New South Wales Consolidated Regulations

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2002

- Made under the Protection of the Environment Operations Act 1997
- As at 13 November 2009
- Reg 642 of 2002

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - DOMESTIC SOLID FUEL HEATERS

   4.      Interpretation and application of Part
   5.      Requirement for certificates of compliance
   6.      Interference with heaters

   PART 2A - CONTROL OF BURNING

           Division 1 - Preliminary

   6A.     Definitions
   6B.     Application of Part

           Division 2 - Control of burning generally

   6C.     General obligation to prevent or minimise air pollution
   6D.     Prohibition on burning certain articles

           Division 3 - Control of burning in local government areas

   6E.     Offences
   6F.     Exceptions
   6G.     Approval for certain fires or incinerators

   PART 3 - MOTOR VEHICLES AND MOTOR VEHICLE FUELS

           Division 1 - Interpretation

   7.      Definitions

           Division 2 - Air impurities

   8.      Definition of excessive air impurities: section 154
   9.      Motor vehicles emitting excessive air impurities

           Division 3 - Prescribed anti-pollution devices

   10.     Prescribed anti-pollution devices: section 154
   11.     Fitting of certain anti-pollution devices to be compulsory: sections 156 and 161 and clause 15
   12.     Automatic exemption of certain vehicles from clause 11
   13.     EPA may exempt rural table-top trucks from clause 11

           Division 4 - Use and maintenance of motor vehicles

   14.     Maintenance of vehicles: section 159 and clause 16
   15.     Use of motor vehicle without prescribed anti-pollution device prohibited
   16.     Maintenance, service and adjustment of motor vehicles
   17.     Removal or adjustment of anti-pollution devices
   18.     Notices to repair motor vehicles: section 161

           Division 5 - Transfer of petrol

   19.     Transfer of petrol into fuel tanks of motor vehicles

           Division 6 - Reporting and record keeping relating to benzene content of petrol

   19A.    Definition
   19B.    Records relating to benzene content of petrol
   19C.    Reporting of benzene content of petrol

           Division 7 - Petrol volatility

   19D.    Definitions
   19E.    Monthly volumetric average vapour pressure
   19F.    Vapour pressure of petrol
   19G.    Record keeping
   19H.    Reporting

   PART 4 - EMISSION OF AIR IMPURITIES FROM ACTIVITIES AND PLANT

           Division 1 - Preliminary

   20.     Definitions

           Division 2 - Standards of concentration for scheduled premises

   21.     General grouping of activities and plant
   22.     Effect on grouping of alteration or replacement of emission units
   23.     Phasing out of Group 1
   24.     Phasing out of Group 2
   25.     Alternative standards of concentration imposed by licence conditions
   26.     Determination of application for variation of licence
   27.     Prescribed standards of concentration for air impurities
   28.     Procedures for determining whether prescribed standards of concentration have been exceeded
   29.     Test methods and toxic equivalence factors for dioxins and furans
   30.     Meaning of “approved circumstances” in relation to smoke emissions
   31.     EPA may approve alternative restrictions on hydrogen sulfide emissions

           Division 3 - Standards of concentration for non-scheduled premises

   32.     Grouping of activities and plant
   33.     Prescribed standards of concentration for air impurities
   34.     Procedures for determining whether prescribed standards of concentration have been exceeded
   35.     Meaning of “approved circumstances” in relation to smoke emissions

           Division 4 - Additional provisions for Group 6 afterburners, flares and vapour recovery units etc

   36.     Application of Division
   37.     Offence
   38.     Residence time
   39.     Combustion temperature
   40.     Destruction efficiency
   41.     Flares

           Division 5 - Miscellaneous

   42.     Emission points
   43.     Combination of air impurities from 2 or more sources
   44.     Prescribed standards of concentration not to affect other controls
   45.     Exemptions from prescribed standards of concentration
   46.     Exemption from prescribed standards of concentration for the emission of smoke

   PART 5 - CONTROL OF VOLATILE ORGANIC LIQUIDS

           Division 1 - Preliminary

   47.     Definitions

           Division 2 - Requirements to fit prescribed control equipment

   48.     Equipment and plant to be fitted with prescribed control equipment
   49.     Exemptions from requirement for prescribed control equipment

           Division 3 - Prescribed control equipment for storage tanks and loading plants

   49A.    Application
   50.     Prescribed control equipment for large storage tanks
   51.     Prescribed control equipment for large loading plant
   52.     Prescribed control equipment for small storage tanks

           Division 4 - Prescribed control equipment for tank vehicles

   53.     Prescribed control equipment for large tank vehicles
   54.     Loading and unloading large tank vehicles

           Division 5 - Prescribed control equipment for petrol service stations

              Subdivision 1 - Stage one vapour recovery

   54A.    Stage one vapour recovery prescribed control equipment for storage tanks situated on petrol service stations
   54B.    Stage one vapour recovery specifications regarding covers
   54C.    Stage one vapour recovery specifications regarding periodic testing

              Subdivision 2 - Stage two vapour recovery

   54D.    Stage two vapour recovery prescribed control equipment for petrol dispensers situated on petrol service stations
   54E.    Stage two vapour recovery specifications regarding testing
   54F.    Stage two vapour recovery specifications regarding monitoring

              Subdivision 3 - Miscellaneous

   54G.    Reporting to EPA
   54H.    Compliance notification
   54I.    Log books
   54J.    Exemptions from stage two vapour recovery requirements

   PART 6 - LIMITS ON SULFUR CONTENT OF LIQUID FUEL

   55.     Limits on sulfur content of liquid fuel

   PART 7 - MISCELLANEOUS

   56.     Savings relating to domestic solid fuel heaters
   57.     Savings relating to motor vehicles and motor vehicle fuels
   58.     Savings relating to repealed Regulation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8