OVERVIEW OF AQM AND THE ISSUING OF ATMOSPHERIC EMISSION LICENSES IN THE …naca.org.za/uploads/Overview of AQM _ J Leaner.pdf · 2016-02-02 · OVERVIEW OF AQM AND THE ISSUING OF

NACA Western Cape

Somerset West, Cape Town Joy Leaner

OVERVIEW OF AQM AND THE ISSUING OF

ATMOSPHERIC EMISSION LICENSES IN THE WESTERN CAPE

Contributors / Project Team: P Harmse; H Wingrove; B Parker; S Benson; L Mayana; K Hove; F Zingitwa; P Rululu; S Le Roux; L Wildschut; B Hendricks; G Grosch; P Fabricius; M van Rensburg; I Gildenhuys; J Schoeman; N Dreyer; B Matakiti

© Western Cape Government 2012 |

Outline

Context: Mandates

Example of AEL Renewal (variation / no variation)

Example of APPA to AEL

Compliance and Enforcement

AEL Statistics in the Western Cape

Way forward

NACA Western Cape - November 2014

© Western Cape Government 2012 | NACA Western Cape - November 2014

The World Health Organization (WHO) announced that air pollution is now

the world’s largest single environmental health risk, resulting in

7 million premature deaths in 2012. (Geneva 25 March 2014)


NEM:AQA (Act 39 of 2004) Chapter 5 – licensing of listed activities

section 36: commencement date of 01 April 2010

Licensing Authority: Province, Metropolitan & District Municipalities

NEM:AQA (Act 39 of 2004) Amendment Act of 2014 • National, Province, Metropolitan & District Municipalities

Atmospheric Emission Licensing

SIPs, Mining, etc.


Mandate Provincial Municipal

Designate an Air Quality Officer (AQO)

Prepare a Air Quality Management Plan (AQMP)

Process an application for an Atmospheric Emission Licence (AEL)

Prepare an annual report

Review of AQMPs

Prescribe measures for the control of dust, noise and offensive odours

Establish municipal standards for emissions from point, non-point and mobile sources

Implement the atmospheric emission licensing system

Mandates: NEM:AQA (Act 39 of 2004)


Mandate Provincial Municipal

Establish provincial emission standards

Declare a Priority Area

Prepare an AQMP for the Priority Area

Declare priority air pollutant (s).

Establish minimum emission standards

Declare an appliance or activity as a Controlled Emitter

Establish a programme of public recognition of significant achievement in air pollution prevention

Mandates: NEM:AQA Act 39 of 2004


Western Cape:

Municipal areas & Ambient Air Quality Monitoring Network


11 Provincial stations

1 Provincial Dept

30 Municipalities


Provincial Department: EADP

Directorate: Air Quality Management


Air Quality

Management

Planning

Air Quality

Regulatory

Services

Air Quality

Monitoring &

Information Mngt

CEO x 1

EO-SP x 3

EO-P x 3

Contract

CEO x 1

EO-SP x 3

EO-P x 3

Contract

CEO x 2

EO-SP x 4

EO-P x 2

Contract

D: Air Quality

Management

DD (CEO x 1)

7 8

3

26

7

DD (CEO x 1) DD (CEO x 1)

Example…

• AEL Renewal (with variation / no variation)


AEL Renewal process (with variation / no variation)


ctd…



Background: Maitland Crematorium

12

Established 1934:

o has three (3) twin reflux cremators

o handles ca. 682 cremations / month

only municipal owned crematorium in

the City of Cape Town, managed by

ICSA

Install 2 new cremators

Must fit within existing building

parameters; existing to remain

Comply with environmental standards

© Western Cape Government 2012 | 13 Go to Insert > Header & Footer > Enter presentation name into footer field

Public Participation Process – to inform public of renewal AEL:

Advertisements placed in various media.

Notification letters informing registered I&AP’s of proposed AEL renewal and variation

application.

The Issues & Response Report (IRR) provided by Consultant.

Authorities Consultation – Authorities consulted included:

Directorate: Land Management [Environmental Affairs & Development Planning]

Directorate: Development Facilitation[Environmental Affairs & Development Planning]

City of Cape Town Metropolitan Municipality [Specialised Health]

City of Cape Town Metropolitan Municipality [City Parks Department]

Department: Water Affairs and Sanitation

Cape Nature

Applicant Conducted Public Participation Process (PPP)


Example of Notification

14 27 FEBRUARY 2013

PAEL issued

…from APPA (Act 45 of 1965)

NEM:AQA (Act 39 of 2004)…

to…


APPA (Act 45 of 1965): Activity 69

“Animal rendering process: Process for the rendering,

cooking, drying, dehydrating, digesting, evaporating or

protein concentrating of any animal matter not intended for

human consumption.”

NEM:AQA (Act 39 of 2004) S21 Listed Activity: Category 10

“Processes for the rendering, cooking, drying, dehydrating,

digesting, evaporating or protein concentrating of any

animal matter not intended for human consumption.”

Application: All installations handling >1 ton of raw materials

per day.

...from APPA NEM:AQA S21 Listed Activity


Types of meal produced:

Fish / Ostrich /Chicken / Feather Meal

Mixed Meal (low grade)

Blood Meal

New kid on the block: Black soldier fly larvae

Fish meal processing:

Endemic to Western Cape, with most factories in areas > 50yrs;

Once prominent economic drivers, now superseded by tourism /

coastal developments;

Opportunities: Capacity building on Atmospheric Emissions

Licensing; Complaints - IGTTs.

…from APPA S21 Listed Activity…


COMPANY NAME ACTIVITY AREA

1 Pioneer fishing, Oranjevis Fish canning / fish meal WCDM

2 Hannesbaai Fishing Abalone farming /fish meal WCDM

3 Marine Products Fish canning / fish meal WCDM

4 Southern Sea Fishing (closed) Fish canning / fish meal WCDM

5 Oceana Brands (St. Helena Bay) Fish canning / fish meal WCDM

6 West Point Fish Processing Fish canning / fish meal WCDM

7 South Cape Fishmeal Ostrich/ fish meal EDEN

8 KKI Abattoir Carcass meal EDEN

8 Oceana Brands (Hout Bay) Fish canning / fish meal COCT

9 I & J (V&A Waterfront) Fish canning / fish meal COCT

10 Gansbaai Marine Fish canning / fish meal ODM

11 Rainbow Chicken Carcass meal CWDM

Fishmeal processing plants per municipal area


Fishmeal processing


1. OFFLOADING & PUMPING 2. FRESH FISH IN PITS

3. FISH IN PITS (± 30hrs) 4. FISH IN SCREW CONVEYOR


CHIMNEY STACKS EFFLUENT TO SEA

MEAL (BEFORE MILLING) MEAL (AFTER MILLING)


Typical AEL conditions: Fishmeal processing plants


Raw material is a fresh product

• facility must audit the fresh product (garbage in garbage out)

• Facility must register product in terms of date/time (follow cold chain of product)

Cooling facilities / Storage of Product / Retention Time

• must process product within 48hrs

• negative ventilation systems to keep product under negative pressure

• storage must be under a roof (enclosed)

• if source far from rendering plant, then transport must be closed and sealed

containers, and sterilised after delivery

Abatement Technology

• NB: make use of specialist studies to address emissions from plant

• point source is not regulated in terms of S21, but must be controlled from boiler

• must run within parameters specified, monitor and record in registers

Hours of operation / production

• NB, must be taken on merit; but each application must be dealt within context

• must not operate outside of the parameters set in conditions

• can penalise the industry if odour is created (e.g. fine R2k / day)

• Facility: 24h contact at industry complaints register

Housekeeping principles cleaning programme (e.g. channels cleaned etc).

EVERYTHING MUST BE RECORDED & HAVE AN AUDITABLE RECORD, FOR AQO TO AUDIT.

…Compliance and Enforcement

…NEM:AQA (Act 39 of 2004)…

Aim:

• To ensure compliance of regulated facilities

(inspection, compliance monitoring, testing, and

records review)


City of Cape Town: residential area ~50m


Overberg District: residential on fish factory boundary


West Coast District: new developments

© Western Cape Government 2012 | NACA Western Cape - November 2014

Approach:

i. AEL compliance Inspections

ii. Complaints

iii.EMI covert operations




i. AEL Compliance Inspections:

animal matter; cement; lime works

The objectives are to:

determine compliance status with regulations, permit conditions,

and additional program requirements;

gather evidence to support enforcement actions;

obtain information that supports the permitting process;

take appropriate enforcement actions for non-compliance;

provide guidance to regulated facilities to ensure that they

understand the compliance requirements.




AEL Compliance Inspections: status


Authority Industry Status

CWDM Rainbow Farms 2013

WCDM Oceana Brands; Pioneer Fishing; PPC de

Hoek; Tronox (Namakwa Sands) 2013; 2014

CoCT Tydstroom (Pioneer Foods); FFS Refiners 2013; 2014

ODM Bontebok Limeworks 2013

EDM KKI (Tannery & Abattoir); South Cape

Fishmeal 2014




Constitution – section 24

Everyone has the right to an environment that is

not harmful to their health or well-being.

Types of complaints

odour – “offensive” – any smell which is considered

to be malodorous or a nuisance to a reasonable

person

noise

Inter-Governmental Task Teams

St Helena Bay – odour

Gansbaai – odour

Saldanha Bay – ore dust

Oudtshoorn – odour

ii. Complaints




Co-operative Governance: investigate and address matter

District Municipality: DM (Johann Schoeman)

Local Municipality: Oudtshoorn

Provincial Government: DEADP, Health

National Government: DWS, Health

Process

IGTT Authorities Meetings: Action List

IGTT Industry Meetings

Public Participation Meetings / Open Days

Way Forward

Ensure implementation of action items

SAHRC and Afriforum recognised the efforts undertaken by Authorities to

address the odour matter.

IGTT: e.g. Oudtshoorn odour




IGTT: Oudtshoorn

Abattoir AQM station

Tannery

Ambient air quality monitoring station monitors

H2S in the Oudtshoorn area

WWTWs




Team: • Noise Measurements and Noise Impact report.

• Air Quality/Odour assessment and Report.

• AQ monitoring data and met data and report.

• Digital evidence (photo’s).

Plan operation

Set up near facility

Take notes while doing assessment

Record all observations

Review notes

Write report

Determine way forward: action

iii. EMI covert operations


Plan and execute operation

• Arrange pre-meeting with Law

Enforcement officials to assist with

investigations.

• Agree on measurements and

equipment to be used.

• Perform physical verification of

odours and impact.

• Planned for taking place outside

of facility operating hours.

• Inspections end at ca. 04h00.


Set up equipment, record data / notes


Perform assessments on collected data


Inspection logsheets

WEST POINT PROCESSORS

Date 28 May 2012

Time 22h09 pm

GPS Co-ordinate 32.77488S ; 18.04704E

Observations

Odour Periodically Weak

Smoke No smoke only steam visible.

WEST POINT PROCESSORS

Date 29 May 2012

Time 02h06 am

GPS Co-ordinate 32.77891S ; 18.04913E

Observations

Odour No odour

Smoke No smoke visible only steam.

Industry X

Industry X

XXXXX

XXXXXXXX

../../../Fishing/Logsheets/Site inspection log sheet (2).doc

../../../Fishing/Logsheets/Site inspection log sheet (2).doc

AEL Statistics in the Western Cape

….to shift from source-based air pollution

control to a receiving environment

approach

…to reflect the NEMA sustainable

development principles




AEL and PAEL: Status in the Western Cape (November 2014)

Authority

2011 2012 2013 2014

PAEL AEL PAEL AEL PAEL AEL PAEL AEL

City of Cape Town 4 0 1 3 3 1 14 17

West Coast DM 5 1 1 1 4 1 5 8

Eden DM 3 0 7 2 2 14 2 6

Cape Winelands DM 1 0 0 0 0 0 2 12

Overberg DM 0 0 0 0 0 1 4 0

Central Karoo DM 0 0 0 0 0 0 0 0

DEADP - WC 0 0 0 0 0 0 1 0

Total 13 1 9 6 9 17 28 43


Total AELs + PAELs issued /authority: 2011 – current


Authority Provisional

AEL AEL

City of Cape Town 22 21

West Coast DM 15 11

Eden DM 14 22

Cape Winelands DM 3 12

Overberg DM 4 1

Central Karoo DM 0 0

DEADP - Western Cape 1 0

Total 59 67


AEL capacity building



• 2yr SLA with DEADP

• ODM issued 1st PAEL: Feb 2013

Capacity Building

• ODM adopted the AEL function

• Training on processing AELs

• Current Status: 4 PAELs + 1 AEL

e.g. Overberg DM


Implementing the AEL process is complex…

42 Go to Insert > Header & Footer > Enter presentation name into footer field

Interpretation from EIA / licensing authorities (may) differ

Integrated Environmental Authorisation: implications

Amendment of NEM:AQA

Appeal process is complex

Postponement applications to be addressed

Limited human resources


Way Forward: How do authorities address matters

arising from fishmeal plants / other industries


Town Planning / Zoning and AQOs:

• Discuss air quality and planning matters in an integrated manner

• Include recommendations on how to address this in the AQMP of the

Local Municipality, and IDP

• AQO to provide comments, as Authorities, to any new developments

• Ensure that residential development do not encroach into industrial

areas: Informal settlements etc. on doorstep; Multiple residential areas

AQO must be proactive in terms of comments provided:

• Ensure effective and consistent Air Quality Management, which includes

GHG monitoring & reduction.

• Engage with stakeholders to raise awareness with respect to air quality.

• Ensure effective and consistent compliance monitoring and

enforcement.

Thank you

Tel: Fax:

www.westerncape.gov.za

Contact Us

Joy Leaner (PhD)

Director: Pollution Management

+27 21 483 2888 +27 21 483 3254

[email protected]

Documents

OVERVIEW OF AQM AND THE ISSUING OF ATMOSPHERIC EMISSION LICENSES IN THE …naca.org.za/uploads/Overview of AQM _ J Leaner.pdf · 2016-02-02 · OVERVIEW OF AQM AND THE ISSUING OF