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Sw-1645446559-Air Quality Standards Regulations 2007

This document outlines environmental regulations regarding air quality standards in Tanzania. It establishes a National Environmental Standards Committee to set minimum air quality standards and enforce compliance. It also defines key terms, prohibits hazardous emissions, establishes emission limits and permits, compliance procedures, and penalties for violations.

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geofrey anyitike
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© © All Rights Reserved
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0% found this document useful (0 votes)
29 views22 pages

Sw-1645446559-Air Quality Standards Regulations 2007

This document outlines environmental regulations regarding air quality standards in Tanzania. It establishes a National Environmental Standards Committee to set minimum air quality standards and enforce compliance. It also defines key terms, prohibits hazardous emissions, establishes emission limits and permits, compliance procedures, and penalties for violations.

Uploaded by

geofrey anyitike
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 22

THE GOVERNMENT NOTICE……………………………..

…published on………

THE ENVIRONMENTAL MANAGEMENT ACT

(CAP. 191)
__________________

REGULATIONS
________________
(Made under Sections 140, 145 and 230 (2) (s))
________________

THE ENVIRONMENTAL MANAGEMENT (AIR QUALITY STANDARDS)


REGULATIONS, 2007
_________________

ARRANGEMENT OF REGULATIONS
______________________
Regulation Title

PART I
PRELIMINARY PROVISIONS

PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Interpretation.
3. Object.

PART II
THE NATIONAL ENVIRONMENTAL
STANDARDS COMMITTEE

4. Setting minimum standard of air quality.


5. Ambient, receptor, Emission and specification standards.
6. Publication of air quality standards.

PART III
COMPLIANCE MINIMUM AIR QUALITY STANDARDS
7. Compliance with air quality standards.
8. Prohibition to emission of hazardous substances, chemicals and materials or
gas etc.
9. Imission limits.
10. Highest permissible quantity of emission.
11. Specific tolerance limits of emissions from cement factories.
12. Exhaust emissions of motor vehicles.
13. Enforcement powers of the Council.

PART IV
AIR POLLUTANT EMISSION PERMITS
14. Air pollutant emission permit.
15. Review of compliance plan.
16. Duration of air pollutant emission permit.
17. Non-transferability of licence between facilities.
18. Transfer and change of ownership or operation.
19. Fees for emission of pollutants.
20. Other registration fees.

PART V
AIR QUALITY COMPLIANCE AND ENFORCEMENT
21. Taking and analysis of samples.
22. Compliance orders.
23. Protection orders.
24. Stop orders.
25. Powers of environmental inspectors.
26. Emergency powers to prevent emissions.
27. Disobeying environmental inspectors.
28. Accidental or inadvertent emissions.
29. Reward for reporting emission or pollution.
30. Enforcement of environmental quality standards.
31. Control of gaseous wastes.

PART VI
RECORDS AND REPORTING
32. Records and reporting.

PART VII
OFFENCES AND PENALTIES
33. Offences relating to environmental standards.
34. Compounding of offences.

PART VIII
MISCELLANEOUS PROVISIONS
35. Appeal to the Minister.
36. Appeal to the Tribunal.
37. Amendment of Schedules.

2
_______
SCHEDULE
________

_______
FIRST SCHEDULE

PERMISSIBLE WEIGHT CONCENTRATION OF IMISSION LIMITS FROM THE


ATMOSPHERE TO A RECEPTOR AND RESPECTIVE TEST METHODS
________

_______
SECOND SCHEDULE

HIGHEST PERMISSIBLE QUANTITY OF EMISSION AND TEST METHODS


________

_______
THIRD SCHEDULE

TOLERANCE LIMITS OF INACTIVE DUST, OXIDES OF NITROGEN AND


SULFUR DIOXIDE EMISSIONS FROM CEMENT FACTORIES INTO THE AIR
________

_______
FOURTH SCHEDULE

EMISSION LIMITS FOR MOTOR VEHICLES


________

3
THE GOVERNMENT NOTICE NO……………published on………..

THE ENVIRONMENTAL MANAGEMENT ACT


( CAP. 191 )
__________
REGULATIONS
_________

(Made under Sections 140 , 145 and 230 (2) (s))


_________

THE ENVIRONMENTAL MANAGEMENT (AIR QUALITY STANDARDS)


REGULATIONS, 2007

PART I
PRELIMINARY PROVISIONS

Citation 1. These Regulations may be cited as the Environmental


Management (Air Quality Standards) Regulations, 2007.

Interpretation 2. In these Regulations, unless the context requires


otherwise-
Cap. 191 “Act” means the Environmental Management Act;
“Council” means the National Environment Management Council
established under the Act;
“Director General" “means the Director General of the National
Environment Management Council;
"unexpected emission" means emissions that do not and could not
reasonably pass through a conventional outlet or a stack,
chimney, vent or other functionally equivalent opening;
“ambient air” shall mean an outdoor air to which people, plants,
animals or material are in normal circumstances exposed;

“suspended particulate matter” shall mean airborne particles of 10


microns or less in diameter;

“emission limit” is the highest permissible quantity of pollutants


released into the air from a pollution source, expressed as the
concentration of pollutants in relation to one unit of production or to
the degree of air pollution caused by such sources;

“imission” shall mean transfer of pollutants from the atmosphere to a


receptor;

4
“imission limit” is the highest permissible weight concentration of
pollutants contained in the air;

“main polluting activity” means an activity that does not comply


with minimum quality standards prescribed under these Regulations
for which prior grant of emission permit by the Council is mandatory;
Object 3. The object of these Regulations shall be to-.
(a) set baseline parameters on air quality and emissions based on a
number of practical considerations and acceptable limits;
(b) enforce minimum air quality standards prescribed by the National
Environmental Standards Committee;
(c) help developers such as industrialists to keep abreast with
environmentally friendly technologies; and
(d) ensure protection of human health and the environment from
various sources of pollution.

PART II
THE NATIONAL ENVIRONMENTAL
STANDARDS COMMITTEE

Setting minimum 4.-(1) The role of the National Environmental Standards


standard of air quality
Committee shall be to-
(a) prescribe criteria and procedure for measurement for air
quality;
(b) establish ambient air quality standards;
(c) establish occupational air quality standards;
(d) establish emission standard for various sources of air
pollution;
(e) prescribe stack heights of chimneys for purposes of these
Regulations;
(f) prescribe criteria and guidelines for air pollution control
for both mobile and stationary sources; and
(g) prescribe any matter touching or affecting air emission
quality standard.
(2) The limits shown under these Regulations shall be of general
application except for those areas where the Minister prescribes
special or specific limits for some categories of pollution sources
as separate standards for the peculiar pollutants characteristics
and loads.

(3) The National Environmental Standards Committee of


Tanzania Bureau of Standards may recommend to the Minister
any variation or addition or change or generally amendment to
any Schedule to these Regulations.

Ambient, receptor, 5.-(1) With approval of the Minister the National


emission and
Environmental Standards Committee shall prescribe-

5
specification standards (a) ambient air quality standards to address the effects of
emissions by setting the maximum pollutant
concentration permitted into specific environment;
(b) receptor air quality standards aimed at polluters whose
activities harm the environment;
(c) emission standards to determine permissible emissions
that are less harmful to man and environment; and
(d) specification standards that regulate industrial
activities with a view to avoid or minimize
environmental pollution arising there from.
(2) Approval of a permit for emission of air pollutants shall be
guided by ambient, receptor, emission and specification standards
approved by the Minister.
(3) Before approving the air quality standards the Minister may
consult and accommodate the views and recommendations from any
other sector Ministry.

Publication of the air 6. The Minister shall publish in the Gazette the minimum air
quality standards.
quality standards prepared by the National Environmental Standards
Committee.

PART III
COMPLIANCE WITH MINIMUM AIR QUALITY STANDARDS
Compliance with air 7. (1) Every person shall be required to comply with the
quality standards
minimum air quality standards approved and published pursuant to
these Regulations.

(2) Where it is necessary for effective implementation of laws, the


Minister shall identify and allow the continued operation of existing
minimum air quality standards made under other written laws.
Prohibition to emission 8-(1) No person shall emit or release any hazardous substance,
of hazardous substances,
chemicals and materials chemical, gas or mixture containing gaseous and hazardous
or gas etc. substances into the environment unless such emission or release is
permitted under these Regulations or any other written law.
(2) A person who releases any hazardous substance, chemical, gas or
mixture containing gaseous and hazardous substances into the
environment or into any other segment of the environment contrary
to these Regulations commits an offence.
(3) Where a person is convicted for contravention of this Regulation,
the court may order that such person pays the cost of -

(a) the removal, including any costs which may be incurred


by the Government or Government agency in the
restoration of the environment damaged or destroyed as a
result of the discharge; and

(b) third parties in the form of reparation, restoration,


restitution or to compensation as may be determined by
the court.

6
(4) It shall be the duty of every organizations and individual
producing, transporting, trading, using, storing or disposing of
chemicals, toxic substances, inflammable or explosive substances, to
comply with these regulations on safety for human and other living
beings and avoid causing environmental degradation.
Imission limits 9. A person undertaking any activity shall be required to comply with
the highest permissible imission limits from the atmosphere to a
receptor and respective test methods for sulphur oxides, carbon
monoxide, black smoke and suspended particulate matters, nitrogen
dioxide, nitrogen dioxide, ozone as prescribed in the First Schedule
to these Regulations.

Highest permissible 10. A person who undertakes an activity shall be required to comply
quantity of emission.
with the highest permissible quantity of emission of sulphur oxides,
carbon monoxide, hydrocarbon as total organic carbon, dust, nitrogen
oxides or lead released into the air from a pollution source and
respective test methods prescribed under the Second Schedule to
these Regulations.

Specific tolerance limits 11. Notwithstanding other provisions of these Regulations, tolerance
of emissions from
cement factories limits of inactive dust, oxides of nitrogen and sulfur dioxide
emissions from cement factories into the air shall be as prescribed in
the Third Schedule to these Regulations.

Exhaust emissions of 12. A person owning, driving or controlling motor vehicles shall
motor vehicles
ensure that the vehicle comply with permissible limits of substances
found in exhaust emissions of motor vehicles prescribed in the Fourth
Schedule to these Regulations.

Enforcement powers of 13.-(1) The Council shall have the general powers to ensure
the Council.
purposeful enforcement of these Regulations and in the exercise of
such powers the Council may-
(a) order or carry out investigations of actual or suspected
pollution of air including the collection of samples,
records and data;
(b) enter, inspect and examine any place, area, premises
or any boiler, vehicle, vessel, boat, aircraft or any
carriage of any description on which it has reasonable
grounds to believe that the activity is or is likely to
lead to violation of prescribed air quality standards;
(c) take necessary measures to ensure that industry and
other facilities adopt cleaner technology to meet the
requirements of minimum air quality standards
prescribed in these Regulations;

7
(d) monitor emission concentration and nature of
pollutants emitted;
(e) make guidelines to minimize emissions and identify
suitable technologies for minimization of pollution of
air; or
(f) do or perform anything or act that is necessary for the
monitoring and control of air pollution.
(2) Subject to the provisions of any other law prescribing a
greater punishment, any person who emits pollution or emission in
excess of environmental quality and criteria standards stipulated
pursuant to these Regulations commits an offence and shall be on
conviction liable to a fine not exceeding ten million shillings or to
imprisonment for a term not exceeding five years or to both.
(3) The Council shall establish and maintain close
collaboration with sector ministries, local government authorities, the
Tanzania Bureau of Standards, the Tanzania Atomic Agency,
Occupational Safety and Safety Agency, the Government Chemist
Laboratory Agency, the Tanzania Food and Drugs Authority, and
such other institutions for the purposes of enforcement of air quality
standards prescribed under these Regulations or under any other
written law.

PART IV
AIR POLLUTANT EMISSION PERMITS

Air pollutant emission 14.-(1) The Council shall designate certain categories of
permit
human activities to be main air polluting activities for which prior
grant of pollutant emission permit by the Council shall be mandatory.

(2) A City Environment Management Officer, Municipal


Environment Management Officer, District Environment
Management Officer and Town Environment Management Officer
may with respect to their areas of jurisdiction, recommend to the
Council categories of human activities which are main air polluting
activity.

(3) A person whose activities do not comply with minimum air


quality standards prescribed under these Regulations shall apply for
registration in relation to such main air polluting activity.
(4) The Council shall at the end of every calendar year publish in the
Gazette a list of persons who hold air pollutant emission permits.
(5) The owner or operator of main air polluting activity shall apply
for a permit issued by the Council.
(6) The Council may grant a permit and register a main air polluting
activity with the following conditions-
(a) periodic or continuous monitoring of stack or
processes for performance or compliance testing,
ambient and meteorological monitoring and other

8
measures to maintain and if necessary improve
ambient air quality and such other terms and
conditions as determined by the Council to be
reasonable, necessary and consistent with the Act and
these Regulations;
(b) at all times, including periods of startup, shutdown,
and malfunction, to maintain and operate air pollution
control equipment, in accordance with the terms and
conditions of the license and in a manner consistent
with good air pollution control practice for minimizing
emissions;
(c) draw up and present to the Council proposed
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 standards or guideline
concentration or other requirements that have not been
satisfied;
(d) a proposed compliance schedule setting forth remedial
measures to be taken, including a sequence of actions
with milestones leading to total compliance; and
(e) such terms and conditions as the Council deems fit.

(7) In determining whether or not to issue a permit or other


authorization to emit contaminant, and the terms and conditions of
the permit or authorization, the Council or any other person
empowered to make the decision shall-
(a) refer to the guide from Environmental Impact Assessment and
Environmental Audit conducted;
(b) consider the cummulative effect on the environment likely to
result from any such grant; and
(c) seek to ensure that the prescribed best practicable option is
adopted.
(8) For purposes of these Regulations, “best practicable option”
means the best method for preventing or minimizing adverse effects
on human health, life or the environment.
(9) A person who-
(a) fails to register his main polluting activity;
(b) being a registered owner or operator of a main polluting activity
contravenes conditions or compliance schedule or any terms attached
to the permit,
commits an offence.
Review of compliance 15.-(1) Where any compliance plan prepared by owner or
plan.
operator of a main air polluting activity is not approved, the Council
shall in writing provide the reasons for refusal and allow sixty days
following the notification of refusal of the revise and resubmit the
compliance plan.
(2) Where after the review of the revised compliance plan
there remain aspects that are inadequate, the Council shall impose

9
conditions to be adhered to together with written reasons for
imposing such conditions.

Duration of air pollutant 16. The air pollutant emission permit shall be valid for a
emission permit.
period of five years from the date of the grant of the permit and shall
be renewable on application for a period of successive three years.

Non-transferability of 17. The air pollutant emission permit shall not be transferable
permit between
facilities. from one facility to another facility.

Transfer and change of 18.-(1) The owner or operator holding an air pollutant
ownership or operation.
emission permit shall notify the Council in writing at least ninety
days prior to the occurrence of any of the following:
(a) change the owner or operator or both to whom the air
pollutant emission license was issued and the name
and address of the new owner or operator;
(b) change the name of a corporation or the operator or
partnership; or
(c) change the mailing address of the owner or operator
(2) A copy of a notification shall be sent to respective City
Environment Management Officer, Municipal Environment
Management Officer, District Environment Management
Officer, and Town Environment Management Officer.
(3) Where notification has been given in accordance with
these Regulations, the owner or operator shall request a transfer of
the permit on payment of the prescribed fee.

Fees for emission of 19. A person who is permitted to emit pollutants pursuant to
pollutants
the provisions of these Regulations shall be required to pay fees as
may be prescribed by the Minister.

Other registration fees 20. A person who is applying for registration in accordance
with the provisions of these Regulations shall be required to pay such
fees as may be prescribed by the Minister.

PART V
AIR QUALITY COMPLIANCE AND ENFORCEMENT
Taking and analysis of 21.-The taking of samples and analysis shall be carried out by the
samples.
Council and laboratories accredited or designated in accordance with
the Act.

Compliance orders 22.-(1) Where the Council has reason to believe that-
(a) any condition of a permit has been breached or about to be
breached;
(b) any person is in breach of any provisions of these Regulations or
any terms and conditions made thereunder,

10
it may issue an compliance order.
(2) The compliance order shall specify in such terms as would
enable the person on whom it is served to understand and shall
contain the following-
(a) the name of the person to whom it is addressed;
(b) the action or non-action or other matter which it is alleged to
constitute the breach of the terms of the permit or of any condition
attached to the permit;
(c) steps that must be taken to rectify the breach, time, being not
earlier than twenty one days from the date of service of the notice of
compliance, and the reasons why those steps are being required;
(d) fee or compensation if any which must be paid by the permit
holder to make good the losses or damage caused by such breach;
(e) the date by which the person shall comply with the order; and
(f) revocation of the permit and penalty for non-compliance.
(3) A City Environment Management Officer, a Municipal
Environment Management Officer, a District Environment
Management Officer and a Town Environment Management Officer
may issue compliance order.
(4) Where any person fails to comply with compliance order,
the Council, a City Environment Management Officer, a Municipal
Environment Management Officer, a District Environment
Management Officer and a Town Environment Management Officer
may-
(a) take the necessary steps to remedy the breach and recover the cost
from the offender; and
(b) ask the relevant authority which licensed the offender to alter the
conditions of the licence or cancel the licence.
(5) Any person who breaches compliance order, commits an offence
and shall on conviction, be liable to a fine of not more than ten
million shillings or to imprisonment for a term not exceeding five
years or to both.
(6) Where a person fails to comply with the requirement specified in
the prevention order, that person shall be liable to a further fine not
exceeding one hundred thousand shillings for every day or part of a
day during which the offence continued.

Protection orders. 23.-(1) The Council, a City Environment Management


Officer, a Municipal Environment Management Officer, a District
Environment Management Officer and a Town Environment
Management Officer may serve protection order against activities
likely to result in adverse effect on the air or to the environment or
public health.
(2) A person who breaches an order made under Sub-
regulation (1) commits an offence and shall be liable on conviction to
a fine not exceeding five million shillings or to imprisonment for a
term not exceeding seven years or to both.

Stop orders 24.-(1) Notwithstanding the provisions governing notice of

11
compliance orders, the Council, a City Environment Management
Officer, a Municipal Environment Management Officer, a District
Environment Management Officer and a Town Environment
Management Officer may issue a stop order to any person where he
is satisfied that further delays will occasion more serious harm to
human health or living environment.
(2) A copy of a stop order shall contain such information and
be made known in such a manner as will enable the person or group
of persons on whom it is served to understand and comply with such
order.
(3) A person on whom a stop order is served shall stop
performing any of the activities referred to in the stop order.
(4) A person defying any stop order commits an offence and
shall be liable on conviction, to a fine not exceeding five million
shillings or to imprisonment for a term not exceeding seven years or
to both.

Powers of 25. An environmental inspector appointed or designated shall


environmental
inspectors. have and exercise powers as conferred upon him by the Act.

Emergency powers to 26.- (1) An environmental inspector who observes or receives


prevent emissions.
information on emission into the environment in an amount,
concentration or manner that constitutes a risk to human health or
environment, may serve an emergency prevention order.
(2) A prevention order shall require a person against whom it is made
to-
(a) create and forward to the Council a written emergency response
plan that is adequate to reduce or eliminate the risk;
(b) have any necessary equipment, facilities and trained personnel
available to deal with the risk; and
(c) take whatever other measures which may be necessary to ensure
that any emergency can be effectively responded to.
(3) A person on whom a prevention order is served shall comply with
the requirements of the order by the date or dates specified in the
order and where no date is specified, that person shall comply with
the order immediately.
(4) A person who contravenes Sub-regulation (3), commits and
offence and shall on conviction be liable to a fine of not more than
one million shillings or to imprisonment for a term not exceeding six
months.
(5) A person who fails to comply with the requirement specified in
the prevention order within the specified time, that person shall be
liable to a further fine not exceeding one hundred thousand shillings
for every day or part of a day during which the offence continued.

Disobeying 27. A person who-


environmental
inspectors
(a) hinders or obstructs an environmental inspector in the execution
of his duties under these Regulations;
12
(b) fails to comply with a lawful order or requirements made by any
environmental inspector in accordance with these Regulations;
(c) refuses an environmental inspector entry upon any land or into
any premises which he is empowered to enter by these Regulations;
(d) impersonates an environmental inspector;
(e) refuses an environmental inspector access to records kept in
accordance with the Act with respect to these Regulations;
(f) gives environmental inspector false name or false address or
misleading information,
commits an offence and shall be liable on conviction, to a fine not
exceeding ten million shillings or to imprisonment for a term of not
more than three years or to both.

Accidental or 28.-(1) A holder of a permit, owner or occupier of premises


inadvertent emissions.
shall be required to ensure that all incidents of inadvertent or
accidental emissions or pollution of air in contravention of
standards prescribed under these Regulations or any other
written law reports within seven days of the occurrence to the
respective City Environment Management Officer, Municipal
Environment Management Officer, District Environment
Management Officer or Town Environment Management
Officer for transmission to the Council .
(2) A person who fails to report accidental or inadvertent
discharge commits an offence and shall be liable on conviction
to a fine not exceeding five million shillings or to imprisonment
for a term not exceeding seven years or to both.

Reward for reporting 29. The Minister may provide a reward to any person
emission or pollution.
reporting an incident of accidental, concealment or
inadvertent emission or pollution of the air.

Enforcement of 30.-(1) For purposes of enforcing environmental air quality


environmental quality
standards standards and criteria, the Council or an environmental inspector
may-
(a) order or carry out investigations of actual or suspected
environmental pollution including the collection of samples, records
and data;
(b) enter, inspect and examine any place, area, premise or any
vehicle, vessel, boat, aircraft or any carriage of any description on
which it has reasonable grounds to believe that the activity is or is
likely to lead to contravention of environmental air quality standards;
(c) take necessary measures to ensure that industry and other
facilities adopt cleaner technology to meet the requirements of air
quality standards prescribed under these Regulations;
(d) monitor emission concentration and nature of pollutants emitted;
(e) make guidelines to minimize emissions and identify suitable
technologies for minimization of air pollution; or
(f) do or perform anything or act that is necessary for the monitoring
and control of environmental pollution.

13
(2) The Council shall establish and maintain close
collaboration with sector Ministries, local government authorities, the
Tanzania Bureau of Standards, the Tanzania Atomic Agency, the
Government Chemist Laboratory Agency, the Occupational Health
and Safety Authority, Surface and Marine Transport Regulatory
Authority, the Tanzania Civil Aviation Authority, the Tanzania
Meteorological Agency, the Energy and Water Utilities Regulatory
Authority and such other institutions for the purposes of enforcement
of air quality standards.

Control of gaseous 31. A person who violates rules or procedures prescribed by a


wastes.
local government authority on gaseous and particulate wastes
commits an offence and shall be liable on conviction to a fine not
exceeding five million shillings or to imprisonment for a term not
exceeding two years or to both.

PART VI
RECORDS AND REPORTING

Records and 32.-(1) The Central Environmental Information System kept and
reporting.
maintained by the Council under the Act shall include-
(a) annual reports on implementation and enforcement of these
Regulations sent by a City Environment Management
Officer, a Municipal Environment Management Officer, a
District Environment Management Officer or a Town
Environment Management Officer;
(b) environmental obligations under any other law;
(c) directives issued by the Minister on emission of pollutants;
(d) periodic returns lodged with the Council; and
(e) permits issued under these Regulations.
(2) The Director of Environment and the Director General of the
National Environmental Management Council shall have access to any
information relating to the implementation of these Regulations, including
any reports on emission of pollutants, necessary to enable them to carry
out their respective duties under these Regulations.
(3) Records kept and maintained under Sub-regulation (1) shall be
public records and subject to the needs of confidentiality as circumstances
may require and any fees which may be prescribed, may be accessed in
accordance with the Act.

PART VII
OFFENCES AND PENALTIES
Offences relating 33. A person who-
to environmental
standards. (a) contravenes any air quality standards for which no other penalty is
specifically provided for;
(b) contravenes a measure prescribed under these Regulations for which
no other penalty is specifically provided,
shall be liable on conviction to a fine of not less than five hundred
thousand shillings and not exceeding ten million shillings or to

14
imprisonment to a term of not less than six months and not
exceeding five years.

Compounding of 34.-(1) The Director General or an environmental inspector may,


offences.
subject to and in accordance with the provisions of the Act
compound any offence under these Regulations from any person
who shows willingness to pay the sum of money as penalty for
contravening the provisions of these Regulations.
(2) Subject to the provisions of these Regulations authorizing any
measure that may be taken in addition to a fine that may otherwise
be taken pursuant to an order of the Tribunal or court, no further
criminal or civil proceedings shall be taken against a person in
respect of whom powers to compound offence has been exercised.

PART VIII
MISCELLANEOUS PROVISIONS
Appeal to the 35. A person who is aggrieved by the decision of the Council, an
Minister
Environmental Inspector, a City Environment Management Officer, a
Municipal Environment Management Officer, a District Environment
Management Officer or a Town Environment Management Officer made
under these Regulations may within thirty days of the decision appeal to
the Minister.

Appeal to the 36. A person who is aggrieved by the decision of the Minister may within
Tribunal.
thirty days following that decision appeal to the Environmental Appeals
Tribunal in such manner as may be prescribed by the Tribunal.

Amendment of 37. The Minister may amend Schedules to these Regulations.


Schedules.

15
FIRST SCHEDULE

PERMISSIBLE WEIGHT CONCENTRATION (IMISSION LIMITS) FROM THE ATMOSPHERE


TO A RECEPTOR AND RESPECTIVE TEST METHODS

Pollutant Guideline Limit Level Test Method

Annual mean of 40 – 60 Daily average of hourly values shall not


µg/Nm3 (0.05-0.08 exceed 0.1 mg/kg
mg/kg) TZS 837 Parts
Sulphur oxides, SOx∗ or 0.5 mg/Nm3 for 10 minutes (1, 2, and 4).
24 – hour average 100
µg/Nm3 (0.129 mg/kg)
1. A maximum permitted exposure of
Aims at preventing 100mg/Nm3 for periods not
carboxyhaemoglobin exceeding 15 minutes.
levels exceeding 2.5- 2. Time-weighed exposures at the
3% in non-smoking following levels:
people.  100 mg/Nm3 for 15 minutes
 60 mg/Nm3 for 30 minutes; TZS 837 Parts
Carbon monoxide, CO
 30 mg/Nm3 for 60 minutes 1,2, and 6
 10 mg/Nm3 for 8 hours.
or
Daily average of hourly values shall not
exceed 10mg/kg and average of hourly
values in eight consecutive hours shall
not exceed 20 mg/kg.
Black smoke and Black smoke 40 to 60
suspended particulate µg/Nm3 (0.05-0.08 Daily average of hourly values shall not
matters (PM 10) mg/kg) exceed 0.10 µg/Nm3 and hourly values TZS 837 Parts 1,
shall not exceed 0.20 µg/Nm3 2 and 3.
PM 10 60 to 90 µg/Nm3
(0.05 – 0.116 mg/kg)
Annual mean of 0.1 150 µg/Nm3 for 24-hours average value
TZS 837 Part 1,
Nitrogen dioxide. NOx µg/Nm3
3 2, and 5
120µg/Nm for 8 hours

Lead Annual mean of 0.5 – 1.5µg/Nm3 for 24 – hours average value ISO 9855:1993
1.0 µg/Nm3
Annual mean of 10 – 120 µg/Nm3 for 8 – hours average value
Ozone
100 µg/Nm3


To be reported as SO2
16
SECOND SCHEDULE

HIGHEST PERMISSIBLE QUANTITY (EMISSION) AND TEST METHODS

Pollutant Guideline Limit Level Test Method


Large Combustion Plants (LCP) using Yearly average of:
solid fuel with thermal effect of:

50 to 100 MWth 850 mg/Nm3

100 to 300 MWth 200 mg/Nm3

> 300 MWth 200 mg/Nm3

LCP using liquid fuel with thermal


effect of:

Sulphur oxides∗ SOx 50 to 100 MWth 850 mg/Nm3 TZS 837 Part 4
400 to 200
100 to 300 MWth mg/Nm3 (linear
decrease)

> 300 MWth 200 mg/Nm3

LCP using gaseous fuel 35 mg/Nm3

LCP using low calorific gases from


gasification of refinery residues, coke 800 mg/Nm3
oven gas, blast-furnace gas

Liquid fuel combustion with heat Not to exceed 175


output exceeding 5MW. mg/Nm3

Carbon monoxide CO TZS 837 Part 6


Solid fuel combustion with the heat Not to exceed the
output of 50MW and above level of 250
mg/Nm3
Hydrocarbon (as Not to exceed 20
Total Organic mg/Nm3 TZS 837 Part 7
Carbon)
Inert dust, including cement. Not to exceed TZS 837 Part 3
Dust 250mg/Nm3
(24h mean value)


To be reported as SO2
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Pollutant Guideline Limit Level Test Method

LCP using solid fuel with thermal Yearly average of:


effect of:
600 mg/Nm3
50 to 500 MWth

>500 MWth 500 mg/Nm3

LCP using liquid fuel with thermal


effect of:
TZS 837 Part 1, 2,
Nitrogen Oxides* NOx
50 to 500 MWth 450 mg/Nm3 and 5

>500 MWth 400 mg/Nm3

LCP using liquid fuel with thermal


effect of:

50 to 500 MWth 300 mg/Nm3

>500 MWth 200 mg/Nm3


Lead Not to exceed 5 tonne/year of lead or
lead compounds (measured as ISO 9855:1993
elemental lead) by a stationary source

*
To be reported as NO2
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THIRD SCHEDULE

TOLERANCE LIMITS OF INACTIVE DUST, OXIDES OF NITROGEN AND SULFUR


DIOXIDE EMISSIONS FROM CEMENT FACTORIES INTO THE AIR

Limit
S/N Characteristic Optimal Time Method of Test
Immediate
Value (Yrs)
1 DUST – for systems
with:
- MLTC 2000 50 5 TZS 837(Part 3): 2004
- FF-sm 150 50 8 (ISO 9096)
- EP-le 500 50 8
- FF-jp 50 50 N/A
- EP-he 50 50 N/A
2 NOx 1800 1500 6 TZS 837(Part 5): 2004
3 SO2 800 500 8 TZS 837(Part 4): 2004
NOTES

1. All values are in mg/Nm3, dry gas basis @ 273 K, 101.3 kPa and 10% 02 (kiln stack
only)

2. Limits are the values not to be exceeded during periodic measurement under normal
conditions.

3. Where continuous monitoring exists, the limit represents the monthly average
exclusive of periods under abnormal conditions.

In compound kiln/raw mill systems, operation with either the kiln or the raw mill alone is
considered as abnormal condition.

FOURTH SCHEDULE
EMISSION LIMITS FOR MOTOR VEHICLES

TABLE A: Emission Limits for Passenger Cars (>2.5 tonnes)

Note: Limits shall be determined by methods conforming to


TZS 985/ISO 3929 and/or analyzers conforming of TZS 986/ISO 3930

Compound Limit (g/km)

Diesel

Carbon Monoxide (CO) 2.72


Hydrocarbons (HC) –
Hydrocarbons and Nitrogen Oxides (HC+NOx) 0.97
Nox 0.50
Particulate Matters (PM) 0.14

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Petrol (Gasoline)

CO 2.72

HC 0.20

HC+Nox 0.97

Nox 0.15

PM -

TABLE B: Emission Limits for Light Commercial Vehicles, g/km

Note: Limits shall be determined by methods conforming to


TZS 985/ISO 3929 and/or analyzers conforming of TZS 986/ISO 3930

Compound Limit (g/km)


Diesel

<1305 kg

CO 2.72

HC -

HC+Nox 0.97

Nox 0.50

PM 0.14

1305-1760 kg

CO 5.17
HC -
HC+Nox 1.40

Nox 0.65

PM 0.19

>1760 kg

CO 6.90

HC -

HC+Nox 1.70

Nox 0.78

PM 0.25

Petrol (Gasoline)

20
<1305 kg

CO 2.72

HC 0.20

TABLE B: Emission Limits for Light Commercial Vehicles, g/km

Note: Limits shall be determined by methods conforming to


TZS 985/ISO 3929 and/or analyzers conforming of TZS 986/ISO 3930

Compound Limit (g/km)


HC+Nox 0.50

Nox 0.15

PM -

N1, Class II 1305-1760 kg

CO 5.17

HC -

HC+Nox 1.40

Nox -

PM -

>1760 kg

CO 6.90

HC -

HC+Nox 1.70

Nox -

PM -

TABLE C: Emission Limits for Heavy Duty (HD) Diesel Engines

Note: Limits shall be determined by methods conforming to


TZS 985/ISO 3929 and/or analyzers conforming of TZS 986/ISO 3930

Pollutant Limit

CO 4.5 g/kWh

NOx 1.1 g/kWh

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HC 8.0 g/kWh

PM 0.612 g/kWh

Smoke 0.15 g/m

Table D
Exhaust Emission Limits for 3 and 2-Wheel Vehicles

Note: Limits shall be determined by methods conforming to


TZS 985/ISO 3929 and/or analyzers conforming of TZS 985/ISO 3930

Emission Limits for 3 - Wheel Gasoline Vehicles

Pollutant Limit (g/km)

CO 4.0

HC+NOx 2.0

Emission Limits for 2 - Wheel Gasoline Vehicles

Pollutant Limit (g/km)

CO 2.00

HC+NOx 3.60

Dar es Salaam, MARK J. MWANDOSYA


……………, 2007 Minister of State, Vice President’s Office -
Environment

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