Change 2 - Air Quality

Status: Beyond Challenge
Operative Date: 1 January 2012

Overview

The Hawke’s Bay Regional Council has completed Change 2 to the Regional Resource Management Plan and has given public notice that Change 2 will become operative on 1 January 2012. 

Explanation

Change 2 introduced new air quality provisions, and changed existing air quality provisions in the Regional Resource Management Plan. In particular new rules are included to control domestic woodburners, and existing rules controlling industrial discharges are amended. The new and amended provisions aim to: 

• improve air quality within the region to a standard which achieves compliance with small airborne particulate matter (PM₁₀) concentrations required by National Environmental Standards, and
• improve local and ambient air quality.

Background

Change 2 was publically notified on 10 December 2008. The submission period was open until 30 March 2009. A total of 195 submissions were received from a range of groups and individuals raising over 1100 individual points. 23 Further submissions were received. Hearings were held in November 2009 to consider all submissions, and decisions were released on 17 March 2010.

Three appeals were lodged against Council’s decisions, by Horticulture NZ, Napier City Council and Solid Energy’s Appeal. All appeals were resolved without the need for an Environment Court hearing. 

What about Variation 2 – Air Quality

Variation 2 to proposed Regional Coastal Environment Plan, is a replica of Change 2, albeit that Variation 2 only applies within the coastal environment.  

Appeals on Variation 2 to the proposed Regional Coastal Environment Plan were settled at the same time as appeals on Change 2, meaning Variation 2 is beyond challenge.

However, Variation 2 will not be made operative on 1 January 2012. This is because Variation 2 is amending a proposed plan that itself is not yet operative. Variation 2 will be made operative at the same time the proposed Regional Coastal Environment Plan becomes operative.

Key Features in Rules

Napier and Hastings Airsheds

Both the Napier and the Hastings Airsheds have been divided up into two Airzones, referred to as Airzone 1 and Airzone 2. Airzone 1 generally covers the urban areas of Hastings, Flaxmere, Havelock North and Napier (Airzone 1 covers those areas most affected by small particulate (PM₁₀) contaminants). Airzone 2 covers the remaining areas within the Napier and Hastings airsheds.

Napier Airshed and Airzones

Hastings Airshed and Airzones

 Open fire and non complying burner phase out dates

The following open fire and burner phase out dates apply within the Napier and Hastings Airzones:

Open fire or burner installation date	Airzone 1: Napier and Hastings Airsheds		Airzone 2: Napier and Hastings Airsheds
	(property < 2 ha in size )	(property >2 ha in size )	(all property sizes)
Open fires	Prohibited from use –     1 Jan 2012	Existing open fires can continue to be used – no new open fires to be installed	Open fires existing prior to 10 Dec 2008 can still be used. Open fires installed since 10 Dec 2008 prohibited from use - 1 Jan 2012
Pre 1996 non-compliant burners	Prohibited from use –    1 Jan 2014	No phase out date	No phase out date
Non-compliant burners installed between 1 Jan 1996 and 31 Aug 2005	Prohibited from use –    1 Jan 2016	No phase out date	No phase out date
Post 1 Sept 2005 non-compliant burners	Prohibited from use –    Hastings = 1 Jan 2018 Napier = 1 Jan 2020	No phase out date	No phase out date

NOTE: The Regional Council has financial assistance programmes to assist homeowners to replace their open fire or non-complying burner.

NOTE: a non compliant burner is a burner which exceeds the emission limit of 1.5 g/kg specified in the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004.

Change of Ownership Rule

From 1 January 2012, if your property is less than 2 hectares in size and located within Airzone 1 of either Napier Airshed or Hastings Airshed, then any non-compliant woodburner or open fire is prohibited from use after ownership of the property is transferred.

NOTE: A transfer of ownership includes the sale of a house, or transfer of a property into a trust. However, the rule does not apply in the event of death of a partner, or when the surviving partner continues to occupy the property.

Burner emission limits

The following burner emission limits apply within the Napier and Hastings Airsheds: 

Airshed / Airzone	Burner emission limit
Hastings Airshed - Airzone 1 (properties < 2ha in area)	1.0 g/kg   for all freestanding fires (with or without a wetback); and insert burners without a wetback 1.5 g/kg   for insert burners with a wetback
Hastings Airshed – Airzone 1 (properties > 2ha in area)	1.5 g/kg for all burners
Hastings Airshed – Airzone 2(all properties)	1.5 g/kg for all burners
Napier Airshed – Airzones 1 and 2(all properties)	1.5 g/kg for all burners
Beyond Napier Airshed and Hastings Airshed(properties < 2ha in area)(properties > 2ha in area)	1.5 g/kg for all burners 1n/a

NOTE 1: Woodburner emission limit of 1.5g/kg applies to all properties less than 2ha regardless of whether property is within or beyond an Airshed. This limit is specified in the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004.

Outdoor burning

For outdoor burning during the months May – August (inclusive) within the Napier and Hastings Airsheds, a resource consent must be obtained from the Regional Council prior to burning occurring. An exception to this is if the outdoor burning is on horticultural production land for the purposes of disease control or orchard/vineyard redevelopment, in which case, no resource consent is required.

NOTE 1: Outdoor fires used for cooking (such as bbqs, pizza ovens, hangi or braziers) are permitted all year round.

NOTE 2: Napier City Council has an existing outdoor burning bylaw which prohibits outdoor burning in residential areas. Outdoor burning rules do not override territorial local authority bylaws. 

Frequently Asked Questions

For further information please read the Air Quality Plan Change frequenty asked questions.

Need More Information  

If you would like further information about the rules contained within Change 2, the Regional Council's funding assistance programme, Hawke’s Bay air quality, or proposed changes to the National Environment Standard, please email your contact details and query to our Healthy Homes Programme Manager, or contact the Regional Council on 06 835 9200.