Emissions from industry
The Protection of the Environment Operations Act 1997 is the key piece of environment protection legislation administered by the Environment Protection Authority (EPA), which is part of the Department of Environment and Conservation (DEC).
The POEO Act establishes a system of environment protection licensing for 'scheduled' activities with the potential to have a significant impact on the environment. Schedule 1 of the Act lists these scheduled activities, which are licensed by the EPA. Most 'non-scheduled' activities are regulated by local councils and other local authorities.
Part 5.4 (sections 124–135) of the POEO Act deals specifically with air pollution. This includes the general obligation that the occupiers of non-residential premises do not cause air pollution by failing to operate or maintain plant, carry out work or deal with materials in a proper and efficient manner (sections 124–126).
Emission standards
Section 128 of the POEO Act requires occupiers of non-residential premises to comply with any air emission standards prescribed by regulations. These standards are contained in Part 4 of the Protection of the Environment Operations (Clean Air) Regulation. The standards are in-stack emission limits and are the maximum emissions permissible for an industrial source anywhere in NSW. Even where the Regulation does not prescribe standards for a particular air impurity, occupiers must still take all practicable means to prevent or minimise air pollution. See Frequently asked questions - Part 4 of the Protection of the Environment Operations (Clean Air) Regulation 2002: Emission of air impurities from activities and plant.
The emission limits in Part 4 of the Regulation do not take into account site-specific features such as meteorology and background air quality, and therefore do not necessarily protect against adverse air quality impacts in the areas surrounding the premises. These site-specific features are accounted for in an air quality impact assessment.
FAQ
For a detailed guide see Frequently asked questions - Part 4 of the Protection of the Environment Operations (Clean Air) Regulation 2002: Emission of air impurities from activities and plant.
Air quality impact assessment
The purpose of an air quality impact assessment is to demonstrate acceptable impacts at the sensitive receptors surrounding the premises. Approved methods for the modelling and assessment of air pollutants in NSW specifies the methods required by statute to be used to model and assess emissions of air pollutants from stationary sources in NSW.
Non-standard fuels
Additional factors must be considered when preparing an air quality impact assessment for a proposal to use non-standard fuels. DEC recognises that the use of non-standard fuels can benefit the environment and the community, for example by reducing greenhouse gas emissions that would otherwise be generated from standard fuels such as coal, reducing reliance on non-renewable and virgin fuels and offering a value-adding opportunity for materials that may otherwise be sent to landfill. However, burning some materials may also have adverse environmental impacts.
The guidance note: Assessment of non-standard fuels (nonstandardfuel05149.pdf, 36 kb, requires Acrobat Reader) explains how DEC assesses applications for the use of non-standard fuels. The key aim of this document is to encourage the beneficial use of non-standard fuels while ensuring that there are no unacceptable impacts to human health or the environment.
Approved methods for modelling and sampling
Approved methods for the modelling and assessment of air pollutants in NSW specifies the methods required by statute to be used to model and assess emissions of air pollutants from stationary sources in NSW.
The methods required by statute to be used to measure emissions of air pollutants from stationary sources in NSW are specified in the Approved methods for the sampling and analysis of air pollutants in NSW.