Sw-1645446559-Air Quality Standards Regulations 2007
Sw-1645446559-Air Quality Standards Regulations 2007
…published on………
(CAP. 191)
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REGULATIONS
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(Made under Sections 140, 145 and 230 (2) (s))
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ARRANGEMENT OF REGULATIONS
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Regulation Title
PART I
PRELIMINARY PROVISIONS
PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Interpretation.
3. Object.
PART II
THE NATIONAL ENVIRONMENTAL
STANDARDS COMMITTEE
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.
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SCHEDULE
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FIRST SCHEDULE
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SECOND SCHEDULE
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THIRD SCHEDULE
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FOURTH SCHEDULE
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THE GOVERNMENT NOTICE NO……………published on………..
PART I
PRELIMINARY PROVISIONS
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“imission limit” is the highest permissible weight concentration of
pollutants contained in the air;
PART II
THE NATIONAL ENVIRONMENTAL
STANDARDS COMMITTEE
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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.
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(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;
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(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.
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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.
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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,
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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.
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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.
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.
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(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.
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
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imprisonment to a term of not less than six months and not
exceeding five years.
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.
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FIRST SCHEDULE
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
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SECOND SCHEDULE
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)
∗
To be reported as SO2
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Pollutant Guideline Limit Level Test Method
*
To be reported as NO2
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THIRD SCHEDULE
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
Diesel
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Petrol (Gasoline)
CO 2.72
HC 0.20
HC+Nox 0.97
Nox 0.15
PM -
<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)
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<1305 kg
CO 2.72
HC 0.20
Nox 0.15
PM -
CO 5.17
HC -
HC+Nox 1.40
Nox -
PM -
>1760 kg
CO 6.90
HC -
HC+Nox 1.70
Nox -
PM -
Pollutant Limit
CO 4.5 g/kWh
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HC 8.0 g/kWh
PM 0.612 g/kWh
Table D
Exhaust Emission Limits for 3 and 2-Wheel Vehicles
CO 4.0
HC+NOx 2.0
CO 2.00
HC+NOx 3.60
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