Air Quality Management Act: applications by companies / entities to postpone adherence; UN Sustainable Development Goals: progress report

Forestry, Fisheries and the Environment

06 March 2015
Chairperson: Mr J Mthembu (ANC)
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Meeting Summary

The Department of Environmental Affairs briefed the Portfolio Committee on Environmental Affairs on the postponement applications made for compliance timeframes with Section 21 of the Air Quality Act (AQA).

The presentation focused on the overall approach taken, the processes that were followed in reviewing the applications, and the decisions made on the applications. The Members were enlightened that the Air Quality Act of 2004 presented a distinct shift from exclusively source-based air pollution control to holistic and integrated effects-based air quality management. It focuses on adverse impacts of air pollution on the ambient environment. It has set standards for pollutant levels in ambient air and emission to minimise the amount of pollution that enters the atmosphere.

Regarding the regulation of industrial facilities, Section 21 of the AQA instructs the Minister to publish a list of activities which result in atmospheric emissions and to establish minimum emission standards in respect of a substance or mixture of substances resulting from those listed activities.

Section 21 Notice “Listed Activities and Minimum Emission Standards” was published on 31 March 2010 and amended on 22 November 2013. The compliance timeframes state that a new plant must comply with new plant emission standards immediately; existing plants must comply with existing plant standards on 01 April 2015; and existing plants must comply with new plant standards on 01 April 2020.

Section 21 provides for the Minister or 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 that states that it must require an Atmospheric Emission License (AEL) to operate.

In reviewing and granting the applications, Regulation 12 of Section 21 prescribes that the National Air Quality Officer (NAQO), with the concurrence of the Licensing Authority as contemplated in Section 36 of the Act, may grant a postponement of the compliance timeframes for an existing plant for a period not exceeding 5 years per postponement.

It was emphasised that in processing the applications, the Department did not follow a blanket approval approach. Each application was considered on its own merits. The applicants were strictly required to submit compliance roadmaps that indicate when they envisage to have completed their tasks regarding investments in pollution control technologies.


On progress of Sustainable Development Goals (SDG), the Department also informed the Committee that the SDGs should be broader than the Millennium Development Goals in order to promote universal application and implementation as well as to facilitate integration of the three dimensions of sustainable development.

Members were reminded that one of the outcomes of Rio+20 held in Rio de Janeiro in June 2012, was the agreement by Member States to launch a process to develop a set of sustainable development goals. Rio+20 did not elaborate on specific goals but stated that the SDGs should be limited in number, aspirational and easy to communicate.

The General Assembly decided that the Open Working Group (OWG) on SDGs proposed goals would be the “main basis” of the post-2015 development agenda intergovernmental negotiations. From a developing country perspective, the SDG proposal is pro-development focused and has been fully supported by developing countries and it expresses an agenda aimed at ending poverty, achieving shared prosperity, protecting the planet, and leaving no one behind.

It was noted that the Department of International Relations and Cooperation (DIRCO) has established SDG clusters: social, economic, environmental, means of implementation, and peace and security. The Department co-facilitates the environment cluster along with DIRCO, and has so far held two inter-departmental consultations. The multi-stakeholder consultation for the environment sector has been scheduled for April 2015.
 
Finally, it was concluded that South Africa has consistently played a strategic role in ensuring that sustainable development remains on the global agenda, earning a respect as a major player in international environmental negotiations.

Members asked what is going to happen to postponements of industry plants that are nearing the end of their life span; wanted to find out what happens to companies who want to emit more than 50 but less than 70; enquired about the kinds of penalties that are going to be imposed for non-compliance; wanted to establish how a decision was taken to grant licenses to areas identified as high risk or hot spots; asked how many companies of the 1000 that have got emission licenses have got or are supposed to have inventories; and wanted to find out if South Africa is still leading the way in the draft proposal to be adopted by the UN.
 

Meeting report

Adoption of Minutes

24 February 2015 Minutes

The Chairperson tabled the minutes and took the Members through the document, page by page.

Ms T Stander (DA) asked if the name of Mr Andile Mngxithama (EFF) should be recorded as absent or not on page.1 because he is no longer the member of the Committee.

The Chairperson replied that at the start of the last meeting of 24 February 2015, Mr Mngxithama did not send an apology. So he is recorded as absent. But there would be no reflection of him on the 6 March 2015 meeting. The EFF has sent the office of the Chairperson a replacement for him.

Ms B (ANC) moved for the adoption of minutes.

Mr K Morapela (EFF) seconded Ms Kekana.

The minutes were adopted without any changes.

DEA Presentation

Ms Judy Beaumont, Deputy Director-General on Climate Change and Air Quality: DEA, informed the Committee that the Air Quality Act of 2004 presented a distinct shift from exclusively source-based air pollution control to holistic and integrated effects-based air quality management. It focuses on adverse impacts of air pollution on the ambient environment. It has set standards for pollutant levels in ambient air and emission to minimise the amount of pollution that enters the atmosphere.

Section 15 provides for the development of air quality management plans (AQMPs). Section 15 (1) requires that provinces and national departments establish and implement AQMPs. Then Section 15 (2) requires municipalities to include their AQMPs in their integrated development plans (IDPs). The purpose of the AQMPs is to identify all air pollution sources; develop a baseline report of the status quo; and set air quality management objectives. Section 19 and 20 which deal with the management and regulations of priority areas state that AQMPs must be established following a consultative and participatory process. To date, three priority areas have been declared and action is underway to address the problems.

Regarding the regulation of industrial facilities, Section 21 of the AQA instructs the Minister to publish a list of activities which result in atmospheric emissions and to establish minimum emission standards in respect of a substance or mixture of substances resulting from those listed activities.

Section 21 provides for the Minister or 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 that states that it must require an Atmospheric Emission License (AEL) to operate.

Section 21 Notice “Listed Activities and Minimum Emission Standards” was published on 31 March 2010 and amended on 22 November 2013. The compliance time-frames state that a new plant must comply with new plant emission standards immediately; existing plants must comply with existing plant standards on 01 April 2015; and existing plants must comply with new plant standards on 01 April 2020.

Conditions for applying for postponement of compliance timeframes are provided for in The National Framework for Air Quality Management (2007, as amended in 2012) and The Listed Activities and Minimum Emission Standards (2010, as amended in 2013).

Regulation 12 of Section 21 Notice prescribe that 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 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
a concluded public participation process undertaken as specified in the National Environmental Management Act (107) of 1998 Environmental Impact Assessment Regulations

In reviewing and granting the applications, Regulation 12 of Section 21 prescribes that the National Air Quality Officer (NAQO), with the concurrence of the Licensing Authority as contemplated in Section 36 of the Act, may grant a postponement of the compliance timeframes for an existing plant for a period not exceeding 5 years per postponement.

Regulation 14 of Section 21 Notice stipulates that the NAQO, with the concurrence of the Licensing Authority, may from time to time review any postponement granted if ambient air quality conditions in the affected area of the plant do not conform to ambient air quality standards; and may withdraw any postponement, on good grounds, following representations from the affected plant and affected communities.

Other regulations like Dust Control serve to prescribe general measures for the control of dust in all areas. However, differentiation is made between residential areas and non-residential areas. The se regulations empower Air Quality Officers to hold ‘polluters’ accountable; and cover sources such mine dumps and mining generated dust.

Model Air Quality Municipal by-laws regulate air pollution within the jurisdiction area of the municipality and provide a legal and administrative framework to deal with localised sources of air pollution such as sugar cane burning.

(Tables were shown to illustrate postponement applications received)

Considerations informing the decisions

Ms Beaumont emphasised that in processing the applications, the Department did not follow a blanket approval approach. Each application was considered on its own merits. The applicants were strictly required to submit compliance roadmaps that indicate when they envisage to have completed their tasks regarding investments in pollution control technologies, and this information was submitted.

With regard to particulate matter, postponements were granted only for the period between 2015 and 2020 and not beyond. This is so because the national ambient air quality standards for PM10 and PM2.5 have become stricter on 01 January 2015.

Concerning sulphur dioxide, applications were made for a number of facilities. For the 2015 period, postponements were not necessary as emission reports indicated that most facilities are operating in compliance with the 2015 standards. However, for most plants, postponements were granted from 2020 to enable the facilities to invest towards future compliance where possible and also because some plants are due to be decommissioned around those timelines.

On oxides of nitrogen, a number of applicants requested postponements regarding compliance for Oxides of Nitrogen. Careful analysis was conducted and postponements where feasible were granted, although in some specific cases it was found that most facilities already operate in compliance with the 2020 standards.

The National Ambient Air Quality Standards for PM maintained current performance and set stricter limits in specific cases where current performance is less than standard. It was noted 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, applications for postponement for PM beyond the year 2020 have not been granted. These would be considered in 2019 when there is data showing national performance regarding PM and associated compliance with the national ambient air quality standards.

Finally, she indicated that all applications were analysed by the specialised team in the Chief Directorate as well as respective Atmospheric Emission Licensing Authorities. Over and above that, emission monitoring reports which get submitted to AELAs were analysed 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 that they have more room to exceed emission limits. However, the current legislation does not provide for emission caps, and such applications were received.




Progress on Sustainable Development Goals

Mr Tlou Ramaru, Chief Director on Sustainable Development: DEA, enlightened the Members that the SDGs should be broader than the Millennium Development Goals (MDGs) in order to promote universal application and implementation as well as to facilitate integration of the three dimensions of sustainable development.

Members were reminded that one of the outcomes of Rio+20 held in Rio de Janeiro in June 2012, was the agreement by Member States to launch a process to develop a set of sustainable development goals (SDGs). Rio+20 did not elaborate on specific goals but stated that the SDGs should be limited in number, aspirational and easy to communicate. It provided the basis for the conceptualisation of the SDGs and gave the mandate that the SDGs should be coherent with and integrated into the UN development agenda beyond 2015. The goals should address in a balanced way all three dimensions of sustainable development and be integrated into the UN development agenda beyond 2015.

The Open Working Group (OWG) on SDGs forwarded to the 69th session (September 2014) of the United Nations General Assembly its proposal. The proposal included 17 goals with 169 targets on economic, social and environmental dimensions to improve the lives of people and protect the planet for future generations covering a broad range of sustainable development issues.

The General Assembly decided that the OWG on SDGs proposed goals would be the “main basis” of the post-2015 development agenda intergovernmental negotiations. From a developing country perspective, the SDG proposal is pro-development focused and has been fully supported by developing countries and it expresses an agenda aimed at ending poverty, achieving shared prosperity, protecting the planet, and leaving no one behind.

The UN Secretary-General Synthesis Report entitled: “The Road to Dignity by 2030: Ending Poverty, Transforming All Lives and Protecting the Planet,” aims to support Member States in discussions going forward, taking stock of the negotiations on the post-2015 agenda and reviewing lessons from the MDGs, and it stresses the need to “finish the job” in order to help people and acts as a catalyst for the new agenda.

The inter-governmental negotiations on the post-2015 development agenda began in January 2015 and are co-facilitated by Kenya and Ireland. A series of monthly negotiations has been scheduled leading to the Summit in September 2015, and has been divided into 4 elements: political declaration; goals and targets; means of implementation and monitoring; and implementation.

Mr Ramaru further noted that the Department of International Relations and Cooperation (DIRCO) has established SDG clusters: social, economic, environmental, means of implementation, and peace and security. The Department co-facilitates the environment cluster along with DIRCO, and has so far held two inter-departmental consultations. The multi-stakeholder consultation for the environment sector has been scheduled for April 2015. The Department has also worked with the youth through the South African Institute of International Affairs to gain their perspective on the SDGs.

He emphasised that it should be acknowledged that countries have different starting points, national priorities and regional circumstances. The principles of Common But Differentiated Responsibilities along with equity and the right to development should be affirmed.

It was concluded that South Africa has consistently played a strategic role in ensuring that sustainable development remains on the global agenda, earning a respect as a major player in international environmental negotiations. The approach of South Africa and her position in the global sustainable development agenda is anchored in Section 24 of the Constitution, and that is why over the past 20 years she has become an integral part of the regional and global multilateral bodies.

Discussion

DEA Presentation

Ms T Stander (DA) wanted to know the date from which the plant is considered new and existing.

Ms Thuli Mdluli, Chief Director on Air Quality: DEA, said a new plant was given authorisation to operate after the 2010 standards. Then an existing plant got authorisation before 2010 or when the law came into being in 2010.

Mr P Mabilo (ANC) enquired about the category the Sasol plant falls under.

Ms Mdluli stated that Sasol is an existing plant.

Mr T Hadebe (DA) asked what is going to happen to postponements of industry plants that are nearing the end of their life span, and he wanted to find out what happens to companies who want to emit more than 50 but less than 70.

Ms Mdluli explained that postponements are usually linked to the life expectancy of the plant. If the plant is expected to shut down after 20 years, that would also mean the end of the postponement. It was further indicated that for most plants, postponements were granted from 2020 to enable the facilities to invest towards future compliance where possible and also because some plants are due to be decommissioned around those timelines. Then on emitting more than 50 but less than 70, she said the legislation makes no provision about that but plants have to comply with standards. There is no flexibility.

Mr T Bonhomme (ANC) asked about the kinds of penalties that are going to be imposed for non-compliance.

Ms Mdluli replied by saying the Act stipulates the use of law enforcement agencies like the Hawks and the fine can go up to R10 million.

Ms Stander wanted to establish how a decision was taken to grant licenses to areas identified as high risk or hot spots.

Ms Mdluli elaborated that the legislation states that it must not be granted. But, if it is granted, the must be a balance in terms of ecological development, impact of plant pollution, and other provisions mentioned in the legislation.

Mr S Makhubele (ANC) asked if the Department has been presented with health impact reports on people around where the plants are.

Ms Mdluli said applicants are required to produce health impact reports on their submissions. She also added that the Department does not have a fund on chronic illnesses for affected people. The only thing it does is to report and monitor. She noted that the pollution fund is something that would have to be looked at internally because the legislation makes no provision about that.

Mr Makhubele remarked that when it comes to public participation or stakeholder relations, it has been stated by non-governmental organisation that some of these companies engage with high-level people to the exclusion of ordinary folks.

Ms Nosipho Gcaba, Director-General: DEA, informed Members that the Department hold various engagements from time to time with people about their rights even on issues of Environmental Impact Assessments before a license is issued. It even looks at other areas of empowering communities with information.

Mr Mabilo asked how many companies of the 1000 that have got emission licenses have got or are supposed to have inventories, and enquired why there was no cooperation from the City of Cape Town regarding AELAs.

Ms Mdluli, on emission licenses, stated that 800 have got inventory registration, that is, their license activities are registered in the system. Concerning the City of Cape Town, she indicated that the City of Cape Town and Buffalo City Metro did not attend the AELA meetings.

The Chairperson wanted to know what the current levels of emissions are.

Ms Mdluli said the Department is maintaining the current ambient pollution in the atmosphere.

Ms Stander enquired what the emission standards were when the licenses were granted, and asked if the Department is sure about the strictness of roadmaps.

Ms Mdluli explained that applicants had to submit compliance roadmaps to indicate when they envisage to have their tasks completed regarding investments in pollution control technologies. If you want to start in 2018, the roadmaps stick to that. If there is no compliance, the plant gets shut down. Regarding strictness of roadmaps, she said the roadmaps are realistic.

Mr Makhubele wanted to know why household combustions are said to be more toxic than those from plants.

Ms Mdluli enlightened Members that is not the case. The industry is a major source of pollution, hence the regulations. Household combustions are immediate and can kill one now if one inhales them. Industry combustions are high up in the sky and take time to kill a human being.

SDG Report

Ms Stander asked if South Africa is still leading the way in the draft proposal to be adopted by the UN.

Mr Ramaru replied in the affirmation and stated that the country is still playing a meaningful role in that area and is now chairing the G77 Group.

Mr Makhubele enquired if the life span of the SDGs is from 2015 to 2030.

Mr Ramaru agreed with Mr Makhubele.


Meeting was adjourned.
 

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