DECISIONS ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE
TIME-FRAMES: AQA S21
Dr Thuli N. MdluliNational Air Quality OfficerMEDIA Briefing AQMParliament24 February 2015
Climate Change and Air Quality
Background• S21 provides for the Minister on MEC to
publish a list of activities which result in atmospheric emissions and to also define associated minimum emission standards for those activities.
• The consequence of the listing is prescribed in section 22: require an Atmospheric Emission License (AEL) to operate
• Licensing Authorities defined in S36• AEL processes is explained in S37-S47
Background• S21 Notice “Listed Activities and Minimum
Emission Standards” was published on 31 March 2010 and amended on 22 November 2013
• Compliance time-frames:– New plant must comply with new plant emission
standards immediately– Existing plant must comply with existing plant
standards on 01 April 2015– Existing plant must comply with new plant
standards on 01 April 2020
Legal Provisions for Postponement to Compliance
• Conditions for applying for postponement of compliance timeframes are provided for in:– The National Framework for Air Quality
Management (2007, as amended in 2012)– The Listed Activities and Minimum Emission
Standards (2010, as amended in 2013)
“As contemplated in the National Framework for Air Quality Management in the Republic of South Africa, published in terms of Section 7 of this Act, an application may be made to the National Air Quality Officer for the postponement of the compliance time frames .......for an existing plant.”
Legal Provisions for Postponement to Compliance
• Regulation 12 of S21 Notice: The application for postponement must include –– An air pollution impact assessment compiled in
accordance with the regulations prescribing the format of an Atmospheric Impact Report (as contemplated in Section 30 of the AQA), by a person registered as a professional engineer or as a professional natural scientist in the appropriate category;
– A detailed justification and reasons for the application; and– A concluded public participation process undertaken as
specified in the NEMA Environmental Impact Assessment Regulations.
Legal Provisions for Postponement to Compliance
Paragraph 13 of S21 notice: The National Air Quality Officer, with the concurrence of the Licensing Authority as contemplated in Section 36 of this Act, may grant a postponement of the compliance time frames ... for an existing plant for a period, not exceeding 5 years per postponement.
Legal Provisions for Postponement to Compliance
• The 2012 National Framework (paragraph 5.4.3.3) suggests that postponement application will be positively considered if:– Compliance with national ambient air quality standards in that
area can be demonstrated– Completed atmospheric impact report (S30) by a registered
professional– Demonstration that Industry’s air emissions are and will not
cause adverse impacts on surrounding environment– Concluded public participation in terms of NEMA EIA Regs– Submitted to the National Air Quality Officer (NAQO) one year
before the compliance date– Any reasonable requirements specified by the NAQO
Applications ReceivedAPPLICANT PROVINCE LICENSING AUTHORITY
Mortimer Smelter North West Bojanala DMPolokwane Smelter Limpopo Capricorn DMEskom Tutuka Mpumalanga Gert Sibande DM
Eskom Matla Mpumalanga Nkangala DM
Eskom Majuba Mpumalanga Gert Sibande DM
Eskom Grootvlei Mpumalanga Gert Sibande DM
Eskom Duvha Mpumalanga Nkangala DM
Eskom Camden Mpumalanga Gert Sibande DM
Eskom Arnot Mpumalanga Nkangala DM
Eskom Kendal Mpumalanga Nkangala DM
Eskom Komati Mpumalanga Nkangala DM
Eskom Hendrina Mpumalanga Nkangala DM
Eskom Kriel Mpumalanga Nkangala DM
Applications ReceivedAPPLICANT PROVINCE LICENSING AUTHORITY
Eskom Medupi Limpopo Provincial LEDET
Eskom Matimba Limpopo Provincial LEDET
Eskom Acacia Western Cape Cape Town Metro
Eskom Lethabo Free State Fezile Dabi DM
Eskom Port Rex Eastern Cape Buffalo City Metro
PPC De Hoek Western Cape West Coast DM
PPC Dwaalboom Limpopo Provincial LEDET
PPC Port Elizabeth Eastern Cape Nelson Mandela Bay Metro
PPC Slurry North West Provincial DACESASOL Infrachem Free State Fezile Dabi DM
SASOL Nitro Gauteng City of Tshwane
SASOL Secunda Mpumalanga Gert Sibande DM
Natref Free State Fezile Dabi DM
Applications ReceivedAPPLICANT PROVINCE LICENSING AUTHORITY
Shell Polokwane Facility Limpopo Capricorn DM
Shell Port Elizabeth Facility Eastern Cape Nelson Mandela Metro
Shell Ladysmith Facility Kwazulu-Natal Uthukela DM
Shell Kimberly Facility Northern Cape Francis Baard DM
Total Polokwane Facility Limpopo Capricorn DMTotal Bethlehem Facility Free State Thabo Mofutsanyane DMEngen Kwazulu-Natal Ethekwini MetroChevron* Western Cape Cape Town MetroPFG* Gauteng Ekurhuleni
* Processing of applications not concluded due to outstanding information.
General Approach• Standard Operating Procedure • Checking compliance with legislated requirements:
– Atmospheric Impact Report– Regulations for Atmospheric Dispersion Modelling– Public Participation
• Maintained current performance and set stricter limits in specific cases where current performance is less than standard– no emission caps
• Analysis conducted per pollutant and per facility – some units in facilities already in compliance
• Postponements: for existing plants who require more time to comply to legislation (nature of plant or investment schedule)
Summary of Postponement Decisions
• The tables below provide an overview of the postponement decision made by the Department.
• The decisions are per applicant and per facility.• Red indicates cases whereby application for
postponement was declined.• Green indicates cases whereby application for
postponement was granted• Blue indicates cases whereby the applicant did
not apply for postponement.
Eskom PM SO2 NOx 2015 2020 2015 2020 2015 2020ESKOM ACACIA 1ARNOT 0 1 1 CAMDEN 0 1 1 DUVHA 1 1 1GROOTVLEI 1 1 1HENDRINA 0 1 1KENDAL 0 1 KOMATI 0 1 1 KRIEL 1 1 1 LETHABO 1 1 1MAJUBA 0 1 1 MATIMBA 0 1 MATLA 1 1 1 PORT REX 1TUTUKA 1 1 1 GRANTED 6 1 12 7 6NOT GRANTED 6 1 0 0 0 0DID NOT APPLY 2 0 2 2 2
PPC
PM
ALL OTHER POLLUTANTS NOT APPLIED FOR 2015 2020
PPC
DE HOEK 1
DWAALBOOM 1
PORT ELIZABETH 1
SLURRY 1
GRANTED 4
NOT GRANTED 0
Anglo American Platinum
SO2
ALL OTHER POLLUTANTS NOT APPLIED FOR 2015 2020
ANGLO AMERICAN
MORTIMER 1
POLOKWANE 1
GRANTED 2
NOT GRANTED 0
SHELL
TVOCs
ALL OTHER POLLUTANTS NOT APPLIED FOR 2015 2020
SHELL
PORT ELIZABETH 1
POLOKWANE 1
LADYSMITH 1
KIMBERLY 1
GRANTED 4
NOT GRANTED 0
ENGEN
PM TVOCs ALL OTHER POLLUTANTS NOT APPLIED FOR
2015 2020 2015 2020
ENGEN 1 2
GRANTED 1 2
NOT GRANTED 0 0
TOTAL
TVOCs
ALL OTHER POLLUTANTS NOT APPLIED FOR 2015 2020
TOTAL
BETHLEHEM 1
POLOKWANE 1
GRANTED 2
NOT GRANTED 0
SASOL MMA PM CO SO2 Nox HCL HF HM 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020SASOL NITRO 0 INFRACHEM 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NATREF 1 1 SECUNDA 0 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GRANTED 0 0 9 0 2 0 6 3 8 1 3 0 5 0 6 0NOT GRANTED 1 0 2 0 0 0 0 1 0 0 0 0 0 0 0 0
SASOL continued
Hg Cd + TI TOCs NH3DIOXINS &
FURANSTEMPERATU
RE H2S SO3 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020SASOL NITRO INFRACHEM 1 1 1 1 1 1 NATREF 1 1 SECUNDA 1 1 1 2 3 0 1 1 1 1 1 1 1 1 1 1 1 1 GRANTED 4 0 3 0 13 0 2 0 2 0 2 0 2 0 0 NOT GRANTED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1
General Approach and Observations
• National Ambient Air Quality Standards for PM (both PM2.5 ad
PM10) have become stricter on 01 January 2015. It is important
to note that these standards have been and are also currently
being exceeded in different parts of the country, particularly in
the National Priority Areas. In this regard, application for
postponement for PM beyond the year 2020 have not been
granted. These will be considered in 2019 when there is data
showing national performance regarding PM and associated
compliance with national ambient air quality standards.
General Approach and Observations
• All applications were analyzed by the specialized team in the
Department as well as the respective Atmospheric Emission
Licensing Authorities (AELAs). This analysis included studying
emission monitoring reports which facilities submit to AELAs to
ascertain current industrial performance for all applicants. It
revealed that some facilities were actually compliant with some
of the limits they had applied for. They were actually wanting to
get “emission caps” so they have more room to exceed emission
limits. However, the current legislation does not provide for
emission caps and in this regard, such applications were denied.