Mohammed Valli Moosa, the Minister of Environmental Affairs and Tourism, hereby publishes the draft National Environmental Management: Air Quality Bill for public information in terms of Rule 241(l)(b) of the National Assembly and Rule186 (1) (a) of the National Council of Provinces.
The draft bill aims to bring the system of air pollution control in line with the Constitution of theRepublic ofSouthAfrica. It replaces theoutdatedAir PollutionPreventionAct, I965 (APPA), (Act No. 45of1965) withamore effective regulatory regime. It establishes national norms and standards for air qualitymanagement. It providesaframework for airqualityplanning and reporting and numerous regulatory instruments for the control of air pollution and as well as compliance and enforcement regime.
The draft bill will be tabled in Parliament during August 2003 for consideration. Written comments and inputs are invited from interested and affected parties as well as the general public.
The Bill aims to bring the system ofair pollution controlin line with the Constitution allocation of function between the three spheres of government.
107 of 1998) (NEMA). Amendments to this chapter include the deletion of, among others steam as a pollutant, the redefinition of vehicle emissions as a Ron-point source of air pollution, and competent authorii was also defined.
Chapter 4 describes the various regulatory tools or measures made available to government ambient air quality. The tools have been designed in such a wayasto ensure an optimal mix managed in the most effective manner, with the least possible administrative burden and use of resources.
Listed Acfivifies -The identification of 'problem' processes means that they will require an Atmospheric Emission License before they can operate.
(e.g. motor vehicles, hazardous waste incinerators, etc.
The chapter was amended to include the provision for the submissionof atmspheric impact reports as an addainal tool enabiing air quali officers to manage air qualii from existing industrial activities, as well as provisions for the control of dust.
Chapter 5 deals with licensing of listed activities. It defines with reference to section 24 of NEMA procedures to be followed and the authority responsible for granting such a licence.
Chapter 6 dealswithSouthAfrica'sinternationalobligations in respect of airquality management. In keeping withthe'goodneighbour'aspectofNEPADandour SADC obligations, the Bill allows the Minister to investigate cases where South African processes may be impacting on our neighbours. In this regard, the Bill also provides for regulations in respect of the controlof processes impacting on our neighbours and the global atmosphere in general. This section is viewed as being significant as it will enable national government to implement swift responses required to harness the investment opportunities provided by some of the international instruments.
Chapter 7 dealswithoffencesandpenalties.
Chapters 8 provide for general regulations and transitional arrangements. With regard to the latter, the Bill provides for a number of arrangements aimed at smoothing the transition from the air quality management approach under APPA.
The Billwillincrease the financial resources available for administering, air quality management through the systemof permit fees at local and provincial levels of government.
NATIONAL ENVIRONMENTALMANAGEMENT: AIR QUALJTY BILL To reform the law regulating air quality in order to protect and enhance the quality of air in the Republic, taking into account the need€orsustainable development; to provide for national norms andstandardsregulating air qualitymonitoring, managementandcontrolbyall spheres of government; for specific air quality measures; and for matters incidental thereto.
everyone has a right to an environment that is not harmful to his or her health or well-being; everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and secure ecologically sustainable development while promoting justifiable economic and social development; sustainable development requires the integration of social, economic and environmental factors in the planning, implementation and evaluation of decisions to ensure that development serves present and future generations; air pollution.
new and innovative approaches to legislation are required to protect and enhance the air quality in the Republic.
I 16 No.
In this Act, a word or expression derived from a word or expression defined in subsection (1)has a corresponding meaning unless the context indicates that another meaning is intended.
to reduce the risks to human health and the environment while taking into account the need for sustainable development.
through the organs of state implementing this Act, must seek to protect and enhance the quality of air in the Republic; and must implement this Act to achieve the progressive realisation of those rights.
in the Republic, including its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and to all activities in the Republic affecting the quality of air.
Environmental Management Act.
The application of this Act mustbe guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.
For the proper application of subsection (2) (b)the Minister must in terms of section 146 (6) of the Constitution submit all subordinate legislation issued in terms of this Act and which affects provinces, to the National Council of Provinces for approval.
The Minister must, as soon as reasonably practicable, by notice in the Gazette, establish a national framework for achieving the object of this Act, which must include -strategies, objectives and plans to attain compliance with ambient air quality standards; strategies, objectives and plans to give effect to the Republic's obligations in term of international agreements; national norms and standards for the control of emissions fiom point, non-point and mobile sources; national norms and standards for air quality monitoring; national noms and standards for air quality management planning; national norms and standards for air quality information management; mechanisms to provide for co-operative governance in respect of air quality management; and any other matter which the Minister considers necessary for achieving the object of this Act.
the different spheres of government; and different organs of state.
An organ of state must give effect to the national framework when exercising a power or performing any duty in terms of this Act or any other legislation regulating air quality management.
may be amended from time to time; and must be reviewed by the Minister at intervals of not more than five years.
Before publishing the national framework, or any amendment to the framework, the Minister must follow a consultative process in accordance with sections 53 and 54.
regular reporting on air quality; and compliance with the Republic's obligations in terms of international agreements, substantive way.
performance of organs of state in respect of air quality management.
compliance with the Republic's obligations in terms of international agreements; and access to information by the public.
ambient air quality, including the permissible amount or concentration of eachsuch substance or mixture of substances in ambient air; or emissions from point, non-point or mobile sources.
Section 7 (3) (a), (4),(5)and (6), with the necessary changes as the context may require, applies to a notice published in terms of this section.
ambient air quality, including the permissible amount or concentration of each such substance or mixture of substances in ambient air;or emissions from point, non-point or mobile sources in the province or in any geographical area within the province.
If national standards have been established in terms of section 9 for any particular substance or mixture of substances, an MEC may not dter any such national standards except by establishing stricter standards for the province or for any geographical area within the province.
provide for the phasing in of its provisions; or be amended from time to time.
(a) Before publishing a notice in terms of this section, or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 53 and 54.
identlfy substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present or are likely to present a threat to health, well-being or the environment in the municipality; and in respect of each of those substances or mixtures of substances, establish local standards for emissions from point, non-point or mobile sources in the municipality.
If national or provincial standards have been established in terms of section 9 or 10 for any particular substance or mixture of substances, a municipality may not alter any such national or provincial standards except by establishing stricter standards for the municipality or any part of the municipality.
Before a municipality passes a by-law referred to in subsection (l),it must follow a consultative process in terms of Chapter 4of the Municipal Systems Act.
measurements of emissions fiom point, non-point or mobile sources must be carried out; and the manner and form in which such measurements must be reported and the organs of state to whom such measurements must be reported.
The Minister may establish a National Air Quality Advisory Committee as a subcommittee of National Environmental Advisory Forum established in terms of the National Environmental Management Act to advise.the Minister on the implementation of this Act.
The Minister must designate an officer in the Department as the national air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the national government.
The MEC responsible for air quality in a province must designate an officer in the provincial administration as the provincial air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the province.
Each municipality must designate an air quality officer from its administration to be responsible for co-ordinating matters pertaining to air quality management in the municipality.
An air quality officer may delegate a duty or power referred to in subsection (4)to an official in the service of that officer's administration, subject to any limitations or conditions as may be prescribed by the Minister by regulation in terms of section50.
Air quality officers must co-ordinate their activities in a manner as may be set out in the national framework or prescribed by the Minister by regulation in terms of section 50.
Each national department or province responsible for preparing an environmental implementation plan or environmental management plan in terms of Chapter 3 of the National Environmental Management Act must include in that plan an air quality management plan.
Each municipality must include in its integrated development plan envisaged in Chapter 5 of the Municipal Systems Act, an air quality management plan.
describe how the relevant national department, province or municipality will give effect to its air quality management plan; and comply with any other requirements as may be prescribed by the Minister by regulation in terms of section 50.
its compliance with any priority area air quality management plans applicable to it; and its air quality monitoring activities.
The MEC responsible for air quality in a province may in terms of subsection (1)declare an area falling within the, province as a priority area.
The MECs responsible for air quality in two or more adjoining pro.c(inces may by joint action in terms of subsection (1)declare an area falling within those provinces as a priority area.
Before publishing a notice in terms of subsection (l),the Minister or the relevant MEC or ME0 must follow a consultative process in accordance with sections 53 and 54.
The declaration of an area as a priority area may be withdrawn if the area is in compliance with ambient air quality standards for a period of no less than one year.
after consulting the air quality officers of any affected province and municipality, prepare a priority area air quality management plan for the area; and within six months of the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.
@ within six months of the declaration of the area, or such longer period as the MEC may specify, submit the plan to the MEC for approval.
after consulting the national air quality officer and the air quality officers of the affected municipalities, prepare a priority area air quality management plan for the area; and within six months of the declaration of the area, or such longer period as the relevant MECs may specify, submit the plan to the MECs for approval.
must follow a consultative process in accordance with sections 53 and 54.
Gazette within 90 days of approval. An approved plan takes effect from the date of publication.
must address air quality in the area; and may for this purpose provide for the establishment of a committee representing relevant role players.
A priority area air quality management plan lapses when the declaration of the area as a priority area is withdrawn in terms of section 18 (6).
the permissible amount or concentration of that substance or mixture of substances that may be emitted; and the manner in which measurements of such emissions must be carried out.
may contain transitional and other special arrangements in respect of activities which are carried out at the time of their listing; and must determine the date on which the notice takes effect.
Paragraph (a) need not be complied with if-the notice is amended in a non-substantive way.
anywhere in the Republic carry out an activity listed on the national list or commence with the construction of infrastructure for the carrying out of such a listed activity; or in a province carry out an activity listed on the list applicable in that province or commence with the construction of infrastructure for the carrying out of such a listed activity.
The Minister or the MEC responsible for air quality in a province may, by notice in the Gazette, declare any appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter if such appliance or activity, or appliances or activities falling within such category, result in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, presents or is likely to present a threat to health or the environment.
When the Minister or the MEC responsible for air quality in a province declares an appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter in terms of section 23, the notice referred to in that section must establish emission standards for such appliance or activity, which must include standards setting the permissible amount or concentration of any specified substance or mixture of substances that may be emitted from the controlled emitter.
The Minister must by regulation in terms of section 50 prescribe the manner in which measurements of emissions from controlled emitters must be carried out.
No person may manufacture, sell or use any appliance or conduct an activity declared as a controlled emitter unless that appliance or activity complies with the standards established in terms of section 24.
nation-wide in respect of an appliance or activity declared by the Minister; or in a relevant province only, in respect of an appliance or activity declared by the MEC responsible for air quality in that province.
declare any substance contributing to air pollution as a priority air pollutant; and require persons falling within a category specified in the notice to prepare, submit to the Minister or MEC for approval and implement pollution prevention plans in respect of a substance declared as a priority pollutant in terms of paragraph (a).
The Minister or MEC may, by written notice to a person carrying out a listed activity and which involves the emission of a substance declared as a priority pollutant, require that person to prepare, submit to the Minister or MEC for approval and implement a pollution prevention plan, whether or not that person falls within a category specified in terms of subsection (l)(b).
Pollution prevention plans must comply with requirements as may be prescribed by the Minister or MEC by regulation in terms of section 50 or 51.
the air quality officer reasonably suspects that the person has on one or more occasions contravened or failed to comply with this Act or any conditions of a licence and that such contravention or failure has caused, or is likely to cause, a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to, or is likely to contribute to, the degradation of ambient air quality; or a review of an atmospheric emission licence is undertaken in terms of section 42.
steps that must be taken to prevent nuisance by dust; or other measures aimed at the control of dust.
the rehabilitation of the area where the mining operations were conducted after mining operations have stopped; and the prevention of pollution of the atmosphere by dust after those operations have stopped.
The Minister or the MEC responsible for air quality in a province may, by regulation in terms of section 50 or 51, prescribe measures for the control of offensive odours emanating from specified activities.
The occupier of any premises must take all reasonable steps to prevent the emission of any offensive odour caused by any activity on such premises.
Metropolitan and district municipalities are charged with implementing the atmospheric emission licensing system referred to in section 22,and must for this purpose perform the functions of licensing authority as set out in this Chapter and other provisions of this Act, subject to subsections (2), (3) and (4).
If a metropolitan or district municipality has delegated its functions of licensing authority to a provincial organ of state in terms of section 238 of the Constitution, that provincial organ of state must for the purposes of this Act be regarded as licensing authority in the area of that municipality.
If a province has in terms of section 139 of the Constitution intervened in a metropolitan or district municipality on the ground that that municipality cannot or does not fulfil its obligations as licensing authority in terms of this Act, a provincial organ of state designated by the province must for the duration of the intervention be regarded as licensing authority in the area of that municipality.
that application; and the implementation of this Act in relation to any licence that may be issued to the municipality.
A person must apply for an atmospheric emission licence by lodging to the licensing authority of the area in which the listed activity is or is to be carried out, an application on the form prescribed by the licensing authority.
a processing fee as may be reasonably prescribed by the, Minister by-regulation in terms of section 50; and any documentation and information as maybe reasonably prescribed by the licensing authority.
may invite written comments from any organ of state which has an interest in the matter; and must afford the applicant an opportunity to make representations on any adverse statements or objections to the application.
Section 24 of the National Environmental Management Act and section 21 of the Environment Conservation Act applies to all applications for atmospheric emission licences, and both an applicant and the licensing authority must comply with the requirements of those sections.
An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
giving particulars of the listed activity, including the place where it.
any guidelines issued by the Minister or the MEC responsible for air quality in the relevant province relating to the performance by licensing authorities of their functions.
The licensing authority may -grant an application; or refuse the application.
Any decision by a licensing authority to grant an application must be consistent with -this Act and any other applicable national or provincial legislation; any applicable national or provincial environmental management policies; any decision in terms of section 24 of the National Environmental Management Act or section 21 of the Environment Conservation Act; the national environmental management principles set out in section 2 of the National Environmental Management Act; any transitional and other special arrangements contemplated in section 21(3)(b); any minimum standards for atmospheric emissions of identified substances or mixtures of substances as contemplated in section 21(3); any applicable pollution prevention plan contemplated in section 26; the objectives of any applicable air quality management plan; and any ambient air quality or emission standards that have been determined in terms of this Act.
in a manner determined by the licensing authority, notify any persons who have objected to the application; and atthe request of any person referred to in paragraph (a) or (b), give written reasons for its decision or make public its reasons.
If an application for an atmospheric emission licence has been granted in terms of section 37(l)(a), the licensing authority must first issue a provisional atmospheric emission licence to enable the installation and commissioning of the listed activity.
as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terms of section 50or 51 for listed activities of the kind in question.
The holder of a provisional atmospheric emission licence is entitled to an atmospheric emission licence when the commissioned facility is in full compliance with the conditions and requirements of the provisional atmospheric emission licence for a period of at least six months.
as are specified in terms of section 40 as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terms of section 50 or 51 for listed activities of the kind in question.
greenhouse gas emission measurement and reporting requirements; and any other matters which are necessary for the protection or enforcement of air quality.
A person may apply for permission for the transfer of an atmospheric emission licence by lodging to the licensing authority of the area in which the listed activity is carried out, an application on the form prescribed by the licensing authority.
a processing fee as may be reasonable prescribed the Minister by regulation in terms of section 50; and any documentation and information as maybe reasonable prescribed by the licensing authority.
When considering an application for the transfer of an atmospheric emission licence, the licensing authority must take into account all relevant matters, including whether the person to whom the licence is to be transferred is a fit and proper person determined in accordance with the criteria set out in section 46.
A licensing authority must review a provisional atmospheric emission licence or an atmospheric emission licence at intervals specified in the licence, or when circumstances demand that a review is necessary.
The licensing authority must inform the licence holder and the relevant provincial air quality officer, in writing, of any proposed review.
For purposes of the review, an air quality officer may require the licence holder to compile and submit an atmospheric impact report contemplated in section 27.
if it is necessary or desirable to accommodate demands brought about by impacts on so&-.
if it is transferred to another person in terms of section 41; or if it is reviewed in terms of section 42.
the removal of a condition or requirement; or the amendment of a condition or requirement.
the variation of the licence will authorise an increase in atmospheric emissions; and the proposed variation has not, for any reason, been the subject of an authorisation in terms of any other legislation and public consultation.
stating a reasonable period within which written representations on or objections to the request maybe submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
Sections 35and 37,read with the necessary changes as the context may require, apply to the variation of an atmospheric emission licence.
An atmospheric emission licence may, on application by the holder of the licence, be renewed by a kensing authority.
The holder of an atmospheric emission licence must before the expiry date of the licence apply for the renewalof the licence to the licensing authority of the areain which the listed activity is carried out, by lodging to the licensing authority an application on the form prescribed by the licensing authority.
a processing fee as may be reasonably prescribed Minister by regulation in terms of section 50; @ proof that the relevant provincial air quality officer has been notified of the application; and any documentation and information as may be reasonably prescribed by the licensing authority.
The holder of a provisional atmospheric emission licence may not apply for the renewal of the provisional licence more than once.
Sections 35,37and 40,read with the necessary changes as the context may require, apply to an application for the renewal of an atmospheric emission licence.
An air quality officer may require the holder of an atmospheric emission licence to designate an emission control officer, having regard to the size and nature of the listed activity for which the licence was granted.
Nothing in this section affects the obligations and liability of the holder of a licence to comply with the conditions and requirements of the licence.
take all reasonable steps to ensure compliance by theholder of the licence with the licence conditions and requirements.
or (b) applies; and whether the management of the listed activity which is the subject of the application will or will not be in the hands'of a technically competent person.
trans-boundary air pollution; or air pollution that violates, or is likely to violate, an international agreement binding on the Republic in relationtothe prevention, control or correction of pollution, as a result of a substance or substances being released into the air from a source.
If, after such investigation, the Minister is of the opinion that the release of a substance into the air from a source in the Republic may have a significant detrimental impact on air quality, the environment or health in a country other than the Republic, the Minister may in terms of section 50 prescribe regulations for the purposes of preventing, controlling or correcting the releases within the Republic.
the Cabinet member responsible for foreign affairs; and the MEC responsible for air quality in each of the provinces concerned.
the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
The Minister may, through the Cabinet member responsible for foreign affairs, advise the government of any country that would be affected by or benefit from the identification, notice or regulation before it is published.
contravenes or fails to comply with a condition subject to which exemption fiom a provision of this Act was granted in terms of section 56.
A person operating a controlled emitter is guilty of an offence if specified pollutants at concentrations above the standards for such pollutants are'emitted from that controlled emitter.
A person convicted of an offence referred to in section 48 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
any matter necessary to give effect to the Republic's obligations in terms of an international agreement relating to air quality; matters relating to environmental management co-operation agreements, to the extent that those agreements affect air quality; emissions, including the prohibition of emissions, fiom point, non-point and mobile Sourcesof emissions, including motor vehicles; the regulation of noise; open fires or incinerators; ozone depleting substances; codes of practice; records and returns; labelling; trading schemes; powers and duties of air quality officers; appeals against decisions of officials in the exercise of their powers and functions in terms of the regulations; incentives to encourage change in behaviour towards air pollution by all sectorsin society; requirements in respect of monitoring; the avoidance or reduction of harmful effects on air quality from activities not otherwise regulated in terns of this Act; or any other matter necessary for the implementation of this Act.
The MEC responsible for air quality management in a province may make regulations for the province, not inconsistent with this Act, in respect of any matter which the MEC.may or must make in terms of this Act, including a matter referred to in section 50 (c) to @).
incorporate by reference any code of practice or national and international standard relating to air quality.
Before publishing any regulations in terms of section 50 or 51, or any amendment to the regulations, the Minister or MEC must follow a consultative process in accordance with sections 53and 54.
Paragraph (a) neednotbecompliedwith if the regulations are amended in a non-substantive way.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 54, the Minister or MEC responsible for air quality in the province must follow a consultative process as may be appropriate in the circumstances.
in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution, consult the MEC responsible for air quality in each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 54.
in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution, consult the Minister and all other national organs of state that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 54.
invite members of the public to submit to the Minister or MEC, within 30 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister or MEC may in appropriate circumstances allow any interested person or community to present oral representatio, ns or objections to theMinister or MEC, or a person designated by the Minister or MEC.
any of the powers or duties assigned to the Minister or MEC in terms of this Act, excluding the power to publish or amend a regulation in terms of section 50 or 51or a notice in terms of section 7 (l),9 (l),10 (l),18 (l),21 (l),23 (1)or 26(1);or any powers or duties reasonably necessary to assist the Minister in exercising a power or complying with a duty assigned to the Minister in terms of this Act.
The Minister or MEC must regularly review and, if necessary, amend or withdraw a delegation in terms of subsection (1).
may authorise that official to sub-delegate, in writing, the delegated power or duty to another official in the department, or to the holder of a specific post in the department; and does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty.
The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or sub-delegation in terms of this section, subject to any rights that may have become vested as a consequence of the decision.
An application in terms of subsection (1)must be accompanied by reasons.
The Minister may require an applicant applying for exemption to take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
@ containing such other particulars concerning the application as the Minister may require.
from time to time review any exemption granted in terms of this section; and on good grounds withdraw any exemption !
the MEC responsible for air quality in a province; or a metropolitan or district municipality.
The Atmospheric Pollution Prevention Act is hereby repealed subject to subsection (2) and (3) and section 58.
Anything done or deemed to have been done under a provision repealed by subsection and which can be done in terms of a provision of this Act must be regarded as having been done under the provision of this Act.
(1)and which can be done in terms of the constitutional or statutory powers of a municipality, remain in force in the area of a municipality until repealed by the municipality of that area.
At the commencement of this Act all existing provisional and permanent registration certificates issued in respect of processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be deemed to be provisional atmospheric emission licences issued in terms of this Act for a period of two years fiom the commencementof this Act.
The national air quality officer must issue written confirmation to holders of such registration certificatesof the change in statusof their atmospheric e~ssion authorisation within 90 days of the commencement of this Act.
The holders of a written confirmation referred to in subsection (2) must make an application for an atmospheric emission licence within one year of the commencement of this Act.
Failure to make the necessary application within the period provided under subsection renders the provisional atmospheric emission licence contemplated in subsection (1)null and void.
The holder of a provisional atmospheric emission licence contemplated in subsection (1) is entitled to an atmospheric emission licence when the facility for which the licence is issued is in full compliance with the requirements of the provisional atmospheric emission licence.
Despite subsection (5)the licensing authority may require a review of the provisional atmospheric emission licence in terms of section 42 or a variation as provided for in section 43 before the atmospheric emission licence contemplated in of subsection (5) is granted.
Pending the publication of listed activities as contemplated in section 21, the processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must for the purposes of this Act be regarded to be listed activities.
ambient concentrations of ozone (03) may not exceed -an instant peak of 1.25 parts per million measured at 25' Celsius and normal atmospheric pressure; a one hour average of 0.
ambient concentrations of the oxides of nitrogen NO$ may not exceed -an instant peak of 1.4 parts per million measured at 25' Celsius and amma1 atmospheric pressure; aonehour average of 0.
a twenty four (24) hour average of 0.
aonemonth average of 0.
69 an annual average of 0.
ambient concentrations of nitrogen dioxide (NO2) may not exceed -an instant peak 0.5 parts per million measured at 25' Celsius and normal atmospheric pressure; aone hour average of 0.2 parts per million measured at 25' Celsius and normal atmospheric pressure; a twenty four hour average of 0.1 parts per million measured at 25' Celsius and normal atmospheric pressure and the 24 hour limit may not be exceeded more than three times in one year; a one month average of 0.08 parts per million measured at 25' Celsius and normal atmospheric pressure; an annual average of 0.
a ten minute average instant peak of 0.
a twenty four hour average of 0.
an annual average of 0.
ambient concentrations of lead (Pb) may not exceeda one month average of 2.
annual average of 100 micrograms per cubic meter (pg/m3).