contain rules which set out additional separation distance requirements. Conditions Any discharge of contaminants into air shall not be located within 200 metres of any sensitive activity located on a different property. Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The relevant zone(s) and associated provisions in the Operative District Plan. 4. Available measurements, samples, analyses, surveys, investigations, or inspection. 5. Provision of information to the consent authority at specified times. 6. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 7. Duration of consent. 8. Review of conditions of consent and the timing and purpose of the review. Canterbury Natural Resources Regional Plan

184 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL61 Intensive pig farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 restricted discretionary activity Activity Except as provided for in Rules AQL58 and AQL58A, the discharge of contaminants into air from intensive pig farming is a restricted discretionary activity. Rule AQL62 None Conditions Restriction of discretion Environment Canterbury has restricted its discretion to the following matters: 1. The quantity, quality and type of discharge and any effects arising from that discharge. 2. The methods to minimise the discharge and avoid, remedy or mitigate any adverse effects of the discharge including the adequacy of the control measures for the collection, containment, management and treatment of the discharge, as well as the type and adequacy of control equipment and preparation of management plans. 3. The location of the discharge. 4. The efficient use and development of the physical resources of the existing intensive farm. 5. The relevant zone(s) and associated provisions in the Operative District Plan. 6. Available measurements, samples, analyses, surveys, investigations, or inspection. 7. Provision of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Intensive farming not subject to Rules AQL58 to AQL61 discretionary activity Activity Conditions The discharge of contaminants into air from any None intensive farming that is not identified as a permitted, controlled or restricted discretionary activity in Rules AQL58 to AQL61 is a discretionary activity, provided that nothing in this rule applies to any discharge to air that is a prohibited activity under the NRRP. Note: Those discharges to air likely to require resource consent under this rule include, but are not restricted to, discharges to air from mushroom production for commercial purposes and beef feedlots. This is not all inclusive. It is likely that there will be other intensive farming activities, not listed, that require resource consent under this rule. Canterbury Natural Resources Regional Plan

185 Page Chapter 3 Air Quality October 2009/June Discharges to air from waste management processes Rule AQL63 Waste management processes established on or before 1 June 2002 permitted activity Activity Discharge of contaminants into air from the storage, transfer, treatment or disposal of liquid or sold waste, excluding combustion of waste, that was established on or before 1 June 2002, and where a resource consent was not required for the discharge of contaminants into air from that activity on or before 1 June 2002, is a permitted activity. Conditions 1. The discharge shall not involve the treatment or discharge of hazardous substances. 2. There shall be no increase in the scale, intensity, frequency or duration of the effects of the discharge of contaminants into air from the activity. 3. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that is has an adverse effect on the environment. 4. The dispersal or deposition of particles shall not cause a noxious, dangerous, objectionable or offensive effect beyond the boundary of the property where the discharge originates. Rule AQL63A Disposal of clean fill material resulting from the maintenance, operation and minor improvements to legal road permitted activity Activity Except as permitted by Rule AQL63, the discharge of contaminants into the air from the disposal of clean sill material associated with the maintenance, operation and minor improvements of legal road is a permitted activity. For the purposes of this rule, cleanfill material includes virgin natural materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of: 1. combustible, putrescible, degradable or leachable components 2. hazardous substances; 3. products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; 4. materials that may present a risk to human or animal health such as medical and veterinary waste, asbestos or radioactive substances; 5. liquid waste. For the purpose of this rule urban area means an area that is a city, town, village, residential area or Conditions 1. The discharge to air shall not occur within an urban area. 2. The discharge to air shall not occur within 300 metres of a sensitive activity located on an adjoining property. Condition 2 shall not apply where the written approval to the discharge to air of the owner and occupier of the adjoining property upon which the sensitive activity is located has been obtained 3. The dispersal or deposition of particles shall not cause offensive or objectionable effects on the environment beyond the boundary of the property from which the discharge originates. Canterbury Natural Resources Regional Plan

186 October 2009/June 2011 Chapter 3 Air Quality Page collection of workplaces and is specified in an operative district planning map as a residential, living, commercial, business or industrial zone, or a zone of similar effect. Rule AQL65 Application of effluent to land permitted activity Activity The discharge of contaminants into air from the application of animal effluent and solid animal waste onto production land, is a permitted activity. Rule AQL66 Conditions 1. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that is has an adverse effect on the environment. 2. The dispersal or deposition of particles or liquid droplets shall not cause a noxious, dangerous, objectionable or offensive effect beyond the boundary of the property where the discharge originates. 3. When requested by Environment Canterbury, the effluent applicator shall keep a record of the effluent discharged including the following information: (a) the type of effluent applied to land; (b) the estimated daily quantity of effluent applied to land in cubic metres; (c) the location of the effluent application; and (d) the wind direction at the time of application. These records shall be made available to Environment Canterbury upon request. Small scale human sewage treatment and disposal established after 1 June 2002 or not lawfully established on or before 1 June 2002 permitted activity Activity Except as permitted by Rule AQL63, the discharge of contaminants into air from treatment and disposal of less than 50 cubic metres per day of human sewage effluent is a permitted activity. Conditions 1. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that is has an adverse effect on the environment. 2. The dispersal or deposition of particles or liquid droplets shall not cause a noxious, dangerous, objectionable or offensive effect beyond the boundary of the property where the discharge originates. 3. Except where the discharge is from a single dwelling or other source discharging less than 2 cubic metres per day, the treatment system and any surface irrigation of effluent shall be at least 20 metres from the boundary of the property where the system is sited. 4. There shall be no uncovered storage of screened solids or uncovered drying and storage of sludge. 5. Spray irrigation, excluding trickle irrigation, and storage of effluent in uncovered vessels, including oxidation ponds, shall occur at least 50 metres from the boundary of the property where the effluent treatment and disposal system is sited and at least 150 metres from any sensitive activity beyond the boundary of that property. Canterbury Natural Resources Regional Plan

187 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL67 Offal pits established after 1 June 2002 or not established on or before 1 June 2002 permitted activity Activity Except as permitted by Rule AQL63, the discharge of contaminants into air from disposal and decay of animals or animal parts or biodegradable wastes in offal pits is a permitted activity. Rule AQL69 Conditions 1. Offal not completely covered with impermeable material or soil shall not be located within 150 metres of any sensitive activity located on a different property. 2. Offal that is completely covered with impermeable material or soil shall not be located within 50 metres of any sensitive activity located on a different property. 3. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 4. No sewerage effluent shall be deposited in the offal pit. 5. The accurate location, on a 1:50,000 or large scale map of the property, of any offal pit shall be provided to Environment Canterbury within 7 days of request. Waste management processes not permitted in Rules AQL63 to AQL67 discretionary activity Activity The discharge of contaminants into air from any waste management process that: (a) does not comply in all respects with the conditions specified in Rules AQL63 to AQL67 as applicable for a permitted activity; is a discretionary activity, provided that nothing in this rile applies to any discharge to air that is prohibited activity under the NRRP. None Conditions Note: Those discharges to air likely to require resource consent under this rule include, but are not restricted to air from the following activities: Cremation Commercial composting operations including mushroom farm compost production Incineration of wastes Land application of industrial effluent Landfills and waste transfer facilities Disposal of medical wastes Municipal sewage treatment plants The above list is not all-inclusive. It is likely that there will be other waste management processes, not listed, that require resource consent under this rule. Canterbury Natural Resources Regional Plan

188 October 2009/June 2011 Chapter 3 Air Quality Page Discharge of agrichemicals Rule AQL70 Ground-based application of agrichemicals using hand-held application techniques permitted activity Activity Discharge of chemicals into the air from groundbased application using hand-held application techniques is a permitted activity. Conditions 1. The application of the agrichemical shall be undertaken in a manner that does not exceed any rate specified in the agrichemical manufacturer s instructions. 2. Where agrichemicals are applied by a contractor, the contractor shall by 1 January 2003: (a) hold a current Registered Chemical Applicators GROWSAFE Certificate, or hold a current equivalent nationally recognised qualification; or (b) be under the direct supervision of a person holding the qualifications in condition 2(a) of this Rule. 3. The application of agrichemicals in public amenity areas and alongside roadways, but excluding road frontage areas where agrichemicals are applied by the residents or owners of an adjoining property, shall only occur when: (a) the principal contractor holds a current Registered Chemical Applicators GROWSAFE Certificate or holds a current equivalent nationally recognised qualification; and (b) each employee of the principal contractor shall hold a current Introductory GROWSAFE Certificate, or hold a current equivalent nationally recognised qualification; and (c) in public amenity areas, signs clearly advising that spraying is in progress are placed within the immediate vicinity of the activity immediately prior to commencing spraying, and maintained in place until the re-entry period for the particular chemical has expired; and (d) alongside roadways, vehicles associated with the spraying of agrichemicals shall display prominent signs (front and back) advising that spraying is in progress. Signage is to be in accordance with the specific requirements of the Land Transport Safety Authority. 4. The discharge of odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 5. The dispersal or deposition of agrichemical particles shall not cause a noxious, dangerous, offensive or objectionable effect beyond the boundary of the property on which the agrichemicals are applied. 6. When spraying on production land which abuts other production land is to be undertaken within 5 metres of the property boundary, the spray nozzle(s) used on the agrichemical spray unit shall be configured to produce a spray quality that is no finer than coarse. For the purpose of this condition, coarse spray quality is as per the classification set out in British Crop Protection Council (BCPC) International BCPC Spray Classification System (1997) and in accordance with the American Society of Agricultural Engineers (ASAE) Standard 5572 (2004). Canterbury Natural Resources Regional Plan

189 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL71 Ground-based application of agrichemicals using techniques other than hand-held application permitted activity Activity Discharge of chemicals into the air from groundbased application using techniques other than handheld application is a permitted activity. Conditions 1. The application of the agrichemical shall be undertaken in a manner that does not exceed any rate specified in the agrichemical manufacturer s instructions. 2. Where agrichemicals are applied: (a) every person, other than an agrichemical contractor, applying agrichemicals for commercial purposes shall be: (i) under training for, or hold, a current GROWSAFE Introductory Certificate, or an equivalent nationally-recognised qualification, or (ii) be under direct supervision of a person holding a GROWSAFE Applied Certificate or GROWSAFE Registered Chemical Applicators Certificate, or an equivalent nationally-recognised qualification; and (b) every agrichemical contractor applying agrichemicals for commercial purposes shall hold a GROWSAFE Registered Chemical Applicators Certificate, or an equivalent nationally-recognised qualification. For the purpose of this condition commercial purposes means an activity undertaken for hire or reward or part of managing land for productive purposes. 3. The application of agrichemicals in public amenity areas and alongside roadways, but excluding road frontage areas where agrichemicals are applied by the residents or owners of an adjoining property, shall only occur when: (a) in public amenity areas, signs clearly advising that spraying is in progress are placed within the immediate vicinity of the activity immediately prior to commencing spraying, and maintained in place until the re-entry period for the particular chemical has expired; and (b) alongside roadways, vehicles associated with the spraying of agrichemicals shall display prominent signs (front and back) advising that spraying is in progress. Signage is to be in accordance with the specific requirements of the Land Transport Safety Authority. 4. The discharge of the odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 5. The dispersal or deposition of agrichemical particles shall not cause a noxious, dangerous, offensive or objectionable effect beyond the boundary of the property on which the agrichemicals are applied. 6. The owner or occupier of the property upon which spraying is to be undertaken must provide advance notification of the spraying to the owner or occupier of any adjoining property: (a) on which a sensitive activity is located within: (i) 2 metres, with a shelter belt, of a boom sprayer; or (ii) 10 metres, without a shelter belt, of a boom sprayer; or (iii) 10 metres, with a shelter belt, of an orchard airblast sprayer; or (iv) 30 metres, without a shelter belt, of an orchard airblast sprayer; or (b) any person who is in residence within 100 metres of the area where agrichemicals are applied and who has requested that they be notified of agrichemical spraying on the property; (c) where an agrichemical spray sensitive crop or farm system is located and the owner or occupier of the adjoining property has requested notification within the 12 month period before the spraying occurs. Advance notification of spraying must be given by providing the adjoining owner or occupier with either: (i) written notification of each spraying application, at least one week prior to each application; or Canterbury Natural Resources Regional Plan

190 October 2009/June 2011 Chapter 3 Air Quality Page (ii) if requested by the adjoining owner or occupier, a written annual or seasonal property spray plan, which may be in the form identified in Appendix AQL6, at the beginning of each year or spray season. The written notification of spraying or the property spray plan shall include the following information: (i) the application target area; and (ii) the crop(s) to be sprayed; and (iii) the agrichemical(s) to be used; and (iv) the reason for use; and (v) the intended date(s) of application; and (vi) the duration of application; (vii) in the case of a property spray plan, the likely number of applications during the year or season; and (viii) the name and contact phone number of those intending to carry out the agrichemical application; and (ix) where or how further information can be obtained. 7. Where it is intended to discharge agrichemical(s) in a public amenity area or place of public assembly or alongside a roadway, then public notification in accordance with condition 6 is not required, but public notification shall be given in local newspapers or information drops or by door-to-door advice to land occupiers adjacent to the intended agrichemical application at least one week prior to the application and shall identify: (a) the application target area; and (b) the agrichemical(s) to be used; and (c) the reason for use; and (d) the intended date(s) of application; and (e) details of road boundaries, especially for roads used by school children; and (f) the name and contact phone number of those intending to carry out the agrichemical application; and (g) where or how further information can be obtained. 8. The minimum notification requirements specified in conditions 6 and 7 are not required in the following situations: (a) where other notification arrangements have been mutually agreed in writing between the owner or occupier of an adjoining property who has requested notification before the spraying takes place. In this situation, the notification arrangements which have been mutually agreed upon must be adhered to; or (b) where the weather conditions are such that subsequent risk of disease or insect pressure places any crop at risk of damage. In this situation, notification may be either verbal or written, and must take place no less than two hours before the spraying takes place. 9. A copy of a property agrichemical spray plan as specified under condition 6, or the agrichemical application use record sheet, must be kept by the owner or occupier of the property upon which agrichemicals are applied for a minimum of 24 months from when the property agrichemical spray plan was developed and provided to Environment Canterbury upon request within 7 days of the request. An agrichemical application use record sheet shall include: (a) location of agrichemical application; and (b) date and time of agrichemical application; and (c) the name and type of agrichemicals applied, including any additives; and (d) concentration and volume of agrichemical used; and (e) weather conditions, including wind speed and direction; and (f) application method; and Canterbury Natural Resources Regional Plan

191 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL72 (g) location of sensitive areas and sensitive activities; and (h) how notification requirements have been met; and (i) details of any abnormal situation or incident; and any action taken, including any variations to the property spray plan. Aerial application of agrichemicals permitted activity Activity Discharge of agrichemicals into air by aerial application, is a permitted activity. Conditions 1. The application of the agrichemical shall be undertaken in a manner that does not exceed any rate specified in the agrichemical manufacturer s instructions. 2. By 1 January 2003, pilots undertaking the application of agrichemicals shall hold a current GROWSAFE Pilots Agrichemical Rating, issued by the New Zealand Agrichemical Education Trust in accordance with New Zealand Standard 8409:1999, or an equivalent nationally recognised qualification and loaders and ground crew shall hold a current introductory GROWSAFE Certificate, endorsed with Aerial Application Ground Crew, or an equivalent nationally recognised qualification. 3. The discharge of the odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment. 4. The dispersal or deposition of agrichemical particles shall not cause a noxious, dangerous, offensive or objectionable effect beyond the boundary of the property on which the agrichemicals are applied. 5. The owner or occupier of the property upon which spraying is to be undertaken must provide advance notification of the spraying to the owner or occupier of any adjoining property: (a) on which a sensitive activity or an agrichemical spray sensitive crop or farm system is located within 100 metres of the aerial application. (b) on which a person resides within 100 metres of the area where agrichemicals are to be sprayed, where that person has requested that he or she be notified of agrichemical spraying on the property. 6. Advanced notification of spraying must be given by providing the adjoining owner or occupier with either: (a) written notification of each spraying application, at least one week prior to each application, such notification shall include: (i) the application target area; and (ii) the agrichemical(s) to be used; and (iii) the reason for use; and (iv) the intended date(s) of application; and (v) the duration of application; and (vi) the name and contact phone number of those intending to carry out the agrichemical application; and (vii) where or how further information can be obtained; or (b) if requested by the adjoining owner or occupier, a written annual or seasonal property spray plan, at the beginning of each year or spray season, such a written plan may be in the form identified in Appendix AQL6, but shall include: (i) a list of immediate neighbours, and their contact phone numbers; and (ii) details of road boundaries, especially for roads used by school children; and (iii) identification of sensitive areas (location and type), and the strategies employed to avoid contamination of those areas; and (iv) the application target area; and (v) the duration of application; and Canterbury Natural Resources Regional Plan

192 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL73 (vi) the crop(s) or vegetation to be sprayed; and (vii) the reason for use; and (viii) the agrichemical(s) likely to be used; and (ix) the likely number of spray applications to be made during the year or season; and (x) the name and contact phone number and address of the operator carrying out the aerial spraying; and (xi) where and how further information can be obtained. 7. The minimum requirement for notice of the details specified in condition 6 are not required in the following situations: (a) where other notification arrangements have been mutually agreed in writing between the owner or occupier of an adjoining property who has requested notification before the spraying takes place. In this situation, the notification arrangements which have been mutually agreed upon must be adhered to; or (b) where the weather conditions are such that subsequent risk of disease or insect pressure places any crop at risk of damage. In this situation, notification may be either verbal or written, and must take place no less than two hours before the spraying takes place. 8. A copy of a property spray plan as specified under condition 6, or the agrichemical application use record sheet must be kept by the owner or occupier of the property upon which agrichemicals are applied for a minimum of 24 months from when the property spray plan was developed and provided to Environment Canterbury upon request within 7 days of the request. An agrichemical application use record sheet shall include: (a) location of agrichemical application; and (b) date and time of agrichemical application; and (c) the name and type of agrichemicals applied, including any additives; and (d) concentration and volume of agrichemical used; and (e) weather conditions, including wind speed and direction; and (f) application method; and (g) location of sensitive areas and sensitive activities; and (h) how notification requirements have been met; and (i) details of any abnormal situation or incident, and any action taken, including any variations to the property spray plan. Application of agrichemicals not identified in Rules AQL70 to AQL72 discretionary activity Activity Discharge of agrichemicals into air that does not comply with the conditions of Rules AQL70 to AQL72 is a discretionary activity. None Conditions Canterbury Natural Resources Regional Plan

193 Page Chapter 3 Air Quality October 2009/June Discharge to air in Rangiora Clean Air Zones 1 and 2 Rule AQL74 Open fires installed on or after 1 January 2008 in Rangiora Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rule AQL4, and except as prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zones 1 and 2 from the burning of any solid fuel in any open fire installed on or after 1 January 2008, unless building consent was issued and any amendments incorporated in the building consent for the installation of the open fire before 1 January 2008, is a non-complying activity. Cross reference: Policies AQL22 and AQL25 Rule AQL75 None Conditions Outdoor burning in Rangiora Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rules AQL28, AQL29, AQL32, AQL33 and AQL34, and except as permitted by Rule AQL75A or prohibited by Rules AQL36 and AQL37, the discharge of contaminants into air in the Rangiora Clean Air Zones 1 and 2 from outdoor burning during the months of May, June, July and August, is a non-complying activity. Cross reference: Policy AQL29 None Conditions Canterbury Natural Resources Regional Plan

194 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL75A Outdoor burning of vegetation in winter in the Rangiora Clean Air Zones 1 and 2 permitted activity Activity Notwithstanding Rules AQL29 and AQL75, and subject to Rules AQL36 and AQL37, during the months of May, June, July and August, the discharge of contaminants into air: (a) in the Rangiora Clean Air Zone 2, or (b) in the Rangiora Clean Air Zone 1 originating from land zoned rural in the operative Waimakariri District Plan, from outdoor burning of vegetation is a permitted activity. Cross reference: Policy AQL29 Conditions 1. The discharge shall not occur outside the hours of 8 am to 4 pm. 2. The discharge shall not occur when the wind causes particles such as smoke to move towards the Rangiora urban area. 3. The discharge shall not occur during the period within which a temperature inversion has formed (see note 3 below). Note: 1. Waimakariri District Council s bylaws relating to the control of fires also apply, which address safety and nuisance issues and must be complied with as well as this rule. 2. Outside of the months of May, June, July and August outdoor burning of vegetation may be permitted in accordance with Rule AQL The following are indicators that Condition 3 will not be complied with, being periods of, or future periods when there is a forecast of: (a) Temperatures below 5 degrees Centigrade, and (b) Wind speed of 3 metres per second or less, and (c) Anti-cyclonic conditions, with clear night skies. Rule AQL76 Enclosed burners or open fires contained within heritage buildings in Rangiora Clean Air Zone 1 permitted activity Activity Notwithstanding Rule AQL1, AQL78 and AQL79, and except as prohibited by Rules AQL5 or AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner or open fire that is located in a heritage building listed in Schedule AQL4(b) Exemption heritage buildings in Rangiora is a permitted activity. Cross reference: Policy AQL26 Conditions 1. The discharge shall not be dangerous or noxious beyond the boundaries of the property where the discharge originates. 2. The dispersal or deposition of particles shall not cause corrosion, or have a noxious, dangerous, offensive or objectionable effects on the environment beyond the boundary of the property where the discharge originates. 3. The discharge of odour shall not cause an objectionable or offensive effect on the environment beyond the boundary of the property where the discharge originates. 4. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 5. The solid fuel burning device and chimney are original features of the building. Canterbury Natural Resources Regional Plan

195 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL77 Small scale solid fuel burning device installed after 1 June 2002 in the Rangiora Clean Air Zone 1 restricted discretionary activity Activity Notwithstanding Rules AQL1 and AQL2, and except as controlled by Rules AQL78, AQL79 and AQL80 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone 1 from the burning of any solid fuel in any small scale solid fuel burning device located on a site which is: (a) less than 2 hectares in size; or (b) located within a residential or business zone in the Operative Waimakariri District Plan; is a restricted discretionary activity after the latter of the following dates: (a) 1 May 2010; or (b) the day 15 years following the date of its first installation as recorded by the relevant building consent. Cross reference: Policy AQL24 and AQL25 None Conditions Restriction of discretion 1. Existing and predicted future emission performance of the small scale solid fuel burning device under a range of operating conditions when compared with its manufacturer s design performance at the time of installation. 2. Duration of consent. Canterbury Natural Resources Regional Plan

196 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL78 Open fires existing on 1 January 2008 in Rangiora Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1 and except as permitted by Rules AQL76 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone 1 from the burning of any solid fuel in any open fire is a non-complying activity after the earliest of the following dates: (a) 1 May 2010; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at the date of notification of this rule, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL22 and AQL25 None Conditions Canterbury Natural Resources Regional Plan

197 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL79 Enclosed burner installed before 1 January 2001 in the Rangiora Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rules AQL2 and AQL76 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed before 1 January 2001, and is located on a site which is: (a) less than 2 hectares in size; or (b) located within a residential or business zone in the Operative Waimakariri District Plan; is a non-complying activity after the earliest of the following dates: (a) 1 May 2012; or (b) the date upon which there is a registered transfer of ownership of the site on which the enclosed burner is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at the date of notification of this rule, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of trust, and one or more of the transferors is a beneficiary of that same trust; or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL23 and AQL25 None Conditions Canterbury Natural Resources Regional Plan

198 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL80 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Rangiora Clean Air Zone 1 noncomplying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rule AQL2 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed after 1 January 2001 but before 1 June 2002, and is located on a site which is: (a) less than 2 hectares in size; or (b) located within a residential or business zone in the Operative Waimakariri District Plan; is a non-complying activity, where the discharge occurs after the day 15 years following the date of its first installation as recorded by the relevant building permit or building consent. Cross reference: Policies AQL23 and AQL25 Rule AQL81 None Conditions Small scale solid fuel burning device installed in a new dwelling or building, or a dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Rangiora Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL2, with the exception of discharges of contaminants into air from pellet fires permitted by Rule AQL2, and except as prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Rangiora Clean Air Zone1 from the burning of any solid fuel in any small scale solid fuel burning device which is located: 1. in: (a) any dwelling or building for which building consent was issued after 31 December 2007, including any extension or alteration to that dwelling; or (b) any dwelling or building that did not have a small scale solid fuel burning device: None Conditions Canterbury Natural Resources Regional Plan

199 Page Chapter 3 Air Quality October 2009/June 2011 (i) at 31 December 2007, including any extension or alteration to that dwelling or building; or (ii) existing and operational within a six month period before the time at which the new small scale solid fuel burning device is proposed to be installed and 2. on a site which is: (a) less than 2 hectares in size; or (b) located within a residential or business zone in the Operative Waimakariri District Plan is a non-complying activity, unless building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 1991 for the installation of the small scale fuel burning device complying with Rule AQL2 before 1 January For the purpose of this rule, pellet fire means an enclosed burner that solely burns pellet fuel which is made from untreated sawdust bonded together by the woods natural resins through the process of pelletization creating individual pellets of between 6 mm and 8 mm in diameter and a maximum length of 38 mm. Cross reference: Policies AQL23 and AQL25 Canterbury Natural Resources Regional Plan

200 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL81A Emergency discharge by small scale fuel burning devices when electricity network supply terminated permitted activity Activity Notwithstanding Rules AQL74, AQL78, AQL79, AQL80, and AQL81, when either: (a) any person operating a small scale solid fuel burning device is notified by the electricity network utility network operator that electricity supply shall be interrupted for a period of not less than 3 hours for maintenance or upgrading purposes, or (b) the electricity network supply is disrupted through weather, accidents, or any unforeseen circumstances; the discharge of contaminants to air from any small scale solid fuel burning device is a permitted activity, for the duration of the power outage. Cross reference: Policy AQL27 None Conditions Note: This rule does not apply to the disconnection of an individual s electricity power supply due to unpaid power accounts or any other disputes with the electricity network utility operator. Rule AQL82 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Rangiora Clean Air Zones 1 and 2 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Rangiora Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel in any large scale fuel burning device installed after 27 October 2007 is a discretionary activity. Cross reference: Policy AQL28 Conditions The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Canterbury Natural Resources Regional Plan

201 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL83 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Rangiora Clean Air Zone 1 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Rangiora Clean Air Zones 1 from the burning of solid fuel or light fuel oil in any large scale fuel burning device installed and operated before 27 October 2007 is a discretionary activity. Cross reference: Policy AQL28 Rule AQL84 Conditions The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 300 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Large scale fuel burning devices burning of solid fuel or light fuel oil that do not meet the conditions set by Rules AQL82 and AQL83 in the Rangiora Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Rangiora Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel oil in a large scale fuel burning device that requires resource consent under Rules AQL82 and AQL83 but does not meet the conditions of those rules, is a non-complying activity. None Conditions Cross reference: Policy AQL28 Note: Rule AQL84 applies only to: 1. existing large scale fuel burning devices burning solid fuel or light fuel oil in the Rangiora Clean Air Zones 1, and; 2. new large scale fuel burning devices burning solid or light fuel oil in the Rangiora Clean Air Zones 1 and 2; which do not comply with the conditions set out in Rules AQL82 and AQL83. Existing large scale fuel burning devices in the Rangiora Clean Air Zones 2 are not covered by Rule AQL84. For the purposes of this rule, new devices are those installed after the date of notification of Variation 11 (27 October 2007). Canterbury Natural Resources Regional Plan

202 October 2009/June 2011 Chapter 3 Air Quality Page Discharge to air in Kaiapoi Clean Air Zones 1 and 2 Rule AQL85 Open fires installed on or after 1 January 2008 in Kaiapoi Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rule AQL4, and except as prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zones 1 and 2 from the burning of any solid fuel in any open fire installed on or after 1 January 2008, unless building consent was issued and any amendments incorporated in the building consent for installation of the open fire before 1 January 2008, is a non-complying activity. Cross reference: Policy AQL30 and AQL33 Rule AQL86 None Conditions Outdoor burning in the Kaiapoi Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rules AQL28, AQL29, AQL32, AQL33 and AQL34, and except as permitted by Rule AQL86A or prohibited by Rules AQL36 and AQL37, the discharge of contaminants into air in the Kaiapoi Clean Air Zones 1 and 2 from outdoor burning during the months of May, June, July and August, is a non-complying activity. Cross reference: Policy AQL37 Rule AQL86A None Conditions Outdoor burning of vegetation in winter in the Kaiapoi Clean Air Zone 2 permitted activity Activity Notwithstanding Rule AQL86, and subject to Rules AQL36 and AQL37, during the months of May, June, July and August, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 2, from outdoor burning of vegetation, is a permitted activity. Conditions 1. Burning shall only occur of vegetation sourced from no more than 2 adjoining properties where that vegetation has been derived or used, and burning shall be undertaken on one of those properties. 2. The amount of material to be burnt on one property at any one time shall have a footprint not greater than 4 metres by 4 metres and shall not be piled higher than 2 metres from ground level. 3. The discharge shall not occur outside the hours of 8 am to 4pm. 4. The discharge shall not occur when the wind causes the particles such as smoke to move towards Kaiapoi Clean Air Zone The discharge shall not occur if the wind speed is less than 15 kilometres per hour (4 metres per second), measured at 1 metre above the ground level. Canterbury Natural Resources Regional Plan

203 Page Chapter 3 Air Quality October 2009/June 2011 Cross reference: Policy AQL37 Rule AQL87 6. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any sensitive activity that is not located on the property where burning occurs. 7. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 8. The burn shall be supervised at all times. 9. Equipment shall be present in order that the fire can be extinguished within a maximum time of 30 minutes by the person supervising the burn. Enclosed burners or open fires contained within heritage buildings in Kaiapoi Clean Air Zone 1 permitted activity Activity Notwithstanding Rules AQL1, AQL89 and AQL90, and except as prohibited by Rules AQL5 or AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner or open sire that is located in a heritage building listed in Schedule AQL4(c) Exemption heritage buildings in Kaiapoi is a permitted activity. Cross reference: Policy AQL34 Rule AQL88 Conditions 1. The discharge shall not be dangerous or noxious beyond the boundaries of the property where the discharge originates. 2. The dispersal or deposition of particles shall not cause corrosion, or have noxious, dangerous, offensive or objectionable effects on the environment beyond the boundary of the property where the discharge originates. 3. The discharge of odour shall not cause an objectionable or offensive effect on the environment beyond the boundary of the property where the discharge originates. 4. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 5. The solid fuel burning device and chimney are original features of the building. Small scale solid fuel burning device installed after 1 June 2002 in the Kaiapoi Clean Air Zone 1 restricted discretionary activity Activity Notwithstanding Rules AQL1 and AQL2 and except as controlled by Rules AQL89, AQL90 and AQL91, or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any small scale solid fuel burning device, is a restricted discretionary activity after the later of the following dates: (a) 1 May 2010, or (b) the day 15 years following the date of its first installation as recorded by the relevant building consent. Cross reference: Policies AQL32 and AQL33 None Conditions Restriction of discretion 1. Existing and predicted future emission performance of the small scale solid fuel burning device under a range of operating conditions when compared with its manufacturer s design performance at the time of installation. 2. Duration of Consent. Canterbury Natural Resources Regional Plan

204 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL89 Open fires existing on 1 January 2008 in Kaiapoi Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1 and except as permitted by Rule AQL87 or prohibited by Rule AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any open fire is a non-complying activity after the earliest of the following dates: (a) 1 May 2010; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at 27 October 2007, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL30 and AQL33 None Conditions Canterbury Natural Resources Regional Plan

205 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL90 Enclosed burner installed before 1 January 2001 in the Kaiapoi Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rules AQL2 and AQL87 or prohibited by Rule AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed before 1 January 2001 is a noncomplying activity after the earliest of the following dates: (a) 1 May 2010; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at 27 October 2007, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL31 and AQL33 None Conditions Canterbury Natural Resources Regional Plan

206 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL91 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Kaiapoi Clean Air Zone 1 noncomplying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rules AQL2 or prohibited by Rule AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed after 1 January 2001 is a non-complying activity after the earliest of the following dates: (a) 31 August 2010; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at 27 October 2007, remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust; or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL31 and AQL33 None Conditions Canterbury Natural Resources Regional Plan

207 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL92 Small scale solid fuel burning device installed in a new dwelling or building, or dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Kaiapoi Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL2, with the exception of discharges of contaminants into air from pellet fires permitted by Rule AQL2, and except as prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of any solid fuel in any small scale solid fuel burning device which is located in: (a) any dwelling or building for which building consent was issued after 31 December 2007, including any extension or alteration to that dwelling; or (b) any dwelling or building that did not have a small scale fuel burning device: (i) at 31 December 2007, including any extension or alteration to that dwelling or building; or (ii) existing and operational within a six month period before the time at which the new small scale solid fuel burning device is proposed to be installed is a non-complying activity, unless building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 1991 for the installation of the small scale solid fuel burning device complying with Rule AQL2 before 1 January For the purpose of this rule, pellet fire means an enclosed burner that solely burns pellet fuel which is made from untreated sawdust bonded together by the woods natural resins through the process of pelletisation creating individual pellets of between 6 mm and 8 mm in diameter and a maximum length of 38 mm. Cross reference: Policies AQL31 and AQL33 None Conditions Canterbury Natural Resources Regional Plan

208 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL93 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Kaiapoi Clean Air Zones 1 and 2 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Kaiapoi Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel oil in any large scale fuel burning device installed after 27 October 2007 is a discretionary activity. Cross reference: Policy AQL36 Conditions The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Rule AQL94 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Kaiapoi Clean Air Zone 1 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Kaiapoi Clean Air Zone 1 from the burning of solid fuel or light fuel oil in any large scale fuel burning device installed and operated before the 27 October 2007 is a discretionary activity. Cross reference: Policy AQL36 Conditions The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 300 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Canterbury Natural Resources Regional Plan

209 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL95 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL93 and AQL94 in the Kaiapoi Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Kaiapoi Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel oil in any large scale fuel burning device that requires resource consent under Rules AQL93 and AQL94 but does not meet the conditions of those rules, is a non-complying activity. None Conditions Cross reference: Policy AQL36 Note: Rule AQL95 applies only to: 1. existing large scale fuel burning devices burning solid fuel oil in the Kaiapoi Clean Air Zones 1; and 2. new large scale fuel burning devices burning solid fuel or light fuel oil in the Kaiapoi clean Air Zones 1 and 2; which do not comply with the conditions set out in Rules AQL93 and AQL94. Existing large scale fuel burning devices in the Kaiapoi Clean Air Zone 2 are not covered by Rule AQL95. For the purpose of this rule, new devices are those installed after the date of notification of Variation 12 (27 October 2007). Canterbury Natural Resources Regional Plan

210 October 2009/June 2011 Chapter 3 Air Quality Page Discharge to air in Ashburton Clean Air Zones 1 and 2 Rule AQL96 Open fires installed on or after 16 August 2008 in the Ashburton Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rule AQL4, and except as prohibited by Rules AQL5 and AQL6, the discharge of the contaminants into air in the Ashburton Clean Air Zones 1 and 2 from the burning of any solid fuel in any open fire installed on or after 16 August 2008, unless building consent was issued and any amendments incorporated in the building consent for the installation of the open fire before 16 August 2008, is non-complying activity. Cross reference: Policy AQL38 and AQL41 Rule AQL97 None Conditions Outdoor burning in the Ashburton Clean Air Zones 1 and 2 non-complying Activity Notwithstanding Rules AQL28, AQL29, AQL32, AQL33 and AQL34, and except as permitted by Rule AQL97A or prohibited by Rules AQL36 and AQL37, the discharge of contaminants into air in the Ashburton Clean Air Zones 1 and 2 from outdoor burning during the months of May, June July and August, is a non-complying activity. Cross reference: Policy AQL47 Rule AQL97A None Conditions Outdoor burning of vegetation in winter in the Ashburton Clean Air Zone 2 permitted activity Activity Notwithstanding Rule AQL97, and subject to Rules AQL36 and AQL37, during the months of May, June, July and August, the discharge of contaminants into air in the Ashburton Clean Air Zones 2, from outdoor burning of vegetation is a permitted activity provided it complies with all the following conditions. Conditions 1. The material to be burnt is vegetation from production land in Ashburton Clean Air Zone The amount of material to be burnt on one property at any one time shall have a footprint not greater than 4 metres by 4 metres and shall not be piled higher than 2 metres from ground level. 3. The discharge shall not occur outside the hours of 9 am to 3 pm. 4. The discharge shall not occur when the wind causes particles such as smoke to move towards the Ashburton Clean Air Zone The discharge shall not occur if the wind spend is less than 15 kilometres per hour (4 metres per second), measured at 1 metre above ground level at the site of the burn. Canterbury Natural Resources Regional Plan

211 Page Chapter 3 Air Quality October 2009/June 2011 Cross reference: Policy AQL47 Rule AQL98 6. The discharge shall not occur within 100 metres upwind, or 50 metres in any other direction, from any sensitive activity that is not located on the property where burning occurs. 7. The discharge shall not occur from the combustion of material with a moisture content of more than 25% dry weight, or if the moisture content cannot be determined, the material shall have been left to dry for at least six weeks prior to burning and within the two days prior to burning, there shall have been less than 5 millimetres of rainfall on the site. 8. The dispersal or deposition of particles shall not cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates. 9. The burn shall be supervised at all times. 10. Equipment shall be present on the site in order that the fire can be extinguished within a maximum time of 30 minutes by the person supervising the burn. Enclosed burners or open fires contained within heritage buildings in the Ashburton Clean Air Zone 1 permitted activity Activity Notwithstanding Rule AQL1, AQL100 and AQL101, and except as prohibited by Rules AQL5 or AQL6, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of any fuel in any enclosed burner or open fire, that is located in a heritage building listed in Schedule AQL4(d) Exemption heritage buildings in Ashburton, is a permitted activity. Cross reference: Policy AQL42 Conditions 1. The discharge shall not be dangerous or noxious beyond the boundaries of the property where the discharge originates. 2. The dispersal or deposition of the particles shall not cause corrosion, or have noxious, dangerous, offensive or objectionable effects on the environment beyond the boundary of the property where the discharge originates. 3. The discharge of odour shall not cause an objectionable or offensive effect on the environment beyond the boundary of the property where the discharge originates. 4. The sulphur content of the fuel to be burned shall not exceed 0.5% by weight. 5. The solid fuel burning device and chimney are original features of the building. Canterbury Natural Resources Regional Plan

212 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL99 Small scale solid fuel burning device installed after 1 June 2002 in the Ashburton Clean Air Zone 1 restricted discretionary activity Activity Notwithstanding Rules AQL1 and AQL2, and except as controlled by Rules AQL100, AQL101 and AQL102, or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of any solid fuel in any small scale solid fuel burning device, is a restricted discretionary activity after the later of the following dates: (a) 1 May 2011, or (b) the day 15 years following the date of issue of the relevant code compliance certificate under the Building Act or if no code compliance certificate has been issued, after the day 15 years following the date of its first installation as recorded by the relevant building permit or building consent. Cross reference: Policy AQL40 and AQL41 None Conditions Restriction of discretion 2. Existing and predicted future emission performance of the small scale solid fuel burning device under a range of operating conditions when compared with its manufacturer s design performance at the time of installation. 3. Duration of consent. Canterbury Natural Resources Regional Plan

213 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL100 Open fires existing on 16 August 2008 in the Ashburton Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rules AQL2 and AQL98 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of any solid fuel in any open fire, is a non-complying activity after the earliest of the following dates: (a) 1 May 2011; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at 16 August 2008 remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust, or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policy AQL38 and AQL41 None Conditions Canterbury Natural Resources Regional Plan

214 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL101 Enclosed burner installed before 1 January 2001 in the Ashburton Clean Air Zone 1 non-complying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rules AQL2 and AQL98 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed before 1 January 2001, is a non-complying activity after the earliest of the following dates: (a) 1 May 2011; or (b) the date upon which there is a registered transfer of ownership of the site on which the open fire is located. For the purposes of this rule, transfer of ownership does not include: 1. a transaction in which a person who was a registered proprietor of the land at 16 August 2008 remains or becomes a registered proprietor (whether or not the only registered proprietor) of that land after the transfer; or 2. a transaction in which the transferee is a trustee of a trust, and one or more of the transferors is a beneficiary of that same trust, or 3. a transaction for which a legal contract was entered into before this rule was publicly notified. Cross reference: Policies AQL39 and AQL41 None Conditions Canterbury Natural Resources Regional Plan

215 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL102 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Ashburton Clean Air Zone 1 noncomplying activity Activity Notwithstanding Rule AQL1, and except as permitted by Rule AQL2 or prohibited by Rules AQL5 and AQL6, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of any solid fuel in any enclosed burner installed after 1 January 2001 but before 1 June 2002, is a non-complying activity, where the discharge occurs: (a) after the day 15 years following the date of issue of the relevant code compliance certificate under the Building Act; or (b) if no code compliance certificate has been issued, after the day 15 years following the date of its first installation as recorded by the relevant building permit or building consent. Cross reference: Policies AQL39 and AQL41 Rule AQL103 None Conditions Combustion of solid fuel or light fuel oil in new, replacement or upgraded large scale fuel burning devices in the Ashburton Clean Air Zones 1 and 2 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rules AQL12 or controlled by Rules AQL12A, AQL103A, AQL103B and AQL103C, the discharge of contaminants into air in the Ashburton Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel oil in any new, replacement or upgraded large scale fuel burning device installed after 16 August 2008 is a discretionary activity. Cross reference: Policies AQL45 and AQL46 Conditions The concentration if total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 250 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Canterbury Natural Resources Regional Plan

216 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL103A Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of 500 kw or less with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of 500 kw or less in the Ashburton Clean Air Zones 1 and 2 controlled activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Ashburton Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of greater than 40 kilowatts and less than or equal to 500 kilowatts is a controlled activity. Conditions 1. Any discharge to air from a large scale wood pellet burning device shall be in replacement of discharges to air from a large scale fuel burning device burning solid fuel of the same or greater heat output capacity which was legally established and operating up to the time of replacement. 2. Any discharge of contaminant into air shall not be of a greater rate or quantum than which could have been lawfully discharged on 1 September The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 125 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 4. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 5. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 6. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 7. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Matters for control Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Localised adverse effects form the discharge of contaminants to air relating to odour, suspended particulate and deposited particulate. 2. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 3. The fuel burning rate. 4. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 6. Carrying out of measurements, samples, analyses, surveys, investigations or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and Canterbury Natural Resources Regional Plan

217 Page Chapter 3 Air Quality October 2009/June 2011 (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 7. Provisions of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Rule AQL103B Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater that 500 kw to less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw to less than or equal to 1 MW in the Ashburton Clean Air Zones 1 and 2 restricted discretionary activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Ashburton Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of greater than 500 kilowatts and less than or equal to 1 megawatt is a restricted discretionary activity. Conditions 1. Any discharge to air from a large scale wood pellet burning device shall be in replacement of discharges to air from a large scale fuel burning device burning solid fuel of the same or greater heat output capacity which was legally established and operating up to the time of replacement. 2. Any discharge of contaminant into air shall not be of a greater rate or quantum than which could have been lawfully discharged on 1 September The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 125 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 4. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 5. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 6. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 7. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Restriction of discretion Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. Localised adverse effects form the discharge of contaminants to air relating to odour, suspended particulate and deposited particulate. 2. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 3. The fuel burning rate. Canterbury Natural Resources Regional Plan

218 October 2009/June 2011 Chapter 3 Air Quality Page Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 5. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 6. Carrying out of measurements, samples, analyses, surveys, investigations or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 7. Provisions of information to the consent authority at specified times. 8. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 9. Duration of consent. 10. Review of conditions of consent and the timing and purpose of the review. Rule AQL103C New large scale wood pellet burning devices with a combined heat output of 500 kw or less, or large scale wood pellet burning devices with a combined heat output of 500 kw or less replacing existing large scale fuel burning devices not burning solid fuel, in the Ashburton Clean Air Zones 1 and 2 restricted discretionary activity Activity Except where prohibited by Rule AQL12, the discharge of contaminants into air from burning wood pellet fuel in the Ashburton Clean Air Zones 1 and 2 in any large scale wood pellet burning devices having a net combined heat output capacity within one property of less than or equal to 500 kilowatt is a restricted discretionary activity. Conditions 1. The concentration of total suspended particulate in combustion gas discharged from all emission stack(s), measured according to the requirements described in Schedule AQL6, shall not exceed 72 milligrams per cubic metre of air adjusted to 0 o Celsius, dry gas basis, kilopascals, and 8% oxygen or 12% carbon dioxide. 2. The discharge into air shall occur via an emission stack at a height of at least 7 metres above ground level and at least 3 metres above the ridge line of the roof of any building, land or other substantial structure within a distance of five times the height of that building, land or structure. 3. The discharge shall be directed vertically into air and shall not be impeded by any obstruction above the stack which decreases the vertical efflux velocity below that which would occur in the absence of such obstruction. 4. The discharge shall only be a result of the combustion of wood pellet fuel meeting the criteria in AS/NZS 4014:6:2007 (except that pellets may be made from wood sawdust or wood shavings containing a minor or incidental amount of antisapstain chemicals). 5. The opacity of the discharge at the emission exit shall not be darker than Ringelmann Shade No. 1, as described in New Zealand Standard 5201:1973, except: (a) in the case of a cold start for a period not exceeding 30 minutes in operation; and (b) for a period not exceeding a total of four minutes in each succeeding hour of operation. Restriction of discretion Environment Canterbury will reserve control over the following matters in imposing any conditions: 1. In the context of Objective AQL6, existing and predicted PM 10 ambient air quality, including the achievement of any relevant national environment standard. 2. Localised adverse effects from the discharge of contaminants to air relating to odour, suspended particulate and deposited Canterbury Natural Resources Regional Plan

219 Page Chapter 3 Air Quality October 2009/June 2011 Rule AQL104 particulate. 3. The extent to which the best practicable option in relation to the concentration of total suspended particulate in combustion gas discharged is or should be adopted to prevent or minimise localised adverse effects and adverse effects on ambient air quality. 4. Any offset of the PM 10 emissions related to the large scale wood pellet burning device. 5. The number of large scale wood pellet burning devices and their total size in kilowatts, per consent application. 6. The fuel burning rate. 7. Any measures necessary to ensure the ability of the equipment to disperse contaminants, including chimney height, chimney design and emission velocity. 8. Any steps to be taken to ensure maintenance of the fuel-burning equipment. 9. Carrying out of measurements, samples, analyses, surveys, investigations or inspection, including: (a) monitoring contaminant concentrations; (b) monitoring the opacity of the discharge; (c) recording of the quantity of fuel used; (d) monitoring the emission rate of contaminants; and (e) analysing the cumulative effects of the discharge, in combination with discharges from other sources. 10. Provisions of information to the consent authority at specified times. 11. Compliance with monitoring, sampling and analysis conditions at the consent holder s expense. 12. Duration of consent. 13. Review of conditions of consent and the timing and purpose of the review. Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Ashburton Clean Air Zone 1 discretionary activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Ashburton Clean Air Zone 1 from the burning of solid fuel or light fuel oil in any large scale fuel burning device installed and operated before the 16 August 2008 is a discretionary activity. Cross reference: Policy AQL45 Conditions The concentration of total suspended particulate in combustion gas discharged from all emission stacks, measured according to the requirement described in Schedule AQL6, shall not exceed 300 milligrams per cubic metre of air adjusted to 0º Celsius, dry gas basis, kilopascals and 12% carbon dioxide. Canterbury Natural Resources Regional Plan

220 October 2009/June 2011 Chapter 3 Air Quality Page Rule AQL105 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL103, AQL103A, AQL103B, AQL103C and AQL104 in the Ashburton Clean Air Zones 1 and 2 non-complying activity Activity Notwithstanding Rules AQL24, AQL26 and AQL27, and except as prohibited by Rule AQL12 or controlled by Rule AQL12A, the discharge of contaminants into air in the Ashburton Clean Air Zones 1 and 2 from the burning of solid fuel or light fuel oil in a large scale fuel burning device that requires resource consent under Rules AQL103, AQL103A, AQL103B, AQL103C and AQL104 but does not meet the conditions of those rules, is a non-complying activity. None Conditions Cross reference: Policy AQL45 and AQL46 Note: Rule AQL105 applies only to: 1. existing large scale fuel burning devices burning solid fuel or light fuel oil in the Ashburton Clean Air Zones 1; and 2. new large scale fuel burning devices burning solid fuel or light fuel oil in the Ashburton Clean Air Zones 1 and 2; which do not comply with the conditions set out in Rules AQL103 and AQL104. Existing large scale fuel burning devices in the Ashburton Clean Air Zone 2 are not covered by Rule AQL105. For the purposes of this rule, new devices are those installed after 16 August Canterbury Natural Resources Regional Plan

221 3.4 Information to be provided with resource consent applications In addition to the general information requirements described in Section of NRRP Chapter 1, the following particular information is required as indicated below, in order to audit the resource consent application or request for approval. The information provided shall be in such detail to correspond with the scale and significance of the actual and potential effects that the activity may have on the environment. In other words, if the environmental effects are likely to be minor, less detail will be required than if the effects could be significant or their extent is not known. Resource consent applicants are referred to Chapter 2 of the Canterbury Natural Resources Regional Plan. The information in Chapter 2 may assist applicants understanding of tāngata whenua values Information to be provided for approval of small scale fuel burning devices under Section 369(11) of the RMA Section 369(11) of the RMA provides that Environment Canterbury may authorise or prohibit the use of any class of fuel and any class of fuel-burning equipment for use in a Clean Air Zone (specified as such by Parliament). Applications to authorise the use of small scale fuel burning devices must include the following information: (a) a letter requesting authorisation of the devices (specifying the models to be included in the application); (b) design details and/or an accurate description of the device tested; (c) current brochures used for selling the device; (d) installation and operation instructions, including information about the type of fuel proposed for use in the device; (e) proposed label in accordance with the requirements listed below; (f) emission test reports and results; (g) clearance test reports and results required by the Christchurch City Council; (h) location of a shop floor model that can be viewed (if possible); (i) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect of small scale fuel burning devices on the environment Information to be provided for resource consent applications for discharges to air from non-complying small scale fuel burning devices Resource consent applications for discharges to air from non-complying small scale fuel burning devices must include the following information: (a) reason(s) why the discharge from the device does not come within or comply with the criteria for permitted activities; (b) description of the type of device, year of manufacture and installation, and (where applicable) particulate emission rates for that device as tested according to NZS 7402:1992 or the functional equivalent thereof; (c) the height (proposed) of the emission stack above ground level and above the roof of the building containing the device; (d) a description of the type of fitting attached to the top of the chimney (e.g., rain hat, cone, rain excluder, wind deflector), which may affect the emission velocity and dispersion of contaminants; (e) the type of fuel burned, the amount of fuel burned per hour and the maximum sulphur and moisture content of that fuel; Page Chapter 3 Air Quality October 2009/June 2011

222 (f) the location of dwellings and other nearby sensitive areas or activities that may be affected by the discharge; (g) the height, length and width of buildings within 25 metres of the discharge (these buildings can affect the dispersion of contaminants discharged). This is best achieved by preparing a sketch map; (h) an assessment of the effects of the discharge on the environment, with particular regard to the sensitive areas or activities identified in (f) above; (i) description of alternative methods of discharge (including complying with the conditions of the rules) and reasons for the proposed choice; (j) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from large scale fuel burning devices Resource consent applications for discharges to air from large scale fuel burning devices must include the following information: (a) the type of fuel burned, the maximum amount of fuel burned per hour and per week, and the approximate hours of operation of the device; (b) the net heat output rating of the device, and the type and age of device; (c) the height (proposed) of the emission stack above ground level and above the roof of the building containing the device; (d) a description of the type of fitting attached to the top of the chimney (e.g., rain hat, cone, rain excluder, wind deflector), which may affect the emission velocity and dispersion of contaminants; (e) where appropriate, a description of any thermal insulation of the chimney and of any control equipment used to reduce the emission of contaminants such as sulphur dioxide; (f) where known, a list of contaminant gases and/or particulates discharged and an estimate of their emission rates where possible; (g) for solid fuel, the concentration of particulate matter in the emission stack(s) measured according to the methods specified in Schedule AQL6; (h) where known, the predicted emission velocity and temperature of the discharge; (i) an assessment of the effects of the discharge on the environment. The techniques used to assess effects may include some or all of the following: (i) knowledge of the effects of existing processes of similar size and type, including reference to industry standards; (ii) dispersion modelling of contaminant emissions, where the emission rate has been estimated by calculation, measurement or from emission factors; (iii) observation of the existing discharge and any effects; (iv) information gathered from people who may be affected by an existing discharge, including surveys and examination of complaints records; (v) extrapolation from known emissions and results of trials using scale models or trials of the process; (vi) identification of nearby emission sources that may contribute to the cumulative effects of contaminants discharged; October 2009/June 2011 Chapter 3 Air Quality Page 3-209

223 (vii) an assessment of the cumulative effects of the discharge, in combination with emissions from the sources identified above and background levels; (viii) the location of nearby sensitive areas or activities that may be affected by the discharge; (ix) the height, width and length of nearby buildings and structures that may influence wind-flow and the dispersion of contaminants. This is best achieved by preparing a sketch map. This information is particularly important for sources where dispersion modelling may be required. (j) alternative methods of discharge, including reasons for the proposed choice, having particular regard to use of heating methods causing less particulate emissions. (k) a list of any people who could be affected by the discharge. Describe any consultation undertaken with these people, including written approvals if these have been obtained. Environment Canterbury can provide copies of standard forms for recording of written approvals, if required. (l) a description of any proposed monitoring of the discharge or effects. This monitoring may include: (i) measurement of emissions; (ii) measurement of contaminant concentrations in air within or beyond the site boundary; (iii) records of the maintenance of equipment and emission control devices to minimise emissions; (iv) keeping records of material consumption and operating parameters related to emissions; (v) regular inspections of the discharge and associated processes; (vi) recording of any complaints relating to the discharge and action taken to remedy any identified cause of complaint. (m) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from outdoor burning Resource consent applications for discharges to air from outdoor burning must include the following information: (a) the proposed time of year and time of day of burning. (b) expected duration of the burn. (c) approximate land area or volume of material to be burned. (d) the type and source of material to be burnt. (e) the location of the burn and distances to sensitive activities that may be affected. This is best achieved by preparing a sketch map. (f) a description of any consultation undertaken with people who may be affected (as identified in (e) above) and the views expressed by those people. (g) a description of alternative methods of disposal of the material, including for vegetation mulching and composting, and reasons for the proposed choice. (h) an assessment of the effects of the discharge, having particular regard to the health, nuisance and visual effects of particulate matter emitted from the fire. (i) mitigation measures proposed, for example maximising distance from sensitive areas, ensuring that vegetation is as dry as possible, and limiting burning to favourable weather conditions. Page Chapter 3 Air Quality October 2009/June 2011

224 (j) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from industrial or trade premises or processes Resource consent applications for discharges to air from industrial or trade premises or processes must include the following information: (a) a clear and concise description of all activities within the site that require resource consent for the discharge of contaminants into air. This description should include typical hours of operation and the quantity of materials consumed in the process that leads to the discharge of contaminants to air. A site map should be provided showing the location of all discharge sources. (b) where known, a list of contaminant gases and/or particulates discharged and an estimate of their emission rates where possible. (c) detail of the method of discharge from each process and the height (above ground level) of the discharge into air. For example, the discharge may be from a stack, a vent in the roof of a building, or a fugitive emission from stockpiles or open doorways. In the case of emission stacks, the temperature, emission velocity and any fitting above the stack (such as a rain excluder) should be specified. (d) the height, width and length of nearby buildings and structures that may influence wind-flow and the dispersion of contaminants. This is best achieved by preparing a sketch map. This information is particularly important for sources where dispersion modelling may be required. (e) the location of dwellings and other nearby sensitive activities that could be affected by the discharge. (f) an assessment of the effects of the discharge on the environment. The techniques used to assess effects may include some or all of the following: (i) knowledge of the effects of existing processes of similar size and type, including reference to industry standards; (ii) dispersion modelling of contaminant emissions, where the emission rate has been estimated by calculation, measurement or from emission factors; (iii) observation of the existing discharge and any effects; (iv) information gathered from people that may be affected by an existing discharge, including surveys and examination of complaints records; (v) extrapolation from known emissions and effects of scale models or trials of the process. (g) a list of mitigation measures proposed to prevent or reduce the predicted adverse effects. Some of these measures could be imposed as conditions of consent, such as minimum stack height, maximum quantity of material processed or contaminants discharged, use and maintenance of filters, or monitoring of the discharge. (h) a description of alternative methods of discharge that have been considered, including reasons for choosing the proposed method. (i) a list of any people who could be affected by the discharge. Describe any consultation undertaken with these people, including written approvals if these have been obtained. Environment Canterbury can provide copies of standard forms for recording of written approvals, if required. (j) a description of any proposed monitoring of the discharge or effects. This monitoring may include: (i) measurement of emissions; October 2009/June 2011 Chapter 3 Air Quality Page 3-211

225 (ii) measurement of contaminant concentrations in air within or beyond the site boundary; (iii) records of the maintenance of equipment and emission control devices to minimise emissions; (iv) keeping records of material consumption and operating parameters related to emissions; (v) regular inspections of the discharge and associated processes; (vi) recording of any complaints relating to the discharge and action taken to remedy any identified cause of complaint. (k) a description of any nearby emission sources that could, in combination with the proposed discharge, contribute to cumulative effects. Assess the additive effect of these emissions Information to be provided for resource consent applications for discharges to air from Intensive farming Resource consent applications for discharges to air from intensive farming must include the following information: (a) a description of the intensive farming activity, including the number of animals held, the number of buildings or pens, ventilation of buildings, waste collection and housekeeping procedures, effluent treatment and disposal systems. A site map should be provided showing the location of buildings, pens and waste treatment and disposal areas. (b) detail of the proposed mitigation measures to reduce odour and particulate emissions from processes within the intensive farm. These mitigation measures may include: (i) buffer distances to the property boundary and nearby sensitive activities, such as dwellings; (ii) frequent removal of manure from pens or buildings; (iii) regular cleaning and housekeeping procedures; (iv) use of aerobic waste treatment systems that minimise odour generation from anaerobic processes; (v) use of shelter belts to reduce dispersion of spray droplets and particulate. (c) a management plan should be provided for the facility that specifies procedures for implementing the proposed control measures. Reference should be made to relevant codes of practice, such as those prepared by the pork and poultry industries. (d) the location of dwellings and other nearby sensitive activities that could be affected by the discharge. (e) an assessment of the effects of the discharge on the environment. The techniques used to assess effects may include some or all of the following: (i) comparison with the effects of existing processes of similar size and type, including reference to industry standards and codes of practice; (ii) dispersion modelling of contaminant emissions, where the emission rate has been measured (using olfactometry, for example); (iii) observation of the existing discharge and any effects; (iv) information gathered from people that may be affected by an existing discharge, including surveys and examination of complaints records; (v) extrapolation from known emissions and effects of scale models or trials of the process. (f) a description of alternative methods of discharge that have been considered, including reasons for choosing the proposed method. Page Chapter 3 Air Quality October 2009/June 2011

226 (g) a list of any people who could be affected by the discharge. Describe any consultation undertaken with these people, including written approvals if these have been obtained. Environment Canterbury can provide copies of standard forms for recording of written approvals, if required. (h) a description of any proposed monitoring of the discharge or effects. This monitoring may include: (i) maintenance of waste treatment systems to minimise emissions; (ii) keeping records of farm management procedures and compliance with a management plan; (iii) regular inspections of potentially odorous processes. (iv) recording of any complaints relating to the discharge and action taken to remedy any identified cause of complaint. (i) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from waste management processes Resource consent applications for discharges to air from waste management processes must include the following information: (a) a description of the waste management process, including the maximum quantity of waste stored, deposited or processed, the composition of the waste (including any hazardous substances), and the method of waste treatment and disposal. A site map should be provided showing the location of buildings, and waste treatment and disposal areas. (b) detail of the proposed mitigation measures to reduce odour and particulate emissions from the facility. These mitigation measures may include: (i) buffer distances to the property boundary and nearby sensitive activities, such as dwellings; (ii) erection of screening to minimise transfer of particulate matter and litter to neighbouring properties; (iii) regular maintenance of waste treatment systems; (iv) use of aerobic waste treatment systems that minimise odour generation from anaerobic processes; (v) covering or enclosure of potentially odorous or dusty processes; (vi) use of shelter belts to reduce dispersion of spray droplets from effluent application, or particulate. (c) a management plan should be provided for the facility that specifies procedures for implementing the proposed control measures. (d) the location of dwellings and other nearby sensitive activities that could be affected by the discharge. (e) an assessment of the effects of the discharge on the environment. The techniques used to assess effects may include some or all of the following: (i) knowledge of the effects of existing processes of similar size and type, including reference to industry standards and codes of practice; (ii) dispersion modelling of contaminant emissions, where the emission rate has been measured (using olfactometry, for example); (iii) observation of the existing discharge and any effects; October 2009/June 2011 Chapter 3 Air Quality Page 3-213

227 (iv) information gathered from people that may be affected by an existing discharge, including surveys and examination of complaints records; (v) extrapolation from known emissions and effects of scale models or trials of the process. (f) a description of alternative methods of discharge that have been considered, including reasons for choosing the proposed method. (g) a list of any people who could be affected by the discharge. Describe any consultation undertaken with these people, including written approvals if these have been obtained. Environment Canterbury can provide copies of standard forms for recording of written approvals, if required. (h) a description of any proposed monitoring of the discharge or effects. This monitoring may include: (i) maintenance of waste treatment and disposal systems to minimise emissions; (ii) keeping records of waste management procedures and compliance with a management plan; (iii) regular inspections of potentially odorous or dusty processes; (iv) measurement of contaminant concentrations in air within or beyond the site boundary; (v) recording of any complaints relating to the discharge and action taken to remedy any identified cause of complaint. (i) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air of agrichemical sprays Resource consent applications for discharges to air of agrichemical sprays must include the following information: (a) the type of agrichemical and carrying agent to be discharged. (b) the qualifications of the person discharging the agrichemical(s) and the nature of any training undertaken by the operator in respect of the use of agrichemicals. (c) a copy of the written annual or seasonal property spray plan, which may be in the form identified in Appendix AQL6, and must contain the information specified under: (i) condition 6 of Rule AQL71 for ground-based application of agrichemicals other than using hand held application techniques; or (ii) condition 6 of Rule AQL72 for aerial application of agrichemicals. (d) a copy of the agrichemical application use record sheet for past applications of agrichemicals on the property, if any, as specified under: (i) condition 9 of Rule AQL71 for ground-based application of agrichemicals other than using hand held application techniques; or (ii) condition 8 of Rule AQL72 for aerial application of agrichemicals. (e) the proposed means to keep and maintain records of agrichemical application. (f) names and addresses of property owners or occupiers likely to be directly affected by the proposed discharge. (g) any consultation undertaken by the applicant with Environment Canterbury, property owners or occupiers, Tāngata Whenua, health agencies or other persons, including the names of those consulted and their responses. Page Chapter 3 Air Quality October 2009/June 2011

228 (h) the proposed means of notifying those persons who may be affected by the spraying. (i) the proposed signage, where spraying occurs in a public amenity area or place of public assembly, or alongside a roadway. (j) the proximity of occupied dwellings, public land and other areas where people reside or congregate, in relation to the proposed activity. (k) the sensitivity of neighbouring land uses and features. (l) the extent to which particular weather conditions, including wind speed and direction, may be likely to cause a greater adverse effect than any other particular weather condition. (m) the extent to which the agrichemical causes, or is linked to chronic or acute human health effects, odour, annoyance, and diminished amenity values. (n) the extent to which the agrichemical is known to cause adverse effects on non-target flora, fauna, and ecosystems (particularly aquatic ecosystems). (o) the proposed method of application, including the type of spray equipment to be used, the spray volume and droplet size, the direction of the spraying and the height of release above the ground. (p) the extent to which the applicator can avoid spray drift, or spray drift into sensitive areas as indicated by points (i) to (l) above. (q) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Rangiora Clean Air Zone 1 (Rule AQL77) Resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 must include the following information: (a) description of the type of device, year of manufacture and installation, and particulate emission rates for that device at the time of installation as tested in accordance with the requirements of NRRP Chapter 3 at the time of installation; (b) description of any modifications made to the device since the time of installation; (c) an assessment of the current emissions performance of the device relative to its performance at the time of installation; (d) an assessment of the likely emissions performance of the device over the period for which the resource consent is being sought; (e) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Kaiapoi Clean Air Zone 1 (Rule AQL88) Resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 must include the following information: (a) description of the type of device, year of manufacture and installation, and particulate emission rates for that device at the time of installation as tested in accordance with the requirements of NRRP Chapter 3 at the time of installation; October 2009/June 2011 Chapter 3 Air Quality Page 3-215

229 (b) description of any modifications made to the device since the time of installation; (c) an assessment of the current emissions performance of the device relative to its performance at the time of installation; (d) an assessment of the likely emissions performance of the device over the period for which the resource consent is being sought; (e) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment Information to be provided for resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 in the Ashburton Clean Air Zone 1 (Rule AQL99) Resource consent applications for discharges to air from small scale solid fuel burning devices installed after 1 June 2002 must include the following information: (a) description of the type of device, year of manufacture and installation, and particulate emission rates for that device at the time of installation as tested in accordance with the requirements of NRRP Chapter 3 at the time of installation; (b) description of any modifications made to the device since the time of installation; (c) an assessment of the current emissions performance of the device relative to its performance at the time of installation; (d) an assessment of the likely emissions performance of the device over the period for which the resource consent is being sought; (e) any other information which, in the opinion of a resource consent officer of Environment Canterbury, is necessary or desirable to assess the effect which the proposed activity may have upon the environment. 3.5 Explanations and principal reasons for methods Advocacy This method recognises the importance of Environment Canterbury as an organisation that advocates to national level agencies and territorial authorities to undertake various initiatives to help reduce the discharge of contaminants into air and the effects thereof. The method of advocacy by Environment Canterbury to particular industries or interested parties is also important to inform the public to take action at their own level with respect to various ways to avoid or minimise the discharge of contaminants to air from their particular activities Information and promotion The non-regulatory method of information and promotion recognises the importance of Environment Canterbury, in conjunction with industry and other interested parties and organisations, being proactive in its environmental education role in order to encourage the reduction of discharges of contaminants to air from all activities. Examples of the types of environmental education programmes that can be undertaken include written information and advice, field days, seminars and presentations, industry training and demonstration trials, and the promotion of alternative methods to avoid or reduce the discharge of contaminants into air. Information and promotion is an effective means of providing resource users and the wider regional community with information for raising awareness of adverse effects and possible alternatives. This will Page Chapter 3 Air Quality October 2009/June 2011

230 encourage a change in behaviour from resource users to help to minimise the air quality problems arising from a variety of sources. Partnerships need to be formed between Environment Canterbury and various organisations and agencies for different activities in order to ensure that information is available to all parties with an interest in any air discharge issue and that an integrated approach is undertaken Investigation This method recognises that where the effects of discharges of contaminants to air are not comprehensively understood then it is appropriate for Environment Canterbury to undertake investigations to provide further information. Information obtained from investigations will enable better decision-making, monitoring of effects, and planning, as well as the potential to promote interagency integration, and resource and knowledge sharing Financial incentives and assistance The provision of a financial incentives and assistance programme to the residents of Christchurch will help to mitigate the adverse social, financial and health effects of the clean air policies relating to small scale solid fuel burning that apply in the Christchurch Clean Air Zone 1. The financial incentives and assistance programme recognises that to encourage households to move away from relying on solid fuel burning as their main source of household heating, as well as to make energy efficiency improvements to their dwelling, assistance will be needed, particularly for lower income households. The provision of the programme will help reduce any potential adverse effects the household may experience to make such a change, and to help reduce the emission of suspended particulate in the winter months from small scale solid fuel burners. Incentives proposed under the annual plan will not on their own be sufficient to move people away from solid fuel. This is because it is unclear what effect incentives will have on people s behaviour. Changes in consumption patterns can be encouraged by providing a financial incentive for selecting an environmentally preferable action or product or by imposing penalties on actions considered environmentally undesirable. The assumption behind the use of economic instruments is that many people will be motivated by incentives or penalties to make the environmental choice. These instruments are only effective if people have the ability to choose between the alternative courses of action and if they regard the penalty or reward as sufficient inducement to take the environmental action. Overseas experience suggests that incentive programmes are complimentary to, rather than a substitute for regulatory measures. Incentive programmes overseas have been used to increase the effectiveness of regulatory measures or to mitigate adverse financial impacts on affected households, but do not appear to have been successfully used on their own without regulation. For this reason, the use of an incentive programme without associated regulatory measures is not regarded as a cost-effective option Canterbury Hazardous Waste Management Strategy The Canterbury Hazardous Waste Management Strategy has been developed by local authorities in Canterbury. The strategy is primarily designed to provide direction for local authorities, but will provide guidance for generators and those individuals or organisations involved in the waste management industry. Seven hazardous waste streams were recommended as a high priority for management, these are: (a) industrial wastes: (i) cyanide wastes; (ii) chlorinated solvent sludge wastes; (iii) metal processing wastes; (iv) boron and copper, chromium and arsenic timber treatment sludge wastes; October 2009/June 2011 Chapter 3 Air Quality Page 3-217

231 (b) agrichemical wastes; (c) domestic hazardous wastes; (d) waste oil. Alternatives to burning hazardous wastes could be promoted through this strategy to reduce emissions of contaminants from hazardous wastes into air and the effects thereof Regional Land Transport Strategy The Regional Land Transport Strategy recognises that Environment Canterbury supports an integrated transport strategy that will reduce motor vehicle exhaust emissions and hence the adverse effects of the emissions of motor vehicles. The strategy acknowledges that to reduce the adverse effects of motor vehicle exhaust emissions, both the vehicle and mode of travel need to be addressed. This can be achieved by simultaneously improving technology, facilitating modal shifts and reducing the need for travel. The Canterbury Regional Land Transport Strategy requires the interaction and co-operation of many players within existing institutional settings including territorial authorities, Transit New Zealand, Transfund New Zealand, Land Transport Safety Authority, Environment Canterbury, Police, Road Safety Co-ordinating Committees, Ministry of Transport, and the Regional Land Transport Committee. This Strategy will enhance the objectives and outcomes of NRRP Chapter 3 through many non-regulatory means Regional Energy Strategy The Regional Energy Strategy is one of the primary methods identified in the Canterbury Regional Policy Statement for giving effect to the energy outcomes sought by Environment Canterbury. The Regional Energy Strategy is to outline regional options for moving to a more sustainable regional energy system. It is to include analysis of a range of renewable energy possibilities and energy conservation potential, examine the impact of urban growth options, and to analyse the dependence of a range of end users on fossil fuels. The main energy issues to be addressed in the Canterbury region through the Regional Energy Strategy are: (a) the high dependence on fossil fuels for the region s energy needs; (b) transport as the largest use of energy in the region which is growing rapidly; (c) the significant adverse effects arising from the use of energy most noticeable in localised air pollution from domestic heating, and CO 2 emissions and localised pollutants from transport; (d) poor energy efficiency and poor control of emissions; (e) the use of small scale renewable energy (e.g. wind, solar); (f) the resource management responsibilities implicit in the Canterbury region containing the largest concentration of renewable hydro-electric energy infrastructure in the country. The Stage 1 Report on the Regional Energy Strategy recommends an action programme based on four priority areas of Environment Canterbury involvement internal energy use, domestic heating, transport, and CO 2. The key themes associated with the above four areas in relation to the positioning of Environment Canterbury are "leadership", "environmental responsibility", "advocacy", "demonstration", and "information provision". Such initiatives support the reduction of the discharge of contaminants into air and hence any effects from the discharge of contaminants from a variety of sources. Environment Canterbury will develop the Page Chapter 3 Air Quality October 2009/June 2011

232 Regional Energy Strategy in consultation with Tāngata Whenua, government departments, the energy industry, the community and territorial authorities Non-statutory strategies Environment Canterbury supports the preparation of non-statutory strategies for defined areas in Canterbury. A long-term strategy will address issues affecting various communities and the potential effects of those issues on the environment, including air quality. With respect to motor vehicles, territorial authorities can through district plans and resource consents, influence the design of subdivisions and traffic routes to minimise the adverse effects from motor vehicles Regional rules Regional rules establish a consistent approach to air quality management throughout the Canterbury region by providing certainty, clarity and uniformity with respect to the conditions applied to the different categories of activity, as well as to provide efficiency in the administration and implementation of Environment Canterbury s functions and duties by classifying activities according to their effects on the environment and streamlining administrative processes when these effects are minor. Section 15(1)(c) of the RMA provides that discharges to air from any industrial or trade premises are allowed only if authorised by a resource consent or by a rule in this regional plan. This means that unless a specific rule in regional plan provides otherwise, then it will be necessary for any discharge to air from a particular industrial or trade premises to be authorised through the resource consent process. Section 15(2) of the RMA provides that discharges to air from any other source can be regulated only if provided for by a rule in a regional plan. This means that any discharge to air from any places that are not industrial or trade premises (such as production land, residential properties and all moveable sources) are allowed, unless a rule in the NRRP provides otherwise. Providing regional rules will bring into alignment the provisions in s15(1)(c) and 15(2) of the RMA and would: (a) free up some unnecessary restrictions currently provided for in the transitional provisions, and (b) restrict some activities that traditionally have caused adverse effects but have been unregulated, and (c) overall provide a more sector-neutral, effects-based approach to managing air quality in the region. Permitted activity rules allow small scale, low-effect activities to occur with a low level of bureaucracy and a small degree of involvement by Environment Canterbury. Controlled activity rules allow discharges of moderate scale or potential effect to be consented according to guidelines that facilitate a cost-effective and administratively efficient process. Restricted discretionary and discretionary activity rules allow provision of a higher level of control/protection where the adverse effects from the activity are likely to be objectionable or significant Regional rules for discharges to air from small scale burning devices The regime adopted by Rules AQL1 to AQL11 is to first seek that the best available technology is adopted, and then second to limit highly polluting sources in areas where there are known health risks associated with poor ambient air quality. At this stage these limitations have only been placed on the Christchurch Clean Air Zones, as identified on the planning maps. Although a single small scale fuel burning device is unlikely to have significant adverse effects on the environment, a large number of widely scattered sources will have an adverse effect, especially where meteorological conditions trap contaminants. October 2009/June 2011 Chapter 3 Air Quality Page 3-219

233 A stricter regulatory approach is adopted for Christchurch Clean Air Zone 1 as opposed to the rest of Canterbury. This is because Christchurch has to be considered in the context of the winter ambient air quality problem where there a number of days that exceed the PM 10 air quality target of 50g/m 3 (24-hour average). Domestic fires contribute to 90% of the concentrations of PM 10. Emissions must decrease by approximately 74% to meet the air quality target for PM 10 identified in Objective AQL3. Thus, controls in the Christchurch Clean Air Zone 1 seek to reduce emissions from small scale fuel burning devices. These rules recognise that there are cleaner forms of heating available on the market and that energy efficiency measures such as insulation can make up for the short fall in heating that wood burning may have provided. Lead in times have been provided on the rules, firstly in recognition that NRRP Chapter 3 will not be operative before the end of 2004 (at the earliest), and secondly to provide people sufficient time to make changes in their heating habits. Rule AQL1 Enclosed burners or open fires anywhere in Canterbury installed before 1 January 2004 permitted activity This rule provides a status quo stance for those small scale solid fuel burning devices installed before January In the case of fuel burning devices in the Christchurch Clean Air Zones 1 and 2, the rule provides a transitional arrangement by permitting devices until Rules AQL7, AQL9, AQL10 or AQL11 take effect. Even though such devices have the potential to contribute to wintertime air pollution in the urban areas of Canterbury outside the Christchurch Clean Air Zone 1, they are permitted until such time as management regimes are adopted to address wintertime air pollution problems in other urban areas. Priority at this stage has been given to reducing emissions from existing small scale solid fuel burning devices within the Christchurch Clean Air Zone 1, and not increasing emissions throughout Canterbury. Condition 8 requires that the fuel-burning equipment and emission stack is maintained. This should ensure that the fuel-burning equipment and emission stack is kept so as to minimise particulate emissions. Discharge from a chimney at a height above the roof of the dwelling minimises down wash of the contaminant plume in the building wake, thereby preventing high ground level concentrations of contaminants (including high levels of carcinogens such as polycyclic aromatic hydrocarbons) close to the source. Rule AQL1A Small scale solid fuel burners on sites 2 hectares or greater, not zoned for urban purposes or within a clean air zone permitted activity Rule AQL1A permits the discharge of contaminants from small scale solid fuel burning devices installed on or after 1 January 2004 in locations where such discharges will not contribute to existing or future poor ambient air quality within Canterbury. Examples of small scale solid fuel burning devices permitted by this rule are; domestic open fires, woodburners, multifuel burners, and dual cooking and heating ranges. The locations where such discharges will not contribute to existing or future poor ambient air quality within Canterbury are those sites; 2 hectares or greater, not zoned for urban purposes in a district plan, or not situated within a clean air zone specified in NRRP Chapter 3. In these locations, the threat to ambient air quality is significantly reduced through geography, meteorology, remoteness, land use and population density. The 2 hectare site size threshold reflects Regulation 22 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004, which prohibits discharges from a woodburner (as defined in Regulation 3) after 1 September 2005 in a building on a property with an allotment size of less than 2 ha. All woodburners must comply with this Page Chapter 3 Air Quality October 2009/June 2011

234 regulation. Therefore, in order to avoid inconsistent and perverse results, in this rule the 2 hectare site size threshold is applied to all small scale solid fuel burning devices. The conditions within the rule control local adverse effects of the discharges from the permitted small scale solid fuel burning devices. Rule AQL2 Enclosed burners meeting specific criteria anywhere within Canterbury permitted activity Rule AQL2A Pellet fires meeting specific criteria anywhere in Canterbury permitted activity Rule AQL1 recognises that domestic solid fuel burning devices are the main contributors to poor ambient air quality. In order to reduce the emissions of suspended particulate to achieve concentrations in ambient air that are more protective of public health and to reduce the nuisance effects of contaminants associated with discharges to air from the combustion of solid fuels from enclosed small scale solid fuel burning devices, the best technology available should be installed. Rules AQL2 and AQL2A take over from the authorisation process that occurred under Section 369(11)(b) of the RMA. The separate treatment of pellet fires from other enclosed burners specifically recognises the different testing methodologies for these two different categories of devices. However, within Christchurch Clean Air Zone 1, the application of Rules AQL2 and AQL2A is limited by Rules AQL9 and AQL9A. The standards which enclosed burners must comply with relate to an emission standard and a thermal efficiency standard, expressed as a single unit of total suspended particulate per unit of space heating output. This single unit is the equivalent of 1 gram of total suspended particulate per kilogram of fuel burned and 65% thermal efficiency. By using this single unit there is the potential to provide a small degree of flexibility between emission performance and thermal efficiency, while ensuring that overall the amount of total suspended particulate discharged does not change. However, it is necessary to specify a minimum thermal efficiency standard to ensure enclosed burners can be reasonably tested under the prescribed testing methodologies and a highly inefficient burner is not installed. In addition, in relation to Rule AQL2, the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and Other Toxics) Regulations 2004 require a wood burner (as defined in Regulation 3) to meet the design standard and thermal efficiency standard set out in Regulations 23 and 24, unless the wood burner is in a building on a property with an allotment size of 2 ha or greater (Regulation 22). Rule AQL2A recognises that pellet fires are specifically excluded from the definition of wood burner in Regulation 3. Thermal efficiency of a device is the amount of useful heat that is released per unit of potential energy supplied in the wood. A thermal efficiency standard is imposed because low efficiency means more wood is burned to achieve a given heat output, and hence more particulate emitted. Rules AQL2 and AQL2A require authorisation or other approval of the device. This process shall occur under Section 369(11)(b) of the RMA until NRRP Chapter 3 becomes operative. After NRRP Chapter 3 becomes operative a manufacturer of a device shall supply such information as is necessary to Environment Canterbury for it to ascertain that the device meets the standards of the rule. This shall occur through Section 35 of the RMA. The manufacturer may also apply for a certificate of compliance under Section 139 of the RMA. Condition 2 of Rule AQL2 ensures that all enclosed burners are able to be operated in a way that they are tested in the laboratory situation under the AS/NZS4012:1999 and AS/NZS4013: that being, at a low, medium and high burn rate. This enables the burner to be used at varying rates, while not shutting off the air supply to the fuel. Device design alone does not ensure that particulate emissions are consistently as low as those measured under test conditions. Therefore, conditions are attached to this activity to assure proper operation of these heating devices. October 2009/June 2011 Chapter 3 Air Quality Page 3-221

235 Discharge from a chimney at a height above the roof of the dwelling minimises down-wash of the contaminant plume in the building wake, thereby preventing high ground level concentrations of contaminants (including high levels of carcinogens such as polycyclic aromatic hydrocarbons) close to the source. Insofar as is reasonably practicable, and consistent with the exclusion of rain and snow from the stack, it is important that combustion products are discharged vertically into the air without obstruction by rain hats or similar fixtures in or above the stack. This ensures that the dispersion of contaminants is maximised. The flue exit and the end of the flue-pipe casing can be designed in a way which prevents significant ingress of water or other debris, and still be fitted so that it does not obstruct the flue discharge. Condition 10 of Rule AQL2 and condition 9 of Rule AQL2A requires that the fuel-burning equipment and emission stack is maintained. This should ensure that the fuel-burning equipment and emission stack is kept so as to minimise particulate emissions. Condition 8 of Rule AQL2 and condition 7 of Rule AQL2A is imposed because dispersion modelling indicates that burning of fuel with a sulphur content greater than 0.5% can cause high local ground level concentrations of sulphur dioxide which may cause adverse health effects. The low emission standards identified in Rules AQL2 and AQL2A are to be applied in locations where there is a threat to ambient air quality due to geography, meteorology, location, land use and population density. These locations include sites of less than 2 ha, urban areas and clean air zones specified in NRRP Chapter 3. This is effective in achieving Objective AQL2 by reducing the emissions of contaminants from a wide variety of domestic sources. It acts as an incentive to good practice, providing a clear statement of requirements for users, resulting in increased certainty. It is also effective in adopting a precautionary response in non-monitored/investigated areas. Requiring the installation of low emission technology will always be the first step in reducing PM 10 from domestic heating emissions, to be followed by reducing the numbers of high emission polluters. By identifying now if an enclosed solid fuel burner is to be installed, then it should meet the equivalent of the 1g/kg and 65% thermal efficiency criteria so as to maintain existing good air quality where it occurs. However, where there are too many enclosed burners then the cumulative effects of particulate will have major impacts. Rule AQL9 therefore puts a cap on the number of burners (excluding high-performance pellet fires controlled by Rule AQL9A) installed to the number installed prior to 1 January Non regulatory methods will be trialled to see how effective they are at reducing the number of enclosed burners used. If the emission standards, the thermal efficiency standards and conditions cannot be met, then the activity becomes non-complying under Rule AQL4 and will require a resource consent. Rule AQL3 Oil or gas burning heating devices anywhere in Canterbury permitted activity Rule AQL3 recognises that oil or gas-fired heating devices have the potential to cause localised problems associated with the release of sulphur dioxide, carbon monoxide and nitrogen oxides. Emissions from gas burning heating devices contribute no PM 10 contaminants and diesel oil contributes far less PM 10 than conventional small scale solid fuel burning devices. Condition 7 of Rule AQL3 specifies a maximum sulphur content for fuel. Burning of diesel oil is permitted (maximum sulphur content 0.35%) whereas burning of light fuel oil (maximum sulphur content 2%) is not. If oil or gas burning heating devices anywhere in Canterbury meet the specified criteria in Rule AQL3 in association with the conditions, then the effects of the discharge into air should be minimal. If the conditions cannot be met, then the activity becomes non-complying under Rule AQL4 and will require a resource consent. Discharge from a chimney at a height above the roof of the dwelling minimises down wash of the contaminant plume in the building wake, thereby preventing high ground level concentrations of contaminants (including high levels of carcinogens such as polycyclic aromatic hydrocarbons) close to the source. Page Chapter 3 Air Quality October 2009/June 2011

236 Rule AQL4 Enclosed burners, oil or gas burning heating devices or open fires anywhere in Canterbury not complying with Rules AQL1, AQL1A, AQL2, AQL2A, AQL3 or AQL8 that are not otherwise prohibited noncomplying activity This rule applies to discharges of contaminants from small scale fuel burning devices which do not comply with the conditions of Rules AQL1, AQL2, AQL3 or AQL8. These may be from: (a) a device which fails to meet the emission standards and thermal efficiency standards of Rule AQL2; or (b) a device which does not have a label with the evidence that the device has been certified by Environment Canterbury as required by Condition 1 of Rule AQL2; or (c) a device which has the potential to be operated in a manner other than in accordance with its operating instructions and therefore not meeting Condition 9 of Rule AQL1 or Condition 2 of Rule AQL2; or (d) a device which has no low, medium and high burn rate as requirement by Condition 3 of Rule AQL2; or (e) discharges associated with the combustion of fuels not certified for use on a device by Environment Canterbury, but which are not listed as being prohibited by Rule AQL5; or (f) a chimney not complying with conditions 4 and 5 of Rule AQL2 or conditions 1 and 2 of Rules ALQ1 and AQL3; or There is also the possibility that the discharges may not meet other listed conditions of the permitted activity, such as the discharge being noxious or dangerous. Only a small number of small scale fuel burning devices are expected to fail to comply with the conditions of Rules AQL1, AQL2 and AQL3. Potentially, this small number may discharge contaminants which in turn cause adverse effects and in particular, cumulative effects. Alternatively, where adverse effect can be mitigated then consent may be granted. For example, the emission stack may not extend above the rooftop of the building containing the stack. While the simplest solution may be to extend the stack above the rooftop, in some cases it may be possible to show that the adverse effects resulting from discharges from a lower height are acceptable. The consent application for a non-complying activity will require an assessment of the effects of the discharge. On the basis of predicted effects, Environment Canterbury may decide to grant or decline consent. A resource consent will not be granted if it is inconsistent with a policy in the NRRP. The other considerations set out in Section 104 of the RMA must also be taken into account. Rule AQL5 Fuels prohibited from use in small scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall be granted Rule AQL5 identifies a number of materials that shall not be burnt on small scale fuel burning devices other than in a minor or incidental way and not as the principal fuel. The burning of these fuels is likely to result in the discharge of toxic, corrosive and odorous compounds, which will have significant adverse effects on human health, the life-supporting capacity of the environment, on flora and fauna, and on the localised and ambient air quality of an area. Dispersion modelling indicates that burning of fuel with a sulphur content greater than 1% can cause high local ground level concentrations of sulphur dioxide which may cause adverse health effects. October 2009/June 2011 Chapter 3 Air Quality Page 3-223

237 Burning of dry fuel with adequate combustion air will minimise the emission of PM 10, visible smoke and products of incomplete combustion. Thus odour and smoke nuisance to neighbours can be reduced. Wood with a moisture content greater than 25% dry weight does not burn efficiently. This increases the difficulty of operating small scale fuel burning devices correctly and the likelihood of smoke and odour nuisance. Burning of chemically treated timber can cause the discharge of treatment chemicals such as copper, chromium and arsenic. Long term accumulation of these chemicals in the environment can cause health effects. In addition, emission of salts can cause corrosion of the device s flue. Manufactured wood pellets are not chemically treated when processed. Combustion of glues, plastics, paints, rubber and synthetic materials commonly causes the discharge of toxic and odorous compounds. Organic wastes typically have a high moisture content and can cause significant particulate emissions when burned. Disposal of medical waste, animal waste and quarantine waste by burning should only be undertaken in proper facilities. Specific exemption is made in relation to the moisture content of wood and sulphur content of fuel for back country huts. This recognises that these are in isolated public facilities managed by the Department of Conservation. Rule AQL6 Nuisance provisions relating to small scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall be granted Burning of fuel in small scale fuel burning devices can be undertaken in a manner that does not cause significant odour and smoke nuisance at neighbouring properties. In particular, appropriate emission stack design, correct device operation, and use of suitable dry fuels having low sulphur content will minimise adverse effects of the discharge. Proper start-up of solid fuel burning devices should not require more than 15 minutes in most circumstances and, after this period, significant smoke and odour should not reach the point of being objectionable or offensive at neighbouring properties if the device is properly operated. Similarly, proper refuelling techniques (not overloading, using suitable fuels, and not banking up the device) should not create offensive or objectionable levels of either smoke or odour beyond the property boundary. Rule AQL6A Emergency discharge by small scale fuel burning devices when electricity network supply terminated - permitted activity Policy AQL17(b) Christchurch states that non-complying small scale solid fuel burning devices can be used when there is an emergency when power is cut off for an extended period. Policies AQL35 (Kaiapoi), and AQL44 (Ashburton) allow for non-complying small scale solid fuel burning devices to be used when there is a planned network disruption of greater than 3 hours, or unknown at the time of disruption. Note that open fires are included in the definition of small scale fuel burning devices and are covered by these policies. The intention of the above policies is that they apply only when the network is disrupted. It does not apply when electric power connection to a specific household, business or building has been intentionally disconnected for non payment or other reasons. A specific rule is required to make using small scale solid fuel burners in this situation a permitted activity, because: It clarifies when the rule exemption will apply, The emergency provisions of Section 330 of the RMA do not apply in this situation, and It gives effect to the policies above. Page Chapter 3 Air Quality October 2009/June 2011

238 The emergency provisions of Section 330 of the RMA cannot be used by operators of small scale solid fuel burning devices in an electricity supply network disruption event. The emergency provisions only apply to public works, local authorities, network utility operators, and consent authorities. The emergency provisions also require that resource consent be sought post event. The logistics of requiring an air discharge consent for large numbers of people means it is not practicable, and a specific permitted activity rule is a more appropriate method. The rule will make the discharge of PM 10 from any small scale fuel burning device (including open fires) a permitted activity when the electricity supply network is disrupted for either maintenance or repair. Rule AQL7 Open fires in the Christchurch Clean Air Zones 1 and 2 not installed on or before 1 June 2002 prohibited activity for which no resource consent shall be granted Open fires are a potentially significant source of air pollution. The area covered by the Christchurch Clean Air Zone 2 (and an area beyond) is identified as contributing to the poor wintertime ambient air quality of Christchurch. As a starting point, open fires within this area should no longer be considered as a source of heating. Open fires were never approved for use in Christchurch under the Clean Air Act 1972 and have not been permitted for installation since This rule is simply an extension to that area which is now known to have an influence over Christchurch s air quality. The rule also recognises that open fires are not the most efficient method of home heating and that there are cleaner forms of heating and improved small scale solid fuel burning devices available on the market that can reduce the emissions of PM 10 if installed and operated correctly. Rule AQL8 Enclosed burners or open fires contained within heritage buildings in the Christchurch Clean Air Zone 1 permitted activity A truly effects-based regime would not provide any exemptions to the rules. However, there has been significant concern about heritage buildings. This rule provides certainty as to what buildings are exempt from the requirements of Rules AQL10 and AQL11. It also creates a level of consistency with the Christchurch City Plan, which has the primary role of recognising and protecting heritage buildings in terms of the RMA. It is considered that those buildings of architectural merit which are not identified heritage houses should not be exempt from the provisions. The sole purpose of providing any exemption is to allow the public and future generations to observe the buildings in a manner that is befitting of the authenticity of the building. The criteria to be used to provide for a heritage exemptions as a permitted activity are as follows: (a) that the building is listed as a heritage building in Appendix 1 of Part 10, Volume 3 of the Christchurch City Plan (copy available upon request); (b) that the open fire or enclosed burner is integral to the experience of visiting the building; (c) that the open fireplace and chimney or enclosed burner are original features of the building; (d) that the fireplace and chimney or enclosed burner are an essential component of the architectural integrity of the building and are of the same genre as the style of the building; and (e) that the building could be identified in accordance with the Historic Places Trust. Open fires or enclosed burners in heritage buildings could be added to the list by way of plan change, in the same way as heritage buildings are included in the Christchurch City Plan. Rule AQL9 Small scale fuel burning devices contained in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning October 2009/June 2011 Chapter 3 Air Quality Page 3-225

239 Rule AQL9A devices in the Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted High performance pellet fires contained in new dwellings or buildings; dwellings or buildings that currently do not have small scale solid fuel burning devices; and extensions and alterations to dwellings or buildings that currently do not have small scale solid fuel burning devices in the Christchurch Clean Air Zone 1 restricted discretionary activity Rule AQL9 recognises that there are many dwellings in the Christchurch Clean Air Zone 1 which do not currently have small scale solid fuel burning devices installed and that new dwellings are built to comply with current insulation standards. These new houses are thus more energy efficient and designed not to be reliant on solid fuel burning. In addition, non-solid fuel forms of heating can be installed as of right. Further if resource consent is obtained under Rule AQL9A, high-performance pellet fires may also be installed. Such dwellings should not install a small scale solid fuel burning device meeting Rules AQL2 and AQL2A as this would not reduce the concentration of PM 10 emissions. Rather, any further installations of small scale solid fuel burning devices meeting Rules AQL2 and AQL2A within the Christchurch Clean Air Zone 1 would only increase such emissions, thereby defeating the ability to achieve NRRP Chapter 3 objective. Rule AQL9A implements Policy AQL13(2) by providing for the consideration of PM 10 emissions arising from the installation of high-performance small scale wood pellet burning devices as a restricted discretionary activity. High-performance pellet fires have very low emission rates of PM 10 and importantly, these types of pellet fires real-life emission performance is similar to laboratory tested performance. Rule AQL10 Open fires from 1 January 2006 in April to September inclusive in the Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted Rule AQL10 recognises that in order to achieve a reduction in the suspended particulate emissions from small scale solid fuel burning devices, the use of open fires should be prohibited. This is because the use of open fires contributes approximately 40% of the domestic heating emissions of PM 10 for all of Christchurch. Emissions from open fires are anywhere between four and seven times greater than those from an appliance meeting the 1 g/kg criteria. If the household chooses to replace an existing open fire with an enclosed solid fuel burner complying with Rule AQL2, the discharge from that complying burner will be a permitted activity, for which no resource consent is required. It is noted that open fires were never approved for use in Christchurch under the Clean Air Act 1972 and have not been permitted for installation since Also, the use of open fires is not decreasing but rather increasing, as the comparison of the 1996 and 1999 emission inventories shows an increase in the number of open fires being used from to in the 25-suburb area. Rule AQL11 Non-complying enclosed burners older than 15 years from 1 January 2008 in April to September inclusive in the Christchurch Clean Air Zone 1 prohibited activity for which no resource consent shall be granted Rule AQL11 seeks the mandatory phase out of enclosed burners not complying with Rules AQL2 or AQL3, over a period of time. It runs from Policy AQL15. If the household chooses to replace an installed non-complying burner with an enclosed solid fuel burner complying with Rule AQL2, the discharge from that complying burner will be a permitted activity, for which no resource consent is required. Waiting for natural replacement will not result in sufficient reductions. The rule will bring forward reductions in emissions and in a manner that is certain, because it is known more precisely when a burner will no longer be used. Page Chapter 3 Air Quality October 2009/June 2011

240 To meet the ambient air quality target for PM 10 of 50 µg/m 3 (24-hour average) all non-complying enclosed burners must be rendered inoperable. The advantages therefore outweigh the disadvantages of undertaking this action. The question remains as to how this can be implemented as quickly as possible at the least cost. The rule proposes that all enclosed burners be replaced after 15 years of use but not before This is based on this phase-out occurring as follows: (a) replacement of all pre-1993 appliances immediately from 2008; and (b) replacement of all post-1993 appliances which exceed the 1 g/kg criteria, when they reach 15 years from the date of installation. Therefore, for example, if an enclosed burner was installed in 1999 it could continue to operate until years has been chosen on the basis of a number of estimates that identify the average life of a burner to be between 12 and 20 years. This recognises that the life of a burner can vary depending on the frequency of operation, the manner in which it is operated and whether only appropriate fuels have been burnt on it. A mandatory phase-out time means that both the costs and immediate emission reductions associated with the accelerated phase-out of enclosed burners are relatively small. This is because most of the burners would be replaced anyway so this rule has relatively little financial impact. However, the key benefit associated with this rule is the reduction in uncertainty associated with meeting the air quality target, as the replacement of enclosed burners will be compulsory rather than voluntary. The mandatory phase-out of high emission appliances from 2008 adds certainty to achieving the desired outcome by ensuring households do not continue to use enclosed burners beyond the burners useful life. Rule AQL11A Non-complying enclosed burners or open fires retrofitted with pollution control devices in the Christchurch Clean Air Zone 1 discretionary activity The intent of this rule is to provide for an open fire or the older style enclosed burner retrofitted with a pollution control device to be able to discharge in Christchurch Clean Air Zone 1 if that discharge is consistent with or less than that which may reasonably be expected from an enclosed burner permitted under Rule AQL2. The rule provides for consideration as a discretionary activity of allowing discharges from the use of installed equipment (a pollution control device) in, on, or attached to, an open fire or the older style enclosed burner. As of 2008, such devices are not commercially available in New Zealand. If such devices become available, before consenting emissions from an open fire or older style enclosed burner with the equipment installed, it will be important to consider the longevity, robustness and reliability of the emission reductions that may be achieved. These considerations will include: how technically complex the pollution control device is; the likely ongoing performance of the device once installed; the risk of failure of the device; how easily the pollution control device may be bypassed or disconnected; what ongoing maintenance of the device is required and how this is to be provided for Regional rules for discharges to air from large scale fuel burning devices Regional rules have been used as the basis for management of discharges to air from large scale fuel burning devices such as those used in industrial or trade premises or processes because the RMA specifies in Section 15 that discharges to air from industrial or trade premises or processes cannot take place unless allowed by a resource consent or by a rule or rules in a regional plan. A different regulatory approach is adopted for the area covered by the Christchurch Clean Air Zones 1 and 2, to the rest of Canterbury. This is because Christchurch has to be considered in the context of the winter ambient air quality problem where there a number of exceedences of the PM 10 air quality target. October 2009/June 2011 Chapter 3 Air Quality Page 3-227

241 The contribution to particulate matter concentrations from large scale fuel burning devices should not increase, thus controls in Christchurch seek to hold emissions from industrial sources at 1996 levels. Outside the Christchurch Clean Air Zones 1 and 2 it is generally accepted that the best practicable option (BPO) should be adopted. Although BPO may not be readily determined in some situations, Environment Canterbury has found that if a thorough pre-application consultative process is followed, obtaining an agreed determination of the BPO is straightforward. This requires a process of information sharing between Council officers, affected parties and the applicant. Although regional ambient air quality targets for various pollutants are identified, existing background concentrations are not clearly understood for the majority of the region. Ambient air quality monitoring has only occurred in Christchurch, Timaru, Ashburton and Rangiora. A precautionary approach is therefore required and can only be applied by the adoption of the BPO. Therefore BPO as an approach to the management of emissions from large-scale fuel burning equipment is particularly appropriate because of the uncertainty over existing environmental quality. The strength of the BPO approach is that it allows progressive upgrading of plant processes and activities as new costeffective technologies becomes available. Rule AQL12 Fuels prohibited from use in large scale fuel burning devices anywhere in Canterbury prohibited activity for which no resource consent shall be granted Rule AQL12 applies throughout Canterbury and seeks to reduce the discharge of toxic, corrosive and odorous compounds from the burning of inappropriate fuels. This will be beneficial to human health and the health of the life-supporting capacity of the environment, flora and fauna, as well as to the localised and ambient air quality of an area. Fuel burning equipment is not designed for the combustion of specified wastes or general refuse. Any waste incineration (excluding outdoor burning authorised elsewhere in NRRP Chapter 3) must occur in a purpose-built, high performance incinerator and requires a resource consent. Burning of glues, resins, paints, plastics, rubber, pathological wastes and material containing metals can cause the discharge of toxic and odorous compounds. Some of the compounds discharged (such as dioxins, furans and heavy metals) cause health effects at low concentrations and are known to accumulate in the environment. Rule AQL12 does not apply to the incineration of waste, including diseased plant and animal material. Discharges to air from waste incineration are controlled by Rules AQL63 to AQL69. Burning of chemically treated timber (other than specially manufactured pellets) can cause the discharge of treatment chemicals such as copper, chromium and arsenic. Long term accumulation of these chemicals in the environment may cause health effects. In addition, emission of salts can cause corrosion of the chimney flue. Rule AQL12A Fuels used in large scale fuel burning devices anywhere in Canterbury non-complying activity Rule AQL12A applies throughout Canterbury and seeks to control the discharge of toxic, corrosive and odorous compounds from the burning of inappropriate fuels. This will be beneficial to human health and the health of the life-supporting capacity of the environment, flora and fauna, as well as to the localised and ambient air quality of an area. Fuel burning devices are typically not designed for the combustion of specified wastes or general refuse. Any waste incineration (excluding outdoor burning authorised elsewhere in NRRP Chapter 3) must occur in a purpose-built, high performance incinerator and requires a resource consent. Page Chapter 3 Air Quality October 2009/June 2011

242 However, there will be (and are) instances where the burning of wood treated with Copper-Chrome- Arsenic (CCA) or wood that is painted, stained or oiled or used and waste oil (excluding re-refined oil) can occur in a manner that does not create a significant adverse effect identified in Objective AQL1. This will require purpose built high temperature large scale fuel burning devices. The standards set out for the exclusion of waste oil are indicators of the standard of the waste oil. Listing all the potential contaminates that may be present within the rule is not practicable. Accordingly, in considering any resource consent application for the burning of waste oil as fuel meeting the specified standards in this rule (being considered under Rules AQL17 and AQL27), Environment Canterbury will consider whether the discharge will cause adverse environmental, health or nuisance effects. Rule AQL12B Discharge to air from mobile sources - permitted activity. Rule AQL12B applies throughout Canterbury. The discharge of contaminants into air from mobile sources such as aircraft is a permitted activity, except when the mobile source is on an industrial or trade premise for testing, repair or maintenance. Moveable sources will include aircraft, cars, and other forms of transport. When such items are being used for transportation, the resulting discharge of contaminants into air should be treated as being from a moveable source, and there should be no requirement that they obtain a resource consent. When moveable sources are on industrial or trade premises for maintenance, repair or testing, any discharges to air from their engines/turbines will contribute to the discharge of contaminants to air from the premises on which they are located. Such discharges are controlled by Section 15(1) of the Resource Management Act. Any such discharge will require a resource consent by virtue of Rule AQL57, unless it is excluded by Rules AQL38 to AQL57. Rule AQL13 Rule AQL14 External combustion of gas 5 MW or less in the Christchurch Clean Air Zones 1 and 2 permitted activity External combustion of diesel or kerosene 100 kw or less in the Christchurch Clean Air Zones 1 and 2 permitted activity Small scale diesel and kerosene external combustion equipment such as boilers and heaters which have a net heat generating capacity of 100 kw or less have relatively low emissions when operated efficiently. These appliances each discharge less than 70 grams of sulphur dioxide per hour, approximately 29 grams of nitrogen oxides per hour, 7 grams of carbon monoxide per hour and 3 grams of filterable particulate matter (approximately 55% PM 10 ) per hour. Liquefied petroleum gas (LPG) and natural gas are regarded as relatively clean fuels because, when burned in efficient external combustion appliances, they emit only very small amounts of particulate matter and sulphur dioxide. The most significant contaminants discharged from these sources are nitrogen oxides, consisting of approximately 95% NO and 5% NO 2. An efficient 5 MW LPG boiler or heater, operated at maximum burning rate, will discharge approximately grams per hour of nitrogen oxides (73 g/hr NO 2 ). The operation of small scale gas and oil burning heating equipment is not expected to cause any significant adverse effects on the environment when combustion and stack design are correctly controlled. The maximum diesel oil burning rate in a 100 kw heating device is approximately 12 litres per hour (assuming 80% efficiency of heat transfer). The maximum LPG burning rate in a 5 MW LPG external combustion device is approximately 450 kilograms per hour. The quantity of significant contaminants (such as sulphur dioxide, nitrogen dioxide and particulate) discharged from combustion of diesel, kerosene and LPG at these rates is sufficiently small to enable adequate dispersion from a seven metre high stack. The maximum sulphur content of diesel fuel is 0.35%. Thus a 100 kw diesel oil-fired heating device having 80% efficiency of heat transfer will discharge up to 70 g/hr sulphur dioxide. The AUSPLUME atmospheric dispersion model (using screening meteorological data) has been used to predict the October 2009/June 2011 Chapter 3 Air Quality Page 3-229

243 maximum ground level concentration of sulphur dioxide discharged from such a device. Numerous scenarios were modelled to take into account variations in temperature and velocity of the discharge, diameter and height of the stack, building dimensions and surface roughness. The predicted ground level concentrations of sulphur dioxide for a range of these scenarios have been modelled. Adopting a conservative scenario of a 7 m high stack (0.2 m diameter) discharging combustion products from a 4 m high by 10 m wide building at a velocity of 3 m/s and a temperature of 100 Celsius, the model predicts that the maximum sulphur dioxide ground level concentration will be approximately 70 µg/m 3 (10 minute average) and 49 µg/m 3 (one hour average). Under the same conditions, the maximum ground level concentration of nitrogen dioxide (based on 73 grams per hour emission rate calculated from US EPA AP-42 data) discharged from a 5 MW LPG burner would be approximately 50 µg/m 3 (one hour average). The maximum predicted ground level concentration of carbon monoxide is low at 140 µg/m 3 (one hour average). The predicted ground level concentrations of sulphur dioxide and nitrogen dioxide are approximately 14% and 17% of the respective New Zealand Air Quality Guidelines. It should be recognised that the dispersion modelling results are, at best, accurate to within a factor of two. The model used assumes simple, flat terrain and uses simulated meteorological data to represent likely worst case meteorological conditions in Canterbury. Results should therefore be regarded as indicative only. In addition, background concentrations of these contaminants and the cumulative effects of other nearby emission sources should also be taken into account. Monitoring of sulphur dioxide concentrations at the St Albans monitoring site in Christchurch by Environment Canterbury indicates that occasional peak ground level concentrations of up to 350 µg/m 3 (10 minute average) may occur in closely built residential areas. The maximum ground level concentrations of contaminants discharged from small industrial heating devices will normally occur close to the source in predominantly industrial areas. Cumulative effects from such devices operating in close proximity to each other will be controlled by limiting the total heat output from permitted devices on one property to 100 kw. Given these considerations, it is predicted that recognised air quality guidelines are unlikely to be exceeded as a result of operation of such small fuel-burning devices. Suspended particulate emissions from the combustion of LPG in efficiently operated devices are negligible. US EPA emission factors for diesel oil-fired external combustion devices indicate that approximately 0.24 kg filterable particulate matter is discharged per litres of diesel oil burned. This relatively low emission rate will not result in a significant contribution of suspended particulate to background concentrations. By comparison, light fuel oil (approximately 1.9% sulphur content) burners discharge approximately 1.2 kg particulate matter per litres fuel burned. Well operated coal-fired burners normally discharge more than 5 kg particulate per tonne of coal burned (US EPA emission factors). Efficient operation of fuel-burning equipment, including ensuring optimal fuel to air ratio, will minimise the discharge of products of incomplete combustion. Except for a brief period (not more than one minute) during start-up and periods of a few seconds during adjustment of the firing rate, an efficiently operated oil or gas-fired device should not cause significant visible smoke emissions. Thus the opacity of the discharge can be used as a check on combustion efficiency. Ringelmann charts are commonly used in New Zealand to measure the density of smoke emissions from small fuel-burning devices where the cost of installing opacity monitors in the stack is prohibitive. These charts consist of increasingly dark shades of grey where 20, 40, 60, 80 and 100% obscuration represent Ringelmann shades 0, 1, 2, 3 and 4 respectively. The miniature charts are designed to be held at arm s length by the observer and compared to the greyness of smoke discharged from a stack. Ringelmann Shade No. 1 equates to the observation of very light grey smoke and an obscuration of approximately 52% when measured by in-stack optical monitors (not 20% as might be expected). The Ringelmann method of measuring opacity is recognised by New Zealand Standard 5201:1973 and provides an uncomplicated technique to ensure compliance with the opacity condition. Page Chapter 3 Air Quality October 2009/June 2011

244 Regular burner servicing by a competent person is necessary to ensure efficient combustion and to remove ash accumulation within the device. This servicing will optimise the efficiency of heat transfer, reducing both total combustion product emissions and fuel costs to the user. Servicing by an experienced operator, including combustion gas analysis, at least once per year is required. Discharge from a chimney at a height of at least three metres above the roof of buildings within a radius (from the stack) of five times the building height minimises down-wash of the contaminant plume in the building wakes, thereby preventing high ground level concentrations close to the source. This stack height requirement is consistent with good engineering practice. In the case of smaller gas-fired burners (less than 500 kilowatts), stacks extending one metre above the roof ridgeline provide adequate dispersion of nitrogen oxides and other contaminants. It is also important that combustion products are discharged vertically into the air without obstruction by rain hats, wind deflectors or similar fixtures in or above the stack, thus ensuring that the dispersion of contaminants is maximised. Installation of a tapered efflux cone on the top of a stack will increase the emission velocity and improve dispersion. Limiting the sulphur content of permitted fuels to less than 0.35% effectively limits the fuels which are likely to be used in Canterbury to LPG, diesel and kerosene. This will ensure that sulphur dioxide and other contaminants discharged do not cause significant adverse effects and require that higher quality fuels are used, resulting in low particulate emissions. Provision of records to the Council of the amount and type of fuel burned in each device will assist development of contaminant emissions inventories. Thus the cumulative effects of emissions from permitted activities, in combination with other discharges, can be assessed. These records will also assist the Council when monitoring permitted activities. Rule AQL15 Rule AQL15A Internal combustion of diesel, petrol or gas 300 kw or less in the Christchurch Clean Air Zones 1 and 2 permitted activity Mobile internal combustion of diesel, petrol or gas 500 kw or less used to generate electricity in the Christchurch Clean Air Zones 1 and 2 permitted activity Small oil-fired generators are often used by businesses and institutions to provide electricity in the event of a power supply failure. These generators typically have an energy output of less than 300 kw and are usually operated infrequently for testing and maintenance purposes. Other internal combustion engines, such as pumps, are also maintained for emergency or occasional use. These include a number of mobile sub-500 kilowatt generators maintained and used by Orion New Zealand, a electricity network lines operator. These generators are used to provide electricity to local parts of the electricity network during short periods when the electricity network has failed or is compromised during periods of necessary maintenance. Emissions of particulate matter and nitrogen oxides (per kilogram of fuel burned) are significantly higher than from external combustion sources. However, because of the small scale and infrequency of discharge, any adverse effects are normally minor. The exhaust emission velocity is high, relative to external combustion appliances. Therefore unimpeded discharge above the roof of neighbouring buildings is sufficient to adequately disperse contaminants. According to US EPA emission factors, the emission rate of PM 10 from internal combustion engines can be up to 33 times higher than the emission rate from a boiler burning the same amount of diesel oil. Because of the potentially significant contribution from such internal combustion sources to ambient and localised PM 10, and NO 2 concentrations, the use of these generators as a permitted activity is generally restricted to maintenance, peak electricity network load management and emergency purposes only. Consequently, operating time is restricted. October 2009/June 2011 Chapter 3 Air Quality Page 3-231

245 The use of internal combustion equipment for peak electricity network load management is important to ensure the reliability and integrity of the lines and transmission networks and for electricity cost minimisation to the community. It also helps ensure that the community has reliable forms of back-up generation in the event of as natural disaster crippling the electivity system. However, this must be balanced against the potential contribution of this equipment to ambient PM 10 concentrations, and the potential localised adverse effects on the environment. In order to manage the potential contribution to ambient PM 10 concentrations, the total net combined energy output of the equipment used for peak electricity network load management is restricted. Further, in order to limit the period within which localised adverse effects may occur, the use of each generator for peak electricity network load management is restricted to no more than 300 hours per calendar year. Also, if not appropriately controlled, the use of internal combustion equipment during the defined times of electricity generation shortage potentially contributes PM 10 contaminant into Christchurch Clean Air Zone 1 and 2 during periods when PM 10 concentrations may be in excess of those specified in Objective AQL3. However, recognising the significant benefits of the appropriate management of the electricity generation potential, provision is made for the use of internal combustion equipment to generate electricity, when the nation requires the use of reserve generation capacity or when the South Island Minzone is reached, provided that the wind conditions are such that an inversion layer has not, and is not likely to, form. The use of a wind speed threshold does not eliminate all of the risk that PM 10 discharges from this equipment will contribute to PM 10 concentrations during such periods. However, on balance, a wind speed threshold is appropriate taking into account the benefits from providing for the discharge to air and the characteristics of the use of internal combustion equipment for this purpose. Rule AQL16 External combustion of diesel and kerosene greater than 100 kw to 2 MW or less, and gas greater than 5 MW to 20 MW or less in the Christchurch Clean Air Zones 1 and 2 controlled activity Rule AQL16A Internal combustion of diesel, petrol or gas greater than 300 kw in the Christchurch Clean Air Zones 1 and 2 controlled activity Classification of moderately sized gas and oil fuel-burning equipment as controlled activities will encourage burning of fuels causing relatively low sulphur dioxide and particulate matter emissions. Internal combustion engines such as electricity generators emit greater amounts of PM 10, nitrogen oxides and carbon monoxide than external combustion sources. Therefore only generators used for emergency electricity supply (where emissions are infrequent) and stationary engines used for less than the specified times within the rule are classified as controlled activities. Liquefied petroleum gas (LPG) and natural gas are regarded as relatively clean fuels because, when burned in efficient external combustion appliances, they emit only very small amounts of particulate matter and sulphur dioxide. For this reason the maximum size limit for controlled gas appliances is greater than that for diesel appliances. With appropriate controls imposed on stack height and device operation and maintenance, such moderately sized fuel-burning equipment can be operated in a manner which will cause only minor adverse effects. However, it is important that a specific assessment of effects is undertaken for each device to ensure that stack height is adequate and that background concentrations and emissions from other nearby industrial sources are taken into account. The use of internal combustion equipment for peak electricity network load management is important to ensure the reliability and integrity of the lines and transmission networks and for electricity cost minimisation to the community. It also helps ensure that the community has reliable forms of back-up generation in the event of a natural disaster crippling the electricity system. However, this must be balanced against the potential contribution of this equipment to ambient PM 10 concentrations, and the potential localised adverse effects on the environment. In order to manage the potential contribution to ambient PM 10 concentrations, the total net combined energy output of the equipment used for peak electricity network load management is restricted. Further, in order to limit the period within which Page Chapter 3 Air Quality October 2009/June 2011

246 localised adverse effects may occur, the use of each generator for peak electricity network load management is restricted to no more than 300 hours per calendar year. Also, if not appropriately controlled, the use of internal combustion equipment during the defined times of electricity generation shortage potentially contributes PM 10 contaminant into Christchurch Clean Air zone 1 and 2 during periods when PM 10 concentrations may be in excess of those specified in objective AQL3. However, recognising the significant benefits of the appropriate management of the electricity generation potential, provision is made for the use of internal combustion equipment to generate electricity, when the nation requires the use of reserve generation capacity or when the South Island Minzone is reached, provided that the wind conditions are such that an inversion layer has not, and is not likely to, form. The use of a wind speed threshold does not eliminate all of the risk that PM 10 discharges from this equipment will contribute to PM 10 concentrations during such periods, However, on balance, a wind speed threshold is appropriate taking into account the benefits from providing for the discharge to air and the characteristics of the use of internal combustion equipment for this purpose. Rule AQL16B Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation in Christchurch Clean Air Zones 1 and 2 restricted discretionary activity The use of internal combustion equipment for electricity generation is important to ensure the reliability and integrity of the lines and transmission networks and for electricity cost minimisation to the community. It also helps ensure the community has reliable forms of back-up generation in the event of a natural disaster crippling the system. Recognising this, the use of such equipment for this purpose in addition to that provided for in Rules AQL15, AQL15A and AQL16A is a restricted discretionary activity. Rule AQL17 Large scale fuel burning devices burning gas or oil not classed as permitted, or controlled or restricted discretionary in the Christchurch Clean Air Zones 1 and 2 discretionary activity Fuel-burning equipment fired by oil or gas which does not meet the criteria for a permitted or controlled activity under Rules AQL13 to AQL16 (due to size of the device, type of fuel or method of discharge) can discharge contaminants to air which potentially cause significant adverse effects. The cumulative effects of the discharge from the device and other contaminant discharges in the neighbouring area may also need to be considered. In these cases the effects of each new discharge should be assessed on a caseby-case basis and the Council must retain its discretion to either grant or decline consent applications based on the significance of adverse effects. Light fuel oil has a relatively high sulphur content (approximately 1.9% by weight). Burning of such residual oils can result in the discharge of significant quantities of sulphur dioxide, causing adverse effects if appropriate controls are not imposed. Such factors will be considered when effects are assessed for each consent application. Rule AQL18 Rule AQL18A Rule AQL18B Large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 discretionary activity Existing large scale fuel burning devices burning solid fuel with a combined heat output 1 MW or less in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 40 kw and less than or equal to 500 kw in the Christchurch Clean Air Zones 1 and 2 controlled activity October 2009/June 2011 Chapter 3 Air Quality Page 3-233

247 Rule AQL18C Rule AQL18D Rule AQL19 Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw and less than or equal to 1 MW in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity New large scale wood pellet burning devices with a combined heat output of less than or equal to 500 kw, or large scale wood pellet burning devices with a combined heat output of less than or equal to 500 kw replacing existing large scale fuel burning devices not burning solid fuel, in the Christchurch Clean Air Zones 1 and 2 restricted discretionary activity Large scale fuel burning devices burning solid fuel with a combined heat output greater than 1 MW in the Christchurch Clean Air Zones 1 and 2 discretionary activity Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from the industrial and commercial sector. Solid fuel burning is estimated to contribute approximately 92% of the PM 10 emissions from this sector in Christchurch. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Emission factors for coal and wood boilers of similar design to those used in Christchurch indicate that particulate emission rates (per kilogram of fuel burned) are in the order of 20 times the rate from diesel oil boilers. Economic analyses indicate that fuel use by this sector is likely to increase during the life of NRRP Chapter 3. While the contribution from this sector to ambient PM 10 concentrations in winter is estimated to be only approximately 8% at present, this contribution will increase in the future if emission control measures are not implemented. Because NRRP Chapter 3 is expected to achieve a marked reduction in emissions from the domestic sector, the proportional impact of industrial and trade emission sources will increase in the future. The most simple and cost-effective method of reducing industrial particulate emissions is to generally require compliance with a particulate emission concentration limit of 250 mg/m 3 TSP. Emission testing indicates that the majority of existing large scale fuel burning devices burning solid fuel in Christchurch can comply with this standard. All new large scale solid fuel burning equipment is expected to be able to comply with the standard. A cost-benefit analysis has been carried out for the rules controlling large scale solid fuel burning equipment. The analysis compares the costs of compliance with the 250 mg/m 3 TSP emission standard with the predicted costs of the proposed domestic rules. The results indicate that the cost-effectiveness of the large scale solid fuel burning rules for large appliances (capacity more than 1 MW) is similar to the cost-effectiveness of the rules requiring upgrading of existing domestic wood burners after 15 years. The cost-benefit analysis indicates that the cost effectiveness of rules for smaller industrial appliances (less than 1 MW in capacity) is less than that predicted for the larger appliances. This is because of the high cost of emission testing of numerous small appliances and the relatively small emissions reductions achieved. Evidence suggests that the majority of these smaller appliances are already able to comply with the 250 mg/m 3 TSP emission standard. Emission testing of these smaller appliances will therefore only be required once every five years. Existing small appliances will not be required to comply with the emission standard until 1 January It is expected that most existing appliances will have exceeded their useful economic life by this date. This approach ensures that existing and new appliances are treated fairly by preventing long-term operation of poorly performing existing appliances. Page Chapter 3 Air Quality October 2009/June 2011

248 The 250 mg/m 3 TSP limit is considered to be the best practicable option with regard to the emissions reductions required to meet the target, the financial costs involved and the ability to successfully implement controls. Compliance with this limit, combined with promotion of energy efficiency improvements and cleaner fuels, is expected to be able to control emissions from this sector so that the air quality target for PM 10 can be achieved and maintained. Rule AQL18A applies to existing solid fuel large scale fuel burning devices that would have otherwise been controlled by Rule AQL18. By existing what is meant is that as of 1 June 2002 (the date of public notification of Chapter 3) the large scale fuel burning devices were legally existing and operating, and continue to be legally operated at the time a resource consent application is made and considered under this rule. At that time these devices form an accepted part of the environment. When replacement resource consent is sought for these devices the consent authority is to consider localised adverse effects on the environment. Further, the consent authority is also to consider the extent to which the proposal adopts the best practicable option to prevent or minimise both localised adverse effects on the environment and the contribution of the large scale fuel burning device to ambient air quality within Christchurch, particularly PM 10 ambient air quality. Small (less than or equal to 1 MW) large scale wood pellet fuel burning devices are able to achieve significantly less particulate emissions, in part because of the wood pellet fuel burned. Where such large scale wood pellet burning devices are replacing existing large scale fuel burning devices combusting solid fuel, a minimum emission standard of 125 mg/m 3 TSP is currently readily achievable. Further, where large scale wood pellet fuel burning devices are purpose built and have a heat output less than 500 kilowatt a minimum emission standard of 72 mg/m 3 TSP is currently readily achievable. In the future, less particulate emission may be achievable, and become the best practical option technology. As this occurs, it is expected that devices considered in resource consent application processes will be subject to tighter emission standards. Rules AQL18B to AQL18D recognise and provide for this less emitting technology. The change in resource consent application activity status for replacement large scale wood pellet fuel burning devices for those 500 kw or less, and those between 500 kw and 1 MW, reflects the increased potential for the larger devices to create localised adverse effects on air quality, resulting in different resource consent application outcomes. It is possible that under Rule AQL18D a resource consent application may be made for more than one large scale wood pellet burning device located on more than one property at yet to be determined locations (a global consent application). The rule anticipates this may occur. Any such resource consent application will need to demonstrate that localised adverse effects on ambient air quality can be appropriately controlled at any property the resource consent may be exercised upon. In addition, it is important to ensure that a short term allocative approach is taken to the authorisation of emissions from these large scale wood pellet burning devices. This is necessary in order to carefully manage the overall achievement of Objective AQL3 and Regulations 17, 17A, 17C and 18 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and other Toxics) Regulations Such a short-term allocative approach is the most effective and efficient way of controlling cumulative effects of individual resource consents and managing uncertainty. Rule AQL20 Rule AQL21 Large scale fuel burning devices burning solid fuel 1 MW or less with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 prohibited activity for which no resource consent shall be granted Large scale fuel burning devices burning solid fuel greater than 1 MW with total suspended particulate (TSP) emissions greater than 250 mg/m 3 in the Christchurch Clean Air Zones 1 and 2 prohibited activity for which no resource consent shall be granted October 2009/June 2011 Chapter 3 Air Quality Page 3-235

249 Large scale solid fuel burning equipment can be operated in a way that minimises suspended particulate emissions through the adoption of appropriate control measures. In cases where the 250 mg/m 3 TSP limit cannot be achieved, switching to alternative fuels or installing filters or scrubbing equipment should be considered by plant operators. Accordingly, users of solid fuel burning equipment who choose not to adopt best practicable option controls to comply with the TSP emission limit will not be able to continue to discharge in the long-term. The reasons for imposing maximum TSP emission limits are detailed fully in the explanation of reasons for Rules AQL18 and AQL19. Rule AQL22 External combustion of gas 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Liquefied petroleum gas (LPG) and natural gas are regarded as relatively clean fuels because, when burned in well-operated boilers and heaters, only very small amounts of particulate matter and sulphur dioxide are discharged. Provided burners are well maintained and operated, there are no significant emissions of visible smoke from the stack. The most significant contaminants discharged from gas external combustion appliances are nitrogen oxides, consisting of approximately 95% NO and 5% NO 2 (US EPA AP-42 emission factors). Discharge from a 5 MW LPG boiler via a 7 m high stack will result in maximum ground level concentrations of nitrogen dioxide that are well within the criteria described above. Lower stack heights are acceptable for smaller gas burners with a heat output of less than 500 kw. In these cases discharge 1 m above the roof of nearby buildings provides adequate dispersion. Rule AQL23 External combustion of diesel or kerosene 2 MW or less outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Small scale (less than 2 MW) oil-fired combustion appliances are commonly used for heating factories, offices and institutions. Diesel oil and kerosene are typically burned. These fuels have a relatively low sulphur content (less than 0.35% by weight) and, when burned in well operated boilers and heaters, do not cause significant particulate matter emissions. Burners can normally be operated to limit emissions of visible smoke to a period of less than two minutes during an hour of operation. Regular maintenance is necessary to minimise contaminant emissions and excessive fuel consumption. The stack height requirement is consistent with good engineering practice. It is also important that combustion products are discharged vertically into the air without obstruction by rain hats, wind deflectors or similar fixtures in or above the stack, thus ensuring that the dispersion of contaminants is maximised. Provision of records to Environment Canterbury of the amount and type of fuel burned in each device will assist development of contaminant emissions inventories. Thus the cumulative effects of emissions from permitted activities, in combination with other discharges, can be assessed. These records will also assist the Council when monitoring permitted activities. The most significant contaminants discharged from these boilers and heaters are sulphur dioxide and nitrogen dioxide. Unimpeded discharge from stacks at the minimum heights described in Schedule AQL5 are predicted (based on dispersion modelling) to result in ground level concentrations of approximately 75% of the desirable levels for contaminants, as described by NRRP Chapter 3 ambient air quality policies. The minimum chimney heights are designed to ensure that areas with existing good air quality are not compromised by emissions from permitted fuel burning units. A target of 75% of the desirable level has been selected to allow for the additive effect of existing background concentrations (such as from residential fires) and the cumulative effects of emissions from a number of small permitted stack sources in close proximity. The minimum chimney heights specified in Schedule AQL5 have been derived from modelling that assumes neighbouring buildings and structures do not have a significant impact on dispersion. Where nearby structures are taller than 40% of the stack height, significant downwash of the contaminant plume Page Chapter 3 Air Quality October 2009/June 2011

250 can occur. In these cases significant sulphur dioxide discharges of more than 0.5 kg/hr will require specific modelling assessment via the consent application process. Rule AQL24 External combustion of solid fuel or light fuel oil 1 MW or less outside of the Christchurch Clean Air Zones 1 and 2 permitted activity There are numerous small scale (less than 1 MW) coal, wood and light fuel oil boilers and heaters in use throughout the Canterbury region. Provided these combustion appliances are well maintained and operated, fuel quality is carefully controlled and chimney stacks are sufficiently high, any adverse effects are usually minor. The impact of these discharges on ambient air quality is generally not significant. The rule incorporates the "net combined heat output capacity approach in order to ensure that a number of large scale fuel burning devices cannot discharge from a management area as a permitted activity in a manner which may result in cumulative adverse effects on the environment. The meaning of management area is defined within the rule. In summary, if a property (as defined in Chapter 1 of the Canterbury Natural Resources Regional Plan) is: (a) less than or equal to 1 hectare in area, the management area is the same as the property. For the purposes of this rule, the cumulative net combined heat output capacity of all external combustion equipment within that entire property must be greater than 40 kilowatts and less than or equal to 1 megawatt. (b) greater than 1 hectare in area, there may be one or more management areas within that property. For the purposes of this rule, the net combined heat output capacity of all external combustion equipment within 100 metres of the external combustion equipment being considered must be greater than 40 kilowatts and less than or equal to 1 megawatt. On properties in excess of 1 hectare, the number of management areas will equal the number of large scale fuel burning devices present. The net combined heat output capacity of all the combustion equipment in each management area will need to be determined. In some circumstances, one large scale fuel burning device will form part of more than one management area, and therefore will need to be considered more than once. If a large scale fuel burning device is located more than 100 metres away from any other large scale fuel burning device, then it will be the only external combustion equipment which needs to be considered within that management area. In the event that there is more than one management area on a property, any non-compliance within a single management area does not result in non compliance within other management areas of the same property. Small solid fuel burning appliances can normally be operated to limit the concentration of total suspended particulate emitted to less than 500 mg/m 3 (corrected to standard conditions). Use of wood or coal with minimal fine particles and impurities, and operation according to good practice guidance, is usually sufficient to achieve this target. The Environmental Code of Practice for the Operation of Coal Fired Boiler Installations (Coal Research Association of New Zealand Limited, 1996) with less than 5 MW capacity is useful in this respect. Compliance with the code of practice, manufacturer s operating instructions and the 500 mg/m 3 limit will minimise localised effects of particulate emissions, such as deposition on neighbouring properties. Light fuel oil and the large majority of coal used in small burners have a sulphur content of less than 2% by weight. As noted in the code of practice for small coal boilers, thermal insulation of the stack is normally required when the sulphur content exceeds about 0.75%. This minimises the formation of acid smuts when the stack temperature falls below the acid dew point of the combustion gases. Combustion of wood waste containing chemicals, paint and glues can cause the discharge of toxic and odorous compounds. Long term accumulation of some of these chemicals in the environment has potential to cause adverse health effects. Furthermore, emission of salts from treated timber can cause corrosion of the chimney stack. October 2009/June 2011 Chapter 3 Air Quality Page 3-237

251 Provision of records to Environment Canterbury of the amount and type of fuel burned in each device will assist development of contaminant emissions inventories. Thus the cumulative effects of emissions from permitted activities, in combination with other discharges, can be assessed. These records will also assist the Council when monitoring permitted activities. The most significant contaminants discharged from these boilers and heaters are sulphur dioxide and nitrogen dioxide. Unimpeded discharge from stacks at the minimum heights described in Schedule AQL5 are predicted (based on dispersion modelling) to result in ground level concentrations of approximately 75% of the desirable levels for contaminants, as described by NRRP Chapter 3 ambient air quality policies. The minimum chimney heights are designed to ensure that areas with existing good air quality are not compromised by emissions from permitted fuel burning units. A target of 75% of the desirable level has been selected to allow for the additive effect of existing background concentrations (such as from residential fires) and the cumulative effects of emissions from a number of small permitted stack sources in close proximity. The minimum chimney heights specified in Schedule AQL5 have been derived from modelling that assumes neighbouring buildings and structures do not have a significant impact on dispersion. Where nearby structures are taller than 40% of the stack height significant downwash of the contaminant plume can occur. In these cases significant sulphur dioxide discharges of more than 0.5 kg/hr will require specific modelling assessment via the consent application process. Rule AQL25 Rule AQL25A Rule AQL25B Rule AQL25C Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 and not on production land which is zoned rural in an operative city or district plan permitted activity Internal combustion of diesel, petrol or gas 300 kw or less on production land which is zoned rural in an operative city or district plan but outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 permitted activity Internal combustion of diesel, petrol or gas 300 kw or less outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 permitted activity Use of mobile internal combustion diesel, petrol or gas 500 kw or less used to generate electricity outside of the Christchurch Clean Air Zones 1 and 2 permitted activity Small oil-fired generators are often used by businesses and institutions to provide electricity in the event of a power supply failure. These generators typically have an energy output of less than 300 kw and are usually operated only infrequently for testing and maintenance purposes. Orion New Zealand, a electricity network lines operator, also uses a number of mobile sub-500 kilowatt generators. These generators are used to provide electricity to local parts of the electricity network during short periods when the electricity network has failed or is compromised during periods of necessary maintenance. Other internal combustion engines, such as pumps, are also maintained for emergency or occasional use. In addition, these generators and engines are frequently used in the rural sector. The use of internal combustion equipment for peak electricity network load management is important to ensure the reliability and integrity of the lines and transmission networks and for electricity cost minimisation to the community. It also helps ensure that the community has reliable forms of back-up generation in the event of a natural disaster crippling the electricity system. However, this must be Page Chapter 3 Air Quality October 2009/June 2011

252 balanced against the potential ambient air quality effects in clean air zones and localised adverse effects on the environment. Also, if not appropriately controlled, the use of internal combustion equipment during the defined times of electricity generation shortage potentially contributes PM 10 contaminant into clean air zones during periods when PM 10 concentrations may be high. Emissions of particulate matter and nitrogen oxides (per kilogram of fuel burned) are significantly higher than from external combustion sources. However, because of the small scale and infrequency of discharge, and within the rural environment the isolation of the discharge, any adverse effects are normally minor. The exhaust emission velocity is high, relative to external combustion appliances. Therefore unimpeded discharge above the roof of neighbouring buildings, or appropriate separation, is sufficient to adequately disperse contaminants. Provision of records upon request to Environment Canterbury of the amount and type of fuel burned in each device will assist development of contaminant emissions inventories. Thus the cumulative effects of emissions from permitted activities, in combination with other discharges, can be assessed. These records will also assist the Council when monitoring permitted activities. Rule AQL26 Rule AQL26A Rule AQL26B External combustion of diesel or kerosene greater than 2 MW to 5 MW or less, gas greater than 5 MW to 20 MW or less, and external combustion of solid fuel or light fuel oil greater than 1 MW to 5 MW or less outside of the Christchurch Clean Air Zones 1 and 2 controlled activity Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Internal combustion of diesel, petrol or gas greater than 300 kw outside of the Christchurch Clean Air Zones 1 and 2 but within Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Discharges from these moderately sized burners do not usually cause significant adverse effects, provided appropriate separation or stack design, fuel quality and combustion conditions are adequately controlled. Outside of already compromised clean air zones, the effects of particulate matter and sulphur dioxide emissions can be mitigated to prevent any major impact on ambient air quality. However, because of the scale of these discharges, the localised effects of emissions should be assessed in each case and conditions set accordingly. Large internal combustion equipment (greater than 300 kw output capacity) cause significant particulate matter and nitrogen dioxide emissions. While the discharge is usually infrequent, emissions may persist for a prolonged period (such as during a major power failure) and result in high ground level concentrations of contaminants. It is therefore necessary to assess the effects in each case to ensure contaminants are adequately dispersed. The use of internal combustion equipment for peak electricity network load management is important to ensure the reliability and integrity of the lines and transmission networks and for electricity cost minimisation to the community. It also helps ensure that the community has reliable forms of back-op generation in the event of a natural disaster crippling the electricity system. However, this must be balanced against the potential ambient air quality effects in clean air zones and localised adverse effects on the environment. Also, if not appropriately controlled, the use of internal combustion equipment during the defined times of electricity generation shortage potentially contributes PM 10 contaminant into clean air zones during periods when PM 10 concentrations may be high. The rule incorporates the "net combined heat output capacity approach in order to ensure that a number of large scale fuel burning devices cannot discharge from a management area as a controlled activity in a October 2009/June 2011 Chapter 3 Air Quality Page 3-239

253 manner which may result in cumulative adverse effects on the environment. The meaning of management area is defined within the rule. In summary, if a property (as defined in Chapter 1 of the Canterbury Natural Resources Regional Plan) is: (a) less than or equal to 1 hectare in area, the management area is the same as the property. For the purposes of this rule, the cumulative net combined heat output capacity of all external combustion equipment within that entire property must be greater than 40 kilowatts and less than or equal to 1 megawatt. (b) greater than 1 hectare in area, there may be one or more management areas within that property. For the purposes of this rule, the cumulative net combined heat output capacity of all external combustion equipment within 100 metres of the external combustion equipment being considered must be greater than 40 kilowatts and less than or equal to 1 megawatt. On properties in excess of 1 hectare, the number of management areas will equal the number of large scale fuel burning devices present. The net combined heat output capacity of all the combustion equipment in each management area will need to be determined. In some circumstances, one large scale fuel burning device will form part of more than one management area, and therefore will need to be considered more than once. If a large scale fuel burning device is located more than 100 metres away from any other large scale fuel burning device, then it will be the only external combustion equipment which needs to be considered within that management area. In the event that there is more than one management area on a property, any non-compliance within a single management area does not result in non compliance within other management areas of the same property. Rule AQL26C Internal combustion of diesel, petrol or gas in a large scale fuel burning device used for electricity generation outside of Christchurch Clean Air Zones 1 and 2 restricted discretionary activity The use of internal combustion equipment to generate electricity is important to ensure the reliability and integrity of the lines, transmission and supply networks. Recognising this, the use of such equipment for this purpose in addition to that provided for in Rules AQL25, AQL25A, AQL25B, AQL25C and AQL26A is a restricted discretionary activity. Rule AQL26D External combustion of solid fuel or light fuel oil greater than 5 MW in an existing large scale fuel burning device outside of Christchurch Clear Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 controlled activity Rule AQL26D applies to solid fuel or light fuel oil external combustion large scale fuel burning devices outside of the Christchurch Clean Air Zones 1 and 2, Rangiora Clean Air Zones 1 and 2, Kaiapoi Clean Air Zones 1 and 2 and Ashburton Clean Air Zones 1 and 2 which are greater than 5 MW that as of 25 March 2008 were legally existing and operating, and continue to be legally operated at the time a resource consent application is made and considered under this rule. At that time, these devices formed an accepted part of the existing environment. This rule provides for such devices to continue to be part of the existing environment into the future. When replacement resource consent is sought for these devices it is appropriate for the consent authority to consider requiring the implementation of the best practicable options available to minimise localised adverse effects on the environment. Page Chapter 3 Air Quality October 2009/June 2011

254 Rule AQL27 Large scale fuel burning devices not permitted, controlled, or restricted discretionary outside the Christchurch Clean Air Zones 1 and 2 discretionary activity Rule AQL27 applies to larger appliances that can have significant impact on air quality. Because of the scale of emissions, and the potential for adverse effects if burners are not operated according to good practice, it is necessary to assess effects with regard to the local conditions that apply in each individual case. Thus background contaminant concentrations, additive effects with other large industrial sources, terrain and meteorological factors, and burner design and operation should be considered during the consent application process. The discretionary activity rule also applies to fuel burning equipment that is not a restricted discretionary activity in accordance with Rule AQL26C, or cannot meet the conditions of Rules AQL22 to AQL26B or AQL26D for various reasons, including: insufficient stack height; poorly designed rain excluding devices; high fuel sulphur content; lack of stack insulation; excessive particulate emissions; or use of a fuel not specified in the rules. In these cases the discharge has potential to cause significant adverse effects. It is therefore necessary to undertake a case-specific assessment of effects via the consent application process Regional rules for discharges to air for outdoor burning There are appropriate and practical reasons for the outdoor burning of particular materials. However, outdoor burning has the potential to cause significant adverse effects including health, amenity and nuisance effects from smoke and odour. It is also recognised that there are more appropriate alternative disposal options to outdoor burning of materials available and that these should be used in the first instance when disposing of wastes. Rules AQL28 to AQL32 provide for outdoor burning of standing crop residue, vegetation, paper, cardboard, untreated wood, polyethylene agricultural wrap, used polyethylene agrichemical or animal remedy containers, and animal carcasses and offal as permitted activities. Undertaken in an appropriate manner the outdoor burning of these materials is unlikely to cause significant adverse effects. Rule AQL33 provides for the necessary activity of firefighting research and firefighting training. In some instances it is necessary to undertake a case-specific assessment of effects via the consent application process for outdoor burning where the conditions of the rules are not met as required under Rules AQL28 to AQL33. This assessment of effects would consider the proposed method of discharge, mitigation measures, the sensitivity of the location and alternative options available. Rules AQL36 and AQL37 identify materials and locations at which outdoor burning is prohibited. This is necessary to avoid adverse effects that cannot be overcome by conditions. A more stringent approach to outdoor burning has been adopted for the residential areas of Canterbury. No outdoor burning will be permitted in residential areas without resource consent because of significant nuisance and health effects in dense population areas. Further, there are more likely to be alternatives available in these areas. A different regulatory approach is also adopted for the area covered by the Christchurch Clean Air Zones 1 and 2 as opposed to the rest of Canterbury. This is because Christchurch has to be considered in the context of the winter ambient air quality problem where there a number of exceedences of the PM 10 air quality target. The contribution to particulate matter concentrations from outdoor burning has the potential to significantly impede efforts at achieving the PM 10 air quality target. October 2009/June 2011 Chapter 3 Air Quality Page 3-241

255 Rule AQL28 Outdoor burning of standing crop residue or vegetative stubble permitted activity Burning of crop residue (stubble) is significant in Canterbury because approximately 60% of New Zealand s arable crops are grown in the region. In terms of quantity of material burned, outdoor burning of residual crops in Canterbury is the dominant emission source. Approximately tonnes per year of crop stubble is burned, compared to only approximately tonnes per year of vegetation from horticultural and lifestyle farming properties. Despite the large mass of material burned, the adverse effects of stubble burning may often be less than those caused by other vegetation fires. This is because stubble burns generally occur during late summer and autumn when the material is dry, resulting in good combustion conditions and effective dispersal of contaminants. Further, because of the short term nature of stubble burning, it is considered that it can be undertaken in weather conditions that avoid significant adverse effects. Adverse effects of stubble burning have never been quantified, although Environment Canterbury receives complaints about the adverse effects of stubble burning. Localised effects are highly likely and there is a potential for contribution to ambient air quality problems for Ashburton and some small rural towns of Canterbury. It is plausible that the use of good practice techniques will result in adverse health effects and nuisance effects being minimised. In the future, research may identify that tighter controls are necessary, especially if good practice does not occur. These regulatory controls may include distance limits as contained in Rule AQL29 and signage posted on public roads to ensure adverse effects of the discharge are avoided. The alternatives to stubble burning are limited and have not gained widespread favour as yet. Alternatives to crop residue burning near sensitive activities are being advocated by Environment Canterbury. Rule AQL29 Outdoor burning of vegetation, paper, cardboard and untreated wood permitted activity Burning of dry vegetation, cardboard, paper and untreated wood can be carried out in a manner that causes only minor adverse effects. However, it is likely to result in significant adverse effects at a distance of less than 100 metres downwind of the fire. While some nuisance effects may occur at greater distance downwind, these will be minimised by following the good practice guide. Because of the unpredictable nature of weather conditions, a minimum setback of 50 metres to neighbouring dwellings and other sensitive areas is necessary. Outdoor burning in residential areas will be a discretionary activity because of Condition 2, and will require a resource consent. Matters identified in Policy AQL4(c)(ii) and (iii) should be taken into account in granting any consent. Residential area is defined in Chapter 1, and must be both used primarily for residential purposes and zoned residential (excluding rural residential or to similar effect) in the operative district plan. Burning according to the burning guide in Appendix AQL1 will minimise contaminant emissions. In particular, it is important that vegetative waste is thoroughly dried and stacked loosely to allow optimal combustion conditions. Awareness of weather conditions, notably the forecast wind strength and direction, is also very important. Only burning of untreated wood is allowed. Burning of treatment chemicals, glues and paint with wood can cause the discharge of toxic and odorous contaminants. Treatment chemicals such as copper, chromium and arsenic can accumulate in the environment with potential to cause adverse health effects in the long-term. Painted timber in particular is of concern because of the significant potential for the paint to be lead-based. Burning of such materials has the potential to create lead hotspots, which may be ingested by animals or children, for example. Page Chapter 3 Air Quality October 2009/June 2011

256 Large scale commercial burning of vegetation is prevented by Condition 3. Burning of large amounts of vegetative material at one centralised site could result in effects that are both more frequent and of greater magnitude than those anticipated by the permitted activity rule. In that case a resource consent would be required under Rule AQL34. Rule AQL29A Outdoor burning of vegetation, paper, cardboard and untreated wood in residential and living zones - non-complying activity Residential burning has localised and cumulative effects. In the worst case example of a significant number of outdoor fires in larger urban areas, it has the potential to significantly affect air quality and create localised nuisance effects. The larger cities in the Region, such as Christchurch and Timaru have ready access to alternatives to outdoor burning, to dispose of green waste, cardboard, paper, and untreated wood. Most of the towns are served by transfer stations and recycling depots. Allowing outdoor burning is not the most effective and efficient method to manage the disposal of green waste, especially in residential areas where kerbside collection, recycling depots or transfer stations are provided. This means that non-complying activity status is appropriate for this activity, but there may be exceptional circumstances when a resource consent may be granted. Rule AQL29B Outdoor burning of vegetation, paper, cardboard and untreated wood in residential and living zones - permitted activity In residential and living zones where kerbside collection, transfer stations, or recycling depots are not available, outdoor burning may be the only or most practical option to dispose of green waste, paper, cardboard, and untreated wood. In these cases, the activity is classified as a permitted activity, subject to conditions to ensure that outdoor burning is undertaken in a manner that minimises the likelihood of nuisance effects. Rule AQL30 Outdoor burning of polyethylene agricultural wrap before 1 January 2011 permitted activity Rule AQL30A Outdoor burning of polyethylene agricultural wrap from 1 January 2011 and before 1 January 2014 restricted discretionary activity Disposal of used polyethylene silage or bale wrap poses a significant waste problem for the agricultural sector. At present outdoor burning of this material is viewed by the farming sector as one of the most practical methods of disposal currently available. Therefore, Environment Canterbury has taken a pragmatic approach to the disposal of polyethylene silage or bale wraps. It has permitted their burning in the short-term, until environmentally preferable waste management options become available for these materials. Representatives of the farming and horticulture sectors agree that the time limitations in Rule AQL30 and AQL30A will allow sufficient time for recycling programmes to be established and implemented by industry and user groups, while creating the necessary incentives to ensure that this will happen. Burning of polyethylene wrap on a blazing fire minimises the discharge of particulate matter and volatile organic compounds. This is achieved by adding loose bundles of clean wrap to a blazing vegetation fire in accordance with the preferred burning guide in Appendix AQL1. Following the good practice guide, and adherence to the required setback distances, may prevent significant nuisance effects at neighbouring properties and reduce contaminants discharged. Large scale commercial burning of silage wrap is prevented. Burning of large amounts of this material at one centralised site could result in effects that are both more frequent and of greater magnitude than those anticipated by the permitted activity rule. Disposal of used polyethylene silage or bale wrap poses a significant waste problem for the agricultural sector. Disposal of these bulky coverings at landfills is expensive and viable recycling or re-use options are not currently available. At present outdoor burning of this material is viewed by the farming sector as October 2009/June 2011 Chapter 3 Air Quality Page 3-243

257 the most practical method of disposal currently available. Therefore, Environment Canterbury has taken a pragmatic approach to the disposal of polyethylene silage or bale wraps. It has permitted their burning in the short-term, until environmentally preferable waste management options become available for these materials. Development of these alternative options will be encouraged by Environment Canterbury and are actively being identified by the Ministry for the Environment. A condition seeking to restrict burning to instances where there are no reasonable re-use, recycling or energy recovery options available is unfortunately too vague as an interim provision. Environment Canterbury therefore proposes to review the rule when a viable option presents itself. In this regard, it is noted that the Ministry for the Environment as part of its dioxin action plan, proposes to prohibit the outdoor burning of polyethylene silage or bale wrap. If this is implemented then this rule and Environment Canterbury s approach will need to be reviewed. Outdoor burning of polyethylene agricultural wrap in residential areas will be a discretionary activity because of Condition 2, and will require a resource consent. Matters identified in Policy AQL4(c)(ii) should be taken into account in granting any consent. Burning of polyethylene wrap under optimal combustion conditions minimises the discharge of particulate matter and volatile organic compounds. This is achieved by adding loose bundles of clean wrap to a blazing vegetation fire in accordance with the preferred burning guide in Appendix AQL1. Following the good practice guide, and adherence to the required setback distances, may prevent significant nuisance effects at neighbouring properties and reduce contaminants discharged. It is important that no other plastics be burned. Plastics commonly contain chlorine and other contaminants that result in toxic emissions when burned. For example, burning of PVC plastic emits hydrogen chloride, dioxins and furans. Burning of general domestic refuse (containing plastics) is regarded as a significant source of dioxins worldwide. Large scale commercial burning of silage wrap is prevented by Condition 4. Burning of large amounts of this material at one centralised site could result in effects that are both more frequent and of greater magnitude than those anticipated by the permitted activity rule. In that case a resource consent would be required under Rule AQL34. Rule AQL32 Outdoor burning of animal carcasses and offal permitted activity Rule AQL32 provides for the burning of animal carcasses and offal on production land for quarantine or disease control purposes and where the disposal of carcasses and offal to pits can threaten groundwater quality. Burning of animal carcasses and offal on production land is occasionally necessary for quarantine or disease control purposes. In some rural areas of Canterbury groundwater is close to the surface. In these areas disposal of carcasses and offal to pits can threaten groundwater quality. While composting is the environmentally preferable disposal option, it is recognised that burning may be necessary in some cases. Because of the nature of the material burned, poor combustion conditions can result in significant smoke emissions. This problem can be reduced by burning carcasses together with other material, such as dry vegetation and wood. Outdoor burning of animal carcasses and offal typically occurs in rural areas, and on an infrequent basis. Because of these factors, the obvious need for disease control, and the required setback from neighbouring dwellings and sensitive areas, any minor adverse effects are considered to be acceptable. Outdoor burning of animal carcasses and offal in residential areas is unlikely to occur and will be a discretionary activity requiring a resource consent because of Condition 2. Matters identified in Policy AQL4(c)(ii) should be taken into account in granting any consent. Page Chapter 3 Air Quality October 2009/June 2011

258 Rule AQL33 Outdoor burning for fire fighting research and fire fighting training purposes permitted activity Rule AQL33A Outdoor burning of buildings for purposes of training fire-fighters permitted activity It is occasionally necessary for fire fighting organisations to undertake training that requires burning of buildings, vegetation or fuels such as diesel oil. Provided such burning is carried out with appropriate care by a group authorised to undertake fire fighting duties, any adverse effects caused by infrequent emissions are normally minor. Similarly, burning of vegetation to control wildfires (such as back-burning) is an essential and infrequent activity. Activities may be sensitive to nuisance effects from the burning of disused buildings for fire fighting training. However, the rationale for permitting the outdoor burning of buildings for the purpose of training fire-fighters is that the public good of efficient fire fighting training outweighs any temporary effects of incidental releases of contaminants to air associated with this training. It is unavoidable that smoke and other contaminants will be discharged beyond the site boundary. Specific controls are included within Rule AQL33A to minimise the adverse effects of the discharge of contaminants to air on both the local and ambient air quality. In relation to ambient air quality, it is necessary to ensure that the burning of buildings for the purposes of training fire-fighters does not add to known winter-time PM 10 ambient air quality issues within the Region. In addition, the New Zealand Fire Service and Environment Canterbury have entered into a detailed Memorandum of Understanding to ensure the controls within Rule AQL33A are effective. Rule AQL34 Outdoor burning not permitted by Rules AQL28 to AQL33 discretionary activity Rule AQL34 applies to outdoor burning of materials (provided they are not prohibited by Rules AQL36 or AQL37) in a way that does not meet the conditions of Rules AQL28 to AQL33 for various reasons, including: (a) failure to comply with setback distances to sensitive activities, including (but not limited to) dwellings; or (b) outdoor burning in a residential area; or (c) commercial burning of materials collected from several properties. In these cases outdoor burning has potential to cause significant adverse effects or is not the most appropriate waste management option. It is therefore necessary to undertake a case-specific assessment of effects via the consent application process. Assessment of effects would consider the proposed method of discharge, mitigation measures, the sensitivity of the location, alternative options available and actual or potential effects on the environment. Rule AQL35 Outdoor burning in winter in the Christchurch Clean Air Zones 1 and 2 non-complying activity Outdoor burning in fuel burning devices, except for food cooking, has been controlled in metropolitan areas of Christchurch since September 1988 when Christchurch City Council Bylaw 119A restricted burning in the outdoors except in the months of March, April, September and October. Outdoor burning during winter months has the potential to significantly elevate levels of PM 10 in Christchurch. Other than the situations provided for by Rules AQL35A and AQL35B, burning should therefore be prevented during this period, unless it can be justified by the exceptional circumstances of a specific case. The effects of burning in such a case would be assessed via a resource consent application, having regard to the alternative disposal options available. Matters contained in Policy AQL21(b) will be taken into account. October 2009/June 2011 Chapter 3 Air Quality Page 3-245

259 Rule AQL35A Outdoor burning of diseased vegetation from production land in winter in the Christchurch Clean Air Zone 2 in winter permitted activity Occasionally, during the winter months, horticultural and agricultural activities require some types of diseased vegetative matter arising from primary production activities to be disposed of by burning in order to control disease. In these situations, when the storage of the diseased material (until after winter) poses a threat to production processes and there is no viable alternative disposal technique, it is recognised that some provision should be made for burning to occur. However, this should only be permitted under very tightly controlled conditions which prevent PM 10 emissions from contributing to ambient PM 10 concentrations in the Christchurch Clean Air Zone 1. This permitted activity rule is intended to capture only primary production activities occurring on production land which is zoned for that purpose in the Christchurch City Plan. Under these circumstances enabling burning during the winter months furthers the communities well being. As such, the material permitted to be burned is limited to diseased vegetation which must be burned to control the disease. The material to be burned must be from that property, or the 2 adjoining properties, which must be production land, zoned Rural in the Christchurch City Plan and within Christchurch Clean Air Zone 2. Currently the rural zones within the Christchurch City Plan are Rural 1-7, Rural Hills and Rural Quarry. The conditions set out within Rule AQL35A seek to prevent emissions from contributing to ambient PM 10 concentrations in the Christchurch Clean Air Zone 1, by (i) minimising the amount of material burnt at any one time on one property; (ii) ensuring that the material burned is not wet ; and (iii) ensuring that burning does not take place at times when inversion layers can develop and when ambient concentrations of PM 10 are at their highest. As such burning may only occur between 8am and 2pm, when the wind is blowing away from the Christchurch Clean Air Zone 1 and when wind speeds are greater than 5 metres per second. For ease of interpretation, a wind speed of 5 metres per second is equivalent to 10 knots, 18 kilometres per hour, and approximates 4 on the Beaufort Scale, which is the speed at which dust and loose paper are raised and small branches begin to move. However, a wind speed monitor must also be present at the burn, so that the fire can be extinguished if the wind speed drops below 5 metres per second. Burning should be supervised at all times by a suitable person, capable of extinguishing the fire if the conditions for discharge (such as wind speed, wind direction, time of day) are not met. The necessary equipment must be available in order that, if required, this person can extinguish the fire within a maximum time of 30 minutes, so that there is no continued discharge to air. Environment Canterbury must be informed of the intention to burn at least 2 hours before burning commences either in writing or by phoning Environment Canterbury s pollution hotline. Records must be kept of all burning, including the condition of the material (percentage moisture content or drying time), the volume of the material (footprint and height), dates and times of burn (including duration and discharge), persons present, wind speed and wind direction. These records shall be provided to Environment Canterbury on request. Rule AQL35B Outdoor burning of prunings from production trees and shelterbelts on production land in the Christchurch Clean Air Zone 2 in winter restricted discretionary activity Occasionally, during the winter months, horticultural and agricultural activities may need to dispose of prunings from production trees and shelterbelts through burning. Whilst this disposal may not be critical for disease control, as provided for under Rule AQL35A, it is recognised that in some situations, an inability to burn some vegetative waste may impact upon commercial operations, and therefore resulting in implications for the community s well being. Rule AQL35B recognises this, and provides for the application for resource consent as a restricted discretionary activity. Council s discretion includes consideration of the effects on ambient air quality and localised adverse effects. Page Chapter 3 Air Quality October 2009/June 2011

260 Rule AQL36 Outdoor burning of specified waste prohibited activity for which no resource consent shall be granted The reduction in the discharge of toxic, corrosive and odorous compounds from the outdoor burning of inappropriate material identified in Rule AQL36 will be beneficial to human health and the life-supporting capacity of the environment, flora and fauna, as well as to the localised and ambient air quality of an area, and will reduce the nuisance effects of smoke and odour. Outdoor burning of items such as chlorinated plastics, rubber, metal cables, waste oil and nonsegregated refuse can emit toxic compounds that accumulate in the environment. Common examples are dioxins, furans and heavy metals. Such burning under uncontrolled conditions can cause health and nuisance effects, including significant smoke and odour. These effects are exacerbated by poor combustion conditions. Outdoor burning of such materials is therefore prohibited by Rule AQL36. The Ministry for the Environment has identified in its dioxin action plan that all of the wastes identified in Rule AQL36 should be prohibited from burning outdoors. Rule AQL37 Outdoor burning of any materials within a landfill site, waste transfer station or waste recovery area prohibited activity for which no resource consent shall be granted Outdoor burning of any materials other than landfill gas emissions within a landfill site, waste transfer station or waste recovery area could contain many unknown contaminants, some of which could be potentially hazardous air pollutants and dangerous to human health, accumulate within the environment and also create nuisance effects from the discharge of smoke and odour. Items such as chlorinated plastics, rubber, metal cables, waste oil and non-segregated refuse can emit toxic compounds that accumulate in the environment including dioxins, furans and heavy metals. Poor combustion conditions can exacerbate the adverse effects. Therefore the outdoor burning of any materials within a landfill site, waste transfer station or waste recovery area is prohibited by Rule AQL Regional rules for discharges to air from industrial or trade premises and industrial or trade processes Regional rules have been used as the basis for management and control of discharges to air from large scale fuel burning devices such as those used in industrial or trade premises or processes because the RMA specifies in Section 15 that discharges to air from industrial or trade premises or processes cannot take place unless allowed by a resource consent or by a rule in a regional plan. Industrial or trade premises and processes have the potential to cause significant adverse effects including health, amenity and nuisance effects from the discharge of a variety of contaminants depending upon the materials and processes used. However, it is also acknowledged that the discharges from many industrial or trade premises and processes cause only minor adverse effects and that with good management techniques, the adverse effects can be reduced and minimised so as not to go beyond the boundary of the property where the discharge originates. Thus, Rules AQL38 to AQL56 have been determined to be the most efficient and effective means of reducing the localised air quality and nuisance effects associated with the discharges from industrial or trade premises and processes with minor public health, amenity, nuisance or environmental effects throughout the Canterbury region. Where the conditions of Rules AQL38 to AQL56 cannot be met or the industrial or trade premise or process falls within the ambit of Rule AQL57, then the effects are more than minor and an assessment of effects through the resource consent process would need to occur on a case-by-case basis under Rule AQL57. This assessment of effects would consider the proposed method of discharge, mitigation measures, the sensitivity of the location, alternative options available and actual or potential effects on the environment. October 2009/June 2011 Chapter 3 Air Quality Page 3-247

261 Rule AQL38 Fugitive dust emissions from unconsolidated surfaces permitted activity Discharges from unsealed or unconsolidated surfaces on industrial or trade premises and construction sites are common, but mitigation measures can be employed to prevent windblown dust emissions from these sites causing nuisance effects. Condition 1 has been adopted to control potential adverse effects on neighbouring properties. Consideration will be given to the assessment guidelines for dust in assessing the offensive or objectionable nature of any dust discharged beyond the property boundary. Rule AQL39 Petroleum storage and transfer facilities permitted activity Petroleum storage and transfer facilities are often located near to residential and commercial areas that may be sensitive to hydrocarbon emissions. It is therefore important that facilities and emission vents are positioned to prevent local odour nuisance. Where this is achieved the concentration of hydrocarbons is sufficiently low to prevent significant short-term health effects. Rule AQL40 Dry cleaning permitted activity Provided dry cleaning systems are well maintained and operated, their discharges are unlikely to cause adverse health or nuisance effects. Solvent recovery and re-use will minimise the contribution of hydrocarbons from these sources to ambient air pollution. However, the effectiveness of solvent recovery methods varies and those dry cleaners discharging large quantities of hydrocarbons should be assessed in each case via a resource consent application. Older dry cleaning processes that do not recover used solvents cause significant hydrocarbon emissions that may result in local odour nuisance and contribute to poor ambient air quality. Control of these systems via the resource consent process is required to minimise emissions and encourage use of solvent recovery techniques. Rule AQL41 Metal work processes permitted activity The majority of outdoor metal working processes are small scale and transient. Provided that these processes are adequately removed from sensitive areas, such as dwellings, they can be carried out in a manner that does not cause adverse effects. Discharges from welding and other metal working processes carried out on manufacturing lines are often ducted to an emission stack or vent. Filtration of the discharge to remove particulates and appropriate location of emission vents are usually sufficient to prevent nuisance effects. Processes involving melting of metals in foundries, smelters and associated activities would be excluded from the permitted activity status as these activities have the potential to cause significant health and nuisance effects. Investigation on a case-by-case basis via the resource consent process is therefore required to ensure that appropriate mitigation measures are implemented. Rule AQL41A Metal work processes subject to Rule AQL41 but which do not comply with the conditions in that rule - restricted discretionary activity Rule AQL41A controls the discharge of contaminants to air from metal work processes which are subject to Rule AQL41 but fail to meet one or more of the conditions of Rule AQL41. Where conditions are not met, the rule provides for the exercise of the appropriate level of control of any potential adverse effects on the environment resulting from the discharge. The rule specifies the matters of discretion which the consent authority retains when considering any application for consent under this rule. Page Chapter 3 Air Quality October 2009/June 2011

262 Rule AQL42 Rule AQL42A Rule AQL42B Existing handling of bulk materials permitted activity Handling of bulk materials as part of a quarry or mining activity not permitted by Rule AQL42 permitted activity Handling of bulk materials not part of a quarry or mining activity and not permitted by Rule AQL42 permitted activity Where the size of the bulk material operation is small, mitigation measures can be effectively implemented to prevent dust nuisance at neighbouring properties. Siting of larger scale operations at a distance well removed from dwellings and other sensitive areas is also an effective means of preventing significant nuisance. Rule AQL42 recognises and provides for those bulk handling facilities within the Region existing on or before 1 June 2002 which were legally established without the need to obtain a permit or resource consent. Existing means those activities which were physically present and operational within the 12 months prior to 1 June 2002 and continue to be undertaken at least once every 12 months since that date. Rule AQL42A permits new quarry and mining activities that are of a size, intensity, type and location which provide a high degree of confidence that the adverse effects of the discharge to air of dust can be effectively mitigated by relatively straight forward means undertaken by the quarry operator. Rule AQL42B permits other handling of bulk materials not part of a quarry or mining activity within the Region when there is a high degree of confidence that that the adverse effects of the discharge to air of particles can be avoided either through the size or location of the activity. When the bulk handling is located within a permanent structure, there is unlikely to be discharges to air. If discharges to air do occur, they will be associated with the ventilation of the structure. For the purpose of Rules AQL42A and AQL42B fully enclosed refers to a structure that is totally covered by a combination of permanent cladding, and windows and doors which can be closed. Rule AQL42C Handling of bulk materials at the Port of Lyttelton restricted discretionary activity As the major export and import gateway for the Canterbury Region s bulk materials, the ability of Lyttelton Port to handle large-quantities of bulk material is recognised as being important to the well-being of the community. Nevertheless, the actual or potential effects of the discharge of containments associated with the bulk material operations at the Port need to be avoided, remedied or mitigated. The permitted activities set out in Rules AQL42 and 42B are in most instances not applicable for the Port operation, and instead a resource consent process would be triggered by Rule AQL42C. Rule AQL42C applies on the landward side of the Coastal Marine Area within the Port of Lyttelton s operational area. The rule applies to existing and any new land within this operational area. The operational area is the area shown as the LP (Lyttelton Port) on Maps S1, S2 and S3, or land outside of the coastal marine area which is within the Boundary of the Operational Area of the Port of Lyttelton shown on Map 5.1, contained within Schedule AQL7. Maps S1, S2 and S3 are derived from the Proposed Banks Peninsula District Plan and Map 5.1 is from the Canterbury Regional Coastal Environment Plan (both as of May 2009). Rule AQL43 Seed cleaning permitted activity Where seed cleaning operations are well removed from sensitive areas, appropriate filtration systems can be installed that prevent the discharge of particles causing nuisance at neighbouring properties. Good housekeeping measures, including regular emptying of collection bins and cleaning of surfaces where dust may accumulate, are normally adequate to prevent secondary discharge of dust from the site. October 2009/June 2011 Chapter 3 Air Quality Page 3-249

263 Rule AQL44 Clay firing permitted activity Emissions from small scale pottery processes are unlikely to cause adverse health or nuisance effects. The 50 kilogram per day (dry weight) production limit will allow these small craft workshops to continue without requiring a discharge permit. On the basis of US EPA emission factors, a workshop operating at this production limit would produce approximately 2.3 kilograms of suspended particulate matter per day from drying and storage of clay. Much of this dust consists of large particles that will settle in the workshop without being discharged into air outside the building. Combustion of LPG to heat small kilns will result in the discharge of some contaminants into the workplace. The primary contaminants discharged that may cause adverse effects are nitrogen oxides. Because of the small amount discharged, these contaminants are unlikely to cause adverse health effects once discharged from the building and dispersed beyond the property. Rule AQL45 Rule AQL46 Laboratory fume cupboards in educational institutions permitted activity Commercial laboratory fume cupboards permitted activity NZS (adopted from AS ) addresses fume discharge in section 3.2.7, page 12. The standard requires that: (a) contaminant emissions are minimised; (b) a minimum emission velocity of 10 metres per second is achieved; (c) discharge is vertically upward, as remote from air intakes as possible, at a minimum height of three metres above the roof at the point of penetration and any access walkway. Discharge of contaminants into the air three metres above the building roof, at more than 10 metres per second, minimises the down-wash of contaminants in the lee of the building. Thus contaminants are well dispersed and concentrations at ground level and at neighbouring areas where persons may be present are normally below recognised guideline concentrations. The standard recognises that factors such as nearby large buildings, building shape, topography and vegetation can influence dispersion of contaminants. These complex situations can require more detailed investigation to ensure adequate dispersion is achieved, including use of atmospheric dispersion modelling. Tall neighbouring buildings within 15 metres of the stack can cause significant down-wash of contaminant plumes. Thus, Condition 1 recognises the effects of discharges from emission stacks at a height of less than one metre above the maximum height of any building or structure within 15 metres of the stack should be assessed separately via the resource consent process. Education institutions have been dealt with separately in recognition that people will be in close proximity to the discharge. Condition 3 for Rule AQL45 is therefore different to Condition 4 for Rule AQL46. There is also an additional requirement for commercial laboratories to comply with New Zealand Standard : Safety in Laboratories Part 8 - Fume Cupboards, in recognition that commercial laboratories are more likely to handle hazardous substances. Rule AQL47 Wood waste generating processes permitted activity Appropriate filtration systems can be installed which prevent discharge of wood waste that may deposit on neighbouring properties. Good housekeeping measures, including regular emptying of collection bins and cleaning of surfaces where dust may accumulate, are normally adequate to prevent wind blown dust from leaving the site. Rule AQL48 Discharges of heat, steam and water vapour permitted activity Water vapour plumes or steam from cooling towers and air-cooled heat exchangers are not generally considered to have any significant adverse environmental effects. Page Chapter 3 Air Quality October 2009/June 2011

264 Conditions have been adopted to control nuisance on neighbouring properties. Condition 3 reflects that well maintained cooling towers and heat exchangers minimise the discharge of contaminants into air. Rule AQL49 Food and animal product cooking and processing permitted activity Most small scale food cooking and processing operations can be normally undertaken in a manner that does not cause significant odour or other adverse effects. In some cases, such as coffee roasting and garlic processing, emission control measures may be required to ensure that the odour condition is met. The conditions addressing particle dispersion will require the discharger to control significant smoke and other particulate matter emissions. Activities such as extraction, distillation or purification of animal fats, other than as a process incidental to the cooking of food; and rendering and reduction of animal matter by application of heat; and the processing of skins, including fellmongery and tanning have the potential to cause significant odour and nuisance. Regard should be had to the appropriate location of these activities on a case-by-case basis. Discharges from domestic premises are not covered by this rule but remain subject to the nuisance provisions of section 29 of the Health Act Rule AQL49A Food or animal product cooking and processing subject to Rule AQL49 but which do not comply with the conditions in that rule - restricted discretionary activity Rule AQL49A controls the discharge of contaminants to air from food or animal product cooking and processing which are subject to Rule AQL49 but fail to meet one or more of the conditions of Rule AQL49. Where conditions are not met, the rule provides for the exercise of the appropriate level of control of any potential adverse effects on the environment resulting from the discharge. The rule specifies the matters of discretion which the consent authority retains when considering any application for consent under this rule. Rule AQL50 Fumigation permitted activity Fumigation is a permitted activity because it generally does not result in significant adverse effects on the environment. The rule applies where fumigation is undertaken on industrial or trade premises or from industrial or trade processes, as it is commonly used as a method of pest control in such situations. However, using ethylene dibromide, ethylene oxide, methyl bromide, hydrogen cyanide, phosphine or chloropicrin as fumigants can cause significant adverse health effects if these are not appropriately located away from sensitive activities. It is considered that the use of these fumigants is best assessed on a case-by-case basis via a resource consent process. Fumigation is also controlled by other regulations such as the Fumigation Regulations These regulate requirements such as notification and signage in varying ways depending on the fumigant used. Rule AQL51 Water blasting permitted activity Water blasting is generally of little concern where appropriate management techniques are adopted. The conditions of Rule AQL51 provide for these. Provided the conditions specified are met, water blasting can be carried out without causing significant adverse effects on the environment. Nuisance effects can normally be limited to the property where blasting is undertaken by use of screening where necessary. Regular collection of debris will prevent the accumulation of particles that may be blown onto neighbouring properties. In some cases blasting may not be able to comply with the conditions of the permitted activity rule, particularly where the structure being blasted is located close to the property boundary. In these situations the effects of the discharge and suitability of mitigation measures should be assessed via the resource consent process. October 2009/June 2011 Chapter 3 Air Quality Page 3-251

265 Rule AQL52 Dry or wet abrasive blasting undertaken within an enclosed booth permitted activity Abrasive blasting for the purpose of cleaning or preparing surfaces can be either dry (sand or other materials) or wet (addition of water to sand or other materials). Abrasive blasting within an enclosed booth can cause effects, because of the regular use of the process on the one site. Filters attached to air extraction systems from blasting booths are capable of removing contaminants to the extent that there is no obvious visible discharge and no significant adverse effects on neighbouring properties. Filter failure can result in emissions causing local nuisance and possible health effects, depending on the size of the particles discharged and the contaminants present. The Occupational Safety and Health Service (OSH) of the Department of Labour has issued a policy prohibiting the use of sand with a free silica content of greater than 5% by weight. The aim of the policy is to eliminate the potential risk to workers of contracting silicosis. Silicosis is a potentially fatal respiratory disease that has been proven to cause death in abrasive blasting operators overseas. OSH has stressed that only long-term exposure to respirable silica causes silicosis and that adverse health effects are unlikely to occur due to short-term exposure, such as temporary exposure to dust caused by abrasive blasting on a neighbouring property. Rule AQL52A Temporary dry or wet abrasive blasting outside an enclosed booth of network utility or electricity generation infrastructure permitted activity Except as provided for in Rule AQL51, discharges of contaminants into air from outside abrasive blasting will adversely affect the environment unless appropriately controlled. Rule AQL52A recognises that: (a) the network utility or electricity generation infrastructure within the Canterbury region largely already exists; (b) the maintenance of this infrastructure is essential for the well-being of the national and Canterbury communities; (c) outside abrasive blasting is sometimes necessary to maintain fixed structures associated with this infrastructure when these structures cannot be dismantled or moved into an enclosed abrasive blasting booth. By restricting the permitted discharge into air from outside abrasive blasting of network utility or electricity generation infrastructure, the location, frequency and adverse effects on the environment can reasonably be anticipated. The permitted discharge to air is limited to temporary and mobile blasting (Condition 1) where there is no enclosed booth abrasive blasting alternative (Condition 2). Controlling the amount of dry abrasive blast media (Condition 3), type of abrasive blast media used (Conditions 4 and 5), and avoiding blasting lead-based paints (Condition 6), excludes the discharge of contaminants which may result in significant adverse effects on the environment. Further, the adverse effects on the environment can be avoided or mitigated by the implementation of measures which restricts the discharge of particulate matter to the immediate area of the abrasive blasting (Condition 7). This means ensuring that contaminants are not discharged in a manner that they cannot be collected and removed from the environment. Such measures may include: (a) using screens, enclosed platforms, filters, covers, tarpaulins, cladding or other means to act as windbreaks and enclosures to contain dust emissions; (b) using covers or filters to prevent blast debris from landing on exposed water, ground, vegetation, soil or entering the sea; (c) using covers or filters over surface drains or waterways in the vicinity of the blasting operation; (d) carrying out abrasive blasting with regard to wind direction and wind speed, to minimise the discharge of any particular matter and other contaminants into the air; Page Chapter 3 Air Quality October 2009/June 2011

266 (e) at the completion of the blast each day, collecting or covering blast material and debris so that there is no discharge of wind-blown debris into air; and (f) at the completion of the blasting, collecting and removing blast material and debris. Condition 8 provides further assurance that an abrasive blasting activity which complies with Conditions in 1 to 7 will not have an objectionable or offensive effect on the environment. Condition 9 ensures that Environment Canterbury is made aware of an abrasive blasting activity in advance of it occurring. Good abrasive blasting practice is for the person undertaking the abrasive blasting activity to keep records of that activity, including; the location of the activity; the start and end times, and the duration of blasting; and wind speed and wind direction during blasting. Rule AQL53 Small scale spray coating not within a spray booth permitted activity Rule AQL53 provides for spray coating outside on roadways and surfaces of fixed structures. These surfaces cannot be moved to inside an enclosed booth. Therefore, it is appropriate to allow them to be coated provided minimal conditions are observed. The rule also recognises that businesses such as vehicle panelbeaters often undertake minor touch-up work requiring application of small amounts of paint on an intermittent basis. Provided adequate buffer distances are maintained to sensitive areas, adverse effects are unlikely. Rule AQL54 Small scale spray coating within a spray booth permitted activity There are many spray coating businesses (including some vehicle panelbeaters) which use a relatively small amount of coating material (less than two litres per hour, 10 litres per day and 100 litres per month). Where such coating work is undertaken in a booth with adequate airflow to ensure that all contaminants are discharged via a filter and an emission stack of appropriate height and design, the adverse effects of the discharge are minor. Discharge from an emission stack at a height of at least three metres above the roof of buildings within a radius (from the stack) of 30 metres minimises down-wash of the contaminant plume in building wakes. This prevents high ground level concentrations of solvents, isocyanates and other contaminants close to the source. Stacks should be located where they are distant from air intakes that may draw contaminants inside the building. It is also important that contaminants are discharged vertically into the air at high velocity without obstruction by rain hats, wind deflectors or similar fixtures in or above the stack. Appropriate stack design will ensure that the dispersion of contaminants is optimal. Fittings can be installed which will increase the velocity of the discharge while preventing rain from entering the stack. Monitoring of the effects of discharges from numerous small spray coating operations has indicated that these effects are minor where contaminants are discharged via emission stacks at a height of at least three metres above the roof of nearby buildings. Atmospheric dispersion modelling indicates that the most significant contaminants discharged (normally solvents such as xylenes and toluene, and isocyanates) will be dispersed and diluted to the extent that ground level concentrations are unlikely to exceed guideline concentrations. These guidelines are based on both odour and health effects of the contaminants. Both fabric and water filter systems are commonly installed at the outlet from the spray booth to the emission stack. These filters are required to remove solids present in the discharge as over-spray. An appropriate filtration system, correctly maintained, can remove over 95% of the solids present in the discharge, thereby minimising health or nuisance effects. Such filtration systems are relatively inexpensive and should be installed in all spray booths. October 2009/June 2011 Chapter 3 Air Quality Page 3-253

267 Rule AQL55 Printing processes using water-based inks permitted activity Small scale printing processes using waterborne inks do not usually cause local adverse effects, provided contaminants emitted from the printing press are discharged in a manner that allows for adequate dispersion. The amount of volatile organic compounds discharged is small and therefore is not considered to contribute significantly to ambient air quality problems. This rule is intended to encourage the use of inks containing low concentrations of volatile organic compounds in small printing processes. The discharge to air from photocopying, photographic development and printers serving computers are not required under Condition 1 to comply with any of the conditions of Rule AQL55. Rule AQL56 Workplace ventilation permitted activity Where an activity is regulated by rules elsewhere in the NRRP, this rule on general workplace ventilation does not supersede those requirements. This section covers discharges of contaminants into air from general ventilation of industrial or trade premises via windows, doors and vents. Dispersion and dilution of the contaminants discharged is normally sufficient to reduce the concentration of these contaminants to below air quality guidelines at the property boundary. Activities that are likely to cause local nuisance or health effects are regulated elsewhere in the NRRP. The rule specifically excludes the discharge of hazardous air pollutants identified in Schedules AQL1 and AQL2 and it does not address discharges via emission stacks where contaminants are ducted to those stacks. The discharges have significant potential adverse effects and should be assessed on a case by case basis through resource consent applications. There have been numerous complaints to Environment Canterbury concerning the effects of fibreglassing activities. Small quantities of application have been permitted, but atmospheric dispersion modelling is often required to determine whether the emission control measures, including stack height and design, are adequate to prevent odour effects in the surrounding environment. The sensitivity of the receiving environment, including proximity to residential areas, hospitals and schools, is also an important factor that needs to be taken into account when considering the location of fibreglassing operations. Rule AQL56A Maintenance or idle-testing of aircraft engines outside of buildings in the Christchurch Clean Air Zone 2 permitted activity Between flights aircraft engines are routinely subjected to minor maintenance or idle-testing when an aircraft is located within the runway apron or other hard surface areas within the operational area of Christchurch International Airport. Within this context, the adverse effects of any discharges to air from these activities are insignificant. Therefore, Rule AQL56A provides for these activities to be carried out as of right. However, when an aircraft is moved to a trade and industrial premise upon which more significant aircraft engine testing, repair or maintenance is undertaken, discharges from these are maintenance and testing activities and are to be considered together with other discharges occurring on such a site. Rule AQL56B Aircraft engine testing, repair or maintenance on an industrial or trade premise in the Christchurch Clean Air Zone 2 restricted discretionary activity Aircraft engine testing facilities are currently important to the economic and social well-being of Christchurch and Canterbury. These facilities are presently, and will likely continue to be, located in proximity to Christchurch International Airport. Rule AQL56B recognises that localised adverse effects on the environment from the discharges to air from these facilities can be unacceptable at some locations, particularly in proximity to sensitive activities, or if sufficient mitigation does not occur. Page Chapter 3 Air Quality October 2009/June 2011

268 Rule AQL57 Industrial or trade premises and processes not complying with Rules AQL38 to AQL56 or not otherwise identified discretionary activity This is a catch-all type rule. Having already made a distinction between those discharges that Environment Canterbury considers should be permitted or restricted discretionary activities, this rule provides for those discharges over which Environment Canterbury wishes to retain greater control through the resource consent process. The rule encompasses those discharges to air that may have significant actual or potential adverse effects on air quality, these include but are not limited to discharges from the following activities: Abrasive blasting outside Adhesives manufacture Anodising, galvanising and electroplating Brewing of alcoholic beverages Cement manufacture Enamelling Fertiliser manufacture and bulk handling Flour milling Fumigation processes using ethylene dibromide, ethylene oxide, methyl bromide, hydrogen cyanide or phosphine Glass manufacture Ink and dye manufacture Laminating using adhesives and resins Milk treatment and drying Paint manufacture Particle board and plasterboard production Powder coating processes (excluding filtered discharge to internal workplace air according to OSH requirements) Radioactive materials production or usage (excluding use for medical purposes) Resins, lacquers and plastics manufacture Seed cleaning plants < 100 m from existing sensitive activities Spray painting in a booth, using > 2 L/hr Acid production and use Agricultural chemical manufacture Asphalt production Brickworks Cooking or processing of animal or plant matter (raw material capacity > 100 kg/hr) Fellmongery Fibreglass application at a rate > 1 kg/hr Foam manufacture Freezing works Hydrocarbon manufacture, refining or purification Isocyanate-containing materials - production and use (excluding spray coating processes in booths using < 2 L/hr) Metal melting, including foundries and smelters, but excluding welding and soldering Oil refining Oil well flaring Paper manufacture Pharmaceutical product manufacture Printing processes using solvent-based inks (> 5% organic solvent content by weight) Rendering of animal matter by application of heat Rubber manufacture Soap and detergent manufacture October 2009/June 2011 Chapter 3 Air Quality Page 3-255

269 Stock food production Tanning of hides Tyre buffing Timber drying kilns Spray painting in the open using isocyanate-based coatings Stripping by immersion using hydrocarbon solvents Timber mills and joinery factories discharging wood waste < 50 m from existing sensitive activities The above list is not all-inclusive. It is likely that there will be other discharges to air from industrial or trade processes, not listed, that require resource consent under this rule. The rule provides a higher level of control/protection where the adverse effects from the activity are likely to be objectionable or significant. These activities have to a certain extent been historically controlled to a high level through the provisions of the Clean Air Act The approach allows the status quo to a large extent, and ensures there are no surprises for resource users Regional rules for discharge of contaminants into air from intensive farming Intensive farming operations have the potential to cause significant adverse health, amenity and nuisance effects as a result of the discharge of odours and dust particulates. However, Rules AQL58 to AQL61 recognise that the effects of intensive farming operations can be minimised by the adoption of good management practices to ensure that adverse effects do not extend beyond the boundary of the property where the discharge originates. Such effects can be minimised in both existing and new intensive farming operations. Thus, Rules AQL58 to AQL61 have been determined to be the most efficient and effective means of reducing the discharge of contaminants to air such as dust and odour from intensive farming operations. However it should be noted that any discharge issues relating to water or land from existing or new intensive farming operations are addressed in the water and land chapters of the Natural Resources Regional Plan. Rules AQL59 to AQL60A recognise the potential for odour emissions from different types of intensive poultry farming operations and seek to ensure that the odour nuisance from new intensive poultry farming operations is minimised as far as practicable. Rule AQL61 recognises the potential for odour emissions from intensive pig farming operations and seeks to ensure that the odour nuisance from new intensive pig farming operations is minimised as far as practicable. Where Rules AQL58 to AQL61 are not applicable, intensive farming operation falls within the ambit of Rule AQL62. The effects of such an intensive farming operation will be assessed through the resource consent process on a case-by-case basis. This may occur for instance, when an intensive farming operation discharges odours or disperses or deposits dust particles that cause an objectionable or offensive effect beyond the boundary of the property where the discharge originates, as determined by the dust and odour criteria in NRRP Chapter 3. This situation may arise as a result of a failure of the treatment system or it may indicate poor management. An assessment of effects would consider the proposed method of discharge, mitigation measures, the sensitivity of the location, alternative options available and actual or potential effects on the environment. Rule AQL58 Intensive farming established on or before 1 June 2002 permitted activity Rule AQL58 is restricted to intensive farming operations that were established before the date of notification of NRRP Chapter 3, and did not require a resource consent for the discharge of contaminants into air from that activity prior to date of notification of NRRP Chapter 3. This means that those intensive Page Chapter 3 Air Quality October 2009/June 2011

270 farming processes do not require a resource consent to discharge contaminants to air if the activity has not been discontinued for a continuous period of more than six months. (Under Section 20 of the RMA, any activity that contravenes a rule in a proposed regional plan may continue if the activity has not been discontinued for a continuous period of more than six months.) However it should be noted that any discharge issues relating to water or land from existing activities are addressed in the water and land chapters of the Natural Resources Regional Plan. Rule AQL58 permits the discharges of contaminants only to the extent that the effects remain at the same or a lesser scale, and of a similar nature (intensity, frequency and duration). Condition 1 is specific to the discharge of contaminants to air only, not the scale of the activity itself. The activity may be able to increase in scale while taking measures to ensure that the scale, intensity, frequency or discharge of the contaminants to air is not increased. If any discharge of odours causes an objectionable or offensive effect beyond the boundary of the property, then this may indicate poor management. The separation distances prescribed in the rule may not necessarily mitigate all adverse effects and it is therefore necessary to ensure that the discharge of odour or the dispersal or deposition of particles does not create offensive or objectionable effects beyond the boundary of the property. An officer from Environment Canterbury will assess compliance with Conditions 2 and 3 using the assessment tools as described in Appendix AQL4 and Appendix AQL5. Rule AQL58A Intensive farming subject to Rule AQL58 but which does not comply with any of the conditions in that rule restricted discretionary activity Rule AQL58A controls the discharge of contaminants to air from intensive farms which are subject to Rule AQL58 but fail to meet one or more of the conditions of Rule AQL58. Where any condition is not met the rule provides for the exercise of the appropriate level of control of any potential adverse effects on the environment resulting from the discharge. The rule specifies the matters of discretion which the consent authority retains when considering any application for consent under this rule. Rule AQL59 Intensive poultry farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 permitted activity Rule AQL59 relates to small scale intensive poultry farming, including chickens, turkeys, ducks, pheasants, quails, emus and ostriches. Small scale intensive poultry farming will be permitted under this rule provided the two conditions of this rule are met. An officer from Environment Canterbury will assess compliance with Conditions 1 and 2 using the assessment tools as described in Appendix AQL4 and Appendix AQL5. Rule AQL60 Intensive broiler and breeder poultry farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 controlled activity Rule AQL60 relates to new intensive poultry farming of broiler and breeder poultry only, of any type of bird to be used for human consumption and egg production, including chickens, turkeys, ducks, pheasants, quails, emus and ostriches. The rule is a controlled activity rule. Resource consent applications for a controlled activity cannot be refused. Therefore, the rule is limited to intensive farming operations of or less broiler or breeder poultry. Broiler sheds usually raise chickens on a sawdust or woodchip litter which is removed at the end of the growing cycle (approximately 5-6 weeks for chickens, and 8-9 weeks for turkeys). While it is acknowledged that odour comes form the sheds via the ventilation system and increases when the birds near maturity, the effective management of chicken broiler farms containing not more than units should serve to reduce the effects of odour to a level where they can be managed through conditions on a resource consent. October 2009/June 2011 Chapter 3 Air Quality Page 3-257

271 Breeder farms raise chickens on a sawdust or woodchip litter underneath the suspended nest boxes which the birds lay into. The average lifespan of a breeder is one year. Thus, there are large accumulations of manure beneath the laying cages by the end of the breeding period. This will be substantially anaerobic and will contribute to the production of odours. While it is acknowledged that odour comes from the sheds via the ventilation system, the effective management of chicken breeder farms containing not more than units should serve to reduce the effects of odour to a level where they can be managed through conditions on a resource consent. Rule AQL60A Intensive poultry farming not otherwise permitted by Rule AQL59 or controlled by Rule AQL60 restricted discretionary activity Rule AQL60A relates to larger-scale intensive poultry farming. The restricted discretionary activity status allows the appropriateness of the proposed larger-scale intensive poultry farming operation, including adverse effects of discharges to air, to be assessed on a case-by-case basis. The rule specifies the matters of discretion which the consent authority retains when considering any application for consent under this rule. The matters over which discretion is restricted allow for this to occur. Rule AQL61 Intensive pig farming established after 1 June 2002 or not lawfully established on or before 1 June 2002 restricted discretionary activity Rule AQL61 relates to intensive pig farming operations. The restricted discretionary activity status allows the appropriateness of the proposed intensive pig farming operation, including its adverse effects of the discharge to air, to be assessed on a case-by-case basis. The rule specifies the matters of discretion which the consent authority retains when considering any application for consent under this rule. Rule AQL62 Intensive farming not subject to Rules AQL58 to AQL61 discretionary activity Rule AQL62 relates to all discharges to air from intensive farming operations not subject to Rules AQL58 to AQL61. Rule AQL62 makes these activities discretionary activities, thus requiring a resource consent. These discharges of contaminants to air have the potential to cause adverse effects that are more than minor, including odour and dust nuisance that is offensive or objectionable beyond the boundary of the property. The adverse effects of the discharge and the mitigation measures are to be assessed on a case-by-case basis through the resource consent process. Factors to be assessed include but are not limited to intensive farm operation density, ventilation, management of the farm, effluent treatment and disposal practices and location of the farm. This applies to beef feedlots as well as mushroom production operations, whether this is a split mushroom production operation with the production of mushroom compost separate from the mushroom growing itself, or the normal situation where both compost and growing facilities are on the same site Regional rules for discharges of contaminants into air from waste management processes Waste management processes have the potential to cause significant adverse effects including health, amenity and nuisance effects from the discharge of a variety of contaminants, including odours and dust particulates. However, Rules AQL63 to AQL68 recognise that the effects of waste management processes can be minimised by the adoption of good management practices to the extent that they are minor beyond the boundary of the property where the discharge originates. Such effects can be minimised in both existing and new waste management processes. Rules AQL63 to AQL68 have been determined to be the most efficient and effective means of reducing the discharges of contaminants such as dust and odour from waste management processes, and minimising the adverse nuisance, health and amenity effects resulting from those discharges. However it should be noted that any discharge issues relating to water or land from existing or new waste management processes are addressed in the water and land chapters of the Natural Resources Regional Plan. Page Chapter 3 Air Quality October 2009/June 2011

272 Where the conditions of Rules AQL63 to AQL68 cannot be met or the waste management process falls within the ambit of Rule AQL69, then the effects are more than minor and an assessment of effects through the resource consent process would need to occur on a case-by-case basis. For example, the treatment or discharge of hazardous substances to air requires a higher level of control as the adverse effects may be more than minor. Also, if any waste management processes discharge odours or disperses or deposit dust particles that cause an objectionable or offensive effect beyond the boundary of the property from where it originates, as determined by the dust and odour criteria in Appendix AQL4 and AQL5, then this may represent a failure of the treatment system or indicate poor management. Thus, the assessment of effects would consider the proposed method of discharge, mitigation measures, the sensitivity of the location, alternative options available and actual or potential effects on the environment. Rules AQL63 to AQL68 are applicable to the management of waste. In circumstances where the material being managed is not waste, such as when road construction material is being stockpiled prior to its final use, it is intended these rules do not apply. Rule AQL63 Waste management processes established on or before 1 June 2002 permitted activity Rule AQL63 is restricted to waste management processes that were established before the date of notification of NRRP Chapter 3, and for which a resource consent was not required for the discharge of contaminants into air from that activity prior to date of notification of NRRP Chapter 3. However it should be noted that any discharge issues relating to water or land from existing activities are addressed in the water and land chapters of the Natural Resources Regional Plan. The rule permits the discharges of contaminants to air only to the extent that the effects remain at the same or lesser scale of a similar nature (intensity and frequency) to that authorised at the date of notification of NRRP Chapter 3 (Condition 2) and expressly excludes the combustion of waste under this rule. Condition 2 is specific to the effects of the discharge of contaminants to air only, not the scale of the activity itself. The activity may be able to increase in scale while taking measures to ensure that the scale, intensity, frequency or duration of the discharge of the contaminants to air is not increased. Condition 1 is specific about the exclusion to Rule AQL63. The treatment or discharge of hazardous substances requires a higher level of control as the adverse effects may be more than minor. Such processes need to be assessed on a case-by-case basis, as provided for in Rule AQL69 of NRRP Chapter 3. If any discharge of odours cause an objectionable or offensive effect beyond the boundary of the property, then this may represent a failure of the treatment system or indicate poor management. An officer from Environment Canterbury will assess compliance with Conditions 3 and 4 using the assessment tools as described in Appendix AQL4 and Appendix AQL5. Rule AQL63A Disposal of clean fill material resulting from the maintenance, operation and minor improvements to legal road permitted activity Rule AQL63A controls the discharges of contaminants to air that occur as a result of disposing of clean fill material associated with the maintenance, operation and minor improvements to legal roads. The ability to dispose of clean fill material in a timely manner is important to maintaining the efficient and effective functioning and operation of the public road network. The handling of clean fill material has the potential to create dust, causing nuisance for sensitive activities located on adjoining properties and within a populated environment. Conditions 1 3 seek to control these nuisance effects of any discharge, including by excluding discharges to air resulting from the disposal of clean fill material within an urban environment, and by ensuring that, where sensitive activities located on adjoining properties exist, a suitable separation or buffer area is provided to minimise any potential adverse effect on that activity. This October 2009/June 2011 Chapter 3 Air Quality Page 3-259

273 separation distance is not necessary where the owner and occupier of the adjoining property agree to the discharge to air. Rule AQL65 Application of effluent to land permitted activity Rule AQL65 relates to the discharge of contaminants into air from the application of animal effluent and solid animal waste other than that provided for in Rule AQL63, onto production land. If any discharge of odours causes an objectionable or offensive effect beyond the boundary of the property, then this may represent a failure of the treatment system or indicate poor management. An officer from Environment Canterbury will assess compliance with Conditions 3 and 4 using the assessment tools as described in Appendix AQL4 and Appendix AQL5. Condition 6 requires effluent applicators to keep a record of the effluent discharged to land. This will be beneficial to the effluent applicator and investigating agency involved in possible complaints. Rule AQL66 Small scale human sewage treatment and disposal established after 1 June 2002 or not lawfully established on or before 1 June 2002 permitted activity Rule AQL66 relates to the discharge of contaminants into air from small scale human sewage treatment and disposal processes on production land or on a typical community sewage disposal field for a ruralresidential subdivision or a small industrial operation that is unable to connect with a community sewage disposal scheme. These relatively small effluent treatment plants can be operated without significant aerosol discharge and without causing odour nuisance. The sewage effluent can contain a wide variety of pathogens including bacteria, viruses, fungi and eggs of parasites. These originate largely from the human population serviced by the sewerage system, and the levels of the pathogens roughly reflect the current state of health of that population. The 150 metre buffer distance referred to in Condition 5 is derived from the Department of Health Public health guidelines for the safe use of sewage effluent and sewage sludge on land (1992). This buffer zone distance is to reduce the likelihood of nuisance effects, particularly with respect to odour, as well as possible health effects to the public. Potentially odorous activities such as open storage of solid screenings and sludge drying are normally undertaken at larger facilities, and community treatment facilities undertake spray irrigation. These larger municipal sewerage plants are not permitted under these rules and would fall into Rule AQL69 as a discretionary activity. Rule AQL67 Offal pits established after 1 June 2002 or not established on or before 1 June 2002 permitted activity Rule AQL67 relates to the discharge of contaminants into air from the disposal of animals or animal parts in offal pits. Odour generated from offal pits is not usually detectable beyond the distances specified in Conditions 1 and 2. The majority of offal pits can be located and covered so that odorous discharges do not cause nuisance effects. If the discharges of contaminants into air from offal pits do not comply with the conditions of Rule AQL67, then the effects can cause significant odour nuisance, particularly if located near sensitive activities such as dwellings. It is therefore appropriate in this case that effects are assessed on a case-by-case base via the resource consent process under Rule AQL69. The location of offal pits on an intensive farm is an important aspect that should be known particularly for any future developments on the property, such as residential dwellings. Rule AQL69 Waste management processes not permitted in Rules AQL63 to AQL67 discretionary activity Rule AQL69 relates to all discharges to air from waste management processes (including the incineration of diseased plant and animal material) that do not comply with the conditions of the permitted activity rules AQL63 to AQL67 therefore making them a discretionary activity, requiring a resource consent. These discharges of contaminants to air have the potential to cause adverse effects that are more than minor, including to cause odour and dust nuisance which is offensive or objectionable beyond the Page Chapter 3 Air Quality October 2009/June 2011

274 boundary of the property. The adverse effects of the discharge and the mitigation measures are to be assessed on a case-by-case basis through the resource consent process Regional rules for the discharge of agrichemicals Rules AQL70 to AQL72 seek to provide for the discharge of agrichemicals from a variety of methods of application. The permitted activity rules allow for the use of agrichemicals within good practice guidelines without the need to make resource consent applications. The regional rules permit the spray discharge of agrichemicals to air by commercial agricultural or horticultural land users, within public amenity areas such as parks and reserves, and on an individual s private property or residence, provided the stated conditions are met. The conditions are intended to avoid or minimise the actual or potential adverse effects of the discharge on non-target areas and human health. The rules provided are efficient in controlling the adverse effects on the environment resulting from the discharge of agrichemicals to air. They provide certainty for applicators in identifying conditions that apply to the method of discharge used. If the conditions on the permitted activity rules cannot be met, then a resource consent is required from Environment Canterbury under Rule AQL73 and specific conditions may be placed on the activity so as to avoid or minimise any potential adverse effects. Under Condition 1 of Rules AQL70 to AQL72, users are required to apply agrichemicals in a manner that does not exceed any rate, or contravene any other requirement specified in the agrichemical manufacturer s directions and to ensure that there are no significant adverse effects beyond the target property or target species. Conditions of Rules AQL70 to AQL72 referring to GROWSAFE certification or an equivalent nationallyrecognised qualification, recognise the importance of being aware of and applying good practice techniques to reduce and eliminate the adverse effects from agrichemical spraying in the environment. An Approved Handier under the Hazardous Substances and New Organisms regulations is not an equivalent nationally-recognised qualification with respect to the GROWSAFE Introductory Certificate. In situations where a contractor is applying agrichemicals or agrichemicals are applied in public amenity areas or alongside roadways, it is appropriate for the public and people who hire agrichemical contractors to be safe in the knowledge that the people who are applying agrichemicals are aware of the risks and potential effects of the agrichemicals they are using and are taking all responsible steps to avoid and reduce potential adverse effects. This includes the use of signs warning of agrichemical spraying to enable the continued safety of the public. An agrichemical spray sensitive crop or farming system includes horticulture or organic agricultural activities which will be subject to damage or loss if exposed to the agrichemical being sprayed. The conditions of Rules AQL70 to AQL72 requiring the discharge of odour to not cause objectionable or offensive effects beyond the boundary of the property on which the agrichemicals are applied, and that there be no noxious, dangerous, offensive or objectionable effects from the dispersal or deposition of agrichemical particles beyond the boundary of the property on which the agrichemicals are applied, recognise that these occurrences may represent a failure of the agrichemical practices being applied and poor agrichemical management. The conditions relating to dispersal or deposition of particles implement Policy AQL7(a) by controlling the adverse effects beyond the boundary of the target properties or targeted species and onto non targeted properties or species or water. All these effects need to be investigated and remedied or mitigated as appropriate. October 2009/June 2011 Chapter 3 Air Quality Page 3-261

275 Rule AQL70 Rule AQL71 Ground-based application of agrichemicals using hand-held application techniques permitted activity Ground-based application of agrichemicals using techniques other than using hand-held application permitted activity The notification requirements of the ground-based application of agrichemicals recognise the larger volumes of agrichemical involved and the higher potential for spray drift. Appendix Y6 of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals provides guidelines which represent the best estimate for ground based application methods using a boom sprayer and an orchard sprayer. The buffer zones used in Rule AQL71, with or without shelter belts, are derived from here. The buffer zones provide an opportunity for concentrations of agrichemical to decrease sufficiently so that the risk to sensitive areas beyond the buffer zone is reduced. It is noted that the use of a shelter belt to intercept and retain the agrichemical may effectively reduce the width of the buffer zone required. However, it should be noted that herbicides, particularly those used for total vegetation control, will also affect a live shelter belt. However, dispersion is affected by particular circumstances such as weather conditions (wind direction and speed, temperature and relative humidity), spray characteristics and application technique. There is no guarantee that there will be no effect beyond the buffer distance. Therefore the buffer zones are only one of the many methods to manage and reduce drift hazard. If a person is spraying within the specified distances of a sensitive activity on an adjoining property or the neighbour requests notification of any such spraying in that area, notification of the agrichemical spray application will enable the neighbour to take precautionary measures against any spray drift. However, such notification does not preclude the agrichemical applicator from avoiding adverse effects in the first instance as required under Section 17 of the Act. A property agrichemical spray plan should minimise the off-target effects of agrichemical use, and reduce potential conflicts between landowners. Appendix N4 of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals details the requirements an agrichemical spray plan. These include: (a) a list of immediate neighbours, and their contact phone numbers; and (b) details of road boundaries, especially for roads used by school children; and (c) the crops to be sprayed and a list of the chemicals (trade names, insecticide/fungicide/herbicide) likely to be used during the year or season; and (d) identification of sensitive areas (location and type), and the strategies employed to avoid contamination of those areas (e.g. specific application techniques, buffer zones), and (e) the identity of those carrying out the agrichemical application, and confirmation of their current GROWSAFE certification; and (f) particular weather conditions which may increase potential drift hazard to identified sensitive areas; and (g) indication of agrichemicals to be used that may present specific hazard (e.g. bee toxicity). As part of the property agrichemical spray plan, an agrichemical use record sheet shall be maintained and kept in accordance with Appendix C of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals. A complete, accurate and up-to-date record of agrichemical spraying activities is beneficial to the agrichemical user and investigating agency involved in possible off-target complaints. A copy of a property agrichemical spray plan or the agrichemical use record sheet shall be kept for 24 months from its completion. Page Chapter 3 Air Quality October 2009/June 2011

276 The person discharging the agrichemical(s) shall immediately notify Environment Canterbury in the event of any accidental or unintended discharge of agrichemical(s) to air, land or water. Rule AQL72 Aerial application of agrichemicals permitted activity The notification requirements of the aerial application of agrichemicals recognise the larger volumes of agrichemical involved and the higher potential for spray drift. Appendix Y6 of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals provides guidelines which represent the best estimate for aerial application. The buffer zones used in Rule AQL72, with or without shelter belts, are derived from here. The buffer zones provide an opportunity for concentrations of agrichemical to decrease sufficiently so that the risk to sensitive areas beyond the buffer zone is reduced. It is noted that the use of a shelter belt to intercept and retain the agrichemical may effectively reduce the width of the buffer zone required. However, it should be noted that herbicides, particularly those used for total vegetation control, will also affect a live shelter belt. However, dispersion is affected by particular circumstances such as weather conditions (wind direction and speed, temperature and relative humidity), spray characteristics and application technique. There is no guarantee that there will be no effect beyond the buffer distance. Therefore the buffer zones are only one of the many methods to manage and reduce drift hazard. If a person is spraying within the specified distances of a sensitive activity on an adjoining property or the neighbour requests notification of any such spraying in that area, notification of the agrichemical spray application will enable the neighbour to take precautionary measures against any spray drift. However, such notification does not preclude the agrichemical applicator from avoiding adverse effects in the first instance as required under Section 17 of the Act. A property agrichemical spray plan should minimise the off-target effects of agrichemical use, and reduce potential conflicts between landowners. Appendix N4 of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals details the requirements an agrichemical spray plan. These include: (a) a list of immediate neighbours, and their contact phone numbers; and (b) details of road boundaries, especially for roads used by school children; and (c) the crops to be sprayed and a list of the chemicals (trade names, insecticide/fungicide/herbicide) likely to be used during the year or season; and (d) identification of sensitive areas (location and type), and the strategies employed to avoid contamination of those areas (e.g. specific application techniques, buffer zones), and (e) the identity of those carrying out the agrichemical application, and confirmation of their current GROWSAFE certification; and (f) particular weather conditions which may increase potential drift hazard to identified sensitive areas; and (g) indication of agrichemicals to be used that may present specific hazard (e.g. bee toxicity). As part of the property agrichemical spray plan, an agrichemical use record sheet shall be maintained and kept in accordance with Appendix C of the New Zealand Standard 8409:1999 Code of Practice for the Management of Agrichemicals. A complete, accurate and up-to-date record of agrichemical spraying activities is beneficial to the agrichemical user and investigating agency involved in possible off-target complaints. A copy of a property agrichemical spray plan or the agrichemical use record sheet shall be kept for 24 months from its completion. The person discharging the agrichemical(s) shall immediately notify Environment Canterbury in the event of any accidental or unintended discharge of agrichemical(s) to air, land or water. October 2009/June 2011 Chapter 3 Air Quality Page 3-263

277 Rule AQL73 Application of agrichemicals not identified in Rules AQL70 to AQL72 restricted discretionary activity If the conditions of the Rules AQL70 to AQL72 cannot be met, then a resource consent is required from Environment Canterbury as effects will be more than minor and specific conditions may be placed on the activity so as to avoid or minimise any potential adverse effects Regional rules for discharges in Rangiora Clean Air Zones 1 and 2 Rule AQL74 Open fires installed on or after 1 January 2008 in Rangiora Clean Air Zones 1 and 2 non-complying activity Rule AQL74 controls the discharge of contaminants into air from open fires installed on or after 1 January 2008, unless the necessary building consent was issued prior to that date. Open fires are recognised as being high emitters of PM 10. Any new open fires are required to obtain resource consent as a non-complying activity. The purpose of allowing application to be made is to consider consenting discharges to air from new open fires if pollution control devices are fitted implementing Policy AQL25. Fitting such pollution control devices may result in the ongoing emission performance of open fires being less than enclosed burners permitted under NRRP Chapter 3 (Rule AQL2). Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL75 Outdoor burning in Rangiora Clean Air Zones 1 and 2 non-complying activity Rule AQL75 controls the discharge of contaminants into air from outdoor burning of materials during the winter months, namely May through to August. Outdoor burning in Rangiora Clean Air Zones 1 and 2 during winter months has the potential to significantly elevate PM 10 concentrations in Rangiora Clean Air Zone 1. Outdoor burning should be avoided during this period unless Policy AQL29 is met. Other than the situation provided for by Rule AQL75A when all the conditions of that rule are met, the consent application for a non-complying activity will enable the circumstances by which outdoor burning to be carefully considered. Rule AQL75A Outdoor burning of vegetation in the winter in the Rangiora Clean Air Zone 1 and 2 permitted activity Occasionally, during the winter months, rural activities require some types of vegetative matter to be disposed of by burning. In these situations, when the storage of the vegetative material (until after winter) poses a threat to rural activities and there is no viable alternative disposal technique, it is recognised that some provision should be made for burning to occur. However, this should only be permitted under tightly controlled conditions which reduce the risk of PM 10 emissions from contributing to ambient PM 10 concentrations in the Rangiora Clean Air Zone 1. The conditions set out within Rule AQL75A seek to prevent emissions from contributing to ambient PM 10 concentrations in the Rangiora Clean Air Zone 1, by ensuring that burning does not take place at times when inversion layers can develop and when ambient concentrations of PM 10 are at their highest. As such, burning may only occur between 8 am and 4 pm, and when the wind is blowing away from the Rangiora Urban Area. Rule AQL76 Enclosed burners or open fires contained within heritage buildings in Rangiora Clean Air Zone 1 permitted activity Rule AQL76 controls the discharge of contaminants into air from enclosed burners or open fires within heritage buildings in Rangiora Clean Air Zone 1, when those devices are original features of those buildings. This rule provides certainty as to what buildings are exempt from the requirements of Rules AQL78 and AQL79. Page Chapter 3 Air Quality October 2009/June 2011

278 Rule AQL77 Small scale solid fuel burning device installed after 1 June 2002 in the Rangiora Clean Air Zone 1 restricted discretionary activity Rule AQL77 controls the discharge of contaminants into air from small scale solid fuel burning devices installed after 1 June 2002 permitted by Rule AQL2. Over the course of its life, the emissions performance of a small scale solid fuel burning device can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of failure to achieve the outcomes sought in Objective AQL4 and failure to meet the NESAQ. After 15 years, a household with an existing small scale solid fuel burning device, may replace with a new clean air approved device as a permitted activity (under Policy AQL11 and Rule AQL2). Alternatively, provision is made under Rule AQL77 for continued PM 10 emissions from these devices if, after 15 years of installation, it can be demonstrated that the device continues to operate as well, or better than it did when first installed. Council s discretion is limited to the existing and future emission performance of the small scale solid fuel burning device to ensure the ambient air quality as identified in Objective AQL4 is achieved. The duration of consent will be determined on a case-by-case basis. Rule AQL78 Open fires existing on 1 January 2008 in Rangiora Clean Air Zone 1 non-complying activity Rule AQL78 controls the discharge of contaminants into air from the burning of any fuel from existing open fires (those that existed as of 1 January 2008). Rule AQL78 requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from open fires if pollution control devices are retro-fitted implementing Policy AQL25. Retro-fitting such pollution control devices may result in the ongoing emission performance of open fires being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL79 Enclosed burner installed before 1 January 2001 in the Rangiora Clean Air Zone 1 non-complying activity Rule AQL79 controls the discharge of contaminants into air from enclosed burners installed before 1 January 2001 that do not meet Rule AQL2. Rule AQL79 recognises that at an individual appliance level enclosed burners installed prior to 1 January 2001 that do not meet Rule AQL2 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from these enclosed burners if pollution control devices are retrofitted implementing Policy AQL25. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL80 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Rangiora Clean Air Zone 1 non-complying activity Rule AQL80 controls the discharge of contaminants into air from enclosed burners installed after 1 January 2001 but before 1 June 2002 that do not meet Rule AQL2. This rule recognises that at an individual appliance level enclosed burners installed prior to 1 June 2002 that do not meet Rule AQL2 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to October 2009/June 2011 Chapter 3 Air Quality Page 3-265

279 consider consenting discharges to air from these enclosed burners if pollution control devices are retrofitted implementing Policy AQL25. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL81 Small scale solid fuel burning device installed in a new dwelling or building, or a dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Rangiora Clean Air Zone 1 non-complying activity Rule AQL81 controls discharge of contaminants into air from small scale fuel solid fuel burning devices, except for discharges from pellet fires permitted in Rule AQL2, installed in a new situations. New situations include: (a) Any new building and dwelling. (b) Any building and dwelling that does not have a small scale fuel burning device. (c) Any extension or alteration to a building or dwelling that does not have a small scale fuel burning device. In part, this rule will result in a reduction in emissions from small scale solid fuel burning devices over time, including that once a device is removed, it is not reinstalled or replaced by another small scale solid fuel burning device (except for pellet fires) in the future. The purpose of allowing application to be made is to consider consenting discharges to air from small scale solid fuel burning devices if Policy AQL25 is met. This may result in the ongoing real-life emission performance of the small scale solid fuel burning device being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL81A Emergency discharge by small scale fuel burning devices when electricity network supply terminated - permitted activity. Policy AQL27 allows for non-complying small scale solid fuel burning devices to be used when there is a planned network disruption of greater than 3 hours, or unknown at the time of disruption. Note that open fires are included in the definition of small scale fuel burning devices and are covered by these policies. The intention of the above policies is that they apply only when the network is disrupted. It does not apply when electric power connection to a specific household, business or building has been intentionally disconnected for non payment or other reasons. A specific rule is required to make using small scale solid fuel burners in this situation a permitted activity, because: (a) It clarifies when the rule exemption will apply, (b) The emergency provisions of Section 330 of the RMA do not apply in this situation, and (c) It gives effect to the policies above. The emergency provisions of Section 330 of the RMA cannot be used by operators of small scale fuel burning devices in an electricity supply network disruption event. The emergency provisions only apply to public works, local authorities, network utility operators, and consent authorities. The emergency provisions also require that resource consent be sought post event. The practicalities of requiring an air discharge consent for large numbers of people means it is not practicable, and a specific permitted activity rule is a more appropriate method. Page Chapter 3 Air Quality October 2009/June 2011

280 The rule will make the discharge of PM 10 from any small scale fuel burning device (including open fires) a permitted activity when the electricity supply network is disrupted for either maintenance or repair. Rule AQL82 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Rangiora Clean Air Zones 1 and 2 discretionary activity Rule AQL82 controls the discharge of contaminants into air from new large scale fuel burning devices. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from new large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 250 mg/m 3. The 250 mg/m 3 limit is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Rule AQL83 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Rangiora Clean Air Zone 1 discretionary activity Rule AQL83 controls the discharge of contaminants into air from existing large scale fuel burning devices fired by solid fuel. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from existing large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 300 mg/m 3. The 300 mg/m 3 limit recognises the additional cost of retro-fitting pollution control measures. It is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Rule AQL84 Large scale fuel burning devices burning of solid fuel or light fuel oil that do not meet the conditions set by Rules AQL82 and AQL83 in the Rangiora Clean Air Zones 1 and 2 non-complying activity Rule AQL84 controls the discharge of contaminants into air from large scale fuel burning devices fired by solid fuel or light fuel oil which do not comply with conditions of Rules AQL82 and AQL83. Only a small number of existing and new large scale fuel burning devices fired by solid fuel or light fuel oil are expected to fail to comply with the conditions of Rules AQL82 and AQL83. Potentially, this small number may discharge PM 10 contaminant that results in a significant increase in the PM 10 concentrations in Rangiora Clean Air Zones Regional rules for discharges in Kaiapoi Clean Air Zones 1 and 2 Rule AQL85 Open fires installed on or after 1 January 2008 in Kaiapoi Clean Air Zones 1 and 2 non-complying activity Rule AQL85 controls the discharge of contaminants into air from open fires installed on or after 1 January 2008 unless the necessary building consent was issued prior to that date. Open fires are recognised as being high emitters of PM 10. Any new open fires are required to obtain resource consent as a non-complying activity. The purpose of allowing application to be made is to consider consenting discharges to air from new open fires if pollution control devices are fitted implementing Policy AQL33. Fitting such pollution control devices may result in the ongoing emission performance of open fires being less than enclosed burners permitted under NRRP Chapter 3 (Rule October 2009/June 2011 Chapter 3 Air Quality Page 3-267

281 AQL2). Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL86 Outdoor burning in Kaiapoi Clean Air Zones 1 and 2 non-complying activity Rule AQL86 controls the discharge of contaminants into air from outdoor burning of materials during the winter months, namely May through to August. Outdoor burning in Kaiapoi Clean Air Zones 1 and 2 during winter months has the potential to significantly elevate PM 10 concentrations in Kaiapoi Clean Air Zone 1. Outdoor burning should be avoided during this period unless Policy AQL37 is met. Other than the situation provided for by Rule AQL86A, the consent application for a non-complying activity will enable the circumstances by which outdoor burning to be carefully considered. Rule AQL86A Outdoor burning of vegetation in winter in the Kaiapoi Clean Air Zone 2 permitted activity Occasionally, during the winter months, rural activities require some types of vegetative matter to be disposed of by burning. In these situations, when the storage of the vegetative material (until after winter) poses a threat to rural activities and there is no viable alternative disposal technique, it is recognised that some provision should be made for burning to occur. However, this should only be permitted under tightly controlled conditions which reduce the risk of PM 10 emissions from contributing to ambient PM 10 concentrations in the Kaiapoi Clean Air Zone 1. The conditions set out within Rule AQL86A seek to prevent emissions from contributing to ambient PM 10 concentrations in the Kaiapoi Clean Air Zone 1, by (i) minimising the amount of material burnt at any one time on one property; and (ii) ensuring that burning does not take place at times when inversion layers can develop and when ambient concentrations of PM 10 are at their highest. As such, burning may only occur between 8 am and 4 pm, when the wind is blowing away from the Kaiapoi Clean Air Zone 1 and when wind speeds are greater than 15 kilometres per hour (4 metres per second). For ease of interpretation, a wind speed 15 kilometres per hour (4 metres per second), being approximately 3 on the Beaufort Scale, which is the speed at which leaves and twigs are in constant motion. Burning should be supervised at all times by a suitable person, capable of extinguishing the fire, if the conditions for discharge (such as wind speed, wind direction) are not met. The necessary equipment must be available in order that, if required, this person can extinguish the fire within a maximum time of 30 minutes, so that there is no continued discharge to air. Rule AQL87 Enclosed burners or open fires contained within heritage buildings in Kaiapoi Clean Air Zone 1 permitted activity Rule AQL87 controls the discharge of contaminants into air from enclosed burners or open fires within heritage buildings in Kaiapoi Clean Air Zone 1, when those devices are original features of those buildings. This rule provides certainty as to what buildings are exempt from the requirements of Rules AQL89 and AQL90. Rule AQL88 Small scale solid fuel burning device installed after 1 June 2002 in the Kaiapoi Clean Air Zone 1 restricted discretionary activity Rule AQL88 controls the discharge of contaminants into air from small scale solid fuel burning devices installed after 1 June 2002 permitted by Rule AQL2. Over the course of its life, the emissions performance of a small scale solid fuel burning device can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of failure to achieve the outcomes sought in Objective AQL5 and failure to meet the NESAQ. Page Chapter 3 Air Quality October 2009/June 2011

282 After 15 years, a household with an existing small scale solid fuel burning device, may replace with a new clean air approved device as a permitted activity (under Policy AQL11 and Rule AQL2). Alternatively, provision is made under Rule AQL88 for continued PM 10 emissions from these devices if, after 15 years of installation, it can be demonstrated that the device continues to operate as well, or better than it did when first installed. Council s discretion is limited to the existing and future emission performance of the small scale solid fuel burning device to ensure the ambient air quality as identified in Objective AQL5 is achieved. The duration of consent will be determined on a case-by-case basis. Rule AQL89 Open fires existing on 1 January 2008 in Kaiapoi Clean Air Zone 1 noncomplying activity Rule AQL89 controls the discharge of contaminants into air from the burning of any fuel from existing open fires (those that existed as of 1 January 2008). Rule AQL89 requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from open fires if pollution control devices are retro-fitted implementing Policy AQL33. Retro-fitting such pollution control devices may result in the ongoing emission performance of open fires being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL90 Enclosed burner installed before 1 January 2001 in the Kaiapoi Clean Air Zone 1 non-complying activity Rule AQL90 controls the discharge of contaminants into air from enclosed burners installed before 1 January 2001 that do not meet Rule AQL2. Rule AQL90 recognises that at an individual appliance level enclosed burners installed prior to 1 January 2001 that do not meet Rule AQL2 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from these enclosed burners if pollution control devices are retrofitted implementing Policy AQL33. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL91 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Kaiapoi Clean Air Zone 1 non-complying activity Rule AQL91 controls the discharge of contaminants into air from enclosed burners installed after 1 January 2001 but before 1 June 2002 that do not meet Rule AQL2. This rule recognises that at an individual appliance level enclosed burners installed prior to 1 June 2002 that do not meet Rule AQL2 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from these enclosed burners if pollution control devices are retrofitted implementing Policy AQL33. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. October 2009/June 2011 Chapter 3 Air Quality Page 3-269

283 Rule AQL92 Small scale solid fuel burning device installed in a new dwelling or building, or dwelling or building that does not have a small scale fuel burning device; or in an extension or alteration to a dwelling or building that does not have a small scale fuel burning device in Kaiapoi Clean Air Zone 1 non-complying activity Rule AQL92 controls discharge of contaminants into air from small scale fuel solid fuel burning devices, except for discharges from pellet fires permitted in Rule AQL2, installed in a new situations. New situations include: (a) Any new building and dwelling. (b) Any building and dwelling that does not have a small scale fuel burning device. (c) Any extension or alteration to a building or dwelling that does not have a small scale fuel burning device. In part, this rule will result in a reduction in emissions from small scale solid fuel burning devices over time, including that once a device is removed, it is not reinstalled or replaced by another small scale solid fuel burning device (except for pellet fires) in the future. The purpose of allowing application to be made is to consider consenting discharges to air from small scale solid fuel burning devices if Policy AQL33 is met. This may result in the ongoing real-life emission performance of the small scale solid fuel burning device being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL93 Combustion of solid fuel or light fuel oil in new large scale fuel burning devices in the Kaiapoi Clean Air Zones 1 and 2 discretionary activity Rule AQL93 controls the discharge of contaminants into air from new large scale fuel burning devices. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from new large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 250 mg/m 3. The 250 mg/m 3 limit is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Rule AQL94 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Kaiapoi Clean Air Zone 1 discretionary activity Rule AQL94 controls the discharge of contaminants into air from existing large scale fuel burning devices fired by solid fuel. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from existing large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 300 mg/m 3. The 300 mg/m 3 limit recognises the additional cost of retro-fitting pollution control measures. It is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Page Chapter 3 Air Quality October 2009/June 2011

284 Rule AQL95 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL93 and AQL94 in the Kaiapoi Clean Air Zones 1 and 2 non-complying activity Rule AQL95 controls the discharge of contaminants into air from large scale fuel burning devices fired by solid fuel or light fuel oil which do not comply with conditions of Rules AQL93 and AQL94. Only a small number of existing and new large scale fuel burning devices fired by solid fuel or light fuel oil are expected to fail to comply with the conditions of Rules AQL93 and AQL94. Potentially, this small number may discharge PM 10 contaminant that results in a significant increase in the PM 10 concentrations in Kaiapoi Clean Air Zones Regional rules for discharges in the Ashburton Clean Air Zones 1 and 2 Rule AQL96 Open fires installed on or after 16 August 2008 in the Ashburton Clean Air Zones 1 and 2 non-complying activity Rule AQL96 controls the discharge of contaminants into air from open fires installed on or after 16th August 2008, unless the necessary building consent was issued prior to that date. Open fires are recognised as being high emitters of PM 10. Any new open fires are required to obtain resource consent as a non-complying activity. The purpose of allowing application to be made is to consider consenting discharges to air from new open fires if pollution control devices are fitted implementing Policy AQL41. Fitting such pollution control devices may result in the ongoing emission performance of open fires being as good as or better than enclosed burners permitted under NRRP Chapter 3 (Rule AQL2). Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL97 Outdoor burning in the Ashburton Clean Air Zones 1 and 2 noncomplying activity In the absence of a bylaw regulating outdoor burning, promulgated by the Ashburton District Council under the Local Government Act, 2002, Rule AQL97 controls the discharge of contaminants into air from outdoor burning of materials during the winter months, namely May through to September. Outdoor burning in the Ashburton Clean Air Zones 1 and 2 during winter months has the potential to significantly elevate PM 10 concentrations in the Ashburton Clean Air Zone 1. Outdoor burning should be avoided during this period unless Policy AQL47 is met. The consent application for a non-complying activity will enable the circumstances of outdoor burning to be carefully considered. Rule AQL97A Outdoor burning of vegetation in winter in the Ashburton Clean Air Zone 2 permitted activity Occasionally, during the winter months, rural activities require some types of vegetative matter to be disposed of by burning. In these situations, when the storage of the vegetative material (until after winter) poses a threat to rural activities and there is no viable alternative disposal technique, it is recognised that some provision should be made for burning to occur. However, this should only be permitted under tightly controlled conditions which reduce the risk of PM 10 emissions from contributing to ambient PM 10 concentrations in the Ashburton Clean Air Zone 1. The conditions set out within Rule AQL97A seek to prevent emissions from contributing to ambient PM 10 concentrations in the Ashburton Clean Air Zone 1, by (i) minimising the amount of material burnt at any one time on one property; and (ii) ensuring that burning does not take place at times when inversion layers can develop and when ambient concentrations of PM 10 are at their highest. As such, burning may only occur between 9 am and 3 pm, when the wind is blowing away from the Ashburton Clean Air Zone 1 and when wind speeds are greater than 15 kilometres per hour (4 metres per second). For ease of October 2009/June 2011 Chapter 3 Air Quality Page 3-271

285 interpretation, a wind speed of 15 kilometres per hour (4 metres per second), being approximately 3 on the Beaufort Scale, is the speed at which leaves and twigs are in constant motion. Burning should be supervised at all times by a suitable person, capable of extinguishing the fire, if the conditions for discharge (such as wind speed, wind direction) are not met. The necessary equipment must be available in order that, if required, this person can extinguish the fire within a maximum time of 30 minutes, so that there is no continued discharge to air. Rule AQL98 Enclosed burners or open fires contained within heritage buildings in the Ashburton Clean Air Zone 1 permitted activity Rule AQL98 controls the discharge of contaminants into air from enclosed burners or open fires within heritage buildings in the Ashburton Clean Air Zone 1, when these devices are original features of the buildings. This rule provides certainty as to which buildings are exempt from the requirements of Rules AQL100 and AQL101. Rule AQL99 Small scale solid fuel burning device installed after 1 June 2002 in the Ashburton Clean Air Zone 1 restricted discretionary activity Rule AQL99 controls the discharge of contaminants into air from small scale solid fuel burning devices installed after 1 June Over the course of its life the emissions performance of a small scale solid fuel burning device can diminish. This could result in increased ambient PM 10 concentrations beyond 2013, which could jeopardise air quality improvements made in previous years and increase the risk of breaching Objective AQL6 (and the NESAQ). Provision is made for continued PM 10 emissions from these devices, if after 15 years of installation, it can be demonstrated that the device continues to operate as well, or better than it did when first installed. Council s discretion is limited to the existing and future emission performance of the small scale solid fuel burning device to ensure the ambient air quality as identified in Objective AQL6 is achieved. The duration of consent will be determined on a case-by-case basis. Rule AQL100 Open fires existing on 16 August 2008 in the Ashburton Clean Air Zone 1 non-complying activity Rule AQL100 controls the discharge of contaminants into air from the burning of any solid fuel from existing open fires (those that existed as of 16 August 2008). Rule AQL100 requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from open fires, if pollution control devices are retro-fitted implementing Policy AQL41. Retro-fitting such pollution control devices may result in the ongoing emission performance of open fires being less than enclosed burners permitted under NRRP Chapter 3. Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL101 Enclosed burner installed before 1 January 2001 in the Ashburton Clean Air Zone 1 non-complying activity Rule AQL101 controls the discharge of contaminants into air from enclosed burners installed before 1 January 2001 that do not meet Rule AQL2. Rule AQL101 recognises that at an individual appliance level, enclosed burners installed prior to 1 January 2001 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from these enclosed burners if pollution control devices are retro-fitted implementing Policy AQL41. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being as good as or better than enclosed burners Page Chapter 3 Air Quality October 2009/June 2011

286 permitted under NRRP Chapter 3 (Rule AQL2). Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL102 Enclosed burner installed after 1 January 2001 but before 1 June 2002 in the Ashburton Clean Air Zone 1 non-complying activity Rule AQL102 controls the discharge of contaminants into air from enclosed burners installed after 1 January 2001 but before 1 June 2002 that do not meet Rule AQL2. This rule recognises that at an individual appliance level, enclosed burners installed prior to 1 June 2002 that do not meet Rule AQL2 are high emitters of PM 10. The rule requires discharges to cease unless resource consent is obtained. The purpose of allowing application for resource consent to be made is to consider consenting discharges to air from these enclosed burners if pollution control devices are retrofitted implementing Policy AQL41. Retro-fitting such pollution control devices may result in the ongoing emission performance of an older enclosed burner being as good as or better than enclosed burners permitted under NRRP Chapter 3 (Rule AQL2). Emission performance in this regard should take into account both emissions (g/kg) and thermal efficiency. Rule AQL103 Combustion of solid fuel or light fuel oil in new, replacement or upgraded large scale fuel burning devices in the Ashburton Clean Air Zones 1 and 2 discretionary activity Rule AQL103 controls the discharge of contaminants into air from new, replacement or upgraded large scale fuel burning devices. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from new large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 250 mg/m 3. The 250 mg/m 3 limit is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Rule AQL103A Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of 500 kw or less with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of 500 kw or less in the Ashburton Clean Air Zones 1 and 2 controlled activity Rule AQL103B Replacement of existing large scale fuel burning devices burning solid fuel with a combined heat output of greater that 500 kw to less than or equal to 1 MW with large scale wood pellet burning devices burning wood pellet fuel with a combined heat output of greater than 500 kw to less than or equal to 1 MW in the Ashburton Clean Air Zones 1 and 2 restricted discretionary activity Rule AQL103C New large scale wood pellet burning devices with a combined heat output of 500 kw or less, or large scale wood pellet burning devices with a combined heat output of 500 kw or less replacing existing large scale fuel burning devices not burning solid fuel, in the Ashburton Clean Air Zones 1 and 2 restricted discretionary activity While the contribution from these appliances to ambient PM 10 concentrations in winter is estimated to be only approximately 15% at present, this contribution will increase in the future if emission control October 2009/June 2011 Chapter 3 Air Quality Page 3-273

287 measures are not implemented. Because NRRP Chapter 3 is expected to achieve a marked reduction in emissions from the domestic sector, the proportional impact of industrial and trade emission sources will increase in the future. The most simple and cost-effective method of reducing industrial particulate emissions is to generally require compliance with a particulate emission concentration limit of 250 mg/m 3. Small (less than or equal to 1 MW) large scale wood pellet fuel burning devices are able to achieve significantly less particulate emissions, in part because of the wood pellet fuel burned. Where such large scale wood pellet burning devices are replacing existing large scale fuel burning devices combusting solid fuel, a minimum emission standard of 125 mg/m 3 is currently readily achievable. Further, where large scale wood pellet fuel burning devices are purpose built and have a heat output of less than 500 kilowatt a minimum emission standard of 72 mg/m 3 is current readily achievable. In the future, less particulate emission may be achievable, and become the best practical option technology. As this occurs, it is expected that devices considered in resource consent application processes will be subject to tighter emission standards. Rules AQL103A to AQL103C recognise and provide for this less emitting technology. The change in resource consent application activity status for replacement large scale wood pellet fuel burning devices for those 500 kw or less, and those between 500 kw and 1 MW, reflects the increased potential for the larger devices to create localised adverse effects on air quality, resulting in different resource consent application outcomes. By existing what is meant is that as of 16 August 2008 (the date of public notification of Variation 13) the large scale fuel burning devices were legally existing and operating, and continue to be legally operated at the time a resource consent application is made and considered under this rule. At that time these devices form an accepted part of the environment. When replacement resource consent is sought for these devices the consent authority is to consider localised adverse effects on the environment. Further, the consent authority is also to consider the extent to which the proposal adopts the best practical option to prevent or minimise both localised adverse effects on the environment and the contribution of the large scale fuel burning device to ambient air quality within Ashburton, particularly PM 10 ambient air quality. It is possible that under Rule AQL18D resource consent applications may be made for more than one large scale wood pellet burning device located on more than one property at yet to be determined locations (a global resource consent application). The rule anticipates this may occur. Any such resource consent application will need to demonstrate that localised adverse effects and adverse effects on ambient air quality can be appropriately controlled at any property the resource consent may be exercised upon. In addition, it is important to ensure that a short term allocative approach is taken to the authorisation of emissions from these large scale wood pellet burning devices. This is necessary in order to carefully manage the overall achievement of Objective AQL3 and Regulations 17, 17A, 17C and 18 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and Other Toxics) Regulations Such a short-term allocative approach is the most effective and efficient way of controlling cumulative effects of individual resource consents and managing uncertainty. Rule AQL104 Combustion of solid fuel or light fuel oil in existing large scale fuel burning devices in the Ashburton Clean Air Zone 1 discretionary activity Rule AQL104 controls the discharge of contaminants into air from existing large scale fuel burning devices fired by solid fuel. Coal and wood burning boilers and heaters are the primary sources of particulate matter discharged from large scale fuel burning devices. The amount of particulate matter discharged varies according to the design and operation of each appliance and the type of fuel used. Analysis indicates that the overall amount of fuel used in large scale fuel burning devices is likely to increase during the life of NRRP Chapter 3. The most simple and cost-effective method of reducing overall particulate emissions from existing large scale fuel burning devices is to require compliance with a maximum particulate emission concentration limit of 300 mg/m 3. The 300 mg/m 3 limit recognises the additional cost of retro-fitting Page Chapter 3 Air Quality October 2009/June 2011

288 pollution control measures. It is the starting point for the consideration of the best practicable option to reduce PM 10 emissions in any given situation. Rule AQL105 Large scale fuel burning devices burning solid fuel or light fuel oil that do not meet the conditions set by Rules AQL103, AQL103A, AQL103B, AQL103C and AQL104 in the Ashburton Clean Air Zones 1 and 2 noncomplying activity Rule AQL105 controls the discharge of contaminants into air from large scale fuel burning devices fired by solid fuel or light fuel oil which do not comply with conditions of Rules AQL103 and AQL104. Only a small number of existing and new large scale fuel burning devices fired by solid fuel or light fuel oil are expected to fail to comply with the conditions of Rules AQL103 and AQL104. Potentially, this small number may discharge PM 10 contaminant that results in a significant increase in the PM 10 concentrations in the Ashburton Clean Air Zone Resource consents Regulatory mechanisms to control the adverse effects from a variety of sources that discharge contaminants into air are needed, particularly in areas where the regional ambient air quality targets are exceeded, or if there are significant adverse effects. Resource consents will be required for discharges into air which are specified as controlled, limited discretionary, discretionary or non-complying activities, which do not meet the criteria specified in the NRRP for permitted activities, or are air discharges from industrial or trade premises not covered by the NRRP and therefore specified as discretionary activities. The aim of this is to reduce and minimise the effects of activities which are regarded as being more than minor. In the consideration of resource consent applications and the setting of conditions on consents, Environment Canterbury will take into account the regional ambient air quality targets, the discharge of hazardous air pollutants and greenhouse gases, amongst other matters as required by Sections 104, 105, 107 and 108 of the RMA Compliance and enforcement This method provides a signal that when adverse effects do occur that are contrary to the conditions within the rules of the NRRP, Environment Canterbury will consider initiating enforcement proceedings. Section 17 and Part XII of the RMA can be used to require a person to cease an activity causing adverse effects, or to prohibit a person from commencing an activity that may result in adverse effects. It is appropriate for Environment Canterbury to take such enforcement action as necessary to prevent a recurrence of the breach, or to mitigate the effects of any breach incurred Response to complaints and enquiries Responding to complaints and enquiries indicates that Environment Canterbury will use complaints as an indication of the actual or potential effects being caused by activities discharging contaminants into air. Complaints will be the most common means of becoming aware of air discharges that are causing a nuisance or having adverse health effects on people, communities and the environment. Environment Canterbury has a 24-hour pollution hotline and also provides a Customer Services department to respond to general public enquiries about air discharges during office hours. All complaints are responded to and are compiled into a complaints database. Environment Canterbury staff make a visit to the property, outlining the responsibilities of the offender and give the offender a copy of the appropriate rule(s) if an offence has occurred. The most appropriate agency to handle the complaint will depend on the effects of the discharge of contaminants to air, thus it is important to have procedures in place to ensure that complaints are handled by the appropriate authority and in an integrated manner. October 2009/June 2011 Chapter 3 Air Quality Page 3-275

289 For example, in addressing agrichemical spray drift complaints, there are five different agencies that have responsibilities for agrichemical spray drift incidents. These are: Environment Canterbury, territorial authorities, Occupational Safety and Health Service of the Department of Labour, health agencies and Ministry of Agriculture and Forestry Regulatory Authority (Enforcement Unit). Environment Canterbury is likely to be the first contact with respect to any agrichemical spray drift incident or spillage as there is a 24-hour pollution hotline. Environment Canterbury will then either investigate the complaint or forward it to the appropriate agency to deal with it. Developing a Memorandum of Understanding can formalise a process of integration and communication between the agencies involved. This will enable an integrated approach to be developed and implement a procedure to investigate and resolve complaints regarding discharges of contaminants to air which are causing a nuisance to the health of people, communities and the environment. Other activities that have adverse effects and would benefit from a joint approach between Environment Canterbury and other interested parties to address complaints include fuel burning devices, outdoor burning, odorous and dusty activities, and industrial or trade processes and premises. Where a complaint draws attention to a matter which requires enforcement, this will be in accordance with the requirements identified above for enforcement. Staff will have regard to the assessment criteria that have been prepared for particles, dust and odour Assessment criteria The requirement to not cause objectionable or offensive effects due to discharges to air, is consistent with the general duties imposed by Section 17(3)(a) of the RMA. The impacts of particles, odour and dust on the community can be chronic or acute. This method recognises the difficulty and subjectivity in determining at what point particle, dust or odour discharge effects become offensive or objectionable. In many cases, the observation of particles, dust or odour beyond the boundary of a property should be used to indicate the potential for adverse effects on the community. The actual extent to which the community is adversely affected, or in other words, whether objectionable or offensive effects have occurred, would be determined by the use of one or more assessment tools and criteria. It is anticipated that the results of these assessments could be further supported by the recorded observations of council officers regarding specific incidents of objectionable or offensive particles, dust or odour, at or beyond the boundary of a property. The assessment criteria in Appendices AQL3, AQL4 and AQL5 provide Environment Canterbury officers and the operators of activities that discharge particles, dust or odour to air with a guide, on a case-bycase basis, to the various assessment criteria to be used in determining at what point particles, dust or odour become offensive and objectionable Territorial authorities This method recognises that under the RMA, territorial authorities have responsibilities in managing the effects of land use in an integrated manner. Territorial authorities have a role in addressing the likely effects of activities as part of their functions to control any actual or potential effects of the use, development or protection of land, including for the prevention of any adverse effects from land use activities that may discharge contaminants into air. It is important that territorial authorities and Environment Canterbury have a consistent approach to the management of activities that discharge contaminants into air. The concept of existing use rights and reverse sensitivity provides for lawfully established uses to be able to continue without interruption from new or incompatible land uses. Existing use rights however do not imply immunity from the duty to avoid, remedy or mitigate adverse effects on other surrounding uses. Reverse sensitivity is a term that describes the incompatibility of new activities with established activities. The concept implies a need for territorial authorities to consider the sensitivity of proposed activities to those that already exist in the area and avoid that incompatibility where possible. These concepts recognise the importance of land use planning that ensures activities discharging significant levels of Page Chapter 3 Air Quality October 2009/June 2011

290 contaminants to air are kept separate from sensitive activities such as residential use. Conversely, it is important to ensure that sensitive land uses do not encroach upon activities with lower amenity standards, such as waste management processes or activities reliant on agrichemical spraying. 3.6 Environmental Results Anticipated The implementation of policies and methods in this chapter is expected to achieve the following environmental results within ten years of this chapter becoming operative, unless otherwise stated. Environmental Result Anticipated AQL1 Air management outcomes that are consistent with the values held by Tāngata Whenua as Kaitiaki. Environmental Result Anticipated AQL2 Ambient air quality is not further degraded, and by 2020 remains within the Regional Ambient Air Quality Targets contained in Schedule AQL1. Environmental Result Anticipated AQL3 Risk from discharges of hazardous air pollutants contained in Schedule AQL2 is reduced to a level where there are no more than minor adverse effects on human health and the health of animals and plants. Environmental Result Anticipated AQL4 Ground level concentrations of priority hazardous air pollutants remain within concentrations identified in Schedule AQL3. Environmental Result Anticipated AQL5 By 2010, no observations of smoky vehicle emissions. Environmental Result Anticipated AQL6 By 2010, a 90% reduction in the number of people adversely affected by emissions from outdoor burning, as assessed in Environmental Result Anticipated AQL7 By 2010, a 90% reduction in the number of validated complaints about offensive and objectionable odour from rural and industrial or trade premises or processes compared to the number of complaints during Environmental Result Anticipated AQL8 By 2010, a 90% reduction in the number of validated complaints about dust nuisance compared to the number of complaints during Environmental Result Anticipated AQL9 By 2010, a 90% reduction in the yearly number of reported incidents of agrichemical spray drifting beyond targeted areas or species resulting in adverse effects compared to the number of reported incidents occurring yearly until Environmental Result Anticipated AQL10 Discharges into air do not cause corrosive effects on structures. Environmental Result Anticipated AQL11 No short or long term contamination of soil and water as a result of the discharge of contaminants to air. October 2009/June 2011 Chapter 3 Air Quality Page 3-277

291 Environmental Result Anticipated AQL12 Within the Christchurch Clean Air Zone 1, the benefits of achieving the 50 µg/m 3 (24 hour average) target for PM 10 with one annual exceedence (averaged over three years) include (but are not limited to): (a) reduced numbers of premature deaths (estimated to be currently between per annum) to 34; and (b) reduced hospitalisations (estimated to be currently between per annum) to 61; and (c) reduced restricted activity days (estimated to be currently between and per annum) by 60%; and (d) reduction in lost work days; and (e) reductions in medication use; and (f) potentially improved visibility; and (g) improved perception of Christchurch as a clean and healthy city, and hence increased business confidence and tourism; and (h) reduced nuisance effects associated with smell, smoke and materials soiling. Environmental Result Anticipated AQL13 Within the Christchurch Clean Air Zone 1 there is consistent achievement of the 24 hour PM 10 target of 50 µg/m 3 (with one annual exceedence, averaged over three years) by 2012 in accordance with the projected decreases illustrated in Figure 3-4 (below), and therefore a reduction in 1996 emissions levels of at least 74%. 110% 100% 90% 80% Percent of 1996 emission 70% 60% 50% 40% 30% 20% 10% 0% First stage target - one exceedence Long term target zero exceedences Year decreases in PM 10 emissions in Christchurch as a result of policies Figure 3-4: Pro jected Note: the following assumptions have been made in relation to Figure 3-4: (a) only emissions inside the Christchurch Clean Air Zone 1 contribute to ambient air quality monitored in that area; and (b) there is no contribution from other sources (e.g., dust, sea spray, outdoor burning); and 2020 Page Chapter 3 Air Quality October 2009/June 2011

292 (c) emissions from transport decrease at projected rates, and emissions from industry increase in absence of additional controls. It is estimated that the contribution from transport and industry will be 12% of the 1996 emissions at 2021; and (d) Environment Canterbury does not approve applications for installation of solid fuel burners not meeting the low emission standards; and (e) a 1 g/kg burner (i.e. meeting the standards of Policy AQL11) operates at 3 g/kg in real time operative conditions; and (f) fuel use/household is 15 kg/night (average); and (g) there is a linear decrease in the use of open fires from 2002 (of open fires in the 25 suburb area) to zero in 2008; and (h) no more than 42% of households with open fires replace them with complying burners (those meeting the conditions of Rule AQL1) prior to 2008; and (i) no more than 56% of houses with existing non-complying enclosed burners install complying enclosed burners (those meeting the conditions of Rule AQL1); and (j) the relationship between emissions and concentrations is linear; and (k) Environment Canterbury undertakes extensive public information and education campaigns; and (l) Environment Canterbury implements the proposed Clean Air and Energy Efficiency Incentives programme. Environmental Result Anticipated AQL14 Within the Christchurch Clean Air Zone 1 the Clean Air and Energy Efficiency Incentives and Assistance Programme is effective in ensuring avoidance of more people living in inadequately heated homes. 3.7 Air Quality Monitoring and Review Monitoring Procedure The procedures to monitor the suitability and effectiveness of the air quality objectives and policies are outlined below. To meet the requirements of Section 35 of the RMA, Environment Canterbury will carry out the following types of monitoring: (a) monitoring the environment to assess whether specific anticipated environmental results are achieved; and (b) compliance monitoring of resource consents, permitted activities and other processes to ensure compliance with conditions Monitoring Anticipated Environmental Results Environment Canterbury will undertake to assess the achievement of environmental results in the area addressed through the use of the mechanisms outlined in Tables 3-2 and 3-3 (over). From time to time the monitoring programme set out may need to be adapted in response to changes in priority, the environment, legislation and technology. October 2009/June 2011 Chapter 3 Air Quality Page 3-279

293 Page Chapter 3 Air Quality October 2009/June 2011 Table AQL3 Monitoring Environmental Results Anticipated Environmental results anticipated 1. Achievement of the Regional Ambient Air Quality Targets 2. Hazardous air pollutants Environmental indicators PM 10 concentrations SO 2 concentrations CO concentrations Location of monitoring Urban centres in accordance with Table 3-4 Urban centres in accordance with Table 3-4 Urban centres in accordance with Table 3-4, at street level Method of monitoring or investigation TEOM (tapered element oscillating micro-balance technique), emissions inventory surveys and visibility monitoring Fluorescence and emissions inventory surveys Gas filter correlation method and emissions inventory surveys NO 2 concentrations St Albans, Christchurch Ozone chemiluminescence, emissions inventory surveys and visibility monitoring O 3 concentrations Dioxins and polycyclic aromatic hydrocarbons Volatile organic compounds Rural locations surrounding Christchurch metropolitan area Coles Place, St Albans, Christchurch Street level, Christchurch, and Coles Place, St Albans, Christchurch UV absorption and emissions inventory surveys High volume sampler and filter analysis Passive samplers 3. Outdoor burning Refer to Appendix AQL3 Region wide Compliance monitoring and complaints 4. Odour Refer to Appendix AQL5 Region wide Compliance monitoring and complaints 5. Dust nuisance Refer to Appendix AQL4 Region wide Compliance monitoring and complaints 6. Agrichemical spray drift Odour, crop damage, health problems Region wide Compliance monitoring and complaints Frequency of monitoring Continuous Continuous Continuous Continuous Seasonal monitoring undertaken 3 yearly beginning 2002 Seasonal monitoring undertaken 3 yearly beginning 2002 Seasonal monitoring undertaken 3 yearly beginning 2004 As required As required As required As required Method of reporting Annual reporting, and informal and regular daily reporting during winter months Annual reporting Annual reporting Annual reporting Seasonal 3 yearly beginning 2003 Seasonal 3 yearly beginning 2003 Seasonal 3 yearly beginning 2005 Annual reporting Annual reporting Annual reporting Annual reporting 7. Corrosion Degree of corrosion Region wide Complaints and biomonitoring As required Annual reporting 8. Achievement of the PM 10 (24 hour) target of 50 µg/m 3 in the Christchurch Clean Air Zone 1 PM 10 concentrations Coles Place, St Albans and on 2 mobile monitoring stations TEOM, emissions inventory surveys, epidemiological studies Continuous Annual reporting, and informal and regular daily reporting during winter months Canterbury Natural Resources Regional Plan

294 October 2009/June 2011 Chapter 3 Air Quality Page Table AQL4 Location of Monitoring Site no St Albans St Albans St Albans St Albans St Albans St Albans St Albans St Albans St Albans St Albans St Albans 2 Timaru Timaru Timaru Timaru Timaru Timaru Timaru Timaru Timaru Timaru Timaru 3 Sumner Hoon Hay Belfast Templeton Mobile Christchurch 4 * Hornby Aranui Halswell Beckenham Mobile Christchurch Mobile Christchurch Mobile Christchurch 5 Washdyke Waimate Geraldine Ashburton Ashburton Mobile Rural Townships 6 Kaiapoi Kaiapoi Fairlie Rangiora Rangiora Mobile Rural Townships 7 Kaikōura Lyttelton Rakaia Mobile Rural Townships Mobile Rural Townships Mobile Christchurch Mobile Christchurch Mobile Rural Townships Mobile Rural Townships Mobile Rural Townships Mobile Christchurch Mobile Christchurch Mobile Rural Townships Mobile Rural Townships Mobile Rural Townships Mobile Christchurch Mobile Christchurch Mobile Rural Townships Mobile Rural Townships Mobile Rural Townships Mobile Christchurch Mobile Christchurch Mobile Rural Townships Mobile Rural Townships Mobile Rural Townships Notes: * SO 2 only in 2001 and PM 10 and SO 2 only from 2002 The Mobile - Christchurch sites are to monitor variations in concentrations across Christchurch and the effectiveness of plan measures. Consideration could be given to moving one of these sites into a rural town rotation if sufficient air quality problems are found in the rural towns The priority of Mobile Rural Townships monitor is determined by monitoring to be undertaken in 2001 to Townships have been ranked in order of priority based on overall emissions and not meteorology. The ranking is as follows, in addition to the townships already identified: Temuka, Leeston, Burnham, Waikuku, Woodend, Darfield, Diamond Harbour, Akaroa, Governors Bay, Amberley, Southbridge, Lincoln, Oxford, Hanmer Springs, Cheviot, Rolleston, Twizel, Prebbleton, Fairlie, Culverden. Mobile Christchurch Mobile Christchurch Mobile Rural Townships Mobile Rural Townships Mobile Rural Townships Canterbury Natural Resources Regional Plan

295 3.7.3 Compliance Monitoring Table AQL5 (below) sets out the compliance monitoring and reporting programme that Environment Canterbury will undertake to ensure that activities comply with consent conditions or rules established under NRRP Chapter 3. Table AQL5 Compliance Monitoring and Reporting Programme Type of authorisation Monitoring Method Monitoring Frequency Reporting Prohibited activities Response to complaints As required Discharge to air permits Permitted activities Site inspection, sampling of discharges, monitoring the rate and type of discharge, monitoring the impact on the receiving environment To be determined by the following consideration in relation to the authorised activity: - potential adverse effects; or - sensitivity of the receiving environment; or - history of compliance; or - extent and type of any self monitoring; or - number, frequency and type of any complaints. Annually in the Annual Compliance Monitoring Report For more information on compliance monitoring of resource consents require refer to Resource Consent Information Series Booklet 9 available from available from your nearest Environment Canterbury office or from our Customer Services Section by phoning 0800 EC INFO ( ) Review In addition to initiating a review of the provisions of this chapter in accordance with that identified in Section of NRRP Chapter 1, Environment Canterbury will undertake to review the provisions that flow from Objective AQL3 of the Natural Resources Regional Plan on the following basis: (a) a yearly review that evaluates: (i) ambient air quality monitoring results; (ii) the effectiveness of the incentives and assistance programme in ensuring the avoidance of more people living in inadequately heated homes; (iii) appropriate new technology advances and availability, and the possibility of applying a more restrictive burner s emission standards; (b) a three-year review following the three yearly emissions inventory in 2005, 2008, 2011 and 2014, that amongst other things evaluates, including matters identified in (a) above: (i) progress made towards achieving Objective AQL3 as follows: (1) by 2005 a 35% reduction in emissions of PM 10 giving around 14 days of exceedences per year on average; (2) by 2010 a 66% reduction in emissions of PM 10 giving around 3 days of exceedences per year on average. (3) Note: these figures are subject to large uncertainties (+/- 10 days) associated with the assumptions used to derive them, as listed under Environmental Result Anticipated AQL12. (ii) compliance with the provisions in NRRP Chapter 3; Page Chapter 3 Air Quality October 2009/June 2011

296 (iii) Ministry for the Environment or Department of Health or other appropriate evidence of public health guidelines. October 2009/June 2011 Chapter 3 Air Quality Page 3-283

297 3.8 Air Quality Appendices Appendix AQL1 Guide to minimise smoke emissions from outdoor burning under Rules AQL29, AQL30 and AQL30A (1) Burning of vegetation, cardboard, paper and untreated wood under Rule AQL29 (a) Except stumps, standing dead vegetation and crop residue, vegetation should be allowed to dry for at least four weeks in summer and six weeks in winter prior to burning. (b) Prior to burning there should be at least two days of fine weather when less than five millimetres of rain has fallen. (c) Regard should be had to the forecast wind strength and direction during the intended day of burning. Burning should not occur when either: (i) very strong winds (such as northwesterly gales) are predicted; or (ii) calm, highly stable conditions (which encourage the development of temperature inversions) are predicted to occur in winter. (d) Vegetation and wood should be stacked loosely, not compacted. (e) A small fire should be started with the driest material and fed gradually with further material once the fire is blazing. Fires should not smoulder slowly. (f) The fire should not be left unattended once started. (g) Small quantities of diesel oil or re-refined oil may be used as accelerants. Burning of rubber, used or waste oil is prohibited under Rule AQL36. (2) Burning of polyethylene agricultural wrap under Rule AQL30 and AQL30A (a) Polyethylene agricultural wrap should be kept as dry and clean as possible. Muddy and wet wrap does not burn well. (b) Polyethylene agricultural wrap should only be burned atop a blazing fire fuelled by vegetation, paper, cardboard and/or untreated wood. Small loose bundles of wrap should be added to the vegetation fire once it is burning well. Because plastic melts readily, ensure it does not catch around you when feeding the fire. (c) Except as provided for in Rule AQL29, the burning of any other plastics in this manner is prohibited, including (but not limited to) plastics containing halogens or phosphorus components. Appendix AQL1(2) Burning of polyethylene agricultural wrap under Rule AQL30 and AQL30A shall cease to apply on 1 January Advisory Notes (a) Burning resulting in the dispersal or deposition of particles that causes an objectionable or offensive effect beyond the boundary of the property where the discharge originates, may be subject to enforcement action. However, following the steps in 1 to 3 above should help prevent such adverse effects. In deciding on whether enforcement action will be taken, Environment Canterbury staff will be guided by the Criteria for Assessing Offensive or Objectionable Dispersal or Deposition of Smoke Particles in Appendix AQL3. Page Chapter 3 Air Quality October 2009/June 2011

298 (b) Land use consent is required to burn vegetation in parts of the high country, in accordance with the Environment Canterbury Land and Vegetation Management Plan. Check with Environment Canterbury if in doubt. (c) A fire permit under the Forests and Rural Fires Act 1977 may be required from: (i) the relevant district or city council; (ii) a forestry company that is a rural fire authority; or (iii) the Department of Conservation, when burning occurs within one kilometre of land administered by the Department; or (iv) the Department of Conservation, when burning occurs in an area owned by the Crown. (d) Vegetation burning on Crown land requires a consent under the Land Act 1948, from the Commissioner of Crown Lands. (e) Rule AQL30 only applies before 1 January 2011 and Rule AQL30A only applies from 1 January 2011 and before 1 January October 2009/June 2011 Chapter 3 Air Quality Page 3-285

299 Appendix AQL2 Guide to minimise smoke emissions from outdoor burning in residential areas under Rule AQL29B (1) Burning of vegetation, cardboard, paper and untreated wood under Rule AQL29B: (a) Except stumps, standing dead vegetation and crop residue, vegetation should be allowed to dry for at least six weeks prior to burning; (b) Prior to burning there should be at least two days of fine weather when less than five millimetres of rain has fallen. (2) Regard should be had to the forecast wind strength and direction during the intended day of burning. Burning should not occur when either: (a) very strong winds (such as north-westerly gales) are predicted; or (b) cold/frosty, clear, calm & highly stable conditions which encourage the development of temperature inversions. (3) Vegetation and wood should be stacked loosely, not compacted. (4) A small fire should be started with the driest material and fed gradually with further material once the fire is blazing. Fires should not smoulder slowly. (5) The fire should not be left unattended once started. (6) Small quantities of diesel oil or re-refined oil may be used as accelerants. Note that burning of rubber, used or waste oil is prohibited under Rule AQL36. Advisory notes Burning resulting in the dispersal or deposition of particles that causes an objectionable or offensive effect beyond the boundary of the property where the discharge originates, may be subject to enforcement action. However, following the steps in 1 to 6 above should help prevent such adverse effects. In deciding on whether enforcement action will be taken, Environment Canterbury staff will be guided by the Criteria for Assessing Offensive or Objectionable Dispersal or Deposition of Smoke Particles in Appendix AQL3. Page Chapter 3 Air Quality October 2009/June 2011

300 Appendix AQL3 Criteria for assessing offensive or objectionable dispersal or deposition of smoke particles Environment Canterbury, for the purposes of assessing compliance with permitted activity conditions, resource consent conditions, or Sections 17(3)(a), 314(1)(a)(ii) or 322(1)(a)(ii) of the RMA, will consider the following matters when determining whether or not a discharge of smoke particles from a combustion source has caused an objectionable or offensive effect: (i) the frequency of smoke nuisance events; (ii) the intensity of events, as indicated by quantity of smoke produced and the degree of nuisance; (iii) the duration of each smoke nuisance event; (iv) the offensiveness of the discharge, having regard to the nature of the smoke; including soiling of materials and structures, any health effects, and odour; and (v) the location of the smoke nuisance, having regard to the sensitivity of the receiving environment, including taking into account the relevant zone(s) and provisions in the Operative District Plan. Note: odour may be associated with the smoke discharge and should also be considered in terms of Appendix AQL5. Assessment will be based on the combined impact (i) to (v) above, determined by some or all of the following sources. (It will not be necessary to consider all the listed matters in items (a) to (h) in every case). (a) Other validated smoke complaints or events relating to excessive smoke discharges from the same site, including previous validated complaints from one location. (b) Weather conditions at the time of the smoke nuisance event, particularly wind direction. (c) Information regarding operational conditions that may have caused the excessive smoke discharge. The effectiveness of control measures used to minimise smoke emissions will be taken into account. Consideration will be given to the extent to which good practice guidance was followed, including: (i) outdoor burning: (1) the Guide to Minimise Smoke Emissions from Outdoor Burning, in Appendix AQL1 to NRRP Chapter 3. (ii) large scale fuel burning equipment: (1) operation according to manufacturer s instructions and any relevant codes of practice (such as the CRL Environmental Code of Practice for Coal Fired Boilers <5 MW Capacity); (2) compliance with minimum fuel quality specifications, including: moisture content of wood; ash and fines content of coal; sulphur content (relating to odour and potential health effects); (3) frequency of equipment maintenance, including ash removal, adjustment of the fuel to air ratio and testing of combustion gases or compression ratio/power output (as appropriate); (4) the results of any measurements of the concentration of suspended particulate in the combustion gas; (5) compliance with minimum chimney height and design requirements. (iii) small scale fuel burning devices: October 2009/June 2011 Chapter 3 Air Quality Page 3-287

301 (1) compliance with minimum fuel quality specifications, including: moisture content of wood; ash and fines content of coal; sulphur content (relating to odour and potential health effects). (2) compliance with minimum chimney height and design requirements. (3) compliance with minimum suspended particulate emission criteria for the fuel burning device (as specified in Rule AQL2). (4) operation of solid fuel burning appliances for extended periods at low burn such that the fire smoulders (this is not regarded as good practice and can result in excessive smoke emissions). (d) The duration of observed smoke emissions from the chimney or fire, having regard to the following guidelines: (i) large scale fuel burning equipment: (1) solid fuel burning dark smoke (darker than Ringelmann Shade No.1) for more than 30 minutes in the case of a cold start and more than four minutes during each succeeding hour of operation. (2) gas and oil burning equipment - dark smoke (darker than Ringelmann Shade No.1) for more than two minutes during each hour of operation. (ii) small scale fuel burning devices: (1) dark smoke for more than 15 minutes in the case of a cold start and more than five minutes during each succeeding hour of operation. (e) Is a complaints register held at the site? In the case of large scale fuel burning equipment or frequent outdoor burning Environment Canterbury may require the discharger to keep such a register and identify any cause of an alleged smoke nuisance, including remedial action taken. Some existing consents include conditions requiring that such a register be kept. (f) Contents of smoke diaries held by people living and working in the affected area. If significant ongoing nuisance occurs, people may be requested to keep such a diary. The diaries would record details of any smoke nuisance event, including the date and time of the event, weather conditions (wind speed and direction) at that time, a description of the effect detected, and the duration of the smoke event. (g) Results of a public survey or field investigation commissioned by Environment Canterbury or the discharger. In this case it is critical that the survey or investigation is professionally designed to ensure that credible and reliable information is gathered. (h) Collection of deposited particle samples and analysis to identify source (where necessary and appropriate). Explanatory Note The extent of smoke nuisance should be determined from all available evidence relating to one or more events. In most cases the information specified in items (e) to (h) (complaints register, diaries, surveys and analysis of samples) will not be necessary. Ideally, good practice control measures will be implemented by the discharger to remedy objectionable or offensive effects without the need for expensive investigation. However, for ongoing discharges with potential for significant nuisance or where enforcement action is likely to be required, some or all of the techniques discussed in items (e) to (h) may be required. Page Chapter 3 Air Quality October 2009/June 2011

302 Appendix AQL4 Criteria for Assessing Offensive or Objectionable Dust Environment Canterbury, for the purposes of assessing compliance with permitted activity conditions, resource consent conditions, or Sections 17(3)(a), 314(1)(a)(ii) or 322(1)(a)(ii) of the RMA, will consider the following matters when determining whether or not a dust discharge has caused an objectionable or offensive effect: (i) the frequency of dust nuisance events; (ii) the intensity of dust nuisance events, as indicated by dust quantity and the degree of nuisance; (iii) the duration of each dust nuisance event; (iv) the offensiveness of the discharge, having regard to the nature of the dust; and (v) the location of the dust nuisance, having regard to the sensitivity of the receiving environment, including taking into account the relevant zone(s) and provisions in the Operative District Plan. Assessment will be based on the combined impact (i) to (v) above, determined by some or all of the following sources. (It will not be necessary to consider all the listed matters in items (a) to (i) in every case). (a) Other validated dust complaints or events relating to discharges from the same site, including previous validated complaints from one location. (b) Collection of dust samples and analysis to identify source (where necessary and appropriate). (c) Weather conditions at the time of the dust event, notably wind speed, wind direction and rainfall. (d) Information regarding process conditions that may have caused the complaint. The effectiveness of dust control measures at the site will be taken into account. (e) A complaints register held at the site. Environment Canterbury may require the discharger to keep such a register and identify any cause of an alleged dust nuisance, including remedial action taken. (f) Dust monitoring both within and beyond the site boundary. This includes both deposited dust and suspended particulate monitoring. Regard should be had to the Ministry for the Environment s Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions (January, 2001) when designing a dust monitoring programme and selecting the method of measurement. (g) Results of dust deposition modelling carried out as part of an assessment of effects. These results may be compared to the trigger levels recommended in the Ministry for the Environment s Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions (January, 2001). Note that this method will have limited application to dispersed area sources or small scale discharges. Its primary value lies in the prediction of the effects of point source dust discharges, such as stacks. (h) Contents of dust diaries held by people living and working in the affected area. People may be requested to keep such a diary. The diaries would record details of any dust nuisance event, including the date and time of the event, weather conditions (wind speed and direction, rainfall) at that time, a description of the type and amount of the dust detected, and the duration of the dust event. (i) Results of a public survey or field investigation commissioned by Environment Canterbury or the discharger. In this case it is critical that the survey or investigation is professionally designed to ensure that credible and reliable information is gathered. Explanatory Note The extent of dust nuisance should be determined from all available evidence relating to one or more dust events. In most cases the information specified in items (f) to (i) (dust monitoring, modelling, diaries and October 2009/June 2011 Chapter 3 Air Quality Page 3-289

303 public surveys) will not be necessary. Ideally, good practice dust control measures will be implemented by the discharger to remedy objectionable or offensive effects without the need for expensive investigation. However, for large scale discharges with potential for significant nuisance or where enforcement action is likely to be required, some or all of the techniques discussed in items (f) to (i) may be required. Page Chapter 3 Air Quality October 2009/June 2011

304 Appendix AQL5 Criteria for Assessing Offensive or Objectionable Odour Environment Canterbury, for the purposes of assessing compliance with permitted activity conditions, resource consent conditions, or Sections 17(3)(a), 314(1)(a)(ii) or 322(1)(a)(ii) of the RMA, will consider the following matters when determining whether or not a discharge of odour from an activity is likely to, or has caused offensive or objectionable effects beyond the property boundary: (i) the frequency of odour nuisance events; (ii) the intensity of events, as indicated by the degree of strength, but taking account of character or quality; (iii) the duration of each odour nuisance event; (iv) the offensiveness of the discharge, having regard to the character of the odour; including reference to the hedonic tone ; and (v) the location of the odour nuisance, having regard to the sensitivity of the receiving environment, including taking into account the relevant zone(s) and provisions in the Operative District Plan Assessment will be based on the combined impact of items (i) to (v) above, determined from some or all of the following information which outlines a range of assessment tools, situations where they are best applied and specific details regarding their implementation. When following an assessment, a determination is made of "offensive or objectionable" effects beyond the property boundary, then a copy of the written assessment containing that determination will be provided to the emitter if this would result in the discharge no longer being permitted by Rule AQL58. The guidelines can be applied to both proposed and existing activities. The New Zealand Ministry for the Environment report Good Practice Guide for Assessing & Managing Odour in New Zealand, (June 2003, ISBN: ) suggests a national approach to assessing and managing offensive odours, and contains recommendations, that are based on expert advice, of good practice for the assessment and management of odour. (1) List of Tools The odour assessment tools that may be used to determine whether a discharge of odour is causing objectionable or offensive effects beyond the property boundary include the following: (a) complaint records; (b) community consultation; (c) odour annoyance surveys; (d) odour diary programmes; (e) review of process controls & design; (f) review of site management & contingency plans; (g) odour emissions measurement & modelling; (h) analysis of site specific wind and topographical features. October 2009/June 2011 Chapter 3 Air Quality Page 3-291

305 (2) Tool Selection & Assessment Criteria The appropriateness of the various assessment tools and recommended evaluation criteria are outlined in Tables 3-5 and 3-6 below. Existing and new activities are discussed separately. When assessing potential odour from new activities it is important that odours released from both normal (controlled) and abnormal (un-controlled) emission scenarios are considered. When investigating existing activities that may be causing adverse effects, it is important to ascertain the type of adverse effect that is most likely to be occurring; in terms of chronic or acute odour effects due to normal, controlled, or uncontrolled emissions to air. The correct identification of the type of adverse odour effects will help in the selection of the appropriate odour assessment tool in a particular circumstance. Finally, most of the odour assessment tools in Tables AQL5 and AQL6 are given a Rank number. The lowest rank number (i.e. Rank 1) indicates this tool is recommended for use before a tool with a higher Rank value is implemented. Therefore all tools that are listed as Rank 1 for either existing, or new activities are the first tools that should be implemented. These would also indicate the minimum level of assessment and evaluation required to assess whether objectionable or offensive effects are occurring for an existing activity, or whether they can be expected in the future given proposed changes (to an existing activity), or for a proposed new activity. Note that for the use of process reviews and consideration of best practicable option (BPO) a rank value is not given for either new or existing activities (i.e. is listed as #). Use of BPO has special considerations that are fully discussed under the Implementation Notes section of this guideline. The appropriate selection of other assessment tools and associated criteria (excluding BPO) can be based upon technical matters alone, which allows their preferred use to be ranked as shown in Tables AQL5 and AQL6. Once specific odour assessment tools have been selected, refer to the following section (i.e. Implementation Notes) for guidance on application. Page Chapter 3 Air Quality October 2009/June 2011

306 Table AQL6 Odour Effects Assessment Tools Existing Activities Odour Effect Category Chronic Effects Residual Emissions ex Control System/ Normal Operation of Plant (i.e. accumulated annoyance over time due to repeated low intensity odour impacts due to controlled, continuous, or semi continuous emissions from defined and consistent processes) Assessment Tools (RANK 1) Complaint Records - complaints should be classified as validated by a Council Officer, or from wind direction records, or as simply registered but not confirmed (RANK 2) Community Consultation - periodic meetings with community representatives from Community associations (RANK 3) Odour Annoyance Survey Urban and semi-urban areas (RANK 3) Odour Diaries & Weather Monitoring - isolated areas with low population densities (RANK #) Review of Process Emission Control System(s) Hardware and Design Standard (RANK 6) Olfactometric Quantification of Source Odour Emissions & Modelling - generally this tool is not recommended for existing activities unless for assessing potential effect of proposed plant changes, or confirming actual emission rate changes following new procedures and/or new plant commissioning etc Evaluation Criteria Number of Complaints per Month - verify as validated (and method of validation) or just registered for a specific source (not confirmed) Anecdotal Evidence Anecdotal evidence of community feeling in regards to odour effects Percentage (%) at Least Annoyed 5% to 15% - typical for control populations. 20% - effects become significant 50% to 100% - extreme effects on population Percentage of Time (%) Exposed to Recognisable Odours from the Source assess the frequency, duration and strength of odour impact events and associated experiences over 6 months, or a longer time period if necessary, to encompass a specific season Compliance with BPO, or Industry Codes of Practice Modelling Odour Guideline Existing A one-hour average concentration of 10 ou/m 3 2 (certainty threshold) if in an isolated rural or an appropriate industrial area. Use lower values of 5 ou/m 3, (certainty, 1-hour) for existing activities that are close to large metropolitan areas. These values may be exceeded for not more than 0.5% of the time. Note that for existing activities, the results from higher ranked tools should be given more weight that modelling predictions Acute Effects Equipment or System Failures/Mishaps/ Abnormal Operation of Plant (ie short term offensive impacts due to unstable, highly variable, or uncontrolled emissions that occur occasionally). 2 Odour units per cubic metre. (RANK 1) Complaint Records - as for chronic effects (RANK 2) Community Consultation - as for chronic effects (RANK 3) Review of Odour Management Plan & Contingency Procedures (RANK 4) Odour Annoyance Survey - as for chronic effects (RANK 4) Odour Diary & Weather Monitoring - as for chronic effects (LOW RANK) Olfactometric Quantification of Source Odour Emissions & Modelling - not recommended as an assessment tool for occasional or periodic releases of odour. - as for chronic effects - as for chronic effects Level of ACCEPTABLE RISK for Uncontrolled Odour Discharges - as for chronic effects - as for chronic effects N/A October 2009/June 2011 Chapter 3 Air Quality Page 3-293

307 Table AQL7: Odour Effect Category Odour Effects Assessment Tools New Activities Assessment Tools Evaluation Criteria Chronic Effects Residual Emissions ex Control System/ Normal Operation of Plant (i.e. accumulated annoyance over time due to repeated low intensity odour impacts due to the controlled continuous, or semi continuous emissions from defined and consistent processes) Acute Effects Equipment or System Failures/Mishaps Abnormal Operation of Plant (RANK 1) Community Consultation - meeting with community to discuss proposal (RANK 1) Establish the prevalent seasonal wind patterns, topographical features and likely cold air drainage patterns at the site (RANK 1) Experience with similar sites (RANK 2) Olfactometric Quantification of Source Odour Emissions & Modelling - for good practice odour dispersion modelling guidance refer to Table Notes (RANK #) Review of Proposed Process Emission Control System(s) Hardware and Design Standard (RANK 1) Community Consultation - as for chronic effects (RANK 1) Review of Odour Management Plan & Contingency Procedures (RANK1) Experience with similar sites Community Feedback - gauge community receptiveness and likely sensitivity to odour effects Site Characteristics - ranking of different areas in terms of relative potential for odour impacts to occur i.e. highest, medium and lowest. NB these categories are only a function of location with respect to the proposed site and prevalent wind and cold air drain flow patterns at that site Other Experiences - typical butter distances and nature of emissions including variability and character. Also assess the applicability of assumed buffer distances based upon comparison of the key wind conditions that have potential to cause odour impacts Modelling Odour Guideline New Activity - a one-hour average standard of 5 ou/m 3, (certainly threshold) if in an isolated rural or an industrial area, or 2 ou/m 3, (certainly, 1-hour) if close to large metropolitan areas. These values may be exceeded for not more than 0.5% of the time Compliance with BPO, or Industry Codes of Practice - as for chronic effects Level of ACCEPTABLE RISK for Uncontrolled Odour Discharges - as for chronic effects (i.e. short term offensive impacts due to unstable, highly variable, or uncontrolled emissions that occur occasionally) (LOW RANK) Olfactometric Quantification of Source Odour Emissions & Modelling - not recommended as an assessment tool for occasional or periodic releases of odour N/A Page Chapter 3 Air Quality October 2009/June 2011

308 Implementation Notes This section provides guidance for conducting site investigations, odour surveys and odour modelling assessments. (1) Site Investigation in Response to Complaints Council officers will sometimes carry out a site investigation in response to a complaint. The Environment Canterbury officer will advise the alleged offenders of the results of their investigations as soon as possible. This allows staff at the alleged source of odour to make their own investigations into the alleged odour incident. The general approach Environment Canterbury staff are likely to take includes: (a) record time and location of complaint and complainant s description of the alleged odour event; (b) where appropriate, encourage the complainant to communicate directly with the alleged emitter; (c) advise the alleged emitter as soon as possible (preferably within 24 hours) to enable them to identify the problem and take action to address the complaint; (d) record the time that staff at the alleged source were contacted, the name(s) of persons spoken to at the site and their comments regarding the status of the site activities during the time that the complainant(s)considered the odour to have occurred; (e) ensure that the assessment of odour from the site is undertaken via a 360o sweep of the site, so that other potential sources of odour can be identified and described; (f) complete an investigation report that details: (i) the location of complainant (ii) the character and strength of odour at the alleged location (iii) the wind direction and general weather conditions (iv) an assessment of air upwind of source and complainant s location (v) a confirmation of likely source or sources of odour (vi) the staff contacted at identified source and note the site s operating status; (g) immediately visit the site, or telephone staff to explain the results of the investigation and obtain feedback upon any likely causes of the odour that were identified by staff, or from the investigation officer s own observations of the site; (h) provide a copy of the investigation officer s report to the site s management staff regarding the odour incident and subsequent investigation findings. (2) Odour Annoyance Surveys Odour annoyance surveys are recommended when communities are sufficiently large to allow for a statistically significant odour survey to be instigated. There are a number of considerations that must be made before an odour annoyance survey is undertaken. These include the existence of appropriate survey population sizes and the appropriate selection of groups within the general survey area. Odour annoyance surveys conducted to date have generally aimed for a target of 50 to 70 responses from any one sub-group of the community, which provides a theoretical survey margin of error in the order of 10%. October 2009/June 2011 Chapter 3 Air Quality Page 3-295

309 Sub-groups are normally defined by their general location with respect to the odour source, such that persons living or working within the sub-group receive a similar level of odour impact and during the same types of wind condition. A useful approach for selecting a sub-group of the survey population is to map out as large an area as possible that will receive a similar level of odour impact for some general wind condition. In most cases it is necessary to have three or four sub-groups within an overall survey area. As survey sub-groups are selected for their differing levels of odour exposure, and/or differing directions from the source, the results from such groups should generally stand alone (and not be averaged together to provide an overall result), when assessing adverse effects. There is now a significant body of odour annoyance survey results for control populations within New Zealand. But, it is still preferable that a control population that is relevant to the survey population is included within the survey design. It is normal practice to survey residential areas by telephone interview during 7:00 pm to 9:00 pm on a single evening. This allows the survey to be completed quickly and with minimal opportunity for respondents to communicate with each other about the survey. However on some occasions the survey may include commercial, industrial zones or educational zones. In these instances, face to face interviewing may be the only practical method to complete the odour annoyance survey questionnaires within a day or less. Before completing an odour survey, considerable effort is sometimes necessary to consider the prevalent wind directions within the area, define the target survey sub-groups and ascertain the most practical approach for conducting interviews in each case. Note that completing a survey over an extensive area of a community, without the sufficient pre-analysis of appropriate sub-groups will almost certainly result in averaged survey data that is little use. Odour annoyance survey margins of error can be calculated by fitting a generalised linear model with binomial errors to the proportion of respondents using a general statistical package such as Genstat 5 for Windows 5th edition. This allows for a summary of the 95-percentile confidence intervals for the percentage of the population who are at-least annoyed due to all sources and that is attributed to a particular odour annoyance source. (3) Odour Diary Programmes Diary records from members of the public can be very useful to help improve the general understanding of what specific source is causing incidents of odour effect beyond the boundary and under what circumstances. In such cases the aim of the programme is focused towards improving the understanding of the odour sources. This can be important for complex processing sites that have numerous potential sources of odour. It is important that plant operators record the status of plant operations that were associated with the recorded odour incidents and description of the odour to assist in identifying the likely odour source. The second common reason for undertaking an odour diary programme is to allow the extent of odour impacts at a location to be quantified and their environmental significance to be assessed. In this circumstance it is important to focus upon the frequency and duration of odour impacts and the description of the odour. This allows the percentage of time exposed to recognisable odours to be estimated, as well as the weather conditions that typically lead to these events. Generally odour annoyance surveys should be undertaken in preference to odour diary programmes for assessing environmental effects. However, when odour impacts are very infrequent, yet capable of causing significant short-term effects, then an odour diary programme may be more effective than an odour annoyance survey for monitoring the adverse effects upon the community. Page Chapter 3 Air Quality October 2009/June 2011

310 (4) Odour Emissions Measurement & Dispersion Modelling The measurement of odour emissions and subsequent dispersion modelling is a complex process that requires a high level of expertise to undertake successfully. Detailed information on appropriate procedures for sampling odours and olfactometric analysis of odour emissions can be obtained from a report by the Committee European de Normalization, 1995: "Odour concentration measurement by dynamic olfactometry." (Document 064/e, CEN TC264/WG2 odours ), and from the preliminary draft Australian/New standard Air Quality Determination of odour concentration by dynamic olfactometry. For guidance and background information upon dispersion modelling of odour emissions, see: CH2M Beca (November, 1999): Analysis of Options for Odour Evaluation for Industrial and Trade Processes, Report TJF98D14.DOC. Aurora Environmental, (June, 2000): Environmental Standards for Industrial Odour Effects, Report A Copies are available on: Note that the validity of using peak-to-mean ratios for developing modelling criteria for tall stack sources is not recommended unless this approach is validated in the future by appropriate case studies. This is because of the possible extent of conservatism associated with this approach. Instead, the modelling criteria listed within Tables 1 and 2 of these guidelines for existing and new activities are recommended for evaluating odour modelling results. (5) Best Practicable Option (BPO) The BPO is defined by the RMA as the best method for minimising the discharge of contaminants when taking the following into account: (a) the nature of the discharge and receiving environment; (b) the financial implications; and (c) current state of technical knowledge and likelihood that the option will be successful. Implementation of BPO normally requires an air pollution control expert, and/or an individual with industry specific expertise to assess whether or not proposed odour emission control measures represent the use of BPO in any particular instance. Because the RMA s definition of BPO allows for a substantial degree of discretion, experts will not always agree on what represents BPO in a specific circumstance. Furthermore what may be deemed to be BPO for any one activity often changes with time, as technology advances. Not only does the definition of BPO require considerable skill and industry specific experience, the circumstances where Environment Canterbury staff can use this tool requires careful consideration of statutory requirements. Section of the Ministry for the Environment s report: Good Practice Guide for Assessing & Managing Odour in New Zealand, (June 2003, ISBN: ) contains further discussion on the application of BPO under the RMA. October 2009/June 2011 Chapter 3 Air Quality Page 3-297

311 Appendix AQL6 Property spray plan required under Rules AQL71 and AQL72 The following plan or a similar version is required as a minimum as part of condition 6 of Rule AQL71 and condition 6 of Rule AQL72, for the spraying of agrichemicals on a property. The property spray plan can be prepared either by the owner, occupier, or manager of the property, or the applicator. The purpose of a property agrichemical spray plan is to provide information to potentially affected parties. Provision of this information does not imply a right of any party to object to spraying activities occurring legitimately within the subject property boundary. Page Chapter 3 Air Quality October 2009/June 2011

312 Property Spray Plan Date:.. Name Address (postal/physical) Phone/Fax Numbers Property Owner(s)/Occupier(s) Property Manager(s) Registered Chemical Applicators(s) Neighbours Name 1 Address (postal/physical) Phone/Fax Numbers Status Owner/Occupier Roads Adjacent to Property Boundary Roads Used for School Bus Routes Identification of Area to be Sprayed (i.e. N/S/E/W) 2 Size of Area to be Sprayed (in square metres) Target to be Sprayed (e.g. Apples, gorse) 1 At adjoining property boundary as at (date) 2 Of the adjoining properties October 2009/June 2011 Chapter 3 Air Quality Page 3-299

313 Agrichemical to be Used (trade name) and Active Ingredient Agrichemical Classification (1)-(5) Potential Hazard Year/Season Agrichemical Used Page Chapter 3 Air Quality October 2009/June 2011

314 Sensitive Activities/Areas (description and location) 3 Measures to be Used to Avoid Contamination of Sensitive Activities/Areas Factors to be Considered before Spraying (e.g. weather conditions 4 ) Factors That May Increase Spray Hazard Potential 5 3 Sensitive Activities and Sensitive Areas are defined in NRRP Chapter 1 4 Refer to the relevant appendices for: Handing and mixing agrichemicals, Application equipment, Callbration, Drift hazard and weather conditions in the Code of Practice for the Management of Agrichemicals, New Zealand Standard 8409: See the Drift Hazards Guidance Chart October 2009/June 2011 Chapter 3 Air Quality Page 3-301

315 Drift Hazard Guidance Chart Factor Potential Drift Hazard Scale High Low Wind speed Zero/very low (<1 m/s) or greater than 6 m/s Steady (1-3 m/s) Wind direction Unpredictable Predictable, and away from sensitive areas Comment Measurement or estimate using smoke Use smoke to indicate Humidity Low (delta T > 8 o C) High (delta T < 4 o C) Measure using whirling psychrometer Atmospheric stability Inversion layer present Inversion layer not present Maximum height of release Use cold smoke to indicate > 1.5 m above the target < 0.5 m above the target Application technique (see Appendix Y of Agrichemical Users Code of Practice) Particle droplet size < 50 microns diameter > 250 microns diameter (see Appendix Y of Agrichemical Users Code of Practice) Volatility High (vapour pressure > 10 mpa) Low (vapour pressure < 10 mpa) Check label Sensitive activity/area Close (< 100 m away) More than 1 km distant Identify on property spray checklist Buffer zone None Yes (> 100 m) Shelter belts No Shelter Live shelter, > 3 m high and 1 m thick Not for herbicides Toxicity Scheduled agrichemicals Unscheduled agrichemicals Check label Note: In all cases, users should select the least toxic agrichemical that is suitable for the specific application. 1 m/sec = 3.6 km/h; 6 m/sec = 20 km/h (approximately). Page Chapter 3 Air Quality October 2009/June 2011

316 3.9 Air Quality Schedules Schedule AQL1: Regional Ambient Air Quality Targets (RAAQT) As outlined in Objective AQL2, the following five categories have been developed for setting Regional Ambient Air Quality Targets (RAAQT) for the Canterbury Region. They are based on the five categories used by the Ministry for the Environment for the National Ambient Air Quality Guidelines 2002 (NAAQG). Category Measured value Comment Action Exceeds the NAAQG value Exceedences of the NAAQG are a cause for concern and warrant action if they occur on a regular basis. Alert Acceptable Good Between 66% and 100% of the NAAQG value Between 33% and 66% of the NAAQG value Between 10% and 33% of the NAAQG value This is a warning level, which can lead to exceedences if trends are not curbed. This is a broad category, where maximum values might be of concern in some sensitive locations, but are generally at a level that does not warrant dramatic action. Peak measurements in this range are unlikely to affect air quality. Excellent Less than 10% of the NAAQG value Of little concern: if maximum values are less than a tenth of the guideline, average values are likely to be much less. These categories are applied to the primary air pollutants and priority hazardous air pollutants listed in the following two tables. October 2009/June 2011 Chapter 3 Air Quality Page 3-303

317 Primary Air Pollutants Contaminant Carbon monoxide (CO) Suspended Particulate (PM 10 ) * Sulphur Dioxide (SO 2 )*** Nitrogen dioxide (NO 2 ) Ozone (O 3) Hydrogen sulphide (H 2 S) Lead (Pb) - content of PM 10 Regional Ambient Air Quality Targets (RAAQT) -Upper Thresholds Alert Acceptable Good Excellent 30 mg/m 3 * 10 mg/m 3 * 50 µg/m µg/m 20 µg/m µg/m µg/m µg/m 120 µg/m 3 80 µg/m 3 Averaging Period 20 mg/m mg/m 3 3 mg/m 1-hour 7 mg/m 3 3 mg/m 3 1 mg/m 3 8-hour 3 17 µg/m µg/m µg/m 3 40 µg/m 3 No target set No target set 24-hour Annual 35 µg/m 3 12 µg/m 3 1-hour 24-hour 200 µg/m µg/m 3 66 µg/m 3 20 µg/m 1-hour 100 µg/m 3 66 µg/m 3 33 µg/m 3 10 µg/m 3 24-hour 150 µg/m µg/m 3 50 µg/m 3 15 µg/m 1-hour 100 µg/m 3 66 µg/m 3 33 µg/m 3 10 µg/m 3 8-hour 7 µg/m 3 No target set No target set No target set 0.2 µg/m µg/m µg/m µg/m 3 1-hour 3 month moving average, calculated monthly Preferred Techniques of Measurement AS AS TEOM at 40 C US 40 CFR Part 50, Appendix J AS AS AS AS , coupled with a H 2 S to SO 2 converter. US40 CFR Part 50, Appendix J US40 CFR Part 50, Appendix G Notes: No exceedences of these targets are envisaged, except for PM 10 (refer Objective AQL3) µg/m 3 is micrograms per cubic metre mg/m 3 is milligrams per cubic metre TEOM is tapered element oscillating micro-balance technique of monitoring * Where a tapered elemental oscillating microbalance (TEOM ) is used to monitor PM 10 and PM 2.5, another recommended monitoring method should be co-located at the site for at least one year to calculate an appropriate adjustment factor *** The sulphur dioxide values do not apply to sulphur acid mist. Page Chapter 3 Air Quality October 2009/June 2011

318 Priority Hazardous Air Pollutants Contaminant Benzene (year 2002) Benzene (year 2010) Regional Ambient Air Quality Targets (RAAQT) -Upper Thresholds Alert Acceptable Good Excellent Averaging Period 10 μg/m μg/m μg/m 3 1 μg/m 3 Annual 3.6 μg/m μg/m μg/m μg/m 3 Annual 1,3-Butadiene 2.4 μg/m μg/m μg/m μg/m 3 Annual Preferred Techniques of Measurement USEPA method TO- 1, or equivalent Formaldehyde 100 μg/m 3 66 μg/m 3 33 μg/m 3 10 μg/m 3 30 Minutes USEPA method TO- Acetaldehyde 30 μg/m 3 20 μg/m 3 10 μg/m 3 3 μg/m 3 Annual 11A, or equivalent Benzo (a) μg/m μg/m pyrene μg/m 3 μg/m 3 Annual USEPA method TO- 13A Mercury (inorganic) * 0.33 μg/m μg/m μg/m μg/m 3 Annual Mercury (organic) * 0.13 μg/m μg/m μg/m μg/m 3 Annual Chromium VI* μg/m μg/m μg/m μg/m 3 Annual Chromium (other forms) * 0.11 μg/m μg/m μg/m μg/m 3 Annual Arsenic (inorganic)* μg/m μg/m μg/m μg/m 3 Arsenic (arsine) * Annual μg/m μg/m μg/m μg/m 3 Annual PM 10 sampling in accordance with 40 CFR Part 50, Appendix J, followed by analysis using atomic absorption spectroscopy or an equivalent method. For Mercury Method IO-5 (Sampling and Analysis for Vapour and particle Phase Mercury in Ambient Air Utilising Cold Vapour Atomic Fluoresce Spectrometry). Notes: No exceedences of these targets are envisaged µg/m 3 is micrograms per cubic metre mg/m 3 is milligrams per cubic metre * The guideline values for metals are for inhalation exposure only; they do not include exposure from other routes such as ingestion. These other routes should be considered in assessments where appropriate. October 2009/June 2011 Chapter 3 Air Quality Page 3-305

319 Schedule AQL2: Other Hazardous Air Pollutants Chemical Abstracts Service Number Pollutant Acetamide Acetonitrile Acetophenone Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Allyl chloride Aminobiphenyl Aniline o-anisidine Asbestos Benzidine Benzotrichloride Benzyl chloride Biphenyl Bis(2-ethylhexyl)phthalate (DEHP) Bis(chloromethyl)ether Bromoform Calcium cyanamide Caprolactam Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol Chloramben Chlordane Chlorine Chloroacetic acid Chloroacetophenone Chlorobenzene Chlorobenzilate Chloroform Chemical Abstracts Service Number Pollutant Chloromethyl methyl ether Chloroprene Cresol/cresylic acid (mixed isomers) o-cresol m-cresol p-cresol Cumene 2,4-D (2,4- Dichlorophenoxyacetic acid) (including salts and esters) DDE (1,1-dichloro-2,2-bis(pchlorophenyl) ethylene) Diazomethane Dibenzofuran ,2-Dibromo-3- chloropropane Dibutyl phthalate ,4-Dichlorobenzene ,3 -Dichlorobenzidine Dichloroethyl ether (bis[2- chloroethyl]ether ,3-Dichloropropene Dichlorvos Diethanolamine Diethyl sulfate ,3 -Dimethoxybenzidine Dimethylaminoazobenzene N,N-Dimethylaniline ,3 -Dimethylbenzidine Dimethylcarbamoyl chloride N,N-Dimethylformamide ,1-Dimethylhydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitroo-cresol (including salts) ,4-Dinitrophenol Page Chapter 3 Air Quality October 2009/June 2011

320 Chemical Abstracts Service Number Pollutant ,4-Dinitrotoluene ,4-Dioxane (1,4- Diethyleneoxide) ,2-Diphenylhydrazine Epichlorohydrin (1-Chloro- 2,3-epoxypropane) ,2-Epoxybutane Ethyl acrylate Ethylbenzene Ethyl carbamate (urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Dibromoethane) Ethylene dichloride (1,2- Dichloroethane) Ethylene glycol Ethyleneimine (Aziridine) Ethylene oxide Ethylene thiourea Ethylidene dichloride (1,1- Dichloroethane) Heptachlor Hexachlorobenzene Hexachlorobutadiene 1,2,3,4,5,6- Hexachlorocyclohexane (all stereo isomers, including lindane) Hexachlorocyclo-pentadiene Hexachloroethane Hexamethylene diisocyanate Hexamethyl-phosphoramide Hexane Hydrazine Hydrochloric acid (Hydrogen chloride [gas only]) Hydrogen fluoride (Hydrofluoric acid) Hydroquinone Isophorone Chemical Abstracts Service Number Pollutant Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chloroform (1,1,1- Trichloroethane) Methyl ethyl ketone (2- Butanone) Methylhydrazine Methyl iodide (Iodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methacrylate Methyl tert-butyl ether ,4 -Methylenebis (2- chloroaniline) Methylene chloride (Dichloromethane) ,4 -Methylenediphenyl diisocyanate (MDI) ,4 -Methylenedianiline Naphthalene Nitrobenzene Nitrobiphenyl Nitrophenol Nitropropane N-Nitroso-N-methylurea N-Nitrosodimethylamine N-Nitrosomorpholine Parathion Pentachloronitrobenzene (Quintobenzene) Pentachlorophenol Phenol p-phenylenediamine Phosgene October 2009/June 2011 Chapter 3 Air Quality Page 3-307

321 Chemical Abstracts Service Number Pollutant Phosphine Phosphorus Phthalic anhydride Polychlorinated biphenyls (Aroclors) ,3-Propane sultone beta-propiolactone Propionaldehyde Propoxur (Baygon) Propylene dichloride (1,2- Dichloropropane) Propylene oxide ,2-Propylenimine (2- Methylaziridine) Quinoline Quinone (p-benzoquinone) Styrene Styrene oxide ,3,7,8-Tetrachlorodibenzop-dioxin ,1,2,2-Tetrachloroethane Tetrachloroethylene (Perchloroethylene) Titanium tetrachloride Toluene Toluene-2,4-diamine ,4-Toluene diisocyanate o-toluidine Toxophene (Chlorinated camphene) ,2,4-Trichlorobenzene ,1,2-Trichloroethane Trichloroethylene ,4,5-Trichlorophenol ,4,6-Triclorophenol Triethylamine Trifluralin ,2,4-Trimethylpentane Chemical Abstracts Service Number Pollutant Vinyl acetate Vinyl bromide Vinyl chloride Vinylidene chloride (1,1- Dichloroethylene) Xylene (mixed isomers) o-xylene m-xylene p-xylene Chemical Abstracts Service Number Antimony Compounds Pollutant Arsenic Compounds (inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Compounds Cyanide Compounds 1 Glycol ethers² Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibres 3 Nickel Compounds Polycyclic Organic Matter 4 Radionuclides (including radon) 5 Selenium Compounds Page Chapter 3 Air Quality October 2009/June 2011

322 Technical Notes: For all listings above which contain the word Compounds and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e. antimony, arsenic, etc) as part of that chemical s infrastructure X CN where X = H or any other group where a formal dissociation may occur. For example, KCN or Ca(CN) 2 R-(OCH 2 CH 2 )n-or where: n = 1,2 or 3 R = alkyl C7 or less or R = phenyl or alkyl substituted phenyl R = H, or alkyl C7 or less or ester, sulphate, phosphate, nitrate, sulphonate Includes mineral fibre emissions from facilities manufacturing or processing glass, rock, or slag fibres (or other mineral derived fibres) of average diameter 1 micrometre or less. Includes substituted and/or unsubstituted polycyclic aromatic hydrocarbons and aromatic heterocyclic compounds, with two or more fused rings, at least one of which is benzenoid (i.e. containing six carbon atoms and is aromatic) in structure. Polycyclic Organic Matter is a mixture of organic compounds containing one or more of these polycyclic aromatic chemicals. Polycyclic Organic Matter is generally formed or emitted during thermal processes including: (a) incomplete combustion (b) pyrolysis (c) the volatilization, distillation or processing of fossil fuels or bitumens or (d) the distillation or thermal processing of non-fossil fuels. A type of atom which spontaneously undergoes radioactive decay. October 2009/June 2011 Chapter 3 Air Quality Page 3-309

323 Schedule AQL4: Exempt Heritage Buildings Street Address Name Legal Description 181 Barbadoes Street Community of the Sacred Name 80 Bealey Avenue Bishop s House former Deanery 107 Bealey Avenue Country Glen Motel /two storey English Domestic Revival residence 82 Bealey Avenue Eliza s Manor House /former dwelling TS , PT1172, TS 1176 Pt TR 62 2 Lot 1 and Pt Lots 2 and 7 DP1163 Pt TR Bealey Avenue Dwelling Marli Lot 2 Part Lot 1 DP Bridlepath Road Ferrymead Park, for example Currah Cottage All the area zoned Special Purpose (Ferrymead Park) Zone in the Proposed Christchurch City Plan as at 8 May 1999 (which incorporates decisions) 129 Cambridge Terrace Canterbury Club Lot 1 DP Cathedral Square Warners Hotel Pt Lot 1 DP10089 Pt Lot 1 DP7483 Pts 700 and Circuit Street Elizabeth House Lot 3 DP17254 Lot 2 DP Clyde Road Former home of Kate Sheppard Lot 5 Pt Lot 4 DP Fendalton Road Dwelling Daresbury Lot 2 DP19964 Lots 2-3 DP Hackthorne Road Sign of the Takahe Lots 1-17 DP6163 Lots PT A Hansons Lane Dwelling Nydfa Pt Lot 24 DP Ilam Road Former Ilam homestead/university Staff Club Pt RS Kahu Road Riccarton House Lot 1 DP14082, Lot 1 DP Kilmore Street St Luke s Vicarage Lot 2 DP Main North Road Former Belfast Schoolhouse # open fires RS Moorhouse Avenue Crown Hotel Pt RS Oxford Terrace Mainland Club/ Café Roma Lot 1 DP Park Terrace Dwelling Weston House Lot 11 DP Port Hills Road Glenmore House Pt Lot 1 DP Racecourse Road Chokebore Lodge Lot 30 DP # coal burners Page Chapter 3 Air Quality October 2009/June 2011

324 Street Address Name Legal Description 45 Ranfurly Street Single storey brick villa Lot 9 DP Salisbury Street Former dwelling/ Ironside House TS103 2 Savills Road, Harewood Tip Tree cob cottage Lot 1 DP RS Shalamar Drive Old Stone House/ Cracroft Community Centre Lot 1 DP13624 Lot 21 DP Valley Road Ngaio Marsh House Lot 2 DP Whisby Road Wooden Arts and Crafts style dwelling 2 Worcester Boulevard Former Architect s Room/Arts Centre 2 Worcester Boulevard Former Canterbury College Hall/the Great Hall Arts Centre Lot 30 Pt Lot 1 DP TS TS Worcester Boulevard Single storey villa Lot 12 DP Worcester Boulevard Single storey villa Lot 11 DP Worcester Street Christchurch Club Pt TS 759, TS 761, TS 763, TS 764, TS 765 # open fires # coal burners October 2009/June 2011 Chapter 3 Air Quality Page 3-311

325 Schedule AQL4(b) Exemption Heritage Buildings in Rangiora District Plan Site No. Site Address Site Name Legal Description H West Belt Rangiora Ashley Farm Homestead (Private Home) Lot 1 DP H King Street Rangiora Turvey House Lot 3 DP H Kippenberger Avenue Rangiora Belgrove Lot 2 DP Pt Lot also Pt RS 267 H George Street Rangiora Broadgreen Lot 3 DP H Rangiora Woodend Road Brooklands Lot 1 DP H High Street Rangiora Church of St John the Baptist (Anglican) Lot 5 DP H Victoria Street Rangiora Convent Building Lot 2 DP H Edward Street Rangiora Cottage Lot 2 DP H Ivory Street Rangiora Cottage Pt Lot 2 DP H Percival Street Rangiora Courthouse Gaz Sec 2 SO H Strachan Place Rangiora Fleetwood Lot 94 DP H Church Street Rangiora House Pt RS 53 H High Street Rangiora House Lot 3 DP H Ivory Street Rangiora House Flat 1 DP on Lot 2 DP H King Street Rangiora House Lot 2 DP H Seddon Street Rangiora House Lot 1 DP H Seddon Street Rangiora House Lot 1 DP H High Street Rangiora Hunnibell s Shop Lot 1 DP H072 Cnr Victoria & High Streets Rangiora Johnston Buildings 2 storey portion only Lot 2 DP H High Street Rangiora Junction Hotel (former) Pt Lot 3 DP 1569 H Percival Street Rangiora Masonic Lodge Pt RS 226A Page Chapter 3 Air Quality October 2009/June 2011

326 District Plan Site No. Site Address Site Name Legal Description H Ivory Street Rangiora Northern A & P Association Building (former) Lot 2 DP Pt Lot 3 DP 6146 H Percival Street Rangiora Public Library Lots 2-4 DP H078 Cnr Blackett & Good Streets Rangiora Rangiora Bowling Club Pavilion Lots 6 & 7 DP 71 H High Street Rangiora Town Hall Pt RS 53 H Victoria Street Rangiora St Mary & St Francis de Sales Church Lot 2 DP H Rangiora Woodend Road Stratford Grove Rural Sec 1211 H124 2 Blackett Street Rangiora Rangiora Railway Station Lot 8 DP Blk VI Rangiora SD October 2009/June 2011 Chapter 3 Air Quality Page 3-313

327 Schedule AQL4(c) Exemption Heritage Building in Kaiapoi District Plan Site No. Site Address Site Name Legal Description H Williams Street Kaiapoi Bank of New Zealand building and fence Lot 1 DP H Williams Street Kaiapoi Chadwell Lot 1 DP H Charles Street Kaiapoi Riverside Centre Lot 6 DP 919 H015 5 Meadow Street Kaiapoi Cottage Pt RS 320 H Sewell Street Kaiapoi Cottage Pt RS 320 H Sneyd Street Kaiapoi Cottage Pt RS 366 H Sneyd Street Kaiapoi Cottage Pt RS 366 H Williams Street Kaiapoi Cottage Lot 1 DP H Williams Street Kaiapoi Courthouse Museum RS H Beswick Street Kaiapoi House Lot 4 DP H022 7 Meadow Street Kaiapoi House Lot 1 DP H Ranfurly Street Kaiapoi Kaiapoi Woollen Mill (former) Lot 3 DP H Fuller Street Kaiapoi Methodist Church Pt Lot 1 DP H Fuller Street Kaiapoi Methodist Parsonage (former) Pt Lot 1 DP H Sewell Street Kaiapoi Old St Paul s Manse Lot 3 DP 5089 H Charles Street Kaiapoi Kaiapoi Railway Station Lot 15 DP 919 Lot 1 DP H032 23B Cass Street Kaiapoi St Bartholomew s Church Lot 3 DP H Main North Road Kaiapoi The Cream House Lot 2 DP Lot 2 DP Lot 1 DP H Cass Street Kaiapoi Cherryvale Lot 1 DP Page Chapter 3 Air Quality October 2009/June 2011

328 Schedule AQL4(d) Exemption Heritage Buildings in Ashburton District Plan Site No. Site Address Site Name Legal Description 17 Sealy St, Ashburton Church of the Holy Name (Catholic) Havelock St, Ashburton St Andrew s Presbyterian Church Former) Park St & Havelock St, Ashburton St Andrew's Church (Presby.) Lots 1 & 2 DP Lot 1 DP TS Sec 20 of Ashburton Town Lot 1 DP TS 202 Pt203/204 Ashburton Town 20 Sealy St, Ashburton Presbytery (Catholic) Lot 1 DP Ashburton College, 23 Walnut Ave Ashburton Menorlue Pt Lot 125/6 DP Cameron St, Ashburton Former Historical Soc. & Museum Building and Ashburton Technical School Building East St & Tancred St, Ashburton Former ANZ Bank(now AFL Properties Ltd) Lot 1 DP TS 495 Pt TS 478 Ashburton Town Lot 2 DP West St, Ashburton Former Tucker's Building Lot 1 DP West St & Tancred St, Ashburton Federated Farmers Building (former Bank) Pt TS 132 Ashburton Town West St, Ashburton W. Patching Building Lot 1 DP West St & Burnett St, Ashburton Westburn Courts Lot 1 DP West St, Ashburton Peter Cates Grain Store TS 193 Pt TS 194 Ashburton Town West St, Ashburton Canty Roller Mill concrete store West St, Ashburton Canterbury Roller Flour Mill (orig bldg) Lot 2 DP Lot 2 DP West St, Ashburton Canty Roller Flour Mill (Ashfords Mill House) 36 Cnr Cass & Burnett St, Ashburton Former Westpac Bank TS 181 Lot 1 DP Pt Lot 1 DP East St, Ashburton Former Ashburton Railway Station Lot 1 DP Victoria St, Ashburton Plunket Rooms Lot 2 DP Havelock St, Ashburton Old Engineers Office (ACC) Pt TS Bridge St, Ashburton House Lot 1 DP Walnut Ave, Ashburton Former H.D Acland House Lot 4 DP with interest in ROW October 2009/June 2011 Chapter 3 Air Quality Page 3-315

329 District Plan Site No. Site Address Site Name Legal Description Philip St, Ashburton House Town Sec 1003 Ashburton Town Short St, Ashburton House Lot 3 DP Ashburton Cemetery Sexton s Hut Res 2283.Pt Res House 22 Aitken St, Ashburton TS 565 CT 27A/ Former House of Dr McBean Stewart 4 Beach Rd, Ashburton Lot 3 DP House Buckleys Terrace, Ashburton Lot 23 DP Arcade Building Burnett/Tancred Streets, Ashburton Lots 10/11 DP Former House (now offices) 73 Burnett St, Ashburton Lot 2 DP Residence/ Offices Burnett St, Ashburton TS 146 Pts 136/137 & Former Anglican. Vicarage 86 Burnett St, Ashburton Lot 1 DP Cox St (former Malvern Home) Cnr William & Cox Streets, Ashburton TS Cottage 54 Eton St, Ashburton Lot 1 DP House 42 Havelock St, Ashburton Lot 1 DP Dr Baker's House 60 Peter St, Ashburton Pt TS House 34 Short St, Ashburton Lot 1 DP CT 481/ House 44 Short St, Ashburton Lot 2 DP CT 6B/ House 113 Walnut Ave, Ashburton Lot 9 DP CT 3A/ House 117 Walnut Ave, Ashburton Lot 10 DP House 172 Walnut Ave, Ashburton TS House 4 Wilkin St, Tinwald Lots DP House 69 Walnut Ave, Ashburton Lot 2 DP Brigadoon 22 Carters Terrace, Ashburton Lot 2 DP CT 18A/ Bleak House Cross St, Ashburton Lot 5 DP House 7 Rapley St, Ashburton Lot 5 DP 1995 Page Chapter 3 Air Quality October 2009/June 2011

330 District Plan Site No. Site Address Site Name Legal Description 123 Former Dr Trevor s House 32 Trevors Rd, Ashburton Lot 1 DP House 57 Harrison St, Ashburton Lot 59 DP Court House 122 Cameron St (Baring Square West), Ashburton 126 Old Glassworks Cnr Bremners/Glassworks Rd, Ashburton 128 Coldstream Stables Ealing Coldstream Rd RD 3, Ashburton TS 224 & 225 Lot 1 DP 9084 Lot 1 DP Lots Pt 2 DP 8841 Blk I IV Coldstream SD October 2009/June 2011 Chapter 3 Air Quality Page 3-317

331 Schedule AQL5: Minimum chimney heights for permitted large scale fuel burning devices in Rules AQL23 and AQL24 Minimum chimney heights for diesel and kerosene fuel burning devices permitted by Rule AQL23 are as listed in the following table. Maximum Net Heat Output (kw) Minimum Chimney Height (metres above ground level) Notes: 1 Only applies where the ridgeline of any building, land or other substantial structure within 50 metres of the stack is less than 0.4 times the stack height, as per condition 2 of Rule AQL24. Minimum chimney heights for solid fuel and light fuel oil burning devices permitted by Rule AQL24 are as listed in the following table. Maximum Sulphur Dioxide Emission Rate (kg/hr) 1 Minimum Chimney Height (metres above ground level) - (wood fuel) Page Chapter 3 Air Quality October 2009/June 2011

332 Notes: 1 Calculated according to the equations listed below. 2 Only applies where the ridgeline of any building, land or other substantial structure within 50 metres of the stack is less than 0.4 times the stack height, as per condition 2 of Rule AQL24. Sulphur Dioxide Emission Rate Calculations Coal Max. SO 2 emission rate (kg/hr) = max. coal use (kg/hr) 1 x max. % sulphur content (by wt.) x Light Fuel Oil Max. SO 2 emission rate (kg/hr) = max. oil use (kg/hr) 1 x max. % sulphur content (by wt.) x Note: 1 calculated according to the fuel use equations listed below. Maximum Fuel Use Calculations Coal Max. coal use (kg/hr) = max. energy output (kw) x (efficiency) x gross calorific value (MJ/kg) 1 Note: 1 Determined from the most recent publication of the Coal Research Analysis of New Zealand Industrial Coals. Light Fuel Oil Max. oil use (kg/hr) = max. energy output (kw) x (efficiency) x 43 MJ/kg (gross calorific value) October 2009/June 2011 Chapter 3 Air Quality Page 3-319

333 Schedule AQL6: Particulate emission measurement requirement in Rules AQL18, AQL19, AQL20, AQL21, AQL24 and AQL26 Measurement of particulate matter emissions from large scale solid fuel burning devices, under Rules AQL18, AQL19, AQL20, AQL21, AQL24 and AQL26, shall be according to the following requirements. Measurement Requirements The concentration of total suspended particulate in the exhaust gas stream shall be measured by a person competent in stack emissions testing. Measurement shall occur when all fuel burning equipment is operating at greater than 50 percent of the maximum continuous rating. The method of sampling and analysis shall comply with ISO 9096:1992(E), and may include methods BS 6069: 1992, ASTM D3685M- 98, AS , US EPA Method 5, US EPA Method 17 or a current equivalent method that complies with the fundamental sampling requirements of ISO 9096:1992(E). Results shall be adjusted to 0 degrees Celsius, kilopascals, and 12% carbon dioxide on a dry gas basis. For the purpose of this adjustment, the concentration of carbon dioxide shall be analysed using suitably calibrated equipment. The results shall include a description of the method used, the rate of appliance fuel consumption during testing and any assumptions made. Page Chapter 3 Air Quality October 2009/June 2011

334 Schedule AQL7: Port Lyttelton October 2009/June 2011 Chapter 3 Air Quality Page 3-321

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