Dr Thuli N Mdluli National Air Quality Officer MEDIA Briefing AQM Parliament 24 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 ID: 533063
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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 QualitySlide2
BackgroundS21 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 S36AEL processes is explained in S37-S47Slide3
BackgroundS21 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 immediatelyExisting plant must comply with existing plant standards on 01 April 2015Existing plant must comply with new plant standards on 01 April 2020Slide4
Legal Provisions for Postponement to ComplianceConditions 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.”Slide5
Legal Provisions for Postponement to ComplianceRegulation 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; andA concluded public participation process undertaken as specified in the NEMA Environmental Impact Assessment Regulations. Slide6
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. Slide7
Legal Provisions for Postponement to ComplianceThe 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 demonstratedCompleted atmospheric impact report (S30) by a registered professionalDemonstration that Industry’s air emissions are and will not cause adverse impacts on surrounding environmentConcluded public participation in terms of NEMA EIA RegsSubmitted to the National Air Quality Officer (NAQO) one year before the compliance dateAny reasonable requirements specified by the NAQOSlide8
Applications Received
APPLICANTPROVINCELICENSING AUTHORITYMortimer SmelterNorth WestBojanala DMPolokwane SmelterLimpopo
Capricorn DM
Eskom
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 DMSlide9
Applications Received
APPLICANTPROVINCELICENSING AUTHORITYEskom MedupiLimpopoProvincial LEDETEskom MatimbaLimpopo
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 DACE
SASOL
Infrachem
Free State
Fezile Dabi DM
SASOL Nitro
Gauteng
City of Tshwane
SASOL
Secunda
Mpumalanga
Gert
Sibande
DM
Natref
Free State
Fezile
Dabi
DMSlide10
Applications Received
APPLICANTPROVINCELICENSING AUTHORITYShell Polokwane FacilityLimpopoCapricorn DMShell
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 DM
Total Bethlehem
Facility
Free StateThabo Mofutsanyane DMEngenKwazulu-NatalEthekwini MetroChevron*Western CapeCape Town MetroPFG*GautengEkurhuleni
* Processing of applications not concluded due to outstanding information. Slide11
General ApproachStandard Operating Procedure Checking compliance with legislated requirements:
Atmospheric Impact ReportRegulations for Atmospheric Dispersion ModellingPublic ParticipationMaintained current performance and set stricter limits in specific cases where current performance is less than standard– no emission capsAnalysis conducted per pollutant and per facility – some units in facilities already in compliancePostponements: for existing plants who require more time to comply to legislation (nature of plant or investment schedule)Slide12
Summary of Postponement DecisionsThe 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 grantedBlue indicates cases whereby the applicant did not apply for postponement.Slide13
Eskom
PMSO2NOx
2015
2020
2015
2020
2015
2020
ESKOM
ACACIA
1
ARNOT
0
1
1
CAMDEN
0
1
1
DUVHA
1
1
1
GROOTVLEI
1
1
1
HENDRINA
0
1
1
KENDAL
0
1
KOMATI
0
1
1
KRIEL
1
1
1
LETHABO
1
1
1
MAJUBA
0
1
1
MATIMBA
0
1
MATLA
1
1
1
PORT REX
1
TUTUKA
1
1
1
GRANTED
6
1
12
7
6
NOT GRANTED
6
1
0
0
0
0
DID NOT APPLY
2
0
2
2
2Slide14
PPC
PMALL OTHER POLLUTANTS NOT APPLIED FOR
2015
2020
PPC
DE HOEK
1
DWAALBOOM
1
PORT ELIZABETH
1
SLURRY
1
GRANTED
4
NOT GRANTED
0
Slide15
Anglo American Platinum
SO2ALL OTHER POLLUTANTS NOT APPLIED FOR
2015
2020
ANGLO AMERICAN
MORTIMER
1
POLOKWANE
1
GRANTED
2
NOT GRANTED
0
Slide16
SHELL
TVOCsALL OTHER POLLUTANTS NOT APPLIED FOR
2015
2020
SHELL
PORT ELIZABETH
1
POLOKWANE
1
LADYSMITH
1
KIMBERLY
1
GRANTED
4
NOT GRANTED
0
Slide17
ENGEN
PMTVOCsALL OTHER POLLUTANTS NOT APPLIED FOR
2015
2020
2015
2020
ENGEN
1
2
GRANTED
1
2
NOT GRANTED
0
0
Slide18
TOTAL
TVOCsALL OTHER POLLUTANTS NOT APPLIED FOR
2015
2020
TOTAL
BETHLEHEM
1
POLOKWANE
1
GRANTED
2
NOT GRANTED
0
Slide19
SASOL
MMAPMCO
SO2
Nox
HCL
HF
HM
2015
2020
2015
2020
2015
2020
2015
2020
2015
2020
2015
2020
201520202015
2020
SASOL
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
0
NOT GRANTED
1
0
2
0
0
0
0
1
0
0
0
0
0
0
0
0
Slide20
SASOL continued
HgCd + TITOCs
NH3
DIOXINS & FURANS
TEMPERATURE
H2S
SO3
2015
2020
2015
2020
2015
2020
2015
2020
2015
2020
2015
2020
201520202015
2020
SASOL
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
Slide21
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.Slide22
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. Slide23