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 Office of Environment and Heritage (OEH) in the NSW Department of Premier and Cabinet.
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 5 of the Protection of the Environment Operations (Clean Air) Regulation 2010. 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.
The emission limits in Part 5 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.
Frequently asked questions
For a detailed guide, see Frequently asked questions - Part 5 of the Protection of the Environment Operations (Clean Air) Regulation 2010: Air impurities from emitted 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.
Additional factors must be considered when preparing an air quality impact assessment for a proposal to use non-standard fuels. OEH 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) explains how OEH 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 on 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.
Interim NOx Policy for Cogeneration in Sydney and the Illawarra
Gas-fired cogeneration can be one of the most greenhouse friendly forms of electricity generation using fossil fuels. However, cogeneration has the potential to adversely affect local and regional air quality as it can emit significant amounts of oxides of nitrogen (NOx). The Interim NOx Policy for Cogeneration in Sydney and the Illawarra (inp09124.pdf; 3.1 MB) sets out how OEH is dealing with emissions from cogeneration proposals.
Page last updated: 09 June 2011
