National air emissions standards: Application for postponement of compliance time frame

National air emissions standards: Application for postponement of compliance time frame
08 Oct 2018

The “List of Activities Which Result in Atmospheric Emissions Which Have or May Have a Significant Detrimental Effect on the Environment, Including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage” (the “List of Activities”) published in terms of section 21(1)(b) of the National Environmental Management: Air Quality Act No. 39 of 2004 provides the associated national minimum emission standards for defined listed activities.

The minimum emission standards have been developed with the aim of managing air quality and to ensure that the cumulative air pollutant concentrations from multiple sources is maintained within acceptable levels.

The List of Activities provides that an existing plant must comply with minimum emission standards for a new plant by 01 April 2020. However, an existing plant can apply for a postponement of the compliance time frame.

The application for postponement of the compliance time frame must be made to the National Air Quality Officer by 31 March 2019.

The application must be accompanied by an air pollution assessment compiled in accordance with the regulations prescribing the format of an Atmospheric Impact Report, a detailed justification and reasons for the application, and a concluded public participation process.

Failure to comply with the requirements as set out in the List of Activities is considered an offence and can attract harsh penalties.

Minimum emission standards have been identified for listed activities falling under the following categories:

1. Combustion Installations;

2. Petroleum Industry – the production of gaseous and liquid fuels as well as petrochemicals from crude oil, coal, gas or biomass;

3. Carbonisation and Coal Gasification;

4. Metallurgical Industry;

5. Mineral Processing, Storage and Handling;

6. Organic Chemicals Industry;

7. Inorganic Chemicals Industry;

8. Thermal Treatment of Hazardous and General Waste;

9. Pulp and Paper Manufacturing Activities, including By-Products Recovery; and

10. Animal Matter Processing.

If you would like a more in-depth analysis or legal advice on the submission of an application for postponement of the compliance time frame, please do not hesitate to contact us.

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Pascale de Froberville
Pascale de Froberville

Pascale is an associate in the Environmental and Sustainable Development department at Eversheds Sutherland KZN. Pascale specialises in environmental legal compliance, ISO 14001:2015 environmental management systems, auditing, sustainable development, land use and planning, environmental authorisations and licensing and natural resource law. Examples of Pascale’s recent environmental experience includes: Drafting environmental legal opinions; Legal compliance assessment and auditing; Drafting legal registers; Land use and planning; Environmental Impact Assessment; Interpretation of listed activities; Advising on general environmental authorisations pertaining to inter alia water use licences, air emissions licences and waste management licences; Pollution control and waste management Principles of sustainable development; Biodiversity and Protected Areas; Coastal management and projects within the coastal belt Pascale is knowledgeable on the principles of sustainable development and endeavours to ensure that all services provided to her clients are within the context of these principles.

Send a legal query to Pascale de Froberville
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