Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698071276027.pdf (Guyana)
r 230 THE OFFICIAL GAZElTE [LEGAL SUPPLEMFNT)- B 13TH DECEMBER.

2000 GUYANA No.

9 of2000 REGULATIONS MADE UNDER ENVIRONMENTAL PROTECTION AC'T 1996 (No.

11of1996) ARRANGEMENT OF RE<;ULATIONS REGULATION I. Citation.

2. lnterpre1a1ion.

PART I PRELl~ll"IARY PART II POWER TO ISSllF ENVIRONMENTAL AUTHORISATION J. Rc!g.is1ra1ion .

4.

General requirement to apply for an authorisation 5.

Restriclions on air contaminants.

6.

Change in operating conditions 7.

Application for variance.


PART III PARAMETER LIMITS AND CONTROL OF AIR CONTAMINANT 8.

Parameter limits for stationary sources.

9.

Agency may waive applicability.

10.

Na1ional ambient air quality standards.

I I.

Measuring instruments.

12.

Control of air emissions IJ.

Offence to bum.

14.

Management of air contaminants.

PART IV FEES 15.

Fees payabie for registration etc.

• .. • • .

J 13TH DECEMBER, 2000 THE OFFICIAL GAZETTE {LEGAL SUPPLEMENT] - B 231 PARTY NEW SOURCES OF AIR EMISSION 16.
Prohibition against new and altered sources of emissions.

17.Requirement and approval of plans.

PARTVl MOBILE SOURCE EMISSIONS CONTROL 18.

Restrictions on sale of new and used imported vehicles.

19.

Emissions from vehicles generally.

20.

Coordination.

PART VII OFFENCES ANO PENALTIES 21 .

Prohibition against construction etc.

22.

Offence to store.

23 .

Offence and penalty.

PART VIII GENERAL PROVISIONS 24.

Air Pollution Monitoring Index.


FIRST SCHEDULE - List of Contaminants the Parameter Limits of which are to be specified.

SECOND SCHEDULE -Standard Methods of Analysis of Emissions.

232 THE OFFICIAL GAZEITE (LEGAL SUPPLEMENT] B 13rn DECEMBER.1000 IN EXERCISE OF THE POWERS CONFERRED UPON ME B\ SECTION 68 (I) OF THE ENVIRONMENTAL PROTECTION ACT 1996.

I HEREBY \1AKF THE FOLLOWING REGULATIONS: - ' PART I PRELIMINARY Citation .

I.
I.

These Regulations may be cited as the Environmental Protection (Air Quality) Regulations 2000.

2.

In these Regulations.
unless the context otherwise requires - Interpretation (a) "activity'' means any of the activities mentioned m regulation 4( I); (b) "ambient air quality standards·· means those limits that define the allowable concentration of a particular contaminant in a given ar~a : (c) "air pollution episode" means an occasion when air contamination is at such a level and for such period of time that the air contamination may pose a danger to human health ; (d) "air pollution index" means a series of numbers expressing the relative levels of air pollution and taking into consideration one or more air contaminants; (e) "applicant" means a person who applies for an environmental authorisation for the purposes of these Regulations and includes a person appointed under a duly registered power of attorney; (f) "application'' means an application for an environmental authorisation made in accordance with these Regulations, (g) " commerce" means of or pertaining to business, trade or manufacture: (h) "compliance schedule'' means a schedule of measures including a sequence of interim requirements that leads to compliance with these Regulations; (i) "emission" means air contaminant; U) "equipment" includes apparatus, device, mechanism or structure; (k) "existing industries" means any industry pertaining to the manufacture, processing, handling, transport, storage or disposal of materials (including rav.
materials.

materials in the process of manufacture, manufactured materials, by products and waste materials) that entered into operation before the commencement of these· Regulations : (I) "facility" includes - 13TH DECEMBER.
2000 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 233 (i) (ii) (iii) (iv) any office, room or building, and any place, spot or land, whether open or enclosed; any aircraft, hovercraft, ship, boat, pleasure craft or other vessel whether afloat or not, and any vehicle; any electrical installation, subterranean installation or installation on land including the foreshore and other land intermittently covered by water; any offshore installation and any other installation, whether floating or resting on the seabed or the subsoil thereof or resting on other land covered with water or the subsoil thereof; and (v) any dam or other installation designed to hold liquid or store it on a long-term basis; (m) "fuel- burning equipment" includes equipment designed to bum fuel but does not include an internal combustion engine; (n) "incinerator" includes equipment used for the burning of waste; (o) "industry" includes premises wholly or mainly used (whether for profit or not) for agricultural purposes or for scientific research or experiment which may entail an air pollutant being emitted into the atmosphere; (p) "installation" means the aggregate of all electrical generating plants owned and managed at any one site and includes the developed property, waste disposal sites, waste water treatment facilities or other facilities associated with it; (q) "mobile sources'' means any source of air pollution other than stationary sources, including but not limited to motor vehicles, off-road vehicles, marine vessels and aircraft; (r)
 "new" in relation to a motor vehicle, means a motor vehicle that has not been previously used; (s) "opacity" means, (i) colour of a visible emission in shades of grey to black, or (ii) degree to which a visible emission obstructs the passage of light; (t) "point of emission" means the point at which a contaminant enters the natural environment; (u) "visible emission" means any contaminant which can be detected by the naked eye; ' Registration (icncral rcqu1rcmcn1 to appl: for an au!lmn1at1on ~3..J THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - 8 13 TH DECEMBER.
2000 (v) .. source" means any public.

institutional.

commercial or industrial strucrure.

installation.

plant.

building or facility.

that emits or has the potential to emit any regulated air pollutant from any process; (w) ''stationary source" means any source of air pollution that is produced by a fixed or stationary location.

including but not limited to electrical installations.

PART JI POWER TO ISSUE ENVIRONMENTAL AUTHORISATION 3.
Subject to regulation 5(2), any person who emits air contaminants shall register with the Agency.

4.

(I) Subject to paragraph (3 ).

a person who.

at the commencement of these Regulations.

emits any air contaminant in the construction , installation.
operation, modification or extension of any facility relating to - (a) industry; (b) commerce; (c) agriculture; or (d) any institution, ~hall apply to the Agency for an environmental authorisation within one year of the commencement of these Regulations or such later time as the Agency may detcnnine.

(2) Any person proposing to engage in any of the activities mentioned in paragraph (I) shall submit an application to the Agency at least ninety days before the date on which the emission is due to commence.
(3) The Agency may at any time request a person who engages in any of the activities specified in paragraph ( 1) to submit an application to the Agency for an environmental authorisation.

( 4) An application for an environmental authorisation ~hall be in accordance with the procedure~ set out in regulation 18 of the En\'ironmental (Authorisations) Regulations, 2000.
(5) Any person who contravenes this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine of not less than seventy-five thousand dollars nor more than five hundred thousand dollars and to imprisonment for six months Restrictions on air contaminants.

5.
5.

(I) No person who engages in any of the activities specified in regulation 4(1) shall or cause or pennit the emission of any air contaminant into the atmosphere emit unless that person holds an environmental authorisation.

>- , 13TH DECEMBER.

2000 THE OFFICIAL GAZEITE (LEGAL SUPPLEMENT) - B 235 (2) Paragraph (I) shall not apply to stationary sources that are households that do not contain industrial or commercial facilities.

Charge on operating conditions.

6.
( 1) Where at any stationary source a failure to operate in the normal manner or a change in operating conditions occurs, or a shut-down of the source or part thereof is made for some purpose, resulting in the emission of air contaminants that may result in quantities or concentrations in excess of those allowed in regulation 8, the owner or operator of the source of air contamination shall- (a) immediately notify the Agency and furnish it with particulars of such failure, change or shut-down; and (b) furnish the Agency with the particulars in writing, as soon as is practicable, of such failure, change or shutdown.
(2) If the Agency considers it advisable.

it may authorise.

in writing, the continuance of such operation for such period of time as it considers reasonable in the circumstances and may impose upon the owner or operator such tem1s and conditions for such continued operation as it considers necessary in the circumstances.

Application for variance.

7.


A person granted with an environmental authorisation may make an application to the Agency to vary any provision thereof on submission of supporting particulars in accordance with the provisions of regulation 21 of the Environmental Protection (Authorisations) Regulations 2000.

PARAMETER LIMITS AND CONTROL OF CONTAMINANTS PART 111 Parameter limits for stationary sources.

First Schedule.

8.
First Schedule.

8.

(I) The Agency shall, at any time after the commencement of these Regulations, establish the parameter limits with respect to any of the contaminants specified in the First Schedule.

(2) No new stationary source or facility shall emit any contaminant in concentrations greater than those established as parameter limits under paragraph (I).
(3) The Agency shall, on a case-by-case basis fix, in accordance with compliance schedule the date and the manner in which every existing stationary source shall comply with the parameter limits for each contaminant established under paragraph (I).

(4) The Agency in imposing conditions on an environmental authorisation for an existing stationary source shall be guided by the parameter limits established under paragraph (I).
(5) The Agency may amend the parameter limits established under paragraph (1), with respect to any of the contaminants.

(6) Any person who contravenes paragraphs (2) or (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of not less than seventy-five thousand dollars nor more than five hundred thousand dollars and to imprisonment for six months.

236 THE OFFICIAL GAZETTE [LEGAi SUPPLEMENT] - B 13 TH DECEMBER.

2000 Agency may waive applicabiht~ .


National ambient air quality ~tandards 9.

Notwithstanding the provisions of Regulation 8. the Agency may in respect of any stationary source waive the applicability of any parameter limit or of any contaminant mentioned m the First Schedule.

I 0.

(I} The Agency shall establish the desirable national ambient air quality standards (2) In exercising its powers under these Regulations.
the Agency may take into account the national ambient air quality standards specified under paragraph (I).

(J) The Agency may vary the established national ambient air quality !>tandards with respect to any parameter limit or of any air contaminant.

Measuring mstrumcnts I I.

(I) The Agency may use measuring instrument-; for the purpose of assessing the air quality.

(2) Measuring instruments shall, for the purpose of these Regulations.
include- (a) any apparatus for separating air impurity from the gas or liquid medium in which it is carried; (b) any device to indicate or record air pollution or gi..,e warning of excessive air pollution: and (c) any other device used for the purposes of measuring air pollution.

Control of air emissions 12.

(1} No person shall emit or cause to be emitted.

the concentration of a contaminant at a point of emission exceeding those established as parameter limits under regulation 8.

<;econd schedule.
<;econd schedule.

Ofknce to burn.

(2) For the purposes of these Regulations.

emissions shall be analysed in accordance with the latest edition of the methods specified in the Second Schedule or in accordance with such other methods of analysis as the agency thinks tit.

13.

(I) No person shall bum or permit to be burned in any fuel burning equipment or incinerator any fuel or waste except the fuel or waste for the bumin~ of which the equipment or incinerator was designed.
(2) No person shall bum or permit to be burned in any fuel burning equipment or incinerator any fuel or waste at a greater rate than the rate for which the equipment or incinerator was designed.

Management of air contaminants.

14.

(I) Within six months after the commencement of these Regulations, every stationary !>Ource shall submit an inventory of the air contaminants that are produced in during its operations to the Agency.
(2) The Agency shall develop and implement a programme for the management of such contaminants which shall include the identification and registration of significant sources of air contaminants into the environment.

13TH DECEMBER, 2000 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 237 PART IV FEES Fees payable for registration, etc.

15.

The fees to be charged for an application - (i) for registration; (ii) for variance; • ..

Prohibition against new and altered sources of air emissions.
(iii) for written authorisation for changed conditions; and (iv) to carry out works in the construction or alteration of any building, shall be those specified in regulation 9 of the Environmental Protection (Authorisations) Regulations 2000 .

PARTV NEW SOURCES OF AIR EMISSJONS 16.


(I) No person obtaining a variance under regulation 7 from the Agency shall - (a) carry out any work on any premises that may result in a new source of air emission or cause a material change in the quantity or quality of the emission from an existing source; (b) construct on any land, building, erection or alteration designed or used for a purpose that may cause the land or building to result in a new source of air emission.
(2) Paragraph (1) shall not apply to - i. routine maintenance carried out on any plant, structure, equipment, apparatus, mechanism or thing; or ii.

any plant, structure, equipment, apparatus, mechanism or thing that may be a source of contaminant of a class exempted there from by these Regulations.
(3) Any person who contravenes paragraph ( l) shall be guilty of an offence and shall be liable, on summary conviction to a fine of not less than sixty thousand dollars nor more than one hundred and fifty thousand dollars.

Requirement and approval of plans.

17.


( 1) Where a person intends to undertake any activity within the meaning of regulation 16 he shall make application to the Agency therefor together with the fee prescribed in regulation 8 of the Environmental Protection (Authorisations) Regulations 2000.
(2) The Agency may grant such application either subject to any condition that the Agency considers necessary and may require the applicant - (a) to repair, alter, replace or install emission control equipment; ~38 Tl I[ OFFICIAL liAZETTE (Ll:GAL SUPPLEMENT] - B 13TH DECEMBER.
2000 (b) to conduct a sampling anc..l monitoring programme at the applicant's own expense or bear the cost of such programme with in such period or at such time and in such m.mner as the Agency ma\ specify; or (c) to do all other acts or things that the Agency considers necessary.

PART VI MOUILE ~OURCF f\11~SIONS CONTROL Rc~tnction!> on sale: on nt:\\ anLI used 1111poncJ \Chide!>.

18.

( l) Within three years after the commencement of these Regulations or ~uch other time as the Agency ma) c..letennine.
no person shall mal-e a\'ailable for sale in Guyana any new or used imported vehicle unless ~uch vehicle meets or betters the exhaust emission ~tanc..lanis established by the Agen1:y and is equipped with a full) functioning emissions control system or sonH' 1>ther diagnostic technollig.y for monitoring exhau~t em1ss1ons.

Cap.

51 :0:!.
Cap.

51 :0:!.

(2) The requirements of paragraph (I) are in addition tu the requirement-; that may be imposed under the lifotor 1 'ehicles and Road Ji-aUic Ae1 and nothing in these Regulations relieves a person from the requirements of that Act.

(3) Any pcrnm \\ho contravenes paragraph t I) shall be guilt~ of an offence and sh;:ill be liable.

on summary conviction to a tine of not less than seventy-five thousand dollars nor more than five hundred thousand dollars and to imprisonment fr•r six months.
Emi~sions from 'dnclc:s generally.

19.

(I) Within three years after the commcnc~mcnt of these Regulations or such orhcr time as the Agenc: ma) detennine, the Agency shall establish exhaust enmsmn stand;:irds and every molor vehicle shall comply with such standards (2) The provisions of paragraph (I) shall not apply to a motorcycle.

Co11rJmation 20.

For the purposes of regulations 18 anc..l 19 the Agency ~hall wordinate with the Ministry responsible for issuing fitness certificates for motor vehicles.
PART VII OFFENCES AND PENALTIES Prohihition again~!

i.:onstruction.

etc 21.

No person shall construct, alter, demolish, drill.

blast, crush, ~andbla~t or screen anything or cause or permit the construction.

alteration, demolition.

drilling, blasting.

crushing, sandblasting or screening of anything so that a contaminant other than heat.

sound,\ ibration or radiation greater than the ambient air quality standards is emitted into the air.

Offence: to store 22.


No person shall store, handle or transport any solid, liquid or gaseous material or substance in such manner that an air contaminant is released into the atmosphere.

13TH DECEMBER, 2000 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 239 Offence and penalty.

23.
23.

Where a person commits an offence under these Regulations in respect of which a penalty is not prescribed, any person who commits such offence shall be liable, on summary conviction to a fine of not less than thirty thousand dollars nor more than eighty thousand dollars.

PART VIII GENERAL PROVISIONS Air Pollution Monitoring Index.

24.
24.

(I) The Agency may as soon as practicable after the commencement of these Regulations cause to be prepared from time to time an index to be known as the Air Pollution Monitoring Index for any area in Guyana.
(2) Where the Air Pollution Monitoring Index for any area indicates increasing air pollution that may lead to an air pollution episode, the Agency, in consultation with the Ministry responsible for health, may order curtailment of the operation of sources of air pollution in the manner mentioned in paragraphs (3) and (4).
(3) Where the Air Pollution Monitoring Index reaches the number in excess of the designated Air Advisory Level, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Agency may require owners or operators of sources of air pollution to make preparation for the curtailment of such operations as may be specified by the Agency.
(4) Where the Air Pollution Index reaches the number designated as the First Air Pollution Alert, and meteorological forecasts indicate a six-hour prolongation of atmospheric conditions conducive to sustained or increased air pollution levels, the Agency may require owners or operators of sources of air pollution to curtail such operations as are specified by the Agency.
(5) Any person who contravenes paragraphs (3) or (4) shall be guilty of an offence and shall be liable, on summary conviction to a fine of not less than seventy thousand dollars nor more than three hundred thousand dollars and to imprisonment for three months.

.. .

'( 240 THE OFFICIAL GAZETTE [LEUAL SUPPLEMFNT] - B 13 If!

DECEMBER.

2000 FIRST SCHEDULE (reg.


8) ENVIRONMENTAL (AIR QUALITY) REGULATIONS 2000 LIST OF CONTAMINANTS THE PARAMETER LIMITS OF WHICH ARE TO BE SPECIFIED (i) (ii) (iii) (iv) (v) (vi) {\>ii) (viii) (ix) Smoke Solid particles Sulphuric acid mist or sulphuric trioxide Fluoride compounds Hydrogen chloride Chlorine Hydrogen sulphide Nitric acid or oxides of nitrogen Carbon monoxide t T ~- I ~ l ... 13 TH DECEMBER, 2000 THE OFFICIAL GAZEITE [LEGAL SUPPLEMENT] - B 241 SECOND SCHEDULE (reg.
12) ENVIRONMENT AL (AIR QUALITY) REGULATIONS 2000 STANDARD METHODS OF ANALYSIS OF EMISSIONS British Standard Ringelmann Chart (BS 2742C): 1969 Made this 281 h day of November, 2000.