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Measures and initiative to improve air quality in NSW

Several measures to improve air quality have been incorporated within new and existing legislation and regulations. Stricter standards for vehicles and fuels have been introduced, tunnels are being independently assessed and woodsmoke is being targeted.

Policies are also being developed to increase the availability and use of cleaner small engines (such as lawn mowers, hand-held garden equipment and outboard motors) to reduce NOx and VOCs emissions which lead to ozone production.

Improving air quality for the long term means encouraging and motivating polluters to reduce emissions. A range of incentives and penalties are designed to do just that.

Smoky vehicles and industry emissions are a particular focus. There are also ‘anti-tampering’ rules which make it an offence to disconnect emissions reduction equipment in a vehicle. The rules are enforced by police and council officers through operations that stop cars for random smoke and tampering inspections.

Tax incentives for public transport users are being investigated by Transport and Infrastructure NSW.

The Protection of the Operations Act 1997 (POEO Act) - which includes the Clean Air Regulation - and the National Environment Protection Measure (NEPM) are the key environment protection legislation.

Several measures to improve air quality have been incorporated within new and existing legislation and regulations. Stricter standards for vehicles and fuels have been introduced, tunnels are being independently assessed and woodsmoke is being targeted.

Policies are also being developed to increase the availability and use of cleaner small engines (such as lawn mowers, hand-held garden equipment and outboard motors) to reduce NOx and VOCs emissions which lead to ozone production.

Improving air quality for the long term means encouraging and motivating polluters to reduce emissions. A range of incentives and penalties are designed to do just that.

Smoky vehicles and industry emissions are a particular focus. There are also ‘anti-tampering’ rules which make it an offence to disconnect emissions reduction equipment in a vehicle. The rules are enforced by police and council officers through operations that stop cars for random smoke and tampering inspections.

Tax incentives for public transport users are being investigated by Transport and Infrastructure NSW.

The Protection of the Operations Act 1997 (POEO Act) - which includes the Clean Air Regulation - and the National Environment Protection Measure (NEPM) are the key environment protection legislation.


Vehicles and fuels

Petrol station

Stricter standards for fuel quality and vehicle emissions are being introduced

Stricter standards for fuel quality and vehicle emissions have been progressively introduced (see list below). These standards and regulations mean emissions of NOx (oxides of nitrogen) from motor vehicles are predicted to fall by 55 per cent between 2002 and 2020.

VOCs (volatile organic compounds) are being addressed through the regulation of petrol volatility and Vapour Recovery programs, while particulates are being targeted through the Diesel Retrofit program.

The Protection of the Environment Operations (Clean Air) Regulation 2010:

  • imposes limits on summer petrol volatility
  • requires vapour capture on service station fuel tanks
  • prohibits emissions of smoke from motor vehicles
  • makes it an offence to disconnect vehicle anti-pollution devices.

Under the regulation, a specialist container transport company was  prosecuted by the Office of Environment and Heritage after its trucks where found to be emitting excessive air impurities on five separate occasions. In October 2009, the company was convicted and fined $80,000 for the five offences by the Land and Environment Court.

The provisions in the regulation complement the following provisions in Commonwealth vehicles and fuel standards.

Petrol station

Stricter standards for fuel quality and vehicle emissions are being introduced

Stricter standards for fuel quality and vehicle emissions have been progressively introduced (see list below). These standards and regulations mean emissions of NOx (oxides of nitrogen) from motor vehicles are predicted to fall by 55 per cent between 2002 and 2020.

VOCs (volatile organic compounds) are being addressed through the regulation of petrol volatility and Vapour Recovery programs, while particulates are being targeted through the Diesel Retrofit program.

The Protection of the Environment Operations (Clean Air) Regulation 2010:

  • imposes limits on summer petrol volatility
  • requires vapour capture on service station fuel tanks
  • prohibits emissions of smoke from motor vehicles
  • makes it an offence to disconnect vehicle anti-pollution devices.

Under the regulation, a specialist container transport company was  prosecuted by the Office of Environment and Heritage after its trucks where found to be emitting excessive air impurities on five separate occasions. In October 2009, the company was convicted and fined $80,000 for the five offences by the Land and Environment Court.

The provisions in the regulation complement the following provisions in Commonwealth vehicles and fuel standards.

  • The Commonwealth Motor Vehicle Standards Act 1989 enforces vehicle emission standards for new cars as set in the Australian Design Rules.
  • The Commonwealth Motor Vehicle Standards Act 2000 establishes national environment standards for motor vehicle fuels.
  • The Fuel Standard (Petrol) Determination 2001 sets standards for fuel quality and recently changed the benzene content of petrol from 2.5 per cent to a maximum of one per cent.
  • The Commonwealth Motor Vehicle Standards Act 1989 enforces vehicle emission standards for new cars as set in the Australian Design Rules.
  • The Commonwealth Motor Vehicle Standards Act 2000 establishes national environment standards for motor vehicle fuels.
  • The Fuel Standard (Petrol) Determination 2001 sets standards for fuel quality and recently changed the benzene content of petrol from 2.5 per cent to a maximum of one per cent.

Tunnels

All major urban road tunnels require an independent assessment by the NSW Department of Planning and approval by the NSW Minister for Planning before their construction and operation.

All existing road tunnels have strict guidelines that specify emission limits and monitoring requirements. Air quality monitors in and outside the tunnels constantly measure the presence of carbon monoxide, nitrogen dioxide, fine particles and visibility levels. Tunnel air quality is monitored 24 hours per day. It is managed by ventilating the tunnels with fresh air which dilutes the pollutants emitted from vehicles as they travel through the tunnels. Large fans push the air along the tunnels and expel the polluted air via the ventilation outlet(s). The height of the ventilation outlets and the speed at which it is expelled from the outlet ensures that the tunnel air is well dispersed. This prevents pollutants from accumulating at the ground around the ventilation outlets.

For more information on air quality in Sydney’s tunnels visit the RTA Building Sydney Motorways site.

All major urban road tunnels require an independent assessment by the NSW Department of Planning and approval by the NSW Minister for Planning before their construction and operation.

All existing road tunnels have strict guidelines that specify emission limits and monitoring requirements. Air quality monitors in and outside the tunnels constantly measure the presence of carbon monoxide, nitrogen dioxide, fine particles and visibility levels. Tunnel air quality is monitored 24 hours per day. It is managed by ventilating the tunnels with fresh air which dilutes the pollutants emitted from vehicles as they travel through the tunnels. Large fans push the air along the tunnels and expel the polluted air via the ventilation outlet(s). The height of the ventilation outlets and the speed at which it is expelled from the outlet ensures that the tunnel air is well dispersed. This prevents pollutants from accumulating at the ground around the ventilation outlets.

For more information on air quality in Sydney’s tunnels visit the RTA Building Sydney Motorways site.

Smoky vehicles

A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds.

A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds.

The Smoky Vehicle Enforcement Program aims to reduce vehicle emissions by fining owners who don't properly maintain their vehicles. A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds. More often than not, this can be fixed by tuning the vehicle.

The streets and highways of NSW are patrolled by officers trained in smoky vehicle observation and reporting.

Commercial vehicles are a particular focus since these are usually used more intensively than privately owned vehicles and they can emit far more pollution. The owner of a smoky commercial vehicle can be fined up to $400.

Those who fail to repair their vehicles as directed risk Defective Vehicle Notices and court action.

The Office of Environment and Heritage website has more details on smoky vehicles, including how to report a smoky vehicle.

A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds.

A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds.

The Smoky Vehicle Enforcement Program aims to reduce vehicle emissions by fining owners who don't properly maintain their vehicles. A smoky vehicle is any motor vehicle that emits visible smoke continuously for over ten seconds. More often than not, this can be fixed by tuning the vehicle.

The streets and highways of NSW are patrolled by officers trained in smoky vehicle observation and reporting.

Commercial vehicles are a particular focus since these are usually used more intensively than privately owned vehicles and they can emit far more pollution. The owner of a smoky commercial vehicle can be fined up to $400.

Those who fail to repair their vehicles as directed risk Defective Vehicle Notices and court action.

The Office of Environment and Heritage website has more details on smoky vehicles, including how to report a smoky vehicle.



Industry emissions

Industry

Occupiers of industrial and commercial premises must comply with air emission standards prescribed by regulations

Under Part 5.4 (Sections 124–135) of the Protection of the Environment Operations (POEO) Act 1997 occupiers of non-residential premises are obliged to prevent air pollution caused by failing to operate or maintain a plant, carry out work or deal with materials in a proper and efficient manner.

Occupiers of non-residential premises must comply with air emission standards prescribed by regulations. The Protection of the Environment Operations (Clean Air) Regulation: 

  • sets concentration limits for air pollution
  • tightened controls in 2005
  • broadened controls to include VOC emissions
  • broadened controls to include requirements to meet the latest standards when replacing or modifying old equipment.

Load-based licensing has been introduced to reduce pollution below required levels. There are additional licence fees for major emitters based on pollution load. The fees for emitting air pollutants were increased in 2004 by approximately 45 per cent for the state's top 10 emitters, providing increased incentive to keep air emissions to a minimum.

Air quality impact assessments must be conducted using approved statutory methods.

The regulation has assessment criteria for more than 80 air toxics, new industrial facilities and significant modifications to existing facilities.

Learn about limits to emissions from industry and environment protection licenses on the Office of Environment and Heritage website.

Industry

Occupiers of industrial and commercial premises must comply with air emission standards prescribed by regulations

Under Part 5.4 (Sections 124–135) of the Protection of the Environment Operations (POEO) Act 1997 occupiers of non-residential premises are obliged to prevent air pollution caused by failing to operate or maintain a plant, carry out work or deal with materials in a proper and efficient manner.

Occupiers of non-residential premises must comply with air emission standards prescribed by regulations. The Protection of the Environment Operations (Clean Air) Regulation: 

  • sets concentration limits for air pollution
  • tightened controls in 2005
  • broadened controls to include VOC emissions
  • broadened controls to include requirements to meet the latest standards when replacing or modifying old equipment.

Load-based licensing has been introduced to reduce pollution below required levels. There are additional licence fees for major emitters based on pollution load. The fees for emitting air pollutants were increased in 2004 by approximately 45 per cent for the state's top 10 emitters, providing increased incentive to keep air emissions to a minimum.

Air quality impact assessments must be conducted using approved statutory methods.

The regulation has assessment criteria for more than 80 air toxics, new industrial facilities and significant modifications to existing facilities.

Learn about limits to emissions from industry and environment protection licenses on the Office of Environment and Heritage website.



Woodsmoke

Wood heater

Tampering with heaters and falsifying compliance is prohibited.
Image courtesy of  Rosie Nicolai

Requirements relating to domestic solid fuel heaters are set out in Part 2 of the Protection of the Environment Operations (Clean Air) Regulation 2010. The regulation:

  • targets domestic slow combustion solid fuel heaters. These have the potential to emit significant amounts of smoke if not designed and operated correctly.
  • requires heater models sold in NSW to have a certificate of compliance certifying that it has been tested in accordance with the Australian Standard, and be marked accordingly.
  • prohibits tampering with heaters and falsifying compliance.
Wood heater

Tampering with heaters and falsifying compliance is prohibited.
Image courtesy of  Rosie Nicolai

Requirements relating to domestic solid fuel heaters are set out in Part 2 of the Protection of the Environment Operations (Clean Air) Regulation 2010. The regulation:

  • targets domestic slow combustion solid fuel heaters. These have the potential to emit significant amounts of smoke if not designed and operated correctly.
  • requires heater models sold in NSW to have a certificate of compliance certifying that it has been tested in accordance with the Australian Standard, and be marked accordingly.
  • prohibits tampering with heaters and falsifying compliance.

Environment protection legislation

The Protection of the Environment Operations (Clean Air) Regulation 2010 covers:

  • Domestic solid fuel heaters (Part 2)
    Requires new woodheaters sold in NSW to comply with requirements in the current relevant Australian Standard and prohibits a person from tampering with such heaters.
  • Control of burning (Part 3)
    Covers a range of controls on burning in the open, including a framework for councils to exercise a level of control appropriate to local conditions. This is achieved by councils nominating their local government area (LGA) for listing on Schedule 8 of the Regulation.
  • Motor vehicles and motor vehicle fuels (Part 4)
    Controls:
    • emission of air impurities (including excessive smoke) from motor vehicles
    • compulsory fitting and maintenance of anti-pollution devices
    • method of transfer of petrol into a vehicle’s fuel tank
    • summer petrol volatility limits in the NSW greater metropolitan region.
  • Industrial air emissions (Part 5)
    • Sets maximum limits on emissions from activities and plant for a number of substances (solid particles, oxides of nitrogen, volatile organic compounds, chlorine, fluoride, sulfur, metals, cadmium, mercury and dioxins or furans).
    • Imposes operational requirements for certain afterburners, flares, vapour recovery units and other treatment plants.
  • Storage of volatile organic liquids (Part 6)
    Specifies requirements for the transport and storage of volatile organic liquids.
  • Sulfur content of liquid fuel (Part 6)
    Restricts the use of high sulphur liquid fuel.

The Protection of the Environment Operations (Clean Air) Regulation 2010 covers:

  • Domestic solid fuel heaters (Part 2)
    Requires new woodheaters sold in NSW to comply with requirements in the current relevant Australian Standard and prohibits a person from tampering with such heaters.
  • Control of burning (Part 3)
    Covers a range of controls on burning in the open, including a framework for councils to exercise a level of control appropriate to local conditions. This is achieved by councils nominating their local government area (LGA) for listing on Schedule 8 of the Regulation.
  • Motor vehicles and motor vehicle fuels (Part 4)
    Controls:
    • emission of air impurities (including excessive smoke) from motor vehicles
    • compulsory fitting and maintenance of anti-pollution devices
    • method of transfer of petrol into a vehicle’s fuel tank
    • summer petrol volatility limits in the NSW greater metropolitan region.
  • Industrial air emissions (Part 5)
    • Sets maximum limits on emissions from activities and plant for a number of substances (solid particles, oxides of nitrogen, volatile organic compounds, chlorine, fluoride, sulfur, metals, cadmium, mercury and dioxins or furans).
    • Imposes operational requirements for certain afterburners, flares, vapour recovery units and other treatment plants.
  • Storage of volatile organic liquids (Part 6)
    Specifies requirements for the transport and storage of volatile organic liquids.
  • Sulfur content of liquid fuel (Part 6)
    Restricts the use of high sulphur liquid fuel.

National Environment Protection Measure for Ambient Air Quality (AAQ NEPM):

  • sets the national air quality standards for carbon monoxide, nitrogen dioxide, sulfur dioxide, lead, particulates and ozone.
  • has been developed by governments in consultation with health professionals, environmental groups and the community and launched in June 1998.
  • extends to the NEPM Air Monitoring Plan for NSW which details how the state will comply with the goals of the AAQNEPM.

Air Toxics National Environment Protection Measure (Air Toxics NEPM):

  • A national framework for monitoring, assessing and reporting the concentrations of selected air toxics set up in 2004. These include formaldehyde, toluene, xylene, benzene and polycyclic aromatic hydrocarbons (PAHs). 
  • Identifies monitoring sites where there is a likelihood of significant population exposure to elevated concentrations of the five pollutants.

Diesel National Environment Protection Measure (Diesel NEPM):

  • Provides a framework to manage diesel emissions and a range of programs to reduce pollution from diesel vehicles.
  • Complements the revised vehicle emission and fuel quality standards.
  • Developed after research showed that effective regular maintenance considerably reduced emissions from diesel vehicles, including older vehicles.

National Environment Protection Measure for Ambient Air Quality (AAQ NEPM):

  • sets the national air quality standards for carbon monoxide, nitrogen dioxide, sulfur dioxide, lead, particulates and ozone.
  • has been developed by governments in consultation with health professionals, environmental groups and the community and launched in June 1998.
  • extends to the NEPM Air Monitoring Plan for NSW which details how the state will comply with the goals of the AAQNEPM.

Air Toxics National Environment Protection Measure (Air Toxics NEPM):

  • A national framework for monitoring, assessing and reporting the concentrations of selected air toxics set up in 2004. These include formaldehyde, toluene, xylene, benzene and polycyclic aromatic hydrocarbons (PAHs). 
  • Identifies monitoring sites where there is a likelihood of significant population exposure to elevated concentrations of the five pollutants.

Diesel National Environment Protection Measure (Diesel NEPM):

  • Provides a framework to manage diesel emissions and a range of programs to reduce pollution from diesel vehicles.
  • Complements the revised vehicle emission and fuel quality standards.
  • Developed after research showed that effective regular maintenance considerably reduced emissions from diesel vehicles, including older vehicles.

 
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