Drafting Instructions for Air Qality Regulations (2001)

Ministry of Land and Environment

Drafting Instructions for

AIR QUALITY REGULATIONS (2001)

Contents

1. Authority

2. Purpose

3. Definition of Terms

4. Scope

Air Pollutant Discharge Licence

5. Air Pollutant Discharge Licence Applicability

6. Implementation of Air Pollutant Discharge Licence system

7. Duration of Air Pollutant Discharge Licence

8. Bases for Single or Multiple Licences

9. Application and Review Process

10. Provisional Air Pollutant Discharge Licence

11. Holders of Permits prior to 2001

12. Air Pollutant Discharge Licence renewal

13. Application for Addendum to a License

14. Non-transferability of Licence Between Facilities

15. Transfer of Licence on Change of Ownership

16. Authority discretion

17. Provision of Services for Stack Sampling

Compliance Plan

18. Description of a Compliance Plan

19. Period of review for a Compliance Plan

20. Authority for Rejecting a Compliance Plan

21. Coordination of Compliance Plans

22. Deadline for Achieving Compliance

Fugitive Emission Control Plan

23. Fugitive Emission Control Plan Requirements

24. Period of Review for a Fugitive Emission Control Plan

25. Authority for rejecting a Fugitive Emission Control Plan

26. Fugitive Emission Control Measures

Record Keeping and Reporting

27. Record Keeping

28. Malfunction Reporting

29. Maintenance Reporting

Air Pollutant Discharge Fees

30. Air Pollutant Discharge Licence Fees

31. Air Pollutant Discharge License Addendum Fees

32. Air Pollutant Discharge Fee

33. Calculation and Reporting of Emissions

34. Allowances and Incentives

Standards, Targets and Guidelines

35. Stack Emission Targets for existing facilities

36. Stack Emission Standards for new facilities

37. Opacity Standards

38. Fugitive Particulate Emission Guidelines

39. Priority Air Pollutants Guidelines

40. Odour Guidelines

41. Sulphur Content of Fuel Standard

42. Reporting of Sulphur Content

Stack Emission Monitoring Methods

43. Applicability

44. Air Pollutants

45. Stack Emission Test Methods

46. Stack Emission Measurement

47. Performance Test Requirements

48. Authority to take samples

49. Stack Emission Recording and Reporting Requirements

50. Continuous Emission Monitoring System Requirements

51. Performance Requirements for Continuous Emission Monitoring Systems

52. Continuous Emission Monitoring Systems Malfunctions.

Ambient Air Quality Monitoring and Assessment

53. Applicability

54. Requirements of Ambient Air Quality Monitoring and Assessment

55. Methods for Measuring Ambient Air Pollutant Concentrations.

56. Methods for measuring meteorological parameters.

Noncompliance with Regulations

58. Warnings, Control Orders and Prosecutions

59. Consequence of non-compliance with Regulations

60. Procedure for Revocation and Suspension of Licence

61. Deny a Licence Renewal Application

62. Revocation of a license or use of control order

63. Control Order

64. Compliance Plan

65. Fugitive Emission Control Plan

66. Offences

67. Enforceability of Terms and Conditions

68. Administrative Penalties

69. Other Penalties

70. Dispute Resolution

Emission Inventory

71. National Emission Inventory

72. Air Pollutant Discharge Licence Register

Schedules

1 Air Pollutant Discharge Licence Application

2 License to Discharge Air Pollutants

3 Control Order

4 Air Discharge Licence Fee Schedule

5 Stack Emission Targets for Existing Sources

6 Stack Emission Standards for New sources

7 Ambient Air Quality Guidelines for Priority Air Pollutants

8 Test Methods for Stack Emission Monitoring

9 Minimum Performance Specifications For Ambient Air Quality Monitoring of Criteria Pollutants

10 Methods for monitoring ambient air pollutant concentrations

11 Administrative penalties

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(1) Authority

In exercise of the powers conferred upon the Minister by section 38 of the Natural Resources Conservation Authority Act, the following regulations are hereby made. These regulations may be cited as the Air Quality Regulations (2002) and shall come into effect on the 1st day of September 2002.

(2) Purpose

The purpose of these regulations is to specify the requirements for the operation of an air pollutant discharge licensing system including application and processing of Air Pollutant Discharge Licences, fees for processing and for the discharge of pollutants and a system of fines and penalties for violations of these regulations, to provide specifications and guidance for the measurement and estimation methods to be used for satisfying the requirements of air pollutant discharge permits or licences, or for other source measurements or estimates as may be required for environmental impact assessments or any other requirement under the Natural Resources Conservation Authority Act. The Regulations are set to achieve and maintain levels of air quality that will protect human health and safety, minimise injury to plant and animal, minimise damage to property and unreasonable interference with the public welfare, preserve and where necessary improve visibility, protect the scenic, aesthetic and historic values of Jamaica and promote the prevention, abatement and control of pollution by practical and economically feasible methods.

(3) Definition of Terms

(a) In these Regulations:

"Act" means the Natural Resources Conservation Authority Act, 1991.

"Air Pollutant Discharge Licence" means the licence, including any revisions thereto, issued to the owner or operator of a Major Facility or a Significant Facility that emits one or more air pollutants and that allows that facility to operate in compliance with the Air Pollutant Discharge Licence Regulations.

"Air pollutant" means any fume, smoke, particulate matter, vapour, gas, odorous substance or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product materials) substance or matter, (but does not include water vapour or steam condensate or any other emission exempted by the Authority under these Regulations), that has caused, is causing, or if unabated, may cause injury to human health, welfare or plant or animal life, or damage to property, or the environment which unreasonably interferes with the enjoyment of life or property or with the conduct of business.

"Air pollutant source" means a structure, building, equipment, installation, process or activity or any combination thereof, at, from, or by reasons of which, there is emitted or discharged into the atmosphere, any air pollutant.

“Air Pollution" means the presence in the outdoor atmosphere of one or more air pollutant in such quantities, and duration that has caused, is causing, or if unabated, may cause, injury to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life, or damage to property or the environment or with the conduct of business. Such effects may result from direct exposure to air pollutants, from deposition of air pollutants to other environmental media, or from alterations caused by air pollutants to the physical or chemical properties of the atmosphere.

"Authority" means the Natural Resources Conservation Authority.

“Authorized Officer” means any person designated as such by the Natural [CD1] Resources Conservation Authority, any member or officer of the Jamaica Constabulary Force, any inspector appointed by the Minister under the Clean Air Act, or any Medical Officer of Health or any other person authorized in writing in that behalf, by the Minister or by a Local Board of Health or by the Medical officer under the Public Health Act or Mining Inspector under the Mining Act.

"Background concentration" means the ambient pollutant concentrations due to natural sources, nearby sources other than the one(s) specifically being considered and/or unidentified sources.

"Bituminous coal" includes anthracite, steam coal (other than anthracite) and coking coal or coal with a gross calorific value greater than 23 865 kJ/kg on an ash-free but moist basis and with a mean random reflectance of vitrinite of at least 0.6.

"Capacity factor" means the ratio of average load to the full load capacity rating of the machine or equipment for the specified period of time.

"Consumer Price Index" or "CPI" means the annual Consumer Price Index for a calendar year as determined year to year using the decimal increase in the September through August, 12-month average for the previous year of the Consumer Price Index for All Groups, as published by the Statistical Institute of Jamaica.

"Distillate fuel oil" means any fuel oil with the specifications of fuel oils #1 or #2, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396.

"Excessive emissions" means emissions of an air pollutant in excess of an emission standard or emission target.

"Existing Facility" means any facility with an air pollutant source or sources that has been constructed, is in operation or installed or used in Jamaica on or before September 1, 2001.

"Existing source" means an air pollutant source that was constructed, was in operation or installed on or before Month 1, 200x.

"Facility" means any buildings, structures, equipment, installations, activities or sources that emit air pollutants that are located on one property or on adjacent properties under the ownership or control of a single person or group of persons.

"Fugitive emission" means emissions that do not and could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

"Greenhouse gas" or GHG means any one of the following six gases or families of gases: carbon dioxide (CO₂), methane (CH₄), nitrous oxides (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF₆ [CD2] ).

"Haul roads" means roads which are used for commercial, industrial or governmental hauling of materials and which the general public does not have a right to use.

"Heavy fuel oil" means any fuel oil with the specifications of fuel oils #5 or #6, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396.

"Incinerator" means any equipment, device, or contrivance used for the destruction of solids, liquids or gaseous wastes by burning, other than devices used exclusively to burn wood wastes.

"Licence" means the legally binding document, including any revisions thereto, issued to the owner or operator of a facility or source that emits one or more air pollutants and that allows that facility or source to operate in compliance with these regulations. The licence specifies the requirements applicable to the facility or source and to the licensee.

"Licensee" means a person who has been granted an air pollutant discharge licence from the Authority.

"Light oil" means any fuel oil with the specifications of fuel oils #1 or 2, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396.

"Major Facility" means any facility with air pollutant emitting activities or sources, with the potential to emit: 100 or more tonnes/y of any one of total suspended particulate matter (TSP), particulate matter with a diameter less than ten micrometres (PM10), sulphur oxides measured as sulphur dioxide (SO₂), carbon monoxide (CO) or nitrogen oxides (NOx) measured as equivalent nitrogen dioxide; or 5 or more tonnes/y lead; or 10 or more tonnes per year of any single Priority Air Pollutant or 25 or more tonnes per year of any combination of Priority Air Pollutants.

"Major Modification" means any change made to a source that increases or decreases [CD3] the potential to emit any of the following pollutants, at a rate of emission equal to or greater than any one of the following rates:

Pollutant Tonnes/Year

Carbon monoxide 100

Nitrogen oxides 40

Sulphur dioxide 40

Particulate matter (PM) 25

Fine particulate matter (PM10) 15

Volatile organic compounds (VOC) 40

Lead 0.6

Fluorides 3

Sulphuric acid mist 7

Hydrogen sulphide (H₂S) 10

Total reduced sulphur (including H₂S) 10

Municipal waste combustor organics 0.0000035

(measured as total tetra-through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans)

Municipal waste combustor metals (measured as PM) 15

Municipal waste combustor acid gases (measured as

SO₂ and hydrogen chloride) 40

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

"Medium oil" means any fuel oil with the specifications of fuel oil #3, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396.

"Modification" means any physical change in, or change in the method of operation of a facility which increases the amount of any air pollutant emitted into the atmosphere by that facility or which results in the emission of any air pollutant not previously emitted.

"New Facility" means any facility, other than an existing facility with air pollutant source or sources and which commenced construction or operation or was installed in Jamaica after September 1, 2001.

"New source" means an air pollution source, other than an existing source and which commenced construction or operation or was installed after September 1, 2001.

"Nitrogen oxides" means the sum of nitric oxide (NO) and nitrogen dioxide (NO2) expressed collectively as a nitrogen dioxide equivalent.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

"Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment.

"Particulate matter (PM)" means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each applicable regulation subpart, or an equivalent or alternative method.

"Performance test" means any testing or sampling performed using approved methods to determine the emission rate of an air pollutant from a source.

"Person" means any individual, public or private corporation, partnership, association, firm, trust estate, the Government or any department, institution or agency thereof, any municipal corporation, parish and city, or any other legal entity whatsoever which is recognised by law as the subject of rights and duties.

"PM10" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to ten (10) micrometers emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, established by the U.S. EPA.

"Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable under the Act.

"Priority Air Pollutant (PAP)" means an air pollutant which presents a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which in the judgement of the Authority is placed on the "Priority Air Pollutant List" in Schedule 7 of these regulations.

"Prescribed area" means an area prescribed by the Minister by order pursuant to Section 9 of the Act.

"Regulated air pollutant" means any pollutant for which there is a national ambient air quality standard.

"Renewable Energy" means energy derived from resources that are regenerative or for all practical purposes cannot be depleted. Types of renewable energy resources include moving water (hydro, tidal and wave power), thermal gradients in ocean water, biomass, geothermal energy, solar energy, and wind energy. Municipal solid waste (MSW) is also considered to be a renewable energy resource.

"Renewable Fuel" means fuel derived from resources that is regenerative or for all practical purposes cannot be depleted. Types of renewable fuels include biomass, municipal solid waste and fuels such as ethanol, biodiesel and hydrogen, derived from biomass.

"Residual oil" means any fuel with the specifications of fuel oils No. 5 or 6, as defined by the American Society for Testing and Materials (ASTM) burner fuel specification D396.

"Source" means any article, machine, process equipment, or other contrivance, or combination thereof, from which any air pollutant emanates or is emitted, either directly or indirectly into the atmosphere or any contiguous location that may be described as having an area and from which air pollutants enter the atmosphere.

"Start up” means the setting in operation of a facility or sources in a facility for any purpose

"Shutdown" means the cessation of operation of a source for any purpose.

"Significant Facility" means any facility with air pollutant emitting activities or sources, with the potential to emit: 25 or more but less than 100 tonnes/y of one or more of TSP, PM10, SO₂, CO, or NOx,); or 1 or more but less than 5 tonnes/y of lead; or 1 or more but less than 5 tonnes/y of any Priority Air Pollutant or 1 or more but less than 10 tonnes per year of any combination of Priority Air Pollutants.

"Significant impact": the impacts of sources on ambient air quality are deemed significant when the increment in the predicted average concentration of SO₂, TSP, PM10 or NO₂ is greater than an annual average of 21.0 µg/m³ or a 24-hour average of 805 µg/m³ or when the increment in the predicted average concentration of CO is greater than 500 µg/m³ as an 8-hour average or 2000 µg/m³ as a 1-hour average and when such predictions are made using an approved air dispersion model.

"Standard conditions" means a temperature of 293° K (20°C) and a pressure of 101.3 kilopascals (29.92 in Hg).

"Sub-bituminous coal" means coal that is classified as sub-bituminous A, B, or C according to the American Society of Testing and Materials (ASTM) Standard Specification for Classification of Coals by Rank D388.

Units and abbreviations:

°C - degree Celsius (centigrade)

dscm – dry standard cubic metre

g - gram

h - hour

J - joule

k – kilo (1,000)

l - litre

lpm - litre per minute

Mg – million grams

mg - milligram

m³– cubic metre

pg – picogram (10^-12g)

scm - cubic metre at standard conditions

s - second

min - minute

ml - millilitre

mol. wt. - molecular weight

n – nano

ppm – parts per million

t – tonne

m - micro (10^-6)

TEQ – toxicity equivalent

Chemical nomenclature

As - arsenic

Cd - cadmium

Co - cobalt

CO - carbon monoxide

Cr - chromium

Cu - copper

H₂S - hydrogen sulphide

H₂SO₄ - sulphuric acid

HCl - hydrochloric acid

Hg - mercury

Mn - manganese

Ni - nickel

NO - nitric oxide

NO₂ - nitrogen dioxide

NOx - nitrogen oxides

O₂ - oxygen

Pb - lead

PCDD - polychlorinated dibenzo-p-dioxin

PCDF - polychlorinated dibenzofurans

PM- particulate matter

PM10 - particulate matter with aerodynamic diameter less than or equal to 10 mm

Sb - antimony

Se - selenium

SO₂ - sulphur dioxide

SO₃ - sulphur trioxide

SOx - sulphur oxides

Te - tellurium

Tl - thallium

V - vanadium

VOC - volatile organic compound

Zn - zinc

(4) Scope

These regulations shall apply to new and existing major facilities, new and existing significant facilities and to any facility required to obtain a permit or licence pursuant to this regulation or to other regulations under the Act [CD4] . These regulations do not apply to modes of transportation including trucks, cars, buses, trains, ships and airplanes.

(a) These Regulations apply to all facilities with the following categories of Air Pollutant sources:

Electricity generation

Mineral Industries

Petroleum Refineries

Municipal incinerators

Biomedical incinerators

Hazardous waste incinerators

Chemical Processing

Inorganic Chemicals Manufacturing

Organic Chemicals Manufacturing

Liquids Distribution – Petroleum Products

Non-Ferrous Metals Processing

Ferrous Metals Processing

Polymers And Resins Production

Food And Agricultural Processes

Agricultural Chemicals Production

Surface Coating Processes

Waste Management

Fuel Combustion in any of the above categories including Stationary Fuel Combustion Sources

Other industry categories as may from time to time be prescribed by the Authority

(b) Notwithstanding that the authority does not have standards or targets for each pollutant source the Authority will develop and apply any relevant emission standards or targets or guidelines for those air pollutant source categories and pollutants for which there are no standards, targets or guidelines in these regulations.

(Check)

1) AGRICULTURAL CHEMICALS PRODUCTION

• 2,4-D Salts and Esters Production

• 4-Chloro‑2-Methylphenoxyacetic Acid Production

• 4,6-Dinitro-o-Cresol Production

• Captafol Production

• Captan Production

• Chloroneb Production

• Chlorothalonil Production

• Dacthal (tm) Production

• Sodium Pentachlorophenate Production

• Tordon (tm) Acid Production

2) FERROUS METALS PROCESSING

• Ferroalloys Production

• Integrated Iron and Steel Manufacturing

• Non-Stainless Steel Manufacturing-Electric Arc Furnace

(EAF) Operation

• Iron Foundries

• Steel Foundries

• Steel Pickling-HCl Process

3) FIBRES PRODUCTION PROCESSES

• Acrylic Fibres/Modacrylic Fibres Production

• Rayon Production

• Spandex Production

4) FOOD AND AGRICULTURAL PROCESSES

• Baker's Yeast Manufacturing

• Cellulose Food Casing Manufacturing

• Vegetable Oil Production

5) FUEL COMBUSTION

• Engine Test Facilities

• Industrial Boilers

• Institutional Commercial Boilers

• Process Heaters

• Stationary Internal Combustion Engines

• Stationary Turbines

6) LIQUIDS DISTRIBUTION

• Organic Liquids Distribution (Non-Gasoline)

7) MINERAL PRODUCTS PROCESSING

• Alumina Processing

• Asphalt/Coal Tar Application-Metal Pipes

• Asphalt Concrete Manufacturing

• Asphalt Processing

• Asphalt Roofing Manufacturing

• Chromium Refractories Production

• Clay Products Manufacturing

• Lime Manufacturing

• Mineral Wool Production

• Portland Cement Manufacturing

• Taconite Iron Ore Processing

• Wool Fibreglass Manufacturing

8) MISCELLANEOUS PROCESSES

• Aerosol Can-Filling Facilities

• Benzyltrimethylammonium Chloride Production

• Butadiene Dimers Production

Carbonyl Sulphide Production

• Chelating Agents Production

• Chlorinated Paraffins Production

• Commercial Sterilization Facilities

• Dodecanedioic Acid Production

• Dry Cleaning (Petroleum Solvent)

• Ethylidene Norbornene Production

• Explosives Production

• Hydrazine Production

• Industrial Process Cooling Towers

• OBPA/1,3-Diisocyanate Production

• Paint Stripper Users

• Photographic Chemicals Production

• Phthalate Plasticizers Production

• Plywood/Particle Board Manufacturing

• Polyether Polyols Production

• Rubber Chemical Manufacturing

• Semiconductor Manufacturing

• Symmetrical Tetrachlorophyridine Production

• Tire Production

• Wood Treatment

9) NON-FERROUS METALS PROCESSING

• Secondary Aluminum Production

• Primary Copper Smelting

• Primary Lead Smelting

• Lead Acid Battery Manufacturing

• Primary Magnesium Refining

10) PETROLEUM AND NATURAL GAS PRODUCTION AND REFINING

• Oil and Natural Gas Production

• Petroleum Refineries-Catalytic Cracking (Fluid and other)

Units, Catalytic Reforming Units, and Sulphur Plant Units

11) PHARMACEUTICAL PRODUCTION PROCESSES

• Pharmaceuticals Production

12) POLYMERS AND RESINS PRODUCTION

• Acetal Resins Production

• Acrylonitrile-Butadiene-Styrene Production

• Alkyd Resins Production

• Amino Resins Production

• Boat Manufacturing

• Butadiene-Furfural Cotrimer (R-11)

• Butyl Rubber Production

• Carboxymethylcellulose Production

• Cellophane Production

• Cellulose Ethers Production

• Epichlorohydrin Elastomers Production

• Epoxy Resins Production

• Ethylene-Propylene Elastomers Production

• Flexible Polyurethane Foam Production

• Hypalon (tm) Production

• Maleic Anhydride Copolymers Production

• Methylcellulose Production

• Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene Production

• Methyl Methacrylate-Butadiene-Styrene Terpolymers Production

• Neoprene Production

• Nitrile Butadiene Rubber Production

• Non-Nylon Polyamides Production

• Nylon 6 Production

• Phenolic Resins Production

• Polybutadiene Rubber Production

• Polycarbonates Production

• Polyester Resins Production

• Polyethylene Terephthalate Production

• Polymerized Vinylidene Chloride Production

• Polymethyl Methacrylate Resins Production

• Polystyrene Production

• Polysulphide Rubber Production

• Polyvinyl Acetate Emulsions Production

• Polyvinyl Alcohol Production

• Polyvinyl Butyral Production

• Polyvinyl Chloride and Copolymers Production

• Reinforced Plastic Composites Production

• Styrene-Acrylonitrile Production

• Styrene-Butadiene Rubber and Latex Production

13) PRODUCTION OF INORGANIC CHEMICALS

• Ammonium Sulphate Production-Caprolactam By-Product Plants

• Antimony Oxides Manufacturing

• Chlorine Production

• Chromium Chemicals Manufacturing

• Cyanuric Chloride Production

• Fume Silica Production

• Hydrochloric Acid Production

• Hydrogen Cyanide Production

• Hydrogen Fluoride Production

• Phosphate Fertilizers Production

• Phosphoric Acid Manufacturing

• Quaternary Ammonium Compounds Production

• Sodium Cyanide Production

14) SURFACE COATING PROCESSES

• Auto and Light Duty Truck (Surface Coating)

• Flat Wood Paneling (Surface Coating)

• Large Appliance (Surface Coating)

• Manufacture of Paints, Coatings, and Adhesives

• Metal Can (Surface Coating)

• Metal Coil (Surface Coating)

• Metal Furniture (Surface Coating)

• Miscellaneous Metal Parts and Products (Surface Coating)

• Paper and Other Webs (Surface Coating)

• Plastic Parts and Products (Surface Coating)

• Printing, Coating, and Dyeing of Fabrics

• Printing/Publishing (Surface Coating)

• Shipbuilding and Ship Repair (Surface Coating)

15) WASTE TREATMENT AND DISPOSAL

• Hazardous Waste Incineration

Biomedical waste treatment and disposal

• Municipal Landfills

• Sewage Sludge Incineration

• Site Remediation

• Solid Waste Treatment, Storage and Disposal Facilities

• Publicly Owned Treatment Works Emissions

Air Pollutant Discharge Licence

(5) Air Pollutant Discharge Licence Applicability

(a) All owners or operators of the following shall apply for a licence for: -

i) Any new or existing Major Facility;

ii) Any new or existing Significant Facility;

iii) Any new or existing facility undertaking a Major modification

iv) Any facility required to obtain an Air Pollutant Discharge Licence pursuant to these Regulation;

(b) The owner or operator for each facility referred to in Section 5 a) shall apply for an air pollutant discharge licence as set out in Regulations 10

(c) Owners and operators of any new or existing facility undertaking a major modification or a any modification that will cause the facility to become a Significant Facility or to change from being a Significant Facility to become a Major Facility or vice versa shall apply for an Air Pollutant Discharge Licence pursuant to Section 10 at least 60 days prior to any planned construction, reconstruction or modification. Such application shall be made to the Authority by submitting information on the proposed changes using the Air Pollutant Licence Application Form.

(6) Implementation of Air Pollutant Discharge License System

(a) The Authority shall identify the pollutant source categories/facilities that will be required to obtain an Air Pollutant Discharge Licence by publishing in a widely circulated newspaper. The Authority shall indicate the time frames by which this application will be received. Failure of the Authority to notify a facility shall not relieve that facility of the obligation to file a timely and complete application.

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