Environmental Management and Co-ordination (Fossil Fuel Emission Control) Regulations, 2006 (Cap. 387)

SPECIAL ISSUE Kenya Gazette Supplement No. 74 (Legislative Supplement No. 41) LEGAL NOTICE NO. 131 13th October, 2006 Citation Interpretation ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) IN EXECISE of the powers conferred by section 147 of the Environmental Management and Co-ordination Act, 1999, the Minister for Environment and Natural Resources, on the recommendation of the Authority, and upon consultation with the relevant lead agencies makes the following Regulations: ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (FOSSIL FUEL EMISSION CONTROL) REGULATIONS, 2006 1. These Regulations may be cited as the Environmental Management and Co ordination (Fossil Fuel Emission Control) Regulations, 2006 and shall come into operation on r" February, 2007. 2. In these Regulations, unless the context otherwise requires "air pollution control methods" means the mechanisms and technologies aimed at emission control or methods or processes that can be used separately or together to reduce emissions and improve air quality standards; "air pollution" means the introduction by man, directly or indirectly, of substances in the air which results in harmful effects of such nature as to endanger human health, harm living resources and eco-systems, cause material damage, interfere with amenities and other legitimate uses of the environment; "emissions inspection" means the determination of the level of emissions from a motor vehicle, plant or industry; "fossil fuels emissions" means petrol, diesel fuel oils and kerosene. "fossil fuels emissions" means emissions causing air pollution from the use of any fossil fuel where the constituent properties are not properly combusted in an internal combustion engine and are emitted out as toxic carbon gases and particulates matter. Emission inspection. Emission Standards. Kenya Subsidiary Legislation, 2006 "fuel catalyst" means a liquid supplement added to refined fossil fuels for use in internal combustion engines to act in a manner that speeds up the fuel burning process, causes a more complete combustion of fuel by optimizing the molecular combustion process to significantly improve fuel economy as well as reduce harmful toxic emissions without altering the quality of fuel and is completely safe to use with no harm or damage to the environment, human health and the internal combustion engines. "internal combustion engine" means any engine that is mobile (as in a vehicle) or stationary (as in a generator) that uses fossil fuels in order to derive their required energy and will emit the same properties and levels of pollution given its choice of fuel and application. "polluter" means an individual or organization causing, or operating a source of, air pollution. 3. (1) The Authority (a) shall administer a system for emissions inspection of all internal combustion engines within Kenya; and (b) may require every internal combustion engine to be inspected at least once annually. (2) The Authority may liaise with lead agencies dealing with internal combustion engine inspection and may delegate the responsibility of undertaking emission inspection to such agencies, and any power exercised by any such lead agencies as regards emission inspection will be deemed to have been exercised under these Regulations. 4. (1) Any internal combustion engine is subject to inspection under these Regulations and shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the internal combustion engine complies with any standards and requirements for the control of air pollution or contamination as may be prescribed. (2) The emission standards to be complied with by any internal combustion engine shall be those set out in the First Schedule to these Regulations. (3) Any person who operates or owns an internal combustion engine and permits it to be operated upon any road, street, public highway or any premises, which emits smoke or other air contaminants in excess of emission standards set out in the First Schedule commits an offence and shall be liable, upon conviction, to the penalty prescribed in section 144 of the Act. Environmental inspectors. Power of inspectors. Approval of catalyst. Fuel catalyst. Application for approval of fuel catalyst. Kenya Subsidiary Legislation, 2006 5. The Authority may appoint such number of environmental inspectors as it may deem appropriate for purposes of carrying out emissions inspection under these Regulations and may, without prejudice to the foregoing, appoint any employee of a lead agency conducting inspection of internal combustion engines on behalf of the Government. 6. An environmental inspector shall, in the discharge of his functions under these Regulations, have such powers as are conferred on an inspector under sections 117 and 118 of the Act. 7. (1) The Authority may approve any substance to be used as a fuel catalyst if, in the opinion of the Authority, the substance improves fuel economy, enhances combustion and reduces harmful emissions that adversely affect human, animal and plant health and degrade the environment. (2) The Minister shall publish in the gazette, on the recommendation of the Authority, any substance that has been approved as a fuel catalyst under these Regulations. 8. (1) For the better control of toxic emissions, no internal combustion engine shall use any fuel other than fuel that has been treated using a fuel catalyst approved by the Authority. (2) A person who knowingly offers for sale any fuel that has not been treated using an approved fuel catalyst commits an offence and shall be liable upon conviction, in addition to the penalty prescribed in section 144 of the Act, to confiscation of the fuel. 9. A person seeking approval of a substance as a fuel catalyst shall apply to the Authority in the prescribed form 1 set out in the Second Schedule, and the application shall be accompanied by (a) the prescribed fee; (b) details of the manufacturer of the substance; (c) manufacturer's authorization in case of an application by an agent; (d) chemical composition of the substance; and (e) empirical evidence supporting use and effects of the substance on the environment. Licensing of persons to treat Partnership with Authority. Cost of clearing pollution .. Fees Kenya Subsidiary Legislation, 2006 10. (1) The Authority may issue a licence in the prescribed Form II set out in the Second Schedule to a person to sell or treat fuel through the addition of an approved fuel catalyst and may impose such conditions as it may deem appropriate. (2) A person who offers for sale any fuel catalyst without a licence issued by the Authority commits an offence and shall be liable, upon conviction to the penalty prescribed in section 144 of the Act. 11. (1) The Authority may enter into a partnership arrangement with any person designed to provide (a) a facility for internal combustion engine emission inspection; or (b) services to fuel marketers, vendors or producers for treatment of fuel by supplementing an approved fuel catalyst; (c) capacity building on air quality management with emission reduction methods, technologies and with real-time ambient air quality monitoring networking capacity. (2) The Authority may enter into any partnership arrangement aimed at enhancing control of fossil fuel emissions and to this end, may train environmental inspectors, set up or license private emissions inspection workshops. 12. The direct cost of clearing pollution through fuel emission shall be borne by the polluter. 13. The fees payable for the application for approval of a substance as a fuel catalyst under these Regulations shall be ten thousand shillings. Kenya Subsidiary Legislation, 2006 FIRST SCHEDULE (r.4 (2)) A. PETROL POWERED MOTOR VEHICLE EMISSION STANDARDS Class I: Gross vehicle weight of 6000 pounds or less 1975-1977 500 1978-1979 400 1980 300 1981 + 220 Class II: Gross vehicle weight of 6001 pounds to 10,000 Pounds 1975-1977 750 1978-1979 600 1980 400 1981-1984 300 1985 + 200 Vehicle Class and Model Year Maximum Emission Concentration HP(ppm) CO (percentage) 5.0 4.0 3.0 1.2 6.5 5.5 4.5 3.0 1.2 B. DIESEL POWERED MOTOR VEHICLE EMISSION STANDARDS Standards and Procedures for Inspection of Diesel Fueled Vehicles-Pass/Fail Criteria 1. Dynamometer Conditions (a) A diesel-powered vehicle with a net weight greater than or equal to 6001 pounds and less than or equal to 10,000 pounds shall be tested on a loaded dynamometer by applying a single load of 30Hp (±2Hp) while being operated at a drive wheel speed of 50 mph (±2mph). (b) A diesel-powered vehicle with a net weight of 6000 pounds or less shall be tested on a loaded dynamometer by applying a single load of9Hp (±2Hp) while being operated at a drive wheel speed of 30mph (±2mph). 2. Opacity Standard No diesel-powered vehicle shall emit visible emissions in excess of 20% opacity for 5 consecutive seconds or more when under the applicable loading. Kenya Subsidiary Legislation, 2006 (a) All diesel-powered motor vehicles shall be inspected with an opacity meter that meets the requirements of the Authority. (b) Separate measurements shall be made on each exhaust outlet on diesel-powered motor vehicles equipped with multiple exhaust outlets. For vehicles equipped with more than one exhaust pipe, the reading taken from the outlet giving the highest opacity reading shall be used for comparison with the standard. Exhaust tail pipes on diesel-powered motor vehicles shall allow for safe attachment of the opacity meter sensor unit. Dual or multiple exhaust motor vehicles will be tested by sampling all exhaust tail pipes simultaneously or individually. (c) Any diesel-powered motor vehicle not meeting the opacity standard shall fail the inspection. 3. Idle Mode Test When it is necessary to omit the loaded mode test, as specified below, an opacity measurement shall be made while the vehicle is operating at idle under no load. (a) If the opacity measured during the idle mode test is greater than 5%, the vehicle shall fail the inspection. (b) The loaded mode test shall be omitted on any motor vehicle if (i) The motor vehicle is in any condition that precludes loaded mode testing for reasons of health or safety, or both, or personnel, facility, equipment or vehicle. (ii) The motor vehicle is unable to be tested because of the vehicle's inability to attain the speeds specified on the dynamometer. (iii) The motor vehicle is equipped with a constant four-wheel drive. (c) Re-inspection stations shall not be allowed to perform the idle mode test for diesel-fueled vehicles. 4. Inspection Rejection. The emissions inspector may refuse to perform the opacity test required by these Regulations for any motor vehicle if the motor vehicle has an obvious exhaust system leak Kenya Subsidiary Legislation, 2006 or other condition that could affect the validity of the opacity reading, as determined by the emissions inspector. SECOND SCHEDULE FORM I (NEMAlFC/1) Application Reference No . Applicable Fee: Ksh. 10,000 APPLICATION FOR LICENCE FOR FUEL CATALYST TO SUPPLEMENT THE SPECIFIED FOSSIL FUELS [Regulation 7] Name of applicant . Person Authorized to Act on behalf of Applicant (Name and Title) . Contact Person (Name and Title) . National Identification CardlPassport No . Contact Person's Physical and Postal Address: (Business) . Company Name: . Physical Address: . Postal Address: . Main Business Activity . Tel/Fax/Email contacts: . Kenyan Business Registration Certificate No . Kenya Subsidiary Legislation, 2006 PIN Number hereby applies for approved fuel catalyst Type ofFuel Catalyst 1 . Scientific Formula ofFuel Catalyst Kenya Bureau ofStandards KS' Number 2 . 3 . 4 . 5 . 6 . I declare that the information provided in this application is correct and accurate and that the applicant makes this application in support of a request for approval by NEMA of a fuel catalyst to be supplemented to the specified fossil fuels and in compliance with the provisions of these Regulations. Dated 20 . Name Signature . Witness . Address . Occupation . Kenya Subsidiary Legislation, 2006 FORM II (NEMA/FC2) LICENCE FOR APPROVED FUEL CATALYST (Regulation 7) Licence No. FFIFC . Name . Address . The Authority has evaluated your Application Ref. No and a licence hereby issued for use of the following fuel catalyst: Kenya Bureau ofStandards KS' Number Scientific Formula ofFuel Catalyst 1 . Type ofFuel Catalyst 2 . 3 . 4 . 5 . Kenya Subsidiary Legislation, 2006 6 . For use in specified fossil fuels and is granted subject to the following conditions: CONDITIONS OF LICENCE 1. This Licence will be valid for the project period of from the date hereof. 2 . 3 . 4 . 5 . Director General National Environment Management Authority (Signature and official Stamp) Made on 1ih September, 2006. KIVUTHA KIBWANA, Minister for Environment and Natural Resources.