Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AIR QUALITY) REGULATIONS
LEGAL NOTICE 34 OF 2014
- Published in Kenya Gazette Vol. CXVI—No. 46 on 11 April 2014
- Commenced on 11 April 2014
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Environmental Management and Co-ordination (Air Quality) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"ambient air quality standards” means those ambient air quality standards specified under those Regulations which, in the judgment of the Authority, are requisite to protect human health and allow an adequate margin of safety;"Bureau” means the Kenya Bureau of Standards established under the Standards Act (Cap. 496);"controlled areas" means any area designated as such by the Cabinet Secretary under regulation 11;"control Order" means the instructions to a proponent issued in writing in order to comply with the specific legal requirements;"emission limits" means the permissible levels of emission of pollutants set out in the Third Schedule;“equipment shut-down” means the process of taking a unit of equipment off-line from an operative condition such that normal production rates are not being achieved;"equipment start-up" means the process of bringing a unit of equipment on-line from an inoperative condition such that normal production rates are being achieved;"exposure limit" means the standards of exposure or discharge or emissions established under the Act or under these Regulations;"excessive emission" means emission of an air pollutant in excess of an emission standard or emission target;"existing facility" means any facility having an air pollutant source that is constructed, or in operation, installed or used in Kenya on or before the commencement of these Regulations;“incinerator” means any equipment, device or contrivance used for the destruction, by burning, of solids, liquids or gaseous wastes, other than any equipment, device or contrivance used exclusively to burn wood wastes;“Kenya Standard” means a standard developed or adopted by the Kenya Bureau of Standards;“malfunction” means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process or process equipment, to operate in a normal manner, but does not include any failure that is primarily caused by poor maintenance or negligent operation;“monitoring” means any periodic or continuous surveillance or testing to determine the level of compliance with statutory requirements or pollutant levels in various media or in humans, animals, and other living things;“PM2.5” means Particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers, as determined by the appropriate reference methods listed under the Eleventh Schedule;“PM10” means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to ten micrometers emitted to the ambient air as measured by applicable reference methods listed under the Eleventh Schedule, or an equivalent or alternate method approved by the Authority;“Ringlemann number” means value representing the darkness of a plume of smoke assessed by visual comparison with a set of grids numbered from 0 (white) to 5 (black) (Ringlemann Chart);“Ringlemann Smoke Chart” means the chart published and described in the Relevant Kenya Standard, or any chart, recorder, indicator, or device for the measurement of smoke density which is approved by the Authority as the equivalent of the said Ringlemann Scale;“stack” means a flue, chimney, conduit or other device constructed for the purpose of discharging air contaminants into the atmosphere;“stack height” means the vertical distance measured in metres between the points of discharge from a stack into the atmosphere and the land thereunder;“stationary source” means any fixed building, structure, facility, installation, equipment or any motor vehicle, waterborne craft, aircraft or diesel locomotive deposited,parked, moored, or otherwise remaining temporarily in place, which emits or may emit any air pollutant;“Standard conditions” means a temperature of 293" K (20"C) (200C) and a pressure of 101.3 kilopascals (29.92 in Hg).3. Objective
The objective of these Regulations is to provide for the prevention, control and abatement of air pollution to ensure clean and healthy ambient air.4. Application
Part II – GENERAL PROHIBITIONS
5. Air pollution
No person shall—6. Priority air pollutants
No person shall cause or allow emission of the priority air pollutants prescribed in the Second Schedule to cause the ambient air quality limits prescribed in the First Schedule to be exceeded.7. Ambient air quality
No person shall cause the ambient air quality levels specified in the First Schedule of these Regulations to be exceeded.8. Suspended particulate matter
No person shall cause or allow particulate emissions into the atmosphere from any facility listed under the Fourth Schedule in excess of those limits stipulated under the Third Schedule.For the purposes of this paragraph, "suspended Particulate matter" means all Particulate material which persists in the atmosphere or in flue gas stream for lengthy periods because the Particles are too small in size to have appreciable falling velocity.9. Odour guideline
A person, being an owner of premises, who causes or allows the generation, from any source, of any odour which unreasonably interferes, or is likely to unreasonably interfere, with any other person's lawful use or enjoyment of his property shall ensure that the odour emission limits comply with the ambient quality limits set out under the First Schedule.Part III – PERMISSIBLE LEVELS
10. Review of priority pollutants
Part IV – CONTROLLED AREAS
11. Air quality controlled areas
No person shall cause pollution in a controlled areas set out in the Sixth Schedule to exceed the limits stipulated under the First Schedule.12. Declaration of a controlled area
13. Air Quality Management Plan
Part V – STATIONERY SOURCES
14. Emission control from listed facilities
15. Emission standards
No person, owner or operator of a facility shall cause or allow the emission of air pollutants in excess of the limits stipulated under the Third Schedule.16. Air pollution control systems
17. Exposure report format
The owner or operator of a controlled facility shall ensure that exposure of workers to occupational air pollutants is monitored and recorded in the form set out in the Tenth Schedule.18. Excessive emissions
A licensee shall report to the Authority any event resulting in an excess emission by—19. Emission report
20. Air quality at property boundary
21. Control order
22. Fugitive emission control plan
23. Fugitive emission reduction measures
A fugitive emission control plan may require the employment of measures or operating procedures indicated in Part VI of the Fifth Schedule.Part VI – MOBILE SOURCES
24. Internal combustion engines
The Authority shall ensure that emissions from all internal combustion engines are monitored in accordance with the methods set out under the Eleventh Schedule.25. Vehicular emission sources
26. Inspection of motor vehicles
The Authority in consultation with the agency responsible for motor vehicle inspection may at any time order the inspection of vehicle releasing visible exhaust emissions.27. Emission tests
28. Emission reduction measures
In order to meet the emission standards stipulated by the Bureau, the owner or operator of a mobile emission source may use any of the emission reduction measures specified under the Twelfth Schedule or any other technology acceptable to the Authority.29. Dispersion of particulate matter
No person shall cause or allow the dispersion of visible particulate matter from any material being transported by motor vehicle or by other mode of transportation.Part VII – OCCUPATIONAL AIR QUALITY LIMITS
30. Occupational exposure of air pollutants.
31. Variation of exposure levels
The Authority, in consultation with the relevant lead agencies may—32. Exposure to hazardous substances
An owner or occupier of a controlled facility shall—Part VIII – OTHER SOURCES
33. Particulates from material handling
No person operating construction equipment or handling construction material shall allow emission of particulate matter so as to exceed the limits set out in the First schedule.34. Particulates from demolitions
No person shall cause or allow emission of particulate matter during the demolition of structures, buildings, or parts of buildings in such a manner as to exceed the limits set out in the First Schedule.35. Effect of stockpiling material
No person shall cause or allow stockpiling or other storage of material in a manner likely to cause ambient air quality levels set out under the First Schedule to be exceeded.36. Emissions from waste incinerators
No person, operator or owner of any waste incinerator shall allow or cause emission of air pollutants set out under the Second Schedule in excess of the appropriate mass emission rates indicated in the Third Schedule.37. Non emissions
38. Open burning
No person shall cause or allow emissions of priority air pollutants set out under the Second Schedule from disposal of medical waste, domestic waste, plastics, tyres, industrial waste or other waste by open burning.39. Cross-Border air pollution
Part IX – LICENCES
40. Application for an emission licence
The owner or operator of any controlled facility shall apply to the Authority for an emission licence within twelve months from the date these Regulations come into force.41. Application procedure for provisional emission licence
41. Application for initial mission licence
42. Requirements for applications
An application for an emission licence shall be accompanied by—43. Licence processing period
44. Renewal of emission licence
45. Transfer of Emission Licence
46. Liability of transferee
47. Variation of emission licence by Authority
The Authority may, in consultation with the relevant lead agencies vary an emission licence where it deems it necessary and inform the holder accordingly in writing, giving reasons for the necessary variation.48. Compliance Plan
49. Suspension, Revocation or Cancellation of Emission Licence
50. Register of Emission Licences
The Authority shall maintain—51. Appeal
A person aggrieved by the decision of the Authority pursuant to the exercise of its powers under this part may appeal in the manner provided in the Act.Part X – METHODS OF MEASUREMENT AND ANALYSIS
52. Measurement of air pollutants
53. Measurement of Ambient Air Quality
The Authority may, in consultation with the relevant lead agencies, carry out all measurements of ambient air quality levels in accordance with the methods of test set out in the Eleventh Schedule.54. Visible air pollutants
The measurements of visible air pollutants shall be in accordance with the relevant method of measurement set out under the Eleventh Schedule or in accordance with any method approved by the Authority.55. Measuring vehicular emissions
The procedure for measuring vehicular exhaust emissions shall be in accordance with the relevant methods of test and analysis stipulated under the Eleventh Schedule or any other method approved by the Authority.56. Period for storing records
57. Obnoxious smells
An owner or operator of a controlled facility shall measure the level of obnoxious smells by use of analytical and measurement methods stipulated under the Eleventh Schedule, or alternatively may cause such levels to be assessed by a laboratory designated by the Authority.Where "odour" means property of substance that stimulates characteristic smell.Part Xl – INSPECTION AND MONITORING
58. Monitoring of ambient air quality
The Authority may monitor ambient air quality or request a relevant lead agency to undertake the monitoring on its behalf.59. Assessment of Air Quality
The Authority may in consultation with the relevant lead agencies assess the air quality in accordance with the guidelines set out in Part XII of the Fifth Schedule.60. Preliminary assessment of stationary sources
61. Stack height
62. Provision of service for stack sampling
Where the Authority requires stack emission tests to be performed under these Regulations, an owner of a facility shall provide the following—63. Stack emission and recording reporting requirements
Results of emissions sampling and analysis shall be prescribed in the format set out in Part XIII of the Fifth Schedule and expressed in metric units consistent with the emission standards or targets set out in these Regulations and in the conditions, if any, imposed in the relevant licence.64. Continuous monitoring system requirements
65. Air quality monitoring records
Part XII – REPORTING
66. Initial emission assessment report
An owner and operator of any stationary source which is subject to regulation 14(1), shall, not later than one year from the date of these Regulations come into operation—67. Atmospheric impact report
68. Monitoring records
69. Notification of excessive emissions
Part XIII – MISCELLANEOUS
70. Guideline for monitoring air pollutants
The Authority in consultation with the relevant lead agencies may issue guidelines, in addition to the guidelines provided in Part XIII of the Fifth Schedule to these Regulations, on the monitoring of air pollutants.71. Greenhouse gases
An owner or operator may adapt or install air pollution control technologies for mitigation of green house gases in accordance with the guidelines set out in Part X of the Fifth Schedule.72. Dioxins and furans
An owner or operator may retrofit his production processes with air pollution control technologies specified under the Seventh Schedule in order to reduce emission of dioxins and to limits specified under the Third Schedule.73. Emission rate for oxides of nitrogen
The maximum emission rate for oxides of nitrogen from stationary internal combustion engines shall not exceed those achieved using best available technology specified under the Part X the Fifth Schedule, or any other technology approved by the Authority.74. Notification of permissible levels
The Cabinet Secretary shall upon the coming into operation of these Regulations, issue a notice in respect of facilities listed in the Fourteenth Schedule to—75. Baseline Levels of Priority Air Pollutant
The Authority may in consultation with the relevant lead agencies establish baseline levels of priority air pollutants set out in the Second Schedule.76. Offences and Penalties
A person, who contravenes the provisions of these Regulations, commits an offence and is liable on conviction to a fine of five hundred thousand shillings or imprisonment far a term not exceeding six months.77. Charges for pollution
Where the Authority demonstrates that a person is not complying with any of the standards set out in these Regulations, the Authority may charge such person a penalty of ten thousand Kenya shillings for every parameter not being complied with, per day, until such person demonstrates full compliance with the relevant standard related to such parameter.78. Revocation of L.N. 131/2006
The Environmental Management and Co-ordination (Fossil Fuels) Regulations, 2006 (L.N. 131/2006) are revoked.79. Transitional Provision
Notwithstanding regulation 78 any person carrying out any activities prescribed in these Regulations immediately before the coming into operation of these Regulations shall, subject to regulation 64(2), within twelve months from the coming into force thereof, take all necessary measures to ensure full compliance with these Regulations.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 April 2014
Commenced