Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Green Gain Consulting (Pty) Ltd Air Quality Legislation Workshop Thursday,

Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved.

Green Gain Consulting (Pty) Ltd

Air Quality Legislation Workshop

Thursday, 18 November 2004

Birchwood Conference Centre


Legal Framework of the National

Environmental Management: Air

Quality Bill


Purpose of the Bill

To improve Air Quality Standards In South Africa.

To Protect the environment through reasonable measures.

To enhance sustainable development while still aiding economic and social development in South Africa.

To Provide National Norms and standards for air quality monitoring and management by all spheres of government.


Important Aspects of the new Act Air Quality standards are set for different

areas. Certain activities require authorisation before

commencement Organisations using certain processes or

conducting activities have to register as controlled emitters

Metropolitan and district local authorities will be the authorising and managing entities


Important Aspects of the new Act (cont) Possible problems are foreseen with capacity

in these levels of authority to adequately manage the often highly scientific field of air quality management.


The Approach

Shift from receiving environment approach (Air

Quality Objectives) Decentralisation (Shift responsibilities to provincial and

local government)

Baseline air quality characterisation ( identify priority area, pollutants, sources)

All sources are to be addressed Range of emission reduction measures

(command an control, market incentives and disincentives, voluntary reductions, etc)


The Approach (cont)

Standardisation (Monitoring, information management, reporting)

Public participation and access to information


Framework of the Bill

NATIONAL FRAMEWORK AND NATIONAL, PROVINCIAL AND LOCAL STANDARDS

INSTITUTIONAL AND PLANNING MATTERS

AIR QUALITY MANAGEMENT MEASURES

LICENSING OF LISTED ACTIVITIES

INTERNATIONAL AIR QUALITY MANAGEMENT

OFFENCES AND PENALTIES

GENERAL MATTERS


National Framework and National, Provincial and Local standards

National Framework to achieve Acts’ objectives (set within two years)

Compliance with ambient AQ standards Compliance with SA’s international obligations National norms and standards for:

Emission control from point and non point sources Air quality monitoring (provincial and local

authorities) Air quality information management Air quality management planning


National, Provincial and Local ambient air quality and emissions standards

National standards set by Minister Must identify substances to be regulated Must set ambient standards May set standards for point, non point and mobile

sources Provincial standards set by MEC

May identify substances to be regulated May set ambient standards May set standards for point, non point and

mobile sources May only set own standards equal or stricter

than national standards.


National, Provincial and Local ambient air quality and emissions standards

Local Standards set in by-laws May identify substances to be regulated May set ambient standards May set standards for point, non point and

mobile sources May only set own standards equal or

stricter than national and provincial standards.


Planning and Institutional Matters Appointment of air quality officers

(compulsory appointment of National, provisional and local levels)

Air Quality Management plans National departments and provinces include AQM

plan into Environmental Management Plan (EMP) Municipality include AQM plan into integrated

development Plan (IDP)


Air Quality Management Measures

Part 1: Priority Areas1. Declaration of Priority Areas

The minister or MEC may declare an area a priority area if: Area has air quality problems Contributes to air pollution in another country Province requests it Trans-provincial air pollution occurs

This can be withdrawn if after two years improvement is shown!


Air Quality Management Measures

2. Management of Priority Areas Air Quality Officer for area must: prepare a “priority area air quality management plan” Regulations may be prescribed for implementing and

enforcing approved priority area air quality management plans.


Air Quality Management MeasuresPart 2: Listing of Activities

The Minister must, or the MEC may: publish a list of activities which result in

atmospheric emissions Until it is published, the second schedule of

APPA, containing the list of scheduled processes remain.

No person may without a Provisional Atmospheric Emission license or an Atmospheric Emission license conduct a listed activity


Air Quality Management MeasuresPart 3: Controlled Emitters

Appliances or activities, may be declared as a controlled emitter if they result in atmospheric pollution, deposition and a threat to the environment or health.

Emission standards must be set for controlled emitters.

All appliances or activities that are controlled emitters need to comply with the standards.


Air Quality Management MeasuresPart 4: Controlled Fuels

Certain substances may be declared as a controlled fuel if they result in atmospheric pollution, deposition and a threat to the environment or health.

Standards for controlled fuels may be established.

Manufacture, sale and use of controlled fuels must comply with any standards set.


Air Quality Management MeasuresPart 5: Other Measures

Certain substance may be declared priority air pollutants that require Pollution Prevention Plans.

An air quality officer may require an Atmospheric Impact Report if:

(a) suspects a contravention of this Act or any conditions of a license.

(b) Licenses are reviewed.


Air Quality Management MeasuresPart 6: Measures in respect of Dust, Noise and

Offensive odors

The Minister or MEC may prescribe measures: Dust control measures for the control of dust Mine closure National noise levels for machinery, activities,

places Offensive odors.


Licensing of Listed Activities

Obtain an emission license before performing activity from District and Metropolitan Municipalities by following the prescribed procedure (EIA needed).

A provisional license will be issued first. If the conditions of the provisional license are met for

a period of at least six months an atmospheric emission license may be granted.

A provisional atmospheric license and atmospheric license must comply with the content requirement as per section 43.


Licensing of Listed Activities

Transitional arrangements for holders of registration certificates provided for.

The holder of a license may be required to appoint an emission control officer to contribute to cleaner production.

People applying for an atmospheric emissions license will be screened for previous contraventions of the Act.


International Air Quality Management International Air monitoring will be active and

the minister may put control measures in place to reduce emissions from the Republic.


Offences and Penalties

Any person committing a contravention of this act will be fined and/or may be sentenced to imprisonment.


Regulations

The minister may make regulations to this Act regarding issues such as open fires, noise odours, monitoring and ozone depleting factors etc,

All regulations made must follow a consultative process as well as public participation.


Ambient Standards

Until ambient air quality standards have been established in terms of section 9, 10 or 11, the ambient air quality standards contained in Schedule 2 apply.


National Environmental Management: Air Quality Act, 2004

takes effect on a date determined by the Minister by notice in the Gazette.

Different dates may be determined in terms of subsection (1) for different provisions of the Act.


END OF PRESENTATION

Documents

Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Green Gain Consulting (Pty) Ltd Air Quality Legislation Workshop Thursday,