This note is not part of the regulations, but is intended to indicate their general effect.
These regulations rename the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004 as the Resource Management (National Environmental Standards for Air Quality) Regulations 2004 and amend those regulations (the principal regulations) in the following ways.
A number of regulations are amended to refer to an activity being “expressly allowed” (instead of “permitted”) by a resource consent. This aligns with the wording of the Act and avoids any confusion with permitted activities.
A new regulation 13 replaces the current regulation. The new regulation describes ambient air quality standards, and breaches of those standards, in a way that is consistent with the other amendments in these regulations.
A new regulation 16A is inserted. The new regulation lets the Minister decide that an exceedance in an airshed must be ignored in determining whether the ambient air quality standard for the relevant contaminant has been breached (for most purposes). The Minister may make the decision only if he or she is satisfied that the exceedance was caused by exceptional circumstances beyond the reasonable control of the relevant regional council.
A new regulation 16B is inserted. Subclause (3) of the new regulation applies to an airshed from a certain date only if there is meaningful PM10 data for the airshed at that date. Subclause (3) potentially allows additional exceedances of the threshold concentration of PM10 in an airshed, first, in the period from 1 September 2011 to 31 August 2016 and, secondly, in the period from 1 September 2016 to 31 August 2020. The PM10 standard is treated as if it were not breached in the airshed (for some purposes) despite the additional exceedances.
A new regulation 16C is inserted. The new regulation specifies what is required for an airshed to have meaningful PM10 data under other provisions.
A new regulation 16D is inserted. The new regulation specifies how to calculate an airshed's average exceedances of PM10 per year for use in other provisions.
Regulations 17 to 19 are revoked. Those regulations restricted the granting of resource consents to discharge PM10 into an airshed. They are replaced by a new regulation 17. The new regulation imposes different restrictions on the granting of such resource consents. The restrictions apply if the discharge to be expressly allowed by a proposed consent would be likely to increase the concentration of PM10 by a certain level in a polluted airshed. The regulation specifies when an airshed becomes, or stops being, a polluted airshed, which can happen only on and from 1 September 2012. There are exceptions to the restrictions that allow an existing resource consent to be replaced or a new resource consent to be granted in return for the applicant reducing (or offsetting) PM10 discharges elsewhere.
Regulations 23 and 24 are amended so that the discharges from a woodburner can be measured, or the thermal efficiency of a woodburner can be calculated, using another method if the specified method excludes the woodburner.
A new regulation 24A is inserted. The new regulation requires a regional council to give public notice the first time the PM10 standard is breached in an airshed in its region on or after 1 September 2011. In accordance with the notice, it is effectively prohibited to use a domestic solid-fuel burning open fire installed in the airshed 12 months after the day of the breach or later.
A new regulation 28 is inserted. The new regulation clarifies that a rule, resource consent, or bylaw that is more stringent than the principal regulations prevails over those regulations.
Schedule 1 is amended by replacing the third column of the table for consistency with new regulation 13.
Schedule 2 is amended by adding or updating methods by which PM10 or sulphur dioxide may be monitored in an airshed.
These regulations come into force on 1 June 2011.