National Environmental Standards for Air Quality

The National Environmental Standards for Air Quality came into effect on 8 October 2004 with amendments in December 2004, July 2005, November 2008, and June 2011. Information on the amendments can be found here. The Standards aim to guarantee a minimum level of health protection for all New Zealanders. 4351   A rule, resource consent or bylaw may set out more stringent requirements. 4352

The National Environmental Standards for Air Quality contain:

  • Standards banning activities that discharge significant quantities of toxins
  • Standards for ambient outdoor air quality
  • Standards for new wood burners in urban areas
  • Standards for large landfills to collect greenhouse gas emissions

Prohibited Activities

A discharge of a contaminant to air from the following specified activities is prohibited 4353  and resource consent cannot be granted unless a specified exception applies 4354 .

Regulation

Activity

Exception

6

Lighting of fires and burning of waste at a landfill

Unless the fire is to control gas formed at the landfill and the landfall complies with the requirements to control greenhouse gas emissions.

7

Burning of tyres

Unless the tyres are burnt at industrial and trade premises that have resource consent for the discharge produced and emission control equipment to minimise emissions of dioxins and other toxins.

8

Burning of bitumen on a road

No exceptions

9

Burning of wire coated with any material

Unless the wire is burnt at industrial and trade premises that have resource consent for the discharge produced and emission control equipment to minimise emissions of dioxins and other toxins, or
Unless the wire is part of a building that is burnt for the purpose of training firefighters.

10

Burning of oil in the open air

- Unless the burning is for creating special smoke and fire effects for the purposes of producing films, or
- Unless the burning is for the purpose of training firefighters, or
- Unless the burning is done by means of a flare, and for the purpose of undertaking health and safety procedures in the petroleum industry or the petrochemical industry, and expressly allowed by resource consent.

11

Incinerators at schools and healthcare institutions

Unless resource consent has been granted for the discharge produced.

12

High-temperature hazardous waste incinerators

- Unless the incinerator is a crematorium, or
- Unless the incinerator is operating at one of three listed locations.

Ambient Air Quality Standards for Contaminants

The ambient (or outdoor) standards are the minimum requirements that outdoor air quality should meet in order to guarantee a set level of protection for human health and the environment. 

Standards for Particulate Matter, Carbon Minoxide, Nitrogen Dioxide, Ozone and Sulpher Dioxide

Particulate Matter, Carbon Minoxide, Nitrogen Dioxide, Ozone and Sulpher Dioxide are all contaminants released into the air from both anthropogenic and natural sources that have adverse effects on human health: 4364

  • Particulate Matter: Main source is home heating emissions from the burning of coal and wood. It is associated with cardiac and respiratory effects and premature death.
  • Carbon Minoxide: Main sources are from the incomplete combustion of fossil fuels and tobacco smoke.  It interferes with the blood’s ability to absorb and circulate oxygen.
  • Nitrogen Dioxide: Main source is the combustion of fossil fuels especially petrol used in cars.  It interferes with the respiratory system through decreasing the lungs’ defences against bacteria.
  • Ozone: Is formed by a chemical reaction between primary pollutants which come mainly from motor-vehicle emissions.  It has wide ranging diseases included respiratory and cardiovascular disease.
  • Sulpher Dioxide: Is produced mainly from the combustion of sulphur containing fossil fuels such as coal and oil.  It is also produced by some industrial processes such as fertiliser manufacturing.  Geothermal activity is a natural source.  It can cause significant respiratory problems.

The ambient air quality standards for these contaminants (set out below) must not be exceeded in an airshed unless the exceedance is a permissible exceedance under the NES standards. 4365   The standards apply at any place in an open part of an airshed where people are likely to be exposed to the contaminant.  However, the standards do not apply to a site where a discharge of a contaminant is expressly allowed by resource consent. 4366

Contaminant

Ambient Air Quality Standard

Permissible Exceedance

Carbon monoxide

10 milligrams per cubic metre expressed as a running 8-hour mean

1 exceedance per 12-month period 

Nitrogen dioxide

200 micrograms per cubic metre expressed as a 1-hour mean

9 exceedances per 12-month period 

Ozone

150 micrograms per cubic metre expressed as a 1-hour mean

None

PM10

50 micrograms per cubic metre expressed as a 24-hour mean

1 exceedance per 12-month period 

Sulphur dioxide

350 micrograms per cubic metre expressed as a 1-hour mean

9 exceedances per 12-month period

Sulphur dioxide

570 micrograms per cubic metre expressed as a 1-hour mean

None

Resource consents

A consent authority must decline a resource consent application to discharge carbon monoxide, oxides of nitrogen or volatile organic compounds into air if: 4375

  • the discharge is likely to cause a breach of the relevant ambient air quality standard, and
  • the discharge is likely to be a principal source of that gas in the air shed.

A consent authority must decline a resource consent application to discharge sulphur dioxide into air if the discharge is likely to cause a breach of the sulphur dioxide ambient air quality standard. 4376

Standards for Particulate Matter – PM10 and PM2.5

Both internationally, and in New Zealand, particulate matter is a pollutant of particular concern.  PMor ‘particulate matter’ is a collective term to describe very small solid particles and/or liquid aerosols in the air such as dust, smoke or fog.  These are invisible particles, and the smaller the particle the more serious the health effect.  Overall From an air quality management perspective the most important aspect of particulate matter air pollution is that there is no threshold concentration below which health effects do not occur (this is also the case with ozone and lead, two other pollutants of interest)  as a result the setting of air quality criteria becomes difficult.

PM10  is the abbreviation used to describe particles less than 10 micrometres in diameter.  In New Zealand monitoring of PM10 is mandatory.  Overall our PM10 concentrations are low compared with other countries and from 2006 – 2013 our annual average PM10 concentration decreased 8 percent – a statistically significant increase.  This is likely due to stricter controls and monitoring on emissions and a shift towards ‘cleaner’ home heating. 4377

For the past 15 years of so, the international focus in relation to particulate matter has been on PM2.5 (particles with an aerodynamic diameter less than 2.5 microns).  In simple terms PM10  refers to “course” particles and PM2.5 refers to “fine” particles.  At present, and in contrast to most jurisdictions and the WHO, New Zealand focuses predominantly on PM10.  PM2.5 monitoring is not mandatory under the NES and is only monitored at 10 sites in the Auckland, Wellington and Canterbury regions. 4378   Although there have been several reports (such as the report of the Ministerial Technical Advisory Group for Air Quality 4379 ) recommending the foci be changed.  As a result, there is also a general paucity of air quality monitoring for PM2.5 in New Zealand (with Auckland being a notable exception).

There is some concern amount experts regarding the National Environmental Standard’s regulation of particulate matter, in particular its use of PM10 over PM2.5  and of a daily average measurement instead of a long term average (for example an annual average or in areas with marked seasonable variation a three month average).

Relative Size of Particulate Matter
Source: Ministry for the Environment. 

The threshold for concentration for PM10 is 50 micrograms per cubic metre expressed as a 24 hour mean. 4381  An airshed is classified as a ‘polluted airshed’ when it has an average exceedance more than once in a 12 month period, calculated over 5 years. 4382   However, the NES includes staggered transitional periods.  This means that up until September 2020 when the transitional periods end a greater number of exceedances are allowed:

Average number of exceedances per year for the 5 years prior to 1 September 2011

Transitional period

Number of exceedances allowed

2-9

1 September 2011 to 31 August 2016

Unlimited

1 September 2016 onwards

1 exceedance per 12 months 

10+

1 September 2011 to 31 August 2016

Unlimited

1 September 2016 to 31 August 2020

3 exceedances per 12 months

1 September 2020 onwards

1 exceedance per 12 months

Example: On 1 September 2011, an airshed has meaningful PM10 data 4391  for four 12-month periods in the 5-year period ending on 31 August 2011. There were 42 exceedances of PM10 in the airshed in those four 12-month periods. The airshed's average exceedances of PM10 per year is 10.5. The airshed is therefore (for certain purposes) allowed unlimited exceedances of PM10 from 1 September 2011 to 31 August 2016 and allowed 3 exceedances of PM10 in a 12-month period from 1 September 2016 to 31 August 2020.The PM10 standard requires that from 1 September 2020  airsheds are allowed to have 1 exceedance of PM10 in a 12-month period. 

Resource Consents

A consent authority must decline a resource consent application to discharge PM10 if the discharge would be likely to increase the concentration of PM10  by more than 2.5mg per cubic metre in a polluted airshed 4392  outside the site on which the consent would be exercised. 4393   This requirement is subject to two exceptions and does not apply if:

  • The proposed consent is for the same activity and same site as an existing consent, the discharge is the same or less as the existing consent, and the discharge under the new consent will begin only after those under the existing consent have ceased, or
  • The amount of pollutant to be discharged by new consent will be matched by an equivalent or greater discharge reduction under the existing consent.

Regulation across all contaminants

Monitoring

Regional councils must monitor air quality if it is likely the ambient air quality standard for a contaminant will be breached.  Monitoring must be carried out in a part of the airshed where there are people and the standard is most likely to be breached by the greatest margin or the most frequently.   It must be carried out in accordance with specified monitoring methods. 4394

Notification

Regional councils must give public notice if the ambient air quality standard for a contaminant is breached in an airshed in its region.  Notice must be given at least once a month until the standard is no longer being breached. 4395

Exceptional Circumstances

Regional councils may apply to the Minister for a decision that an exceedance of an ambient air quality standard was caused by exceptional circumstances beyond the control of the regional council.  If the Minister decides the exceedance was caused by exceptional circumstances it must be ignored in determining whether the ambient air quality standard has been breached in the airshed (except for the purposes of the requirement to give public notice). 4396

Specifically regulated activities

Woodburners

A woodburner installed after 1 September 2005 in a building on a property under 2 hectares in size must comply with a design standard and a thermal efficiency standard. If a woodburner does not comply with those standards, the discharge of particles to air from the woodburner is prohibited. 4397

Woodburners

 

Design Standard

A discharge of less than 1.5 gram of particles for each kilogram of dry wood burnt. 4401

Thermal Efficiency Standard

The ratio of useable heat energy output to energy input must be not less than 65%. 4402

If the PM10 standard is breached in an airshed the regional council must give public notice that new domestic solid-fuel burning open fires will be prohibited from a date 12 months after the date of the breach. 4405

Landfills

The National Environmental Standards for Air Quality include controls for landfills with a total capacity of 1 million tonnes or more, containing 200,000 tonnes of waste or more, and accepting waste likely to consist of 5% or more (by weight) of putrescible or biodegradable matter. 4406

The discharge of gas to air from a landfill is prohibited unless: 4407

  • The landfill has a system for the collection of gas to ensure any discharge of gas does not exceed 5,000 parts of methane per million parts of air, and
  • The gas is flared (and meets specified requirements 4408 ), or
  • The gas is used as a fuel or for generating electricity.

Regional Policy Statements

Regional Councils are required to prepare a regional policy statement 4409  setting out objectives, policies and methods for addressing the resource management issues of the region. 4410  It is expected that regional policy statements will address air quality, usually by including a specific air quality chapter.

Example: Canterbury Regional Policy Statement 4412

Objective 14.2.1 — Maintain or improve ambient air quality

Maintain or improve ambient air quality so that it is not a danger to people’s health and safety, and reduce the nuisance effects of low ambient air quality

Policy 14.3.1 – Maintain and improve ambient air quality

In relation to ambient air quality:

(1) To set standards to maintain ambient air quality in Canterbury based on concentrations of contaminants that cause adverse health effects and nuisance effects.
(2) Where existing ambient air quality is higher than required by the standards set, to only allow the discharge of contaminants into air where the adverse effects of the discharge on ambient air quality are minor.

Methods

The Canterbury Regional Council:

Will:

(1) Set out objectives, policies and methods in regional plans to control the discharge to air of contaminants, including setting standards that at least achieve the requirements of any national environmental standards or resource management regulations promulgated by central government.
(2) In consultation with industry, Ngāi Tahu as tāngata whenua, territorial authorities and other interested parties, develop a framework for managing industry offsets in terms of the National Environmental Standard for Air Quality, and if appropriate, initiate a plan change.
(3) To give priority to ensuring that PM10 ambient air quality improvements are achieved in Rangiora, Kaiapoi, Christchurch, Ashburton, Timaru, Geraldine and Waimate.

Should:

(1) Engage with territorial authorities, Ngāi Tahu as tāngata whenua, interested parties and the community about how to maintain or improve ambient air quality.
(2) As appropriate, provide financial assistance and incentives in areas with low ambient air quality in order to meet the ambient air quality standards.

Regional Plans

Regional Councils may prepare a regional plan setting out objectives, policies and rules to address air quality issues. 4413  The RMA restricts the ability of Regional Councils to controls discharges to air for the purposes of mitigating climate change: 4414

… when making a rule to control the discharge into air of greenhouse gases …  a regional council must not have regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either (a) in absolute terms; or (b) relative to the use and development of non-renewable energy.

Example – Canterbury Regional Plan

Rule AQL72 Aerial application of agrichemicals – permitted activity

Discharge of agrichemicals into air by aerial application, is a permitted activity.

Conditions:

1. The application of the agrichemical shall be undertaken in a manner that does not exceed any rate specified in the agrichemical manufacturer’s instructions.
2. By 1 January 2003, pilots undertaking the application of agrichemicals shall hold a current GROWSAFE® Pilots Agrichemical Rating, issued by the New Zealand Agrichemical Education Trust in accordance with New Zealand Standard 8409:1999, or an equivalent nationally recognised qualification and loaders and ground crew shall hold a current introductory GROWSAFE® Certificate, endorsed with “Aerial Application Ground Crew”, or an equivalent nationally recognised qualification.
3. The discharge of the odour beyond the boundary of the site shall not be noxious, dangerous, offensive or objectionable to such an extent that it has an adverse effect on the environment.
4. The dispersal or deposition of agrichemical particles shall not cause a noxious, dangerous, offensive or objectionable effect beyond the boundary of the property on which the agrichemicals are applied.
5. The owner or occupier of the property upon which spraying is to be undertaken must provide advance notification of the spraying to the owner or occupier of any adjoining property:

(a) on which a sensitive activity or an agrichemical spray sensitive crop or farm system is located within 100 metres of the aerial application.
(b) on which a person resides within 100 metres of the area where agrichemicals are to be sprayed, where that person has requested that he or she be notified of agrichemical spraying on the property.

6. Advanced notification of spraying must be given by providing the adjoining owner or occupier with either:

(a) written notification of each spraying application, at least one week prior to each application, such notification shall include:

(i) the application target area; and
(ii) the agrichemical(s) to be used; and
(iii) the reason for use; and
(iv) the intended date(s) of application; and
(v) the duration of application; and
(vi) the name and contact phone number of those intending to carry out the agrichemical application; and
(vii) where or how further information can be obtained; or

(b) if requested by the adjoining owner or occupier, a written annual or seasonal property spray plan, at the beginning of each year or spray season, such a written plan may be in the form identified in Appendix AQL6, but shall include:

(i) a list of immediate neighbours, and their contact phone numbers; and
(ii) details of road boundaries, especially for roads used by school children; and
(iii) identification of sensitive areas (location and type), and the strategies employed to avoid contamination of those areas; and
(iv) the application target area; and
(v) the duration of application; and
(vi) the crop(s) or vegetation to be sprayed; and
(vii) the reason for use; and
(viii) the agrichemical(s) likely to be used; and
(ix) the likely number of spray applications to be made during the year or season; and
(x) the name and contact phone number and address of the operator carrying out the aerial spraying; and
(xi) where and how further information can be obtained.

7. The minimum requirement for notice of the details specified in condition 6 are not required in the following situations:

(a) where other notification arrangements have been mutually agreed in writing between the owner or occupier of an adjoining property who has requested notification before the spraying takes place. In this situation, the notification arrangements which have been mutually agreed upon must be adhered to; or
(b) where the weather conditions are such that subsequent risk of disease or insect pressure places any crop at risk of damage. In this situation, notification may be either verbal or written, and must take place no less than two hours before the spraying takes place.

8. A copy of a property spray plan as specified under condition 6, or the agrichemical application use record sheet must be kept by the owner or occupier of the property upon which agrichemicals are applied for a minimum of 24 months from when the property spray plan was developed and provided to Environment Canterbury upon request within 7 days of the request. An agrichemical application use record sheet shall include:

(a) location of agrichemical application; and
(b) date and time of agrichemical application; and
(c) the name and type of agrichemicals applied, including any additives; and
(d) concentration and volume of agrichemical used; and
(e) weather conditions, including wind speed and direction; and
(f) application method; and
(g) location of sensitive areas and sensitive activities; and
(h) how notification requirements have been met; and
(i) details of any abnormal situation or incident, and any action taken, including any variations to the property spray plan.

Rule AQL73 Application of agrichemicals not identified in Rules AQL70 to AQL72 – discretionary activity

Discharge of agrichemicals into air that does not comply with the conditions of Rules AQL70 to AQL72 is a discretionary activity.

District Plans

Territorial authorities are required to prepare a district plan setting out objectives, policies and rules managing land use and subdivision. 4416  Relevant considerations are sensitivity and reverse sensitivity effects: protecting sensitive activities (e.g. residential activities) from air pollution and potentially protecting existing polluting industries from constraints imposed by new sensitive development. 4417

Resource Consents

Applications for resource consents for discharges to air are assessed in the normal manner. Considerations include Part 2 matters, the actual and potential effects on the environment, and relevant policy statements and plans.

The RMA restricts the ability of local authorities to consider climate change when considering an application for resource consent to discharge greenhouse gases: 4418

When considering an application for a discharge permit or coastal permit to … discharge into air of greenhouse gases, a consent authority must not have regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either (a) in absolute terms; or (b) relative to the use and development of non-renewable energy.

A Non-legislative Feature: Good Practice Guides

A feature of air quality management in New Zealand is the use of Good Practice Guides issued by the Ministry for the Environment.  

Eight Good Practice Guides have been prepared, on the following topics:

  • Preparing Emissions Inventories, June 2001
  • Monitoring and Management of Visibility in New Zealand, August 2001
  • Assessing and Managing Dust, November 2016
  • Assessing and Managing Odour, November 2016
  • Atmospheric Dispersion Modelling, June 2004
  • Assessing Discharges to Air from Industry, November 2016
  • Assessing Discharges to Air from Land Transport, June 2008
  • Air Quality Monitoring and Data Management, April 2009

  1. http://mfe.govt.nz/laws/standards/air-quality/index.html

  2. Regulation 28, National Environmental Standards for Air Quality

  3. Regulation 4, National Environmental Standards for Air Quality

  4. Regulation 5, National Environmental Standards for Air Quality

  5. Section 3.2 MFE NES Air Quality Users Guide 2011.

  6. Regulation 13, National Environmental Standards for Air Quality

  7. Regulation 14, National Environmental Standards for Air Quality

  8. Regulation 20, National Environmental Standards for Air Quality

  9. Regulation 21, National Environmental Standards for Air Quality

  10. Environment Aotearoa 2015 – State of the Environment Report – September 2015, MfE & Statistics NZ at page 31-36.

  11.  Environment Aotearoa 2015 – State of the Environment Report – September 2015, MfE & Statistics NZ at page 36.

  12. “Getting the Balance Right”, the report of the Ministerial Technical Advisory Group for Air Quality, available at http://www.mfe.govt.nz/publications/air/air-quality-%E2%80%93-getting-balance-right-report-technical-advisory-group-national-air-18

  13. Schedule 1, National Environmental Standards for Air Quality.

  14. Regulation 17(4) National Environmental Standards for Air Quality. 

  15. Regulation 16C, National Environmental Standards for Air Quality defines ‘meaningful data’

  16. Polluted airshed is defined in the Regulation.

  17. Regulation 17, National Environmental Standards for Air Quality

  18. Regulation 15, National Environmental Standards for Air Quality

  19. Regulation 16, National Environmental Standards for Air Quality

  20. Regulation 16A, National Environmental Standards for Air Quality

  21. Regulation 22, National Environmental Standards for Air Quality

  22. Regulation 23, National Environmental Standards for Air Quality

  23. Regulation 24, National Environmental Standards for Air Quality

  24. Regulation 24A, National Environmental Standards for Air Quality

  25. Regulation 25, National Environmental Standards for Air Quality

  26. Regulation 26, National Environmental Standards for Air Quality

  27. Regulation 27, National Environmental Standards for Air Quality

  28. Section 60 RMA

  29. Section 59 RMA

  30. http://ecan.govt.nz/publications/Plans/crps-chapter14.pdf

  31. Section 65 RMA

  32. Section 70A RMA

  33. Section 73 RMA

  34. http://www.qualityplanning.org.nz/images/documents/plan_topics/Air_Quality/Air_Quality_-_Plan_Topics.pdf

  35. Section 104E RMA 

  36. Rolfe, “Recommended Amendments to the Ambient Air Quality Guidelines 1994”, A Report prepared for the Ministry for the Environment as part of the Review of the Ambient Air Quality Guidelines, Air Quality Technical Report No. 23, October 2000, available from https://www.mfe.govt.nz/sites/default/files/ambient-air-amendments-oct00%20%281%29.pdf

  37. Regulation 17(2), National Environmental Standards for Air Quality 

  38. Regulation 17(3), National Environmental Standards for Air Quality 

Last updated at 11:48AM on November 23, 2017