DECISIONS ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES: AQA S21 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 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 ) 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 APPLICANTPROVINCELICENSING AUTHORITY Mortimer SmelterNorth West Bojanala DM Polokwane SmelterLimpopo Capricorn DM Eskom TutukaMpumalangaGert Sibande DM Eskom MatlaMpumalangaNkangala DM Eskom MajubaMpumalangaGert Sibande DM Eskom GrootvleiMpumalangaGert Sibande DM Eskom DuvhaMpumalangaNkangala DM Eskom CamdenMpumalangaGert Sibande DM Eskom ArnotMpumalangaNkangala DM Eskom KendalMpumalangaNkangala DM Eskom KomatiMpumalangaNkangala DM Eskom HendrinaMpumalangaNkangala DM Eskom KrielMpumalangaNkangala DM

Applications Received APPLICANTPROVINCELICENSING AUTHORITY Eskom MedupiLimpopoProvincial LEDET Eskom MatimbaLimpopoProvincial LEDET Eskom AcaciaWestern CapeCape Town Metro Eskom LethaboFree StateFezile Dabi DM Eskom Port RexEastern CapeBuffalo City Metro PPC De Hoek Western CapeWest Coast DM PPC Dwaalboom LimpopoProvincial LEDET PPC Port Elizabeth Eastern Cape Nelson Mandela Bay Metro PPC Slurry North WestProvincial DACE SASOL InfrachemFree StateFezile Dabi DM SASOL NitroGautengCity of Tshwane SASOL SecundaMpumalangaGert Sibande DM NatrefFree StateFezile Dabi DM

Applications Received APPLICANTPROVINCELICENSING AUTHORITY Shell Polokwane FacilityLimpopoCapricorn DM Shell Port Elizabeth FacilityEastern CapeNelson Mandela Metro Shell Ladysmith FacilityKwazulu-NatalUthukela DM Shell Kimberly FacilityNorthern CapeFrancis Baard DM Total Polokwane Facility LimpopoCapricorn DM Total Bethlehem Facility Free StateThabo Mofutsanyane DM Engen Kwazulu-NatalEthekwini Metro Chevron* Western CapeCape Town Metro PFG* GautengEkurhuleni * 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 PMSO2NOx ESKOM ACACIA 1 ARNOT 01 1 CAMDEN0 11 DUVHA1 1 1 GROOTVLEI1 1 1 HENDRINA0 1 1 KENDAL0 1 KOMATI0 11 KRIEL1 11 LETHABO1 1 1 MAJUBA0 11 MATIMBA0 1 MATLA1 11 PORT REX 1 TUTUKA1 11 GRANTED NOT GRANTED DID NOT APPLY2 0222

PPC PM ALL OTHER POLLUTANTS NOT APPLIED FOR PPC DE HOEK1 DWAALBOOM1 PORT ELIZABETH1 SLURRY1 GRANTED4 NOT GRANTED0

Anglo American Platinum SO2 ALL OTHER POLLUTANTS NOT APPLIED FOR ANGLO AMERICAN MORTIMER1 POLOKWANE1 GRANTED2 NOT GRANTED0

SHELL TVOCs ALL OTHER POLLUTANTS NOT APPLIED FOR SHELL PORT ELIZABETH1 POLOKWANE1 LADYSMITH1 KIMBERLY1 GRANTED4 NOT GRANTED0

ENGEN PMTVOCsALL OTHER POLLUTANTS NOT APPLIED FOR ENGEN1 2 GRANTED1 2 NOT GRANTED0 0

TOTAL TVOCs ALL OTHER POLLUTANTS NOT APPLIED FOR TOTAL BETHLEHEM1 POLOKWANE1 GRANTED2 NOT GRANTED0

SASOL MMAPMCOSO2NoxHCLHFHM SASOL NITRO0 INFRACHEM NATREF 1 1 SECUNDA GRANTED NOT GRANTED

SASOL continued HgCd + TITOCsNH3 DIOXINS & FURANS TEMPERATU REH2SSO SASOL NITRO INFRACHEM NATREF 1 1 SECUNDA GRANTED NOT GRANTED

General Approach and Observations National Ambient Air Quality Standards for PM (both PM2.5 ad PM10) have become stricter on 01 January 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.