1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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 and s )
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

8. 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

9. Contact details
Centre for Environmental Rights 223 Lower Main Road, Observatory, Cape Town Robyn Hugo Melissa Fourie