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Wakilii

National Environment (Air Quality Standards) Regulations

Statutory Instrument 22 of 2024 Current version · as at 26 April 2024
Enacted2024
Commenced26 April 2024
Last amended
Point-in-time consolidation · as at 26 April 2024. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

13 parts · 147 sections · 10 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

National Environment (Air Quality Standards) Regulations

Commenced on 26 April 2024

[This is the version of this document at 26 April 2024.]

Part I

1. Title

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Title”.

“Title”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Title”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Application of Regulations

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application of Regulations” applies.

“Application of Regulations”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Interpretation

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“Interpretation”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

5. Ambient air quality

Stationary Emission Sources

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Ambient air quality”.

“Stationary Emission Sources”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Ambient air quality”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Control of emissions from stationary sources

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Control of emissions from stationary sources”.

“Control of emissions from stationary sources”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Control of emissions from stationary sources”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Fugitive emission reduction measures

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Fugitive emission reduction measures”.

“Fugitive emission reduction measures”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Fugitive emission reduction measures”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Fugitive emission control plan

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Fugitive emission control plan”.

“Fugitive emission control plan”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Fugitive emission control plan”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Mobile emission sources

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Mobile emission sources”.

“Mobile emission sources”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Mobile emission sources”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Inspection of mobile emission sources

Stationary Emission Sources

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Inspection of mobile emission sources”.

“Stationary Emission Sources”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Inspection of mobile emission sources”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. Visible emissions

Emission Control Technologies

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Visible emissions”.

“Emission Control Technologies”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Visible emissions”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Clean technologies

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Clean technologies”.

“Clean technologies”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Clean technologies”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
13. Quality of fuels

Emissions from Open Burning, Odour and Transboundary Sources

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Quality of fuels”.

“Emissions from Open Burning, Odour and Transboundary Sources”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Quality of fuels”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
14. Open burning of combustible material

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Open burning of combustible material”.

“Open burning of combustible material”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Open burning of combustible material”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
15. Odourous emissions

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Odourous emissions”.

“Odourous emissions”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Odourous emissions”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
16. Transboundary air pollution

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Transboundary air pollution”.

“Transboundary air pollution”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Transboundary air pollution”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part I

1. Title

These Regulations may be cited as the National Environment (Air Quality Standards) Regulations, 2024.

2. Application of Regulations
(1)

These Regulations apply to air pollution resulting from- (a) processes, operations and activities; and (b) all internal combustion engines.

(2)

These Regulations shall apply in addition to other requirements under the Act or any other written law and environmental standards.

(3)

Where there are no maximum emission standards set out under these Regulations, the Authority may, subject to subregulation (2), require the operator to apply internationally recognised emission standards.

3. Interpretation

In these Regulations, unless the context otherwise requires- "Act" means the National Environment Act, 2019; "air pollutants" means airborne substances; either solids, liquids or gases that occur in concentrations that threaten or harm human health and the environment; "air pollution" means a change in the air quality resulting from human activity, through direct or indirect input of pollutants that may be harmful to human health and the environment, or cause damage to property or disturb or affect amenities of life and any other legitimate manner of environment use; "air quality" means the state of air, including the concentration of pollutants in the atmosphere at the point of measurement; "ambient air" means the outdoor air to which human beings, plants, animals or material are exposed, typically measured near ground level, away from direct sources of pollution but does not include the atmosphere within a structure or within any underground space; "Authority" means the National Environment Management Authority established by section 8 of the Act; "currency point" has the value assigned to it in Schedule 1 to these Regulations; "emergency situation" means an environmental emergency resulting from sudden on-set disasters or incidents arising from natural, technological or human induced factors or a combination of these factors that cause or are likely to cause significant environmental damage or loss of human life and property;

"emission" means releases of gas or other pollutant into the atmosphere from any source;

"emission limit" means the highest permissible concentration of pollutants that can be released into the air within a specified period, based on science;

"environmental standards" means standards produced or adopted by the Authority in consultation with the Uganda National Bureau of Standards for use in Uganda;

"facility" means any plant, structure, group of structures, equipment, device, infrastructure or other associated installation; "fugitive emissions" mean emissions which cannot or are not reasonably likely to be collected or passed through a stack, chimney, vent, or other functionally equivalent opening; "indoor air quality" means the quality of air within and around a building or structure or underground space that can affect the health and comfort of persons;

"Minister" means the Minister responsible for the environment;

"mobile emission source" means a single identifiable moving source of air pollution, including vessels, engines and equipment that can be moved from one location to another;

"non-point source" means a source of air pollution which cannot be identified as having emanated from a single identifiable source or fixed location;

"occupational exposure" means exposure to pollutants in the work environment;

"operator" means a person executing an activity regulated under the Act, or any other entity executing on behalf of one or several persons, the day to day management of the activity, and includes the owner of the facility;

"point source" means a single identifiable source and fixed location of a source of air pollution and includes stacks, chimneys and vents; "pollutant" means any substance which may cause air pollution, when emitted into the atmosphere, either by itself or in combination with any other substance; "shut-down of equipment" means the cessation of operation of a facility or a unit of a facility from an operative condition after normal production rates have been achieved or for any other purpose; "start-up of equipment" means the setting into operation of a facility or a unit of a facility from an inoperative condition so that normal production rates are achieved or for any other purpose; "stationary source" means any fixed building, structure, facility, installation, equipment or vessel or other locomotive deposited, parked, moored, or otherwise remaining temporarily in place, which emits or may emit any air pollutant; "vessel" includes a ship, motor boat and other waterborne craft, motor vehicle, motor cycle, aircraft, train or other locomotive used for mobility.

Part II

4. General prohibitions
(1)

A person shall not- (a) from any source or activity, emit or cause to be emitted objectionable matter or obnoxious smells including smoke, gases, vapours, fumes, grit, dust or other matter capable of being dispersed or suspended in the atmosphere contrary to these Regulations;

(b)

release or cause to be released any hazardous substance into the air contrary to these Regulations; or (c) act in a way that directly or indirectly causes, or is likely to cause immediate or subsequent air pollution in levels that exceed the permissible emission limits.

(2)

A person shall not cause emissions into the air beyond permissible limits or by the use of a substance or product banned or restricted under the Act, Regulations made under the Act, any other written law or environmental standards.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “General prohibitions”.

“(1) A person shall not- (a) from any source or activity, emit or cause to be emitted objectionable matter or obnoxious smells including smoke, gases, vapours, fumes, grit, dust or other matter capable of being dispersed or suspended in the atmosphere contrary to these Regulations;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not- (a) from any source or activity, emit or cause to be emitted objectionable matter or obnoxious smells including smoke, gases, vapours, fumes, grit, dust or other matter capable of being dispersed or suspended in the atmosphere contrary to these Regulations;
  2. (b) release or cause to be released any hazardous substance into the air contrary to these Regulations; or (c) act in a way that directly or indirectly causes, or is likely to cause immediate or subsequent air pollution in levels that exceed the permissible emission limits.
  3. (2) A person shall not cause emissions into the air beyond permissible limits or by the use of a substance or product banned or restricted under the Act, Regulations made under the Act, any other written law or environmental standards.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

5. Ambient air quality
(1)

A person who undertakes an activity or manages a process that is likely to pollute the air shall comply with the ambient air quality standards prescribed in Schedule 2 to these Regulations.

(2)

Subregulation (1) shall apply to an operator referred to under regulation 6 and a person who causes the escape of air pollutants, or stockpiles or stores substances or materials in a manner that is likely to cause the quality of ambient air to deteriorate.

(3)

A local authority may, in consultation with the Authority or relevant lead agency, make byelaws or ordinances to implement the standards under subregulation (1) depending on the local circumstances, and subject to written law.

Stationary Emission Sources

6. Control of emissions from stationary sources
(1)

An operator shall not, under normal operations, cause or allow the emission of air pollutants from stacks, chimneys, vents or other stationary sources in excess of the limits set out in Schedule 3 to these Regulations, except during start-up of equipment and shut-down of equipment or in emergency situations.

(2)

Subregulation (1) shall apply to sources of air pollution which do not operate on a continuous basis.

(3)

For purposes of the exceptions in subregulation (1), an operator shall- (a) within twenty-four hours of the occurrence of an emergency situation, notify the Authority and the relevant lead agency; and (b) within two days of occurrence of an emergency situation, submit a report indicating the time and details of the incident, including the response taken.

(4)

The operator of a stationary emission source shall conduct emission testing and facility monitoring to demonstrate and ensure compliance with the requirements of regulation 31.

(5)

The Authority may prevent a facility from commencing operations where it has cause to believe that the facility may constitute a major source of air pollution.

7. Fugitive emission reduction measures
(1)

The operator of a stationary facility shall, in accordance with a fugitive emission control plan referred to under regulation 8, take measures to control fugitive emissions. (2) The operator referred to in subregulation (1) shall ensure that fugitive emissions do not cause the ambient air quality at the property boundary of the facility to exceed the limits prescribed under Schedule 2 to these Regulations.

(3)

The Authority shall, in consultation with the relevant lead agency, consider fugitive emissions in determining whether a stationary source of hazardous air pollutants is a major source of pollution in a given area.

8. Fugitive emission control plan
(1)

The operator of a stationary facility shall put in place a fugitive emission control plan based on an environmental risk assessment undertaken in accordance with the Act and the National Environment (Environmental and Social Assessment) Regulations, 2020.

(2)

A fugitive emission control plan shall contain- (a) a description of the facility and its processes; (b) a list of potential sources of fugitive emissions; (c) measures for control and mitigation of fugitive emissions; and (d) any other information as the Authority may deem necessary.

(3)

Notwithstanding subregulation (1), the Authority may require an applicant to submit a written fugitive emission control plan as part of an application for a licence under these Regulations.

(4)

Where a fugitive emission control plan is submitted to the Authority as part of an application for a licence under subregulation (3), the plan shall be reviewed together with other aspects of the application.

(5)

The operator of a stationary facility shall make available a fugitive emission action plan to the Authority and the relevant lead agency, upon request.

Mobile Emission Sources

9. Mobile emission sources
(1)

A person shall not import a new or used motor vehicle, other conveyance vessel or mobile emission source unless it meets the emission limits prescribed under Schedule 4 to these Regulations.

(2)

The lead agency responsible for the regulation of motor vehicles, other conveyance vessels or mobile emission source shall, in collaboration with other relevant lead agencies and the Authority, ensure compliance with subregulation (1).

(3)

A person who operates a new or used motor vehicle, other conveyance vessel or mobile emission source, shall ensure that the emission of air pollutants from the internal combustion engine during normal running conditions or idling, does not exceed the limits prescribed under Schedule 4 to these Regulations and the ambient air standards set out in Schedule 2 to these Regulations.

(4)

The operator of a mobile emission source including a transport and conveyance vessel by road, rail, air or inland water existing before the coming into force of these Regulations shall ensure that the mobile emission source meets the minimum standards applicable to its date of manufacture, in accordance with accepted international standards for that year, make and model of the mobile emission source, until the mobile emission source is brought into compliance with Schedule 4 to these Regulations, as appropriate, or is removed from operation.

(5)

Subregulations (1), (3) and (4) apply to internal combustion engines of portable emission sources which are commonly, and by usual practice, moved from one place to another.

(6)

The operator of an emission source referred to under subregulation (3), (4) or (5) shall ensure that the emission source does not lead to a build-up of emissions in enclosed places.

(7)

An operator referred to under this regulation shall ensure that the mobile emission source, including a portable emission source, is adequately maintained and inspected in accordance with these Regulations, the Traffic and Road Safety Act, 1998 and any other written law.

(8)

An operator referred to under subregulation (1) shall comply with the provisions of the Traffic and Road Safety Act, 1998, any other written law and standards issued by the Uganda National Bureau of Standards.

10. Inspection of mobile emission sources
(1)

The Authority may, in consultation with the lead agencies responsible for the inspection of a mobile emission source, at any time, cause the inspection of a mobile source that is emitting pollutants.

(2)

The lead agencies responsible for mobile emission source inspection shall, in consultation with the Authority, ensure that-

(a)

commercial vehicles, public service vehicles and private vehicles undergo emission tests in accordance with these Regulations, the Traffic and Road Safety Act, 1998 and the Traffic and Road Safety (Motor Vehicle Inspection) Regulations, 2016; and

(b)

emissions from other conveyance vessels, portable equipment or other mobile emission source are tested in accordance with these Regulations and other written law.

(3)

The emission tests referred to in subregulation (2) shall be undertaken by the relevant lead agency.

(4)

The emission tests shall be undertaken in accordance with the Traffic and Road Safety Act, 1998, other written law and standards approved by the Uganda National Bureau of Standards.

(5)

The operator of a motor vehicle, other conveyance vessel or other mobile emission source that does not pass the emission test shall undertake appropriate maintenance and other actions to bring the vessel into compliance with these Regulations.

Other Sources of Emissions

11. Visible emissions
(1)

A person shall not generate, cause or allow the release or dispersion of visible emissions including dust, smoke, fly ash, mist, fumes, smog, vapour, cinders and other liquid droplets or solid particles of any kind contrary to the air quality standards set out in these Regulations.

(2)

Subregulation (1) applies to visible emissions- (a) from any stationary source listed under Schedule 3 to these Regulations; (b) from any mobile source listed under Schedule 4 to these Regulations; (c) from any substance or material being transported by motor vehicle or by other mode of conveyance; and (d) during construction, demolition, mining, quarrying and other related activities.

Emission Control Technologies

12. Clean technologies
(1)

The operator or other stationary emission source shall, in accordance with an air quality management plan developed under regulation 32(1), use best available emission reduction technologies and best environmental practices to meet the emission standards prescribed under these Regulations.

(2)

The lead agencies responsible for motorised transport and other emission sources shall, in collaboration with other relevant lead agencies and the Authority, put in place mechanisms to promote the adoption of cleaner technologies in motorised transport and other emission sources by- (a) developing programmes to phase out old motor vehicles and other motorised vessels, including their removal from operation;

(b)

providing for engine specifications and calibration; (c) provision of incentives for acquisition of newer and environmentally friendly motor vehicles and other motorised vessels; (d) adoption of infrastructure that promotes mass transportation and non-motorised transport; and (e) provision of additional control measures as may be deemed necessary.

13. Quality of fuels
(1)

The lead agency responsible for fuel standards shall, in collaboration with other relevant lead agencies and the Authority, establish limit values for the contents and types of harmful substances, as well as other requirements relating to the quality of fuels in accordance with the Petroleum Supply Act, 2003, Regulations made under that Act, and standards approved by the Uganda National Bureau of Standards.

(2)

The fuel standards referred to in subregulation (1) shall be harmonised with the vehicular emission standards set out in Schedule 4 to these Regulations.

Emissions from Open Burning, Odour and Transboundary Sources

14. Open burning of combustible material

A person shall not carry out open burning of any combustible material that emits air pollutants that affect ambient air quality contrary to the standards set out in Schedule 2 to these Regulations

15. Odourous emissions
(1)

A person shall not cause or allow the emission of odour from any source contrary to the Act, these Regulations, the Public Health Act and other written law.

(2)

A person whose activities cause the emission of odour, shall use best environmental practices and put in place measures to reduce the odour to a level acceptable to the receiving environment, in accordance with these Regulations.

(3)

Where the activity referred to under subregulation (2) is part of an industrial process, the operator of the facility shall ensure that the constituents of the detectable odours are reduced by practical means, to bring the facility into compliance with the ambient air standards set out in Schedule 2 to these Regulations and maximum permissible emission limits for stacks, chimneys, vents and other source emissions set out in Schedule 3 to these Regulations.

(4)

The measurements for odour shall be taken from the boundary of the property from which the emission originates, taking into account- (a) the odour descriptors; (b) the composition of the odour; (c) the concentration of the constituents of the odour; and (d) the acceptable limits, measured using appropriate equipment.

(5)

The limits referred to under subregulation (4) shall- (a) for areas used predominantly for residential or commercial purposes, apply when odour is detected after the odorous air has been diluted with seven or more volumes of odour- free air; (b) in all other land use areas, apply when odour is detected after the odorous air has been diluted with fifteen or more volumes of odour-free air; and (c) for an industrial process that has demonstrated that the best practical treatment, maintenance and control measures have been undertaken to bring the emission source to the lowest possible emission of odorous gases, apply when odour is detected after the odorous air has been diluted with one hundred twenty-seven or more volumes of odour- free air.

(6)

For the purposes of subregulation (5), two odour measurements shall be made within a period of one hour, with these measurements being separated by an interval of at least fifteen minutes.

(7)

When taking odour measurements, the following factors shall be considered- (a) the frequency of the odour event; (b) the intensity of the odour; (c) the duration of each odour event; (d) the offensiveness or intrusive character of the odour; and (e) the location of the odour, especially in regard to the sensitivity of the receiving environment.

(8)

The Authority or an authorised officer shall, in accordance with a compliance order issued under the Act and these Regulations, require the operator of the facility to reduce the odour to an acceptable level within a specified timeframe.

16. Transboundary air pollution
(1)

Subject to section 151 of the Act, the Minister may collaborate with the Authority and the relevant lead agency where air pollution is reported to occur from or impacts a neighbouring State.

(2)

The collaboration referred to under subregulation (1) shall include-

(a)

notification about the cause, movement and impact of the pollution;

(b)

consultation on appropriate remedial action and measures to be undertaken by the person responsible for the emissions; and

(c)

any other aspect regarding control of transboundary emissions as may be deemed necessary.

Part IV

17. Occupational air quality emission limits
(l)

An operator shall ensure that occupational exposure to air pollutants does not exceed the exposure limits prescribed under the Occupational Safety and Health Act, 2006, these Regulations and other written law.

(2)

Without limiting the general effect of subregulation (1), an operator shall observe the occupational exposure standards set out in Schedule 5 to these Regulations.

(3)

Where the air pollutants referred to in this regulation are not covered under the relevant law, the operator shall apply the guidance provided by best industry practice and the manufacturer or supplier of the polluting substance.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Occupational air quality emission limits”.

“(l) An operator shall ensure that occupational exposure to air pollutants does not exceed the exposure limits prescribed under the Occupational Safety and Health Act, 2006, these Regulations and other written law.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (l) An operator shall ensure that occupational exposure to air pollutants does not exceed the exposure limits prescribed under the Occupational Safety and Health Act, 2006, these Regulations and other written law.
  2. (2) Without limiting the general effect of subregulation (1), an operator shall observe the occupational exposure standards set out in Schedule 5 to these Regulations.
  3. (3) Where the air pollutants referred to in this regulation are not covered under the relevant law, the operator shall apply the guidance provided by best industry practice and the manufacturer or supplier of the polluting substance.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
18. Protection of work environment

An operator shall (a) use best practicable means and technologies to ensure that the work environment is free of pollutants and complies with the limits set out in Schedule 5 to these Regulations;

(b)

provide adequate ventilation for the facility to allow air exchange;

(c)

put in place safety signage on air quality-related hazards at conspicuous locations at the facility; and

(d)

put in place any other measures as may be appropriate for the facility to prevent or minimise air pollution in the work environment.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Protection of work environment”.

“An operator shall (a) use best practicable means and technologies to ensure that the work environment is free of pollutants and complies with the limits set out in Schedule 5 to these Regulations;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Protection of work environment”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) provide adequate ventilation for the facility to allow air exchange;
  2. (c) put in place safety signage on air quality-related hazards at conspicuous locations at the facility; and
  3. (d) put in place any other measures as may be appropriate for the facility to prevent or minimise air pollution in the work environment.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
19. Protection of workers from exposure
(1)

An operator shall- (a) inform workers of the hazards in specific work environments; (b) train workers on the potential hazards of any hazardous substance to which they are exposed and the safety precautions to be taken to prevent harm to their health; (c) provide personal protective equipment to workers and ensure that the equipment is used; (d) ensure that measurements of pollutants are carried out by a laboratory designated by the Authority or accredited internationally, in order to determine compliance with the allowed levels of exposure; (e) ensure that records of measurements carried out under paragraph (d) are submitted to the Authority and the lead agency responsible for occupational safety and health on a quarterly basis; (f) monitor the exposure of workers to specific pollutants and carry out periodic medical tests for workers; and (g) take exposure reduction measures in accordance with the Occupational Safety and Health Act, 2006, these Regulations and other written law.

(2)

The information collected under subregulation (1) shall be made available to the Authority, relevant lead agency or authorised person, upon request.

(3)

An occupational hygienist designated as such under the Occupational Safety and Health Act, 2006 or authorised officer shall-

(a)

monitor the level of exposure of workers to air pollution; and

(b)

cause compliance with this Part in accordance with the Act, the Occupational Safety and Health Act, 2006, these Regulations and other written law.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Protection of workers from exposure”.

“(1) An operator shall- (a) inform workers of the hazards in specific work environments; (b) train workers on the potential hazards of any hazardous substance to which they are exposed and the safety precautions to be taken to prevent harm to their health; (c) provide personal protective equipment to workers and ensure that the equipment is used; (d) ensure that measurements of pollutants are carried out by a laboratory designated by the Authority or accredited internationally, in order to determine compliance with…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An operator shall- (a) inform workers of the hazards in specific work environments; (b) train workers on the potential hazards of any hazardous substance to which they are exposed and the safety precautions to be taken to prevent harm to their health; (c) provide personal protective equipment to workers and ensure that the equipment is used; (d) ensure that measurements of pollutants are carried out by a laboratory designated by the Authority or accredited internationally, in order to determine compliance with the allowed levels of exposure; (e) ensure that records of measurements carried out under paragraph (d) are submitted to the Authority and the lead agency responsible for occupational safety and health on a quarterly basis; (f) monitor the exposure of workers to specific pollutants and carry out periodic medical tests for workers; and (g) take exposure reduction measures in accordance with the Occupational Safety and Health Act, 2006, these Regulations and other written law.
  2. (2) The information collected under subregulation (1) shall be made available to the Authority, relevant lead agency or authorised person, upon request.
  3. (3) An occupational hygienist designated as such under the Occupational Safety and Health Act, 2006 or authorised officer shall-
  4. (a) monitor the level of exposure of workers to air pollution; and
  5. (b) cause compliance with this Part in accordance with the Act, the Occupational Safety and Health Act, 2006, these Regulations and other written law.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part V

20. Indoor air quality emission limits
(1)

The owner, operator or occupier of premises shall ensure that indoor air quality conforms to the standards set out in Schedule 6 to these Regulations or other written law.

(2)

The Authority and the relevant lead agency shall, as appropriate, guide owners, operators or occupiers of premises to improve the indoor air quality.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Indoor air quality emission limits”.

“(1) The owner, operator or occupier of premises shall ensure that indoor air quality conforms to the standards set out in Schedule 6 to these Regulations or other written law.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The owner, operator or occupier of premises shall ensure that indoor air quality conforms to the standards set out in Schedule 6 to these Regulations or other written law.
  2. (2) The Authority and the relevant lead agency shall, as appropriate, guide owners, operators or occupiers of premises to improve the indoor air quality.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
21. Protection of occupants

The owner, operator or occupier of premises shall (a) ensure that ventilation and interior finishing of buildings is undertaken in a manner and with materials that enhance and protect indoor air quality;

(b)

maintain air conditioning equipment, when used in means of mass transport, places of entertainment, accommodation and other premises, in conformity with air conditioning standards;

(c)

assign dedicated personnel for indoor air quality monitoring and management in accordance with the air quality management plan referred to under regulations 23 and 32; and

(d)

when required by an occupational hygienist or authorised officer, ensure that indoor air quality is analysed by a laboratory designated by the Authority or accredited internationally in order to determine compliance with the allowed levels of exposure.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Protection of occupants”.

“The owner, operator or occupier of premises shall (a) ensure that ventilation and interior finishing of buildings is undertaken in a manner and with materials that enhance and protect indoor air quality;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Protection of occupants”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) maintain air conditioning equipment, when used in means of mass transport, places of entertainment, accommodation and other premises, in conformity with air conditioning standards;
  2. (c) assign dedicated personnel for indoor air quality monitoring and management in accordance with the air quality management plan referred to under regulations 23 and 32; and
  3. (d) when required by an occupational hygienist or authorised officer, ensure that indoor air quality is analysed by a laboratory designated by the Authority or accredited internationally in order to determine compliance with the allowed levels of exposure.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VI

22. Air quality monitoring programme by Authority or lead

agency (1) The Authority shall, in consultation with the relevant lead agency, develop a national air quality monitoring programme in accordance with this regulation.

(2)

The air quality monitoring programme developed under this regulation shall comprise-

(a)

a uniform and functioning system for the monitoring and control of air quality; (b) sampling methods; (c) the frequency of monitoring; and (d) a comprehensive database and reporting mechanism for the management and review of the state of air quality, which shall be periodically updated.

(3)

The Authority shall coordinate the implementation of the national air quality monitoring programme developed under subregulation (1) through-

(a)

systematic monitoring, observation, analysis and evaluation of the impact of pollution on air quality;

(b)

identification of the sources and distribution of pollution; (c) evaluation of the impact of the polluted air on human health and the environment;

(d)

specification and proposal of measures for air quality improvement; and (e) modelling and forecasting.

(4)

The measures referred to in subregulation (3) (d), may, in specific circumstances-

(a)

restrict or suspend certain activities that are evaluated as contributing significantly to air pollution;

(b)

propose incentives to encourage compliance in accordance with the Act and these Regulations; and

(c)

propose other economic and legal interventions as may be deemed necessary.

(5)

The monitoring data generated under this regulation shall determine the severity of air pollution in the affected areas and provide a framework for the development of the air quality management plan under regulation 23.

(6)

The relevant lead agency and any other ministry, department or agency of Government shall, as appropriate, develop and implement its respective air quality monitoring programme in line with the national air quality monitoring programme developed under this regulation.

(7)

The air quality monitoring programme developed under this regulation shall be for a duration of five years and shall be updated for the subsequent monitoring cycle.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Air quality monitoring programme by Authority or lead”.

“agency (1) The Authority shall, in consultation with the relevant lead agency, develop a national air quality monitoring programme in accordance with this regulation.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

13
  1. (2) The air quality monitoring programme developed under this regulation shall comprise-
  2. (a) a uniform and functioning system for the monitoring and control of air quality; (b) sampling methods; (c) the frequency of monitoring; and (d) a comprehensive database and reporting mechanism for the management and review of the state of air quality, which shall be periodically updated.
  3. (3) The Authority shall coordinate the implementation of the national air quality monitoring programme developed under subregulation (1) through-
  4. (a) systematic monitoring, observation, analysis and evaluation of the impact of pollution on air quality;
  5. (b) identification of the sources and distribution of pollution; (c) evaluation of the impact of the polluted air on human health and the environment;
  6. (d) specification and proposal of measures for air quality improvement; and (e) modelling and forecasting.
  7. (4) The measures referred to in subregulation (3) (d), may, in specific circumstances-
  8. (a) restrict or suspend certain activities that are evaluated as contributing significantly to air pollution;

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
23. Air quality management plans
(1)

The Authority shall, in consultation with the relevant lead agency, develop a national air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.

(2)

The relevant lead agencies, including cities, municipalities and large urban authorities shall, in collaboration with the Authority, develop and implement air quality management plans within their areas of jurisdiction.

(3)

Where the air quality management plan is developed by a local government other than a local government referred to under subregulation (2), the plan may include air quality interventions by lower local governments.

(4)

An air quality management plan developed under this regulation shall form part of the air quality monitoring programme referred to in regulation 22.

(5)

An air quality management plan developed under this regulation shall be reviewed and assessed for effectiveness at least every two years.

(6)

An air quality management plan may, for the purposes of its implementation, provide for the establishment of a committee representing relevant stakeholders.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Air quality management plans”.

“(1) The Authority shall, in consultation with the relevant lead agency, develop a national air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The Authority shall, in consultation with the relevant lead agency, develop a national air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.
  2. (2) The relevant lead agencies, including cities, municipalities and large urban authorities shall, in collaboration with the Authority, develop and implement air quality management plans within their areas of jurisdiction.
  3. (3) Where the air quality management plan is developed by a local government other than a local government referred to under subregulation (2), the plan may include air quality interventions by lower local governments.
  4. (4) An air quality management plan developed under this regulation shall form part of the air quality monitoring programme referred to in regulation 22.
  5. (5) An air quality management plan developed under this regulation shall be reviewed and assessed for effectiveness at least every two years.
  6. (6) An air quality management plan may, for the purposes of its implementation, provide for the establishment of a committee representing relevant stakeholders.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
24. Content of air quality management plan

The air quality management plan developed under regulation 23 shall contain (a) a coordination mechanism for air quality management in the affected area; (b) measures to identify the negative impact of poor air quality on human health and the environment;

(c)

measures to reduce and address the impacts of emissions from industrial sources; (d) measures to reduce and address the impacts of air pollution in residential areas, public areas and other sensitive environments;

(e)

emission reduction targets; (f) measures for the monitoring and management of indoor air quality to meet the standards prescribed in Schedule 6 to these Regulations; (g) measures to reduce and address the impacts of emissions from point or non-point sources of air pollution other than those contemplated in paragraphs (c) and (d); (h) timelines and responsible entities for each measure identified in this regulation; (i) thresholds for control areas in accordance with regulation 28(2); (j) measures to implement the obligations in respect of international and regional treaties, conventions and agreements; (k) strategies to improve air quality and to give effect to best practice in air quality management; and (l) an indication of how the relevant lead agency shall give effect to its air quality management plan.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Content of air quality management plan”.

“The air quality management plan developed under regulation 23 shall contain (a) a coordination mechanism for air quality management in the affected area; (b) measures to identify the negative impact of poor air quality on human health and the environment;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (c) measures to reduce and address the impacts of emissions from industrial sources; (d) measures to reduce and address the impacts of air pollution in residential areas, public areas and other sensitive environments;
  2. (e) emission reduction targets; (f) measures for the monitoring and management of indoor air quality to meet the standards prescribed in Schedule 6 to these Regulations; (g) measures to reduce and address the impacts of emissions from point or non-point sources of air pollution other than those contemplated in paragraphs (c) and (d); (h) timelines and responsible entities for each measure identified in this regulation; (i) thresholds for control areas in accordance with regulation 28(2); (j) measures to implement the obligations in respect of international and regional treaties, conventions and agreements; (k) strategies to improve air quality and to give effect to best practice in air quality management; and (l) an indication of how the relevant lead agency shall give effect to its air quality management plan.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
25. Reporting on implementation of air quality management

plan A lead agency shall submit an annual air quality management report to the Authority including information on-

(a)

the status of air quality within its area of jurisdiction;

(b)

the air quality standards being focused on;

(c)

air quality management initiatives undertaken during the reporting period;

(d)

the level of compliance with the ambient air quality standards in Schedule 2 to these Regulations and the emission control requirements in Schedules 3, 4, 5 and 6 to these Regulations, as appropriate;

(e)

measures taken and activities implemented in response to air pollution incidents, including efforts to meet the emission reduction targets; (f) measures to ensure compliance with the air quality standards; (g) air quality monitoring activities; and (h) recommendations and lessons learned, if any.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Reporting on implementation of air quality management”.

“plan A lead agency shall submit an annual air quality management report to the Authority including information on-”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (a) the status of air quality within its area of jurisdiction;
  2. (b) the air quality standards being focused on;
  3. (c) air quality management initiatives undertaken during the reporting period;
  4. (d) the level of compliance with the ambient air quality standards in Schedule 2 to these Regulations and the emission control requirements in Schedules 3, 4, 5 and 6 to these Regulations, as appropriate;
  5. (e) measures taken and activities implemented in response to air pollution incidents, including efforts to meet the emission reduction targets; (f) measures to ensure compliance with the air quality standards; (g) air quality monitoring activities; and (h) recommendations and lessons learned, if any.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
26. Assessment of air quality
(1)

A relevant lead agency shall, in consultation with the Authority, assess the air quality within its jurisdiction to- (a) establish source contributions to concentrations of pollutants in the air; (b) forecast air concentrations of pollutants of concern, given a business as usual scenario; (c) identify emission reduction measures suited to reduce contributions from major sources and associated timeframes for implementation; (d) in regard to measures to reduce and maintain air quality within the limits prescribed in these Regulations- (i) assess the environmental and social benefits; (ii) determine the technical feasibility; (iii) evaluate the economic implications; and (iv) assess the legal applicability of those measures; (e) prioritise emission reduction measures on the basis of their environmental and social benefits, technical feasibility and economic viability;

(f)

determine the time required to reduce air pollutant concentrations to fall within the limits prescribed by these Regulations, taking into account the implementation of prioritised emission reduction measures; and (g) establish any other monitoring frameworks as may be deemed necessary.

(2)

For the purposes of subregulation (1), the lead agency shall-

(a)

install and maintain air quality monitoring equipment at pollution prone areas within its jurisdiction; and

(b)

develop air pollution inventories for point and non-point source emissions.

(3)

Where air quality monitoring equipment is installed in accordance with subregulation (2), the lead agency shall maintain the integrity of the equipment and ensure that- (a) there is a quality assurance and quality control mechanism associated with the use of the equipment;

(b)

the equipment is well calibrated and maintained; and

(c)

the emission source is kept operating during inspections.

(4)

An air quality assessment undertaken under this regulation shall take into account-

(a)

background information on the concentration of air pollutants not directly affected by local sources of pollution; (b) baseline air quality levels;

(c)

transboundary sources of air pollutants;

(d)

ambient air quality in protected areas, sensitive ecosystems, as well as cultural and natural heritage sites, as appropriate;

(e)

ambient air quality in settlements and industrial areas;

(f)

the extent of occupational exposure of workers; and

(g)

as appropriate, in-door exposure levels not necessarily covered under paragraphs (e) and (f).

(5)

The air quality assessments carried out under this regulation shall be used for the development of the air quality management plan under regulation 23.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Assessment of air quality”.

“(1) A relevant lead agency shall, in consultation with the Authority, assess the air quality within its jurisdiction to- (a) establish source contributions to concentrations of pollutants in the air; (b) forecast air concentrations of pollutants of concern, given a business as usual scenario; (c) identify emission reduction measures suited to reduce contributions from major sources and associated timeframes for implementation; (d) in regard to measures to reduce and maintain air quality within the limits…”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

16
  1. (1) A relevant lead agency shall, in consultation with the Authority, assess the air quality within its jurisdiction to- (a) establish source contributions to concentrations of pollutants in the air; (b) forecast air concentrations of pollutants of concern, given a business as usual scenario; (c) identify emission reduction measures suited to reduce contributions from major sources and associated timeframes for implementation; (d) in regard to measures to reduce and maintain air quality within the limits prescribed in these Regulations- (i) assess the environmental and social benefits; (ii) determine the technical feasibility; (iii) evaluate the economic implications; and (iv) assess the legal applicability of those measures; (e) prioritise emission reduction measures on the basis of their environmental and social benefits, technical feasibility and economic viability;
  2. (f) determine the time required to reduce air pollutant concentrations to fall within the limits prescribed by these Regulations, taking into account the implementation of prioritised emission reduction measures; and (g) establish any other monitoring frameworks as may be deemed necessary.
  3. (2) For the purposes of subregulation (1), the lead agency shall-
  4. (a) install and maintain air quality monitoring equipment at pollution prone areas within its jurisdiction; and
  5. (b) develop air pollution inventories for point and non-point source emissions.
  6. (3) Where air quality monitoring equipment is installed in accordance with subregulation (2), the lead agency shall maintain the integrity of the equipment and ensure that- (a) there is a quality assurance and quality control mechanism associated with the use of the equipment;
  7. (b) the equipment is well calibrated and maintained; and
  8. (c) the emission source is kept operating during inspections.

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
27. Classification of zones and air quality assessments
(1)

The Authority may, in collaboration with the relevant lead agency, classify the country into different air quality management zones for purposes of these Regulations.

(2)

The Authority shall review the classification of zones carried out in accordance with subregulation (1) annually, to assess whether the pollutant levels have changed in ambient air.

(3)

The assessment in subregulation (2) shall provide adequate information on the spatial and temporal distribution of the pollutants in ambient air.

(4)

The Authority shall, in consultation with the relevant lead agency and other stakeholders, establish sampling locations and install air quality monitoring and sampling equipment to enable the assessment in subregulation (2) to be undertaken.

(5)

The Authority may, in consultation with the relevant lead agencies and other stakeholders, establish sampling locations for particular pollutants for the purpose of assessing compliance with emission limit values, not limited to ambient air pollution sources.

(6)

For the purposes of this regulation, threshold assessments shall be undertaken in control areas set out under regulation 28(3).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Classification of zones and air quality assessments”.

“(1) The Authority may, in collaboration with the relevant lead agency, classify the country into different air quality management zones for purposes of these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The Authority may, in collaboration with the relevant lead agency, classify the country into different air quality management zones for purposes of these Regulations.
  2. (2) The Authority shall review the classification of zones carried out in accordance with subregulation (1) annually, to assess whether the pollutant levels have changed in ambient air.
  3. (3) The assessment in subregulation (2) shall provide adequate information on the spatial and temporal distribution of the pollutants in ambient air.
  4. (4) The Authority shall, in consultation with the relevant lead agency and other stakeholders, establish sampling locations and install air quality monitoring and sampling equipment to enable the assessment in subregulation (2) to be undertaken.
  5. (5) The Authority may, in consultation with the relevant lead agencies and other stakeholders, establish sampling locations for particular pollutants for the purpose of assessing compliance with emission limit values, not limited to ambient air pollution sources.
  6. (6) For the purposes of this regulation, threshold assessments shall be undertaken in control areas set out under regulation 28(3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
28. Threshold assessments for control areas
(1)

Without limiting the general effect of this Part, the Authority shall, in collaboration with the relevant lead agencies, undertake threshold assessments for control areas to ensure that the level of pollutants in ambient and in-door air quality are not exceeded, in compliance with Schedule 2 and Schedule 6 to these Regulations.

(2)

For the purposes of subregulation (1) and to minimise risk to human health arising from exposure to pollutants, the Authority and the relevant lead agencies shall, in accordance with management plans developed under regulation 23, establish thresholds of ambient and indoor air quality standards that shall not be exceeded in control areas.

(3)

For the purposes of these Regulations, control areas are- (a) residential areas; (b) hospitals; (c) universities, tertiary institutions, schools and other educational centres; (d) passenger carrying spaces and stations (terminals) of air, rail and road transport; (e) national parks, wildlife reserves and sanctuaries; (f) conservation areas; (g) central business districts; and (h) any other areas as may be determined by the Authority.

(4)

The Authority may, in collaboration with the relevant lead agency, periodically review the list of control areas set out in subregulation (3) where there are significant changes in the activities which may affect the levels of pollutants in ambient and indoor air.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Threshold assessments for control areas”.

“(1) Without limiting the general effect of this Part, the Authority shall, in collaboration with the relevant lead agencies, undertake threshold assessments for control areas to ensure that the level of pollutants in ambient and in-door air quality are not exceeded, in compliance with Schedule 2 and Schedule 6 to these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Without limiting the general effect of this Part, the Authority shall, in collaboration with the relevant lead agencies, undertake threshold assessments for control areas to ensure that the level of pollutants in ambient and in-door air quality are not exceeded, in compliance with Schedule 2 and Schedule 6 to these Regulations.
  2. (2) For the purposes of subregulation (1) and to minimise risk to human health arising from exposure to pollutants, the Authority and the relevant lead agencies shall, in accordance with management plans developed under regulation 23, establish thresholds of ambient and indoor air quality standards that shall not be exceeded in control areas.
  3. (3) For the purposes of these Regulations, control areas are- (a) residential areas; (b) hospitals; (c) universities, tertiary institutions, schools and other educational centres; (d) passenger carrying spaces and stations (terminals) of air, rail and road transport; (e) national parks, wildlife reserves and sanctuaries; (f) conservation areas; (g) central business districts; and (h) any other areas as may be determined by the Authority.
  4. (4) The Authority may, in collaboration with the relevant lead agency, periodically review the list of control areas set out in subregulation (3) where there are significant changes in the activities which may affect the levels of pollutants in ambient and indoor air.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
29. Short-term action plans
(1)

Where it is established during monitoring under regulation 22 that the air quality in an area exceeds the emission limits prescribed in the air quality standards, the Authority or the relevant lead agency may develop and implement a short-term action plan set out in Schedule 7 to these Regulations.

(2)

A short-term action plan developed under subregulation (1) shall set out the measures intended to reduce the pollution to a level below the emission limits prescribed in these Regulations, within a period specified by the Authority.

(3)

The measures referred to under subregulation (2) shall include- (a) the location of significant air pollution, including a map and geographical coordinates; (b) general information, including the type of geographical area, estimate of the polluted area and the number of people exposed to the pollution, relevant climatic data, data on topography and information on specific pollutants to be monitored in the area; (c) the responsible authorities; (d) the nature and assessment of pollution, including concentrations observed over previous years or measured since the beginning of the assessment and techniques used for the assessment; (e) the origin of the pollution, including a list of the main emission sources responsible for the pollution, the total quantity of emissions from the sources and information on pollution originating from other areas of Uganda or from transboundary sources; (f) an analysis of the status of pollution, including details of the factors responsible for the excess emissions beyond the prescribed limit or target value and details of appropriate measures for the improvement of air quality; (g) determination of the severity of the pollution in the areas of concern; (h) targets for emission reduction; (i) details of measures and strategies to reduce or control pollution and to improve air quality and the expected time required to attain the required targets; (j) details of the measures or projects planned or being researched on for long term management of air quality; and (k) any other information as the Authority may deem necessary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Short-term action plans”.

“(1) Where it is established during monitoring under regulation 22 that the air quality in an area exceeds the emission limits prescribed in the air quality standards, the Authority or the relevant lead agency may develop and implement a short-term action plan set out in Schedule 7 to these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where it is established during monitoring under regulation 22 that the air quality in an area exceeds the emission limits prescribed in the air quality standards, the Authority or the relevant lead agency may develop and implement a short-term action plan set out in Schedule 7 to these Regulations.
  2. (2) A short-term action plan developed under subregulation (1) shall set out the measures intended to reduce the pollution to a level below the emission limits prescribed in these Regulations, within a period specified by the Authority.
  3. (3) The measures referred to under subregulation (2) shall include- (a) the location of significant air pollution, including a map and geographical coordinates; (b) general information, including the type of geographical area, estimate of the polluted area and the number of people exposed to the pollution, relevant climatic data, data on topography and information on specific pollutants to be monitored in the area; (c) the responsible authorities; (d) the nature and assessment of pollution, including concentrations observed over previous years or measured since the beginning of the assessment and techniques used for the assessment; (e) the origin of the pollution, including a list of the main emission sources responsible for the pollution, the total quantity of emissions from the sources and information on pollution originating from other areas of Uganda or from transboundary sources; (f) an analysis of the status of pollution, including details of the factors responsible for the excess emissions beyond the prescribed limit or target value and details of appropriate measures for the improvement of air quality; (g) determination of the severity of the pollution in the areas of concern; (h) targets for emission reduction; (i) details of measures and strategies to reduce or control pollution and to improve air quality and the expected time required to attain the required targets; (j) details of the measures or projects planned or being researched on for long term management of air quality; and (k) any other information as the Authority may deem necessary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
30. Air quality awareness and information

The Authority shall, in collaboration with the relevant lead agency and other stakeholders (a) undertake air quality awareness programmes for the public; (b) provide and disseminate information to the public in respect the implementation of air quality management plans and short term action plans; and (c) undertake and support research in innovations, new technologies and emerging issues on air quality.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Air quality awareness and information”.

“The Authority shall, in collaboration with the relevant lead agency and other stakeholders (a) undertake air quality awareness programmes for the public; (b) provide and disseminate information to the public in respect the implementation of air quality management plans and short term action plans; and (c) undertake and support research in innovations, new technologies and emerging issues on air quality.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Authority shall, in collaboration with the relevant lead agency and other stakeholders (a) undertake air quality awareness programmes for the public; (b) provide and disseminate information to the public in respect the implementation of air quality management plans and short term action plans; and (c) undertake and support research in innovations, new technologies and emerging issues on air quality.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VII

31. Air quality compliance monitoring programme
(1)

An operator shall develop and implement an air quality compliance monitoring programme to ensure compliance with these Regulations.

(2)

An air quality compliance monitoring programme developed under subregulation (1) shall-

(a)

be based on an environmental risk assessment of the potential air pollution likely to arise from the operations of the facility and any hazards that the pollutants may present;

(b)

comprise the content referred to in regulation 22(2); and

(c)

include the implementation of appropriate measures required to effectively monitor, report and verify compliance with air quality standards.

(3)

For the purposes of developing an air quality compliance monitoring programme referred to in subregulation (1), an operator shall generate monitoring data indicating- (a) the type and source of air pollution; (b) emission concentrations from direct sources of pollution; (c) fence-line monitoring for specific ambient air quality levels; (d) emission control measures and technologies; (e) status of compliance to emission limits; and (f) any other monitoring information.

(4)

An operator shall install, calibrate, undertake performance testing, maintain and operate equipment or establish equivalent emission measuring systems for continuously monitoring and recording emission levels in accordance with these Regulations.

(5)

The air quality compliance monitoring programme developed under this regulation shall be for a duration of five years, and shall be updated for the subsequent monitoring cycle.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Air quality compliance monitoring programme”.

“(1) An operator shall develop and implement an air quality compliance monitoring programme to ensure compliance with these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) An operator shall develop and implement an air quality compliance monitoring programme to ensure compliance with these Regulations.
  2. (2) An air quality compliance monitoring programme developed under subregulation (1) shall-
  3. (a) be based on an environmental risk assessment of the potential air pollution likely to arise from the operations of the facility and any hazards that the pollutants may present;
  4. (b) comprise the content referred to in regulation 22(2); and
  5. (c) include the implementation of appropriate measures required to effectively monitor, report and verify compliance with air quality standards.
  6. (3) For the purposes of developing an air quality compliance monitoring programme referred to in subregulation (1), an operator shall generate monitoring data indicating- (a) the type and source of air pollution; (b) emission concentrations from direct sources of pollution; (c) fence-line monitoring for specific ambient air quality levels; (d) emission control measures and technologies; (e) status of compliance to emission limits; and (f) any other monitoring information.
  7. (4) An operator shall install, calibrate, undertake performance testing, maintain and operate equipment or establish equivalent emission measuring systems for continuously monitoring and recording emission levels in accordance with these Regulations.
  8. (5) The air quality compliance monitoring programme developed under this regulation shall be for a duration of five years, and shall be updated for the subsequent monitoring cycle.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
32. Facility air quality management plan
(1)

An operator shall develop a facility air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.

(2)

The facility air quality management plan developed under subregulation (1) shall form part of the air quality compliance monitoring programme referred to in regulation 31.

(3)

A facility air quality management plan shall contain- (a) measures to identify and reduce the negative impact of poor air quality on human health and the environment, including emission reduction strategies and best available control technologies; (b) measures for the monitoring and management of indoor air quality; (c) measures to address the impacts of emissions from any source of air pollution; (d) strategies to improve air quality and to give effect to best practice in air quality management, including by use of best available control technologies; and (e) an indication of how the management plan is to be implemented.

(4)

A facility air quality management plan developed under this regulation shall be reviewed and assessed for effectiveness at least once a year.

(5)

The facility air quality management plan shall be made available to the Authority and the relevant lead agency, upon request.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Facility air quality management plan”.

“(1) An operator shall develop a facility air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An operator shall develop a facility air quality management plan to ensure compliance with the relevant emission limits prescribed in these Regulations or a licence issued under these Regulations, within a specified timeframe.
  2. (2) The facility air quality management plan developed under subregulation (1) shall form part of the air quality compliance monitoring programme referred to in regulation 31.
  3. (3) A facility air quality management plan shall contain- (a) measures to identify and reduce the negative impact of poor air quality on human health and the environment, including emission reduction strategies and best available control technologies; (b) measures for the monitoring and management of indoor air quality; (c) measures to address the impacts of emissions from any source of air pollution; (d) strategies to improve air quality and to give effect to best practice in air quality management, including by use of best available control technologies; and (e) an indication of how the management plan is to be implemented.
  4. (4) A facility air quality management plan developed under this regulation shall be reviewed and assessed for effectiveness at least once a year.
  5. (5) The facility air quality management plan shall be made available to the Authority and the relevant lead agency, upon request.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
33. Air quality assessment by operators
(1)

The operator shall routinely assess the air quality in the facility of an operator to-

(a)

establish source contributions to concentrations of pollutants in the air; (b) identify emission reduction measures suited to reduce contributions from major sources and set associated timeframes for their implementation; (c) assess the environmental and social benefits of measures to reduce and maintain air quality within the limits prescribed by these Regulations; (d) prioritise emission reduction measures on the basis of their environmental and social benefits, technical feasibility and economic viability; and (e) determine the time required to reduce air pollutant concentrations to fall within the limits prescribed by these Regulations.

(2)

The facility air quality assessment shall be used for the development of the facility air quality management plan referred to in regulation 32 and shall be made available to the Authority and the relevant lead agency, upon request.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Air quality assessment by operators”.

“(1) The operator shall routinely assess the air quality in the facility of an operator to-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The operator shall routinely assess the air quality in the facility of an operator to-
  2. (a) establish source contributions to concentrations of pollutants in the air; (b) identify emission reduction measures suited to reduce contributions from major sources and set associated timeframes for their implementation; (c) assess the environmental and social benefits of measures to reduce and maintain air quality within the limits prescribed by these Regulations; (d) prioritise emission reduction measures on the basis of their environmental and social benefits, technical feasibility and economic viability; and (e) determine the time required to reduce air pollutant concentrations to fall within the limits prescribed by these Regulations.
  3. (2) The facility air quality assessment shall be used for the development of the facility air quality management plan referred to in regulation 32 and shall be made available to the Authority and the relevant lead agency, upon request.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
34. Compliance with emission thresholds
(1)

An operator shall comply with emission thresholds of the area where the facility is located in accordance with regulation 28(3), the air quality compliance monitoring programme developed under regulation 31 and the air quality standards set out in Schedule 3 to these Regulations.

(2)

Notwithstanding regulation 6(4), where the area referred to in subregulation (1) is highly polluted before the establishment of the facility, the Authority may require the operator to comply with additional measures aimed at limiting the contribution of the facility to the air pollution in that area.

(3)

Where an operator is required to comply with additional measures under subregulation (2), the operator shall submit to the Authority quarterly reports indicating compliance status.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Compliance with emission thresholds”.

“(1) An operator shall comply with emission thresholds of the area where the facility is located in accordance with regulation 28(3), the air quality compliance monitoring programme developed under regulation 31 and the air quality standards set out in Schedule 3 to these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An operator shall comply with emission thresholds of the area where the facility is located in accordance with regulation 28(3), the air quality compliance monitoring programme developed under regulation 31 and the air quality standards set out in Schedule 3 to these Regulations.
  2. (2) Notwithstanding regulation 6(4), where the area referred to in subregulation (1) is highly polluted before the establishment of the facility, the Authority may require the operator to comply with additional measures aimed at limiting the contribution of the facility to the air pollution in that area.
  3. (3) Where an operator is required to comply with additional measures under subregulation (2), the operator shall submit to the Authority quarterly reports indicating compliance status.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
35. Facility short term air quality action plan
(1)

An operator shall develop and implement a facility short term air quality action plan in the format set out in Schedule 7 to these Regulations where it is established, during monitoring under regulation 31, that the emissions to air from the facility exceed the emission limits prescribed by these Regulations or a licence issued under these Regulations.

(2)

The facility short term air quality action plan shall be made quarterly and set out in the corrective action plan required as part of an environmental compliance audit under the National Environment (Audit) Regulations, 2020.

(3)

Without prejudice to subregulation (2), the Authority may require an existing facility or project to develop an air quality short term action plan as part of the environmental compliance agreement made under the National Environment (Audit) Regulations, 2020.

(4)

Notwithstanding subregulations (2) and (3), the facility short term air quality action plan developed under this regulation shall be made available to the Authority and the relevant lead agency, upon request.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Facility short term air quality action plan”.

“(1) An operator shall develop and implement a facility short term air quality action plan in the format set out in Schedule 7 to these Regulations where it is established, during monitoring under regulation 31, that the emissions to air from the facility exceed the emission limits prescribed by these Regulations or a licence issued under these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An operator shall develop and implement a facility short term air quality action plan in the format set out in Schedule 7 to these Regulations where it is established, during monitoring under regulation 31, that the emissions to air from the facility exceed the emission limits prescribed by these Regulations or a licence issued under these Regulations.
  2. (2) The facility short term air quality action plan shall be made quarterly and set out in the corrective action plan required as part of an environmental compliance audit under the National Environment (Audit) Regulations, 2020.
  3. (3) Without prejudice to subregulation (2), the Authority may require an existing facility or project to develop an air quality short term action plan as part of the environmental compliance agreement made under the National Environment (Audit) Regulations, 2020.
  4. (4) Notwithstanding subregulations (2) and (3), the facility short term air quality action plan developed under this regulation shall be made available to the Authority and the relevant lead agency, upon request.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
36. Emission testing and analysis
(1)

The Authority or the relevant lead agency may require an operator to undertake emission tests in the facility of the operator and to provide appropriate sampling platforms.

(2)

An operator shall ensure that any analysis of air pollutants under these Regulations is carried out in accordance with national standards or internationally recognised test methods.

(3)

The analysis referred to in subregulation (2) shall be carried out by a laboratory designated or accredited under section 124 of the Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Emission testing and analysis”.

“(1) The Authority or the relevant lead agency may require an operator to undertake emission tests in the facility of the operator and to provide appropriate sampling platforms.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Authority or the relevant lead agency may require an operator to undertake emission tests in the facility of the operator and to provide appropriate sampling platforms.
  2. (2) An operator shall ensure that any analysis of air pollutants under these Regulations is carried out in accordance with national standards or internationally recognised test methods.
  3. (3) The analysis referred to in subregulation (2) shall be carried out by a laboratory designated or accredited under section 124 of the Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
37. Annual emissions compliance report
(1)

An operator shall submit an annual emissions compliance report to the Authority and the relevant lead agency within two months after the end of every calendar year, in the format set out in Schedule 8 to these Regulations.

(2)

The annual emissions compliance report shall include air quality monitoring records and action plans and shall contain- (a) the status of the ambient air quality and indoor air quality within the facility;

(b)

the emission sources;

(c)

the emission data for the relevant calendar year;

(d)

the initiatives for management of emissions undertaken during the reporting period;

(e)

the level of compliance with the air quality standards;

(f)

the air quality monitoring activities; and

(g)

any other information the Authority may deem necessary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Annual emissions compliance report”.

“(1) An operator shall submit an annual emissions compliance report to the Authority and the relevant lead agency within two months after the end of every calendar year, in the format set out in Schedule 8 to these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) An operator shall submit an annual emissions compliance report to the Authority and the relevant lead agency within two months after the end of every calendar year, in the format set out in Schedule 8 to these Regulations.
  2. (2) The annual emissions compliance report shall include air quality monitoring records and action plans and shall contain- (a) the status of the ambient air quality and indoor air quality within the facility;
  3. (b) the emission sources;
  4. (c) the emission data for the relevant calendar year;
  5. (d) the initiatives for management of emissions undertaken during the reporting period;
  6. (e) the level of compliance with the air quality standards;
  7. (f) the air quality monitoring activities; and
  8. (g) any other information the Authority may deem necessary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
38. Incident report

An operator shall report to the Authority and the relevant lead agency any event resulting in excess emission (a) by giving notice of the event within twenty-four hours after the occurrence of the event; and

(b)

by 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 prevent future occurrence of the event.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Incident report”.

“An operator shall report to the Authority and the relevant lead agency any event resulting in excess emission (a) by giving notice of the event within twenty-four hours after the occurrence of the event; and”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) by 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 prevent future occurrence of the event.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
39. Greenhouse and ozone depleting gases
(1)

An operator likely to emit greenhouse gases or ozone depleting gases shall put in place measures for the control of those gases, in accordance with the Act, the National Climate Change Act, 2021, the National Environment (Management of Ozone Depleting Substances and Products) Regulations, 2020, these Regulations and other written law.

(2)

The measures referred to in subregulation (1) shall include- (a) the adoption of new and appropriate technologies; (b) re-design of facilities; (c) routine monitoring of gases emitted by the facility; (d) keeping a record of the monitoring information referred to in paragraph (c) in accordance with regulation 40; and (e) any other measures relevant to ensuring compliance with nationally determined contributions under the National Climate Change Act, 2021.

(3)

The monitoring of greenhouses gases and ozone depleting gases emitted shall be documented in the annual emissions compliance report referred to in regulation 37(1).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Greenhouse and ozone depleting gases”.

“(1) An operator likely to emit greenhouse gases or ozone depleting gases shall put in place measures for the control of those gases, in accordance with the Act, the National Climate Change Act, 2021, the National Environment (Management of Ozone Depleting Substances and Products) Regulations, 2020, these Regulations and other written law.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An operator likely to emit greenhouse gases or ozone depleting gases shall put in place measures for the control of those gases, in accordance with the Act, the National Climate Change Act, 2021, the National Environment (Management of Ozone Depleting Substances and Products) Regulations, 2020, these Regulations and other written law.
  2. (2) The measures referred to in subregulation (1) shall include- (a) the adoption of new and appropriate technologies; (b) re-design of facilities; (c) routine monitoring of gases emitted by the facility; (d) keeping a record of the monitoring information referred to in paragraph (c) in accordance with regulation 40; and (e) any other measures relevant to ensuring compliance with nationally determined contributions under the National Climate Change Act, 2021.
  3. (3) The monitoring of greenhouses gases and ozone depleting gases emitted shall be documented in the annual emissions compliance report referred to in regulation 37(1).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
40. Duty to keep records
(1)

An operator shall keep records required under this Part.

(2)

The records referred to in subregulation (1) include- (a) the nature and type of technologies and practices at the facility;

(b)

the operations, including assessment and monitoring records of air pollutants relevant for the operations or activities; (c) incident reports and measures taken; (d) records on indoor and ambient air quality; and (e) any other information the Authority as may deem necessary.

(3)

An operator shall keep the records referred to in this regulation for a period of seven years or such greater period as may be prescribed by the Authority.

(4)

The records kept under subregulation (1), including electronic records, shall be made available to the Authority or an authorised officer, upon request.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Duty to keep records”.

“(1) An operator shall keep records required under this Part.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An operator shall keep records required under this Part.
  2. (2) The records referred to in subregulation (1) include- (a) the nature and type of technologies and practices at the facility;
  3. (b) the operations, including assessment and monitoring records of air pollutants relevant for the operations or activities; (c) incident reports and measures taken; (d) records on indoor and ambient air quality; and (e) any other information the Authority as may deem necessary.
  4. (3) An operator shall keep the records referred to in this regulation for a period of seven years or such greater period as may be prescribed by the Authority.
  5. (4) The records kept under subregulation (1), including electronic records, shall be made available to the Authority or an authorised officer, upon request.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VIII

41. Liability of polluter

A person who pollutes the air contrary to the Act, these Regulations and any other written law is strictly liable for any damage caused to human health or to the environment, regardless of fault

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Liability of polluter”.

“A person who pollutes the air contrary to the Act, these Regulations and any other written law is strictly liable for any damage caused to human health or to the environment, regardless of fault”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Liability of polluter”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
42. Application for air pollution control licence
(1)

An operator shall not, from any point source, cause emission of any pollutant in excess of the air quality standards prescribed in these Regulations without an air pollution control licence issued in accordance with the Act and these Regulations.

(2)

An application for a pollution control licence shall be made to the Authority in Form 1 set out in Schedule 9 and on payment of the fee prescribed in Schedule 10 to these Regulations.

(3)

An application under subregulation (2) shall-

(a)

contain general information regarding- (i) the legal status of the applicant; and (ii) a description of the technical competence and experience of the applicant, including the personnel; (b) demonstrate that all reasonably practicable and appropriate measures to control emissions within acceptable limits have been taken, to no avail; (c) contain a description of the best available technologies and equipment to be acquired, including any modifications in the technology required; (d) contain a description of the emitting equipment, including- (i) the emission levels at start-up of equipment, maintenance and shut-down of equipment; (ii) the emission levels expected during normal operations; (iii) the nature and concentrations of emissions; and (iv) the maximum allowable pollutant concentrations by law; (e) contain a description of best environmental practices to be used at the facility or operations; (f) contain a compliance plan indicating the proposed activities and the schedule for bringing the facility into compliance where- (i) the expected emissions from the facility are likely to exceed the applicable emission standards; (ii) dispersion modelling is done for any expected emissions from the facility, and the emissions are found to be likely to exceed the ambient air quality standard; or

(iii)

the expected ambient air quality measurements at required monitoring locations exceed an air quality standard prescribed in Schedule 2 to these Regulations; (g) state the emission control equipment in place; and (h) state whether the operator has an air quality compliance monitoring programme and the status of compliance with the programme.

(4)

An application under subregulation (2) shall be accompanied by- (a) a certificate of approval of environmental and social impact assessment, where applicable; (b) a brief description of the facility, its location, the processes or activities undertaken and a site layout plan, where applicable; (c) recent records of the emissions released from the facility, where applicable; and (d) any other information that the Authority may deem necessary.

(5)

The Authority may, having regard to the nature of the facility and the air pollution likely to result from that facility, request the applicant to submit an environmental compliance audit conducted in accordance with the Act and the National Environment (Audit) Regulations, 2020.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for air pollution control licence” applies.

“(1) An operator shall not, from any point source, cause emission of any pollutant in excess of the air quality standards prescribed in these Regulations without an air pollution control licence issued in accordance with the Act and these Regulations.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) An operator shall not, from any point source, cause emission of any pollutant in excess of the air quality standards prescribed in these Regulations without an air pollution control licence issued in accordance with the Act and these Regulations.
  2. (2) An application for a pollution control licence shall be made to the Authority in Form 1 set out in Schedule 9 and on payment of the fee prescribed in Schedule 10 to these Regulations.
  3. (3) An application under subregulation (2) shall-
  4. (a) contain general information regarding- (i) the legal status of the applicant; and (ii) a description of the technical competence and experience of the applicant, including the personnel; (b) demonstrate that all reasonably practicable and appropriate measures to control emissions within acceptable limits have been taken, to no avail; (c) contain a description of the best available technologies and equipment to be acquired, including any modifications in the technology required; (d) contain a description of the emitting equipment, including- (i) the emission levels at start-up of equipment, maintenance and shut-down of equipment; (ii) the emission levels expected during normal operations; (iii) the nature and concentrations of emissions; and (iv) the maximum allowable pollutant concentrations by law; (e) contain a description of best environmental practices to be used at the facility or operations; (f) contain a compliance plan indicating the proposed activities and the schedule for bringing the facility into compliance where- (i) the expected emissions from the facility are likely to exceed the applicable emission standards; (ii) dispersion modelling is done for any expected emissions from the facility, and the emissions are found to be likely to exceed the ambient air quality standard; or
  5. (iii) the expected ambient air quality measurements at required monitoring locations exceed an air quality standard prescribed in Schedule 2 to these Regulations; (g) state the emission control equipment in place; and (h) state whether the operator has an air quality compliance monitoring programme and the status of compliance with the programme.
  6. (4) An application under subregulation (2) shall be accompanied by- (a) a certificate of approval of environmental and social impact assessment, where applicable; (b) a brief description of the facility, its location, the processes or activities undertaken and a site layout plan, where applicable; (c) recent records of the emissions released from the facility, where applicable; and (d) any other information that the Authority may deem necessary.
  7. (5) The Authority may, having regard to the nature of the facility and the air pollution likely to result from that facility, request the applicant to submit an environmental compliance audit conducted in accordance with the Act and the National Environment (Audit) Regulations, 2020.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
43. Preliminary review by Authority
(1)

On receipt of an application under regulation 42, the Authority shall undertake a preliminary review of the application to determine whether the applicant has taken all reasonably practicable and appropriate measures to control emissions within the acceptable limits without success.

(2)

Where, after the preliminary review referred to in subregulation (1), the Authority is not satisfied that the applicant took all reasonable practicable and appropriate measures to control emissions within acceptable limits, the application shall be rejected and the applicant notified in writing, stating the reasons for the rejection.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Preliminary review by Authority”.

“(1) On receipt of an application under regulation 42, the Authority shall undertake a preliminary review of the application to determine whether the applicant has taken all reasonably practicable and appropriate measures to control emissions within the acceptable limits without success.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) On receipt of an application under regulation 42, the Authority shall undertake a preliminary review of the application to determine whether the applicant has taken all reasonably practicable and appropriate measures to control emissions within the acceptable limits without success.
  2. (2) Where, after the preliminary review referred to in subregulation (1), the Authority is not satisfied that the applicant took all reasonable practicable and appropriate measures to control emissions within acceptable limits, the application shall be rejected and the applicant notified in writing, stating the reasons for the rejection.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
44. Consultations
(1)

Where an application has been reviewed and accepted under regulation 43(1), the Authority may consult the relevant lead agencies or persons likely to be affected by the proposed activity before making a decision on the application.

(2)

The lead agency or other person consulted under subregulation (1) shall review the application and submit to the Authority comments and recommendations on the application within fourteen days of receipt of the application.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Consultations”.

“(1) Where an application has been reviewed and accepted under regulation 43(1), the Authority may consult the relevant lead agencies or persons likely to be affected by the proposed activity before making a decision on the application.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Where an application has been reviewed and accepted under regulation 43(1), the Authority may consult the relevant lead agencies or persons likely to be affected by the proposed activity before making a decision on the application.
  2. (2) The lead agency or other person consulted under subregulation (1) shall review the application and submit to the Authority comments and recommendations on the application within fourteen days of receipt of the application.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
45. Consideration of application
(1)

The Authority shall consider the comments received under regulation 44(2) and may- (a) require the technical committee on pollution control established under section 21 of the Act to conduct inspections necessary to enable the Authority to make an informed decision regarding- (i) the sufficiency of systems in place for the control of air pollution; (ii) the availability of adequate and appropriate facilities and equipment to control air pollution; (iii) measures for the protection of human health and the environment; (iv) any other specific measure that may be deemed necessary; and

(b)

ensure that the applicant has in place an air quality compliance monitoring programme at the facility.

(2)

The Authority may, before granting or rejecting an application, request the applicant to furnish further information, including information relating to the facility, activity or technology at the facility.

(3)

The request under subregulation (2) shall be made in writing, prescribing a reasonable timeframe for response by the operator.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Consideration of application” applies.

“(1) The Authority shall consider the comments received under regulation 44(2) and may- (a) require the technical committee on pollution control established under section 21 of the Act to conduct inspections necessary to enable the Authority to make an informed decision regarding- (i) the sufficiency of systems in place for the control of air pollution; (ii) the availability of adequate and appropriate facilities and equipment to control air pollution; (iii) measures for the protection of human health and the…”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The Authority shall consider the comments received under regulation 44(2) and may- (a) require the technical committee on pollution control established under section 21 of the Act to conduct inspections necessary to enable the Authority to make an informed decision regarding- (i) the sufficiency of systems in place for the control of air pollution; (ii) the availability of adequate and appropriate facilities and equipment to control air pollution; (iii) measures for the protection of human health and the environment; (iv) any other specific measure that may be deemed necessary; and
  2. (b) ensure that the applicant has in place an air quality compliance monitoring programme at the facility.
  3. (2) The Authority may, before granting or rejecting an application, request the applicant to furnish further information, including information relating to the facility, activity or technology at the facility.
  4. (3) The request under subregulation (2) shall be made in writing, prescribing a reasonable timeframe for response by the operator.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
46. Decision on application
(1)

An application for an air pollution control licence shall be processed expeditiously, but in any case not later than forty-five days from the date of receipt of a complete application.

(2)

The Authority shall, before granting a licence under this regulation, verify that the applicant has taken all possible measures to comply with the Act, these Regulations, any other written law and environmental standards. (3) Where the Authority grants the application, it shall issue a licence in Form 2 set out in Schedule 9 to these Regulations.

(4)

Where the Authority rejects an application for an air pollution licence, it shall state, in writing, its reasons for doing so.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Decision on application” applies.

“(1) An application for an air pollution control licence shall be processed expeditiously, but in any case not later than forty-five days from the date of receipt of a complete application.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An application for an air pollution control licence shall be processed expeditiously, but in any case not later than forty-five days from the date of receipt of a complete application.
  2. (2) The Authority shall, before granting a licence under this regulation, verify that the applicant has taken all possible measures to comply with the Act, these Regulations, any other written law and environmental standards. (3) Where the Authority grants the application, it shall issue a licence in Form 2 set out in Schedule 9 to these Regulations.
  3. (4) Where the Authority rejects an application for an air pollution licence, it shall state, in writing, its reasons for doing so.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
47. Conditions in licence

The Authority may, in granting a licence under regulation 46, impose conditions, including requirements relating to (a) compliance with the Act, these Regulations, the National Environment (Audit) Regulations, 2020, any other written law and environmental standards; (b) performance standards to which the facility is subject, including the application of best available techniques, best

available technologies and best environmental practices which- (i) require adoption of the most effective, advanced and practically suitable methods of operation; and (ii) balance the cost to the operator with benefits to human health and the environment; (c) permitted emission limits applicable to the facility; (d) alert systems that warn where the permitted emission limits are being exceeded; (e) pollution abatement and risk reduction; (f) air quality compliance monitoring programmes and air quality management plans;

(g)

additional measures for the protection of human health and the environment; and (h) any other measures as the Authority may deem necessary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Conditions in licence”.

“The Authority may, in granting a licence under regulation 46, impose conditions, including requirements relating to (a) compliance with the Act, these Regulations, the National Environment (Audit) Regulations, 2020, any other written law and environmental standards; (b) performance standards to which the facility is subject, including the application of best available techniques, best”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (g) additional measures for the protection of human health and the environment; and (h) any other measures as the Authority may deem necessary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
48. Duration of licence An air pollution

control licence shall be valid for a period not exceeding one year

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Duration of licence An air pollution”.

“control licence shall be valid for a period not exceeding one year”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. control licence shall be valid for a period not exceeding one year
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
49. Variation, suspension or revocation of licence
(1)

The Authority may vary, suspend or revoke a licence issued under regulation 46. (2) The reasons for variation of the licence under subregulation (1) include- (a) to prevent deterioration or further deterioration of the air quality; (b) to comply with any written law and environmental standards, including appropriate safeguards;

(c)

to cater for previously unforeseen circumstances that impact on human health or the environment; or

(d)

for any other reason the Authority may consider relevant.

(3)

Where the variation relates to substantive matters referred to in subregulation (2), the Authority may require the operator- (a) to halt project activities until the variation has been made and an updated air pollution control licence is granted; (b) to conduct such investigations and assessments as the Authority may direct and to submit to the Authority reports with any comments on those reports from interested and affected parties; and (c) to consult the relevant lead agency in accordance with regulation 44.

(4)

Where the variation is at the initiative of the Authority, the Authority shall- (a) notify the operator in writing, of the proposed variation; (b) give the operator an opportunity to comment on the proposed variation in writing within the timeframe indicated in the notification under paragraph (a); and (c) where necessary, consult the relevant lead agency in accordance with regulation 44 and accord it the opportunity to submit to the Authority written comments on the proposed variation.

(5)

The Authority shall, within twenty one days of completing the process contemplated for substantive variations in subregulation (2)- (a) vary or decline to vary the licence; and (b) notify the operator and other interested or affected parties, if any, of the decision and the reasons for the decision.

(6)

Where the Authority varies a licence, the variation shall be without prejudice to any liabilities or obligations which may have accrued to the operator before the variation was effected. (7) The Authority may suspend or revoke a licence where- (a) information or data given by the operator in the application or during consultations was false, substantially incorrect or intended to mislead; (a) information related to the conduct of the operator which could have precluded the approval of the application had it been available to the Authority, is brought to the attention of the Authority; (b) there is non-compliance with the Act, these Regulations or the conditions of a licence; (c) it is necessary to protect human health or to prevent harm or further harm to the environment, due to a situation that was not foreseen during the grant of the licence; or (d) there is a substantial change or modification of the process or technology, the basis on which the licence was granted, which may lead to adverse environmental impacts or endanger human health or undermine safety.

(8)

Where the Authority intends to suspend or revoke a licence, it shall- (a) notify the operator of the intention at least fourteen days before the decision; and (b) inform the operator of their right to show cause why the licence should not be suspended or revoked.

(9)

An operator given notice under subregulation (8) shall give a written response to the Authority within seven days from the date of receipt of the notice, stating reasons why the licence should not be suspended or revoked.

(10)

The Authority may, after the expiration of the period specified in subregulation (9), suspend or revoke the licence where-

(a)

it is not satisfied with the reasons given by the operator; or

(b)

it has not received a response from the operator.

(11)

Notwithstanding subregulation (9), the Authority may, depending on the gravity of the matter, suspend or revoke a licence granted under these Regulations without notice and immediately stop the operations of the operator.

(12)

Where a licence is suspended or revoked under subregulation (10) or (11), the operator shall stop further operations and undertake remedial measures necessary for compliance with the requirements of the Act, these Regulations and other written law.

(13)

Where a licence has been suspended and the operator has undertaken remedial measures under subregulation (12) to the satisfaction of the Authority, the operator may apply to the Authority for reconsideration.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Variation, suspension or revocation of licence”.

“(1) The Authority may vary, suspend or revoke a licence issued under regulation 46. (2) The reasons for variation of the licence under subregulation (1) include- (a) to prevent deterioration or further deterioration of the air quality; (b) to comply with any written law and environmental standards, including appropriate safeguards;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

15
  1. (1) The Authority may vary, suspend or revoke a licence issued under regulation 46. (2) The reasons for variation of the licence under subregulation (1) include- (a) to prevent deterioration or further deterioration of the air quality; (b) to comply with any written law and environmental standards, including appropriate safeguards;
  2. (c) to cater for previously unforeseen circumstances that impact on human health or the environment; or
  3. (d) for any other reason the Authority may consider relevant.
  4. (3) Where the variation relates to substantive matters referred to in subregulation (2), the Authority may require the operator- (a) to halt project activities until the variation has been made and an updated air pollution control licence is granted; (b) to conduct such investigations and assessments as the Authority may direct and to submit to the Authority reports with any comments on those reports from interested and affected parties; and (c) to consult the relevant lead agency in accordance with regulation 44.
  5. (4) Where the variation is at the initiative of the Authority, the Authority shall- (a) notify the operator in writing, of the proposed variation; (b) give the operator an opportunity to comment on the proposed variation in writing within the timeframe indicated in the notification under paragraph (a); and (c) where necessary, consult the relevant lead agency in accordance with regulation 44 and accord it the opportunity to submit to the Authority written comments on the proposed variation.
  6. (5) The Authority shall, within twenty one days of completing the process contemplated for substantive variations in subregulation (2)- (a) vary or decline to vary the licence; and (b) notify the operator and other interested or affected parties, if any, of the decision and the reasons for the decision.
  7. (6) Where the Authority varies a licence, the variation shall be without prejudice to any liabilities or obligations which may have accrued to the operator before the variation was effected. (7) The Authority may suspend or revoke a licence where- (a) information or data given by the operator in the application or during consultations was false, substantially incorrect or intended to mislead; (a) information related to the conduct of the operator which could have precluded the approval of the application had it been available to the Authority, is brought to the attention of the Authority; (b) there is non-compliance with the Act, these Regulations or the conditions of a licence; (c) it is necessary to protect human health or to prevent harm or further harm to the environment, due to a situation that was not foreseen during the grant of the licence; or (d) there is a substantial change or modification of the process or technology, the basis on which the licence was granted, which may lead to adverse environmental impacts or endanger human health or undermine safety.
  8. (8) Where the Authority intends to suspend or revoke a licence, it shall- (a) notify the operator of the intention at least fourteen days before the decision; and (b) inform the operator of their right to show cause why the licence should not be suspended or revoked.

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
50. Renewal of licence
(1)

A person granted a licence under these Regulations may apply to the Authority for renewal of the licence, at least sixty days before the expiration of the licence.

(2)

An application under subregulation (1) shall be in Form 1 set out in Schedule 9 to these Regulations and subject to payment of the fee prescribed in Schedule 10 to these Regulations.

(3)

The applicant shall, for the purposes of the renewal of a licence demonstrate- (a) that during the subsistence of the licence, measures were taken to bring the emissions within acceptable limits, but more time and resources are needed;

(b)

the adequacy of existing monitoring data for air quality; (c) how the monitoring data relates to past, present and future facility operating conditions; (d) the functionality of the air quality compliance monitoring programme and air quality management plans in place; and (e) the effectiveness of proposed interventions towards achieving continuous improvement.

(4)

The application under subregulation (1) shall be accompanied by- (a) a copy of the current licence; (b) evidence of compliance with the conditions of the licence to be renewed, including, where applicable, the most recent environmental compliance audit report; (c) a copy of the most recent annual emissions compliance report referred to in regulation 37(1); and (d) any other information required by the Authority.

(5)

The Authority shall process the application for renewal in accordance with this Part.

(6)

The Authority may, in renewing a licence under this regulation, impose any of the conditions specified in regulation 47.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Renewal of licence”.

“(1) A person granted a licence under these Regulations may apply to the Authority for renewal of the licence, at least sixty days before the expiration of the licence.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A person granted a licence under these Regulations may apply to the Authority for renewal of the licence, at least sixty days before the expiration of the licence.
  2. (2) An application under subregulation (1) shall be in Form 1 set out in Schedule 9 to these Regulations and subject to payment of the fee prescribed in Schedule 10 to these Regulations.
  3. (3) The applicant shall, for the purposes of the renewal of a licence demonstrate- (a) that during the subsistence of the licence, measures were taken to bring the emissions within acceptable limits, but more time and resources are needed;
  4. (b) the adequacy of existing monitoring data for air quality; (c) how the monitoring data relates to past, present and future facility operating conditions; (d) the functionality of the air quality compliance monitoring programme and air quality management plans in place; and (e) the effectiveness of proposed interventions towards achieving continuous improvement.
  5. (4) The application under subregulation (1) shall be accompanied by- (a) a copy of the current licence; (b) evidence of compliance with the conditions of the licence to be renewed, including, where applicable, the most recent environmental compliance audit report; (c) a copy of the most recent annual emissions compliance report referred to in regulation 37(1); and (d) any other information required by the Authority.
  6. (5) The Authority shall process the application for renewal in accordance with this Part.
  7. (6) The Authority may, in renewing a licence under this regulation, impose any of the conditions specified in regulation 47.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
51. Transfer of facility ownership
(1)

Where the operator wishes to transfer a facility, the operator shall, at least ninety days before the date of the proposed transfer- (a) notify the Authority in writing of the intention to transfer the facility; and (b) require the transferee to apply to the Authority for a licence in accordance with these Regulations.

(2)

Where the operator has not processed the transfer in accordance with subregulation (1), the transferee shall obtain the information of the operator and notify the Authority of the transfer.

(3)

The transferee referred to under subregulation (2) shall apply to the Authority for a licence to control air pollution in accordance with these Regulations.

(4)

The application under subregulation (3) shall, in addition to the requirements of regulation 42-

(a)

state the name and address of the transferee;

(b)

state the technical and financial capacity of the transferee to carry on with control of air pollution;

(c)

state that the transferee shall be responsible for all the liabilities of the facility;

(d)

include a resolution of the company and a certified copy of a certificate of incorporation or registration; and

(e)

contain any other information as the Authority may deem necessary.

(5)

The Authority may, in accordance with these Regulations, approve the application under this regulation.

(6)

Where the Authority makes a decision to issue a licence, it shall cancel or withdraw the licence issued to the transferor.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Transfer of facility ownership”.

“(1) Where the operator wishes to transfer a facility, the operator shall, at least ninety days before the date of the proposed transfer- (a) notify the Authority in writing of the intention to transfer the facility; and (b) require the transferee to apply to the Authority for a licence in accordance with these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

11
  1. (1) Where the operator wishes to transfer a facility, the operator shall, at least ninety days before the date of the proposed transfer- (a) notify the Authority in writing of the intention to transfer the facility; and (b) require the transferee to apply to the Authority for a licence in accordance with these Regulations.
  2. (2) Where the operator has not processed the transfer in accordance with subregulation (1), the transferee shall obtain the information of the operator and notify the Authority of the transfer.
  3. (3) The transferee referred to under subregulation (2) shall apply to the Authority for a licence to control air pollution in accordance with these Regulations.
  4. (4) The application under subregulation (3) shall, in addition to the requirements of regulation 42-
  5. (a) state the name and address of the transferee;
  6. (b) state the technical and financial capacity of the transferee to carry on with control of air pollution;
  7. (c) state that the transferee shall be responsible for all the liabilities of the facility;
  8. (d) include a resolution of the company and a certified copy of a certificate of incorporation or registration; and

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IX

52. Database of licences
(1)

The Authority shall maintain a database of licences issued under these Regulations.

(2)

The database referred to in subregulation (1) shall include the particulars of the facility, details of the air pollution control licence and a record of monitoring reports, including annual emissions compliance reports.

(3)

Subject to the Constitution, the Access to Information Act, 2005 and any other written law, the database maintained under subregulation (1) may be made accessible to the public upon request and payment of the fee prescribed in Schedule 10 to these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Database of licences”.

“(1) The Authority shall maintain a database of licences issued under these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Authority shall maintain a database of licences issued under these Regulations.
  2. (2) The database referred to in subregulation (1) shall include the particulars of the facility, details of the air pollution control licence and a record of monitoring reports, including annual emissions compliance reports.
  3. (3) Subject to the Constitution, the Access to Information Act, 2005 and any other written law, the database maintained under subregulation (1) may be made accessible to the public upon request and payment of the fee prescribed in Schedule 10 to these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
53. Inspection and monitoring

The Authority, an occupational hygienist, environmental inspector or an authorised officer may conduct regular inspections and monitoring of a facility or other area to (a) enforce compliance by the operator of the facility or any other person with the Act, these Regulations, the Occupational Safety and Health Act, 2006, other relevant law and environmental standards; (b) ascertain that appropriate measures are in place for the avoidance or minimisation of air pollution; (c) ensure that the information contained in reports and other documents submitted or availed to the Authority or relevant lead agency by the operator reflects the performance of the facility; (d) assess the quality of air, including by inspecting air pollution control log-frames and technologies at the facility; (e) review compliance with licences and facility air quality management plans; and (f) perform such other tasks as may be necessary to bring the facility into compliance with these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Inspection and monitoring”.

“The Authority, an occupational hygienist, environmental inspector or an authorised officer may conduct regular inspections and monitoring of a facility or other area to (a) enforce compliance by the operator of the facility or any other person with the Act, these Regulations, the Occupational Safety and Health Act, 2006, other relevant law and environmental standards; (b) ascertain that appropriate measures are in place for the avoidance or minimisation of air pollution; (c) ensure that the information contained…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Authority, an occupational hygienist, environmental inspector or an authorised officer may conduct regular inspections and monitoring of a facility or other area to (a) enforce compliance by the operator of the facility or any other person with the Act, these Regulations, the Occupational Safety and Health Act, 2006, other relevant law and environmental standards; (b) ascertain that appropriate measures are in place for the avoidance or minimisation of air pollution; (c) ensure that the information contained in reports and other documents submitted or availed to the Authority or relevant lead agency by the operator reflects the performance of the facility; (d) assess the quality of air, including by inspecting air pollution control log-frames and technologies at the facility; (e) review compliance with licences and facility air quality management plans; and (f) perform such other tasks as may be necessary to bring the facility into compliance with these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
54. Improvement notice
(1)

An environmental inspector may, in accordance with section 135 of the Act, issue an improvement notice to an operator whose activities or operations are causing or a likely to cause air emissions in excess of the limits provided for by these Regulations.

(2)

An improvement notice shall- (a) specify the breach in respect of which it is issued; (b) specify the measures to be taken to ameliorate the situation; (c) specify the timelines within which the measures in paragraph (b) shall be undertaken; and (d) where appropriate, require the immediate cessation of the breach.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Improvement notice”.

“(1) An environmental inspector may, in accordance with section 135 of the Act, issue an improvement notice to an operator whose activities or operations are causing or a likely to cause air emissions in excess of the limits provided for by these Regulations.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An environmental inspector may, in accordance with section 135 of the Act, issue an improvement notice to an operator whose activities or operations are causing or a likely to cause air emissions in excess of the limits provided for by these Regulations.
  2. (2) An improvement notice shall- (a) specify the breach in respect of which it is issued; (b) specify the measures to be taken to ameliorate the situation; (c) specify the timelines within which the measures in paragraph (b) shall be undertaken; and (d) where appropriate, require the immediate cessation of the breach.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
55. Administrative measures
(1)

Without prejudice to any penalty imposed by a competent court under these Regulations, the Authority, a relevant lead agency, an occupational hygienist or an authorised officer may- (a) give a written warning to the operator of a vessel; (b) enter upon any premises or facility to conduct a search and to determine whether any equipment or technologies emit air pollutants beyond permissible levels or in contravention of the conditions of a licence issued under these Regulations; (c) carry out such inspections as may be necessary to ensure that the emission source is brought to compliance with these Regulations, including stopping and inspecting any vessel used for transport; (d) order an operator or vessel to immediately suspend or terminate an activity where there is an acute risk of harm to human health or the environment;

(e)

seize any property, vessel, equipment, substance, technology or other thing which has been used or is being used in contravention of the Act or these Regulations; (f) close a facility or order the grounding of any vessel which is in contravention of the Act or these Regulations; (g) order the operator or vessel to adopt appropriate technologies to install appropriate equipment; (h) order the operator or vessel to undertake air quality compliance monitoring and to put in place control measures as the Authority may direct; (i) cause a police officer to arrest any person believed to have contravened the Act or these Regulations; (j) impose an administrative penalty prescribed by law on a person who contravenes these Regulations; (k) impose a surcharge of five percent of the amount required to be paid which is in default, for each day or part of a dayof default; or (l) order the payment of costs and expenses incurred by the Authority, relevant lead agency, and occupational hygienist or authorised person in administering the measures under this regulation.

(2)

A local authority may levy a congestion charge on a motorist, as a disincentive for the use of a motor vehicle, motorcycle or other vessel in congested areas as a control measure against pollution.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Administrative measures”.

“(1) Without prejudice to any penalty imposed by a competent court under these Regulations, the Authority, a relevant lead agency, an occupational hygienist or an authorised officer may- (a) give a written warning to the operator of a vessel; (b) enter upon any premises or facility to conduct a search and to determine whether any equipment or technologies emit air pollutants beyond permissible levels or in contravention of the conditions of a licence issued under these Regulations; (c) carry out such inspections as…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Without prejudice to any penalty imposed by a competent court under these Regulations, the Authority, a relevant lead agency, an occupational hygienist or an authorised officer may- (a) give a written warning to the operator of a vessel; (b) enter upon any premises or facility to conduct a search and to determine whether any equipment or technologies emit air pollutants beyond permissible levels or in contravention of the conditions of a licence issued under these Regulations; (c) carry out such inspections as may be necessary to ensure that the emission source is brought to compliance with these Regulations, including stopping and inspecting any vessel used for transport; (d) order an operator or vessel to immediately suspend or terminate an activity where there is an acute risk of harm to human health or the environment;
  2. (e) seize any property, vessel, equipment, substance, technology or other thing which has been used or is being used in contravention of the Act or these Regulations; (f) close a facility or order the grounding of any vessel which is in contravention of the Act or these Regulations; (g) order the operator or vessel to adopt appropriate technologies to install appropriate equipment; (h) order the operator or vessel to undertake air quality compliance monitoring and to put in place control measures as the Authority may direct; (i) cause a police officer to arrest any person believed to have contravened the Act or these Regulations; (j) impose an administrative penalty prescribed by law on a person who contravenes these Regulations; (k) impose a surcharge of five percent of the amount required to be paid which is in default, for each day or part of a dayof default; or (l) order the payment of costs and expenses incurred by the Authority, relevant lead agency, and occupational hygienist or authorised person in administering the measures under this regulation.
  3. (2) A local authority may levy a congestion charge on a motorist, as a disincentive for the use of a motor vehicle, motorcycle or other vessel in congested areas as a control measure against pollution.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part X

56. Negligent acts
(1)

A person who-

(a)

neglects to maintain any equipment or a vessel;

(b)

fails to develop and implement an air quality compliance monitoring programme or air quality management plan;

(c)

fails to install or use air quality monitoring equipment, commits an offence and is liable, on conviction,- (i) in the case of an individual, to a fine not exceeding twenty thousand currency points or imprisonment not exceeding four years, or both; (ii) in the case of a body corporate, to a fine not exceeding fifty thousand currency points; or (iii) in the case of a continuing offence, to a fine not exceeding two thousand currency points in respect of each day or part of day on which the offence continues.

(2)

A person who operates without a licence required under these Regulations commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both.

(3)

The owner, operator or occupier of premises in a control area who refuses, fails or neglects to immediately undertake remedial action where indoor air quality in those premises deteriorates severely, thereby causing concern of severe public health hazards, commits an offence and is liable, on conviction to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both.

SCHEDULE 1 Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings

SCHEDULE 2

Regulations 5(1), 7(2), 9(3), 14, 15(3), 25(d), 28(1)

AMBIENT AIR QUALITY STANDARDS AND TOLERANCE LIMITS.

Table 1: Criteria for Ambient Air Quality Standards and Tolerance Limits Pollutant Time-weighted Standard for No. Average Ambient Air

24-hour 7 mg/m3 Carbon monoxide (CO) 8-hour 10 mg/m3 1-hour 35 mg/m3 Hydrogen Sulphide (H2S) 1-hour 42 µg/m3 1-hour 235 µg/m3 Ozone (O3) 8-hour 120 µg/m3 Annual average 25 µg/m3 PM2.5 24-hour 35 µg/m3 Annual average 40 µg/m3 PM10 24-hour 60 µg/m3 1-hour 50 µg/m3 Sulphur dioxide (SO2) 24-hour 20 µg/m3 Annual average 30 µg/m3 Nitrogen dioxide (NO2) 24-hour 50 µg/m3

Total Volatile Organic 600 µg/m3 24-hour Compounds (VOCs)

Table 2: Hazardous Ambient Air Pollutants Standard for Time-weighted No. Pollutant Emissions Average sources Inorganic Pollutants Ammonia (NH3) 24 hours 200 µg/m3

Arsenic (As) Annual 6 ng/m3 No safe levels of Asbestos No safe levels exposure Carbon disulfide (CS2) 30 minutes 20 µg/m3 Cadmium (Cd) Annual 5 ng/m3 Lead (Pb) 3 months 0.15 µg/m3 Manganese (Mn) annual 0.15 µg/m3 Mercury (Hg) annual 1 µg/m3 Nickel (Ni) Annual 20 ng/m3 Vanadium (V) 24 hours 1 µg/m3 Organic Pollutants Benzene Annual 5 μg/m3 Benzo(a)pyrene 24 hrs 1 ng/m3 Butadiene 24 hours 50 μg/m3 1,2-Dichloroethane 24 hours 0.7 mg/m3 24 hours 3 mg/m3 Dichloromethane 1 week 0.45 mg/m3 Formaldehyde 30 minutes 0.1 mg/m3 Polycyclic aromatic hydrocarbons (Total Annual 5 ng/m3 PAHs)

24 hours 125 µg/ m3 Styrene annual 50 µg/ m3 annual 0.25 mg/ m3 Tetrachloroethylene 30 minutes 8 mg/ m3 1 week 0.26 mg/ m3 Toluene 30 minutes 1mg/ m3 And any other parameter as may be prescribed by the Authority from time to time

Legend a) μg- microgram. b) m3 - cubic meter. c) PM2.5 - particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers, as determined by the appropriate validated method of analysis. d) PM10 - particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers, as determined by the appropriate validated method of analysis. e) n-nonogram.

SCHEDULE 3 Regulations 6(1), 11(2)(a), 15(3), 25(d) and 34(1))

MAXIMUM PERMISSIBLE EMISSION LIMITS FOR STACKS, CHIMNEYS, VENTS AND OTHER STATIONARY EMISSION SOURCES

PARAMETERS AND MAXIMUM VALUES PARAMETERS (All units are in mg/Nm3, unless otherwise specified) PM* SOX or OTHER/ SOURCE NOX or NO2 HF SO2 COMMENTS Aluminium production · Total F: 2 316 and manufacturing (all New 30 50 - 0.5 installations) · VOCs: 20 Existing 80 250 - 1 · Hydrocarbons: 20

· As: 0.1

· Cd: 0.05

· Cu: 0.5

· Hg: 0.05

· Pb: 0.5

· Zn: 1

Incinerators New 10 50 200 1 · HCl 10

· Dioxins and Furans: 0.1ng TEQ/m3

· Cd:0.05

· CO: 50

· Hg: 0.05

· Total Metals: 0.5 · F: 5 500 New 50 180 - (sintering) 317 Iron and steel manufa- cturing Existing 120 - 200 -

Lead and Zinc, Nickel New and 20 400 500 - · As: 0.1 or Cadmium smelting existing (40 for Zn and Cd) · Cd: 0.05

· Cu: 0.5

· Hg: 0.05

· Pb: 0.5

· Zn: 1

Copper smelting New and ·20 (smelters) 1,000 - - · As: 0.5 existing ·50 (other sources) · Cd: 0.05

· Cu: 1

· Pb: 0.2

· Hg: 0.05

Electronics manufa- New and 50 - - 5 · VOCs: 20 cturing existing · Phosphine: 1 · Arsine: 1 · HCl: 10 318 · As: 0.1 · Cd: 0.05 · Cu: 0.5 · Hg: 0.05 · Pb: 0.5 · Zn: 1

Electroplating industry New and - - - - · VOCs: 90% Existing recovery

Foundries New 20 400 400 5 - Existing 50 - 400 -

Furnace: blast oxygen, electric arc furnaces New 30 500 500 - - in the steelmaking industry, blast furnace (all installations) Existing 100 - - - -

Glass manufacturing · 1500 · Pb + Cd: 5 20 319 (Oil fire) · Other heavy New 1,000 metals (total): 5 · 700 (Gas) · As: 1

Existing 50 2000 · F: 5

· HCl: 50 Ceramic production (tiles bricks, refractory New 150 400 - 50 - bricks, stoneware or porcelain ware by firing excluding clamp kilns) Existing 150 400 - - -

Cement manufacturing New · 30 (separate raw 50 600 1 · Total Organic and lime production mill and clinker Compounds: 10 grinding, kiln) · HC: 10l · 100 (Cooler ESP) · Cadmium plus · 50 (Cooler BF) Thallium: 0.05

· Hg: 0.05

· Sum of arsenic, antimony, lead, chromium, cobalt, copper, manganese, 320 vanadium, nickel: 0.5

· Dioxins and furans: 1ng/m3 Existing · 50 (Separate raw 250 600 1 - mill and clinker grinding)

· 80 (Kiln)

· 150 (Cooler ESP)

· 50 (Cooler BF)

Mixed fertilizer plants: New 50 · 500 (nitro 5 · NH3: 5 superphosphates, phosphate ammonium nitrate, - unit) ammonium phosphates or ammonium · 70 (mixed sulphates (all acid unit) installations) Existing 100 - 30 · NH3: 50 Nitrogenous fertilizer 50 · NH3: 50 plants New and 300 Existing · urea: 50 Phosphate fertilizer plants 2kg/t acid New and · SO3: 0.15 kg/t 50 (sulphuric - - Existing acid acid plant)

Pesticides formulation New and 20 (5 where very - - - · VOCs: 20 and manufacturing Existing toxic compounds are present) · Cl: 5

· TOC: 50

· Cl: 5

· HBr: 3

· HCN: 3

· HF: 3

· H2S: 3 322 · Cl: 3

· NH3: 30

· HCl:30

Pharmaceutical - 20 - - - · Active manufacturing ingredients (each): 0.15 · *Class A compounds (total): 20 · **Class B compounds (total): 80 · Benzene :1 · Vinyl chloride: 1 · Dichloroethane:1 323 · VOCs: 20 · Bromides (as HBr): 3 · Chlorides (as HCl): 30 · (NH3): 30 · As: 0.05 · Ethylene Oxide: 0.5 · Mutagenic substances: 0.005

Petrochemicals - 20 500 300 - · HCl: 10 manufacturing · Benzene: 5 (0.1 ppb) (plant fence)

· 1,2-dichloroe- thane: 5 (1.0 ppb) (plant fence)

· Vinyl chloride: 5 (0.4 ppb) (plant fence)

324 · NH3: 15 Waste water treatment - - - - - · NH3:100-400 plants · Hydrocarbons:

400-2000

· H2S: 50-200

Textile industry New and 50 - - - · VOCs: 20 Existing · Hydrocarbons:

Dye manufacturing 50 - - - · Cl: 10

· VOCs: 20 Tanning and leather New and 50 1000 1200 - · Odour finishing Existing (objectionable); minimise impact on people and the receiving environment

· Hydrocarbons: 20

· H2S:15

325 Printing industry, and New and 100 (recovery - 2kg/t ADP - · Hydrocarbons: pulp and paper mills Existing furnace) (Air-Dried 20 Pulp) · VOCs:20

· HCl:10 Wood preserving - - - - - · VOCs: 20

Meat processing and - 150 - - - · Odour rendering (Objectionable); minimise impacts on people and the receiving environment

Sugar manufacturing - 100 2,000 · 460 (130 - · Odour ng/J or 225 (Objectionable); ppm) Liquid minimise fuels impacts on people and · 750 (260 the receiving ng/J or 365 environment ppm) Solid fuels Dairy industry - 50 - - - · Odour (Objectionable); minimise impacts on people and the receiving 326 environment Vegetable oil - 50 - - - · Odour processing (Objectionable); minimise impacts on people and the receiving environment

Other processes not - 50 2,000 · Coal: 750 - · Dioxins: 2, 3, specifically defined in (SO2) (260 ng/J or 7, 8-TCDD the table 365 ppm equivalent): maximum of · Oil: 460 1ng/Nm3 (130 ng/J or 225 ppm · Total F: 2

· Gas: 320 (86 · VOCs: 20 ng/J or 155 ppm) · Hydrocarbons 20

· As: 0.1

· Cd: 0.05 327 · Cu: 0.5

· Hg: 0.05

· Pb: 0.5

· Zn: 1

· PAHs 5 ng/m3

Thermal plants and processes/combustion installations used for steam or electricity generation

New 50 150 - - - Solid fuels ≥50MW Existing 100 200 - - -

New 50 50 75 - - Liquid fuels e.g. heavy fuel and gas oil Existing 75 100 100 - -

New 10 400 50 - - 328 Gas fired plants Existing 10 500 200 - -

New 50 45 400 - - Reciprocating engine (>10MW) Existing 50 100 400 - -

New 10 45 100 - - Reciprocating engine (>50MW) Existing 35 100 125 - -

Solid biomass New 50 (all sizes) · 70 (≥50 · 70 (≥50 5 (all · HCl: 5 (all sizes) MW) MW) sizes)

· 50 (100- · 50 300 (≥100MW) MW)

· 35 (>300 MW) Existing 100 (all sizes) 1000 (>50 200 (≥50 MW) 10 (all · HCl: 10 (all MW) sizes) sizes) · 150 · 70 (100- (≥100MW) 300 MW) 329 · 50 (>300 MW) Combustion New 50 800 400 - · H2S: 15 installations used for steam or electricity · Ni + V: 2 generation (all refinery furnaces and heaters) Catalytic cracking New 100 1200 400 - - units (all installations)

Vapour recovery units - - - - - · Total VOCs (loading and off- from vapour loading facilities with recovery units/ a throughput greater destruction units than 50000m3) using thermal treatment: 150

· Total VOCs from vapour recovery units/destruction units using non-thermal treatment: 40000

330 Industrial fuel oil New and - 500 - - · CO:100 recyclers with a existing throughput greater · Total VOCs from than 5000 ton/month vapour recovery/ destruction units: 30 All sulphur recovery - - - - - · Should achieve units 95% efficiency with 99% availability

Petroleum Refining New- 150 SRU Oil: 460 (130 - · Vanadium:5 Facilities ng/J or 225 300 FCCU · Nickel:1, ppm) · H2S: 5 Gas: 320 (86 ng/J or 155 · Benzene: 9 µg/ ppm) m3 (fence line) · VOCs (600µg/m3 fence line) And any other parameters and processes as may be prescribed from time to time The maximum permissible emission limits for stack emission for petroleum activities and operations under the upstream and midstream petroleum laws shall be determined by the Authority in consultation with the relevant lead agencies, taking into account best available technologies. The Ambient Air Quality limits set out in Schedule 2 shall apply to the general environment outside the stack. 331 Explanatory note: *Class A compounds are those that may cause significant harm to human health and the environment. They include; acetaldehyde, acrylic acid, benzyl chloride, carbon tetrachloride, chlorofluorocarbons, ethyl acrylate, halons, maleic anhydride, 1,1,1 trichloroethane, trichloromethane, trichloroethylene, and trichlorotoluene.

**Class B compounds are organic compounds of less environmental impact than Class A compounds. They include; toluene, acetone and propylene. "Existing facility" means a facility with an air pollution source constructed, in operation, installed or used on or before the coming into force of these Regulations. "New facility" means a facility with an air pollution source constructed, in operation, installed or used after the coming into force of these Regulations.

SCHEDULE 4

Regulations 9(1) (3) (4), 11(2)(b), 13(2) and 25(d)

MAXIMUM PERMISSIBLE EMISSION LIMITS FOR VEHICULAR SOURCES

A. EMISSION LIMITS FOR PASSENGER CARS (GROUP B, D, D1, DE) Emission limits/g/km

Engine type CO THC HC+NOx NOx PM

Diesel 0.5 - 0.30 0.25 0.025 Gasoline (Petrol) 1.0 0.1 - 0.08 -

CO- Carbon monoxide, THC- Total hydrocarbon, HC- Hydrocarbon, NOx- Nitrogen oxide compounds, PM-Particulate Matter

B. EMISSION LIMITS FOR LIGHT DUTY COMMERCIAL VEHICLES (GROUP BE, D, D1, DE) Emission limits/g/km Engine Reference Mass type (RM) range/kg CO THC HC+NOx NOx PM

D, D1: RM≤750 0.50 - 0.30 0.25 0.025

Diesel DE: RM>750 0.63 - 0.39 0.33 0.04

BE: RM>750≤3,500 0.74 - 0.46 0.39 0.06

D, DE: RM≤750 1.0 0.1 - 0.08 -

Gasoline DE: RM>750 (Petrol) 1.81 0.13 - 0.10 -

BE: RM>750≤3,500 2.27 0.16 - 0.11 -

D. EMISSION LIMITS FOR HEAVY DUTY COMMERCIAL VEHICLES (GROUP C, C1, C1E, CE, D1E, F, G)

Gross Vehicle Weight Emission limits/kg/kWh (GVW)/kg Smoke CO HC NOx PM limits/m-1 C, CE: ≤750kg 1.5 0.46 3.5 0.02 0.5

C1: >3,500≤7,500kg 1.5 0.46 3.5 0.02 - C1E, D1E:>750kg≤12,000kg

F. EMISSION LIMITS FOR MOTORCYCLES (A, A1) AND TRICYCLES (B1) Propulsion class/ Emission Limits/g/km Positive Ignition Category (PI) or Compression Ignition (CI) CO THC NOx Group A: PI Hybrid 1.14 0.38 0.07 Group A1 PH Hybrid 1.14 0.17 0.09 PI 2.0 0.55 0.25 Commercial Tricycles (Gasoline) B1 CI 1.0 0.1 0.55

Explanatory notes and emission inspection schedule: Category Description A: Motorcycles 3 Group A: motorcycles with a cubic capacity exceeding 125cm A and a power exceeding 11 Kw Group A1: motorcycles with a cubic capacity not exceeding A1 125 cm³ and a power not exceeding 11 Kw (light motorcycles) Group B: Motor vehicles, having a permissible maximum mass not B exceeding 3,500 kg and not more than eight seats in addition to the driver's seat. Motor vehicles of category В coupled to a trailer, the permissible B maximum mass of which does not exceed 750 kg.

Motor vehicles of category В coupled to a trailer, the permissible maximum mass of which exceeds 750 kg but does not exceed the unladen mass of the motor vehicle, where the combined B permissible maximum mass of the vehicles so coupled does not exceed 3,500 kg. BI: Tricycles and quadricycles B1 Tricycles and quadricycles Group BE: Motor vehicles of category В coupled to a trailer, the permissible BE: maximum mass of which exceeds 750 kg and exceeds the unladen mass of the motor vehicle. Motor vehicles of category В coupled to a trailer, the permissible maximum mass of which exceeds 750 kg, where the combined BE permissible maximum mass of the vehicles so coupled exceeds 3,500 kg. Group C: Motor vehicles, other than those in category D, having a permissible maximum mass exceeding 3,500 kg or motor C vehicles of category С coupled to a trailer, the permissible maximum mass of which does not exceed 750 kg. Motor vehicles, with the exception of those in category D, the permissible maximum mass of which exceeds 3,500 kg but C1 does not exceed 7,500 kg or motor vehicles of subcategory C1 coupled to a trailer, the permissible maximum mass of which does not exceed 750 kg. Motor vehicles of subcategory C1 coupled to a trailer the permissible maximum mass of which exceeds 750 kg but C1E does not exceed the unladen mass of the motor vehicle, where the combined permissible maximum mass of the vehicles so coupled does not exceed 12,000 kg. Motor vehicles of category С coupled to a trailer whose CE permissible maximum mass exceeds 750 kg. Group D: Motor vehicles used for the carriage of passengers and having D more than eight seats in addition to the driver's seat but not exceeding 30 seats in addition to the driver's seat or motor vehicles of category D coupled to a trailer, the permissible maximum mass of which does not exceed 750 kg.

Motor vehicles used for the carriage of passengers and having more than 8 seats in addition to the driver's seat but not more D1 than 16 seats in addition to the driver's seat, or motor vehicles of subcategory D1 coupled to a trailer, the permissible maximum mass of which does not exceed 750 kg.

Motor vehicles of subcategory D1 coupled to a trailer not used for the carriage of persons, the permissible maximum mass of D1E which exceeds 750 kg but does not exceed the unladen mass of the motor vehicle, where the combined permissible maximum mass of the vehicles so coupled does not exceed 12,000 kg. Motor vehicles used for the carriage of passengers with seating accommodation exceeding 30 seats in addition to the driver's DE seat and motor vehicles of this subcategory category may be coupled to a trailer whose permissible maximum mass exceeds 750 kg. Group F: Special machinery, including tractors and earth moving F equipment including graders, bulldozers and compacters. Group G: G Agricultural tractors.

B: Emissions inspection schedule Periodic On-road Vehicle Initial Modification Inspection Random category Inspection Inspection (frequency) Inspection

All After every All Yes Yes categories 12 Months

NOTE: All private passenger cars to be inspected periodically in intervals of not more than 2 years. This schedule applies to inland, air and rail transport, as appropriate, in the absence of specific units. The parameters of specific units for inland, air and rail transport under these standards shall be determined by the Authority in consultation with the lead agency, taking into account best available technologies.

SCHEDULE 5

Regulations 17(2), 18(a) and 25(d) OCCUPATIONAL EXPOSURE EMISSION LIMITS

Acetaldehyde 10 92 - Acetic acid 25 15 ppm - 336 Acetic anhydride 2.5 3 ppm - Acetone 250 500 ppm - Acetonitrile 20 102 0.002 Acetylene tetrabromide 0.1 - - a-Chloroacetophenone (Phenacyl chloride) 0.05 - - Acrolein 0.05 0.12 - Acrylamide 0.03 (IFV) - - Acrylic acid 29 59 - Acrylonitrile 2 ppm - - Allyl alcohol 0.5 ppm 4 ppm -

Allyl chloride 1ppm 2 ppm - Allyl glycidyl ether (AGE) 0.2 ppm 10ppm - Allyl propyl disulfide 0.5 ppm 3 ppm - Alpha-Alumina Respirable fraction 5 - - Alpha-Alumina Total dust 10 - 200ppm 337 Alpha-Methyl styrene 10 ppm 100 ppm - Aluminum alkyl compounds 2 - - Aluminum Metal (as Al) respirable dust 5 - - Aluminum Metal (as Al) total dust 10 - - Aluminum oxides inhalable dust 4 - 0.1ppm Aluminum salts, soluble 2 - 0.1ppm Ammonia 25 ppm 35ppm 1ppm Ammonia, anhydrous 18 - - Ammonium chloride, fume 10 - -

Ammonium sulfamate Respirable fraction 5 - 0.05ppm Ammonium sulfamate Total dust 10 - - Ammonium sulphamidate 10 - - 2-Aminopyridine 0.5 ppm - - 2-Amitrole 0.2 - - Aniline 4 - - 338 Aniline and homologs 2 ppm - - Anisidine (o-,p-isomers) 0.5 - - Antimony and compounds (as Sb) 0.5 - - Antimony and compounds except stibine (as Sb) 0.5 - - ANTU (alpha Naphthylthiourea) 0.3 - - Arsenic and arsenic compounds except arsine (as As) 0.1 - - Arsenic, inorganic compounds (as As) see 1910.1018 0.01 - - Arsenic, organic compounds (as As) 0.2 - - Arsine 0.005 ppm - -

Asbestos No safe limit - - Asphalt, petroleum fumes 5 - - Azinphos-methyl 0.2 - - Azodicarbonamide 1 - - Barium sulfate inhalable dust 10 - - Barium sulfate respirable dust 5 - - 339 Barium sulfate total dust 10 - - Barium, soluble compounds (as Ba) 0.5 - - Benomyl Respirable fraction 5 - - Benomyl Total dust 10 - - Benzene 0.5 1ppm - Benzoyl peroxide 5 - - Benzyl butyl phthalate 5 10 - Benzyl chloride 1ppm 7.9 0.1 Beta-Chloroprene 1ppm - -

Beta-Propriolactone; see 1910.1013 0.5ppm - - Bis(2-ethylhexyl) phthalate 5 - - Bis(chloromethyl) ether 0.005 - - Bis(Chloromethyl) ether; see 1910.1008 0.001ppm - - Bisphenol A 2 - - Bornan-2-one 13 19 - 340 Boron oxide Total dust 10 - - Boron tribromide - 10 - Boron trifluoride 0.1ppm - - Bromacil (ISO) 11 22 - Bromine 0.1ppm 0.2ppm - Bromoethylene 4.4 - - Bromoform 0.5ppm - - Bromomethane 20 59 0.3ppm But-2-yne-1,4-diol 0.5 - - Buta-1,3-diene 2.2 - - Butadiene (1,3-Butadiene) 1ppm 5ppm 5 [10-min]

Butan-1-ol - 154 - Butan-2-ol 308 462

Butan-2-one (methyl ethyl ketone 600 899 -

Butane 1450 1810 2-Butoxyethanol 20ppm 246 0.1ppm 341 2-Butoxyethyl acetate 133 332 -

2-Butanone (Methyl ethyl ketone) 200ppm 300 -

Butyl acetate 724 966 - Butyl lactate 30 - - Butyl mercaptan 0.5ppm - - 2-sec-Butylphenol 31 - - 2-(2-Butoxyethoxy) ethanol 67.5 101.2 - Cadmium (as Cd); see 1910.1027 0.01 - -

Cadmium and cadmium compounds except cadmium oxide fume, cadmium sulphide and 0.025 - - cadmium sulphide pigments (as Cd)

Cadmium oxide fume (as Cd) 0.025 - -

342 Cadmium sulphide and cadmium sulphide pigments 0.03 - - (respirable dust as Cd)

Caesium hydroxide 2 - - Calcium carbonate 10 - -

Calcium Carbonate (Respirable fraction) 5 - -

Calcium Carbonate (Total dust) 10 - - Calcium cyanamide 0.5 1 - Calcium hydroxide 5 4 - Calcium hydroxide (Total dust) 5 - Calcium oxide 2 4 -

Calcium silicate (inhalable dust) 10 - - Calcium silicate (respirable dust) 4 - -

Calcium silicate (Respirable fraction) 5 - -

Calcium silicate (Total dust) 10 - -

Calcium sulphate (Respirable fraction) 5 - - 343 Calcium sulphate (Total dust) 10 - - Camphor, synthetic 2ppm 3ppm 50ppm Captan (ISO) 5 15 - Carbaryl (Sevin) 0.5 - 200ppm Carbon black 3 7 6200ppm Carbon disulphide 15 - - Carbon monoxide 25 232 - Carbon tetrachloride 6.4 32 - Cellulose (inhalable dust) 10 - - Cellulose (respirable dust) 4 - -

Cellulose (Respirable fraction) 5 - - Cellulose (Total dust) 10 - - Chlorinated camphene 0.5 1 - Chlorinated diphenyl oxide 0.5 - - Chlorine 0.1ppm 0.4ppm - Chlorine dioxide 0.1ppm 0.84 - 344 Chlorine trifluoride - - 5ppm Chloroacetaldehyde - 3.3 - Chlorobenzene 4.7 14 - Chlorobromomethane 200ppm - - Chlorodifluoromethane 3590 - -

Chlorodiphenyl (42% Chlorine) (PCB) 1 - -

Chlorodiphenyl (54% Chlorine) (PCB) 0.5 - -

Chloroethane 134 - - Chloroform (Trichloromethane) 2ppm - -

Chloromethane 105 210 - Chloropicrin 0.1ppm - - Chlorosulphonic acid 1 - - Chlorpyrifos (ISO) 0.2 0.6 - 1-Chloro-1-nitropropane 2ppm - -

1-Chloro-2,3epoxypropane ((Epichlorohydrin)) 1.9 5.8 - 345 1-Chloro-4-nitrobenzene 1 2 -

2-Chloro-6-(trichloromethyl) pyridine 10 (IFV) 20 -

2-Chloro-6-(trichloromethyl) pyridine/(Respirable 5 - - fraction)

2-Chloro-6-(trichloromethyl)pyridine (Total dust) 10 20 -

2-Chloroethanol; See Ethylene chlorohydrin - 3.4 -

Chromium 0.5 - -

Chromium (II) compounds (as Cr) 0.5 - -

Chromium (III) compounds (as Cr) 0.03 - - 346 Chromium (VI) compounds 0.0002 0.0005 0.06 (2-hr)

Chromium metal and insol. salts (as Cr) 0.5 - -

Clopidol 3 (IFV) - - Clopidol (Respirable fraction) 5 - - Clopidol (Total dust) 10 20 -

Coal tar pitch volatiles (benzene soluble fraction), anthracene, BaP, phenanthrene, acridine, chrysene, 0.2 - - pyrene)

Cobalt metal, dust, and fume (as Co) 0.02 - -

347 1ppm (30- Coke oven emissions 0.15 - min)

Copper Dusts and mists (as Cu) 1 - -

Copper Fume (as Cu) 0.2 - - Cotton dust(l) 0.1 - -

Crag herbicide (Sesone) (Respirable fraction) 5 - -

Crag herbicide (Sesone) (Total dust) 10 - -

Cresol, all isomers 5 ppm - -

Cryofluorane (INN) 7110 8890 - Cumene 50 ppm 250 - Cyanamide 1 - - Cyanides (as CN) 5 - - Cyanogen chloride - 0.77 - Cyclohexane 100 1050 - 348 Cyclohexanol 50 - - Cyclohexanone 20 82 - Cyclohexene 20 - - Cyclohexylamine 41 - - Cyclopentadiene 75 - - Decaborane 0.05 0.15ppm - Demeton (Systox) 0.05 - - Diacetone alcohol (4-Hydroxy-4-methyl-2- 50 - - pentanone) Diacetyl 0.07 0.36 - Dialkyl 79 phthalate 5 - -

Diallyl phthalate 5 - -

Diatomaceous earth, natural, respirable dust 1.2 - -

Diazomethane 0.2 - - Dibenzoyl peroxide 5 - - Dibismuth tritelluride 10 20 - 349 Diborane 0.1 - -

1,2-Dibromo-3-chloropropane (DBCP) 0.001 - -

1,2-Dibromoethane 3.9 - -

1,2-Dibromoethane(Ethylene dibromide) 3.9 - -

Diboron trioxide 10 20 - Dibutyl hydrogen phosphate 8.7 17 - Dibutyl phosphate 5 2ppm - Dibutyl phthalate 5 10 - Dichloroacetylene - 0.39 -

Dichlorodifluoromethane 1000 -

Dichlorodiphenyltrichloroethane (DDT) 1 -

Dichloroethyl ether 5 10ppm - Dichlorofluoromethane 43 - - Dichloromonofluoromethane 10 - - 350 Dichlorotetrafluoroethane 1000 - - Dichlorvos (DDVP) 0.1 (IFV) - - 1,2-Dichlorobenzene 153 306 - 1,1-Dichloroethane 50 ppm - - 1,2-Dichloroethane 100 ppm - - 1,2-Dichloroethylene 200 ppm - -

1,2-Dichloroethylene, cis:trans isomers 60:40 806 1010 -

1,1-Dichloro-1-nitroethane 2 ppm - -

2,4-Dichlorophenoxy ethyl sulphate - - -

1,3-Dichloro-5,5-dimethyl hydantoin 0.2 0.4 -

1,4 Dichlorobenzene 12 60 -

2,2'-Dichloro-4,4'methylene dianiline (MbOCA) 0.005 - -

2,4-D (Dichlorophen-oxyacetic acid) 10 20 - 351 2,6-Di-tert-butyl-p-cresol 10 - - 1,4-Dioxane 73 - - Dicyclohexyl phthalate 5 - - Dicyclopentadiene 27 - -

Dicyclopentadienyl iron Respirable fraction 5 - -

Dicyclopentadienyl iron Total dust 10 - -

Diethyl ether 310 620 - Diethyl phthalate 5 10 -

Diethyl sulphate 0.32 - - Diethylamine 15 30 - 2-Diethylaminoethanol 2 ppm - - Difluorodibromomethane 100 ppm - - Diglycidyl ether (DGE) 0.01 ppm - - Dihydrogen selenide(as Se) 0.07 0.17 - 352 Diisobutyl ketone 25 ppm - - Diisobutyl phthalate 5 - - Diisodecyl phthalate 5 - - Diisononyl phthalate 5 - - Diisooctyl phthalate 5 - - Diisopropyl ether 1060 1310 - Diisopropylamine 21 - - Dimethoxymethane 3160 3950 - Dimethyl acetamide 10 ppm - - Dimethyl ether 766 958 5 ppm Dimethyl phthalate 5 10 -

Dimethyl sulphate 0.1 ppm - - Dimethyl sulphate 0.26 - -

Dimethyl-1,2-dibromo-2,2-dichloroethylphosphate 0.1 (IFV) - -

Dimethylamine 3.8 11 -

Dimethylaniline (N,N-Dimethylaniline) 5 ppm 10ppm 0.5 ppm 353 Dimethylformamide 5 ppm - 1 ppm Dimethylphthalate 5 - - 2,6-Dimethylheptan-4-one 148 - - 1,1-Dimethylhydrazine 0.01 ppm - - 2-Dimethylaminoethanol 7.4 22 - Dinitrobenzene (all isomers) 0.15 ppm - Dinitrobenzene, all isomers 1 3.5 - Dinitro-o-cresol 0.2 (IFV) - -

5 ppm (10 Dinitrotoluene 0.15 - minutes per day) Dinonyl phthalate 5 - - Dioxane (Diethylene dioxide) 0.28 ppm - - Diphenyl (Biphenyl) 0.2 ppm - - 354 Diphenyl ether 7 14 - Diphenylamine 10 20 - Diphosphorus pentasulphide 1 2 - Dipropylene glycol methyl ether 100 ppm 150ppm - Diquat dibromide (ISO) 0.5 1 -

Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate) 5 10 -

Disodium disulphite 5 - -

Disodium tetraborate, anhydrous 1 - -

Disodium tetraborate, decahydrate 5 - -

Disodium tetraborate, pentahydrate 1 - -

Disphosphorus pentoxide 1 2 - Disulphur dichloride - 5.6 - 355 6,6'-Di-tert-butyl-4,4'thiodi-m-cresol 10 20 -

Diuron (ISO) 10 - - Emery inhalable dust 10 - - Emery respitable dust 4 - - Emery total dust 10 - - Enflurane 383 - - Epichlorohydrin 0.05 - - Ethyl p-nitrophenyl benzenethionophosphonate 0.1 (IFV) - - 2-Ethoxyethanol 8 - -

Ethane-1,2-diol particulate 10 - -

Ethane-1,2-diol vapour 52 104 - Ethanethiol 1.3 5.2 - Ethanol 1920 - - Ethanolamine 3 ppm 6ppm - 356 2-Ethoxyethanol (Cellosolve) 5 ppm - - 2-Ethoxyethyl acetate 11 - -

2-Ethoxyethyl acetate (Cellosolve acetate) 5 ppm - -

2-ethylhexan-1-ol 5.4 - - 2-Ethylhexyl chloroformate 8 - - Ethyl acetate 400 ppm 1468 - Ethyl acrylate 5 ppm 42 0.5 ppm Ethyl alcohol (Ethanol) 1000 ppm 1000ppm 1000 ppm

Ethyl amyl ketone (5-Methyl-3-heptanone) 25 ppm - 0.1 ppm

Ethyl benzene 5 ppm 30ppm - Ethyl bromide 5 ppm - -

Ethyl butyl ketone (3-Heptanone) 50 ppm 75ppm -

Ethyl chloride 100 ppm - - Ethyl chloroformate 4.5 - - 357 Ethyl cyanoacrylate - 1.5 - Ethyl ether 400 ppm 500ppm - Ethyl formate 100 ppm 100ppm - Ethyl mercaptan 0.5 ppm - - Ethyl silicate 10 - - Ethylamine 3.8 11 - Ethylbenzene 441 552 - Ethylene glycol dinitrate 0.05 ppm 0.1 - Ethylene oxide 1 ppm 5ppm - Ethylenediamine 10 ppm - - Ethyleneimine 0.05 ppm 0.1ppm -

4-Ethylmorpholine 24 96 - Ferbam Total dust 5 - -

Ferrous foundry inhalable dust 10 - -

Ferrous foundry 4 - - respirable dust 358 Ferrovanadium dust 1 3 - Flour dust 10 30 - Fluoride (inorganic as F-) 2.5 - - Fluorine 0.1 ppm 1.6 0.03 ppm Formaldehyde 0.1 ppm 0.3ppm - Formamide 37 56 - Formic acid 5 ppm 10ppm 2 Fume (as V2O5) 0.05 - - Furfural 0.2 ppm - - Furfuryl alcohol 10 ppm 15ppm -

2-Furaldehyde (furfural) 8 20 - Germane 0.64 1.9 - Glutaraldehyde 0.2 0.2 -

Glycerin (mist) Respirable fraction 5 - -

Glycerin (mist) Total dust 10 - - 359 Glycerol trinitrate 0.095 0.19 - Glycerol (mist) 10 10 - Glycidol 2 ppm 2ppm - Grain dust 4 4 -

Graphite 10 10 - inhalable dust

Graphite 4 4 - (respirable)

Graphite(synthetic respirable fraction) 2 - -

Graphite(synthetic Total dust) 10 - - Gypsum (Respirable fraction) 5 - - Gypsum (Total dust) 10 - -

Gypsum (inhalable dust) 10 - -

Hafnium 0.5 - - 360 Halothane 82 - -

Hardwood dust (inhalable fraction) 3 - -

Heptan-2-one 237 475 - Heptan-3-one 166 475 - Heptane (n-Heptane) 400 ppm 440ppm 5 ppm Hexachloroethane 1 ppm - - Hexachloronaphthalene 0.2 - - Hexan-2-one 21 - - Hexone (Methyl isobutyl ketone) 20 ppm 75ppm -

1,6-Hexanolactam dust and vapour 10 20 -

1,6-Hexanolactam dust only 1 3 0.002

2-Hexanone (Methyl n-butyl ketone) 1 ppm 10ppm -

361 2-Hydroxypropyl acrylate 2.7 - - Hydrazine 0.01 ppm 0.13 50 ppm Hydrogen bromide 10 - Hydrogen chloride 0.3 ppm 8 - Hydrogen cyanide 1 5 - Hydrogen fluoride (as F) 1.5 2.5 - Hydrogen peroxide 1.4 2.8 - Hydrogen selenide (as Se) 0.05 ppm - - Hydrogen sulphide 7 14 - Hydroquinone 0.5 - - 4-Hydroxy-4methylpentan-2-one 241 362 -

Indene 48 - - Indium and compounds (as In) 0.1 0.3 - inhalable dust 4 - -

Insoluble Compounds - Total dust 10 - -

Iodine 0.01 ppm (IFV) 1.1 - 362 Iodoform 9.8 16 0.05 (IHL) Iodomethane 12 - - Iron oxide 5 - - Iron oxide, fume (as Fe) 5 10 - Iron salts (as Fe) 1 2 - Isoamyl acetate 50 ppm 100ppm -

Isoamyl alcohol (primary and secondary) 100 ppm 125ppm -

Isobutyl acetate 150 ppm 903 - Isobutyl alcohol 50 ppm - Isocyanates, all (as -NCO) 0.02 0.07 -

Isoflurane 383 - - Isoocytl alcohol (mixed isomers) 271 - - Isopentane 1800 - - Isophorone 4 ppm - - Isopropyl acetate 250 ppm 849 - Isopropyl alcohol 200 ppm 400ppm - 363 Isopropyl chloroformate 5.1 - - Isopropyl ether 250 ppm 310ppm - Isopropyl glycidyl ether (IGE) 50 ppm 75ppm - Isopropylamine 5 ppm 10ppm - 2,2'-Iminodi(ethylamine) 4.3 - - Kaolin Total dust 10 - - Kaolin respirable dust 2 - - Ketene 0.5ppm 2.6 - L.P.G. (Liquified petroleum gas) 1000 ppm - - Lead inorganic (as Pb); 0.05 - - Limestone (Respirable fraction) 5 - -

Limestone (Total dust) 10 - -

Limestone 10 - - (total inhalable)

Liquefied petroleum gas 1750 2180 - Lithium hydride 0.025 0.02 1000 ppm 364 Lithium hydroxide 1 - Magnesite Inahalable 10 - - Magnesite Total dust 10 - -

Magnesium oxide fume - Inhalable 10 - -

Magnesium oxide fume - respirable 4 - -

Magnesium oxide fume - Total Particulate 10 - -

Malathion - Total dust 10 - 350 ppm Maleic anhydride 0.01 - -

Manganese compounds (as Mn) - 3 -

Manganese compounds (as Mn) inhalable 0.2 - -

Manganese compounds (as Mn) respirable 0.05 - -

365 Manganese fume (as Mn) 0.2 3 - Marble inhalable fraction 10 - 0.04 ppm Marble Respirable fraction 5 - - Marble (Total dust) 10 - - Mercaptoacetic acid 3.8 - -

Mercury and divalent inorganic compounds including mercuric oxide and mercuric chloride 0.02 - - (measured as mercury)

Mesityl oxide 15 ppm 25ppm - Methacrylic acid 72 143 0.5 ppm

Methacrylonitrile 2.8 - - Methanethiol 1 - - Methanol 266 333 0.2 Methoxychlor - (Total dust) 10 - - 2-Methoxyethanol 3 - - 366 (2-methoxymethylethoxy) propanol 308 - 40 ppm 2-Methoxyethyl acetate 5 - - 2-Methoxyethyl acetate (Methyl cellosolve acetate) 0.1 ppm - - 1-Methoxypropan-2-ol 375 560 - 1-Methoxypropyl acetate 274 548 - 2-(2-Methoxyethoxy) ethanol 50.1 - - Methyl acetylene (Propyne) 1000 - - Methyl acetylene propadiene mixture (MAPP) 1000 1250ppm -

Methyl acrylate 2ppm - - Methyl alcohol 200 250ppm - Methyl bromide 1 20ppm - Methyl chloride 100 - - Methyl chloroform (1,1,1-Trichloro-ethane) 350 450ppm - 367 Methyl cyanoacrylate - 1.4 - 2-Methylcyclohexanone 233 350 - Methyl ethyl ketone peroxides (MEKP) 1.5 - Methyl formate - 250 - Methyl hydrazine (Monomethylhydrazine) 0.01 - - Methyl iodide 2 - - Methyl isoamyl ketone 20 ppm 50ppm - Methyl isobutyl carbinol 20 ppm 40ppm -

Methyl isocyanate 0.02 0.06ppm - Methyl mercaptan 0.5 - - Methyl methacrylate 50 416 - Methyl n-amyl ketone 50 - - 2-Methylpentane-2,4-diol 123 123 - 2-Methylpropan-1-ol 154 231 50 ppm 368 2-Methylpropan-2-ol 308 462 - Methylal (Dimethoxy-methane) 1000 - - Methylamine 5 15ppm - 3-Methylbutan-1-ol 366 458 - 4,4'-Methylenedianiline 0.08 - - Methylcyclohexane 400 - - Methylcyclohexanol 50 356 - Methylene bisphenyl isocyanate (MDI) 0.05 - - Methyl-tert-butyl-ether 183.5 367 -

5-Methylheptan-3-one 53 107 - 5-Methylhexan-2-one 95 475 - 4-Methylpentan-2-ol 106 170 - 4-Methylpentan-2-one 208 416 - Mica Total inhalable 10 - -

Molybdenum compounds (as Mo) insoluble 10 20 - 369 compounds

Molybdenum compounds (as Mo) soluble 5 10 - compounds Monochloroacetic acid 1.2 - - Monomethyl aniline 0.5 - - Morpholine 20 72 - N,N-Dimethylacetamide 36 - - N,N-Dimethylaniline 25 50 - N,N-Dimethylethylamine 30 46 0.05 ppm N,N-Dimethylformamide 15 - - n-Amyl acetate 50 100ppm -

Naphtha (Coal tar) 100 ppm - - Naphthalene 0.1 ppm 15ppm - n-Butyl acrylate 5 26 - n-Butyl alcohol 20 ppm - - n-Butyl chloroformate 5.7 - - n-Butyl glycidyl ether (BGE) 3 - - 370 n-Butyl-acetate 150 ppm 200ppm - Neopentane 1800 - - N-Ethylmorpholine 5 - - n-Heptane 2085 - - n-Hexane 50 - - Nickel carbonyl (as Ni) 0.00 ppm - - Nickel, metal and insoluble compounds (as Ni) 0.5 - - Nickel, soluble compounds (as Ni) 0.1 - - Nicotine 0.075 ppm - -

Nitric acid 2 4ppm - Nitric oxide 25 - - Nitrobenzene 1 - - Nitroethane 100 - - Nitrogen dioxide 0.2ppm 1.91 - 371 Nitrogen monoxide * 30 - - Nitrogen trifluoride 10 - - Nitroglycerin 0.05 - - Nitromethane 2 ppm 381 - Nitrotoluene (all isomers) 2 ppm - - Nitrotrichloromethane; see Chloropicrin - - 385 ppm Nitrous oxide 183 - - 1-Nitropropane 25 - - 2-Nitropropane 10 - 5 ppm

n-Methyl-2-pyrrolidone 40 80 - N-Methylaniline 2.2 - - N-Nitrosodimethylamine; see 1910.1016 - - 0.05ppm n-Propyl acetate 200 ppm 1060 0.1 ppm n-Propyl alcohol 100 ppm - - 372 n-Propyl nitrate 25 ppm - - Octachloronaphthalene 0.1 - - Octane 300 - - o-Dichlorobenzene 25 306 - Oil mist, mineral 5 10 - o-Methylcyclohexanone 50 75 - Organo (alkyl) mercury 0.01 - - Orthophosphoric acid 1 - - Osmium tetraoxide (as Os) 0.002 - -

Osmium tetroxide (as Os) 0.0016 0.0047 - o-Toluidine 2 - - Oxalic acid 1 2 610 ppm 2,2'-Oxydiethanol 101 - - Ozone 0.05 0.3 - Paracetamol, (inhalable dust) 10 - 1800 373 Paraffin wax, fume 2 6 15.6 Paraquat dichloride (ISO), respirable dust 0.08 - - Paraquat, respirable dust 0.05 - - Parathion 0.05 (IFV) - - Particulates Not Otherwise Regulated (PNOR)(i) 5 - - Respirable fraction Particulates Not Otherwise Regulated (PNOR)(i) 10 - 1 ppm (Total dust) PCB; see Chlorodiphenyl (42% and 54% chlorine) - - 0.14 ppm p-Dichlorobenzene 10 110 -

Pentaborane 0.005 0.015 0.2 ppm Pentacarbonyliron (as Fe) 8 - 0.15 ppm Pentachloronaphthalene 0.5 (IFV) - - Pentaerythritol Respirable fraction 5 - - Pentaerythritol (Total dust) 10 - - Pentaerythritol 10 20 - 374 inhalable dust Pentaerythritol 4 - - respirable dust Pentan-2-one 716 895 - Pentan-3-one 716 895 - Pentane 600ppm - - 2-Pentanone (Methylpropyl ketone) 200 ppm 150 0.1 2-Phenylpropene 246 - 5.6 (15 min) 2-Pyridylamine 2 - 0.5 ppm Pentyl acetates (all isomers) 270 - - Perchloromethyl mercaptan 0.1 ppm - -

Perchloryl fluoride 3 ppm 6 - Petroleum distillates (Naphtha) (Rubber Solvent) 1600 - - Phenol 5 ppm - - Phenyl ether, vapor 1 ppm - - Phenyl glycidyl ether (PGE) 0.1 ppm - - Phenylhydrazine 0.1 ppm 10 - 375 Phorate (ISO) 0.05 - - Phosdrin (Mevinphos) 0.01 (IFV) 0.03 - Phosgene 0.08 - - Phosgene (Carbonyl chloride) 0.1 ppm - - Phosphine 0.05 ppm - - Phosphoric acid 1 - - Phosphorus (yellow) 0.1 - - Phosphorus pentachloride 0.1 ppm - - Phosphorus pentasulphide 1m 3 - Phosphorus trichloride 0.2 ppm 0.5ppm -

Phosphorus, yellow 0.1 - - Phosphoryl trichloride 1.3 3.8 - Phthalic anhydride 0.002 (IFV) 0.005 - Picloram (ISO) 10 20 - Picloram Respirable fraction 5 - - Picloram (Total dust) 10 - - 376 Picric acid 0.1 0.3 - Pindone (2-Pivalyl-1,3-indandione) 0.1 - - Piperazine 0.1 0.3 - Piperazine dihydrochloride 0.1 0.3 - Piperidine 3.5 - - Plaster of paris inhalable fraction 10 - - Plaster of paris Respirable fraction 5 - - Plaster of paris Total dust 10 - - Platinum (as Pt) Metal 1 - - Platinum (as Pt) Metal - Soluble Salts 0.002 - -

Platinum compounds, soluble (except certain 0.002 - - halogeno-Pt compounds) (as Pt) Platinum metal 5 - - p-Nitroaniline 3 - - p-Nitrochlorobenzene 0.1 ppm - -

377 Polyvinyl chloride inhalable dust 10 - - Polyvinyl chloride respirable dust 4 - - Portland cement Inhalable dust 10 - - Portland cement Respirable dust 4 - - Potassium cyanide (as cyanide) 1 5 - Potassium hydroxide - 2 - p-Phenylene diamine 0.1 - - p-Phenylenediamine 0.1 - - Prop-2-yn-1-ol 2.3 7 -

Propan-1-ol 500 625 - Propan-2-ol 999 1250 - Propane 1000 ppm - - Propane-1,2-diol particulates 10 - - Propane-1,2-diol total vapour 474 - - Propionic acid 31 46 - 378 Propoxur (ISO) 0.5 2 - Propranolol 2 6 - Propylene dichloride 10 110ppm - Propylene imine 0.2 ppm 0.4 - Propylene oxide 2 ppm - - p-tert-Butyltoluene 1 ppm 20ppm - Pyrethrum 5 - - Pyrethrum (purified of sensitising lactones) 1 - - Pyridine 1ppm 33 - Pyrocatechol 23 - - Quartz 0.025 - -

Quinone 0.1 ppm - - Refractory ceramic fibres and special purpose fibres 5 - - - total inhalable dust Resorcinol 46 92 - Respirable dust and fumes (as V2O5) 0.05 - -

Rhodium (as Rh) metal fume and dust 0.1 0.3 - 379 Rhodium (as Rh) soluble salts 0.001 0.003 - Rhodium (as Rh), metal fume and insoluble 0.1 - - compounds Rhodium (as Rh), soluble compounds 0.001 - - Ronnel 5 (IFV) - - Rosin-based solder flux fume - 0.15 - Rotenone 5 - - Rotenone (ISO) 5 10 - Rouge inhalable fraction 10 - - Rouge Respirable fraction 4 - -

Rouge Total dust 10 - - Rouge Respirable 4 - - Rouge Total inhalable 10 - - Rubber fume 0.6 - - Rubber process dust 6 - - sec-Butyl acetate 200 ppm 1210 - 380 sec-Butyl alcohol 100 ppm 150 - sec-Hexyl acetate 50 ppm - - Selenium and compounds, except hydrogen selenide 0.1 - - (as Se) Selenium compounds (as Se) 0.2 - - Selenium hexafluoride (as Se) 0.05 ppm - - Silane 0.67 1.3 - Silica, amorphous Inhalable dust 6 - - Silica, amorphous Respirable dust 2.4 - - Silica, fused respirable dust 0.08 - -

Silica, respirable crystalline (respirable fraction) 0.1 - - Silicon carbide (not whiskers) total inhalable 10 - - Silicon carbide (not whiskers) respirable 4 - - Silicon carbide Respirable fraction 3 - - Silicon carbide Total dust 10 - - Silicon inhalable dust 10 - - 381 Silicon respirable dust 4 - - Silver (soluble compounds as Ag) 0.01 - - Silver, metal and soluble compounds (as Ag) 0.01 - - Silver, metallic 0.1 - - Sodium 2-compounds 10 20 - Sodium azide (NaN3) 0.1 0.3 - Sodium cyanide (as cyanide) 1 5 - Sodium fluoroacetate 0.05 0.15 - Sodium hydrogen sulphite 5 - -

Sodium hydroxide - 2 - Softwood dust 5 - - Starch Respirable fraction 5 - - Starch Total dust 10 - - Starch respirable 4 - - Starch total inhalable 10 - 1800(15-min) 382 Stibine 0.1 ppm - - Stoddard solvent 100 ppm - - Strychnine 0.15 - - Styrene 430 1080 - Subtilisins 0.00004 - - Sucrose Respirable fraction 5 20 - Sucrose Total dust 10 20 0.01 ppm Sulfotep (ISO) 0.1 - - Sulphur hexafluoride 1000 ppm -

Sulphuric acid 0.1 3 - Sulphuryl fluoride 5 ppm 10 - Sulphur dioxide 1.3 2.7 - Sulphur hexafluoride 6070 7590 - Sulphuric acid (mist) 0.05 - - Sulphuryl difluoride 21 42 0.5 ppm 383 Talc, respirable dust 1 - - Tantalum (total) 5 10 - TEDP (Sulfotep) 0.1 - - Tellurium and compounds (as Te) 0.1 - - Tellurium and compounds, except hydrogen telluride 0.1 - - (as Te) Tellurium hexafluoride (as Te) 0.02 ppm - - Temephos 1 - - Temephos Respirable fraction 5 - - Temephos Total dust 10 - -

TEPP (Tetraethyl pyrophosphate) 0.01 (IFV) - - Terphenyl, hydrogenated 19 48 - Terphenyls, all isomers - 4.8 - tert-Butyl acetate 966 1210 - tert-Butyl alcohol 100 ppm 150ppm - Tertiary-butyl-methylether 183.5 367 - 384 Tetracarbonylnickel (as Ni) - 0.24 0.02 ppm Tetrachloroethylene 138 275 - Tetrachloronaphthalene 2 mg/m3 - - Tetraethyl lead (as Pb) 0.075 - - Tetraethyl orthosilicate 44 - - Tetrahydrofuran 50 100ppm - Tetramethyl lead, (as Pb) 0.075 - 2000 ppm Tetramethyl succinonitrile 0.5 (IFV) - 1 ppm Tetranitromethane 0.005 ppm - - Tetrasodium pyrophosphate 5 - - 1,1,1,2-Tetrachloro-2,2-difluoroethane 100 ppm - -

1,1,1,2-Tetrafluoroethane (HFC 134a) 4240 - - 1,1,2,2-Tetrabromoethane 7.2 - - 1,1,2,2-Tetrachloro-1,2-difluoroethane 50 ppm - - 1,1,2,2-Tetrachloroethane 1 ppm - - 1,1,1-Trichloroethane 555 - - 1,1,2-Trichloro-1,2,2-trifluoroethane 1000 ppm 1250ppm - 385 1,1,2-Trichloroethane 10 ppm - - 1,2,3-Trichloropropane 0.005 - - Tetryl (2,4,6-Trinitrophenylmethylnitramine) 1.5 - - Thallium, soluble compounds (as TI) 0.1 - - Thiram 5 - - Tin compounds, inorganic except SnH4, (as Sn) 2 4 - Tin compounds, organic, except Cyhexatin (ISO), 0.1 0.2 - (as Sn) Tin, inorganic compounds (except oxides) (as Sn) 2 - Tin, organic compounds (as Sn) 0.1 0.2 - Titanium dioxide - Total dust 10 - -

Titanium dioxide Respirable 4 - - Titanium dioxide Total inhalable 10 - - 4,4'-Thiobis (6-tert,Butyl-m-cresol) 1 (IHL) - - 4,4'-Thiobis (6-tert,Butyl-m-cresol) Respirable 5 - - fraction 4,4'-Thiobis (6-tert,Butyl-m-cresol) Total dust 10 - -

386 Toluene 191 384 - Toluene-2,4-diisocyanate (TDI) 0.001 ppm (IFV) 0.005 - Tributyl phosphate 0.2 ppm - - Tributyl phosphate, all isomers 5 5 - Trichloroethylene 550 850 - Trichloronaphthalene 5 - - Trichloronitromethane 0.68 2.1 - Tridymite 0.05 - - Triethylamine 8 1ppm - Trifluorobromomethane 1000 ppm - -

Triglycidyl isocyanurate (TGIC) 0.1 - - Trimellitic anhydride 0.04 0.12 - Trimethyl phosphite 10 - - Trimethylbenzenes, all isomers or mixtures 125 - - 1 ppm (15 2,4,5-T (2,4,5-tri-chlorophenoxyacetic acid) 10 - Min) 2,4,6-Trinitrotoluene 0.5 - - 387 Triorthocresyl phosphate 0.02 (IFV) - - Tri-o-tolyl phosphate 0.1 0.3 - Triphenyl phosphate 3 6 - Tripoli (as quartz) 0.025 - - Tungsten and compounds (as W) soluble compounds 1 3 - Tungsten and compounds insoluble 5 10 - compounds Turpentine 20 ppm 850 - Vanadium 0.05 (IHL) - - Vanadium pentoxide 0.05 - - Vegetable oil mist Respirable fraction 5 - -

Vegetable oil mist Total dust 10 - - Vinyl acetate 17.6 35.2 - Vinyl chloride; 1 ppm - 0.05 Vinyl toluene 50 ppm 100ppm - Vinylidene chloride 8 20 - Warfarin 0.1 - - 388 Wool process dust 10 - - Xylene, o-,m-,p- or mixed isomers 220 441 - Xylidine 0.5 ppm - - Yttrium 1 - - Zinc chloride fume 1 2 - Zinc distearate 10 20 - Zinc distearate inhalable dust 4 - - Zinc oxide fume 2 10 300 ppm Zinc oxide Respirable fraction 2 10 - Zinc oxide Total dust 10 - - Zirconium compounds (as Zr) 5 10 -

Explanatory notes • The Carc, Sen and Sk notations are not exhaustive • TWA reference period - is Time-weighted Average reference period • IFV - Inhalable fraction of vapour • Default units are mg/m3 • PPM is used where mg/m3 is not the default • For the avoidance of doubt, prohibited chemicals will not be regulated. • C: Ceiling of maximum allowable concentration.

SCHEDULE 6

Regulations 20(1), 24(f), 25(d) and 28(1)

INDOOR AIR QUALITY STANDARDS

No. Pollutant Averaging time Concentration (mg/m3) Asbestos - No safe level of exposure. Benzene - No safe level of exposure. 15 minutes 100 1-hour 35 Carbon monoxide 8-hours 10 24-hour 7 Formaldehyde 30-minutes 0.1 Naphthalene Annual average 0.01 1-hour 200 μg/m3 24-hours 30 μg/m3 Nitrogen dioxide 40 μg/m3 Annual average

Ozone 8-hours 100 μg/m3 24-hours 60 μg/m3 PM10 Annual average 40 μg/m3 24-hours 35 μg/m3 PM2.5 Annual average 25 μg/m3 Polycyclic No safe level of Aromatic - exposure. Hydrocarbon (PAH) Radon - 100 Bq/m3 10 minutes 500 μg/m3 Sulphur dioxide 1-hour 50 µg/m3 SO2 24-hours 20 μg/m3 Tetrachloroethylene Annual average 0.25 Trichloroethylene Annual average 4.3 × 10-7 per μg/m3

SCHEDULE 7

Regulations 29(1) and 35(1)

SHORT TERM AIR QUALITY ACTION PLAN

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Negligent acts”.

“(1) A person who-”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Negligent acts”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) A person who-
  2. (a) neglects to maintain any equipment or a vessel;
  3. (b) fails to develop and implement an air quality compliance monitoring programme or air quality management plan;
  4. (c) fails to install or use air quality monitoring equipment, commits an offence and is liable, on conviction,- (i) in the case of an individual, to a fine not exceeding twenty thousand currency points or imprisonment not exceeding four years, or both; (ii) in the case of a body corporate, to a fine not exceeding fifty thousand currency points; or (iii) in the case of a continuing offence, to a fine not exceeding two thousand currency points in respect of each day or part of day on which the offence continues.
  5. (2) A person who operates without a licence required under these Regulations commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both.
  6. (3) The owner, operator or occupier of premises in a control area who refuses, fails or neglects to immediately undertake remedial action where indoor air quality in those premises deteriorates severely, thereby causing concern of severe public health hazards, commits an offence and is liable, on conviction to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Location of excess pollution
(a)

District/area …………………………………………………. (b) City/town (map) ……………………………………………… (c) Measuring station (map, geographical co-ordinates) …………

2. General information
(a)

Type of zone (e.g. city, industrial, residential area, whether control area or not) …………………………………………… (b) Estimate of the polluted area (km2) and of the number of people exposed to the pollution……………………………………… (c) Useful climatic data ………………………………………… ………………………………………………………………… ………………………………………………………………… (d) Relevant data on topography ………………………………… ………………………………………………………………… ………………………………………………………………… (e) Sufficient information on the type of targets to be monitored in the area ………………………………………………………………… …………………………………………………………………

3. Responsible authorities, (names and addresses of

persons responsible for the development and implementation of air quality plans)

……………………………………………………………………… ………………………………………………………………………

4 Nature and assessment of pollution, including- (a) Concentrations observed over previous years (before the implementation of the improvement measures) ………………………………………………………………… …………………………………………………………………

(b)

Concentrations measured since the beginning of the project ……………………………………………………………… ……………………………………………………………

(c)

Techniques used for the assessment ………………………………………………………………… …………………………………………………………………

5. Origin of pollution, including
(a)

List of the main emission sources responsible for the pollution (map, if necessary) ………………………………………………………………… ………………………………………………………………

(b)

Total quantity of emissions from these sources (tonnes per year) ………………………………………………………………… …………………………………………………………………

(c)

Information on pollution originating from other regions or areas ……………………………………………………………… ………………………………………………………………

6. Analysis of the status of pollution, including
(a)

Details of factors responsible for excess emissions beyond the prescribed value or target value ………………………………………………………………… ………………………………………………………………

(b)

Details of appropriate measures for improvement of air quality ………………………………………………………………… …………………………………………………………………

7. Details of measures to reduce air

pollution and to improve air quality (a) Local, national and regional measures (as appropriate) ………………………………………………………………… ………………………………………………………………… (b) Observed impacts of the measures ……………………………………………………………… ……………………………………………………………… (c) Schedule for implementation ………………………………………………………………… …………………………………………………………… (d) Estimated time required for improvement of air quality and to attain the objectives of this paragraph (facilities with the greatest amount of pollution may be given more time to comply as compared to facilities where pollution is less, but compliance measures may be stricter). ……………………………………………………………… ………………………………………………………………

8. Details of measures planned or being

researched on for the long term management of air quality. …………………………………………………………………… ………………………………………………………………………

9. Any other information as the Authority may deem necessary

……………………………………………………………………… ………………………………………………………………………

SCHEDULE 8

Regulation 37(1)

ANNUAL EMISSIONS COMPLIANCE REPORT

1. Name of facility……………………………………………………

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2. TIN. …………………………………………………………………

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3. Address
(a)

P.O. Box……………………………………………………… (b) Telephone No. ………………………………………………. (c) Fax…………………………………………………………… (d0 Email:……………………………………………….………..

4. Name of contact person……………………………………………

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5. Designation of contact person ………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Location of the facility (GPS coordinates,

plot number, village, parish subcounty/town council, division, city/district) ……………………………………………………………………… ………………………………………………………………………

7. Type of pollutants ……………………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Source of emissions (include a map and GPS coordinates)

……………………………………………………………………… ………………………………………………………………………

9. Test methods for each parameter

……………………………………………………………………… ………………………………………………………………………

10. Emission concentrations (mg/m3)

……………………………………………………………………… ………………………………………………………………………

11. Emission control measures and technology

…………………………………………………………………… ………………………………………………………………………

12. Whether emission limits have been exceeded

Yes/No. (Tick as appropriate).

If yes, state the parameters exceeded (including indoor air standards) and by how much ……………………………………………………………………… ………………………………………………………………………

13. First observation of the excess emissions
(a)

Period _________ date ______________________20___

14. Cause and duration of the excess emissions
(a)

Cause ………………………………………… (b) Duration of excess emissions: _____ hours ____ days ______ months.

15. Source(s) that caused the excess emissions
(a)

……………………………………………………………… (b) … … … … … … … … … … … … … … … … … … … … … … …

16. Estimated rate of emissions from specific

sources (expressed in the units of applicable emission limits). ……………………………………………………………………… ………………………………………………………………………

17. Areas and persons affected by the pollution

……………………………………………………………………… ……………………………………………………………………

18. Proposed corrective actions and schedule to

correct the conditions causing the excess emissions. (a) ………………………………………………………………… (b) …………………………………………………………………

19. Status of compliance attained after implementation

of corrective actions ……………………………………………………………………… ………………………………………………………………………

Signature …….………date ……………………………………20……..

Position …………………………

____________________________________________________________

Official use only

Observations/recommendations/actions required ……………………………………………………………………………… ……………………………………………………………………………… ……… ……………………………………………………………………… ……………… ………………………………………………………………

Dated this…………………. ……………………………………. 20…….

Signature…………………………………… (Seal)

SCHEDULE 9 Regulations 42(2) and 50(2) FORMS

FORM 1

APPLICATION FOR AIR POLLUTION CONTROL LICENCE

(To be completed in triplicate) Application Reference No_________________

Licence No___________________________ (in case of renewal)

Part A: General

1. Name, physical and postal address and legal status of

the applicant (whether individual, partnership or company) ______________________________________________________ ______________________________________________________

2. Brief description of the facility, its

location and the processes or activities undertaken ______________________________________________________ ______________________________________________________

3. Description of the technical competence and

experience of the applicant including the personnel _____________________________________________________ _____________________________________________________

4. Demonstration of how all reasonably practicable

and appropriate measures to control emissions within acceptable limits have been taken to no avail. _______________________________________________________ _______________________________________________________

5. Description of best environmental practices to

be used at the facility or operations _______________________________________________________ _______________________________________________________

6. Description of the best available technologies

and equipment to be acquired, including any modifications in the technology required _______________________________________________________ _______________________________________________________

7. Description of emitting equipment

_______________________________________________________ _______________________________________________________

8. Type of pollutants
(a)

__________________________________________________ (b) __________________________________________________

9. Normal operating emission levels (expected emission

levels, nature and concentrations of actual emissions) (a) __________________________________________________ (b) __________________________________________________

10. Emissions levels at start-up, maintenance and

shut-down of equipment (a) __________________________________________________ (b) __________________________________________________

11. Proposed emission control mitigation measures
(a)

__________________________________________________ (b) __________________________________________________

12. Include a compliance plan indicating the

proposed activities and the schedule for bringing the facility into compliance (tick as applicable)- • Expected emissions from the facility are likely to exceed the applicable emission standard; • Dispersion modelling is done for any expected emissions from the facility, and the emissions are found to be likely to exceed the ambient air quality standard; or • Expected ambient air quality measurements at required monitoring locations exceed a prescribed air quality standard.

13. Site layout plan of polluting equipment

(attach sketch and GPS coordinates)

(a)

Distance of the equipment from the nearest receptors or other sensitive area(s) __________________________________________________ __________________________________________________

(b)

Emission (fall-out) point __________________________________________________ __________________________________________________

14. Emission control equipment in place

_______________________________________________________ _______________________________________________________

15. Duration of licence applied for

From ___________ day/______________/month ___________/year

16. Other relevant information on non-point sources

or fugitive emissions or other operations contributing to the air pollution in the areas of concern ________________________________________________ _______________________________________________________

17. Anticipated date of compliance _______ day

_____ month ____year

18. Road map to compliance with relevant air quality standards
(a)

__________________________________________________ (b) __________________________________________________

19. Air quality monitoring programme (whether

it is to be developed/is available, or needs to be reviewed and updated). _______________________________________________________ _______________________________________________________ (Attach other information, if necessary)

PART B. Facility compliance record in the case of renewal of licence.

1. Is the facility in operation? Yes:_____ No: ______ Partially

_______ (Tick as appropriate)

(a)

. If Yes, please provide date when the facility started operation. __________________________________________________ __________________________________________________

(b)

. If partially, provide details __________________________________________________ __________________________________________________

(c)

. If No, please provide reasons for non-operation. __________________________________________________ __________________________________________________

2. During the duration of the licence,

were measures taken to bring the emissions within acceptable limits?

If Yes, state the nature of those measures. _______________________________________________________ _______________________________________________________

If Yes, state why you need more time to comply? _______________________________________________________ _______________________________________________________

3. What are the resources needed to

bring the facility into compliance with acceptable emission limits? _______________________________________________________ _______________________________________________________

4. Is an Environment Management System (EMS) established and

implemented for the facility? Yes_____ No_____

If yes, provide summary of the Environment Management System (EMS), and level of implementation of the EMS. _______________________________________________________ _______________________________________________________

5. Is the environmental management and monitoring

plan up todate and functional? Yes _____ No ______ (Tick as appropriate)

If No, indicate how it will be updated if the facility licence is renewed (if application is for renewal of licence).

_______________________________________________________ _______________________________________________________

6. Will there be new technologies and processes? Yes _____ No

______ Partially _______ (Tick as appropriate)

If Yes, attach a report of the nature of technologies and processes and the proposed best environment practices and best available technologies likely to be used in the project ___________________ _______________________________________________________ _______________________________________________________

7. Has the operator undertaken environmental compliance

audits if due? Yes ________ No________ (tick as appropriate)

If Yes, provide copies of the audit report and responses to the audit from the Authority or Lead Agency. _______________________________________________________ _______________________________________________________

If No, give reasons why _______________________________________________________ _______________________________________________________ (Attach other information if necessary)

8. Ambient air quality report (attach)
(i)

On-site point source emission measurement (ii) Off-site emission measurement

9. How effective are the air quality

compliance monitoring programme and air quality management plans for the facility? _______________________________________________________ _______________________________________________________ (Attach other information if necessary)

10. Adequacy of existing monitoring data for air quality;

_______________________________________________________ _______________________________________________________ _______________________________________________________ (Attach other information if necessary)

11. How the monitoring data relates to

past, present and future facility operating conditions; _______________________________________________________ _______________________________________________________

(Attach other information if necessary)

12. Effectiveness of proposed interventions towards achieving

continuous improvement. _______________________________________________________ _______________________________________________________

(Attach other information if necessary)

Part C

1. Any other information/approvals

_______________________________________________________ _______________________________________________________

2. Attach

a copy of the current licence (if application is for renewal) _______________________________________________________ _______________________________________________________

3. Attach a certificate of approval of

environmental and social impact assessment, where applicable.

4. Attach evidence of compliance with the

conditions of a licence to be renewed including where applicable, a summary of the most recent environmental compliance audit report and where available, the response of the Authority to the audit report (if application is for renewal).

5. Attach

a copy of the most recent annual emissions report (if application is for renewal)

6. Attach a fugitive emission control when requested

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Attach a record of safety equipment

and measures applied before including the best available technology and best environment management practices (if the application is for renewal). _______________________________________________________ _______________________________________________________

I declare that the information stated in this application is correct true and correct to the best of my knowledge.

Signature: ____________________________________________________

Name of applicant______________________________________________

Designation and title of applicant___________________________________

Contact information (phone number, e-mail and other) ____________________________________________________________ ____________________________________________________________

Date: ___________________________________________

Note:

1. The applicant shall lodge

an application for renewal of a licence within sixty days prior to the expiry of the current licence

2. The applicant shall be notified in writing

where the Authority rejects the application for renewal of the licence, with reasons for the rejection.

3. If the renewal of the licence

is approved, a new licence shall be issued

4. If the information given in the

application is false, misleading, wrong or incomplete, it may lead to rejection of the application or suspension, withdrawal, amendment or cancellation of the licence, if granted.

5. This form must be submitted in

triplicate, upon payment of the prescribed fees.

____________________________________________________________ (For Official Use Only)

Comments of the lead agency (attach additional comment as necessary) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Where applicable, comments from the public (attach additional comments as necessary) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Application received on a date______________________20____________

Fee paid Shs: ___________ (in words) ______________________________

Inspection by the technical committee on control of pollution ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Comments of the Committee (attach additional comment as necessary) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Decision of Committee ____________________________________________________________ ____________________________________________________________

_________________________ ______________________________ Chairperson, Technical Committee on Date Pollution Control.

Date when decision was communicated to applicant (attach communication to this form)

FORM 2

Regulation 46(3)

AIR POLLUTION CONTROL LICENCE.

Application reference: _______________________

Licence No: PC/AIR: ________________________

Name of facility: ____________________________________________________________ ____________________________________________________________

Address: ____________________________________________________________ ____________________________________________________________

Location of facility ____________________________________________________________ ____________________________________________________________ (Include GPS coordinates, block and plot number/village/parish/ward/subcounty/division/county/district and size of plot).

Brief description of facility ____________________________________________________________ ____________________________________________________________ (Describe type of facility)

This licence is valid from _________20_______ to __________20________

This licence is granted subject to the following conditions:

1. Permitted emission limits for the facility

_______________________________________________________ _______________________________________________________

2. Performance standards to which the facility is subject

_______________________________________________________ _______________________________________________________

3. Operational controls required, including alert systems that warn

if the permitted emission limits are being exceeded. _______________________________________________________ _______________________________________________________

4. Pollution abatement and risk reduction measures

_______________________________________________________ _______________________________________________________

5. Air quality monitoring programmes and

air quality management plans _______________________________________________________ _______________________________________________________

6. Other conditions for the protection of human health and the

environment _______________________________________________________ _______________________________________________________

Date: ______________________________________

Signature: ___________________________________

………………………………………………………… Chairperson, Technical Committee on Pollution Control, National Environment Management Authority.

SCHEDULE 10

Regulations 42(2), 50(2), 52(3).

FEES

Application for licence/renewal/ variation/transfer of licence - Ushs. 100,000/=

Licence fee - Ushs. 200,000/=

Inspection of records/database - Ushs. 50,000/=

Cross Reference

Constitution Access to Information Act, 2005, Act 6 of 2005 National Climate Change Act, 2021, Act 22 of 2021 National Environment (Audit) Regulations, 2020, S.I 47 of 2020 National Environment (Environmental and Social Assessment) Regulations, 2020, S.I. 143 of 2020 National Environment (Management of Ozone Depleting Substances and Products) Regulations, 2020, S.I. 48 of 2020 Occupational Safety and Health Act, 2006, Act 9 of 2006 Petroleum Supply Act, 2003, Act 13 of 2003 Public Health Act, Cap. 281 Traffic and Road Safety Act, 1998, Cap. 361

HON. SAM CHEPTORIS, Minister of Water and Environment.

Original Laws of Uganda consolidation (as at 26 April 2024) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.