Protection of the Environment Operations (Clean Air) Regulation 2022

Part 2: Domestic solid fuel heaters

The EPA administers the requirements of the Regulation for wood heaters.

There are no major changes to the provisions for wood heaters as part of the 2022 remake of the Regulation ​as the latest and strictest emission and efficiency limits took effect from 1 September 2019 and continue to apply.

Local councils manage wood smoke from wood heaters. Find more information on managing wood smoke.

Requirements for solid fuel heaters

Each heater sold in NSW must have a certificate of compliance certifying that the heater model has been tested in accordance with the Australian Standards and each heater must be marked accordingly.

The Regulation also prohibits a person from tampering with heaters or from marking on a heater that it complies with the Standard if there is no relevant certificate of compliance in force.

• Check your heater complies with the standard.

Part 3: Control of burning

There are no major changes to provisions for the control of burning as part of the 2022 remake of the Regulation as the existing controls for burning under the Regulation are current and effective.

The Regulation was amended in April 2021 to reflect changes to council boundaries following amalgamation of some councils. Some councils chose  to update their Schedule 1 listings, setting out what can be burned in their local areas.

• See more information on open burning.

Councils may be listed in one or more parts of Schedule 1

Schedule 1 of the Regulation lists local government areas in which burning is prohibited. A council can choose which Part or Parts of Schedule 1 will apply to their local government areas. The three Parts provide different levels of control of burning:

• Part 1 – no burning, including of any domestic waste or vegetation, is allowed in a local government area unless approved by the EPA
• Part 2 – no burning is allowed in a local government area, except burning of vegetation approved by the council, for example, council may approve the burning of vegetation grown on rural lots that do not have green waste collection
• Part 3 – other than vegetation, no burning is allowed in a local government area unless approved by the EPA, for example, where there is no domestic waste collection service.

The EPA encourages listing of councils under Schedule 1, however it is voluntary. If a council does not list under any part of Schedule 1, burning of anything not specifically prohibited by the Regulation (that is, tyres, paint and solvent containers and treated timber) could occur in that local government area. This includes household waste and vegetation. However, there is a general requirement under section 9 of the Regulation that a person burning anything in the open or an incinerator must use all practicable means to prevent or minimise air pollution.

A council can be added to or change its existing listing in Parts 1, 2 or 3 of Schedule 1 by

• a formal proceeding and approval by a majority of council members, or
• a decision made under a delegation, for example, by the General Manager.

Councils must also advise the EPA in writing of the change to their Schedule 1 listings so we can arrange for the Regulation to be amended for the listing to take effect.

Part 4: Motor vehicles

• Heavy vehicles over 4.5 tonnes have been excluded from the requirements for excessively smoky vehicles and installation and maintenance of anti-pollution devices on motor vehicles.
  This is because the Heavy Vehicle (Vehicle Standards) National Regulation 2013, administered in NSW by Transport for NSW, has the same requirements for heavy vehicles relating to emissions of smoke and the removal, disconnection or impairment of anti-pollution devices.
  This change will not impact motor vehicle emissions regulation in NSW.
  • See more information on reducing motor vehicle emissions.
• The division of the Regulation covering the vapour pressure of petrol has been moved from Part 4 to Part 8 of the Regulation.

Part 5: Air impurities emitted from activities and plant

Plant and activities on scheduled premises currently classified in Groups 3 and 4 of the Regulation (which commenced operation between 1 July 1979 and 1 August 1997) will be moved to the stricter air emission standards of Group 5 by 1 November 2027 and Group 6 by 1 November 2030.

Effects on activities and plant in Groups 3 and 4 

Many of the Group 3 and 4 activities and plant have already upgraded their pollution control equipment under their licence conditions and pollution reduction programs. Some licence holders may only need to demonstrate that their equipment already meets the Group 5 or Group 6 emission standards. For other licence holders, equipment upgrades may be needed to meet requirements. There are several options for licence holders to meet requirements.

Options for meeting the requirements

The phased transition approach for older activities and plant to the more stringent emission standards provides a structured path to upgrade. It aims to promote environmental performance and provide greater certainty for new investment with sufficient lead times for industry to purchase and implement upgrades. There is also a transparent process for seeking alternative emission limits where upgrades are not economically feasible. Some options offer a more streamlined approach for licence holders already working to improve environmental outcomes or transitioning to a low carbon economy under other government initiatives.

Licence variations

Applications for a licence variation under section 48 of the Regulation must be received by the EPA 12 months before the day on which the condition is required. For example, to retain legacy conditions before Group 5 requirements come into effect, an application must be made by 1 November 2026.  It is up to industry to demonstrate their emissions have acceptable impacts on the community and the environment and to meet their licence limits in a cost-efficient manner, including through the requirement to provide an air pollutant impact assessment with any application for a licence variation to include a legacy condition.

Section 49 of the Regulation requires the EPA to consider in its determination the impact of a licence variation on local and regional air quality and amenity, with regard to existing pollution reduction programs, control equipment, any load reduction agreements, the principles of ecologically sustainable development (including economic factors) and any other relevant matters. Variations may be renewed for five years.

Part 6: Volatile organic liquids – tanks and loading plant and
Part 7: Volatile organic liquids – large tanker trucks

• More stringent volatile organic compounds (VOCs) emission limits and control equipment requirements have been introduced which are reflective of available control technology and practice for volatile organic liquids (VOLs) in storage tanks and loading plants.
• From 1 July 2024, control equipment requirements for tanks and loading plant (Part 6) and large tanker trucks (Part 7) will apply to an expanded area.

Expansion of the control area for storage tanks, loading plants and tanker trucks

The control area is being expanded from the Sydney metropolitan area to cover areas with large populations where high levels of ozone in summer months have been recorded. Populations and commercial and industrial activity, including major fuel distribution facilities, are growing in these areas. Controlling volatile organic liquid-related air emissions will help reduce VOCs which contribute to ozone formation.

The expanded control area will be the same as the stage one vapour recovery zone in which controls are required to capture VOCs from petrol service stations. This includes

• the Sydney metropolitan area and the local government areas of the Blue Mountains, Wingecarribee and Wollondilly
• the Central Coast metropolitan area
• the Illawarra region, including Wollongong and the local government areas of Kiama, Shellharbour and Shoalhaven
• the Lower Hunter region, including Newcastle and the local government areas of Lake Macquarie, Cessnock, Maitland and Port Stephens.

Part 8: Petrol

The division of the Regulation covering vapour recovery at service stations has been moved from Part 6 to Division 2, Part 8 of the Regulation. The summer petrol volatility period has been extended to 1 November to 31 March to better align with the period in which hotter temperatures occur and increase the amount of evaporative volatile organic compound emissions.

No changes to Stage 1 and Stage 2 vapour recovery at service stations were proposed as vapour recovery controls have been fully implemented across the metropolitan areas of NSW.

• See vapour recovery at service stations.

Part 9: Sulfur in liquid fuel

The provisions covering sulfur in liquid fuel have been moved from Part 5 to Part 9 of the Regulation.

Minor changes include

• amending the method for determining the sulfur content in liquid fuel from TM-6 to ASTM D5453.
• aligning the requirements for the sulfur content of liquid fuel with the Commonwealth Fuel Quality Standards Act 2000.