SECTION 21 LIST OF ACTIVITIES IN THE AIR QUALITY ACT Submission to the Portfolio Committee on Water and Environmental Affairs (with groundWork) Centre for Environmental Rights obo groundWork & Vaal Environmental Justice Alliance 7 May 2013

Overview Background to the publication of the list (LRC to address in more detail) A few examples and impacts of proposed amendments Compliance time-frames Petroleum industry (Prof Cairncross to address in more detail) Recommendations for way forward

Background to publication of the list LRC will address in detail in submissions tomorrow Briefly: prior to publication of s21 AQA minimum emission standards for general public comment, multi-stakeholder process convened by DEA under auspices of SABS – over a number of years In compliance with process prescribed by the Framework for Air Quality Management 23/11/2012: DEA published proposed amendments to s21 w/o following Framework process

Proposed amendments: examples and impacts Compliance time-frames Compliance by plants that applied for authorisation on or after 1 April 2010 (‘new plants’) delayed until proposed amendments take effect Plants should have complied by 1 April 2010: at least 3 more years to comply Condones non-compliance from date of operation, despite awareness of requirements when plants applied for authorisation In some cases (such as petroleum refineries) compliance is delayed for existing plants

Examples and impacts (2) Petroleum industry Delayed compliance by existing plants: required to comply with existing plant standards within 5 years from date proposed amendments take effect plants should have complied by 1 April 2015: at least 5 more years to comply required to comply with new plant standards within 10 years from date proposed amendments take effect plants should have complied by 1 April 2020: at least 3 more years to comply

Examples and impacts (3) No explanation for special treatment for petroleum industry, despite significant contribution of oil refineries to emissions Would allow whole industry to operate to standards of most polluting installation There is already provision in the list to apply to postpone compliance Clients have no evidence of industry’s attempts to comply with existing time-frames Relaxed emission limits: Prof Cairncross to address in his submissions Significant amendments proposed to allow increased emissions

Recommendations for way forward DEA to make typographical and other non-substantive amendments by correction notice ito s.4(b) AQA No other amendments to be made without following Framework process (s.5.4.3.1 and s. 5.4.3.5) Technical committee established (representatives from government, the relevant industrial sector, business, civil society and scientists/academics) Before amendments, committee to consider factors like health, safety, environmental protection, technical feasibility, monitoring capability, and socio-economic consequences

Recommendations (2) BPEO to be pursued with “best” informed by use of BAT Committee to continue to identify technology improvements and update BAT information to establish emission standards for additional industry types and pollutants Committee to use this information to undertake a 5 year review of emission standards If DEA does not wish to follow Framework process, amendments should be held over for the 5 year review prescribed by Framework

Contact details Centre for Environmental Rights 223 Lower Main Road, Observatory, Cape Town 021 447 1647 Robyn Hugo rhugo@cer.org.za Melissa Fourie mfourie@cer.org.za