REQUIREMENTS FOR AUTHORITIES TO FULLY EFFECT AQM FUNCTIONS

The Business Case

9th Air Quality Governance Lekgotla

Session: 2.1

Climate Change and Air Quality

Ms Elizabeth Masekoameng9th Air Quality Governance LekgotlaGateway Hotel, KZN06 October 2014

Content

Background

Purpose of the project

Status quo analysisApproach

Response rate

Results

Way forward

Background

2004: Promulgation of the Air Quality Act (Act 39 of 2004)

NEM: Air Quality Amendment Act, 2014 (Act 20 of 2014)

2007: Promulgation of the 1st National Framework for Air Quality Management in terms of S7 of AQA

(Repealed by the 2012 National Framework)

Both assign specific roles and responsibilities to the different spheres of Government through the governance cycle

Background

• Establishment of norms and standards for AQ monitoring and info management(DEA)

• Ambient air quality monitoring (Municipalities & Provinces & DEA)

Background

• Identification of criteria pollutants (DEA, provinces)

• Declaration of priority areas (DEA & Province)

Background

• Development of norms and standards for AQMPs (DEA)

• Development of AQMPs (All spheres)

Background

• Development of regulations with regard to pollutants or any other matters in relation to the Act (DEA)

• Establishment of standards through the By-laws (municipalities)

Background

• Implementation of the Atmospheric Emission Licensing system (District/metro Municipalities, DEA & provinces)

Background

• Monitoring compliance with AEL conditions (District/metro Municipalities, DEA & provinces)

• Monitoring compliance with directives for AIR (all spheres)

Background : Problem Statement

Following the readiness study, there were still concerns raised by authorities with regard to the resources they still require to fully effect the AQ functions:

Authorization: Delegation of functions to higher spheres of government

Strategy development: Number of municipalities without AQMP

Air quality information: Ambient air quality monitoring not effectively undertaken in some cases; management of controlled emitters

Purpose of the Project

The business case project: Assess the requirements forauthorities to fully effect AQM functions

• AQM Tools

• Procedures and manuals

TECHNICAL RESOURCES

• Budget

• Capex/Opex

FINANCIAL RESOURCES

• Knowledge and skill

• Warm bodies

HUMAN RESOURCES

• Organisational behaviour

• Prioritisation of AQ issues

INTANGABLE RESOURCES

Status Quo Analysis ApproachAUDIT APPROACH:

o Sent questionnaires comprising of both qualitative and quantitative aspects.

Financial resource availability Technical resource availability Human resource availability Organizational perceptions

o Onsite and telephonical assessment (discussions/interviews with relevant municipal officials in AQ units/sub-units)

o Data collection from source files

All Provincial departments

All (27) District and Local Municipalities

with adequate geographical

representation

All Metropolitan Municipalities

Response Rate

Number of entities that responded to the questionnaire 8 Provinces (9) 8 Metros (8) 20 Districts (44) 18 Local municipalities (226)

Appointment of AQOsAQA S.14 (2): DEA/provinces/municipalities must

designate an AQO

National Minister has appointed the NAQO

Provinces (P) All 9 have AQO

Metros (M) All 8 have AQO

Districts (D) 14 of 20 have AQO

Locals (L) 10 of the 18

P

L

D

M

70%

30%

55%45%

100%

Number of AQ Officials

Districts

Only 4 of the18 local municipalities have AQ

support staff

Provinces Metros

Locals

Information ManagementInformation management (AQA S.8 (a) (b)): DEA/provinces/municipalities

are responsible for ambient AQ monitoring

Level of outsourcing

37 % in metros to 85% in districts

• 67% in LM• 67 % for

provinces

MetrosEntities undertaking AQ monitoring

National SAWS, on behalf of DEA

Provinces All 8

Metros 6 of 8 (75%)

Districts 7 of 20 (35%)

Locals 4 of 18 (22%)

Number of dysfunctional

monitoring stations

Information Management (Cont)Information management (AQA S. 17):

DEA/Provinces/municipalities must report on the level of compliance with NAAQS

Number of entities reporting to SAAQIS

Provinces 3 of 8

Metros 4 of 8

Districts 3 of 20

Locals None

LMs using SAAQIS

Strategy DevelopmentStrategy development (AQA S.15): DEA/Provinces/

Municipalities are responsible for the development of AQMP and integration into the EIP/IDP

AQMP development

Provinces 5 of 8

Metros 7 of 8

Districts 8 of 20 (3 in progress)

Locals 8 of 18

Integration into other plans

AuthorizationsAuthorisation (AQA S.36(1)):

DEA/District/metropolitan municipalities are responsible for implementing the AEL system

1- 2 people responsible for AEL function 1 to 13 people responsible for AEL

function

119

2

6

Districts that perform Licensing function Metros that perform Licensing function

Compliance MonitoringCompliance monitoring (AQA S.54(e)): Metropolitan

municipalities are responsible for compliance monitoring with respect to AELs

5 of 8 Metros have capacity for compliance monitoring

Compliance Monitoring (Cont..)Compliance monitoring (AQA S.54(e)): District municipalities are responsible for compliance

monitoring with respect to AEL

8 of 20 Districts have capacity for compliance monitoring

Financial Resources

Entity Number of Entities with AQ budget

Budget Range (R)

Provinces 7 of 8 500 000 (min) - 13 Mil (max)

Metros 3 of 8 2Mil (min) – 15Mil (max)

Districts 7 of 20 250 000(min) – 16 Mil (max)

Locals 5 of 18 60 000 (min) – 6Mil (max)

General PerceptionsMetropolitan municipalities

Local Municipalities

District municipalities

Province

Authorities that feel enabled to fully effect AQ functions

Key Challenges

Level of effectiveness

Technical resources

Human resources

Finance

High turnover

high vacancy rate

split functions

General

Lack of dedicated AQ budget

Competing priorities

Procurement process

Availability of competent technicians

Key Challenges (Cont…)

Level of effectiveness

Technical resources

Human resources

Finance

General

• Executive/Political support

• Alignment with IDP planning process

• Interpretation of the roles

Way Forward

Sent questionnaires and established the status quo

Presentation of the status quo at AQ Lekgotla

Development of draft business cases based on different scenarios

Workshop with authorities

Inception meeting

Final report with implementation plan published

Business Case Development Process Logic

The Business Case

27Department of Environmental Affairs

Defining the type of

authority

Defining authority type (Province, Metropolitan, District, Local, Authority Size (Area), Population Size and Population Density)

If Metro or District:Licensing Function Required

Defining various air quality : Section 21 Activities and other pollution sources (Section 23 activities, mining dust, vehicle emissions, domestic burning, etc).

Build scenarios for various

air quality issues

5Recommend minimum AQ

Human Resources6

Recommend minimum AQ Technical Resources 7

Recommend minimum AQ Financial Resources

Recommendation on number of AQofficials, their qualifications andrequired experience. HumanResources quantity modeled forProvince, Metro District and Localmunicipality.

Recommendation on number ofmonitoring stations, Air QualityStrategies, AQMP, By-Laws andother applicable tools. Resourcequantity modeled for Province,Metro District and Localmunicipality.

Calculation of Setup and OperationalBudget required to implement AQfunctions. Financial Resourcesmodeled for Province, Metro Districtand Local municipality.

Define air quality class (according to the National framework)

3

Air Quality Class

Development of a 5 – 10 year financial model with a financial plan depicting Capital andOperational Costs, including review of tools, maintenance and service of equipment and HRcosts). Ease to integrate with IDP.

8 Financial Plan

If Local:NO Licensing Function Required

If Province:Licensing Support Function

Required

1

2

4

Business Case 4

The Business Case

28Department of Environmental Affairs

Authority Type: Local Municipality

Scenario 4.A

Scenario 4.B

Scenario 4.C

Scenario 4.D

• Municipality within the Green Zone

(Class 1 Air Quality Area) – Target

Level.

• Municipality within the Blue Zone

(Class 2 Air Quality Area) -

Transitional Alert Area – Alert Area.

• Municipality within the Purple Zone

(Class 3 Air Quality) – Alert Area.

Area. AQA S.9 Ambient Air Quality

Standard (Limit Value).

• Municipality within the Orange and

Red Zone (Class 4 and 5 Air Quality Area) - (Transitional Compliant and Non-Transactional Areas).

Sec 23 Activities, Biomass, Vehicle

Emissions, Household Burning etc.

Sec 23 Activities, Biomass, Vehicle

Emissions, Household Burning etc.

Sec 23 Activities, Biomass, Vehicle

Emissions, Household Burning etc.

Sec 23 Activities, Biomass, Vehicle

Emissions, Household Burning etc.

Business Case 2: Scenario 2.D

The Business Case

29Department of Environmental Affairs

Authority Type: Metropolitan Municipality

Scenario 2.D

Listed Activities < 20

Listed Activities > 20 and

80

Listed Activities > 80

Assess existence of any of the following: Sec 23 Activities, Biomass, Vehicle

Emissions, Household Burning etc.

2 AQO Officials ( 2 AQ

Planning/Strategy, 1

Ambient Air Quality

Monitoring, 2 Compliance

Monitoring)

1 AQMS, 1 Multi-gas

Analyser, 2 Smoke

detectors

CAPEX: R 2 million

OPEX: R 5 million per

annum

Human Resources Technical Resources Financial Resources

5 AQO Officials ( 2 AQ

Planning/Strategy, 1

Ambient Air Quality

Monitoring, 2 Compliance

Monitoring)

4 AQMS, 1 Multi-gas

Analyser, 2 Smoke

detectors

CAPEX: R 5 million

OPEX: R 7 million per

annum

8 AQO Officials ( 2 AQ

Planning/Strategy, 1

Ambient Air Quality

Monitoring, 2 Compliance

Monitoring)

10 AQMS, 1 Multi-gas

Analyser, 2 Smoke

detectors

CAPEX: R 5 million

OPEX: R 15 million per

annum

• Municipality within the Green Zone (Class 1 Air Quality Area) – Target

Level.

Comment: An authority will

typically have a combined or

one of the section 23 or other

non-S21 activities.

Ms. Elizabeth Masekoameng

Tel: 012 399 9201/ 2

Email: EMasekoameng@environment.gov.za

Standard settingStandard setting (AQA S.11): A municipality may in terms of

a by-law, establish standards for point, non-point and mobile sources in the municipality

Key messagesGovernance cycle component

Provinces municipalities

Designation of AQO 100% 72 % (increasing)Support staff (1-5)

Information management Tools (only 3 reporting to SAAQIS)

AAQM : largely outsourced, functionality issues

Tools (only 10%) reporting to SAAQIS)

AAQM : largely outsourced, functionality issues

Small industries database

Problem identification - -

Strategy development AQMPs not included in EIP Only 40 % have AQMPs

Authorisations - 44% (increasing slowly)

Compliance monitoring Non-existant for some districts