Environmental Management and Coordination (Air Quality) Regulations, Legal Notice no. 34 of 2014

I SPBCIAL ISSUE Kenya Gazette Supplement No.4l 201 I lth April,20l4 I I \ ( Legislative Sapplement No. I 5 ) Lecel Norrcr No. 34 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT "Ci (No.8 of teee) ^t""THE ENVTRONMENTAL MANAGEMENT AND CO-ORDTNATTON (++:.f, QUALTTY) REGULATToNS,2014 eg:#kl ARRANGEMENToFREGUT-ATroNS ^v*sxPRegulations S()]S \y PART I-PRELTMINARY +F t " I -Citation 2- Interpretation 3 -Objectives 4-Application PART II G ENERAL PR.OHIBITIONS 5-Air pollution 6-Priority air pollutants 7-Ambient air quality limits 8 - Suspehded Particu late matter 9-Odour guideline PART III PERMISSIBLE LEVELS l0-Review of priority pollutants PART IV CONTROLLED AREAS 1l -Air quality limits in controlled areas I 2 - Declaration of controlled ireas l3-Air quality management plan PART V STATIONARY SOURCES I 4- Emiseion from controlled facilities 15-Emission standards 16-Air pollution control systems l7-Exposure report format li8*Excessive Emissions Kenya Subsidiary lzgislation, 20 I 4 l9-Emission report 20-Air quality limits at property boundary 2l -Control order Z2-Fugitive emission control plan 23-Fugitive emission reduction measures PART VI MOBILE SOURCES 24 -lnternal combustion en gines 25-Vehicular emission sources 26-Inspection of motbr vehicles 27-Vehicular emission reduction measures 28-Dispersion of Particulate matter PART VII OCCUPATIONAL AIR QUALITY LIMITS 29-Occupational exposure of air pollutants 30-Variation of exposure limits 3 I - Exposure to hazardous substances PART VIII OTHER SOURCES 32- Particulate emission from material handling 33 - Particulate emission from demolitions 34-Effects of stockpiling of material 35 - Emissions from waste incinerators 36-Nitrogen Oxides emissions 37-Open burning 38 -Cross-border air pollution PART IX-LICENCES 39-Application for an emission licence '40 Application procedure 4l -Emission licence 42-Requirements for application of emission licence 43 - Licence processirtg period 44-Renewal of emission licence. 45-:Transfer of emission licence 46 - Liability of Transferee 47-Variation of emission licence by Authority zt8-Compliance plan \ Kenya Sub sid iary k g is lation, 20 I 4 20'3 49 - Suspension, revocation or cancel lation of emission licence 50 - itegister of emissiion licences 5l -Appeal provision PART X METHODS OF MEASUREMENT, ANALYSIS AND I".ABORATORIES 52-Measurernent of Air pollutants 53- Measurement of ambtent air qua{hy 54-Visible air pollutants . 55-Measurement of vehicular emissiops 56-Period for Storing record's 57-Obnoxious snrlls PART XI- INSPECTIOI'I AND MONITOR.ING 58-Monitoring ambient air quality 59-Assessment of ambient air quality 60- Prelirninary asse$ernen{ of stationary souroes 6l -Provisiion of Portholes in Stacks 62-Provision of service for stack sampling 63-Stack emission recorbing and reporting requirements 64- Continuous Monibring System requirements 65-Air quality monitoring records PR T xIT REPoRTING 66- lnitial emission assessrRent report 67-Atmospheric impact report 68-Monitoring records 69- Notification of excessive emissions PART XIII MISCEI"IANEOUS 70-Guideline for rnonitoring air pollutants 7l -Greenhouse gases 72-Dioxins and furans 73-Emission rate for oxides of nitrogen 74-Notification of permissible levels 75-Baseline levels of priority air pollutant 76-Offences & Penalties 77-Pollution Charges 78-Revocation of LN. 13112006 f Kenya Subsidiary l*gislation, 20 I 4 79-Transitional hovision SCHEDULES' First Schedule-Ambient Air Quality Tolerance Umir Second Schedule- Priority Air Pollutants T,hird Schedule-Emission Limits for Controlled and Non-Controlled Amenities Fourth Schedule-Guideline on Air Pollution Monitoring Parameters from Stationary Sources Fifth Schedule- General Guidelines Sixth Schedule-List of Controlled Areas Seventh Schedule -Acc€ptable Emission Control Systems Eighth Schedule- Emission Moniloring Report Form Nfut[r Schedule- Emission Licence Forms Tonth Schedule-Record of Pollution Exposure Results. Eleventh Schedule- Methods of Test and Measurement of Air Pollutants Twelfth Schedule-Aceeptable Mobile Emission Control Technologies. Thirteenth Schedule - Fees Fourteenth Schedule- List of Controlled Facilities THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT. (No.8 ofl999) IN EXERCISE of the powers conferred by sections 147 of the Environmental Management and Co-ordination Act the Cabinet Secretary for Environment ,Water and Natural Resources makes the following Regu lations : TTM ENVIRONMENTAL MANAGEMENT AND CO'ORDINATION (AIR QUALTTY) REGULATIONS, 20 14 PART I-PRELIMINARY l. These Regulations may be cited as the Environmental citation' Managoment and Co-ordination (Air Quality) Regulations, 2014, and shall come into operdion on such dgte as the Cabinet Secretary may, by notice in the Gazete, appoint. 2. In ftese Rogulations'unless the context otherwise requires- Intcrprctrtion. "ambient alr quatity standards" means those ambient air quality standards specified under thQse Regulations which, in the judgment of the Authority, are requisite to protect human hcalth and allow an adequate margin of qafety; I i Kenya Sub s idiary l* g is lation, 2 0 I 4 "Bureau" means the Kenya Bureau of Standards established under the Standards Act; cap 496. "confiolled areas'r means any area designated as such by the Cabinet Secretary under regulation I l; "contol Order" means the instructions to a proponent issued in writing in order to comply with the specific legal requirements; "emission limits" means the permissible levels of emission of pollutants set out in the Third Schedule; "equipment shut-down" means the process of taking a unit of equipment off-line froryr an operative condition such that normal production rates are not being achieved; "equipment start-up" means the process of bringing a unit of equipment on-line from an inoperative condition such that normal production rates are being achieved; "exposure limit" means the standards of exposure ortischarge or emissions established under the Act or under these Regulations; "excessive emission" means emission of an air pollutant in excess of an emission standard or emission taryet; "existing facility" ineans any facility having an air pollutant source that istonsfructed, or in operation, installed or used in Kenya on or before the commencement of these Regulations; "incineirator" means any equipment, device or contrivance used for the destruction, by burning, of solids, liquids or gaseous wastes, other than any equipment, device or contrivance used exclusively to burn wood wastes; "Kenya Standard" means a standard developed or adopted by the Kenya Bureau of Standards; "matfunctiorf' means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process or process equipment, to operate in a normal manner, but does not include any failure that is primarily caused by poor maintenance or negligent operation; "monitoring" means any periodic or continuous surveillance or testing to determine the level of compliance.'.with statutory requirements or pollutant levels in various media or in humans, animak, and other living things. "PM2.5" means Particulate matter with an aerodynamic diametbr of less than or equal to a nominal 2.5 micrometers, as determined by the appropriate reference methods listed under the Eleventh Schedule ; 205 I \ I 206 Ke nya Sub s idiary lc g is latio n, 20 I 4 "PMro" means finely divided solid or liquid materiaf, with an aerodynamic diameter less than or equal to ten micrometers emitted to fre ambietrt air as rneasured by applicable refererce methods listed under the Eleventh Schedule, or an equivalent or alternate method approved by the Authority; "Ringlemann number" means value representing the darkness of a plume of srnoke assessed by visual comparison wirh a set of grids nurnbered from 0(white) to 5 (black) (Ringlemann Chart); "Ringlemann Smoke Chart" means the chart published and described in the Relevant Kenya Standard, ot any chart, recorder, indicator, or device for the measurement of smoke density which is approved by the Authority .as the eguivalent of the said Ringlemann Scale; "stack" means a flue, chimney, conduit or other device constructed for the purpose of discharging air contaminants into ttre atmospftere; "stack height'" means fte vertical distance measured in metres between the points of discharge from a stack into the atmosphere and the land thereunder; "stationary sourcC' me{r$ any fixed building, structsFe, facility, installation, equipment or any motor vehicle, wa0erborne craft, aircraft or diesel locomotivc deposited, parked, moored, or otherwise remaining temporarily in place, which emits or may emit any air pollutant; "Standard conditions" means a ternperature sf 293" K (20"C) and a pressure of 101.3 kilopascals (29.92 in Hg); 3. The objective of these Regulations is to provide for dte prevention, control and abatement of air pollution to ensure clean and healthy ambient air. 4. (l) These Regulations shall apply to (a) all internal combustion engines; (b) all premises, places, processes, operations, or works to which the provisions of ttre Act and Regulations made thereunder apply; Ntd (c) any other appllance or activity &at the Cabinet Secretary may by order in the Gazntte, speciff. (2) The provisions of these Regulations shall be in addition to o,ther requhemcntr imposed by or under the Act or any other Objcctivc. Application b/" Kenya Subsidiary Legislatian, 20 I 4 written law. (3) Notwithstanding paragraph (l), the following operations Exemptions. shall be permissible under these Regulations provided that they are not used for the disposal ofrefuse (a) back-burning to control or suppress wildfires; (b) fire fighting rehearsals or dritls conducted by fire service agencies; (c) traditional and cultural burning ofsavanna grasslands; (d) burning for purposes ofpublic health protection; and (e) emissions of air pollutants from all stationary and mobile sources as set out under Part I ofthe Fifth Schedule. (4) Where, in relation-to a particular air pollutant or air pollutant source, there are no emission standards, targets or guidelines set out in-.these Regulations, the Authority may apply, subject to such modifiiations, if any, as the Authority may consider necessary, any internationally recognized emission standards, targets or guidblines in relation to the air pollutant or air pollutant source. (5) For the purposes of paragraph (a) the Authority in consultation with relevant lead agencies shall, within six months of the coming into opera$on of these Regulations, formulate the National Emission Standards for air pollutants such as those stipulated under the Third Schedule. . P.{RT II---GENERAL PROHIBITIONS 5. (l) No person shall- Airpollution. (a) act in a way that directly or indirectly causes, or is likely to cause immediate or subsequent air pollution; or (b) emit any liquid, solid or gaseous substance or deposit any such substance in levels exceeding those set out in the First Schedule. 6. No person shall cause or allow emission of the priority air pollutants prescribed in the Second Schedule to cause the ambient air quality limits prescribed in the First Schedule to be exceeded. 7. No person shall cause the ambient air quality levels specified in the First Schedule of these Regulations to be exceeded. 8. No person shall cause or allow particulate emissions into the afinosphere from any facility ligted under the Fourth Schedule in excess ofthose limits stipulated underthe Third Schedule. 207 Priority air pollutans. Ambient air quality. Suspeilded particulate mattcr. Kcnya Swbsidiary Leg is latiou,, 20 l 4 Fon the puxrpo$es of thi,s paragraph, "suspended Parti'culate matter" means all Particulate rnaterial which persists in the atmosphere or in flue gas s,trearn for lengthy periods b.ecause the Particles are too small in size to have appreciable falling velocity. 9. A person" being an owner of premises, who causes <>r alloss the generation., from any source, of any odour which unreasonablr interferes, or is likely tq unreasonably interfere, with any other pcrsorr's lawful use or enjoyment of his property shall ensure that thc odoLrr emission limits comply with the ambient quality lirnits sct out tmder the First Schedule. PART III-PERMISSI BLE LIIVI]LS 10. ( I ) The Authority shall in consultation rvith re levant le ad agencies, from time to time review thc list of'prirlritl pollutirttls set aut under the Second Schedule and the arlbient air qualit-r levcls specified in the }:irst Schedule and prescrihc the pcrtttissible le vcls thereof. (2) -l-he Authority shail uhen review'in,u Iinrits li>r atrbicnt air elu,alri,ty' le"vels specifi,ed in the Iiirst Schedule take into account thc lirnit- deterrnininE facturs sct ()ut irr l)art III <lf-the [rilth Schcdulc; I'}n R.l IV C()N IItOI-l-lrD n I{t:n S Il. No person shall cause pollution in a controlled areas set out in the Sixth Schcdule to exceccl the lirnits stipulated Lrndcr the [iirst Sched u I e. 12. (l ) -l'he C'irhine t Scurutarr tnit-r irt consttltatiott rvitlr the Authoritl' declare zlrl arcil u:; u controlled area *'lie re (a) antbient air quirlitl stan(l.rrds are being or are likcly to be e.rcceducl in tlr,: arca. or atl-r other situatitln exists rvhich is causittg. trr is likclr to cattse. a sienil'icant ltcgativc illlpact on hunurr) huullh. cnvirot.tttret.tt and rtatirlnal heritagci or (h) thc arcir r,:,1tt it'ur a specilic air qualitr nranast:tllr:llt actioll ltlan trr r,:etilr llte :itrtatiott. (2,) .l hc declirrlrtiott til it controlled arua Ltrltlur plrrauraph (11 rnay bc * ithdritrr tt hr lltc ( lrhil'rct Secre tltrr ttlit'r cottsLt ltlrtitlrt rr'illt thc ,,\utltorit., il tlre arca rs in corrtpliittlut rt jtlt ltrrliri,:tlt irir tlLrality sl.irrrciirrJ. I, r' :r ltcrrod ol'at lCaSt three ntOntlts ()t it) l)til\ hu tlu':rrrcCl flt lrr the \Lriir,,r'itr i ' t I ) I hu Authority shall, rvithin thrce rtr''rrtl,s lrlicr tlte .ic-irrrirtiott o1' a controlled area under regulation ll. irt cottsLtltittion rr itlr tlre rcle vatrt lead agencieS prepare an atea air qulrlitr lllitllirsulllcllt plan fi>r the area and submit the plan to the Cabinct Secre titrr rrllo sltall publish lher same in the Cazette. (2) A controlled area air quality manauetrtetlt plittt 208 l, I(ertetr ll 1rr,,rrt. prrllulirttls Arr rluirlrlr corrlrolled irrcits l)cclar;rtiott ol a corrlnrllcrl aren. Air (Jualrl) \'lanngcrncnt l'larr. ! Kenya Sub sidiary lc g islation, 20 I 4 209 (a) shall be aimed at coordinating air qualiry management in the area; (b) shall address issues related to air quality in the area; and (c) may, for the purposes of implementation, provide for the establishment of a committee representing relevant stakeholders. (3) A controlled area management plan shall lapse upon the withdrawal of the declaration of the controlled area under paragraph 2. PART V-STATIONERY SOURCES 14. (l)A person, operating a controlled facility specified in the Fourteenth Schedule shall not (a) Cause the emission of any pollutant listed under the Second Schedule from any point sources without a vplid ernission licence issued in accordance with the provisions of the Act; or (b) Cause the emission of any air pollutant listed under the Second Schedule from any point sources in levels exceeding the lhnits set out in the Third Schedule. For the purpose of this panegraph, "point source" means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys. (2) A facility that is not listed in Fourteenth Schedule which is found to be'in contravention of this regulation more than threb times within a period of six months shall be required to apply for an emission licence under regulation 40. (3) No person shall cause or allow the emission of visible air pollutants from a stationery source in excess of the limits set put in the Third Schedule. (4) The provisions of paragraph (l) (b) shallnot apply to the start-up and shut-down of equipment in respect of which an emission Iicence has been issued under these Regulations. For the purpose of this paragraph "start up" means the setting into operation of a facility, or sources in a facility for any purpose and "shut down" means.the cessation of operation of a facility or source, as the case may be, for any purpose; Emission control from listed facilities. 15. No person, owner or operator of a facility shall cause or Emission allow the emiision of air pollutanis in excess of the limits stipulated standards' 210 Kent'a Subsitliary Le,qi.slcttiort. 20 l1 under the Third Schedule. 16. (l) The control systems set out in the Seventh Schedulc Arrpollutron shall be used by all persons whose operations cause or are likell, to c.ntr()l s-\sterrrs cause the emission of pollutants in excess ol'the lirnits set out in the Third Schedule, (2) Any waste or other by-product of a system referred to in paragraph (l) shall be disposed of or treated in accordance with regulations made in that respect under this Act. (3) The emission reduction measures set out under Part IV of the Fifth schedule shall be applied in the operation of burners. 17, The owner or operator of a controlled facility shall ensure Exposurereport that exposure of workers to occupational air pollutants is monitored format' and recorded in the form set out in the Tenth Schedule. 18. A licensee shall report to the Authority any event resulting in Excessive an excess emission by (a) giving a notice of such event, in Form II set out in the Ninth Schedule, within twenty-four hours after the occurrence of the event; and (b) delivering a written report to the Authority within fourteen days after the occurrence of the event, describing the circumstances surrounding the event and the corrective measures taken or planned to be taken to prevgnt future occurrence of the same. 19. (l) A licensee shall submit an emissions report in respect of each calendar year to the Authority within six months after the end of that calendar year, unless otherwise directed by the Authority. (2) An emissions report shall contain information on the maffers set out in Part V of the Fifth Schedule. 20. (l) No person, operator or owner of any facility shall cause or allow fugitive emissions to qause the ambient air quality at its property boundary to exceed the limits prescribed under the First Schedule. (2) The owner or o[erator of a facility from which the-fugitive emissions cause ambient air quality limits specified under the First Schedule to be exceeded shall institute remedial measures recommended under Part Vl of the Fifth Schedule. Emission rcport. Air qualiry at prcpcny boundary. 2l . (l) A control Order may be issued in anticipation of a breach control ordcr. of any prolision of these Regulations or of any term or condition of a licence, or in response to such breach. Ken -vct Su bs id iart' Le g is lat io n, 20 I 4 2ll (2) A control order shall (a) specify the breach in respect of which it is issued; (b) specify the steps to be taken to ameliorate the effects of the breach; (c) specify the time within which the steps shall be taken; ahd (d) may, where appropriate, require the immediate cessation of tlre breach. (3) Any person who fails to undertake the steps specified in the control order issued under this regulation commits an offence and is liable on conviction to a fine not exceeding one hundred thousand or imprisonment for a term not exceeding three years. 22. (l)The Authority may, as part of the requirements of an application for emission licence for a controlled facility with a fugitive emission,air pollutant source, or as part of a requirement of a control Order under regulation 21, rpquire the applicant to submit a written fugitive emission control plan for the control of fugitive particulate emissions, if (a) the facility has a fugitive emissions source operating with emissions in excess of nventy percent opacity as determined by methods prescribed under Part VII of the Fifth Schedule; (U,) the facility has a fugitive emissions source operating with visible emissions that are being transported off the boundary of the property on which the source is located; or (c) in relation to the facility, the ambient air quality standard for total suspepded particulates or for PMss specified in these Regulations is being exceeded at a location offthe boundary , of the property on which.the source is located. For the purpose of this paragraph "opacity" means the degree to which emissions reduce the fransmission of light and obscure the view ofan object in the background; (2) The Authority shall review a fugitive emission control plan within forty-five days of its receipt and shall, before the end of that period, notiff the applicant as to whether the plan is approved,' disapproved, or if further information is required. (3) Where a fugitive emissions contol plan is submitted as part of the reguirements of a licence application, such plan shall be reviewed along with all other aspects of the ppplication and all provisions relating to the time period for review of licence applications shall apply to the review of such plan. .f (4) Where'a fugitive emission control plan is disapproved, the Fugitivc cmission control plan. ! \ I I \ 212 Kenya Sub s idiary k I is lation, 2 0 I 4 notification of the disapproval of the plan shall (a) be given to the licensee within nventy-one days, setting out the reasons for disapproval; and (b) inform ttre licensee of the licencees right to rovise and" resubmit tho plan within fhirty days of the date of delivery of such notification. (5) If after tho reviery of a resubmitted fugitive ernission control plan some aspects of the plan that ue unsatisfactory to the Authority, the Authority may approve the plan subject to such terms, conditions or modifications as it considers necessary in order to eliminato or mitigafe the unoatiofactory aopocts of ths plan. (6) Where a plan is'made $ubjest io any term-s, condition or rnodification under paragraph (5), the notification of the approval of the plan shall contain a written stat€meni of the ,Bsons for the ttrrn, condition or modifipationn as fhe case may be. (7) The Authority may periodically review any fugitive emission contol plan approved by it and if the Auttrority determines that the objectives of the plan are not being met, it shall require submission of a revised plan within sixty days after suph reguost (8) For the purposes qf this regulation, fugitive bmission air pollutant sources shall inelude those indicated ln Part VIII of the Fiffr Schedule, 23: A fugitive emission confiol plan may require the employment of measuros or oporating procedures indicated in Part VI of the Fifth Schedule. PARTVI-MOBILE SOURCES 24. The Authority shall ensure that ernissions from all internal combustion engines are monitorpd in accordatrcp wittr the mpttrods set out under the Eleventh Schedule. 25. {l)No person shall cause or allow ttre emission of visible air pollutants from a stationary vehicle in excess of fie limits set out under the presoribed Standard. A\ Every operator o? owner of a mobile emission soure€ including road, rail; air, m.arine and inland water transport and gonveyance equipment, shall contol the emission of. priority air pollutants set out in the Strond Schedule. (3) The emissions from an internal combustion engine shall not oxcegd the llmits prescribed under flre prescribed Standard. i Fugitive emissir rcduction lEasutes. lntcrnal ciimbustion engincs Gencral. Vehicular cmissioo sourccs. Conuot of vchicular emisrions. Vehicular imfusion limits. (a) The vehisular emigsiono shall be testsd in rcpordmce with the Mcthods of &st. Kenys Swb sid tury l,eg istntion, 20 I 4 prescribed standard or any other rnethod approved by the Atrthority in consultation with the Bureau. (5) Any person who causes ernissions from a mobile sourc€ in excess of the prescribed standards comrnits an offence" For the purpose of this paragraph "mobile source" rneans a moving producer of air pollutant, mainly forms of transport including . motorcycles, cars, trucks, trains, ships and aircrafu; (6) In this regulation "prescribed standard" means the Standard prescribing codes of practice for the inspection of motor vehicles. 26. (l) The Authority in consultation with the agency Inspection of responsible for motor vehicle inspection may at any time order tire motGrvehicles' inspection of a vehicle releasing visible exhaust emissions. 27. (2) The Authority in consultation with the agency responsible for motor vehicle inspection shall ensurc that (a) all commercial and public service vehicles undergo emission tests annudlly; and (b) all private vehicles over five years old undergo emission tests once in every two years. (3) The emission tests referred to in paragraph(2) shall be caried out by the relevant agency responsible for the motor vehicle inspection or accredited erirission vehicle testing centers. 28. In order to meet the emission standards stipulated by the Emission Bureau, the owner or operator of a mobile emission sourc€ may use rtduclion any of the emission reduction measures specified under the Twelfth measures' Schedule or any other technolpgy acceptable to fte Authority. 29. No person shall cause or allow the dispersion of visible Dspcrsion of particulate matter from any material being transported by motor vehicle particulatc matter' or by other mode of fiansportation. PART VII--{CCUPATIONAL AIR QUALITY LIMITS 30. (l) The occupier or operator of premises shall ensure that occupational r*porur" of indoor air potlutants d'oes not exceed the exposure cxposurbof air limits stipulated under the Factories and Other Places of Work pollutants' (Hazardous Substances) Rules or under any other relevant law. LN. 60 /2007 (2) Where the hazardous substances referred to in paragraph (l) are not covered under the legislation referred to therein, the occupier or operator shall apply the guidelines provided by ttre manufacturer or supplier of the substances. 2t3 2t4 Kenya Subsidiary l4gislation, 20 I 4 31. The Authority, in consultation with the relevant lead agencies may (a) prescribe exposur€ limits of air pollutants and emission levels of hazardous substances ; (b) prohibit the use of substances which pollute the working environment; or (c) speci$ particular measures of prevention of pollution or protection of workers. 32. Anowner Dl occupier of a contolled facility shall (a) inform the workers of the hazards in specific work 6nvironments; (b) tain the workers on the potential hazards ofany hazardous substance to which they are exposed and the safety precautions to be taken to prevent any harm to their health; (c) ensure that measurements of pollutants are carried out by a laboratory designated by the Authority in order to determine compliance with the prevailing allowed levels of exposure; (d) ensure that record of measurements carried out under paragraph (c) are reported to the Authority on a quarterly basis; and (e) take exposure reduction measures recommended under Part IX of the Fifttr Schedule. PART VITF--OTHER SOURCES 33. No person operating construction equipment or handling constuction material shall allow emission bf particulate matter so as to exceed the limits set out in the First schedule. 34. No person shall cause or allow emission of particulate matter during the demolition of stuctures, buildings, or parts of buildings in such a manner as to exceed the limits set out in the First Schedule. iS. No person shall cause or allow stockpiling or other storage 'of material in a manner likely to cause ambient air quality levels set out under the First Schedule to be exceeded. 36. No person, operator or owner of any waste incinerator shall allow or cause emission of air pollutants set out under the Second Schedule in excess of the appropriate mass emission rates indicated in the Third Schedule. Variation of cxposurc lcvcls. Exposure to hazardous substances. Particulates from material handling. Particularcs from demolitions. Effect of stockpiling material. Emissions fiom wastc incincrators. 1 I Kenya Su bs id iary lc g is latio n, 20 I 4 2t5 37. (l) No owner or operator of fuel burning equipmenr shall Noxemissions. cause or allow emissions of oxides of nitrogen in excess of those stipulated in the Third Schedule. (2) The owner or operator of a faciliry whose fuel burning equipment causes emission of nitrogen oxides in excess of the limits specified under the Third Schedule shall institute remedial measures recommended under the Part X of the Fifth Schedule. For the purpose of this paragraph "nitrogen oxides" 'means the surn of nitric oxide (NO) and nitrogen dioxide (NO2) expressed collectively as a nitrogen dioxide equivalent; 38. No person shall cause or allow emissions of priority air pollutants set out under the Second Schedule from disposal of medical waste, domestic waste, plastics, tyres, industrial waste or other waste by open burning. 39. (l) Every owner or operator of a controlled facility shall ensure that em.issions from his facility does not cause air pollution in any territorv outside the jurisdiction of Kenya in excess of the relevant ambient air quality levels prescribed both in Kenya and in the territory outside the jurisdiction of Kenya. . (2) No person shall cause the quality of the ambient air in controlled areas to exceed the limits set out in the First Schedule. PART IX-LICENCES 40. The owner or operator of any controlled facility shall apply to the Authority for an emission licence within twelve months from the date these Regulations come into force. 4l . (l) An owner or operator of a controlled facility shall apply for a provisional emission licence by submitting to the Authority, an application in Fqrm I, set out in the Ninth Schedule. (2) An application shall be considered complete when the following requirements are satisfi ed (a) the application form is complete in respect of all the information required of the applicant, including any necessary supporting data and calculations; (b) the licence application is accompanied by a compliance.plan that indicates the proposed activities and the schedule for bringing the facility into compliance where (i) ghe expected emifsions from any source or activity in the application are likely to exceed any applicable emission standard or target; Open burning. Cross-Border air pollution. Application for an emission licencc. Application procedure for provisional emission licence I \ I I 216 Kenya Subsidiary kgislntion, 20 I 4 (ii) ani expected emissions from the facility are based on dispersion modeling, are found to be likely to exceed any ambient air quality standard; or (iii) any expected ambient air quality measurements at required monitoring locations exceeds a prescribed air quality standard; (c) an authorized official of the applicant icertifies the truth, accuracy, and completeness of the application, as provided in the application form; and (d) the application form is accompanied by proof of payment of the prescribed: licence application. fee and prescribed emission licence fee. (3) Where the Authority considers and is satisfied that the application is complete, it shall issue the applicant with a provisional licence in Form III set out in the Ninth Schedule within a period of ninety days from the date of receipt of the application. (4) Where the Authority considers and it is satisfied that an application under this regulation is incomplete, it shall notify the applicant acc<irdingly within a period of sixty days of the receipt of the application. (5) A notification under paragraph 4 shall be in writing and shall specify the information needed to make the application complete and prescribe a reasonable time frame for response from the applicant. (6) Where, while processing an application that is found to be complete, the Authority determines that additional information is necessary to evaluate or take final action on that application, the Authority may in writing request for such information and set a reasonable deadline for respoilse. (7) Once the Authority determines urat an application is complete, the Authority shall notiS the applicant accordingly and such notification shall constitute a provisional emission licence, which shall remain in effect until the Authority notifies the applicant in writing the approval or refusal of the application .. 41. (l) A provisionat licensee shall ensure that the facility undergoes monitoring by the Authority at agreed intervals, and may, with the approval of the Authortty, apply for an emission licence in Form IV set out in the Ninth Schedule. (2) An emission licence, shall be in Form V set out in the Ninth Schedule, and shall be valid for a period of one year ,beginning on the date of the approval of the application for the licence, and may be ' renewed, on application for a successive period ofone year. Aplication for initial mission licence. Kenya Subsidiarl- LegisLation, 20 l4 2t7 (3) An emission licence shall be subject to such terms and conditions as the Authoriry may deem necessary. 42, An application for an emission licence shall be accompanied by (a) the prescribed fee as set out in the Thirteenth Schedule; and (b) such other information as the Authority may from time to time speciff. 43. (l) The Authority shall make a decision in respect of a licence application within ninety days after receipt and shall (a) notify the applicant of the decision, and give written reasons if the application was unsuccessful; (b) notify any person who may have complained of the proposed activity; and (c) at the request of any person contemplated in paragraph (b), give written reasons for its decision or make public its reasons. Requiremcnts for appl ications. Licence processing period I I I I l L (2) Where an application has been rejected under paragragh (l) the applicant shall reapply in a similar manner to the initial application. 44. (l) An application for the renewal of a licence shall be Renerval of accompanied by- emission liccnce (a) the prescribed application fee stipulated under the Thirteenth Schedule; and (b) such other information as may be required by the Authority, (2) The Authority shall, at the time of considering an application for renewal, decide on the continuation or otherwise of (a) ambient air monitoring; (b) meteorological monitoring ; (c) source testing; or (d) any other condition specified in the licence. (3) The applicants shall, for the purposes of paragraph (2) demqnstrate (a) the adequacy ofexisting data; (b) its relationship to past, present and future facility operating 218 Kenya Subsidiary lzgislation, 2014 conditions; and (c) the adequary of other means to document continuing compliance. 45. (l) Where a licensee wishes to transfer the license to another person ,the fansferee and fansferor shall jointly apply to the Director General for approval of the tansfer in Form VII set out under the Ninth Schedule at least ninety da1,s prior to any such change. (2) The Director-General shall consider an application under paragraph (1) and may grant the approval or decline with reasons in writing and fprward to the applicant. (3) Where the Director-General grants his approval, the transfer shall te effective upon payment of a transfer fee prescribed under the Thirteenth Schedule. (4) A licence transferred under paragraph (3) sirall be only in respect of the faoility for which the licence was issued. . (5) A persgn to whom a licence is hansferred to shall be issued with a Certificate of Transfer in Form VIII set out in the Ninth Schedule. (6) The transferoi of a licence under these Regulations shall be liable for all liabilities prior to the date of tansfer. 46. (l) The tansferee shall be responsible for any future liabilities or any obligations imposed with regard to the licence from the date the tansfer become effective. (2) Notwithptanding paragraph (l) the holder of an emission licence may apply io the Authori$ for the variation of the licence. (3)An application under paragraph (2) shall be in Form IX set out in the Ninth Schedule and shall be accompanied by the prescribed fee. (4) Upon receipt of an application for variation of an emission licence the Authority in consultation with the relevant load agencies shall consider the application within forty-five days, and where the application is approved, shall issue a certificate of variation in Form X set out in the Ninth Schedule. 47. The Authority may, in consultation with the relevant lead agencies vary an emission licence where it deenfs it neceesary and inform the holder accordingly in writing, giving reasons for- the necessary variation. 4S. (l) As part of the requirements of a Confoi Order or of an Transfer of Emission Licence. Uability of transf,crcc Variation of cmlision liccncc by Authority. C.ompli-rncc Ern. Kenya Subsidiary lzgishtion, 20 I 4 2r9 t application for the grant or renewal of a licence, the Authority may require the completion of a compliance plan. (2) A compliance plan shall include the elements stipulated in Part XI of the Fifth Schedule ,, 49. (l) The Authority may at any time, after issuing an emission licence under these Regulations, suspend, revoke or cancel the licence on such terms and conditions as it may deem fit. (2) A licence shalt be suspe'nded, revoked or canceled under paragraph (l) where ,(a) the ticensee contravenes the conditions set out in the ticence; (b) there is substantial change or modification.in the activities in respect of which it w.as issued; (c) the emission poses a health or environmental threat which pould not be reasonably foreseen before the licence was issued; (d) it is established that the information or data given by the licensee in support of the application for an emission licence was false, incorrect or intended to mislead; (e) the licensee'fails to obey a control order issued under these Regulations; or (f) the licensee fails to submit and comply with a,.,fugiiive particulate' emissions control plan or a compliance plan as required under these Regulations. 50. (l) The Authority shall maintain (a) a register of emission licences as set out in Form XI under the Ninth Schedule, and (b) monitoring reports which shall be public documents I maintained at the offices of the Authority for inspection by any person on payment of the fees specified under the Thirteenth Schedule. t 51. A person aggrierled by the decision of the Authority pursuant to the exercise of .ir poweis under this part may appeal in the manner provided in the Act. PART X-METHODS OF MEASUREMENT AND ANALYSIS 52. (l) A person, owner ofoperator of a facility listed under the Fourth Schedule shall ensure that measurement of emissions and occupational exposure levels are carried out in accordance with the Suspcnsion, Revocation or Cancellation of Emission Licencc. Register of EmRsion Licences, Appeal. Measurement of air pollutants. 220 Kenya Subsicl iary Lee islation, 20 I 4 nrethods oftest set out in the Eleventh Schedule. (2) The analysis of all measurements in paragraph ( l) above shall be carried out by laboratories designated by the Authority. 53. The Authority may, in consultation with the relevant lead agencies, carry out all measurements of ambient air quality levels in accordance with the methods of test set out in the Eleventh Schedule. Measurement of Ambient Air Quality. 54. The measurements of visible air pollutants shall be in Visible air accordance with the relevant method of measurement set out under the pollutants' Eleventh Schedule or in accordance with any method approved by the Authoriry. 55. The procedure for measuring vehicular exhaust emissions Measuring shall be in accordance with the relevant methods of test and analysis vehicular stipulated under the Eleventh Schedule or any other method approved cmrssrons' by the Authority. 56. (l) The record of the measurements carried out as required Periodforstoring under regulation 52 shall be kept by the owner, occupier, or operator of records' the facility for a period of at least two years or such other period as may be pr'escribed by the Authority. (2) All emission test reports shall be delivered to the Authority within ninety days from the date of completion of testing. (3) The Authority may, grant an extension of the period specified in paragraph (2) upon the submission to the Authority, not less than five days .before the expiration of such period, of a written expl.anation for the requested extension. (4) The records of these measurements shall be submitted to the Afithority within thirty days after analysis. 57. (l) An owner or operator of a controlled facility shall measure the level of obnoxious smells by use of analytical and measurement methods stipulated under the Eleventh Schedule, or alternatively may cause such levels to be assessed by a laboratory designated by the Authoriry. Where "odour" means property of substance tlrat stimulates characteristic smell. PART XI . INSPECTION AND MONITOR.ING 58. The Authority may monitor ambient air quality or request a relevant lead agency to undertake the monitoring on its behalf. 59. The Authority may in consultation with the relevant ilead agencies assess the air quality in accordance with the guidelines set out in Part XII of the Fifth Schedule. Obnoxious smells. Monitoring of ambient air quality . Assessment of Air Quality. Kenya Subsidiary Legislation, 20I 4 221 : 62. Where the Authority requires stack emission tests to Provision of beperformed under these Regulations, an owner of a thcility shall serviceforstack provide the following ' samPling' 60. (l) Pursuant to these Regulations, preliminary assessment of stationary sources of air pollutants shall be carried out by the Authority in consultation with lead agencies within controlled areas following the relevant guidelines. (2) For each controlled facility, the assessment for air pollutants shall include, as a minimum, the parameters indicated under the Fourth Schedule or any other parameter determined by the Authority. 61. (l) An owner or operator of a controlled facility while installing a stack shall ensure that it complies with the requirements stipulated under Part XIV of the Fifth Schedule (2)An owner or operator of a controlled facility shall provide portholes, and platforms which shall be conveniently located for easy access and all other facilities required for taking samples of air or emission from any chimney, flue or duct, plant or vessel or any other outlets. (a) sampling ports which are' adequate for the test methods applicable to the facility; (b) saft sampling platforms or other suitable and safe permanent or temporary structures or equiprnent;and (c) safe access to sampling platforms. 63. Results of emissions sampling and analysis shall be prescribed in the format set out in Part XIII of the Fifth Schedule and expressed in metric units consistent with the emission standards or targets set out in these Regulations and in the conditions, if any, imposed in the relevant licence. 64. (l) A licensee who has any of the sources of emission set out in the Third Schedule shall install, calibrate, maintain and operate equipment for continuously monitoring and recording emission levels in accordance with these Regulations, or equivalent emission measuring systems as may be approved by the Authoriry. (2) An owner or operator of a facility existing before the coming into force of these Regulations shall install equipment as required under paragraph (l) within a period of twenty-four months from the heliminary assessment of stationary sources Stack height. Provision of portholes in stacks. Stack emission recording and reporting requirements. Continuous monitoring systom requirements. date these Regulations come into force. 65. (l) An owner or operator of a controlled facility shall ,{irqualitv maintain air quality mgritoring records for sources of air pollution in monitoring th;;;;p;;'i6"J fi th.-n'rto'ity. records' (2) The monitoring records shall be in the prescribed form as set '\1.' Kenya Subsidiary Lagislation, 2() l4 o,.ut in the Eighth Schedule. (3) The records referred to in paragraph (l) shall be preserved the licensee for a period of two years or such longer period as rrray prescribed by the Authority. PART XII-REPORTING 66. An owner and operator of any stationary source rvhich is subject to regulation l4(l), shall, not later than onc ycar lrorn thc date of these Regulations come into operation (a) submit an initial emission assessment rcport in accordance with the guidelines set out in Part Xll of the Fifth Schedule; (b) notify the Authority of their applicability status: (c) submit an emission assessment report stating rvhat constitutes best available technology fbr the sourL-e, including technical and economic support docurncntation; and (d) provide a detailed schedule, acceptable to the Authority, [or implementing the best available technology prosranr. 67. (l) The Authority may require an operator. o\!'ner or occupier to submit an atmospheric impact report in accordance u'ith the guidelines set out in Part XII of the Fifth Schedule. (2) All emission test reports shall be delivered to the Authority within ninety days from the date of completion of testirrg. 68. (l ) An owner or operator of any facility listed in the Fourteenth Schedule shall submit the monitoring recqrds to the Authoriry on a quarterly basis. (2) The Authority shall convey its written comments on the records to the applicant within thirty days of the receipt thereof. (3) An owner or operator of a controlled facility, equipment, or air pollution control device which emits or causes to be emitted any air pollutant shall submit to the Authority any relevant information that the Authority may request in writing within sixry calendar days or any other period determined by the Authority. (4) An owner or operator of a controlled faciliry shall complete the installation and performance tests of the above equipment and begin monitoring and recording before issuance of an emission license. 69. (l) An owner or operator of any facility where the air pollution control system breaks down or malfunctions, and is likely to cause excessive emissions leading to imminent danger, shall notify the I by be lnitial enrission asscssntcnt fcport. A tnrosphcric inlpilct rcp()rt Monitoring rccords. Notification of excessi ve emissions. Kenya Sub s idiary Ie g is latian, 2A I 4 22& Authority within a period of twenty-four hours from the tirne of the breakdown. (2) An owner or operator of'any controlled facility to which paragraph ( I ) applies shall submit to the Authority a report on emission limit exceedence in the Form II set out in the Ninth Schedule PART XIII-MISCELLANEOUS 70. The Authority in consultatibn with the relevant lbad Guidelihefor agencies may issue guidelines, in addition to the guidelines provided in monitoring air plrt xtu brin. rid schedule to tfi€se RegulatiJm, ofl the monitoring polluti|nts' of air pollutants. 71. An owner or operator may adapt or install air pollution Greenhouse control technologies for rniti.gation of green house gases in apcsrdarcE gases' with the guidelines set out in Part X of the Fifth Schedule. 72. An owner or operator rnay retrofit his production processes Doxins and with air pollution control technotogies speci.fied under tho seventh ftrrans' Schedule in order to reduce erflission of dioxins and, furans,to limits specified under the Third Schedule. 73. The maximum emission rate for oxides of nitrogen from Ernissionratcfor stationary internal combustion engines sha[! not exceed those-achieve6 oxidbsof using best available technology ipeoified under the Part X the Fifttr nitrogcn' Schedule, or any other technolbgy approved by the Authority. 74. (l) The Cabinet Secretary shall upon ttre aornihg into, Notiffcatiion'of' operation of ftese Regulations., issue a notice in respect of facilities pcrmissible tisted in the Fourfeendisctreuott to- ' levels' (a) prescribe maximum, emission' standard$ in resp.mt of a substance or mixture of substances resulting from a listed activi$, and, idontified' in the'notice ifloludiug* (i). the penmissiblo a(tount or oonpon0atiot* of tlmt substance or mixture or, (ii) the manner in which the measurernont of such erlissions shall be carried out; and (b) prescribe transitional and other sBecial arrangPmenb' in respect of existing activities. 75. The Authority may in consultation with the relevant lead Bascline Lcvels agencies establdh baseline levels of priority air p,olluknts set Sntlilfl ^t . out in the Second Schedule. 76. A - person who contravenes' the provisions of these offcnccs'& R.egulations, commits an'offence and is-liable on conviction h a fine of Fsnaltio'3' five hundred thousand shillings or imprisonment for a term not 224 Kenya Subsidiary lE gislation, 20 I 4 exceeding six months. 77. Where the Authority demonstrates that a person is not complying with any of the standards set out in these Regulations, the Authority may charge such person a penalty of ten thousand Kenya shillings for every parameter not being complied with, per day, until such person demonstrates full compliance with the relevant standard related to such parameter. 78. Th'e Environmental Management and Co-ordination (Fossil Fuels) Regulations, 2006, are revoked. 79. Notwithstanding regulation 78 any person carrying out any activities prescribed in these Regulations immediately before the coming into operation of these Regulations shall, subject to regulation 64(2), within twelve months from the coming into force thereof, take all necessary measures to ensure full. tnmpliance with these Regulations. Chargcs for pollulion. Revocation of LN t3u2006 Transitional Provision. Kenya Sub sidiary I* g is lation, 2 0 I 4 225 ll (r 5,6, 7,10,11, 20,33,38) FIRST SCHEDULE AMBIENT AIR QUALIIY TOLERANCE LIMITS Table l: Ambient Air Quality Tolerance Limits Annual Average* Annual Average Instant Peak (10 min Annual Average* 226 Kenya Sub sidiary k gislation, 20 I 4 Pollutant Time weighteo Lverroe 24 hours** 500 uslnf 200 ws.lm" 100 us/m' Industrial area Residential, Rural & Othe area Controlled areas** * me/Ke Annual Average**** 100 uelm' 24 hours*{.* 180 uslm' 5. Respirable Particulate Matter (<l0pm) (RPM) Annual Average* 70 pglm' 50 pg/m' 50 pglm' 24 hours** 150 uelNm' 100 us/Nm' 75 uslNm' 6. PMz r Annual Averase 35 valm' 24 hours 75 ug/m" 7. Lead (Pb) Annual Averase* 1.0 ueNm' 0.75 ueNm' 0.50 uslm' 24 hours** 1.5 us./m' 1.00 relm' 0.75 vs./m" Month Averase 2.5 8. Carbon monoxide' (coy carbon diolidr (co,) l 8 hours** 5.0 mg/m' 2.0mglm' 1.0 mg/m' I hour 10.0 ms/m' 4.0 mey'm' 2.0 ms./m" me/Ke 24 hours** 9. Hydrogen Sulnhide 24 hours*t l50pglm' 10. Non-methane hvdrocarbons instant Peak 700nob II Totalvoc 24 hours** 600 aslm' t2. Ozone l-Hour 200 us/m' 0.12 opm 8 hour (instant Peak) 120 ueJm' 1.25 aom Kenya Subsidiary Legislation, 20 I 4 227 And any other parameter as may be prescribed by the Authority from time to time Legend (a) yS. microgram (b) mi - cubic metre (c) ppm - Pqrts per million (d) ppb - Parts per billion (e) Values at Standard Temperature anU Pressure (STP) (f) Conversion factors from ppm to mg/m3 and mg/m3 to ppm are stipulated under the Eleventh Schedule (g) * [Annual Arithmetic mean of minimum /04 measurements in a year taken twice a week24 hourly at uniform interval. ] ttr; 1** 24 lwurlylS hourly values should be met 98% of the time in a year. However, 2% o{ the time, it may exceed but not on two consecutive days. ] (i) Whenever and wherever trvo consecutive vslrr,es exceeds the limit specified above for the respective category, it would be considered adequate reason to institute regular/continuous monitoring and further investigations. 0) * ttre 24.hour timit may not be exceeded more than three times in one year; (k) x* 24-hour limit may not be exceeded more than three times in one year micrograms/m3 (l) **'* Not to be exceeded pore than once per year average concentration (m)***1n coversion of units from ppm to mg/m3 and vice versa shall use guidelines set o{,rt under Part Itr of the Fifth Schedule. / (b) Table 2: Ambient Air Quality at Property Boundary for General Pollutants (a) For residential premises in designated industrial areas, the above standards do not apply. Pollutant Time weishted Averase Property Boundarv I Partioulate Fatt€r (PM) Annual Average* 50 pglm' 24 hours** 70 ns.lm' 2. Oxides of Nitrogen (NO*): Annual Ayerage* 80 pglm' 24 hours** 150 irelm' 3. Sulphur oxides (SOx); Annual Average* 50 pglm' 24 hours** 125 us.lm" 4. Hydrosen Suphide 24 hours** 50 uslm' 5. Ammonia 24 hours** 100 uslm' Note. 228 Kenya Subsidiary Legislation, 20 I 4 (b) For industries in designated residential areas, standards for sh4ll apply. (16,1 0, SECOND SCHEDULE PRIORITY AIR POLLUTANTS Part I: General Source Pollutants (a) Particulate matter (Dust, black smoke, smog, aerosols); (b) Sulphur oxides (SOx); (c) Nitogen oxides (NOx); (d) Carbon monoxide (CO) (e) Carbon dioxide (CO); (0 Hyilrocarbons (HC); (g) VolatileorganicCompounds(VOc); (h) Hydrogen Sulphide (H2S); (D Hydrogen Chloride (HCl); 0) Lead and its compounds; (k) Mercury vapour (Hg) 0) Ozone (Oa); (m) Dioxins and furans (PCDD and PCDF). Part II: Mobile Source Pollutqnts (a) Hydrocarbons (HCs) (b) VolatileorganicCompounds(VOC); (c) Sulphur dioxide (SO*) (d) Nitogen oxides (NO*) (e) Particulates (PM) (D Carbon Mono*ide (CO) Part III: Greenhouse gases(GHG) (a) Carbon dioxide (COz); (b) Methane (CHr); (c) Nirous oxides (NzO); (d) Hydrofluorocarbons(HCFCs); (e) Perfluorocarbons (PFCs); and (0 Sulphurhexafluoride(SF5). residential areas 14,25, 35 ,37 ,7 5) ,] i I i Kenya Subsidiary lzgislation, 20 I 4 (r 8,I 4,1 5, t 6,3 5,36,64) THIRD SCHEDULE EMISSION LIMITS FOR CONTROLLED AND NON.CONIROLLED FACILITIES. Air Pollutant Industry 2 '!t ^,(?az c.io av q, tr o rtE tz LC 2E (n oz o-o! ttE odo o5 !0 2 s d z u o x E tr I 6a ? t C , t I t I 6 L tz .60 a I 6to6 {l o C' a o-c Gt o€ o o EDo !t E a,L h x 2 oz e z o Aluminium recvclins nlanLs l0 30 ,, 0 Asphalt mixing batch plants 100 t: glko 200 0 460 2 0 100 to 300 t: 22gl ko JUU to 500 t: 3lgl ko s00 r33 olks Boilcrs 50 * * Cement plans 50 400 150 0 5 0 0 3 0 0 0.5 ng/ Nm 1 Ccramics manufactur€ 400 180 250 nnm Cokc & coal nlants {. * AEouo AE iE5E G =€EBcb Fo E o 3S EBlo C' o E No 3 t t I no' a N G ro D c$ c r al 6 Eo !9 rt V F-U|(,FHt,iG) 5r A l oll OOOGI OOO Gi, I q1,"8 q1,"6 * E IJc u(5 Nc t, , Iihe o NDA Particulste (Dust) PMro (mgNm3) DA u B*rg Ora:lrag" e = UTNoc T NDA Sulphur oxide (SOy) (mg/I.,lm3) DA E 6-f.F,E oQ= i{'I OOG =, ONOr NDA Nitrogen oxides (NOx) (mgArlm3) DA O.9o * Carbon monoxide (ms/Nm3) Cerlnn dioxide (ms/Nm3) * (,N Hldrocarbons (mg/Nm3) Hvdrosen Sulnhide ou Hydrogen Fluoride '3aH'88'X Dioxins/Furans N UJo xG' lA s S a r-(\ Oa k-s Lo A. Kenya Subsidiary lzgklation,2014 231 Air Pollutant Industry a Z: EE o.io ie =v t) roE'*z LC =v& a oz 8C *,?o& EFo\, o! z s Ez d o1' x O z o E t L U z o! o 6t o ! a U, o! o 92 o 0!o a F aI> xo z z z s/ks Neu' : 60 J00 ppnr I 5 ng TE Q/ Nm 3 0, Munic ipal wastc 100 300 Mcdic al waste 20 (PM .l 500 300 Industr ial waslc 50 150 460 Kraft pulp mills 100 150 500 600 ., 0 I 5 Lcad Rccycling plants 20 (PM .-\ 4fi) Mincral Erunccino 50 Mining & Quarry 2 0 01 400 Non-fcrrous sccondary smcltcrs 50 20 Non-fcnous sccon&ry smchcrs t <10 t: 7.5 g/ks (PM ..) 800 q i ., 0 I 5 232 Kenya Subsid iary Leg islation, 20 I 4 Ail Pollutant z ^= =Zr-ir, ?. '22 :, ?, z Z ,iZ . .-L !a Z I)aint and rarnish nranulacturing I)csticidc manulacturi [)ctrolcun.r Rclincries I)c sticides lirrmulation 7. Q o o a e a9 qaa <ts? a19=l1:i5+; N NDA Particulafe @ust) PMls (mgn{m) DA @ q)- EA f { = D TOUJU)Lq3L"Ora-u DX"A 3B -,9 'q=.=9+b' NDA Sulphuroxide (SOx) (mg/Nm3) DA 00 N NDA Nitrogenoxides (NOx) (mg/Nm3) DA o,% * Carbon monoxide (mc/Nm3) Cnrlnn dinvide f m o/Nm3'l fN od Eydrocarbons (mg/Nm3) Ifvdr.osen Sulohide 3r oh E -Lt Eydrogen f'luoride Dbxins/f'urans t)(,(, ,! G's x fa) $ S. a a F G Oa S o Ls { 234 Kenya Subsid.iary l*gislation, 20 I 4 9 =t €' E-E 3B 6E I tc!. ot) €t'ez E€ o. (h ?oz SCttE'rB 8g 0ao 2 Ba d Ez U E o.E xo o E €co E 2 o E C t c ,E t { C C G 4c € 6c {6t t E 't 4! u Eo E E t E 1 tt E oi a0o, ,EI E, a E6 a ts; xo e Azr/ e oz a ez o ( IUU to 300 c 10.5 Sk o 300 !o 500 t: 34.5 slk 500 t: 48 gk Sugar Manufacturc (< 8.7 mw ilrpu t boilc r): | <ll 200 0 Liqu id fuels 460 pPm (>8, 7 mw ippu t boilc r): I fln Soli d fuels 750 ppm Soda - ash Manrfacfurc 50 Kenya Subsi.diary l*gislation,20l4 235 ! =Fr ti^I"r4Z .9 !D6!E Ev .9 6 a. o al) {t'F zob :€o a IA oz BCttr,ao& 6€ E! o z a C5 z c € flx 9 o E Et d U ! 2 t T :! !( t t 1 6 L t z oa E E €6I t E .g E e u E o a c E E 1 { oe E EO. E'or t E. olic cki E x o e oz e a2 a ez o fanncries 50 100 0 ls0 0 2 0 I 5 * Textiles 50 2 0 Geothermal Power olants 'l Thermal Power Plants Small combustion facilitic(3MWth. 50NMWth)Recip rocating intemal Combustion Fnsine (RICF-I ry Enginc (Gas) N/A N/A 200( sr) 1,60 0(cr ) Liquid t( s I 5 I 5 50 Use t.5 % sulp hur fuel (sF ){. Borc 6<4 00m ml t4 0 Bore o4 00m m: 1,85 0 Turbinc Natural Gas \ 236 Kenya Sub s idiary I* g is lation, 2 0 I 4 AirPollutant Industry E =E Eeez .sB6lEEv o clr o ch {t AZ liE Eg lt aD xoz 8Ct,E v, a.oEisl O\=U6 z s o tz U E o.E, xo o E E € 6t U a 2 0 E aI ,.tt I , I 6 L tz u E O I c ! t '= I ?t I o a ttE ' 1 o,El o tu e.O. E!o, t E 6, lLb EI xo e ez A oz c A2 A 3Mwlh lsMWdr N/A N/A 42p pm( Ecc ric Gen crati onx EG) 100 ppm (Mc ehan ical Dtiv cX MD) lsMWth!o< $MWth N/A TVA ,259 nm Othcrfuels lSMWth N/A 0.5 %s F 96P pm( EG) I50 ppm (tvD ) l5Mmhto< 50M1\rth. N/A 0.5 % SF ot low CT 74p Pm l{6il.? Gas N/A N/A 320 Kenya Subsidiary Legislation, 20 l4 237 Air Pollutant Industry a tr Z:^ :E o.io dE =v (, o. U) t,L'*,2 !E= U) z ,1 odo 6D L z s Ez d E x E 6t U Ez a E t U z ,e L BI z z z Liquid 50 ot 150 200 0 460 Solid 50 or 150 200 0 650 Combustion Technolosv/Fuel RICE Natural Gas N/A N I A N/A N/ A 200( sr) 400( Dn 20 0(s I) 40 0( DF tct \ I 5 % Liquid fuels(>=50MWth to < 3oofvIwth 50 3 0 t,l7 0or 32 %S F 0.5 % SF 1,46 O(CI ,Bor c 6:4 00m m) 1,85 0(cr Bore 6>4 00m m) 2,00 0(D F] I 5 % I 238 Kenya Subsidiary Legislation, 20 I 4 I I 2 ^ :E o)* 6a /. ,' !h'iz .t I z 'iz aL I Z z x I z 'Jl Z L z .L L ,, L '& :r, Ul L Z z a Z Liquid fuels(planr: 300Mwth 50 3 0 585 or< l?o SF 0.2 Vo SF 740 40 0 I 5 9o Biofuels/Gaseous fuels other than Natural Gas 50 3 0 N/A N/ A 30o/c Natu ral (ias & Liqu id Fuel s Combustion Trrrhine Natural Gas (All turbine types of uni> solvfwrh) N/A N A N/A N/ A 5l 25 Fuels other than Natural Gas(uni> soMwrh) 50 J 0 Use lVo SF Us e 0.5 9o SF Boiler Natural Gas N/A N A N/A N/ A 240 24 () 3 ,y'c Other Gaseous fucls 50 3 0 400 40 0 240 z4 o 3 ,1. Liquid Fuels(Ptlnt >=50MWth to < 600Mwrh) 50 3 0 900 150 0 q 0 400 20 () 3 ///t, Kenya Subsidiary l*gislation, 2014 239 Air Pollutanl 2 Z:-,IE e-}o o(r, EE'iz olo !E =v (h oz 0 'iz odo og* z Solid ljucls(>=(r(X)MW th) Wastc watcr treatmcnt plants And any othcr parameter as may be prescribed by the Authority time-to time .r, ,/4/ t Legend SF: Suphur Fuel * 1.5-3.0% only justified by project specific considerations i.e. add secondary treatment to meet levels of L57o Sulphur ** dcpcndent on water availability for injection 2 Kenya S ub s id iart, Le g i s latio n, 20 I I Cl: Compression Ignition SI: Spark Ignition DF; Dual Fuel DA: Degraded Area NDA: Non-degraded Area The chimney ot ttu.( should have a minimum height ol l0 rnetrcs ahovc ground levcl and clear the highest of the building by not less than 3 rnetres l'or all roofs. The topography and height of adjacent buildings rvithin 50 metres radius shoulcl be taken into account. Toxic Equivalent (TEQ) is the sum of the toxic equivalent factors ('l'EF) ol' a rnirture congeners contained in a compound. The compound 2,3.7.8-tctrachltlrodibcnz.o-p d,oxin(TCDD) was assigned a TEF of I after being identificd. b1 lntcrnational Arsociation of Radiology and Cancer (IARC) and World Health Orgauisatiorr (WHO). as the most toxic of all compounds, and as carcinogenic to humans. basetl rruinh on studies of cases involving accidental or occupational heavy exposure. 'l-hcrclirrc thc'l'HF is a weighting factor. g - gram pg- microgram kg - kilogram (1,0009) mg - milligram pg- microgram m3 - cubic metre ppm - Parts per million t - tonne 240 Kenya Subsidiary lzgislation, 2014 (r 8,60,) FOURTH SCHEDULE GUIDELINE ON AIR POLLUTION MONITORING PARAMETERS FROM STATIONARY SOURCES 24t o a o c c ti, (l) xo E, (r! 19 ? ,a o rl|qn, o zl o ! 6I C)E xo E olt 6t U a o5 ql o !t cn oq) EOt E.cpg E15 o o' o q! 5 h xo a Aluminium recvclinp nlanf,s * I * Asphalt barch nlants !t * 'i * * { Boilers {t * ,* * .* * + 'i Cement nlants I f + * '* t Ceramics manufacturing nlants + * Coke & coal Dlants {i 'l {t * + * 't Fertilizer plant 'i * {' 'l + Galvanizing nlanfs * * * Glass manufacturing nlants * * * * :t Iron Foundry nlant * '* ,t * ri Kraft oulo mills * * + * 't I I * + 'l Lead Recycling nlnnt '. * * Mineral Processing nlsnfs t Mining & Orram 'i * Municipal and Industrial incinerators :l I * * * 'l * + :i Non-fenous srnelters, ecnndaru t * * * * * * * I Paint and vamish menufecfirino * 'i rl * Pesticides formulation I ,l + Pesticide Manrrfachrrins I * 242 Kenya Subsidiary I* g islation, 20 I 4 9qlao a a () 6 TJ G, !r () !t xo E/ cL. U)\ 0{) E xo {) e0,o 2t o.a 6t U a) xo ! o5 ql (J 0 o€ 6Io t (t) oo EO E' tsE "976 caorO'l >rr 0 c EO xo a Dlants Peholeum Refineries {. {. * * Pharmaceuticals manufacturing olants t * * Printing industrv * * Steel mills * f t I i Sugar manufacturing Dlants rl * 'r Sulphuric acid Plants {. * Salt & Soda ash processing nlanic rl * Thenrml Power Plants * {r * * * * Geo$ermal Power Plants I * * 'i Tanneries a :. * * I al * Textile + I Waste water Tr€atment' Plants a * I t And any other parameter as may be prescribed by the Authority from time to time Legend (a) * - parameters to be monitored, (b) Frequency - dependent on parameter and reported on a quarterly basis (c) "dioxins" includes any of the chtorinated hydrocarbon compounds known ihemically as dibenzo-p-dioxins, chlorinated dibenzofurans and certain polychlorinated bipheny ls; Kenya Subsidiary Legislation, 20 I 4 (r4,, I 0, I 6, 19, 21,22, 23,3 l, 3 6,48,59,60, 6 1,63,66,67,7 0,7 1,7 2,7 3) FIFTH SCHEDULE GENERAL GUIDELINES Part l-Erempted Equipment and Activities (a) Air pollutant detector, air pollutant recorder, combustion controller or combustion shut-off. (b) Air conditioning or comfort ventilating system.s. (c) Vacuum cleaning systems used exclusively for office applications or residenfi al housekeeping. (d) tentilating or exhaust systems for print storage room cabinets. (e) Exhaust systems for contolling steam and heat. (D\ Maintenance, repair, or replacement in kind of equipment for which a permit to operate has been issuedl (g) Equipment which emits only nitogen, oxygen, carbon dioxide, and./or water vapour. (h) Ventilating or exhaust systems used. in eating establishments where fopd is prepared for the purpose of consumptbn. (i) Equipment used to liqueff or separate oxygen, nitogen or the rare gases from the air. (,) .Fireworksdisplay. (k) O.utdoor painting apd sand blasting equipment. (l) Lawnmowers, fiactors, farm equipment and construction equipment.. (m) Fire schools or fire fighting taining. (n) Residential wood burning stoves and wood burning freplaces. (o) Buildingi, cabinets, and facilities used for storage of chemicals in closed , containers. (p) Sewage teatnent facilities. (q) Water treatment units. G) Inactive wastewater teatrnent systems. (s) Non-contact water cooling towers (water that has not been in direct cbntact with process fluids). (t) Laundry dryers, extactors, or tumb.lers used for fabrics cleaned with a water solution of bleach or detergents (u) ' Equipmeni used for hydraulic or hydrostatic testing. (v) Blueprint copiers and photographic processes. (w) Inorganic acid storage tanks equipped with an emission contol device. (x) Any fuel burning equipment u-sed exclusivety'for providing domestic 241 Kenya Subsidiary l*gislation, 20 I 4 electrical power of a capacity not greater than 8KVA. Part Il-Cuideline on Conversion factors (a) ppm to mg/m3 - air The conversion between ppm and mg/m3 is dependent on both the molecular weight of the substance and the temperature at which the conversion is made. The assumption is that the pollutant behaves as an ideal gas and as such, I mole of the substance occupies 22,4litres at standard temperature (273K) and pressure (101.3 kPa). This is consistent with normalised concentrations, and it is therefore not normally necessary to take account of the temperature or pressure difference in the conversion. However, when converting ppm to mg/m3 at actual discharge conditions, it is important to take account ofthe necessary factors. To convert from ppm to mg/m3, the following formula should.be used: mg/m3 = ppm x (MW /22.4) x (2731T) x (P/l0l .3) Where MW is the molecular weight of the substance (in grams) T is the temperature at which the conversion is to be made (degrees Kelvin) P is the pressure at which the conversion is to be made (kPa) To convert from mg/m3 to ppm, the following formulae should be used: ppm = mglm3 x(22.4/MW)x(T1273) x (101.3/P) Part III:- Factors to be considered when setting ambient air quality limits These factors include: (1,) Degree of exposure of sectors of the population, and in Particular sensitivc sub groups. (2) Climatic conditions and meteorology. (3) Scnsitivity of flora and fauna and their habitats. (4) Ilistoric heritage exposed to pollutants. (5.;'Iransboundary movement. l'art lV- -f,mil;,rhn lleduction Measures o/'Durk Smoke Ji'om Chimneys 244 (t) (2) ./ (3) (4) Avoid overloading burners with fuel oil. Use the correct fuel to air ratio by proper adjustrncnt of thc air and lircl supplics. Avoid flame impingement on any cold surface. Avoid carbon build-up in the boiler and furnace tubes and maintain thc boiler and furnace settings in good condition. Kenya Subsid,iary lz gislation, 20 I 4 245 Clean the burner at regular intervals and remove the carbon deposits from the nozzle with soft.article after soaking, the no2le in Kerosene. Use the correct atomizing nonle andatomizing pressure. Check for worn or distorted Parts of the burner and replace the damaged Parts. Allow sufficient time in lighting up the furners from cold and adopt the correct start-up procedures as rec6mmendcd by the burnor manufacturers. Keep the mesh at the inlet of the tir bl6wer clear at all times Part V--Guideline on ernissions reportformat The emissions report format shall include: (a) an estimate of the emissions for the relevant calendar year; and (b) all the data applicable to the emissions sources, in respect of the licensed facility. (c) Estimates of annual emissions shall be made based on the following methods, in order ofpreference (1) continuous emission monitoring data; (2) calculation of SO2 emissions based on fuel use arid sulphur content data including combustion processes in which exhaust gases do not come in contact with products; (3) most recent and representative stack monitoring mezmurements conducted in the previous five years and activity data for the year for which emissions are estimated; (4) emission factor or equivalent methods and activity data for the year; (5) emission factor or equivalent methods and plant capacity data; (6) mass balance (including fuel use data) based on the two previous years or the most recent representative year; (7) other approved methods supported by calculation and documentation, and the procedures set out inthe guideline document. Part Vl-Meqsures or operating procedures to control fugitive emissions ' The following measures or operating procedures may be used to control fugitive emissions: (a) from .storage piles through use of enclosures, covers or stabilisation, minimising the slope of the upwind face of the pile, confining as much pile activity as possible to the downwind side of the pile and such qther methods or techniques as are approved byJhe Authority (s) (6) (7) (8) (e) 246 Kenya Subsidiary Iz g is lation, 20 I 4 (b) by enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, or limiting size of loads, to minimise loss of material tg wind and spillage (c) by minimising the area of disturbed land or tailings (d)by planting special wind break vegetation at critical points (e) by prompt removal of coal, rock minerals, soil, and other dust-forming debris from paved roads and scraping and compaction of unpaved roads to stabilise the road surface as often as necessary to minimise re-entrainment of fugitive Particulate matter from the road surface (0 by minimising the period of time between initially disturbing the soiland re vegetating or other surface (g) by restricting the areas to be blasted at any one time (h) by restricting the speed of vehicles in or around mining, tailing or quarrying operations by re-vegetating, mulching, or otherwise stabilising the surface of all areas adjoining roads that are a source of fugitive Particulate emissions by substituting covered conveyor systems for haul trucks by using synthetic or re-vegetative covers by restricting vehicular travel to established paved roads by watering or chemical stabilisation of unpaved roads as often as necessary to minimise re- entrainment of fugitive Particulate matter from the road surface, or paving ofroads Where "fugitive emission" means an emission that cannot or is not reasonably likely to pass through a stack, chimney, vent or other functionally equivalent opening; P art VII-4pac ity Mdasur eme nt Gu ide line,t The darkness of smoke is determined by comparing the shade of smoke to the shades on a Ringelmann Chart which consists of four squares with grids, which denoted shade I to shade 4. The darkness covered in each of these four squares represents twenty percent, fourty. percent, sixty percent and eighty percent opacity respectively. Ringelmann shade O is completely white and shade 5 is totally black. Therefore, Ringelmann shade 1 corresponds to smoke of twenty percentopacity. The regulations stipulate that dark smoke .emission from any chimney or relevant plant must not exceed: (r) 8 minutes in any period of four hours; or (ii) 3 minutes continuously at any one time. Part VIII:- Guideline on sources of lugilive emission air polbnn* The following are the sources of fugitive qmissions: (a) constrirction activ ities ; (D 0) (k) (l) (m) Kenya S u b sid iary Le g is lation, 20 I 4 247 (b) storage and handling, including loading and unloading, of materials such as bauxite, alumina, gypsum, or Portland cement or the rarv materials therefore; (c) mining and quarrying activities; (d) haul roads; (e) haul trucks; (11 tailings piles and ponds; (g) demolition activities ; (h) blasting activities; and (i) Sandblasting operations. (n) wind bteaks; and (o) the paving of roads, (p) conveyor belts Part IX:- Occupational Air Quality Gui.delines The owner or operator shall control the exposure to employees by: (l) limiting the amount of harnful substancee used which may pollute the indoor environment; (2) limiting the number of employees who will be exposed or may be exposed; (3) limiting the period during which an employee will be exposed or may be exposed; (4) introducing engineering contol nleasures for the c.ortrol of exposure, which may include the following: (a) Process separation, automation or enclosure; (b) Installation of local extraction ventilation systems to process and equipment; (c) tools for the control of emission of an air borne hazardo\s substances; (d) Use of wet methods; and (e) Substituting-hazardous substances with less hazardous ones (5) Providing suitable respiratory protective breathi{ equipment. (6) Wherc respiratory protective cquiprtrent io provided, the employer shall ensure (a) that the relevant equipment is capable of controlling the exposure ,!o below the Occupational Exposure lrvel for the relevant harmful substance; (b) ttrat the relevant equipment is correctly selected and properly irsed; (l) C)that information, instructions, training and supervision which is necessary with regard to the use of the equipment is known to the employees; and (2) d)that the equipment is kept in good condition and efficient working order Kenya Subsidiary k gislation, 20 I 4 Part X:-Guideline on NOxs (a) Existing fuel burning equipment shall be presumed to meet the definition of Best Available Teqhnology if the owner or operator proves io the satisfaction of the Authority that the emissioir levels in the Third Schedule can be met. (b) If the owner or operator does not prove as described in paragraph (a) of this sectioni Best Available Technology shall be installed by the owner with the goal of achieving the presumptive emission limits as set forth in the Third Sehedule. (c) If actual achievable emission levels following installation of such combustion modification technology are greater than the presumptive emission limits in the Third Schedule these actual emission levels will become Best Available Technology for those sources. (d) If the owner or operator does not comply with paragraphs a or b of this section, alternative NO control technology and emission X limitation propxisals shall be required and approved by the Authority. (e) Compliance with the emission levels as determined above is based upon twenty four hour rolling averaging period, Continuous Emission Monitoring Systems approved by the Authority will be used. . Part XI-Guideline on contents of a compliance plan A compliance plan shall include (a) a description of the current compliance status of the facility with respect to all . applicable.requirements, including all sources that exceed emission standards or targets or are predicted to exceed ambient air quality monitoring locations at which ambient air quality standards or guideline concentrations are exceeded, and any other administrative or other requirements that have not been satisfied; (b) a statement of the methods used to determine the facility's compliance status, including a description of all monitoring, record keeping, reporting and test methods, and any other information necessary to verify compliance with or to enforce applicable requirements; (c) a statement that the facility will continue to comply with each applicable requirement in respect of which compliance is currently achieved at the facility; and (d) in respect of each applicable requirement for which compliance is not currently achieved at the facility (D a detailed statement of how the facility will achieve compliance; (ii) a proppsed compliance schedule setting forth the remedial measures to be taken, including a sequence of actions with milestones leading to compliance; (iii) if the facility is subject to a control order, the proposed schedule of remedial measures shall incorporate the order and shall be at least as stringent as tlte order; 248 Kenya S ub s idiary l,e g is lation, 20 I 4 249 (i'v) a schedule for submission of progress reports to the Authority at least once in every six months or more frequently if so required by the licence; and (v) a schedule for the submission of compliance repor8 to the Authority, at least once in every six months or more frequently if so required by the licence, indicating what, if any, progress has been made in relation to- the schedule and the milestones. Part Xil-Guideline for Assessment of Air Quality (l) Such assessments, firstly, shall establish actual levels of the given pollutants based on representative measurements, surveys or assessments. (2) For areas where actual levels of a given pollutant are above the standard values stipulated for that pollutant, the preliminary assessment shall include the following: (a) establish source contributions to ambient air concentrations of the pollutant of concern; (b) characterize future fiends in ambient air concentrations of the pollutant of concern given a "business as usual" scenario; (c) identify emission reduction mq$ures suited to reduce contributions from major sources an{ associated time frames for implementation; (d) assess the environmental benefit of measures to reduce and maintain air quality within limit values; (e) determine the technical feasibility of measqres to reduce and maintain air quality within limit values; (f) evaluate tle economic viability of measures to reduce and maintain air quality within limit values; (g) assess the social acceptability and policy applicability measures to reduce and maint4in air quality within standard values; (h) prioritize emission reduction measures on the basis of their environmental benefits, technical feasibility, economic viabiliry, and socjal acceptability; (i) determine the time required to reduce air pollutant concentrations to fall within the standard values taking into account the implementation of prioritized. emission reduction measures. Part Xlll-Guideline on ReSults of Emissions Sampling and Analysis Results of emissions sampling and analysis shall be as follows: (l) Results of emissions sampling and analysis shall be expressed in metric units consisten? with the emission standards or targets set out in these Regulations or in tlte conditions, if any, imposed in the relevant licence. (2) Measurements of emissions into the atmosphere from stacks, vents or other air pollutant sources, which are reported to the Authority whether voluntarily or as a requirement of these Regulations or of any condition of a licence, shall be reported to the Authority in the form of a test report that includes the following information (a) the testing methods and results, certified as being Eue, accurate, and in compliance with these Regulations by the person responsible for conducting the emissions test; 250 K e nya S ub s idiary Leg is lation, 20 I 4 (b) the name and location of the facility, the name and location of the sourcc testcd, the purpose of the tests, the test Participants and their titles, and the date ol'the performance test; (c) a summary oi the results, setting out emission rates for each pollutant and a comparison with applicable emission standards or targets and with any emissioh limis in $e licence; (d) a description of the facility tested and the type of process and control equipment utilised; (e) a description of the process sampled and associated emission control devices referenced to process, and locations at which sampling took place consistent with information provided in the relevant licence application or licence, as the case may be; (0 a schematic of ,oach location.sampled including duct diameter, direction of flow, dimensions to near€st upstream and downstream disturbances , including the number of duct diamelers, location and configuration of the sampling ,ports, nipple length and port diameters, and the number and configuration of traverse points; (g) confirmation that sampling locations meet the criteria in the test methods set out in the Fifth Schedule, or the reasons wlry those locations do not'meet such criteria and a discussion of the effect on results; (h) a discussion of special traversing or measurement schemes (if any); (i) a process flow diagram, maximum design capacities, a fuel analysis and heat value for heat input rate determinations, process and control equipment operating conditions, stack height, exit diameter, volumetric flow rate, exit temperature, exit velocity and a discussion of variations from normal plant operations; () a description of the sampling methods used; (k) a brief discussion of the analytical procedures, with justifications for any variance from prescribed method procedures; (l) the number of sampling points, time per point and the total sampling time per run; (m) a cross-sectional diagram showing sampling po/nts and a diagram of the sampling train; (n) a diagram showing stack dimensions, sampling location and the distancc frorn the nearest flow disturbance upstream and downstream, respectively, of the sampling points; (o) resuls and.calculations in units consistent with the applicable emission limits with one complete calculation using actual data for each type of test performed; (p) the tabulated data and results of the process weight rate or heat input rate in metric units, the referenced or derived conversion factors, the stack gas flow rate, the measured emissions given in units consistent with the applicable emission limits, the visible emissions,observations or six consecutive minute average continuous opacity monitor readings, and the average value of , Ke nya S u b s icl ior v [a g islittion, 20 I 4 emissions from any continuous gaseous, emissions monitroring cyst€rR in units consistent rvith applicablc cmission Iimits: (q) quatlty assurance proecd.ures; (r) appendices rvith rarv data and details of ca.lculations, including (i) rarv production data signed by the source official;' (ii) photocopies of all raw data; (iii) a chain of custody report; and (iv) copies of all calibration data; (s) for Particulatc mattcr tcsts, copies of visible emissions evaluations or opacity monitor readings, and, for gascous pollutant tests, copies of any continuous gascous emissions monitoring systcm rcading.s during thc tests. Part XIV: Guideline an Minintum St&:k lleiqhl Hg=tl+I.5L:where Hg = Good Engineering Practice stack height measured from the ground level elevation at the base ofthe stack H = Height ofnearby structure(s) above the base ofthe stack Ll Lesser dimension, he:gh(h)or width(w), of nearby stuctgr€s 'Nearby Structures' = Structures widrinltouching a radius of 5L but tess than 800m ztrr 252 Kenya Subsidiary Ic g islation, 20 I 4 SIXTH SCHEDULE LIST OF CONTROLLED AREAS (a) Residcntial areas, Hospitals, (b) National Parks, (c) Rcserves and Sanctuaries, (d) conservation areas, (e) Central Business Districts (t) Any other area declared by the Authority from time to time StIVt]NTH SCHEDULE Acceptablc []rnission Corrtrol l.echnologies (r16,72) l.ist o1' Acceptahle Errrission Control Technologies Air [)ollulants Enr i s s io n Co ntro I tc c hno lo gie s Remarlc Particulate Matter Mechanical collectors (dust bvclones. multicvclones) E lectrostatic DreciDitators Fabric fi lters (bashouses) Particulate scrubbers 2. Nitrogen Oxides (Nox) Low NOx burners Selective catalytic reduction (SCR) Selective non-catalytic reduction (SNCR) NOx scrubbers Exhaust sas recirculation Catalytic conYerter Volatile Organic Compounds (VOC), hydrocarbons Adsdrption systems, such asi activated carbon Flares Thermal oxidizers Catalvtic oxidizers Biofilters Absorotion (scrubbins) Kenya Subsidiary Legislation, 20 1 4 253 Hydrogen Chloride Dry Scrubbers, Adsorption systems, such as activated carbon Dioxins & Furans Electrostatic orec initalor Quenching & subsequent wet scrubber Catalytic oxidation (selective catalvtic reaction Dry absorption in resins (carbon Particles dispersed in a polymer Entrained flow reactor with added activated carbon or coke/lime or limestone solutions and subsequent fabric filter Fixed bed or circulating fluidized bed reactor, adsorption with activated carbon or open hearth coke Electro-Catalytic Oxidation Any other the Authority from time to time * Notes Best Available Technology (BAT) for tiiis category of equipment 2s4 Kenya Subsidiary Legislaiion, 20 I 4 rvill consist of combustion modification technology including either: (a) lolv NO burner technology rvith lorv excess air (b) Air if technically feasible; or (c) flue gas. re-circulation rvith lolv exeess air. (16s) EIGHTH SCHEDULE EMI SSION MONITORING REPORT I . Name of Industry... 2. Name of contact person... 3. Position ofcontact person 4. Business registration No. ........... 5. Address Telephone No' ......... Fax Email:... 6. Source of pollutants 7. Ernission concentrations and Quantities (mg/I, kg/day) ,, l 8.. Emission Control Technology (4 9. Status of Compliance to Emission Limib ) Kenya Subsidiary l* gislation, 20 I 4 255 Signature ...dated .........day of...... .........20........ Position 10. Official use only Recommendations Signature... (Seal) (140,) NINTH SCHEDULE EMISSION LICENCES .\ Form I: Application Form for Provisional Emission Licence l. Name of Company 2. Address... Fax......... E-mail... Name of Contact Person 3. Location LR N[........ Street........... ... Area....... Division.. ............,...,. Town.,. ....District... ..... Province 4. Activity ..:...... 5. Duration: From'.'......,'...'.,,,,........,,...,......day/....,...,.,/month' 7. Maximum allowable pollutant concentrations (a) Normal operational conditions (i) (ii) (iii) (iv) 256 Kenya Subsidittry lx6t:,iuttu,i jii !-t (b) Start (i) ( ii) ( iii) (iv) S.Other relevant information on non-point suur(rs r,i trsrrrr t ;.n,L,slons any other operating requirements relating to atmospheric discharges 9. Ambient air quality reporting (i) on-site point source emission measurement 10. Anticipated Dateof compliance ..........day......nronth."....",,,year, I l. Road map to compliance with standards under Seventh Schedule (i) (ii) (iii) (iy) SisinatureofApplicant ......Date Position up, maintenance and shut-down conditions l Kenya Subsid iary Leg islation, 20 I 4 25't (r I 8, 69) Fonu II: Reporting on Emission Limit Exceedence l. Name of Companl' 2. Address P.O. Box..... TeI...... .....Fax.. ..... E-mail.. Name of Contact Person 3. Location LR No... ... Street... Area... .Division.......... Town... .District... Province..... 4. Source(s) that Caused the Excess Emissions. (b) ... (c) 5. First observation of the gxcess emissions. (a) The [ime... .... date....... ........ of .....Year 6. The cause and expected duration ofthe excess emissions. (a) Cause... (b)ExpectedDurationof Exeedence(No.),...........hours(No.)..,..........,.days (No.)....................months 7. Estimated rate of emissions for sources subject to numerical emission limitations .....(mg/m3) (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of the excess emissions 8. The proposed corrective actions and schedule to correct the conditions causing the excess emissions. (a) ...... (b) ,..... Kenya Subsidiary l*gislation, 20 I 4 9. The test methods listed under the Fifth Schedule or any other approved by the Authority shall be used. The results of the tests shall be submitted to the Authority within 45 days after completing the test. Signature of Applicant Position (ra0) Fonu lll: PROVISIONAL EMISSION LICENCE THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT PROVISIONAL EMISSION LICENCE 258 Application Licence No. Reference No. FOR OFFICIAL USE This is to certi$ that the application for emission into the atmosphere received from (name of applicant) of (address) to the National Environment Management Authority in accordance with Air Quality Regulations for (facility) located at ...... (locality, district and province) has been evaluated and a licence ,, em ission, subj ect to.the attached cond itions. Dated this ,.......day of...... Signature: (brnciatstamp) Director-General The National Environment Management Authority is hereby issued for 20,..\.... CONDITIONS OF LICENCE Kenya Subsidiary lcgislation, 20 I 4 l. 2. 3. 4. This Licence is valid for a period of ......... ....... from the date hereof. Frequency of Monitoring (DailyAMeekly/Monthly/Quarterly) (ral) FonuIV: . APPLICATION FOR INITIAL EMISSION LICENCE l. Name of Company 2. Address P.O. Box..... Name of Contact Person 3. Location LR No...... Street........... Area........... Divfsion...... Town..............District... .... Provincre. 4. Type of Industry... 5. Name(s) of emitting Equipment... 6. Site Plan Layout, (attach sketch) (a) Distance of the equipment to the nearest building... (b) Height of the.above referred building (d) Immission (fall-out) point... ... ... 7. O,perating Emission levels (r) (iD ! (iiD (rv) I260 Kett y"a Subsid iary Legislation, 20 I 4 8. Proposed (v) (vi) (vii) (viii) EmiSsion Control Mitigation Measures 10. Start-up, and shut-down ofthe equipment (a) Methods... (b) Expected FrequencyofOccurence (c) Durationofoccurrence (d) Projected emitted Pollutants (i) (ii) (iii) (iv) I l. (a).N (i) (iD (iiD (iv) (b) Concentration of the emissions ature of emissions (gaseous, Particulates) (D (iD (ii i) SignatureofApplicant ........Date Position FOR OFFICIAL USE l pprovedA.{ot approved... Dated this.... ...............day ,...............of 20....... Signature..... (Seal) Ken,wt SLrh sid iary I* g islation, 20 I 4 (ral) FoRM V: Initia l/ Renew al Emis s ion L ice nce THE ENVIRONMENTAI, MANAGEMENT AND COORDINATION ACT IlMISSION LICENCE Application Reference Na. .,. LicenceNo. ..... ...................., FOR OFFICIAL USE This is to certiff that the application for emission into the atmosphere received from ........; ....... (name of applicant) of ......... ...(address) to the National Environment Management Authority in accordance with Air Quality Regulations for (facility) located at ...... (locality, district and.province) has been evaluated and a licence is hereby issued for emission, subject to the attached conditions. Dated this day of... ......... 20 Signature: (OfficialStamp) Director-General The N atiOnal Ent, ii; r r, i ir rr:r-l f ll air ar.{r:nr eni,A rithOrity n;r i)'][--,i1-ir]NS OF LICENCE 1. This Licence is vnlirl firr a r*riod of "........ ....... from the date hereof. 26t 2. J. 4. s Freq uency o'l lt,i rL r l:1 :' i ;: il,' i 11: ! l.Ji'Week lylMonthly/Quarterly) 262 Kenya Subsidiary Legislation, 20 I 4 (ral ) FORM V: Initial/Renewal Emission Licence THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT EMISSION LICENCE Application Licence No. Reference No. FOR OFFICIAL USE ::::': i: ::i:1 :1:: ::: :ixj;:':"*,ffiff:i: :::':: T::::::: ::::::i :::' (address) to the National Environment Management Authority in accordance with Air Quality Regulations for (facility) located at ...... (locality, district and province). has been evaluated and a licence is hereby issued for emission, subject to the attached conditions. Dated this .. day of...... ... ... 20 Signature: (OfficialStamp) Director-General The National Environment Management Authority CONDITIONS OF LICENCE l. This Licence is valid for a period of ......... .... from the date hereof. 2. 3. 4. 5. Frequency of Monitoring (Daily/Weekly/Monthly/Quarterly) r d'.r. . . 1 I a t,..'..... Kenya Subsidiary l*gislation,20l4 263 (r4a) 7. Emission control measures (Environmental Management P[an) Signanrre of Applicant ..........Date. Position OFFICIAL USE ApprovedA.Iot approved. . . Dated this.... ....day........ ..................o f 20....... (Seal) 264 Kenya Subsidiarv Le gislutiotr. 2() l1 (r45) FoRM VII NOTIFICAI'ION OF TRANSFER Or' I:MISSION I-ICENCIl 1.0. Details of Current Licence Name of current emission Iicence holder.. FIN No. Address 'felephoneNo....... .........Fax... I mail:...... Application No. of current emission licence.... Date of issue of the current emission licence... 2. Details of the Transferee 2.1. Name of facility.".. 2.2. PIN No. ......... 2.6.TelephoneNo....... ...Fax...... 2;7.Email:... 2.8. Name of contact person. .. 3.0. Capacity of transferee to op€rate the facility (financial, technological, manpower) (Conditions) 4.0. Reasons for transfer of licence 5.0. Declaration by hansferor and transferee dayof......:......... ....transfenedemissionlicenceNo............ Kenya Subs id iary l* g is latio n, 20 I 4 265 6.0. For Official Use ApprovedlNot Approved Comments r45 FoRMVIII: Certificate of Transfer of Emission Licence Thisis8ocertifythattheEmissionLicenceNo....................issuedon................... (dat€) to .........;........(name of previous holder) of ............. (address) regarding ,.(type of facility) whose activities include... located at... ... ....... ... ...(town, disrict) has been ransferred to ... ... ...... . of variation) with effect from .........................(date of transfer) in accordance with the provisions of the Act. Darcd this............ ;.........day of ................ 20 Signature (Seal) 266 Kenya Subsidiary Ix g i slation, 20 I 4 r46 FORM IX: Application of Variation of EmissionLicence l. Previous Applications (If any)....... 2. Details of Applicant 2.1. Name of Industry 2.2. Name of contact person. 2.3. Position of contact person 2.4. Business registration No. 2.5. Address 2.6. Telephone No. . .. . .. . . . 2.7.Email:... 3.lDeails of Curent Emission 3.1. Name of current holder 3.3. Date of issue of the current emission licence. 4.0. hoposed Variations 4. 1. Current emission limits 4.2. hoposed variations.... 4.3. Reasons for'variations 4.4. Describe the atnospheric effects... 4.5.Describetheeffectsonambientairquality.............:........ .............. 4.6. Describe the effects on the perforpanceof the equipment... 4.7. Dgscribe the measures proposed to reduce emission impacts................................ !... , I I I I Kenya Subsidiary kgislation, 2014 267 5.0. I)cclaration by Applicant I hcrcby ccrtify that the Particulars given above are correct and true to the best of my knorvlcdgc and belief. I understand the emission licence may be suspended, varied or canccllcd iI any information given above is false, misleading, rvrong or incomplete. Namc......... position... ...... signature............... On behalf of ... ... ......(company name and seal)........... ......date... Official use Dated this.... .........day... ............of 20....... Signature... (Seal) r46 FORMX: CERTIFICATE OFVARIATION OF EMISSION LICENCE This is to certify thatthe emission Licence No. ...................issued or .."r... (date) to ... ..,... ...(name of firm) of .., ... ... ......(address) regarding ..................(typeof facility) rvhoseactivities include.... ,.....'...located at...,.. ..(town, district) has been varied to 1.............., ...(natureof variation) with efibctfrom .............(date of variation) in accordance with the provisions of the Act. Signature.... (Seal) 268 Kenya Subsidiary l*gislation, 20 I 4 (r-51) Fonna XI: REGISTER OF EMISSION LICENCE TENI'I,I SCHtsDUI-B RECOITD OII POLI,UT'ION EXPOSURT] RESUL'TS b-orm l: Record tl'l'ollution Erytosurc Rcsults. (rt7) 7 ype oJ Name of tl"OpOfiefir t,ocaliot of /itcility U,mission licence No. Dote oJ' Issuc i)ondiliont tuttuc'hed to l,icence [.icenc't Serial No.if Sta/ls oJ Lic'enct Name of Jiling nflirpl Date ona Re nwrks 'nuuJtrt oJ'Jiling ollirp r Rccrtrd oJ Itollution Exposurc Asscssmett! Name of facility 2 Contact Address Contact person 3. Location 4. Date 5. Time of the assessment 6. Type of Work Place 7. Measuring methods / i\ ,rrl /ii i\ /iv\ 8 't'ype of- nrcasurcnrcnts (c'.g. gases, dust, furnes (i)... . r iir ) I 9. Iahulatcc! rcsults ol'the measurements and compliance limits I)ollirtant Measured resu lt Exposure limit Remarks (i) ( ii) (iii; ( iv) 9. Number of pcrsons exposed. IO ILecomrnendcd rcrncdial measures /it lir\ lt N ,'rl Signature ol-the Assessor... ... Organ ization/Company/Firm....... Kcrn'u Subsitliurv Legishtion, 20 II 269 (r24,52,53,54,55,57) ELEVENTH SCHEDULE ML'l'l'IODS OF TEST AND MEASUREMENT OF AIR POLLUTANTS Li.st oJ mathods o/ lest und measurement of air pollulants ,Stutrlurd I KS ISO l0l-5-5 Stationary source cmissions -- Automated rnonitoring of mass concentrations of Particles -- Pcrformancc characteristics, tes rncthods and soccifications 2 KS ISO 10397 Stationary source emissions -- Dctcrmination ol'asbcstos plan cmissions -- Method bv I'ibrs count mcasuremcnt t KS ISO 10780: Stationary source emissions -- Measurcment of velocity tntl volumr l'lou, ratc ot'gas streams in ducts 270 Kenya Subsidiary lzgislation, 20 I 4 Standard 4 KS ISO 10849: Stationary source emissions -- Determination of the masl concentration of nitrogen oxides -- Performance characteristics of automate( measurins svstems 5 KS ISO I 1338- I : Stationary source emissions --, Determination of gas and Particle. ohase oolvcvclic aromatic hvdrocarbons -- Part l: Samoline 6 KS ISO I1338-2: Stationary source emissions -- Determination of gas and Particle phase polycyclic aromatic hydrocarbons -- Part 2: Sample preparation, clean-up and determination 7 KS ISO I1564: Stationary source emissions -- Determination of the masr concentration of nitrosen oxides -- Naohthvlethvlenediamine ohotometric method 8 KS ISO 11632: Stationary source emissions -- Determination of mass concentratior of sulfur dioxide -- Ion chromatosraphv method 9 KS ISO 12O39: Stationary source emissions -- Determination of carbon monoxide carbon dioxide and oxygen -- Performance characteristics and calibration ol automated measurins svstems l0 KS ISO l2l4l:- Stationary source emissions -- Determination of mass concentratior of Particulate matter (dusO at low concentrations -- Manuat gravimetric rirethod ll KS ISO 14164: Stationary source emissions -- Determination of the volume flou rate of gas streams in ducts -- Automated method t2 KS ISO 15713: Stationary source emissions -- Sampling and determination ol gaseous fl uoride content l3 KS ISO 7708: Air quality -- Particle size fraction definitions for health-relatei samnlins t4 KS ISO ll04l: Workplace air -- Determination of Particulate arsenic and arseni< conipounds and arsenic trioxide vapour -- Method by hydride generation and atomic absorotion'soectrometrv l5 KS ISO lll74: Workplace'air -- Determination of Particulate cadmium anc cadmium compounds r Flame and electrothermal atomic absorption spectrometri( method l6 KS ISO 15202-l: Workplace air -- Determination of metals and metalloids ir airborne Particulate matter by inductively coupled plasma atomic emissior sDectrometrv -- Part l: Samoline t7 KS ISO 15202-2: Workplace air -- Determination of metals and metalloids it airborne Particulate matler by inductively coupled plasma 'atomic emissiot soectrometri -- Part 2: Samole oreoaration l8 KS ISO 15202-3: Workplace air -- Determination of metals and metalloids ir airborne Particulate matter by inductively coupled plasma atomic emissiot sDectrometry -- Part 3: Analysis t9 KS ISO 15167: Workplace atmospheres -- Controlling and characterizing errors i wei phins collected aerosols 20 KS ISO 16107: Workplace atmospheres -- Protocol for evaluating the performancr of diffusive samDlers , 2l KS ISO 16200-l: Woqkplaceair quality -- Sampling and analysis of volatile organi< compounds by solvent desorption/gas chromatography - Part l: Pumped samplin6 method 22 KS ISO 16200-2: Workplace air quality - Sampling and analysis of volatile organk compounds by solvent desorption/gas chromatography -- Part2: Diffuilive samplinl method Kenya Subsidiary Legislation, 20 I 4 211 Standard 23 KS ISO 16702: Workplace air quality -- Determination of total isocyanate groups i air using 2-( I -methoxyphenyl) piperazine and liquid chromatosraDhy 24 KS ISO 16740: Workplace air -- Determination of hexavalent chromium in airbornr Particulate matter -- Method by ion chromatography and spectrophotometri< measurement usins diphenvl carbazide 25 KS ISO 17733: Workplace air -- Determination of mercury and inorganic mercur) compounds -- Method by cold-vapour atomic absorption spectrometry or atomir fl uorescence spectrometry 26 KS ISO 1773<-.1: Determination of organonitrogen compounds in air using liquid chromatography and mass spectrometry -- Part l: Isocyanates using dibutylaminr derivatives 27 KS ISO 17734-2: Determination of organonitrogen gompounds in air using liquic chromatography and mass spectrometry -- Part 2: Arnines and aminoisocyanater usine dibutvlamine and ethvl chloroformate derivatives 28 KS ISO 2O552: Workplace air -- Determination of mercury vapour - Method using gold-amalgam collection and analysis by atomic absorption spectrometry or atomic fl uorescence sDectrometrv 29 KS ISO 4224: Ambient air -- Determination of carbon monoxide -- Non-dispersivt infrared spectrometric method 30 KS ISO 6767: Ambient air -- Determination of the mass eoncentration of sulfu dioxide -- Tetrachloromercurate (TCM)/oararosaniline method 3l KS ISO 7996: Ambient air -- Determination of the mass cpncentration of nitroger oxides - Chemiluminescence method 32 KS ISO 8186: Ambient air -- Determination of the mass concentration of carbor monoxide -- Gas chromatosraphic method 33 KS ISO 10312: Ambient air -- Determination of asbestos fibres - Direct transfer transmission electron microscoov method 34 KS ISO 10313: Ambient air -- Determination of the mass concentration of ozone Chemiluminescence method 35 KS ISO lM73: Ambient air -- Measurement of the mass of Particulate matter on € filtef medium -- Beta-rav absorotion method 36 KS ISO 10498: Ambient air -- Determination of sulfur dioxide - Ultravioler fluorescence method 37 KS ISO l288/l Ambient air -- Determination of total (gas and Particle-phasel polycyclic aromatic hydrocarbons -- Collection on sorbent-backed filters with gat chromatosraDhic/mass soectrometric analvses 38 KS ISO 13794: Ambient air -- Determination of asbestos fibres'-- Indirect-transfer transmission electron microscopv method 39 KS ISO 139il:, Air quality -- Dehrmination of ozone in ambient air -- Ultraviolet ahotometric method. N KS ISO 14965:. Air quality -- Determination of total non-methane organi< compounds -- Cryogenic pre-concentration and direct flame ionization detectior method 4l KS ISO 14966: Ambient air -- Determination of numerical concentration o1 inorsanic fibrous Particles -- Scannine electron microscopv methbd 42 KS ISO 16362: Ambient air - Determination of Particle-phase polycyclic arornati< hvdrocarbons bv hish oerformance liouid chromatosraohv 43 KS ISO 7168- 1: Air qualiw -- Exchange of data -- Part 1: General data format 272 Kenya Subsidiary Legislation, 20 I 4 Standard 4 KS ISO 7168-2: Air oualitv -- Exchanse of data -- PartZ: Condensed data format 45 KS ISO 9169: Air quality -- Definition and determination of performancr characteristics of an automatic measurins svstem 46 KS ISO 11222: Air quality -- Determination of the uncertainty of the time averagt of air oualitv measurements 41 KS ISO 13752: Air quality -- Assessment of uncertainty of a measurement methoc under field conditions using a second method as reference 48 KS ISO 14956: Air quality -- Evaluation of the suitability of a measuremen procedure by comparison rvith a required measurement uncertaintv 49 KS ISO 20988: Air quality -- Guidelines for estimating measurement uncertainty 50 KS ISO 16622: Meteorology -- Sonic anemometers/thermometers -- Acceptance tes methods for mean wind measurements 5I KS ISO 17713-l: Meteorology -- Wind measurements -- Part l: Wind tunnel tes methods for rotatins anemometer oerformance 52 KS ISO 17714: Meteorology -- Air temperature measurements -- Test methods for comparing the performance of thermometer shields/screens and defining importan characteristics 53 KS ISO 16000- I : Indoor air -- Part I : General aspects of sampline stratesv 54 KS ISO 16000-2:lndoor air -- Part 2: Samolins strateev for formaldehvde 55 KS ISO 16000-3: Indoor air -- Part 3: Determination of formaldehyde and other carbonvl comoounds -- Active samolins method 56 KS ISO 16000-4: Indoor air -- Part 4: Determination of formaldehyde -- Diffusivr samoline method 57 KS ISQ 16000-5: Indoor air -- Part 5: Sampling strategy for volatile organic eomDounds NOCs) 58 KS ISO 16000-6: Indoor air -- Part 6: Determination of volatile organic compounds in indoor and test chamber air by active sampling on Tenax TA sorbent. thermal desorption and gas chromatograDhv using MS/FID 59 KS ISO 16000-8: Indoor air -- Part 8: Determination of local mean ages of air i buildines for characterizine ventilation conditions 60 KS ISO 16000-9: Indoor air -- Part 9: Determination of the emission of volatilt organic compounds from building products and furnishing -- Emission test chambet method 6l KS ISO 16000 -10: Indoor air -- Part l0: Determination of the emission of volatile organic compounds from building products and furnishing Emission test cell method 62 KS ISO 16000-l l: Indoor air -- Part I l: Determination of the emission of volatile organic compounds from building products and furnishing Sampling. storage of samples and preDaration of test specimens 63 KS ISO 16017-l: Indoor, ambient and workplace air - Sampling and analysis ol volatile organic compounds by sorbent tube/thermal desorption/capillary gas chromatography -- Part l: Pumped sampling 64 KS ISO 16017-2: Indoor, ambient and workplace air -- Sampling and analysis o1 volatile organic compounds by sorbent tube/thermal desorption/capillary gas chromatosraphy -- Part 2: Diffusive samplins 65 KS ISO 4219:. Air quality - Determination of gaseous sulphur compounds in air - Samolins eouioment Kenya Subsidiary Iz gislation, 20 I 4 273 Standard 66 KS ISO 4220: Ambient air - Determination of a gaseous acid air pollution index Titrimehic method with indicator or potentiometric end-point detection. 61 KS ISO 4221: Air quality - Determination of a mass concentration of sulphur dioxide in ambient air - Thorin soectroohotometric method 68 KS ISO 4225: Air qualiw - General asDects - Vocabulary 69 KS ISO 4226: Air oualitv - General asDects - Unis of measurement 70 KS ISO 6768: Ambient air - Determination of the mass concentration of nitroger dioxide - modified Griess - Saltzman method 7t KS ISO 7934: Stationary source emissions - Determination of the masl concentration of sulphur dioxide - Hydrogen peroxide / barium perchlorate - Thorir method 72 KS ISO 8518: Workplace air - Determination of Particulate lead and lea< comoodnds - Flame or electrothermal atomic absorotion spectrometric method 73 KS ISO 8672: Air quality - Determination of the number concentration of airbornr inorganic fibres by phase contrast optical microscopy - Membrane filter method 74 KS ISO 8756: Air oualitv - Handline of temperature. Dressure and humiditv data 75 KS ISO 8760: Workplace air - Determination of mass concentration of carbor monoxide - Method using detector tubes for short'-term sampling with direcr indication 76 KS ISO 8761: Workplace air - Determination of m ass concentration of nitrogen dioxide - Method using detector tubes for short -term sampling with direct indication 77 KS ISO 8762: Workplace air - Determination of vinyl chloride - Charcoal tube / gas chromatosraDhic method 18 KS ISO 9096: Stationary source emissions - Determination of the concentration anc mass flow rate of particulate material in gas-carrying ducts - Manual gravimetri< method 79 KS ISO 9359: Air quality - Stratified sampling method for assessment of ambient ai oualitv 80 KS ISO 9486: Workplace air - Determination of vaporous chlorinated hydrocarbonr Charcoal tube / solvent desorption / sas chromatosraphic method 8l KS ISO 9zE7: Workplace air - Determination of vaporous aromatic hydrocarbens Charcoal tube / solvent desorntion / sas chromatoeraohic method 82 KS ISO 9835: Ambient air - Determination of a black smoke index o3 KS ISO 9855: Ambient air - Determination of the particulate lead content o aerosols collected on filters - Atomic absorption spectrometric method 84 KS ISO 10396: Stationary source emissions - Sampling for the automatec determination of eas concentrations 85 KS 2060: Motor sasolines - Soecification 86 KS 1515: Code of practice for inspection'of road vehicles 81 KS 03-1289: Specification for illuminating kerosene 88 KS 1309-1: Soecification for diesel fuels - Part 1: Automotive eas oil. 89 KS 03-1309-2: Soecification for diesel fuels - Part 2: Industrial diesel oil ODO). 90 KS 03-1310: Specification for fuel oils 9l KS 03-91: Specification for liquefied petroleum gases (LPG). 92 KS 13301:2002:Sensory airalysis - Methodology - General guidance for measuring odour, flavour and taste detection thresholds by a three-alternative forced-choice (3 AFC) oiocedure 274 Ke nya S ub s id iary l,e g is lation, 20 I 4 TWELFTH SCHEDULE R27 ACCEPTALBLE MOBILE EMISSION CONTROL TECHNOLOGIES Mobile Sources The aim of these guidelines is without sacrificing performance, improve engine performance through understanding pollutant formation mechanism, ensure precise confrol of engine parameters, such as air/fuel ratio, spark timing, airflow, optimize on exhaust gas treatment. List of mobile emission control technologies. Pollutant Conlrol measure:t NO; Exhaust Exhaust Cas Recirculation (EGIt) Valves HC, CO Exhaust Three Way Catalyst (TWC,1, 2"d Air l)umps Evaporative Emissions Canisters Crankcase elm s Positive Crankcase Valvc I'CV valvcs On Board Display (Obd-2) Precise a/f control Dual Oxygen Sensors InCividual cylinder a/f control Adaptive fuel control Electron ic ihrottle control Improved induction I{eat optimized exhaust system Leak-free exhaust system Particulate matter Diesel Oxidation Catalyst (DOC) Diesel Particulate filter (DPF) Flow Through Filter (FTF) Retrofit, Repower, or Replace And any other technology that may be approved by the Authority from time to time Kenya Subsidiary lcgislation, 2014 275 i list of evaporative emission control technologies (r85,42,44,50) THIRTEENTH SCHEDULE FEES The fees chargeable under these Regulations shall be as specified hereafter. (a) Application for: (i) Emission Licence for listed emitting facility i KSh. 5,000 (ii) Emission Licence for other emitting facility than (i) above:- KSh. 5,000 (iii) Variation of emisqion licence : KSh, 3,000 (iv) Transfer of emission licence i KSh. 3,000 (b) Ahnuat Licence fee for Emission into the afinosphere (i) Facility listed in 6th schedule under category I: KSh. 50,000 (iD Facility listed in 6th schedule under category II: KSh. 30,000 (iiD Polluting facility not in 6th Schedule other than (i) and (ii) above: KSh. 20,000 (c) Inspection of emission monitoring records/emission licence register: KSh. 200 (d) Variation of emission Licence is l0% of ttre Annual Licence fee Cause Measure Diffusion Precise purge control and optimization of canister structure 2 Leakage Modification of designs for locking Parts and fuel filler cao J Permeation Material chanses for hoses in fuel line 4 Evaporation while fueling Improve sealing by putting elastic cap around the nozzle of fuelins eun Create negative pressure while fuelling by using the venturi effect 5 Fuel Temperature Reduce the fuel amount returning to fuel tank Limit the fuel tank temDerature 276 Kenya Sub sid iary Le g is latio n, 20 I 4 (r. 14,68) FOURTEENTH SCHEDULE LIST OF CONTROLLED FACILITIES Penr I (a) Ferti liser manufacturing plants (b) Lead recycling plants (c) Grain millers (d) Hot mix asphalt batching plants (e) Incinerators (f) Iron and steel mills; (f) Kraft pulp mills; (g) Manufacture of soda ash (h) Mineral processing plants; (i) Paint manufacturing plants () Pesticide formulation and manufacturing plants (k) Petroleum refineries and depots; (l) Pharmaceutical industries (m) Phosphate rock processing plants; (n) Portland cement plants (clinker plants included); (o) Sulphur recovery plants; (p) Sulphuric, or nitric acid plants; (q) Thermal power plants (r) Thermal andGeothermal power plants (s) Any other chemical processing industry PARTII (a) Iron recycling plants; (b) Secondary atuminium production plants; (c) Plastic rerycling plants; PART III Any other facility that the Authority may identiff Dated 20th March,2014. ruDI WAKHUNGU, Cabinet Secretary For Ewironnent, Water And Natural Resources. 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