This Rule does not apply to:
Plantation forestry activities as from 1 May 2018 these activities are regulated under the National Environmental Standards for Plantation Forestry Regulations 2017(external link).
The discharge of contaminants into air in connection with:
is a permitted activity subject to the following condition:
The discharge of contaminants into air from the combustion of hydrocarbons and biogas at a combined rate of combustion exceeding two megawatts where:
is a controlled activity (requiring resource consent) subject to the following standards and terms:
Waikato Regional Council reserves control over the following matters:
Application for a resource consent under this Rule will be considered without notification or the need to serve notice on affected persons, in accordance with sections 93(1)(a) and 94D(3) of the RMA.
Explanation and Principal Reasons for Adopting Methods 126.96.36.199 and 188.8.131.52
Rule 184.108.40.206 permits the discharge of contaminants to air in relation to the small scale production, storage, transfer and small scale flaring of hydrocarbons and biogas. This Rule applies to the discharges from both industrial or trade premises and non-industrial or trade premises.
The production of biogas not exceeding 200 cubic metres per day is permitted under Rule 220.127.116.11 part 1 because this level is unlikely to have adverse effects on air quality. Waikato Regional Council wishes to encourage the recovery of biogas and facilitate any small scale recovery processes or investigations associated with larger recovery operations.
The technology and risks associated with larger scale operations are such that a consent process is necessary to ensure that adverse effects associated with such larger plants are adequately avoided, remedied or mitigated.
Small scale flaring and combustion (not exceeding two megawatts) is permitted under Rule 18.104.22.168 part 2. Such burning is considered to have minor adverse effects on neighbouring properties, such as light spill. This provision allows for flaring or combustion of gases from sites such as landfills, which is a preferred method to the uncontrolled release of these contaminants into the air.
The transfer and storage of hydrocarbons and biogas is permitted under Rule 22.214.171.124 part 3 because the effects of the discharge from any associated ventilation pipes are generally minimal.
Rule 126.96.36.199 enables the discharge of contaminants from the combustion of hydrocarbons and biogas from consented landfills for the purpose of generating electricity. This activity is enabled relative to other similar activities because the effects that need to be avoided, remedied or mitigated are largely already addressed in the consents for the landfill. The Rule also permits discharges ancillary to the flaring of hydrocarbons from a consented landfill at times when electricity generation systems are not operational. All that is required is a specific management plan and air pollution control equipment appropriate to the site.
The actual production of hydrocarbons including the refining, purification, and reforming of hydrocarbons and any other hydrocarbon and biogas processing not covered in Rule 188.8.131.52 or 184.108.40.206 is a discretionary activity and requires a resource consent under Rule 220.127.116.11.