Implementation of the Air Quality Act (Act No. 39 of 2004) Colloquium on Air Quality Management Parliament of the Republic of South Africa 13 September 2016

Presentation Overview Overview of Minimum Emission Standards (MES) Compliance with Minimum Emission Standards (MES) Review of Air Quality Management Plans & Challenges

Overview of Minimum Emission Standards (MES) Vumile Senene Acting Chief Director: Air Quality Management

History of Point Source Management in South Africa Atmospheric Pollution Prevention Act, 1965 1. Point source focused 2. Ambient air quality not considered 3. Resulted in the creation of air pollution hotspots 4. Poorly crafted conditions 5. Limited monitoring of emissions 6. Most Registration Certificates had no reporting requirements National Environmental Management: Air Quality Act, 2004 1. National Ambient Air Quality Standards established (24 December 2009) 2. Minimum Emission Standards established (31 March 2010) 3. Improved emission source management through AEL 4. Emission measurement & reporting requirements established for all sources

History of Point Source Management in South Africa Atmospheric Pollution Prevention Act, 1965 Emission Limit - PM: 200 mg/Sm3 Air Quality Act, 2004 Emission Limits (10% O2, 273 K & 101.3 kPa) - PM: 100 mg/Nm3 - SO2: 3500 mg/Nm3 - NOX: 1100 mg/Nm3 Example: Power Generation

Atmospheric Pollution Prevention Act, 1965

APPA to AQA Transition 2010 - 2015 Existing Plants New Plants - APPA conditions largely maintained New Plants - Required to comply with 2020 MES 2015 - 2020 - Required to comply with 2015 MES 2020 & Beyond

Development of Minimum Emission Standards The minimum emission standards (MES) were developed through the SABS process. Part of the process included transitional arrangements that would be needed to phase in the MES. After much deliberation, it was concluded that existing plants would require time to come into compliance (2015 with existing plant standards and 2020 with new plant standards), New plants would be required to comply with the new plant standards immediately (2010), There was however a push by some industry players to extend the time required for existing plants to come into complies with MES due to size & complex nature of some facilities. This was dismissed by the Department as it was a blanket approach even for facilities that could comply. Instead the additional time required would be assessed on case by case basis under the provisions of the postponement of compliance timeframes.

Compliance with Minimum Emission Standards 2010 – 2015 New plants complied with 2020 MES. Some existing plants complied with existing plants standards while majority complied to the APPA Registration Certificate conditions. There was however a drive during this time to convert APPA Registration Certificate into AQA Atmospheric Emission licences in preparation for the 2015 target. 2015 – 2020 New plants comply with 2020 MES. Some existing plants comply with existing plants standards. Some existing plants, aware of their inability to comply with the 2015 MES, applied for postponement. Some existing facilities are currently in non-compliance and have not applied for postponement. These facilities are handled through compliance & enforcement action by respective authorities.

Challenges in Ensuring Compliance with MES Due to the fact that air quality management is a concurrent function across all three spheres of government, the atmospheric emission licensing function is shared by National, Provincial, and Metropolitan and District Municipalities. Many of the Licensing Authorities (LAs) took over the function in 2010 after the promulgation of the MES. While the National Department undertook capacity building for the new LAs, capacity has remained a challenges due to high staff turnover and shortage of personnel. This lack of capacity in some municipalities has resulted in the late detection/identification of facilities operating illegally or in non- compliance to AEL conditions.

Measures to Address Challenges There’s an ongoing capacity building programme aimed at assisting LAs with the necessary skills, with special focus on priority areas. The Department has developed the South African Atmospheric Emission Licensing & Inventory Portal for issuing and managing AELs. The portal provides the following AEL management features: Capturing and archiving all issued AEL Notification of LAs on due dates for submission of emission report and all other reporting requirements Reminders for planned inspections Reminders on AEL renewals and reviews These features are addressing critical deficiencies in document management systems of municipalities and provinces.

Key Achievements from the Implementation of MES Benchmark has been set for all new facilities going forward. Any potential new entry in the market will know what emissions are expected and will design a plant accordingly, Even though it was always going to be difficult to address historic issues, the MES have resulted in improved management of emissions from existing facilities through: Clear monitoring & reporting requirements, Improved enforceability of conditions and subsequent fines in cases of non-compliance, and Transparency of applicable emission limits for respective facilities.

Compliance with Minimum Emission Standards Ms Minky Chauke Director – Compliance EIP

BACKGROUND On site compliance monitoring inspections by EMIs (DEA, Provincial Environmental Departments and Municipalities) Facilities required to conduct emissions monitoring continuously and/or periodically and submit emissions monitoring reports to the Licensing Authorities (District Municipalities and Provinces) for review.

Total of 16 not in full compliance to MES COMPLIANCE STATUS Onsite inspections conducted at 21 Facilities jointly EMIs from 3 spheres since April 2015 Total of 16 not in full compliance to MES 5 of the 16 are Eskom Power Stations 5 of the 16 HCRW facilities Old technologies and poor quality of coal cited as reason for non-compliance

FACILITIES EXCEEDING MES 2015/16 FY Facility Date Findings (Exceedances) Evraz Highveld Steel 02-03 June 2015 PM, SO2 PPC Dwaalboom 1 September 2015 PM Eskom Tutuka Power Station 17-18 November 2015 PM, SO2, NOX Natref 14 December 2015 Monitoring not conducted as required Eskom Kendal Power Station AEL Mining

FACILITIES EXCEEDING MES 2016/17 FY Facility Date Findings (Exceedances) Sasol Sasolburg 19 April 2016 CO, SO2, NOX, TOC AMSA Vanderbijlpark 6-7 June 2016 PM DMS Powders 30 August 2016 Eskom Lethabo Power Station 19-20 July 2016 PM, SO2 Eskom Majuba Power Station 5-6 September 2016 Data presented not demonstrating compliance Eskom Medupi Power Station 7-8 February 2017

FACILITIES EXCEEDING MES 2016/17 FY HCRW INCINERATORS Facility Date Findings (Exceedances) Averda Klerksdorp 15 Nov 2016 HCl, CO, HF Biomed NO, NOX, Heavy Metals , Dioxins and furans ClinX Monitoring not conducted EnviroServ Eastern Cape (Roodepoort) PM, HCl, SO2, CO, Dioxins and Furans Optimum 17 Nov 2016 Monitoring no conducted as required

Review of Air Quality Management Plans & Challenges Ms Elizabeth Masekoameng Director – Atmospheric Policy, Regulation and Planning

Priority Area AQMP Review The HPA AQMP mid-term review was completed in 2017 The VTAPA AQMP mid-term review was completed in 2013 The full revision of the AQMP has commenced

Priority Area AQMP Review Data issues found during AQMP reviews The emissions data and ambient air quality data that was available during the development of the initial AQMPs was not sufficient to enable adequate problem characterisation. All these issues have been addressed and currently: Improved emissions inventories are available in NAEIS system and other sources. This will enable better problem characterization during the review of the AQMP

Priority Area AQMP Review Air quality issues found during AQMP reviews Since the development of the initial AQMPs, government has developed the necessary tools for AQM ( legislation and systems). There has been some increase in the level of resources allocated (ambient monitoring stations). Since the development of the AQMPs, the levels of air pollution have been fluctuating. But generally there is some improvement. Though not to the desired levels. This issue will be addressed by: Reviewing the AQMP to include more targeted, more focused interventions Ensuring that the AQMP is informed by thorough understanding of source contributions (as shown in the next slide

Priority Area AQMP Review AQMP review process Baseline assessment Emissions inventories Ambient AQ data Inputs: Results of the source apportionment study Results of the VTAPA health study Gap analysis - Identify gaps in data Intervention description - measures to reduce emissions from various sources

AQMP input 1: Source Apportionment in the VTAPA The Department has recognized the need to have a better understanding of the contribution of the different sources to the ambient air. To this end, the Department, in collaboration with its stakeholders, is currently undertaking a Source Apportionment Study in the VTAPA. The study will shed light on the contribution of sources such as industrial activities, domestic fuel burning, mining and vehicular emissions to the ambient air. It must, however, be clarified that the study will not be able to pinpoint individual contributors but will give us an idea of the various contributors towards air pollution in the area. Information obtained from this study will then assist the Department in developing targeted interventions, thereby ensuring that all stakeholders use resources efficiently & effectively.

AQMP input 2: Source Apportionment in the VTAPA The VTAPA health study enabled the Department to identify vulnerable areas: through vulnerability assessments done. These are areas where high pollution levels coincide with the large number of vulnerable population groups (elderly and children). The results of this study will be factored into the development of the AQMP. i.e. priority will be given to those areas in terms of implementation of interventions.