Express Briefing – the Amended National Dust Control Regulations

In March 2026, the National Dust Control Regulations (NDCR), first published in 2013, were amended. This after quite a few draft amendments were published over the years for stakeholder comment. Here are a few points to consider:

What do the NDCR regulate?

The regulations relate specifically and only to “dustfall,” defined in the Regulations as dust (settleable particulate matter) small enough to pass through a 1mm screen but large enough to settle into a container by means of the particles’ weight. In other words, if the emissions do not settle, they are not regulated by this piece of air quality management legislation but rather, by other legislation such as the National Ambient Air Quality Standards relating inter alia to smaller diameter particulate matter. And if the particles settle but are too large to pass through a 1mm screen, they are not regulated by this legislation.

What is the purpose of the NDCR?

As the name suggests, the Regulations are aimed at controlling dust that can have negative impacts on people’s enjoyment of good ambient air quality (e.g. haze and poor visibility); can cause damage and costs to asset owners (e.g. precision equipment; food processors; manufacturers of hygiene products); and on people’s heath by inhalation (e.g. shortness of breath, lung disease).

Key aspects of the NDCR

The Regulations stipulate:

• Limits for dustfall (in mg/m2/day), together with the frequency with which a dust emitter may exceed the limit for either residential or non-residential (i.e. commercial or industrial) areas.
• When a Dust Management Plan (DMP) is required.
• The content of a DMP (which must include a Dust Monitoring Programme (DMPr)).
• The frequency of reporting to the Air Quality Officer on implementation of a DMP.
• The content of a DMPr; and
• The acceptable methodology to use when monitoring dust.

Key differences between the 2013 and 2026 NDCR

Our reading of the Regulations finds the following  key differences:

• The 2026 Regulations now list specific emitters who MUST compile a DMP pro-actively. This gives the Air Quality Officers “teeth” in terms of regulating dusty activities, as well as simplifying regulation of dusty activities through standardising their management, monitoring, and reporting requirements.
• The 2026 Regulations stipulate a more modern methodology for dustfall monitoring, with the methodology being available to purchase online; whereas the 2013 Regulations made reference to an outdated and out-of-print methodology which was problematic for service providers to source and implement.
• The 2026 Regulations specify the accreditations needed by service providers monitoring and analysing dust; and
• The 2026 Regulations require monthly reporting to the AQO on implementation of the DMP, in a specified reporting format.

Action that we recommend emitters take

• If you hold an Atmospheric Emissions Licence and your AEL stipulates that you must compile a DMP; or if an AQO has requested a DMP to manage your dusty activities – check whether your DMP aligns with all the content requirements of the 2026 NDCR and resubmit your DMP to the AQO before the end of May 2026. This includes identification of dust sources; specific control measures; who is responsible for implementing the measures; inclusion of the statutory reporting requirements; and what corrective action you will take, within what timeframe, if your dust generated exceeds the statutory limits.
• Contact your dust monitoring service provider and ensure they are now using the most recent monitoring methodology, as well as have the required accreditations for monitoring and for analysis in place.
• If you are conducting any mining activities or are a “controlled emitter” (solid fuel-fired small boiler operator; temporary asphalt plant; small charcoal plant) that has the potential to emit dust – ensure you have a DMP in place.

How can Enviroprac help?

We have compiled countless Environmental Management Programmes, DMPs and Fugitive Emissions Management Plans over the years that we have served heavy industry. Feel free to contact us if you need any assistance compiling a DMP; sourcing an accredited dust monitoring service provider; or resolving a dust-related complaint or non-compliance matter. Here are the 2026 NDCR for your reference: https://enviroprac.co.za/documents/