National Environmental (Air Quality) Regulations, 2014. S.I. no. 64/2014

Exfr{lordinary Federal Republic of Nigeria Official Gazette No. 142 Lagos - 26th December, 2014 Vol.101 Government Notice No. 225 The following is published as supplement to this Gazette: S.L No. Short Title Page 64 National Environmental (Air Quality Control) Regulations, 2014 .. .. B827-850 Printed and Published by The Federal Government Printer, Lagos, Nigeria FGP 154/ I 02015/300 Annual Subscription from I st January, 2015 is Local : N25,000.00 Overseas :. N37,500.00 [Surface Mail] N-49,500.00 [Second Class Air Mail}. Present issue N2,000.00 per copy. Subscribers who wish to obtain Ga=ette after I st January should apply to the Federal Govermnent Printer, Lagos for amended Subscriptions. NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007" NATIONAL ENVIRONMENTAL (AIR QUALITY CONTROL) REGULATIONS; 2014 ARRAKGEMENT OF REGULATIONS Regulation : PART 1-.-CiENERAL PROVISIONS I. Purpose. 2·. Scope. 3 . Application. PART II-EMISSIONS FROM STATIONERY SOURCES 4. Proftibitionoflnstallations. 5. Accidental Discharge of Pollutants. 6. Maximum Air Contaminants Concentrations. 7. Prohibition of Two Stroke Engines. 8. Metals and Metallic.Compounds. 9. Information on Emission of Criteria Pollutants. 10. Pollution Abatement Technologies. • 11. Stack Specifications. 12. Prohibition to Bum. 13. Environmental Impact Assessment (EIA) and Environmental • Management Plan (EMP). PART III-EMISSIONS FROM MOBILE SOURCES 14. Categories of Mobile Sources of Emission. 15. Emissions from Vehicfes. 16. Conflict Resolution. 17. Two-Stroke Engine Ban. PART IV-CONTROL OF INDOOR AIR POLLUTION JN OFFICES, PUBLIC PLACES AND HOMES 18. Maximum Concentrations in Offices and Public Places. 19. Maximum Concentrations in Homes. 20. Building Requirements. 21. Banned Pesticides. 22. Power Generatrng Sets. 23. Provision of Exhaust Chimney. B 827 B 828 24. Prohibition of Smoking. PART V-fa11SSI0NS FR0\1 O11-lER SOURCES-FUEL ADDITIVES, ETC. 25. Fuel Additives. 26. Control of Fugitive Particulate Matter. · 27. Ozone Depleting Substances (ODS) Alternatives. 28. Agrochemicals Handling. 29. Renewable Energy. 30. Quarrying Operations. 31. Mining Operations . . PART VI-AMBIENT AIR QUALITY STANDARDS 32. Operations oflndustrial Plants or FaciHties. 33. Ambient Air Quality Standards. PART VU-CONTROL OF ODOUR 34. Control of Odour. • 35. Odour Detection Threshold. PART VIII-ENFORCEMENT 36. Etiforcement Notices. 37. Enforcement of Notice Reminder. 38. Power to Enter and Seal Facility or Premises. PART IX-PERMIT 39. Permit. PART X-0FFENCES AND PENALTlES 40. Offences and Peiialties. PART Xl-MISCELLANEOUS PROVISIONS 41. Interpretation. 42. Citation. SCHEDULES S. I. No. 64 of 2014 NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (AIR QUALITY CONTROL) REGULATIONS, 2014 In exercise of the powers conferred on me by section 34 of the National • Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 and all other-powers enablif1g me in tbat behalf, I, MRS LArnE~TI..\ L..\ll.\BA-MALLAll1 Honourable Minister of Environment, hereby make the following Rcgulations B 829 [9th Day of December, 2014] Commen(.-e PART {--GENERAL PROVISIONS 1. The purpose of these Regulations is to provide for­ (a) for improved control of the nation's air quality to such an extent that would enhance the protection of flora and fauna, human health, and other resources affected by air quality deteriorations. (b) all users, the rightto (i) dean air ; (ii) utilize and benefit from all natural resources managed according to tl1e principles of sustainable development ; (iii) be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely .notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; and (c) the .clean-up and rehabilitation of the affected area. 2. The Scope of these Regulations includes provision for­ (a) maximum permissible limit values for certain pollutants in the air, avoid, prevent or reduce harmful effects on the environment and human health; . (b) the assessment and min.imization of emissions from point, area and line sources; (c) adequate infonnation on emissions, ambient air concentrations of pollutants in the air, as well as airqualitytrends spatially and temporary; and (d) measures to enhance improvements in emissions and ambient air quality. ment. Purpose. Scope. 3. These Regulations shall apply to Point, Mobile and Area sources of Application. air pollution, as well as Indoor and Ambient air quality control. • B830 Prohibition of Installations. Accidental Discharge of Pollutants. Maximum "Aii Contaminants Cona:ntmtion. Prohibition ofTwo­ Stroke Engines. Metals and Metallic Compounds. • Information on Emissions of Crm:£ia Pollutants. Pollution Abatement Technologies. Stack Specilkations. PART II EMISSIONS FROM STATIONARY SOURCES 4.-(1) Except with the written approval of the Agency, a person shall not install a new equipment as described in Schedule- l to these Regulations, within the premises· or facHities situate within an area designated as a residential zone having demarcated boundaries which appear in the gazetted local plan prepared. by the appropriate local planning authorities; (2) In the absence of gazetted local plan describ~d in sub-regulation (I) of this regulation, the premises shall mean such facilities situate at least I 00 meters to the nearest dwelling house within- the housing estate. 5. Where any accidental, emergency or unauthorized release or discharge · of a contaminant into the air occurs; the person responsible for the release or discharge shal I within 24 hours inform the Agency in writing as prescribed in Schedule ll to these Regulations. 6. A person shall not discharge contaminants into the air from an industrial source, fuel-burning equ-ipment arid others higher than the concentrations· prescribed in Schedules Ill, IV, V and VI to these Regulations. 7. A person shall not import fuel-combustion equipment ofany kind with two-stroke engine into the country. . . 8. A person trading or operating an industry or process, in which fuel­ burning equipment or industrial plant is used for the heating of metals leading to emissions of particulate matter, shall ensure that the concentration atany point in-stack of particulate matter shall not exceed the standards prescribed in Schedules V and VI to these Regulations. 9. A person operating an industrial ·plant or facility shall forward to the Agency information related to its point source emissions for criteria pollutants annually, within 3 months o.fthe end of the calendar year. 10. A person shall install air pollution control device to new equipment, installations or retrofit an existing facility with technology or technologies that enable that facility to meet the nati-onal air quality emissions standards. 11. A person operating an industrial infrastructure emitting pollutants into the atmosphere shall channel each point of discharge into the atmosphere through stacks that meet Good Engineering Practice (GEP) stack height and complies with stack specification prescribed under Schedule VII to these Regulations. 12.-Aperson shall not bornorpermittoburn standing biomass within its premises.or neighbourhood, except where it-is authorized in accordance with the National Environmental (Control of Bush or Forest Fire al'ld Open Burning) Regulations,20 l l. . • 13. A person sh.aJI in accordance with the Environmental Impact Assessment Act (a) carry out an Environmental'Impa~t Assessment (EIA) for new proj~cts or modification including expansion· of existing ones before coinmencement of acflvity in accordance with the Environmental Impact Assessment Act ; • .(b) submjt Environmental Audit Report (EAR) for existing infrastructure on a three yearly basis or as may be required by the Agency ; and • (c) submit a~1 Environmentat Management Plan (EMP) for any project as may be required by relevant Laws . . ·PART lll-EMISSJ.ONS FROM MOBILE SOURCES B 831 .. Prohibition to 'Bum. Environrnentlil Impact Assessment and En\-irorni1entlll Management Plan. 14. Mobile sources shall be categorized in accordance with the provisions . Categories of of Schedule VµI to these Regulations. • Mobile • ' - . . 15. Emissions fr9m road veh'icles shall be in accordance with the provisions of the National Environmental (Control of Vehicular Em'issions from Petroland Diese1 Engines) J{egufations, 201 I, other extant Regulations and as provided in ·schedule,s IX and X to these Regulations. 16. The Agency shall nave the sole responsibility to resolve conflicts arising from muJtiple .provisions in standards stipulated under extant Regulations. • • 17. As from the commencement of these Regulations, a person shall-not manufacture, assemble or import Two Stroke Engines or'any kind for use in Nigeria.· • • PART IV CONTROL OF INDOOR AIR POLLUTION IN OFFICES, PUBLIC PLACES AND HOMES 18. The maximum concentrations of indoor air contaminants for offices ai1d public places shall confonn to the limits prescribed under Schedule XI to these Regulations. 19. The maximum concentrations for indoor air contaminants for homes shall conform to the limits prescribed in Schedule XU to these Regulations. Sourcesof Emission: Emission· from Vehicl~ Conflict Resolution. Two Stroke Engine Ban. Maximum C<lilCelllimolS in Offices and Public Places. Maximum Concentrlblos in Homes. B 832 Building 20. A person shall ensure that the ventilation system in a building facilitates Rcquin:ments. improved air quality and is designed in accordance with the extant building code of the relevant national regulating authority. Banned 21. Banned pesticides under the provisions of the National Environmental Pesticides (Control of Hazardous Chemicals and Pesticides) Regulations, 2014 and other extant Regulations shall not be used indoors. PO\m 22.-(1) A power generating set shall not be positioned within the building Generating where it can cause health hazard to the occupants. Sets. (2) A power generating set shall be positioned in such a way that the flue gases (a)aredischarged or drawn back into the building or the building ventilation system; and (b) do not become a nuisance to the inhabitants of any building or the neighbourhood. Provision of 23. Every building especially homes and offices with cooking facilities Exhaust shall have exhaust chimney to channel out the flue gases outside the indoor Chimney. environment. Prohibition 24. Smoking in public places is prohibited, except in designated area. of Smoking Fuel Additives. Control of Fugitive Particulate Matter. PART V - EMISSIONS FROM OTHER SOURCES, FUEL ADDITIVES, ETC. 25. A person ( a) shall use fuel additives as may be provided by the appropriate regulatory authority ; (b) granted a licence to manufacture, process or trade in any fuel additive shall not import, sell, offer for sale or introduce into commerce such fuel additive unless the same has been registered with the appropriate authority ; and (c) shall not introduce any proposed fuel additive that would in any way increase emissions of any of the regulated gases prescribed in Schedule IX to these Regulations. 26. A Person shal 1 (a) not allow or permit the emission of any fugitive particulate matter in excess of the levels prescribed in Schedule X to these Regulations; and (b) maintain the maximum limit values for evaporative and refueling emissions from gasoline vehicles prescribed in Schedule X to these Regulations. 27. The National Environmental (Ozone Layer Protection) Regulations, 2009 shall apply in the importation, handling, storage, sale and use of altematives to Ozone Depleting Substances (ODS). 28. The importation, handling, storage, transportation and use of chemicals and agrochemicals shall be in accordance with the extant laws and Regulations. 29. A person operating a renewable energy generating plant shall ensure that the plant does not exceed the permissible limits as contained in extant laws and Regulations. 30. A person engaged in quarrying operations shall carry out such operation in accordance with the National Environmental (Quarrying and Blasting Operations) Regulations, 2013 and other extant Regulations. 31. A person engaged in mining operations shall carry out such operations in accordance with the National Environmental (Mining and Processing of Coal Ores and Industrial Minerals) Regulations, 2009 and other extant Regulations. PART VI- AMBIENT AIR QUALITY STANDARDS 32. A person operating an industrial plant or facility shall forward to the Agency any information which the Agency deems appropriate regarding its operations. 33, A person undertaking a business or activity releasing emissions into ambient air shall ensure that the ambient air quality within its premises or operational areas associated with emissions from own facilities do not exceed 60% of the ambient air quality standard prescribed in Schedule XIII to these Regulations, without prejudice to the contributions emanating from other facilities to its premises. PART Vil-CONTROL OF ODOUR 34. A person shall not emit or allow the emission of noxious and foul odourous substances to reach nuisance threshold levels within its neighbourhood such that not more than 5% of the population will experience annoyance greater than 5% of the time per month up to three continuous months. 35. A person shall not release or cause the emission of malodorous substances beyond the detection thresholds as prescribed in Schedule XIV to these Regulations. B 833 Ozone Depleting Substances Alternatives. Agro­ Chemicals Handling. Renewable Energy. Quarrying Operations. Mining Operations. Operations of Industrial Plants or Facilities. Ambient Air Quality Standards. Control of Odour. Odour Detection Threshold. B 834 PART VIII-ENFORCEMENT Enforcement 36.--( I) An enforcement notice shall be served where the Agency is of Notices. the opinion that an operator has contravened, is contravening or is likely to contravene any condition of a permit. (2) An enforcement notice shall specify the (a) activities or matters constituting the contravention or making it likely that the contravention will arise, as the case may be ; ( b) steps that must be taken to remedy the contravention or to remedy the activities or matters making it likely that the contravention will arise ; and (c) period within which those steps must be taken. (3) The provisions of sub-regulation (2) (a) of this regulation shall apply whether or not the particular manner of operating the facility in question, is regulated by or contravenes a condition of the permit. ( 4) An officer of the Agency may, in the course of his duty under these Regulations, at any reasonable time (a) enter and search any premises or facility to carry out air emission testing, take samples or specimen for analysis, and measurements in length and of level of standards to which these Regulations relate ; and (b) seize and detain for such time as may be necessary for the purpose of these Regulations any article by means of or in relation to which he believes any provision of these Regulations has been contravened. Enforcement 37.--(l) Where a person fails to comply with the enforcement notice of Notice within the specified period given under Regulation 36 (2) of these Regulations, Reminder. a second notice shall be served. Power to enter and Seal facility or Premises. (2) Where a person fails to comply with the second reminder of the enforcement notice within the specified time limit, the Agency shall issue a suspension notice, seal the fac ility or premises or take any other punitive action as may be necessary. (3) Where a suspension notice is served pursuant to these Regulations, the permit shall, on the service of such notice cease to have effect as stated in the notice. ( 4) The Agency may withdraw a suspension notice after verification of compliance. 38. The Agency shall have the power to enter and seal any facility or premises found contravening any of the provisions of these Regulations. B 835 PART IX-PERMIT 39. The Agency shall issue permits for air quality control in accordance Permit. with the provisions of the National Environmental (Permitting and Licensing System) Regulations, 2009. PART X-OFFENCES AND PENALTIES 40. A person who violates any of the provisions of these Regulations Offences and commits an offence and shall on conviction- Penalties. (a) be liable to a fine of not less than one hundred thousand Naira or to imprisonment for a term not less than 6 months or to both, such fine and imprisonment and an additional fine of not less than N 10,000.00 for every day the offence subsists for individual offenders ; and • (b) where the offence is committed by a body corporate, be liable to a fine not less than N 1,000,000.00 and additional fine ofNS0,000.00 for every day the offence subsists. PART Xl-MJSCELLANEOUS PROVISIONS 41. In these Regulations, unless the context otherwise requires "Act" means the Act establishing the Agency ; "Agency" means National Environmental Standards and Regulations Enforcement Agency (NESREA); «Air'' means the mixture of gases that envelop the Earth, known as the atmosphere and comprising Nitrogen (78% ), Oxygen (21 % ), Argon, Hydrogen and other gases (about 1%); "Air Pollutant" means "pollutants" (as defined in these Regulations), emitted into or formed in the Earth's atmosphere; "Air pollution" includes the state of increased concentration of substances in the atmosphere which has or has the potential of adversely affecting the health of any living substance, ecosystem, natural or built environment, at a level that exceeds the carrying capacity of the atmospheric removal mechanisms to return the air to its natural background concentrations for such substances ; "Air Quality" means an index of the healthiness of the air based on the quantity of polluting substances it contains. Air is considered safe when its harmful chemical contents are below the standards considered safe for plants, animal and human habitation as well as the physical infrastructure within it; • "Ambient Air" means planetary boundary layer or the troposphere ( outdoor air) in which humans and other organisms live and breathe ; "Background Air Concentrations" means "clean air", as defined in this regulation; Interpretation. B 836 "Building" means permanent or temporary structure constructed with exterior walls and a roof, all attached facilities required for human hahitnt ion as residential or for businesses, commercial, recreational, and industrial : "Clean Air" means the air whose regulated pollutant concentrations are below that specified in the ambient air qua I ity standards in these Regulation ; "Court" means the Federal or State High Court; "Emission" means the quantity of air contaminant discharged from a known source into the atmosphere over a specified time ; "Emission Reduction Technology" means the technologies used as scrubbers or as part of improved operational process to reduce emissions from any facility ; "Enforcement Notice" Letters of Compliance Concerns or Abatement notices informing a person of observed violations and the need to remedy the same within a time limit, failure of which a person shall be sanctioned as provided in these Regulations ; "EIA" means Environmental Impact Assessment ; "EMP" means Environmental Management Plan ; "Fuel-combustion Equipment" means any device used for the combustion of fuel in which heat is transferred from the products of combustion indirectly for the production of useful heat or power; "Flue Gas" means combustion or process related gases containing pollutants emitted directly into the atmosphere by small, medium or large scale industrial production or for the provision of services such as electricity generation, among others ; "Fugitive Emission" means pollutants discharged into the atmosphere from sources other than combustion or production processes but related to general processes such as evaporation, frictional processes leading to wears, system leakages, in a stationary area or line source ; "Hazardous Substances" mean those substances which present short­ term acute hazards such as acute toxicity by ingestion, inhalation or skin absorption, corrosiveness or other skin or eye contact hazard or the risk of fire explosion or long-term toxicity upon repeated exposure ; "Indoor Air" means the air inside a building including mobile homes, offices, commercial and residential homes; "Installations" mean the whole of a system of machineries and accessories set up and arranged to produce goods and services, and leading to the emission of pollutants into the atmosphere; "Key Sources" (for any pollutant) means a group of sources contributing up to the total pollutant emissions in the locality, state or nation; "Mechanical VentUation" means controlled air circulation within an indoor space using motorised mechanical systems to improve on the natural air circulation capability provided for in the building design; "Mobile Source" includes sources such as road, air, railway and navigational vehicles, which emit pollutants into the atmosphere during locomotion ; "Odour" means the property of a substance that gives it a characteristics scent or smell. Odour assessment, properties include intensity, detestability, character and hedonic tone, which is the perceived pleasantness or unpleasantness ; "Odour Detectability" means the minimum concentration of odour emitting substances that produce an olfactory response or sensation ; "Ozone Depleting Substances ( ODS)" includes the wide range of compounds now known as chlorofluorocarbons (CFCs), chemically inert (non-toxic, non-combustible, physically very stable under high ranges of temperature and pressure, neither oxidized nor photo-dissociated in the lower atmosphere), are easily converted from liquid to gaseous states at ordinary temperatures, and which became very useful as refrigerants in air conditioning and refrigeration equipment, but later found to become photo­ dissociated in the stratosphere to release chlorine radicals, which reacts strongly with stratospheric Ozone (0,), converting it to Oxygen (0 and 0) atoms, and finally resulting in the depletion (reduction in the concentration) of stratospheric ozone leading to ground penetration ofUV­ B radiation, absorbed by stratospheric ozone and protecting human health from UV-B radiation; "Particulate Matter" means contaminants in solid and liquid phases in suspension in the atmosphere ; ''Pasting" means the Posting of a notice at the address of the owner or occupant of the Premises or facility; or the putting of a notice in a public or conspicious place so that people including those the notice is meant for, can see it ; "Person" means a legal entity including an individual, association, corporate body, organization, government, government agency, institution that own facility or facilities which emit pollutants into the atmosphere ; "Point Source" means a single source emissions into the atmosphere, contributing not less than 500 metric tonnes of CO, or J 00 metric tonnes of any of NO, SO~ and PM into the atmosphere during full operational annual cycle ; "Pollution Control Device" means any infrastructure designed for use mainly as scrubbers to reduce the concentration of pollutants in their flue gas, thereby enhancing cleaner emissions from stacks of various air pollution sources; B 837 B 838 Citation. "Pollution Control Technology" means the technologies used in individual pollution control devices as defined in this Regulation; "Pollutant" means substances including gases, liquids, particulates, radioactive substances, biological materials, or other harmful chemicals or materials, noise or high energy radiation emitted into or formed in any part of the Earth's subsystems (atmosphere, lithosphere or hydrosphere), with capacity to cause diseases or death to humans and ecosystems; or likely to cause damage to any living organisms or to the natural or built environment; "Public places" means building or other facilities owned by government and organizations working for the overall interest of serving the society and established for the general use of the members of the public. They include government and private sector offices open to the public, hospitals and other healthcare facilities, commercial buildings, hotels, recreational facilities, public transport, amusement and entertainment facilities among others ; "Radon" means an inert gas that does not readily interact with the body, but is usually released into buildings from the underlying soil ; "Stationary Source" means any fixed (non-moving) facility such as power plants, petroleum refineries, petrochemical plants, process industries, etc associated with the production of goods and services, and leading to emissions of one or more types of pollutants into the atmosphere ; "Tail Pipe" means the exhaust nozzle of a vehicle where the flue gases are released into the atmosphere ; "Two-Stroke Engine" means an internal combustion engine which completes combustion within a single crankshaft, in an up (denoting fuel intake or compression) and down (denoting fuel combustion or exhaust) piston strokes; "Vehicle" means moving motorized means oflocomotion propelled by a gasoline, diesel or other types of engines used as means of personal or public transport, or for movement of goods from place to place ; ;, Ventilation" means the process of ensuring circulation of air within a building or any facility, which could be natural or motorized; ;'Volatile Organic Compounds (VOC)" mean organic compounds in gaseous state in the atmosphere, and usually divided broadly into methane (CH4) and non-methane volatile organic compounds (NMVOC). 42. These Regulations may be cited as the National Enviromnental (Air Quality Control) Regulations, 2014. SCHEDULE I NEW INSTALLATIONS WITHIN RESIDENTIAL AREAS NOT PERMITTED WITHOUT PRIOR APPROVAL [Regulation 4] (a) Any equipment, plant or facility used for the purpose of heating or generating power that is rated to consume (i) pulverised fuel ; (ii) any solid fuel at 20 kg or-more per hour ; or (iU) any liquid or gaseous matter at I 0 kg or Litre or more per hour. (b )Any equipment, plant or facility that emits any solid particle exceeding 0.5kg per hour ; (c) Any equipment, plant used for grain milling or polishing and consumes l .5kw and above ; (d) Any wood working machinery that consumes 0.75 kw and above ; (e) Any equipment or facility used in the manufacture, packing or repacking of paints, varnishes, lacquers and all pesticides; (()Any equipment, plant or facility used in the manufacture, packing or repacking of fish manure or animal feed or fertilizer; (g) Any equipment, plant or facility used in the manufacture, packing or repacking of industrial chemicals, in the process of which mercury, antimony, arsenic, cadmium, zinc, lead, copper, etc or any compound thereof is emitted ; (h) Any equipment or plant used in the manufacture ofasbestos containing products. SCHEDULE IT PROCEDURE FOR R£PORTfNG ACCIDENTAL DISCHARGE OF P OLLUTANTS [Regulation 5] The information required includes the (a) date and time of the release or discharge ; (b) duration of the release or discharge; (c) composition of the release or discharge showing (i) the concentration of air contaminants, (ii) the emission rate, and (iii) the total amount. (d) description of the circumstances leading to the release or discharge; (e) steps and procedures taken to control the release or discharge, as well as those taken to prevent similar releases or discharges in the future ; and (f) steps and procedures taken to clean up the release or discharge. B 839 B 840 SCHEDULE III POINT SOURCE MAxlMUM EMISSION LIMIT FOR f ACILJTIES AND PROCESS [ Regulation 6] Pollutants Standard Applicable Maximum Afaximum to Source Permissible Permissible Limits (mg/Nm!) Limits (ppm) 1. Antimony and its Any Source 10 as Sb 2.0 Compounds. 2. Arsenic and its Any Source 10 as As 3.0 Compounds. 3. Cadmium and its Any Source 10 as Cd 2.0 Compounds. 4. Carbqn Monoxide Any industrial Source 500 as CO 400 5. Copper and its Any industrial source 100 as Cu 36 Compounds. 6. Hydrofluoric Acids Any source other than 50 as HF 56 and Fluoride the manufacture of Compounds. Aluminium from Alumina. 7. Hydrogen Sulfide (i) Geothermal Power a. b Plants (iii) Any source other 7 as RS 5.0 than (i) and (U) 8. Lead Any trade, industry 10 as Pb I. I or process. 9. Mercury Any Source 5 as 0.6 elemental Hg 10. Nickel and its Any Source 20 as Ni 8 compounds, except Nickel Carbonyl 0 11. NO X (i) Manufacture of 2,000 as acid 975 Nitric Acid and NO, anc calculated as NO, (ii) Fuel buming steam generators Existing Source 1,500 as NO: 730 New Source - • Coal-Fired 1,000 as NO~ 487 •Oil-Fired 500 as NO, 244 (iii) Any source other than (i) and (ii) Existing Source 1000as NO~ 487 New Source 500 as NO, 244 12. Phosphorus Any Source 200 as Pp5 32 Pentoxide 13. Zinc and its Any Source 100 as Zn 34.2 .Compounds Key: • - All new geothermal power plants starting construction by O I January 2015 shall control H.S emissions to not more than 150 g/GMW-Hr. b - All existing geothermal power plants shall control RS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectiveness of these Regulations. c - Emission limitofNickel Carbonyl shall not exceed 0.5 mg/Nern. B 841 • B 842 SCHEDEULE • IV STACK EMISS!Ot\S FROM POINT SOURCES RELATED TO COMBUSTION [Regulation 6] Emission Standard Combustion Processes Flue Gas Concentration (kg TJ-Energy C ons1imed) PM10 CH4 voc so1 NO ' c:o Public Electricity Generation: Coal 350 - 8 550 300 15 Heavy Fuel Oil (HFO) 1 15 0.1 2 190 0.6 Light Fuel Oil (LFO) 0.3 2 - 5 70 0.{i Natural Gas 0.1 I 2 0.5 110 1.0 Industrial Electricity Generation Coal 500 2 20 500 350 150 HFO 40 3 8 800 190 10 LFO 5 3 5 200 70 10 Natural Gas 0.1 1.4 5 0.5 110 10 Industrial Boilers/Heat Generation Fuel-wood 200 - 400 - 10 4000 Charcoal 200 - 400 - 10 4000 Commercial/Institutional Electricity/Heat Generation Fuel-wood 200 150 600 10 94 9000 Charcoal 150 100 400 10 75 4000 Coal 100 23 31 500 100 625 Chemical Process Industry Charcoal Kiln (kg/tonne) 1.24 - 2 - 0.112 1.6 Carbon Black(Stack) (kg/tonne) 6.7 - 77 0.045 6.2 123 Paint and Vanish (kg/tonne) - - 0.5 - - . Plastics (kg/tonne) - . 5.9 - - Printing Ink (kg/tonne) • - - 213 . . Soap and Detergents (kg/tonne) 7 - - - - SIN 1. 2. .., .) . 4. 5. 6. 7. 8. 9. SCHEDULE V EMISSION STANDARDS FOR AIR POLLUTANTS FROM INDUSTRIAL SOURCES/OPERATIONS [Regulations 6 and 8] Pollutants 1 ppm Averaging time (min.) Ammonia 0.28 30 Carbon Disulfide 0.01 30 Chlorine and Chlorine Compounds expressed as c1-: 0.03 5 Fonnaldehyde 0.04 30 Hydrogen Chloride 0.13 30 Hydrogen Sulfide 0.07 30 Nitrogen Dioxide 0.20, 0.14 30,60 Phenol 0.03 30 Sulfur Dioxide 0.18,0.13 30,60 SCHEDULE VI EMISSION LIMITS FOR SPECIFIC METAL POLLUTANT FROM STATIONARY SOURCES [Regulations 6 and 8] No. Substance Limit (mg/111;) l. Antimony 20-100 2. Arsenic 20-100 3. Cadmium l.0-40 4. Copper 20 5. Lead 10-100 6. Mercury 1.0-230 7. Zinc 11.72 Source: Guidelines and Standards for Environmental Pollution Control in Nigeria. B 843 B 844 SCHEDULE VII INDUSTRIAL STACK HEIGHT REGULATION [Regulation 11] Industrial stacks shall comply with the Good Engineering Practice stack height (HGEP), which ensures that emissions from the stack does not result in excessive concentrations of any air pollutant in the immediate vicinity of the sources, resulting from atmospheric downwash, eddtes, or wakes which may be created by the source, nearby structures or terrain obstacles. For any industrial stack, the GEP Stack height shall be defined and calculated usrng the following relations : HGEP = H+ I.SL Where His the height of the adjacent structure or nearby structure, and Lis the lesser dimension (height or maximum projected width of the adjacent or nearly structure or terrain). A single representative stack may be used to represent several sources that are identified as "similar''. "Similar stacks are those that are located within l 00 m distance and emit the same pollutants, and have stack heights and flue gas exit velocities differ by less than 20%. The procedure for merging sources identifies one worst case representative stack from which all of the emission· scrum the sources involved are modeUed. The merged stack is typically located at the closest Focation, of all the stacks involved, to the property line. This location, if all other parameters were the same would result in the maximum mode fled off-site concentration. Dissimilar stacks may be merged, by computing the para111eter M for which stack, using: M = (H.,VT) Q Where M 'is the parameter accounting for the relative influence of stack height, plume rise and emission rate on concentration, H 5 is the stack height, and v!! 2d2 4V . Where V is the· stack gas volumetric flow rate {m3/s), d is the stack exit internal diameter (m), vis the stack gas exit velocity (m/s), Is is the stack gas exittemperature (K) and Q is the pollutant emission rate (gls). The stack with the lowest M value-is used as the representative stack, so • thatthe sum of emissions from all merged stacks is assttmed to be emitted from the repre sentative stack. The location of the representative stack.is assumed to the actual location closest to the property line. For dispersion modelting from multiple stack locations, the representative stacks would be used. :; ­. Mobile Source Grouping Air Transportation Road Transportation Railways Water Transport Other Non-Road Transportation B 845 SHEDULLE VIII SCHEDULE ON MOBILE SOURCE CLASSIFICATION [Regulation 14] Source Types Definition of Source Type Domestic and Emissions from all aircraft types excluding international Civil military. Aviation. Passenger Cars. Automobiles designated primarily for the transport of persons, having a capacity of 12 persons or less, or equipped with no special features such as four wheel drives or off-road operation. Maximum gross weight of3900 kg. Passenger Cars with Passenger cars (as above) with 3-way catalysts catalysts. for NOx control. Light Duty Trucks Automobiles designated primarily for the transport (LDT). of cargo or equipped with special features such as four wheel drives or off-road operation. Maximum gross weight of 3900 kg. Light Dvty Trucks LDT (as above) with 3-way catalysts for NOx with catalysts. control. Heavy Duty Trucks Any gasoline or diesel fuelled vehicles rated to and Buses (HDTB). exceed 3900 gross weight or designed to carry more than 12 persons at a time. Motorcycles. Any vehicle designed to travel with not more than three wheels in contact with the ground, and weighing less than 680 kg. All rail tra"'.elling Includes both passenger and freight coaches. vehicles. Internal Navigation. All internal and coastal navigation, including small craft and fishing vessels not included under the International Marine Bunkers. Internatiorial Marine Sea going ships ofall flags, including fishing vessels. Bunkers. Lawn and Garden Equipment. B 846 Agricultural Equipment. Logging Equipment. Light Commercial Equipment. Industrial Equipment. Construction Equipment. Airport Service Equipment. SCHEDULE IX TAJL PrPE EMISSION STANDARDS FOR ROAD VEHICLES [Regulations 15; 25(C)] Em;ssion Standard Mobile Source Tailpipe Concentration{%) Emission Factor (g/km) ;; PM10 Soot co NOX voc PM1, Soot co NOX voc ROAD TRANSPORTATION Per Capita {PC)(Gasoline) : [Fuel . - - - - - - 13 1.6 12 economy= 6.0 km/I PC (Gasoline) with c-atalysts: Fuel - - - - - - . 3.5 0.6 0.3 economy= 9 .4 km/I PC (Diesel): [Fuel economy= 6.8 km/I] - - - - - 0.4 . 0.9 1.0 0.3 Light Duty Truck, LDT {Gasoline): - - - - - - . 15 1.8 2.0 [Fuel Economy= 5.1 k/1] LDT (Gasoline) with Catalysts - 25 - - - - - 10 1.0 0.8 LDT (Diesel) - 40 - - - 0.5 - 8.0 12 0.45 Heavy Duty Truck, HDTB - 40 - - - 0.9 - 9.0 12 2 Motorcyclesffricycles - 45 - - - 03 - 14 0.6 2.6 B 847 SCHEDULE X FUGITIVE EMISSION STANDARDS FOR GASOLINE VEHICLES [Regulations 15; 26(a)(b)] Fugitive Source Pollutant Emission Factor Standard (glkm Tank Evaporative Emissions voc 0.45 Tank Refuelling Emissions voc 0.30 SCHEDULE XI lNDOOR AlR QUALITY FOR OFFICES AND PUBLIC PLACES [ Regulation l 8] 8 • hour average '' Parameter Unit Excellent Class Good Class Room Temperature oc 20 to <25.5 <25.5 Relative Humidity % 40 to< 70 <70 Air movement m/s <0.2 <0.3 Carbon Monoxide (CO) µglm> <2,000 < 10,000 ppbv < 1.7 <8.7 Suspended Particulates (PM 10) µg/m> <20 < 180 Nitrogen Dioxide (NO:) µglm3 <40 < 150 ppbv <21 <80 Ozone (0.) , µglm3 <50 < 120 ppbv <25 <61 Formaldehyde (HCHO) µg/m' <30 < 100 ppbv <24 < 81 Total Volatile Organic Compounds (TVOC) µglm> <200 <600 ppbv <87 <261 Radon (Rn) Bq/1113 < 150 <200 Airborne Bacteria cfu/m3 <500 < 1,000 .. B 848 Legends: a. In some cases, it may not be practicable to take 8-hour continuous measurement. In these circumstances, surrogate measurement (i.e. an intermittent measurement strategy based on the average of half-an-hour measurements conducted at four time-slots) is also accepted. ISIN 1. 2. 3. 4. 5. 6. 7. SCHEDULE XII MAXIMUM CONCENTRATIONS FOR lJ\DOOR AIR CONTA:\1INANTS JN HOMES [Regulqtion 19] Pollutants Average limit for Unit nme Acceptable indoor Air Quality Carbon Monoxide (CO) 8hrs 10 mg/m' 9 ppm Fonnaldehyde 8hrs 120 µg/1113 0.1 ppm Ozone (0) 8hrs 120 µg/m" 0.06 ppm Total Volatile Organic Compound 8hrs 300 mg/m:; (TVOC) Respiratory Dust (<10 microns) 8hrs 150 mg/m:; Bacteria 8hrs 500 CFU/m3 (algar plate) Fungi 8hrs 500 CFU/m3 (algar plate) • SIN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SCHEDULE XIII AMBIENT AIR QUALITY STANDARDS [Regulations 29, 30 and 33] Pollutant Time Weighted Concentration Average in Ambient Air Sulphurdioxide (SO) Annual 80 µg/m" 24 hours 120 µg/m3 I hour 350 µgtm: Nitrogen dioxide (NO) Annual 80 µg/m3 24hours 120 µg/m3 I hour 200 µg/m3 Carbon monoxide (CO) 8 hours 5.0 mg/m3 1 hour I 0 mg/m:; Particulate Matter (PMl0) Annual 60 µg/m3 24 hours 150 µg/m3 Ozone (0) 8 hours 100 µg/m3 I hour 180 µg/m3 Lead (Pb) Annual 1.0 µg/m3 24 hours 1.4 µg/m3 Arsenic (As) Annual 6,000 µg/m3 Nickel(Ni) Annual 20,000 µg/m3 Cadmium (Cd) Annual 5,000 µg/m3 Ammonia (NH.) , Annual 0.2 mg/m3 24 hours 0.6 mg/m3 B 849 B 850 SCHEDULE XIV AIR QUALITY STANDARD FOR SOME MALODOROUS COMPOU~DS [Regulation 35] Substance Chemical Irritation Threshold Afr· Quality Formular Threshold Odour (ppm V) Standard for (ppmV) Odour (ppm V) Hydrogen Sulphide H.S 50-100 0.00001 -0.8 5 Carbon Disulphide CS. - - 0.21 0.1 Chlorine Ct 1-6 0.01-5.0 0.1 Ammonia NH3 55-140 0.32-55 5 Benzene C6H6 - 468 50 Formaldehyde HCHO 0.25-2.0 0.1-l.0 0.02 Methyl Mercaptan CH::SH - 0.001-0.00026 0.0001 Ethyl Mercaptan CH3CH:SH - 0.000I9-0.001 0.0001 Dimethyl Sulphide (CH):S - 0.000048 Sulphur Dioxide so. 6-20 0.1-3.0 0.5 MADE at Abuja this 9th day of December, 2014. MRS LAURENTIA LARABA MALLfl.,M Honourable Minister of Environment EXPLANATORY NOTE (This Note does not form part of these Regulations but is intended to explain its purport) These Regulations provide for improved control of the nation's air quality to enhance the protection of human health, flora and fauna, and other resources affected by air quality deterioration.