Odour Control: an Authorities perspective - NACA - National Association for Clean Air · 2019. 4....

Odour Control: an Authorities perspective

CITY HEALTH-AIR QUALITY MANGEMENT NACA Western Cape Branch seminar

Presented by: Ian Gildenhuys 28 February 2019

Competing interests in the Odour issue

Population growth and Demand for Land for Housing

Historical land-use rights of Industry

Economic sustainability and

job creation/retention

Right to an environment not

harmful to Human health

2 AEL and dust emissions reporting requirements

What does the NEMAQA say about odours?

• Section 35 of the AQA makes provision for the Minister or the MEC to prescribe

measures for the control of offensive odours emanating from specified

activities. To date this provision is not been acted upon.

• It is the responsibility of the occupier of any premises to take all reasonable

steps to prevent the emission of any offensive odour caused by any activity on their premises.


The 2017 National Framework for Air Quality

Management in the Republic , GN 1144 of 26 10 2018

states the following on odours…..

• odours are usually localised and, hence, are best managed at the

provincial and local level through regulations and by-laws.

• Section 35 of the AQA makes provision for the Minister or the MEC to prescribe

measures for the control of offensive odours emanating from specified

activities.

• It is the responsibility of the occupier of any premises to take all reasonable

steps to prevent the emission of any offensive odour caused by any activity on their premises.

• 6.4.2 Potential Issues for Future Development

• Development of strategies for tackling nuisance pollutants such as odours and

dust and the establishment of guidelines and objectives for effective

management;


Framework Cont….

• The DEA has developed a best practice guidance draft document for odour

management from the three main industrial sectors regulated in terms of

Category 10 (Animal Matter Processing) of the listed activities and associated

minimum emission standards, and the final document may include other

sources.

• The sectors covered include fishmeal plants, tanneries and rendering plants.

While the document is limited to these sectors, the principles and techniques

described in the document are broadly applicable to other sectors which

generate noxious or offensive odours.

Something to look forward too in 2019/20?

• Table 18: Noise and odour

• Key Milestone, Product or Output Timeframe

• Guideline document for odour management 2019/2020


Framework cont…

5.5.3.6 Odour, noise and dust

• The national Minister (or MEC) may prescribe measures for the control of

…..offensive odours.

• Further, the occupier of any premises must take all reasonable steps to

prevent the emission of any offensive odour caused by an activity on the

premises.

• Currently there is no obligation to consider odour as part of the specialist Air

Quality Impact Assessment study, but there may be circumstances where

these are required, particularly if it is likely that the AEL will specify conditions in

respect of odour and noise in accordance with Section 43(2) (a) of the AQA.


Ambient Air Quality Standards and odour

• Currently, there are no ambient air quality standards that

address odour

• Table 16 of the National Framework identifies Hydrogen

Sulphide as a possible future pollutant for consideration.


Odour and Listed Activities – Emission Licence Holders

S21 of NEMAQA:

1. Section 21(3) further states:

“(3) A Notice referred to in (1) –

(a) must (emphasis applied) establish minimum emission standards in respect of substances or mixture of substances resulting from the listed activity and

identified in the notice, including –

(i) the permissible amount, volume, emission rate or concentration of that

substance or mixture of substances that may be emitted; and

(ii) the manner in which measurement of such substances must be carried out;”


Does Listing Notice 893 satisfy S21(3)?

1. Category 10 of Notice 893 of 2013 omits to identify the substances or mixture

of substances or prescribe the permissible amount, volume, emission rate or

concentration that may be emitted in respect of substances or mixture of

substances resulting from the listed activity.

CATEGORY 10 ANIMAL MATTER PROCESSING

Description: Processes for the rendering cooking, drying, dehydrating, digesting, evaporating

or protein concentrating of any animal matter not intended for human

consumption

APPLICABILITY

• All installations handling more than 1 ton/day

SPECIAL ARRANGEMENTS

Best practice measures intended to minimise or avoid offensive odours must be

implemented by all installations. These measures must be documented to the

satisfaction of the Licensing Authority.

9

Hydrogen Sulphide guideline emission rates – Fish

rendering plant

• DEA conducted a health risk assessment of the West Coast Fishing Industry in

2011

Flowing from this……

• a guideline level of 5 mg/NM3 Hydrogen sulphide at the point of discharge to

atmosphere, for this listed activity.

• This target or guideline and is not legally enforceable as a MES


Other Legislation

• National Health Act: S90(1)(m) empowers the National Minister to maker

regulations regarding health nuisances – But none have been developed to

date.

• City of Cape Town Environmental Health Bylaw:

• Defines Health Nuisance:

‘‘means any activity, condition, premises or thing which, on account of effluent,

vapours, ….., odours, ……..is/are in the opinion of the Director: City Health or a

duly authorised officer is potentially injurious or dangerous to health or which

is/are offensive……

“objectionable material” means ……and includes any, solid liquid or gas which is or may become a nuisance or which materially interferes with the ordinary

comfort or convenience of the public;

(6)No person shall keep, cause or suffer to be kept any factory or trade premises

so as to give rise to smells or effluvia that constitute a health nuisance


City of Cape Town Air Quality Management Bylaw,

2016

‘‘nuisance’’ means an unreasonable interference or likely interference caused

by air pollution which has an adverse impact on -

(a) the health or well-being of any person or living organism; or

(b) the use and enjoyment by an owner or occupier of his or her property or the

environment;

Prohibition of emissions that cause nuisance

25. (1) No person shall, within the area of jurisdiction of the City of Cape Town-

(c) cause any unreasonable interference or likely interference through air

pollution, which may adversely affect -

(i) the health or well-being of any person or living organism; or

(ii) the use and enjoyment by an owner or occupier of his or her property or

environment;

(5)An occupier or owner of any premises must prevent the existence in, or

emission of any air pollution nuisance from, his or her premises.

(6) The occupier or owner of any premises from which an air pollution nuisance

emanates, or where an air pollution nuisance exists, is guilty of an offence.


Case Study Odour and Land-use Planning:

Hout Bay 1980


Hout Bay 1986


Hout Bay 2018


Milnerton 1953


Milnerton 2018


Odour complaint investigative tools


1. Describe the characteristics of the odour:

•Frequency – how

often is the odour

detected

(continuously, daily,

hourly, once a

week)?

•Intensity –

how strong is

the odour

(very weak to

very strong)?

•Duration – how

long does the

odour last

(seconds,

minutes,

hours)?

•Offensiveness – how

unpleasant is the odour

(barely detectable (1)

to highly offensive

(10)?

•Location –

where was the

odour noticed

(indoors,

outdoors)?

2. Describe the odour in as much detail as possible.

Does it remind you of a familiar smell such as rotten eggs, rotten cabbage, sweet or sour chemicals,

burning plastic, garlic, chlorine or asphalt? Is it oily, musty, metallic, pungent, light or heavy? The odour

wheel on the next page provides some common and helpful odour descriptors.

Questions we ask complainants to answer


1. How does the odour affect your health?

2. Have you noticed any visible emissions at the time the odour was detected? Please describe

these in the box below.

3. Tell us about the weather during the odour episode.

Date and

time

What direction was the

wind from?

Was the wind light, moderate

or strong?

Was it sunny, overcast or

raining?

4. How does the odour affect you or your business?

An officer may call you about your complaint to ask more questions or for clarification. For persistent

odour problems, we may need your help to collect evidence that odorous air contaminants have

been discharged. This might include being interviewed by an officer, keeping an odour diary, signing a

statement about how the odour is affecting your health or your business or, in rare cases, testifying at a

public hearing or even representing yourself in a Court of law.

Explain the physical symptoms you experience when exposed to the odour?

Legal Process

• Investigation – Complaints valid or not?

• Nuisance odour vs evidence of health risks – use NEMA S28 Duty of Care

where evidence/suspicion of health nuisance

• Listed Activity or S23 Controlled Emitter in terms of NEMAQA or not.

• Pre-Compliance notice issued with right to make representations ito PAJA

• Representations considered and responded too.

• Non-listed activity – nuisance odour - Affidavits from affected parties over a

period of time – preferably multiple and corroborating statements – not

conflicting in observations; Not clouded by personal agenda’s

• Compliance notice issued if nuisance substantiated.

• Non-Compliance with Notice?

• Compile Case docket for DPP

• DPP decides on merits of case

• Prosecution – Magistrates Courts or High Court process

• Affected parties have right to seek relief in Civil process in High Court


Where Licenced Listed Activities are implicated

• Conduct EMI lead compliance investigation to determine compliance with

AEL – gather evidence

• Is Best Practice in odour control being applied?

• Consider review and variation of AEL – call for investigation and assessment of

Abatement Equipment efficiency and functionality

• Upgrade of systems where inefficient

• Call for AIR and Health Risk assessment studies

• Investigations into Point source emissions monitoring to prove pre and post

scrubber emissions

• Implement ambient monitoring

• Where non-compliance serve Pre-compliance notice in terms of PAJA, calling

for representations

• Consider and review representations and respond

• Serve Compliance Notice

• Still non-compliant – then consider Criminal Prosecution and engage with

Nodal Prosecutor for Environmental Crimes


Case Studies

• Animal Matter processing – Southern Cape Fishing

• Hi Change Investments Vs Cape Produce Company

• Tongaat Hulett

• Shongweni Landfill matter

• ESKOM Vs Rini Town Council – In terms of Health Act 63 of 1977

• Odour complaints Printing Industry – Paarden Eiland


Conclusion

• Prevention of odour complaints starts with good Land-use management

planning

• Good holistic management by Industries of all facets of their business and at

all critical control points in the process – no single silver bullet

• Resolution of odour complaints relies on:

• Willing industry with a neighbourly attitude

• Political will and resources where municipal infrastructure is involved

• Political will where industry is involved

• Good legal instruments – that assist regulators in controlling odorous emissions

compelling industry to meet prescribed MES.

• Ambient air quality standards at least for H2S

• Economic sustainability

• Well trained, resourced and competent Regulators


Thank You

For queries contact ([email protected] )

mailto:[email protected]

Odour Control: an Authorities perspective - NACA - National Association for Clean Air · 2019. 4....

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Transcript of Odour Control: an Authorities perspective - NACA - National Association for Clean Air · 2019. 4....