18.104.22.168 Permitted Activity Rule – Hydrocarbons and Biogas
The discharge of contaminants into air in connection with:
- Any process involving the production and collection (including refining, purification or reforming) of biogas* produced by anaerobic fermentation at a rate of not exceeding 200 cubic metres per day
- The flaring* and combustion of hydrocarbons and biogas provided that:
- the biogas and hydrocarbons do not contain more than 1 percent halogenated hydrocarbons expressed as chlorine; and
- the combined rate of combustion does not exceed two megawatts
- The storage and transfer of hydrocarbons and biogas;
is a permitted activity subject to the following condition:
- As specified in Section 6.1.8 conditions a) to e) of this Plan.
- If good practice is applied in conjunction with this Rule then adverse effects beyond the boundary from this scale of activity should not occur.
- Refer also Sections 22.214.171.124 and 126.96.36.199 regarding discharges from landfills.
- If any of these conditions are not complied with then the activity is a discretionary activity in accordance with Rule 188.8.131.52.
- Rules relating to the production of compost (such as the production of substrate for the cultivation of mushrooms) including any associated discharges to air are in Section 5.2.8 of this Plan. General ventilation from mushroom cultivation is covered by the miscellaneous permitted activity Rule 184.108.40.206 part 16.
220.127.116.11 Controlled Activity Rule – Combustion of Landfill Gas
The discharge of contaminants into air from the combustion of hydrocarbons and biogas at a combined rate of combustion exceeding two megawatts where:
- the combustion is for the purpose of generating useful heat, steam, power or electricity; or
- the discharge is ancillary to the flaring of hydrocarbons
is a controlled activity (requiring resource consent) subject to the following standards and terms:
- The source of the hydrocarbons or biogas must be a landfill authorised under Rule 18.104.22.168 of this Plan
- As specified in Section 6.1.8 Conditions a) to e) of this Plan
Waikato Regional Council reserves control over the following matters:
- Measures to avoid, remedy or mitigate the adverse effects of the activity on neighbouring dwelling places or properties.
- The emission control methods to be used.
- Contents of a Management Plan.
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 22.214.171.124 and 126.96.36.199
Rule 188.8.131.52 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 184.108.40.206 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 220.127.116.11 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 18.104.22.168 part 3 because the effects of the discharge from any associated ventilation pipes are generally minimal.
Rule 22.214.171.124 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 126.96.36.199 or 188.8.131.52 is a discretionary activity and requires a resource consent under Rule 184.108.40.206.