DECISIONS ON APPLICATIONS FOR
POSTPONEMENT OF COMPLIANCE
TIME-FRAMES: AQA S21
Climate Change and Air Quality
Dr Thuli N. Mdluli
National Air Quality Officer
MEDIA Briefing AQM
Parliament
24 February 2015
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 Received
APPLICANT
PROVINCE
LICENSING AUTHORITY
Mortimer Smelter
North West
Bojanala DM
Polokwane Smelter
Limpopo
Eskom Tutuka
Mpumalanga
Capricorn DM
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 Received
APPLICANT
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
PPC Port Elizabeth
Eastern Cape
Provincial LEDET
Nelson Mandela Bay
Metro
PPC Slurry
SASOL Infrachem
North West
Provincial DACE
Free State
Fezile Dabi DM
SASOL Nitro
Gauteng
City of Tshwane
SASOL Secunda
Mpumalanga
Gert Sibande DM
Natref
Free State
Fezile Dabi DM
Applications Received
APPLICANT
PROVINCE
LICENSING AUTHORITY
Shell Polokwane Facility
Limpopo
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
Total Bethlehem Facility
Free State
Engen
Kwazulu-Natal
Ethekwini Metro
Chevron*
Western Cape
Cape Town Metro
PFG*
Gauteng
Capricorn DM
Capricorn DM
Thabo Mofutsanyane DM
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
2015
ESKOM
ACACIA
ARNOT
CAMDEN
DUVHA
GROOTVLEI
HENDRINA
KENDAL
KOMATI
KRIEL
LETHABO
MAJUBA
MATIMBA
MATLA
PORT REX
TUTUKA
GRANTED
NOT GRANTED
DID NOT APPLY
2020
SO2
2015
2020
NOx
2015
2020
1
0
1
0
1
1
0
0
0
1
1
0
0
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6
6
2
1
1
0
0
1
1
12
0
2
7
0
2
6
0
2
PPC
PM
2015
PPC
DE HOEK
1
DWAALBOOM
1
PORT ELIZABETH
1
SLURRY
1
GRANTED
4
NOT GRANTED
0
2020
ALL OTHER POLLUTANTS NOT APPLIED FOR
Anglo American Platinum
SO2
2015
ANGLO AMERICAN
MORTIMER
1
POLOKWANE
1
GRANTED
2
NOT GRANTED
0
2020 ALL OTHER POLLUTANTS NOT APPLIED FOR
SHELL
TVOCs
2015
SHELL
PORT ELIZABETH
1
POLOKWANE
1
LADYSMITH
1
KIMBERLY
1
GRANTED
4
NOT GRANTED
0
2020 ALL OTHER POLLUTANTS NOT APPLIED FOR
ENGEN
PM
2015
TVOCs
2020
2015
ENGEN
1
2
GRANTED
1
2
NOT GRANTED
0
0
ALL OTHER POLLUTANTS NOT APPLIED FOR
2020
TOTAL
TVOCs
2015
TOTAL
BETHLEHEM
1
POLOKWANE
1
GRANTED
2
NOT GRANTED
0
2020 ALL OTHER POLLUTANTS NOT APPLIED FOR
SASOL
MMA
PM
CO
SO2
Nox
HCL
HF
HM
2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020
SASOL
NITRO
INFRACHEM
0
1
0
1
1
1
1
0
1
NATREF
SECUNDA
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0
1
1
1
GRANTED
NOT GRANTED
0
1
0
0
9
2
1
1
0
0
2
0
1
1
1
1
1
0
0
6
0
3
1
8
0
1
1
1
0
3
0
0
0
5
0
0
0
6
0
0
0
SASOL continued
DIOXINS & TEMPERATU
Hg
Cd + TI
TOCs
NH3
FURANS
RE
H2S
SO3
2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020 2015 2020
SASOL
NITRO
INFRACHEM
1
1
1
1
1
NATREF
SECUNDA
1
1
1
1
1
2
3
1
0
1
1
1
GRANTED
NOT GRANTED
4
0
1
1
1
1
1
0
0
3
0
0
0
13
0
1
1
1
0
0
2
0
1
0
0
2
0
0
0
2
0
0
0
2
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.