DECISIONS ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES: AQA S21 Dr Thuli N. Mdluli...

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.”


• 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.


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.


• 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


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


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


ANGLO AMERICAN

MORTIMER 1

POLOKWANE 1

GRANTED 2

NOT GRANTED 0

SHELL

TVOCs


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


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.

DECISIONS ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES: AQA S21 Dr Thuli N. Mdluli...

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