A proposed National Environmental Standard for the outdoor storage of tyres: 2020 consultation
The National Environmental Standards (NES) are regulations made under part 5, section 43 of the Resource Management Act 1991 (RMA). They are used to help the government make decisions on the management of environmental resources such as pertaining land use and division, coastal marine life, rivers and lakes and noise.
Given that most of these decisions are made by the local authorities, in matters that will potentially affect the entire nation, or there are significant variations in the local costs over the benefits, the NES helps ensure same standards are implemented nationally. It is only in specified sections under the NES where the local councils can impose stricter or more lenient rules. From the Proposed National Planning Standards evaluation report 2018, we learn the place of NES and how it fits in the New Zealand’s planning framework. The purpose of the plans is to state on how land use and environmental issues are going to be managed in a manner that reflects the community’s values. It is provisioned for under section 58G of the RMA that the National Planning Standards must have plans and policy states that reference the relevant NES. It helps give the plans consistency and also optimize the process of the adoption of the basic structure of the projects by the local authorities. Don't use plagiarised sources.Get your custom essay just from $11/page
Issues canvassed in the NES for tyres
The consultation document aims to seek feedback from the New Zealanders on the options for the proposed new NESs for the outdoor storage of tyres. The new NES would be a revised version of the original with three critical variations of which the public is expected to give their feedback. These variations are: changing the responsibility of the NES from the district council to the regional council, changing the threshold of the consent for a 100m3 storage area compared to the 200m3 consulted on in 2017, and the introduction of a permitted activity rule with outdoor storage of 40m3 and a volume threshold for discretionary resource consent.
The reason behind this consultation of the proposed NES is the problem of the end-of-life tyres available in New Zealand. Annually, about 5 million tyres, both car and truck tyres are disposed of, yet there is a lack of proper disposal options for them in the nation. While some are exported, recycled, disposed to landfills or used for agricultural purposes, a large number ends up in storage or stockpiles. Evidence suggests that it is more common to stockpile these tyres in New Zealand with an intend of future use. However, these piles are often left uncovered and easily accessible to the public, hence as they degrade over time and lose value, the incentive for proper storage and manage storage risks are lost.
Inevitably, large tyre stockpiles pose various risks not just to the environment, but human life as well. First and foremost, with an individual tyre containing about 7.5 litres of fuel, a burning tyre pile is a considerable risk as it can burn for days or weeks depending on its size. Even though they are not easy to ignite, the threat they pose upon ignition is great due to the extinguishing difficulty. The smoke produced during the burn and the run-off contains large amounts of toxic and carcinogenic compounds that pose significant health risks to individuals as well as contamination of water sources and the soil. Also, when poorly stored in damp conditions, the tyres are capable of leaching toxic material into the soil and water bodies nearby. The large piles can also become a public health risk by providing breeding grounds for pests such as mosquitoes. Socially, the massive piles become unsightly impacting on the natural scenic value and also the cost implications associated with cleaning up a collection of old tyres is quite high estimating at about $8000 and $100,000 depending on the pile size and location.
Submission to the Ministry
This submission is made on behalf of my client, ECO, an environment and conservation organization in New Zealand. Having been around since 1971 championing environmental conservation, my clients have a great interest in the proposed National Environmental standards for the outdoor storage of tyres and hence this submission response.
Regarding the first issue raised on the suitability of the transfer of the NES mandate from the district to the regional councils, my client finds this to be an impeccable move. In consideration of the reasons given to justify this move, Eco finds this to be a good idea. The fact that the local governments are closest to the sites of tyre piling and have law enforcement officers who can be easily used to implement the minimal requirements efficiently makes them the best suited to address this issue. We also consider the fact that the most significant risk of tyre stockpiles is fire, which in case it occurs, the best fire emergency tackling involves the local authorities (TSA-BPGL, 2017). By letting the local governments be included in the implementation of the NES, policies will not only be cost effective but also help promote optimization of the process among the locals who play a vital role in the general outcome of the initiative. Being close to the locals, before the policies are implemented, the local government can be in a place to hold meetings with the locals and explain to them the importance of the new proposed policies. An advantage of adopting the NES is that each local government will not have to face the challenge of making their own rules as this might prove a challenge to most. Also, depending on the prevailing conditions in their society, the local government is better suited to make decisions. They would decide on how strict or lenient to be with the rules of implementation for the better outcome with the interest of all involved stakeholders at heart. In this context, the themes for local democracy, diversity, local choice, and local accountability will be taken care of. This was after all the main aim of forming local governments that efficiency of government policies is achieved. Besides, this must be done with as much transparency and involvement of the locals as much as possible.
About the permitted activity rule, Eco notes that it is not all tyre piles will necessarily have to be with a threshold of 100m3 or 200m3, the limits above which a resource consent will be required. Agreeing with the note that even small piles can have a significant contribution to the environmental and health hazards discussed prior, Eco supports the addition of the proposed permitted activity rule, and the specified requirements are insisted upon. While some industry submitters for the 2017 consultation felt the need for the NES to provide clear rules with no allowance for the local bodies to adjust just how lenient the policies will be implemented. The inclusion was essential since we note that this would not be a suitable rule since not all regions are the same. Some areas are associated with a higher tyre stockpile compared to others. Also, the prevailing environmental determines for the risks associate with the tyre piles differ from one area to the other, for instance, access to rivers, lakes and other water bodies, levels of groundwater, prevailing weather and land available for the outdoor storage of the piles. Implementation of consistent rules by NES would mean that some regions have to deal with a more significant load of controlling and managing a large stockpile with resources similar to those allocated to another part with few collections. However, that can be managed effectively without much labour and cost incurrences. We, therefore, propose that in each area, the local government is allowed to oversee the effective implementation of the NES as best fits and instead of having strictly consistent NES, the permitted activity rules be clear and consistent instead. It will be easier to follow strict implementation rules with a smaller stockpile less than 100m3 as it will likely pose a lesser financial strain. Also, if the indicative requirements are strictly implemented and adhered to, the risks associated with these piles will be significantly under control. Eco has no further suggestions on the indicative requirements though.
Eco would also like to express their opinion on the matter of indoor tyre storage. The NES rules should be extended to cover these as well. First is to curb the noted scrupulous behaviour of some waste collectors, and second, it is to consider the health implications of indoor storage of tyres. Microparticles produced by stored tyres are responsible for primary microplastics present in the air and due to their tiny particle size, are very breathable. The potential toxicity associated with these particles is very high and hence pose a risk for human health; among them, lung inflammation and gene toxicity (Vianello, 2019). If the NES laws do not cover the indoor storage of tyres, in an attempt to escape the resource consent application costs, many tyre retailers, traders, and collectors could take advantage of the indoor storage. They would pose not only themselves but their clients and families at health risks. Even though this risk might be minimal, another reason Eco supports is that the laws cover indoor tyre keeping. Also, some people, due to lack of regulation of the storage conditions, may not adhere to the best practice guidelines in the storage of tires and thus contribute to the environmental risks associated with tyre stockpiling. It is therefore essential for Eco that the NES covers this sector as well. Notably, one of the compulsory rules to be implemented should be the regular inspection of the storage rooms to adhere to rules. These rules may include the site of the room in terms of proximity to power lines or potential fire triggers, the flooring of the room to prevent leaching of the tyres and to ensure that it is not a shared room in which the family live.
To this end, Eco wants to recognize the effort the government is taking to protect the environment. In particular, it is with great confidence thus that the organization supports the adoption of the new proposed NES for the end-of-life tyres for the continued protection of our environment.
References
Ministry for the Environment. (2020). A Proposed National Environmental Standard for the Outdoor Storage of Tyres: 2020 consultation. Wellington: Ministry for the Environment.
Tyre Stewardship Australia (TSA-BPGL), (2017). Best practice guidelines for tyre storage and fire and emergency preparedness
Vianello, A., Jensen, R.L., Liu, L. et al. (2019). Simulating human exposure to indoor airborne microplastics using a Breathing Thermal Manikin. Sci Rep 9, 8670. https://doi.org/10.1038/s41598-019-45054-w