Environmental Protection (Air) Policy 2008

Queensland Environmental Protection Act 1994 Environmental Protection (Air) Policy 2008 Reprinted as in force on 1 January 2009 Reprint No. 1 revised edition This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This policy is reprinted as at 1 January 2009. This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other. Revised edition indicates further material has affected existing material. For example— • a correction • a retrospective provision • other relevant information. Queensland Environmental Protection (Air) Policy 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 Application and purpose of policy 4 Application of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Purpose of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 How purpose of policy is achieved . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Environmental values and air quality objectives 7 Environmental values for the air environment . . . . . . . . . . . . . . . 4 8 Air quality objectives for indicators . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 4 Avoiding, recycling, minimising or managing air emissions 9 Management hierarchy for air emissions . . . . . . . . . . . . . . . . . . . 5 Part 5 Miscellaneous 10 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 1 Air quality objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 [s 1] Environmental Protection (Air) Policy 2008 Part 1 Preliminary Environmental Protection (Air) Policy 2008 [reprinted as in force on 1 January 2009] Part 1 Preliminary 1 Short title This environmental protection policy may be cited as the Environmental Protection (Air) Policy 2008. 2 Commencement This policy commences on 1 January 2009. 3 Definitions The dictionary in schedule 2 defines particular words used in this policy. Part 2 Application and purpose of policy 4 Application of policy This policy applies to the air environment. 5 Purpose of policy The purpose of this policy is to achieve the object of the Act in relation to the air environment. Reprint 1 effective 1 January 2009 Page 3 [s 6] Environmental Protection (Air) Policy 2008 Part 3 Environmental values and air quality objectives Note— See section 3 of the Act. 6 How purpose of policy is achieved The purpose of this policy is achieved by— (a) identifying environmental values to be enhanced or protected; and (b) stating indicators and air quality objectives for enhancing or protecting the environmental values; and (c) providing a framework for making consistent, equitable and informed decisions about the air environment. Part 3 Environmental values and air quality objectives 7 Environmental values for the air environment The environmental values to be enhanced or protected under this policy are— (a) the qualities of the air environment that are conducive to protecting the health and biodiversity of ecosystems; and (b) the qualities of the air environment that are conducive to human health and wellbeing; and (c) the qualities of the air environment that are conducive to protecting the aesthetics of the environment, including the appearance of buildings, structures and other property; and (d) the qualities of the air environment that are conducive to protecting agricultural use of the environment. Page 4 Reprint 1 effective 1 January 2009 [s 8] Environmental Protection (Air) Policy 2008 Part 4 Avoiding, recycling, minimising or managing air emissions 8 Air quality objectives for indicators (1) An air quality objective stated in schedule 1, column 3 for an indicator stated in column 1 and for a period stated in column 4, is prescribed for enhancing or protecting the environmental value stated in column 2 of the schedule for the objective. (2) An air quality objective stated in schedule 1, column 3 must be worked out as an average over the period stated in column 4 for the objective. (3) Despite subsection (1), an environmental value may be enhanced or protected in an area or place if the amount of an indicator in the air environment in the area or place is more than the amount of the air quality objective stated in schedule 1, column 3 for the indicator for not more than the number of days stated in column 5 of the schedule for the indicator. (4) It is intended that the air quality objectives be progressively achieved as part of achieving the purpose of this policy over the long term. (5) This section does not apply to an air emission that may be experienced within a dwelling or workplace if the air emission is released within the dwelling or workplace. (6) In this section— workplace see the Workplace Health and Safety Act 1995, section 9. Part 4 Avoiding, recycling, minimising or managing air emissions 9 Management hierarchy for air emissions (1) This section states the management hierarchy for an activity involving air emissions. Note— See section 51 of the Environmental Protection Regulation 2008. Reprint 1 effective 1 January 2009 Page 5 [s 10] Environmental Protection (Air) Policy 2008 Part 5 Miscellaneous (2) To the extent that it is reasonable to do so, air emissions must be dealt with in the following order of preference— (a) firstly—avoid; Example for paragraph (a)— using technology that avoids air emissions (b) secondly—recycle; Example for paragraph (b)—— re-using air emissions in another industrial process (c) thirdly—minimise; Example for paragraph (c)— treating air emissions before disposal (d) fourthly—manage. Example for paragraph (d)— locating a thing that releases air emissions in a suitable area to minimise the impact of the air emissions Part 5 Miscellaneous 10 Repeal The Environmental Protection (Air) Policy 1997, SL No. 468 is repealed. Page 6 Reprint 1 effective 1 January 2009 Schedule 1 Environmental Protection (Air) Policy 2008 Schedule 1 Air quality objectives section 8 Column 1 Column 2 Column 3 Column 4 Column 5 Indicator Environmental value Air quality objectives Period Days µg/m3 at 0 degrees C (except where noted) ppm (volume/ volume) 1.2-dichlorethane health and wellbeing 750 0.17 24 hours 1.3-butadiene health and wellbeing 2.4 0.001 1 year arsenic and compounds (measured as the total metal content in PM10) health and wellbeing 6ng/m3 1 year benzene health and wellbeing 10 0.003 1 year benzo(a)pyrene (as a marker for polycyclic aromatic hydrocrabons) health and wellbeing 0.3ng/m3 1 year cadmium and compounds (measured as the total metal content in PM10) health and wellbeing 5ng/m3 1 year carbon disulfide health and wellbeing 110 0.032 24 hours protecting aesthetic environment 210 0.0063 30 minutes carbon monoxide health and wellbeing 11mg/m3 9 8 hours 1 day each year dichloromethane health and wellbeing 3.2mg/m3 0.85 24 hours 0.48mg/m3 0.13 1 week Reprint 1 effective 1 January 2009 Page 7 Schedule 1 Environmental Protection (Air) Policy 2008 fluoride health and biodiversity of ecosystems (other than protected areas) 2.9 24 hours 0.84 30 days 0.5 90 days health and biodiversity of ecosystems (for protected areas) 0.1 90 days protecting agriculture 1.5 24 hours 0.4 30 days 0.25 90 days formaldehyde health and wellbeing 54 0.04 24 hours protecting aesthetic environment 110 0.08 30 minutes hydrogen sulfide health and wellbeing 160 0.11 24 hours protecting aesthetic environment 7.5 0.0049 30 minutes inorganic mercury vapour health and wellbeing 1.1 1 year lead and compounds (measured as the total metal content in total suspended particles) health and wellbeing 0.5 1 year manganese and compounds (measured as the total metal content in PM10) health and wellbeing 0.16 1 year nickel and compounds (measured as the total metal content in PM10) health and wellbeing 20ng/m3 1 year nitrogen dioxide health and wellbeing 250 0.12 1 hr 1 day each year 62 0.03 1 year health and biodiversity of ecosystems 33 0.016 1 year Column 1 Column 2 Column 3 Column 4 Column 5 Indicator Environmental value Air quality objectives Period Days µg/m3 at 0 degrees C (except where noted) ppm (volume/ volume) Page 8 Reprint 1 effective 1 January 2009 Schedule 1 Environmental Protection (Air) Policy 2008 ozone health and wellbeing 210 0.10 1 hr 1 day each year 160 0.08 4 hours 1 day each year ozone (measured as accumulated exposure over a threshold of 40 ppb during daylight hours) protecting agriculture 0.2 ppm-hr 5 days 3 ppm-hr 3 months health and biodiversity of ecosystems (for semi-natural vegetation) 3 ppm-hr 3 months health and biodiversity of ecosystems (for natural or uncultivated areas) 10 ppm-hr 6 months PM2.5 health and wellbeing 25 24 hours 8 1 year PM10 health and wellbeing 50 24 hours 5 days each year styrene health and wellbeing 280 0.06 1 week protecting aesthetic environment 75 0.016 30 minutes sulfate health and wellbeing 27 24 hours sulfur dioxide health and wellbeing 570 0.2 1 hr 1 day each year 230 0.08 1 day 1 day each year 57 0.02 1 year protecting agriculture 32 0.011 1 year health and biodiversity of ecosystems (for forests and natural vegetation) 22 0.0075 1 year tetrachloroethylene health and wellbeing 0.27mg/m3 0.036 1 year protecting aesthetic environment 8.6mg/m3 1.16 30 minutes Column 1 Column 2 Column 3 Column 4 Column 5 Indicator Environmental value Air quality objectives Period Days µg/m3 at 0 degrees C (except where noted) ppm (volume/ volume) Reprint 1 effective 1 January 2009 Page 9 Schedule 1 Environmental Protection (Air) Policy 2008 toluene health and wellbeing 4.1mg/m3 1 24 hours 410 0.1 1 year protecting aesthetic environment 1.1mg/m3 0.26 30 minutes total suspended particles health and wellbeing 90 1 year vanadium and compounds (measured as the total metal content in PM10) health and wellbeing 1.1 24 hours vinyl chloride monomer health and wellbeing 28 0.010 24 hours visibility reducing particles protecting aesthetic environment 20km visibility in the air environment 1 hr xylenes (as a total of ortho, meta and para isomers) health and wellbeing 1.2mg/m3 0.25 24 hours 950 0.2 1 year Column 1 Column 2 Column 3 Column 4 Column 5 Indicator Environmental value Air quality objectives Period Days µg/m3 at 0 degrees C (except where noted) ppm (volume/ volume) Page 10 Reprint 1 effective 1 January 2009 Schedule 2 Environmental Protection (Air) Policy 2008 Schedule 2 Dictionary section 3 air emission means a substance released into the air. air environment means the part of the environment of an area or place characterised by the air emissions that may be experienced there. air quality objective, for an area or place, means— (a) for an air quality objective for an indicator that is the amount of the visibility in the air environment—the minimum amount of visibility that should be in the air environment of the area or place despite the presence of the indicator; or (b) otherwise—the maximum level that an indicator should be in the air environment of the area or place. dwelling means a part of a building used or capable of being used as a residence. equivalent aerodynamic diameter, in relation to a particle (a measured particle), means a length equivalent to the diameter of a spherical particle with a density of 1g/cm3 that has the same settling velocity as the measured particle. health and biodiversity of ecosystems means the environmental value mentioned in section 7(a). health and wellbeing means the environmental value mentioned in section 7(b). indicator means a contaminant that may be present in the air environment. PM2.5 means particles in the air environment with an equivalent aerodynamic diameter of not more than 2.5 microns. Reprint 1 effective 1 January 2009 Page 11 Schedule 2 Environmental Protection (Air) Policy 2008 PM10 means particles in the air environment with an equivalent aerodynamic diameter of not more than 10 microns. ppb means parts for each billion. ppm means parts for each million. ppm-hr, for an indicator, means the average concentration of the indicator measured in parts for each million, multiplied by the length of time in hours to which the average applies. protected area see the Nature Conservation Act 1992, section 14. protecting agriculture means the environmental value mentioned in section 7(d). protecting aesthetic environment means the environmental value mentioned in section 7(c). total suspended particles means particles in the air environment with an equivalent aerodynamic diameter of not more than 50 microns. Page 12 Reprint 1 effective 1 January 2009 Endnotes Environmental Protection (Air) Policy 2008 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Environmental Protection (Air) Policy 2008 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous Reprint 1 effective 1 January 2009 Page 13 Endnotes Environmental Protection (Air) Policy 2008 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. 5 List of legislation Environmental Protection (Air) Policy 2008 SL No. 441 made by the Minister for Sustainability, Climate Change and Innovation on 26 November 2008 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) exp 1 September 2019 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared Reprint No. Amendments included Effective Notes 1 rv none 1 January 2009 Revision notice issued for R1 © State of Queensland 2009 Page 14 Reprint 1 effective 1 January 2009