Under the National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA), the Minister has published a list of certain activities that need to be regulated in terms of an Atmospheric Emissions Licence (AEL). This list of activities is the “Minimum Emissions Standards” (MES) and was first published in 2010, with a significant rewrite in 2013.
In order to meet challenges that have arisen since the publication of the 2013 MES and subsequent amendments, the National Department of Forestry, Fisheries and the Environment (DFFE, represented by the Minister) is proposing significant changes to the MES. Challenges include interpretation of whether a certain activity is applicable to a certain production process; and also whether certain terms defined in the MES are applicable to specific production processes. Case law and industry input has informed these proposed amendments.
We include below a summary of what we see as the key changes to the MES which may impact our industrial clients. Please feel free to contact us should you have any queries. And do use the opportunity to make representations to the DFFE if you wish to have the proposed changes edited in any way:
Kgomotso Molokwane: kmolokwane@dffe.gov.za | 012 399 9213 | 076 9407 717
Enquiries can also be directed to: Rishaal Krishnanund: rkrishnanund@dffe.gov.za | 012 399 9398 | 082 359 5792.
The Draft Amendments are available here: https://enviroprac.co.za/documents/
Only amendments, deletions and additions to the 2013 MES are included in the Draft. Anything not included remains unchanged.
Category 1, Combustion Installations
A very significant change, is that facilities which operate two or more small boilers (i.e. boilers between 10MWth and 50MWth) will now need to calculate the total MWth of all boilers installed on site. If the total exceeds 50MWth, an AEL is needed for that facility.
Facilities will have 12 months to apply for an AEL. Facilities that are already licensed for other activities, will have 12 months to apply to vary their AEL.
The emission limits for PM and SO2 that are contained in the Small Boiler Declaration, 2013, remain in place for small boilers on a facility that need an AEL.
Category 2, Petroleum Industry remains unchanged.
Category 3, Carbonisation and Coal Gasification contains one change: Subcategory 3.6 contains a vastly reduced limit for H2S: 600mg/Nm3 is being proposed, versus the current limit of 3500mg/Nm3.
Category 4, Metallurgical Industry:
The title of Subcategory 4.7 relating to electric arc furnaces, has now been expanded to clarify that ladle furnaces are also regulated under this activity.
To overcome endless issues with jewellery makers being captured under the current wording of Subcategory 4.17 relating to precious and base metal refining through chemical treatment, a threshold of 500g of product per month is being proposed, above which this activity applies.
A clarified description for Subcategory 4.21, Metal Recovery is being proposed: recovery of aluminium from scrap is explicitly excluded (as it is covered under Subcategory 4.4); and applicable feedstock is now described as “any form of scrap metal and / or material and waste material”.
Category 5, Mineral Processing and Handling:
Subcategory 5.1, Storage and Handing of Ore and Coal, is clarified to pertain to locations designed to hold or handle more than 100 000 tons/annum.
Category 6, Organic Chemicals Industry has been very significantly updated. The category has been split into 34 new subcategories which specify particular processes producing organic chemicals in bulk, such as organic pigments and dyes; viscose fibres; and PET fibres; which will require an AEL. This is so that an extremely problematic occurrence, being that all organic chemicals produced or used in any industry, which is how Category 6 is currently interpreted by the Regulator, should hopefully fall away. And only production processes with the potential to cause significant detrimental air emissions will now be regulated under this category.
Category 7, Inorganic Chemicals Industry, contains one change: the description and application of Subcategory 7.2, production of acids, have been clarified to exclude bulk handling of acid. The activity now pertains only to production or use in production of certain acids in bulk.
Category 8, Thermal Treatment of Hazardous and General Waste, remains unchanged.
Subcategory 9.4, Chlorine Dioxide Plants, is clarified to refer to pulp production as well as paper production.
Subcategory 9.5, Wood Drying and Production of Manufactured Wood Products, is clarified to exclude wood burning; as well as to include wood drying by means of direct-fired kilns only.
Category 10, Animal Matter Processing, now contains concentration limits for emissions of H2S, NH3 and TVOC. Current holders of an AEL for Category 10 have 5 years in which to demonstrate compliance with these limits. Unfortunately, neither the description nor the application of this activity has been amended to align with international or available local (draft) guidelines and literature, which are very clear that only bulk production processes with the potential to emit significant unpleasant odours (animal byproducts rendering; leather tanning) should be regulated by means of an AEL. Small-scale pet food production processes, and pet food production processes with zero potential to emit odours, can still require an AEL according to the literal interpretation of this activity’s description and application.
And a gentle reminder: this is the first draft of the proposed amendments published for public comment. These amendments are not in force yet, and will likely still undergo at least one more round of public comment before the final iteration, which should be somewhat responsive to stakeholder feedback on the drafts, is published. In other words, don’t panic yet!
Contact us should you need any assistance with managing your environmental compliance obligations, or if you are considering an expansion or start-up of a new plant that might need prior environmental licensing.
Colleen McCreadie: 021 788 9323 | 083 695 1664 colleen@enviroprac.co.za
Lauren Elston: 021 788 9323 | 071 992 2341 lauren@enviroprac.co.za
