Tanzania
Environmental Management Act, 2004
Environmental Management (Air Quality Standards) Regulations, 2007
Government Notice 237 of 2007
- Published on 1 January 2007
- Commenced on 1 January 2007
- [This is the version of this document from 1 January 2007.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Environmental Management (Air Quality Standards) Regulations, 2007.2. Interpretation
In these Regulations, unless the context requires otherwise—“Act” means the Environmental Management Act;[Cap 191]“Council” means the National Environment Management Council established under the Act;"Director General" “means the Director General of the National Environment Management Council;"unexpected emission" means emissions that do not and could not reasonably pass through a conventional outlet or a stack, chimney, vent or other functionally equivalent opening;“ambient air” shall mean an outdoor air to which people, plants, animals or material are in normal circumstances exposed;“suspended particulate matter” shall mean airborne particles of 10 microns or less in diameter;“emission limit” is the highest permissible quantity of pollutants released into the air from a pollution source, expressed as the concentration of pollutants in relation to one unit of production or to the degree of air pollution caused by such sources;“imission” shall mean transfer of pollutants from the atmosphere to a receptor;“imission limit” is the highest permissible weight concentration of pollutants contained in the air;“main polluting activity” means an activity that does not comply with minimum quality standards prescribed under these Regulations for which prior grant of emission permit by the Council is mandatory;3. Object
The object of these Regulations shall be to—Part II – The National Environmental Standards Committee
4. Setting minimum standard of air quality
5. Ambient, receptor, emission and specification standards
6. Publication of the air quality standards
The Minister shall publish in the Gazette the minimum air quality standards prepared by the National Environmental Standards Committee.Part III – Compliance with minimum air quality standards
7. Compliance with air quality standards
8. Prohibition to emission hazardous substances, chemicals and materials or gas etc.
9. Imission limits
A person undertaking any activity shall be required to comply with the highest permissible imission limits from the atmosphere to a receptor and respective test methods for sulphur oxides, carbon monoxide, black smoke and suspended particulate matters, nitrogen dioxide, nitrogen dioxide, ozone as prescribed in the First Schedule to these Regulations.10. Highest permissible quantity of emission
A person who undertakes an activity shall be required to comply with highest permissible quantity of emission of sulphur oxides, carbon monoxide, hydrocarbon as total organic carbon, dust, nitrogen oxides or lead released into the air from a pollution source and respective test methods prescribed under the Second Schedule to these Regulations.11. Specific tolerance limits of emissions from cement factories
Notwithstanding other provisions of these Regulations, tolerance limits of inactive dust, oxides of nitrogen and sulfur dioxide emissions from cement factories into the air shall be as prescribed in the Third Schedule to these Regulations.12. Exhaust emissions of motor vehicles
A person owning, driving or controlling motor vehicles shall ensure that the vehicle comply with permissible limits of substances found in exhaust emissions of motor vehicles prescribed in the Fourth Schedule to these Regulations.13. Enforcement powers of the Council
Part IV – Air pollutant emission permits
14. Air pollutant emission permit
15. Review of compliance plan
16. Duration of air pollutant emission permit
The air pollutant emission permit shall be valid for a period of five years from the date of the grant of the permit and shall be renewable on application for a period of successive three years.17. Non-transferability of permit between facilities
The air pollutant emission permit shall not be transferable from one facility to another facility.18. Transfer and change of ownership or operation
19. Fees for emission of pollutants
A person who is permitted to emit pollutants pursuant to the provisions of these Regulations shall be required to pay fees as may be prescribed by the Minister.20. Other registration fees
A person who is applying for registration in accordance with the provisions of these Regulations shall be required to pay such fees as may be prescribed by the Minister.Part V – Air quality compliance and enforcement
21. Taking and analysis of samples
The taking of samples and analysis shall be carried out by the Council and laboratories accredited or designated in accordance with the Act.22. Compliance orders
23. Protection orders
24. Stop orders
25. Powers of environmental inspectors
An environmental inspector appointed or designated shall have and exercise powers as conferred upon him by the Act.26. Emergency powers to prevent emissions
27. Disobeying environmental inspectors
A person who—28. Accidental or inadvertent emissions
29. Reward for reporting emission or pollution
The Minister may provide a reward to any person reporting an incident of accidental, concealment or inadvertent emission or pollution of the air.30. Enforcement of environmental quality standards
31. Control of gaseous wastes
A person who violates rules or procedures prescribed by a local government authority on gaseous and particulate wastes commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both.Part VI – Records and reporting
32. Records and reporting
Part VII – Offences and penalties
33. Offences relating to environmental standards
A person who—34. Compounding of offences
Part VIII – Miscellaneous provisions
35. Appeal to the Minister
A person who is aggrieved by the decision of the Council, an Environmental Inspector, a City Environment Management Officer, a Municipal Environment Management Officer, a District Environment Management Officer or a Town Environment Management Officer made under these Regulations may within thirty days of the decision appeal to the Minister.36. Appeal to the Tribunal
A person who is aggrieved by the decision of the Minister may within thirty days following that decision appeal to the Environmental Appeals Tribunal in such manner as may be prescribed by the Tribunal.37. Amendment of Schedules
The Minister may amend Schedules to these Regulations.History of this document
01 January 2007 this version
Commenced