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2010 NATIONAL AIR QUALITY OFFICER’S REPORT ON AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA

2010 NATIONAL AIR QUALITY OFFICER’S ANNUAL

REPORT ON AIR QUALITY MANAGEMENT


CONTENTS LIST OF TABLES.......................................................................................................................................................................i LIST OF FIGURES.....................................................................................................................................................................ii 1. INTRODUCTION................................................................................................................................................................1

1.1 BACKGROUND.....................................................................................................................................................1

1.2 PURPOSE OF THE REPORT...............................................................................................................................1

1.3 SCOPE OF THE REPORT...................................................................................................................................2

2. THE NATIONAL AIR QUALITY OFFICER‟S PROLOGUE...............................................................................................2 2.1 SUMMARY PROGRESS REPORTS....................................................................................................................4

2.2 CHALLENGES....................................................................................................................................................32

2.3 RESOLUTIONS OF THE 2010 5TH ANNUAL AIR QUALITY GOVERNANCE LEKGOTLA................................34

2.4 REGULATED SECTOR EXPECTATIONS..........................................................................................................40

2.5 THE 2010 SUMMARY NATIONAL STATE OF THE AIR REPORT....................................................................42

2.6 AIR QUALITY AND THE PRESIDENTIAL OUTCOMES....................................................................................47

2.7 CONCLUSION....................................................................................................................................................48

3. PROGRESS IN RESPECT OF THE 2007 NATIONAL FRAMEWORK INDICATORS...................................................49

3.1 PROBLEM INDENTIFICATION AND PRIORISATION.......................................................................................54

3.1.1 Ambient pollutants....................................................................................................................................54

3.1.2 Pollutant point-sources.............................................................................................................................55 3.1.3 National hotspots......................................................................................................................................55 3.1.4 Provincial hotspots....................................................................................................................................61 3.1.5 Municipal hotspots....................................................................................................................................62 3.1.6 Minor, but widespread point-sources........................................................................................................67 3.1.7 Potentially polluting fuels..........................................................................................................................67

3.2 STRATEGY DEVELOPMENT.............................................................................................................................67

3.2.1 National hotspots......................................................................................................................................67 3.2.2 Provincial hotspots....................................................................................................................................68


3.2.3 Municipal plans.........................................................................................................................................68 3.2.4 Air pollution in dense, low-income communities.......................................................................................72

3.3 STANDARD-SETTING .......................................................................................................................................72

3.3.1 2nd Generation ambient air quality standards...........................................................................................72

3.3.2 Relationship with SABS............................................................................................................................72 3.3.3 New pollutants requiring ambient standards.............................................................................................73 3.3.4 Total ambient standards...........................................................................................................................73 3.3.5 Emission standards - point-sources..........................................................................................................73 3.3.6 Emission standards - minor, but widespread point-sources.....................................................................73 3.3.7 Fuel standards..........................................................................................................................................74

3.4 AWARENESS RAISING......................................................................................................................................74

3.4.1 Publications..............................................................................................................................................74

3.5 AIR QUALITY IMPACT MANAGEMENT.............................................................................................................75

3.5.1 National hotspots......................................................................................................................................75

3.5.2 Provincial hotspots....................................................................................................................................75 3.5.3 Cleaner production...................................................................................................................................76 3.5.4 Impact assessment - existing facilities......................................................................................................77

3.6 ATMOSPHERIC EMISSION LICENSING...........................................................................................................77

3.6.1 Licensing manual .....................................................................................................................................77

3.6.2 Trained officials - short courses................................................................................................................77 3.6.3 On-the-job training....................................................................................................................................77 3.6.4 Services fees............................................................................................................................................78 3.6.5 Municipal CAPCOs...................................................................................................................................78 3.6.6 APPA-AQA licensing transition.................................................................................................................78 3.6.7 Repeal of APPA........................................................................................................................................78

3.7 COMPLIANCE MONITORING............................................................................................................................79

3.7.1 Government monitoring network ..............................................................................................................79

3.7.2 EMIs..........................................................................................................................................................86


3.7.3 Emission monitoring...............................................................................................................................105 3.7.4 Compliance monitoring inspections........................................................................................................106

3.8 ENFORCEMENT...............................................................................................................................................107

3.8.1 EMIs........................................................................................................................................................107

3.8.2 By-laws...................................................................................................................................................107 3.8.3 Enforcement actions...............................................................................................................................107

3.9 INFORMATION MANAGEMENT......................................................................................................................110

3.9.1 The SAAQIS...........................................................................................................................................110

3.10 CLIMATE CHANGE RESPONSE.....................................................................................................................112

3.10.1 Long-term mitigation scenarios (LTMS) .................................................................................................112

3.10.2 National Climate Change Response Policy............................................................................................112 3.10.3 Sectoral mitigation and/ or adaptation plans...........................................................................................112 3.10.4 National communication.........................................................................................................................112

3.11 INTERGOVERNMENTAL COORDINATION AND COOPERATION................................................................113

3.11.1 Annual Air Quality Governance Lekgotla................................................................................................113

3.11.2 Provincial-municipal Air Quality Officer‟s Forums...................................................................................115

4. NEW AND EMERGING PRIORITY AIR QUALITY ISSUES..........................................................................................115

4.1 OFFENSIVE ODOURS EMANATING FROM FISHMEAL PRODUCTION.......................................................115

4.2 MERCURY........................................................................................................................................................116

5. RECOMMENDATIONS FOR THE IMPROVEMENT OF AIR QUALITY MANAGEMENT IN SOUTH AFRICA............116

6. RECOMMENDATIONS FOR THE DEVELOPMENT OF NEW INDICATORS AND THE AMENDMENT OF EXISTING INDICATORS...............................................................................................................................................116 6.1 THE NATIONAL AIR QUALITY INDICATOR....................................................................................................116

7. THE WAY FORWARD FOR 2010..................................................................................................................................117

ACRONYMS..........................................................................................................................................................................118


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LIST OF TABLES

Table 1: Atmospheric Emission Licensing status in the KZN Province...............................................................................18 Table 2: Resolutions of the 2010 5th Annual Air Quality Governance Lekgotla...................................................................34 Table 3: Summary rating in respect of progress against the 2007 National Framework indicator targets..........................49 Table 4: Key milestones for the Vaal Triangle Airshed Priority Area...................................................................................55 Table 5: Key milestones for the Highveld Priority Area.......................................................................................................59 Table 6: Key milestones for the proposed Waterberg Priority Area.....................................................................................61 Table 7: A preliminary rework and update of the 2007 National Framework Table 24 - Potential municipal air pollution hotspots metropolitan and district municipalities initially rated as having poor or potentially

poor air quality (an indicative assessment only)..................................................................................................63

Table 8: Government Air Quality Management Plans in place...........................................................................................68 Table 9: Departmental air quality publications....................................................................................................................74 Table 10: Government owned ambient air quality monitoring stations..................................................................................79 Table 11: Pollution and Waste Management Environmental Management Inspectors (EMIs)..............................................86 Table 12: Pollution and Waste Management Environmental Management Inspectors (EMIs)..............................................99 Table 13: Formal compliance monitoring inspections undertaken by the national department that included atmospheric emission compliance monitoring.....................................................................................................106 Table 14: Administrative enforcement actions taken by the national department relating to atmospheric

emissions or other APPA or AQA offences.........................................................................................................108

Table 15: National department initiated criminal cases concluded relating to atmospheric emissions or other APPA offences.......................................................................................................................................109


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LIST OF FIGURES

Figure 1: The "School of Achievement" in Ekurhuleni showing dust from mine tailing dams in the area……………..…..…14 Figure 2: Garden refuse being burned on a private residence premises in the Tshwane Metropolitan………………………15 Figure 3: As part of the Tshwane Metropolitan Municipality “Follow The Smoke” Campaign during the 2010

Soccer World Cup, a Fire Safety Officer and a Metro Police Officer extinguishes a fire causing dark smoke.....................................................................................................................................................................16

Figure 4: A comparision of the average of annual PM10 averages measured at up to 41 air quality monitoring stations around South Africa versus the National Ambient Air Quality Standard for PM10 concentrations............43 Figure 5: A comparison of the average of annual SO2 averages measured at up to 41 air quality monitoring stations around South Africa versus the National Ambient Air Quality Standard for annual SO2 concentrations.......................................................................................................................................................45 Figure 6: The initial National Air Quality Indicator (NAQI) superimposed on Figure 5 of the 2007 National Framework for Air Quality Management, i.e. the figure entitled “Framework for the use and application of the standards or objective-based approach to air quality management”.........................................46 Figure 7: Eskom‟s increasing emissions from power stations forced to operate at all costs as a result of the „electricity supply crises‟ may be a significant contributor to the alleged disturbing air quality deterioration trends since 2008.............................................................................................................................49


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1. INTRODUCTION

1.1 BACKGROUND As required by Paragraph 7.2 of the 2007 National Framework, the National Air Quality Officer (NAQO) must report on an annual basis on the progress relating to the implementation of the National Framework. The report is known as the National Air Quality Officer‟s Annual Report. A set of indicators to be included in the National Air Quality Officer‟s Annual Report are provided in Appendix 2 of the 2007 National Framework. These indicators have three basic functions, namely, to simplify, quantify and communicate key information about both the quality of air in South Africa and the efficacy of the air quality management process itself. The assessment indicators are regarded as being -

Scientifically sound.

Easy to understand and explain.

Able to develop and illustrate trends over time and differences between geographical areas.

Sensitive to the change that they are intended to measure.

Measurable and capable of being updated regularly.

Based on readily available data and information.

According to the National Framework the report will be issued annually commencing in 2008. Hence, this 2010 report is the third report that has been compiled by the National Air Quality Officer. In accordance with the National Framework, this report provides an assessment of the indicators and additional information relating to the implementation of the National Framework. The initial draft of this report for the period 1 January to 31 December 2010 was presented, in summary, by the National Air Quality Officer at the 2010 5th Annual Air Quality Governance Lekgotla on 12 October 2010 and to the 2010 National Association for Clean Air (NACA) Conference on 14 October 2010 at the Protea Hotel, The Ranch, in Polokwane, Limpopo Province. In accordance with the requirements of the National Framework, this report includes -

A list of new and emerging priority issues collated by air quality officers at a national, provincial and local level.

An identification of recommendations that are required to improve the indicator output.

Recommendations for the development of new indicators and the amendment of existing indicators.

A commentary by the department on the recommendations and proposals, and taking appropriate action on these recommendations over the subsequent 12 months.

1.2 PURPOSE OF THE REPORT The National Air Quality Officer‟s Annual Report is meant to provide all stakeholders with information relating to progress in the implementation of the National Environmental Management: Air Quality Act (Act No. 39 of 2004) (hereinafter “the AQA”) and its National Framework and, most importantly, the efficacy of this implementation with specific reference to the objectives of the AQA, namely -

Protecting the environment by providing reasonable measures for the protection and enhancement of the quality of air in the Republic.

Protecting the environment by providing reasonable measures for the prevention of air pollution and ecological degradation.

Securing ecologically sustainable development while promoting justifiable economic and social development.

Generally giving effect to section 24(b) of the Constitution in order to enhance the quality of ambient air for the sake of securing an environment that is not harmful to the health and wellbeing of people.


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1.3 SCOPE OF THE REPORT

In line with Paragraph 5.2.3.4 of the 2007 National Framework, in order to meet the progress reporting requirements inherent to the role of air quality officers (AQOs), municipal AQOs, especially those in municipalities listed in Table 24 of the 2007 National Framework, are invited to submit a Municipal Air Quality Officer‟s Annual Report to the provincial AQO at least one month prior to the Annual National Air Quality Governance Lekgotla (i.e. around the end of August 2007). The provincial AQOs then use these reports to inform the compilation of a Provincial Air Quality Officer‟s Annual Report that is to be submitted to the National AQO at least two weeks prior to the Lekgotla (i.e. around mid-September). The National AQO has to then compile the National Air Quality Officer‟s Annual Report for presentation at the Lekgotla for ratification and submission for publication. Given the above, the development of this report has been an iterative and integrative process that has relied on contributions from all AQOs. Every effort has also been made to ensure that the scope of this report is fully aligned with the 2007 National Framework.

2. THE NATIONAL AIR QUALITY OFFICER‟S PROLOGUE 2010 was a milestone year for air quality governance in South Africa as the AQA came into full effect on 1 April 2010. As background to this significant event, interested and affected parties will recall that when the AQA took initial effect on 11 September 2005, various sections relating specifically to the regulation of industrial atmospheric emissions were excluded in order for the new Licensing Authorities to build the necessary capacity to undertake this function. Hence, the Atmospheric Pollution Prevention Act (Act No. 45 of 1965) (the APPA) remained in effect to ensure that industrial atmospheric emissions continued to be regulated by the national department. However, in line with the National Framework which noted that the APPA was to be repealed and the AQA brought into full effect in the 2009/ 10 financial year, the Minister brought the AQA into full effect on 1 April 2010 (Government Gazette No. 33041, Notice No. 220 of 26 March 2010). During the period when the AQA took initial effect (11 September 2005) to the time when the AQA took full effect (1 April 2010), a period commonly referred to as the “APPA-AQA Transition”, a number of interventions had to be implemented with a view to ensuring a smooth and seamless transition between the old air quality governance regime to the new, including -

The implementation of various capacity development activities to ensure that the new AQA Licensing Authorities were ready to implement the AQA Atmospheric Emission Licensing (AEL) regime efficiently and effectively.

The development of various guidelines, manuals, standard forms and templates to assist the new AQA Licensing Authorities in implementing the AQA AEL regime in a nationally-consistent, cohesive and coherent manner.

The listing of activities to be regulated under the AQA AEL regime as well as the required minimum emission standards for the, so-called, Listed Activities.

The development and commissioning of an electronic data management system related to the AQA AEL regime - the National Atmospheric Emission Licence database.

The development of regulations in respect of the charging of Atmospheric Emission Licence (AEL) related fees.

The development and publication of “Model By-laws” for easy adoption and/ or adaptation by local authorities.


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To this end, the department implemented the following -

The APPA Registration Certificate Review Project - This project was initiated in January 2006 and was aimed at reviewing and amending prioritised APPA Registration Certificates and developing initial capacity within all affected spheres of government in respect of the AQA AEL function. The project is now complete. All new licensing authorities having significant industrial processes within their jurisdictions have received “hands-on” experience in the licensing function. To this end, the project involved numerous provincial and municipal officials.

The AEL Manual and training - Based on the practical experience from the APPA Registration Certificate Review Project (see above), the department compiled the AEL Manual for the new Licensing Authorities. This manual was work-shopped with numerous provincial and municipal officials who were also trained in the use of the manual. The manual was formally distributed at the 2009 Annual Air Quality Governance Lekgotla.

The Air Quality Management Planning Manual and training - The department also compiled the Air Quality Management Planning Manual which was launched by the Deputy Minister during the 2008 Air Quality Governance Lekgotla. This manual was also workshopped with numerous provincial and municipal officials who were also trained in the use of the manual.

The AEL fee calculator and protocol - The department has developed an AEL fee calculator to calculate the AQA licence processing fee together with a manual (protocol) on the use of the calculator.

APPA Registration Certificate database training - The department designed, developed and implemented an electronic, web-based Registration Certificate data management system that automatically converted to a national AEL data management system once the APPA was repealed and the AQA was brought into full effect. Training in the use and maintenance of the database has been provided to numerous provincial and municipal officials.

Standard forms and templates - In order to assist the new Licensing Authorities in the nationally-consistent implementation of the AQA licensing regime, the department has developed standard AEL application forms and a standard template for AELs.

Model Municipal By-laws - In order to provide guidance and assistance to municipalities with a view to the nationally-consistent implementation of the AQA, the department developed and published generic municipal air quality management by-laws for easy adaptation or adoption by municipalities.

Generic provincial-municipal AEL delegations - As dedicated air quality management capacity is not expected in municipalities where there are very few (<10) or no industries requiring a licence, the AQA provides the basis for the licensing function to be delegated to the affected province. In order to facilitate the delegation process, the department developed and circulated a generic provincial-municipal AEL delegation format.

Municipal Chief Air Pollution Control Officer (CAPCO) delegations - Before the APPA was repealed and the AQA brought into full effect, in order to allow municipalities to carry out the licensing function should they believe that they were fully capacitated to do so, the department, on the request of such municipalities, delegated the powers of the CAPCO in terms of Section 6(5) of the APPA to these municipalities. These delegations included the City of Cape Town (83 AELs or 5.5% of the total), the Ekurhuleni Metropolitan (236 AELs or 15.5% of the total) and the City of Johannesburg Metropolitan (75 AELs or 4.9% of the total). Thus, over 25% of South Africa‟s atmospheric emission authorisations were already being administered by new Licensing Authorities before 1 April 2010.

The Annual Air Quality Governance Lekgotla - Since 2005, the department has hosted the Annual Air Quality Governance Lekgotla - a premier event for officials from all spheres of government to interact with their colleagues and peers and to share experiences and lessons learned. The Lekgotla also provides the department with an effective platform for informing all spheres of government about the national AQA rollout plans and progress reports. In essence, this two day event, held back to back with the Annual National Association of Clean Air (NACA) Conference, focuses on practical air quality governance challenges facing all affected spheres of government, especially municipalities. Starting as a small “side-event” to the 2005 NACA


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Conference in Cape Town with around 25 participants, the Lekgotla has grown from strength to strength (see 3.11.1).

With the above the Minister was confident that sufficient arrangements had been made and/ or capacity put in place to ensure that, when the APPA was repealed and the AQA brought into full effect, the new Licensing Authorities would, in the short-term, provide the same, or a better service, as that provided by the national department from 1965 and, in the medium- to long-term, would provide a far better service

Although it is probably too early to report on whether the Minister‟s expectations have been met, early anecdotal evidence appears to suggest that the new Licensing Authorities have risen to the challenge and, in some cases, are already providing an excellent service.

2.1 SUMMARY PROGRESS REPORTS At the national level, the department‟s air quality section, i.e. the Chief Directorate: Air Quality Management and Climate Change, went through a number of changes in response to, among others: (i) the department‟s new role in respect to industrial emission regulation; (ii) the creation of a dedicated climate change branch in the department; and (iii) the transfer of the ozone-layer protection functions to the department‟s section dealing with the control of chemicals (ozone-depleting substances in this case). The new structure for chief directorate housing the National Air Quality Office - the Chief Directorate: Air Quality Management - was approved by the department‟s Director General on 19 May 2010 as illustrated below.


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Despite the inevitable disruptive impact of the regulatory and organisational changes described above, the National Air Quality Office was still able to deliver the following outputs -

A database on all available South African air quality related research that was compiled in 2004 was updated, reformatted, published on the South African Air Quality Information System (SAAQIS) in September 2010, profiled in the quarterly NAQO News and demonstrated at the 2010 Annual Air Quality Governance Lekgotla.

Quarterly editions of the increasingly popular National Air Quality Office newsletter, the NAQO News, were compiled, circulated to the department‟s air quality stakeholder database (a database with over 850 contact details for government, business, industry, academic, Non-governmental Organisation (NGO) and Civil Body Organisation (CBO) stakeholders) and published on the SAAQIS.

The DEA‟s six monitoring stations which makes up the Vaal Triangle Airshed Air Quality Monitoring Network were fully operational during the reporting period and the transfer of these assets to the South African Weather Service (SAWS) as part of the DEA-SAWS agreement on air quality information was approved by the Director-General in August 2010.

The DEA‟s five monitoring stations which make up the Highveld Air Quality Monitoring Network were fully operational during the reporting period.

Phase I of the South African Air Quality Information System (SAAQIS), the basic core functionality and its detailed ambient air quality monitoring functionality was formally completed and launched by the SAWS Chief Executive Officer (CEO) and the National Air Quality Officer on World Meteorological Day, 23 March 2010.

The formal agreement between the DEA and the SAWS on air quality information services was signed on 23 March 2010 and the amendments to the South African Weather Service Act (Act No. 8 of 2001, the SAWS Act) that will make the provision of these services a mandatory public good was drafted.

A plan for the rollout of the National Ambient Air Quality Monitoring Network (NAAQMN) to provide full national coverage by 2020 was compiled in September 2010 and included in the SAWS‟s air quality information services business case.

The meta-data relating to each of the air quality monitoring stations within the NAAQMN that is reporting to the SAAQIS was reviewed and updated in March 2010 to ensure that the information provided is accurate, complete and up-to-date.

The 5th Annual Air Quality Governance Lekgotla was successfully held from 11-12 October 2010 at Protea Hotel, The Ranch, in Polokwane, Limpopo Province (see 3.11.10).

The DEA‟s agreement with (NACA) on the co-hosting of the annual air quality event that includes the National Annual Air Quality Governance Lekgotla and NACA‟s Annual Conference was updated, expanded and signed on 12 October 2010.

The proposed National Air Quality Indicator was developed and workshopped with all interested stakeholders on 13 October 2010.

The proposed approach to regulatory air pollution dispersion modelling was compiled and workshopped with all interested stakeholders on 13 October 2010.

Work on updating the SAAQIS “look and feel” was initiated on 25 August 2010.

With the employment of the DEA‟s Special Advisor: Air Quality Information Systems and Modelling, Dr. Patience Gwaze, in March 2010 and the purchase of all the necessary hardware and software, the department‟s air quality modelling facility is now fully operational.

The “pocket-sized” AQA and its regulations was compiled, published and circulated at the Lekgotla on 11 October 2010.

A complete and up-to-date interactive Air Quality Officer Database was compiled and published on the SAAQIS on 1 April 2010. It is hoped that this initial intervention aimed at assisting AEL applicants will grow into a fully-fledged AEL application portal within the next year or two.

Three more data-sharing agreements were signed, hence there are now 24 ambient air quality monitoring stations providing data to the SAAQIS.

The Minister acknowledged her intention to declare the north-western portion of the Limpopo Province as the Waterberg Priority Area (Government Gazette No. 33600, Notice No. 939 of 8


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October 2010).

The tender to establish the Waterberg Air Quality Monitoring Network as part of the NAAQMN was advertised in November 2010 and the tender was awarded in the 2011-2012 financial year.

The Minister‟s Notice for publishing Model Air Quality Management By-law for easy adoption and adaptation by municipalities were published in the Government Gazette No. 33342, Notice No. 579 of 2 July 2011.

The baseline assessment/ problem analysis for the Highveld Priority Area was compiled, workshopped and signed off by the Highveld Priority Area Multi-stakeholder Reference Group (MSRG) on 19 April 2010.

The implementation of the Vaal Triangle Airshed Priority Area (VTAPA) Air Quality Management Plan (AQMP) was formally handed over from the DEA‟s Sub-directorate: Priority Area Planning to its new Sub-directorate: Priority Area Implementation during the VTAPA MSRG Meeting on 13 September 2010.

A “negotiated approach” to dealing with offensive odours from the fishmeal industry was developed and agreed by the national department, Western Cape‟s provincial department and affected municipalities in Langebaan on 3 December 2009. Background research in the form of a health risk assessment was initiated in St. Helena Bay in the latter half of 2010.

An initial assessment of the AQA and its implementation was compiled in November 2010 with a view of developing possible AQA amendments as part of the National Framework five year review process to be completed in 2012.

The DEA and South African Local Government Association (SALGA) signed a Memorandum of Understanding (MoU) whose main objective was to ensure that all spheres of government plan and implement collectively on issues of the environment through coordinated policy and legislative alignments. To achieve this objective, provincial workshops were arranged by the two signatories to capacitate officials from all spheres of government on the need to incorporate environmental issues during municipal planning. The DEA‟s Air Quality Management Planning team presented in all the workshops, emphasising the need for incorporating the AQMP into the Integrated Development Plan (IDP) as required by the legislation. The workshops were held in all the provinces except KwaZulu-Natal, which will take place in late February.

On top of these outputs, three outputs generated in the reporting period related to the APPA-AQA transition require specific mention -

The AQA S.21 Notice - Permitting, an important command and control regulatory instrument, is the tool used in the AQA to regulate atmospheric emissions from significant industries. To this end, S.21 of the Act requires the Minister to list the activities that will require AELs as well as minimum emission standards for these Listed Activities. In this regard, the DEA concluded an extensive consultation process that was launched during the development of the 2007 National Framework in late 2006, continued through focused industrial multi-lateral and bilateral engagements to early 2008 and continued in a standard SABS standard-process - a consultative process that took over two and a half years. Subsequent to these processes, the legally required consultative process was successfully conducted and independent expert opinion was provided to the department in respect of the various comments received. With this, the Minister published the national “List of Activities” and their associated minimum emission standards on 31 March 2010 (Government Gazette No. 33064, Notice No. 248 of 31 March 2010). This is regarded as a milestone event as, although the S.21 Notice may not be perfect, it is a highly detailed piece of work that will significantly assist both

“Finally, „speed limits‟ for polluters …on the 24th of December 2009 and the 31st of March 2010 two significant milestones were reached in South Africa. We received a Christmas present from the President when ambient air pollution standards were gazetted. Then, the day before April fool‟s day, the industrial air emission standards were gazetted. Up until these dates there were no limits on the pollution that industry could produce. There are significant gaps and weaknesses of approach in these standards, but they are a good start. The challenge now lies in ensuring that these standards are enforced.” (Siziwe

Khanyile, Air Quality Campaign Manager, groundwork, extract from the groundwork Annual Report 2010)


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the regulated community and the regulator in ensuring a “level-playing field” and a nationally- consistent approach to significant industrial emission regulation. Importantly, modelling of the potential impact of the minimum emission standards in the Highveld Priority Area shows that these standards will have important air quality benefits, and may also result in full compliance with ambient air quality standards in some areas.

The final APPA-AQA transition - In bringing the AQA into full effect on 1 April 2010 (Government Gazette No. 33041, Notice No. 220 of 26 March 2010), the Minister repealed the APPA and effectively ended the APPA era of air quality management in South Africa that had started in 1965.

The APPA Registration Certificate backlog - During the APPA-AQA transition and the various regulatory and organisational changes and disruptions associated with this transition, a backlog of over 160 applications for new APPA Registration Certificates (the atmospheric emission permit issued in terms of the APPA) or Registration Certificate amendments or revisions was unfortunately allowed to increase within the department. However, by the 1 April 2010 transition, this backlog had been substantially reduced to fewer than 20. These final remnants of the APPA era will be finalised by the new Licensing Authorities with assistance from the department.

Finally, another extremely significant development during this period was the recognition by the Presidency of the importance and significance of air quality and air quality management (see 2.6). The Eastern Cape‟s Department of Economic Development and Environmental Affairs (DEDEA) noted the following as air quality highlights for 2010 -

Three Provincial-municipal Air Quality Officer‟s Forum (AQOF) meetings were held during the year.

The Nelson Mandela Bay Municipality is developing their AQMP.

The Eastern Cape Climate Change Response Strategy is being developed including a Risk and Vulnerability Study, a Greenhouse Gas (GHG) Emission Inventory, Technology Assessment, a Response Strategy and a Communication Strategy.

A Clean Fire Campaign was held in Indwe. The event consisted of a one day workshop in which officials were trained in the use of the top-down fire-making methodology (Basa Njengo Magogo (BNM) methodology) as well as an outreach event in which the local community was trained in air quality management.

The National Listed Activities and Standards Notice were workshopped with AQOs and the general public with total participation of over 400 people.

Work on the compilation of a Provincial Air Quality Emissions Inventory was initiated.

A multi-task force audit of a carbon black industry was undertaken involving the Environmental Management Inspectorate (the Green Scorpions), the Blue Scorpions, Nelson Mandela Bay Municipality and the DEDEA. The audit assessed the compliance of the industry with air quality, waste and water quality legislation and permits.

The Nelson Mandela Bay Municipality developed a quality control/ quality assurance system for their air monitoring systems.

A needs assessment of the air quality monitoring capabilities of the Eastern Cape was conducted.

For the Free State, the Free State Department of Economic Development, Tourism and Environmental Affairs (DETEA), on behalf of the Free State Province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. The report was compiled by the DETEA and Fezile Dabi District Municipality, Lejweleputswa District Municipality, Thabo Mofutsanyana District Municipality, Motheo District Municipality and Xhariep District Municipality. In this regard it was noted that although the Free State is not specifically identified in Table 24 of the National Framework, there is a belief that some Free State municipalities may have a potentially poor and/ or poor air quality status. In terms of general air quality information management, systems and monitoring, the Free State reported that -

The Sub-directorate: Air Quality Management and Climate Change of the DETEA has not formally appointed personnel; however three vacant posts have been funded to be filled within the current


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financial year. The current staff compliment that performs the functions of this sub-directorate consists of one contract worker and three Environmental Officers from the Environmental Quality Directorate.

The DETEA is in the process of developing an air emissions inventory for the Free State Province and has completed the terms of reference for such a study. Once the emissions inventory has been developed, a feasibility study on the siting of ambient air quality monitoring networks in the municipalities that have poor air quality status will commence since the DETEA currently does not have any ambient air quality monitoring stations of its own.

With regard to the Motheo District Municipality -

Although the municipality has designated an AQO, there is no institutional capacity to ensure continued air quality management and no posts have been advertised due to the pending decision of the Demarcation Board to re-determine Mangaung Local Municipality into a metropolitan.

There are three air quality monitoring stations in the Motheo District Municipality and these are situated in Bayswater, Pelonomi Hospital and Rocklands. The three stations are owned and managed by Mangaung Local Municipality which has also employed two officials responsible for Environmental Pollution and Air Quality Management functions.

The district municipality has performed a baseline assessment of its air quality status and are in the process of developing an emissions inventory that will also assist in determining those facilities that were not part of the APPA Review Project and are not in possession of the AEL.

With regard to the Fezile Dabi District Municipality -

o The municipality has designated an AQO and it is constantly developing its institutional capacity to ensure continued air quality management as it has three officials performing air quality functions.

o There are five air quality monitoring stations within this district but these are not owned by the district municipality or the local municipalities. Four of the monitoring stations are owned by Sasol and the other one is owned by the DEA.

o The municipality uses the Inzekile Information System to register air quality complaints, compliance monitoring and the AEL function.

With regard to the Thabo Mofutsanyana District Municipality -

o Although the municipality has designated an AQO, it has not developed its institutional capacity to ensure continued air quality management hence it has not performed any activity with regard to air quality management.

With regard to the Lejweleputswa District Municipality -

o The municipality has designated an Air Quality Officer and it is constantly developing its institutional capacity to ensure continued air quality management. It has incorporated the training of Environmental Health Practitioners (EHPs) as part of the intervention strategies to strengthen its air quality management staff complement.

o No ambient air quality monitoring takes place in this district and there are no specific systems in place for effective air quality management.

With regard to the Xhariep District Municipality -

o The municipality has designated an AQO but it has not developed its institutional capacity to ensure continued air quality management.

o No ambient air quality monitoring takes place in this district and there are no dedicated systems in place for effective air quality management.


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In terms of AQMPs and strategies, the Free State reported that -

The DETEA has developed an AQMP for the Free State Province.

The DETEA has within its air quality management strategies developed a Capacity and Coordination Programme that continuously and robustly capacitates district municipalities on air quality management and transitions that have taken place within the last five years. During this initiative the DETEA convenes ad-hoc meetings with the municipalities and workshops on air quality management functions and legislative requirements are elaborated.


o This district and its local municipalities have not yet developed AQMPs. The current strategy to air quality management for the municipality is to first develop an emissions inventory and to use it in the formulation of its AQMP.


o The municipality has developed an AQMP but there are no AQMPs for the four local municipalities within its jurisdiction.

o The district municipality is also populating a restructured organogram and the posts will be filled during the 2010/ 2011 financial year.


o There are no AQMPs in the district and its local municipalities.


o The municipality has developed its AQMP but it has not formulated any other strategies. o The local municipalities within this district do not have AQMPs.


o There are no AQMPs in the district and its local municipalities.

In terms of air quality by-laws, regulations, norms and standards, the Free State reported that -

The DETEA is in the process of developing air quality management by-laws that municipalities can adopt and the draft document is still undergoing public participation.

There are no regulations that have been drafted on air quality management and related issues.

The Free State has not developed its own set of norms and standards and those that have been developed nationally are applicable in the province.


o There are no air quality by-laws in place and the municipality does not have a set of norms and standards that should be complied with.


o The municipality has budgeted for the development and adoption of air quality management by-laws in the 2010-2011 financial year and it has no norms and standards in place.


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o There are no planned activities with regard to by-laws, norms and standards as the municipality has not developed any air quality management strategies.


o There are no planned activities with regard to by-laws, norms and standards as the municipality did not include the activity in their intervention strategies that will form part of phase one of implementation.


o There are no planned activities with regard to by-laws, norms and standards as the municipality has not developed any air quality management strategies.

In terms of public awareness and campaigns, the Free State reported that -

The Chief Directorate for Environmental Affairs and Conservation at the DETEA has the Sub-directorate: Environmental Education and Community Empowerment Services which provides education and training on air quality issues, Climate Change and global warming.

This sub-directorate currently performs the latter function within 10 local municipalities, 12 farmer associations and 178 eco-schools that are registered internationally.

The DETEA through the latter sub-directorate has also included air quality management and energy efficiency in their Green Municipality Competition decision criteria and this evaluates 25 municipalities within the province.


o The district continuously holds workshops on environmental issues including air quality. The Mangaung Local Municipality does most of the community engagement and education programmes and these are carried out by personnel who perform air quality monitoring for the municipality.

With regard to the Fezile Dabi District Municipality - o The municipality launched the clean fires campaign (Basa Njego Magogo Methodology) in

its four local municipalities.


o No activities have been performed with regard to public awareness and campaigns.


o The municipality has not performed any public awareness and campaigns. However, it did received full public participation from interested and affected parties and the general public during the AQMP process.


o No activities have been executed with regard to public awareness and campaigns.


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In terms of AEL, the Free State reported that -

The DETEA has embarked on a process of arranging training and capacity building workshops for AQOs in the District Municipalities.

The DETEA has requested the district municipalities which are still not able to handle the AEL function to sign Service Level Agreements (SLAs) with it. However, all the municipalities decided to perform the function and have designated its AQOs.

The Sub-directorate: Air Quality and Climate Change has actively coordinated the milestone of the district municipalities to grant exemptions for the deviation of the AEL conditions especially Fezile Dabi District Municipality as it is part of the Vaal Airshed Priority Area.


o The AQO from this municipality has received training during the DEA workshops on AEL applications and further training at the University of Johannesburg.

o This district has not received any AEL applications but it has embarked on a programme that identifies activities that are not in possession of either the APPA Review Certificate or the AEL.


o The municipality has identified facilities that operated without APPA Review Certificates and that are also not in possession of the AEL and it is working on a programme to address this non-compliance.

o The municipality is also engaged in on-going meetings with industries on the APPA Review Certificates and its conversion into AELs (Eskom Lethabo Power Station and SASOL).

o The municipality has received two applications for AELs since it became the Licensing Authority.


o The municipality requires training and capacity building on how to handle AELs and it has not received any applications thus far.

With regard to the Lejweleputswa District Municipality - o The municipality requires training and capacity building on how to handle AELs and it has

not received any applications thus far.

With regard to the Xhariep District Municipality - o The municipality requires training and capacity building on how to handle AELs. To date it

has received one application.

In terms of compliance and law enforcement, the Free State reported that -

The DETEA currently does not have officials in the Sub-directorate: Compliance and Law Enforcement that are capacitated to handle air quality complaints thus they rely heavily on the assistance of the officials in the Sub-directorates Air Quality Management and Climate Change and Waste Management and Pollution Control.


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o There is currently no law enforcement in this district municipality for air quality management as there are no officials trained as Environmental Management Inspectors (EMIs). The non-compliance monitoring is done by the Environmental Officer from the Mangaung Local Municipality.

With regard to the Fezile Dabi District Municipality - o This district municipality has been monitoring compliance as well as granting exemptions to

applications but they only have one official who has received EMI training and is awaiting designation. Hence, the municipality still has short-comings with regard to law enforcement.

With regard to the Thabo Mofutsanyana District Municipality - o There is no compliance monitoring as well as law enforcement in this district and there are

no municipal officials trained as EMIs.

With regard to the Lejweleputswa District Municipality - o There is no compliance monitoring as well as law enforcement in this district and there are


With regard to the Xhariep District Municipality - o There is no compliance monitoring as well as law enforcement in this district and there are


In terms of specific air quality improvement campaigns and projects, the Free State reported that -

The DETEA has piloted the BNM fire making methodology in Xhariep District Municipality and the it is aiming at rolling out the programme to other local municipalities.

The DETEA will establish and convene the Provincial-local AQOF.

The DETEA plans to identify possible controlled emitters.

The DETEA plans to develop a guideline document for municipalities on AEL.


o The projects that have been planned for the district municipality have been placed on hold in order to align them with the decisions of the Demarcation Board with regard to the re-determination of the Mangaung Local Municipality into a metropolitan.

With regard to the Fezile Dabi District Municipality - o There are no campaigns or air quality projects at this stage.

With regard to the Thabo Mofutsanyana District Municipality - o There are no campaigns or air quality projects at this stage.



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o The following projects are envisaged by the district municipality as part of phase 1 of the implementation of interventions enshrined in the its AQMP -

Project management for the development of an emission inventory.

Implementation of a software program to manage the emissions inventory.

Database development and emission calculations.

Development of reporting protocols.

o Establish and facilitate the District Air Quality Forum.


o There are no campaigns or air quality projects at this stage. For Gauteng, the Gauteng Agriculture and Rural Development (GDARD), on behalf of the Gauteng Province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. In terms of general air quality information management, systems and monitoring, Gauteng reported that -

The GDARD has a 12 months project on the repair and maintenance of the seven air quality monitoring stations that were donated to the municipalities in Gauteng.

Most municipalities have their own air quality monitoring networks. The number of air quality monitoring stations varies from one municipality to the other, e.g. City of Johannesburg (CoJ), Ekurhuleni, Tshwane, etc.

The province and most municipalities are considering linking their monitoring networks to the SAAQIS.

The Westrand District Municipality (WRDM) together with its local municipalities are in the process of developing an SLA regarding a full implementation of the AQA and the running of the ambient air quality monitoring stations as well as other air quality management issues in the region.

In terms of AQMPs and strategies, Gauteng reported that -

It will be launching its Provincial AQMP at the Air Quality Summit which is scheduled to take place on 22 October 2010.

The CoJ is busy with the review of its 2003 AQMP.

Ekurhuleni is already implementing its AQMP.

The Metsweding District Municipality‟s AQMP has been adopted by the Council.

The WRDM has completed reviewing the Integrated AQMP (IAQMP) to include Merafong Local Municipality. The IAQMP is undergoing the approval process.

Currently the WRDM‟s IAQMP is in the process of being approved by its Council and thereafter by the GDARD prior to its implementation.

The Sedibeng District Municipality (SDM) has adopted the implementation of the Vaal Triangle Airshed Priority Area AQMP for use in SDM.

Tshwane is implementing its AQMP.

There is also provincial and municipal Climate Change strategy processes aimed at addressing emissions, aligned with national commitments.

There is also a Mine Dumps Rehabilitation Strategy process which is aimed at addressing problems emanating from mine dumps (see Figure 1 below).


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Figure 1: The "School of Achievement" in Ekurhuleni showing dust from mine tailing dams in the area

In terms of air quality by-laws, regulations, norms and standards, Gauteng reported that -

GDARD is using the NEMA: EIA regulations for industrial activities which need AELs.

Gauteng is currently using the National Ambient and Air Quality Priority Area Standards for ambient air quality monitoring.

The province is currently using the National Emission Standards for AEL.

Most municipalities have air quality and air quality related by-laws.

Some municipalities are reviewing their by-laws to enable the implementation of the AQA, e.g. the CoJ‟s By-law is currently going for promulgation.

In terms of public awareness and education, Gauteng reported that -

There are Energy Efficiency Awareness Programmes and campaigns in most municipalities, e.g. Metsweding District Municipality rolled out its programme in partnership with the DEA, GDARD, Eskom and EnerKey among other stakeholders.

Rollout of the BNM methodology in Sedibeng District Municipality, Ekurhuleni Metropolitan and the CoJ. These involved other parties such as the Central Energy Fund (CEF), DANIDA and NOVA, among others.

Ekurhuleni has three Industrial Forums happening every second month. Another Industrial Forum had participation from the DEA, GDARD and NACA representatives.

The WRDM has recently appointed a new Air Quality Monitoring Officer with effect from 1October 2010.

The GDARD conducted workshops with the National Nuclear Regulator (NNR) on radiological pollution.

Stakeholder forum for various industrial sectors.

Most public awareness and education programmes in the CoJ are project driven.

In terms of AEL, Gauteng reported that -

It is developing a Standard Operating Procedure (SOP) for aligning AEL and EIAs.

The three metropolitans and the three districts in Gauteng are handling the AEL function. (All the municipalities in Gauteng have accepted the AEL function)


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The GDARD will be handling the applications from MoEs, in collaboration with the DEA.

The CoJ and Ekurhuleni are building on from its CAPCO experience, while for other municipalities it is new.

For example the CoJ has processed three applications and four are outstanding.

Ekurhuleni‟s AEL processes and systems are in place and are being implemented gradually.

The Competent Authorities have received several applications which are mostly being reviewed through the support from the DEA and GDARD.

In terms of compliance and enforcement, Gauteng reported that -

The CoJ has two people who have attended the EMI training.

There is a need for EMI training and the designation of officials doing AEL.

Where there are existing compliance and enforcement structures these are also being utilised for AEL.

There are joint operations conducted with various stakeholders, e.g. Ekurhuleni had more than four successful joint operations with the GDARD and the National: Compliance and Enforcement inspections on problematic Listed Activities.

The CoJ has also conducted three compliance inspections in collaboration with the GDARD.

In terms of specific air quality improvement campaigns or projects, Gauteng reported that -

There are various initiatives that are aimed at air quality improvements in the province.

Ekurhuleni has been implementing the Diesel Emission Testing Programme for the past five years.

Sedibeng has also launched its Diesel Emissions Testing Awareness Campaign.

Strengthening the inter-governmental relations structures such as the AQOF by aligning it with the Member Executive Committee- Member of Mayoral Committee (MEC-MMC) and the Minister-MEC programmes.

The CoJ has a Stack Emissions Monitoring Campaign on MoEs and industry in general.

In addition to the above the reporting/ updating political principals is also key, e.g. the CoJ reports to the Council on a quarterly basis.

Figure 2: Garden refuse being burned on a private residence premises in the Tshwane Metropolitan


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Figure 3: As part of the Tshwane Metropolitan Municipality “Follow The Smoke” Campaign during the 2010 Soccer World Cup, a Fire Safety Officer and a Metro Police Officer extinguishes a fire causing dark smoke

For KwaZulu-Natal, the KZN Department of Agriculture, Environmental Affairs and Rural Development (DAEA&RD), on behalf of the province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. In terms of monitoring and general air quality information management and systems, KZN reported that -

The DAEA&RD has recently setup its own data management system at its head office for managing the KZN ambient monitoring stations. The system being used is Ecostat. It is housed in the department‟s servers and website and it is accessible to municipalities involved in monitoring in the KZN Province. The system is built with expandability to add on additional stations and it can assist local municipalities with data management. Verification will also be conducted in-house and systems are setup to conduct this activity. The system was setup to report data to the SAAQIS. The DAEA&RD is in the process of signing a data-sharing agreement with the SAAQIS.

Sophisticated Quality Assurance and Quality Control of the ambient monitoring system has been developed in the province.

The monitoring systems were recently audited by the DEA.

The monitoring stations have also recently been serviced and calibrated and the data communication upgraded.

Huletts Aluminium affected engineering control mechanisms to its boiler operations and has also reduced dark smoke emissions considerably.

SAPPI Mandeni has converted one of its boilers to use biofuel, a practice which augurs well for Climate Change adaptation and corresponding reduction of GHG emissions.

In partnership with the DEA and the municipalities, the process of finalising the Registration Certificate of sectors is on-going with corresponding training, development and skills transfer to governance officials.

S.30 incidents duly investigated and completed in partnership with the municipalities where such incidents have occurred.

In joint partnership with the municipalities, compliance audits were conducted at problematic


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industries in KZN.

Forums are being established with the intention of securing an all-inclusive process for the control and abatement of pollution.

There are now conscientised and informed communities and NGOs who vigorously campaign for the rights to clean air in the environment in which they live.

The Emission Inventory Database for the KZN Province is completed and is presently updated on a sector basis. The information already obtained determined “hotspots” in the province which correlated with the findings of the National Framework Table 24. The information obtained assisted in the compilation of the AQMP for some of the district municipalities.

In terms of air quality management plans and strategies, KZN reported that -

The DAEA&RD has quarterly meetings with Municipal AQOs and has given guidance to the municipalities on the development of an AQMP. The department has also assisted two municipalities in the compilation of its AQMPs and has stressed to other municipalities that the use of consultants must be limited when developing these plans. Municipalities to seek cooperative agreements with universities to seek assistance through the use of students to compile dissertations on the development of AQMP. The department has provided guidelines for the plan.

Training was also conducted for Municipal Officials on the compilation of AQMPs. This has resulted in the uThukela District Municipality compiling its own AQMP without the use of consultants.

An AQMP was completed for the Ilembe District Municipality (Stanger) by using a university student engaged in MSc study.

The Ethekwini Metropolitan has completed its AQMP and has embarked on a management strategy to address poor air quality in the entire metropolitan.

The AQMP Terms of Reference (ToR) for the Ugu District is currently being developed. Once completed it will be advertised seeking potential service providers.

The empowerment of governance officials National Environmental Management: Air Quality Act 2004 and on Legislative Tools

Cooperative governance strategies with other regulatory authorities include - o Meetings with officials from district/ local municipalities and national to deal with a wide

range of air quality issues and problematic industries. o Concurrent responsibilities with other tiers of government have been established to prevent

overlapping. o Health Study findings concluded respiratory hyperactivity and decreased lung functions

amongst children and vulnerable persons predisposed to asthma in the South Durban Basin when compared to those persons living in the Control Area.

o Most municipalities recognise the need for air quality governance. This has been demonstrated by dedicating personnel to this discipline on a full time basis amongst the profession of EHPs.

In terms of AQMPs and strategies, KZN reported that -

Training was conducted for Municipal Air Quality Practitioners and DEA officials on the AEL Manual and the Registration Certificate Database.

Presentations were made at various forums on air quality and the S.21 Notice, Listed Activity. Industries were also informed on the requirements of the AQA through workshops.

It is awaiting the promulgation of the Generic By-laws.

Ethekwini continues with the Schedule Trades By-laws with phenomenal results.

The indiscriminate burning of sugar cane has prompted DAEA&RD to take decisive steps to ensure, as far as reasonably practicable, that the burning of sugar cane in parts of the KZN Province takes place under responsible and controlled conditions without compromising the fragile atmosphere. Fires from the burning of sugar cane generally have a negative impact on the air quality and the


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health of those who live in the sugar cane regions. Replacement of burning by green harvesting will certainly benefit the health conditions of those living in the sugar cane areas and it is also deemed an adaptation from a Climate Change perspective, especially in the KZN Province as it is vulnerable to the effects of Climate Change. A Service provider has been appointed and work will commence in November 2010.

In terms of public awareness and education, KZN reported that -

The DAEA&RD is currently setting up public awareness campaigns in the areas where new projects are being conducted to report on the benefits of the projects to the province and the communities, e.g. the Health Study in Richards Bay.

The department has also capacitated municipalities on the use of its new data management system, ambient air quality and S.21 Notice, Listed Activity. o DAEA&RD have addressed the sugar cane mills, Illovo and Tongaat Huletts on the S.21

Notice.

In terms of AEL, KZN reported that -

The DAEA&RD submitted letters and attended meetings with high level managers to fast tract the appointments of the District AQOs. The Department had stressed the importance of the AQO and the benefits that districts will achieve if they appoint AQOs. Only one District Municipality out of 11 is yet to submit its nominations.

The department assisted with the criteria of the AQO job description for various municipalities.

The department is also conducting in-house training for newly appointed AQOs and is planning a two day workshop in November 2010 together with Ethekwini to capacitate other districts in KZN with the AEL processes.

The department also attends meeting with municipalities and industries to discuss the new act requirements from industries and the status of the applications.

Table 1: Atmospheric Emission Licensing status in the KZN Province

ATMOSPHERIC EMISSION LICENSING STATUS IN THE KZN PROVINCE

Date

Company

Nature of application

Category of Listed Activity

Comments

Responsible person

20/09/2010

NPC-CIMPHOR Newcastle

The addition of fly ash to the cement manufacturing process at NPC-CIMPHOR, Newcastle.

4.20 5.3

Application received via courier on 20/09/2010.

Puckree/ Simphiwe

20/09/2010

NPC-CIMPHOR Durban

Products from the Newcastle operations such as fly ash and slag are supplied to the Durban NPC and it is obligatory for the NPC to amend the Registration Certificate.

5.3

Application submitted to Ethekwini and is under consideration. Ref: Mr Sharveen Maharaj

Sharveen Maharaj


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ATMOSPHERIC EMISSION LICENSING STATUS IN THE KZN PROVINCE

Date

Company

Nature of application

Category of Listed Activity

Comments

Responsible person

20/09/2010

NPC-SIMUMA

Use of spent pot liners at the NPC plant at Port Shepstone.

5.3

Application is being compiled.

Noliyiso/ Puckree

25/08/2010

ALUMICOR

Increase in production limits from 1400 tons to 1800 tons of smelting spent aluminium.

4.4

Letter sent requesting information and application form being compiled.

Puckree/ Rajoo

28/07/2010

Engen Petroleum

New application for bunker tankers (Diesel and Marine Fuel/ Gas Oil).

2.2

Application received by uThungulu District Municpality (UDM) via email and is currently under review.

Nozipho Khathi/ Puckree

27/09/2010

Tata Steel

New application received.

4.1,4.9, 4.11, 5.1

Application received by UDM via email and is currently under review.

Nozipho Khathi/ Puckree

27/09/2010

RBM

Point-source permissible emission limits, five year versus 10 year target versus current requirements.

7.2.

E-mail requesting info was sent to the DEA.

Nozipho/ Mazwi

28/09/2010

ARCELORMITTAL

Re-commissioning of a coke oven battery.

1.1

Application received via post on 28/09/2010.

Puckree/ Simphiwe

In terms of compliance and enforcement, KZN reported that -

On 15 May 2009, there was ethyl acrylate vapour breakthrough from the Acrylate Tanks, of VOPAK Terminal Durban (Pty) Ltd situated at the corner of Trinidad and Taiwan Roads within the Island View complex, resulting in ethyl acrylate vapours being released and dispersed into the atmosphere. This ethyl acrylate vapour release resulted in Ethekwini and the Metropolitan Fire and Emergencies Call Centre receiving 28 complaints from affected neighbouring residents. Ethekwini Health had prosecuted the above company as they have contravened the Scheduled Trades Permit and Occupational By-laws of the City of Durban. The company had to pay R 40 000 as an admission of


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guilt fine to Ethekwini Municipality. In terms of specific Air quality improvement campaigns or projects, KZN reported that -

The DAEA&RD is compiling a sugar cane burning policy and has awarded a consultant the job. The project is to be completed in this financial year.

The department is conducting a health study at Richards Bay as Richards Bay is fast becoming the industrial hub of the KZN Province. The aim of the study is to describe the range of ambient exposures of criteria pollutants through informed and acceptable ambient monitoring systems; to assess the potential risks posed by such exposures through a health risk assessment concerning the health of the community in the Richards Bay area and to conduct an asthma prevalence study. The study is being done over a two year period so as to capture two seasonal monitoring campaigns.

The department has setup its own data management system to manage its monitoring stations so that it does not have to rely on consultants to perform this function.

A new ambient monitoring station has been set up in Pietermaritzburg measuring criteria pollutants. The site has been identified as a problem area in a preliminary study that was conducted.

For Limpopo, the provincial department, on behalf of the province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. In terms of monitoring and general air quality information management and systems, Limpopo reported that -

The Capricorn District Municipality appointed a service provider to implement continuous monitoring of PM10 and passive sampling for SO2, NO2, O3, and VOCs (BTX).

The Polokwane Local Municipality is carrying out passive ambient air quality monitoring for SO2 and Particulates.

The Sekhukhune District Municipality appointed a service provider to implement a continuous ambient air quality monitoring project for SO2, NO2, and PM10.

The provincial government is not conducting any air quality monitoring and does not own any monitoring equipment.

Major industries (13) in the province are carrying out continuous ambient and stack monitoring and results are being received regularly from seven of the industries. Pollutants monitored are mainly SO2, NO2 and Particulates.

The Waterberg District Municipality has initiated an Emission Inventory System Development project. The district has advertised a tender for the project and is due to appoint a service provider.

The Capricorn District Municipality has an emission source inventory available which is updated regularly.

The provincial department has established -

An Emission Source Inventory - a record of all facilities inspected (106), pollutants associated with activities conducted, existing APPA Registration Certificates and non-permitted scheduled processes (or unlicensed Listed Activities).

A Boiler Register which is available and updated continuously and which currently has 41 operations registered.

An electronic emissions database management system - a system used to manage monitoring data from industries.

In terms of air quality management plans and strategies, Limpopo reported that -

The Capricorn District Municipality‟s AQMP was completed in 2006. Amongst the gaps identified within this AQMP is the lack of ambient air quality monitoring and hence the initiation of a passive monitoring project. Currently the district has appointed a service provider to implement the project.

The Greater Sekhukhune District Municipality‟s AQMP was completed in 2009. Amongst the gaps identified within this AQMP is the lack of ambient air quality monitoring and hence the initiation of a


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continuous ambient air monitoring project. The district has recently appointed a service provider to implement the project.

The Waterberg District Municipality‟s AQMP was completed in 2009. The project identified within this AQMP was the lack of air quality management information; hence a project to develop a comprehensive Emission Inventory is initiated. The district has developed the ToR and has just advertised a tender for the appointment of a service provider.

The Vhembe District Municipality plans to develop its AQMP in-house and is currently consulting with the province and the DEA.

The Mopani District Municipality does not have an AQMP.

In terms of the Provincial AQMP, the province has compiled a Source and Pollutants Register as well as a Provincial AQMP Framework.

In terms of air quality by-laws, regulations, norms and standards, Limpopo reported that -

The Sekhukhune District Municipality is finalising its air quality by-laws.

The province has developed a Pesticide Drift Management and Policy Development Framework that evaluates the extent of pesticides usage in the province and its impacts on human health and the environment and explores the feasibility of the development of a policy for regulating pesticides air pollution and drift management.

In terms of public awareness and education, Limpopo reported that -

The Local Environmental Committees/ Forums are initiated to facilitate discussions on air quality and other environmental issues among industries and government (Department of Water Affairs (DWA), Limpopo Department of Economic Development, Environment and Tourism (LEDET), municipalities, agriculture, and the former Department of Minerals and Energy (DME)) and cover all identified air quality hotspots. These include the Capricorn Environmental Committee, the Greater Sekhukhune Environmental Forum, Lephalale Environmental Forum, Phalaborwa Environmental Committee, Thabazimbi Environmental Committee and the Waterberg Environmental Advisory Forum.

In terms of AEL, Limpopo reported that -

Five district municipalities have delegated the provincial department (LEDET) to perform the licensing function, namely Mopani District Municipality, Vhembe District Municipality, Waterberg District Municipality and the Greater Sekhukhune District Municipality.

No AEL applications have been received as yet.

The Capricorn District Municipality is set to implement the licensing system but no applications have been received as yet.

In terms of compliance and enforcement, Limpopo reported that -

The provincial and district municipalities‟ Air Quality Units work in collaboration with the LEDET‟s Environmental Compliance and Enforcement Directorate.

One AQO (province) completed training as an EMI - Designations have been submitted to the MEC.

One AQO (Capricorn District Municipality) is currently undergoing EMI training.

In terms of specific air quality improvement campaigns or projects, Limpopo reported that -

The province has been implementing the aluminium three legged pots manufacturing - emissions and licensing consideration project.

For Mpumalanga, the provincial department, on behalf of the province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities and reported that -


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The Provincial AQOF is functional - quarterly meetings are held.

The department participates in the formulation of the AQMP for the Highveld Priority Area.

Four ambient air quality monitoring stations have been operational since December 2008 -

o The beneficiary municipalities are Dipaliseng, Emalahleni, Lekwa and Steve Tshwete. o The locations are Balfour (IM Manchu School, Middelburg (NG Kerk), Standerton

(Igugulabasha School) and Emalahleni (Greendale High School). The Emalahleni Monitoring Station has been relocated from Z Malaza High School to Greendale High due to power shortages and for security reasons (a number of attempted break-ins and theft of cables have occurred since the station was installed.

o The criteria pollutants monitored are NOx, SO2, CO2, O3, CO, PM10, BTEX, and Hg. o The website is functional at www.mpumalangaair.org.za. o The provincial website is linked to the SAAQIS - www.saaqis.org.za. o Monthly, quarterly and annual ambient air quality monitoring reports compiled since

December 2008.

The province has received three AEL applications to date.

The province and its districts have been participating in the joint compliance and enforcement action with the national department.

Mpumalanga‟s Gert Sibande District Municipality reported that -

Two forums have been established for Authority and Stakeholder on Air Quality Management.

The district AQO has been designated (DN Hlanyane).

The district municipality has been collecting industry based information on the emissions per industry in order to have a comprehensive data.

The district municipality is in the planning stages of piloting dust PM10 monitoring in two of its local municipalities.

The district municipality drafted air quality by-laws which will be tabled to the Council in this 2010-2011 financial year.

Consultation has been initiated with key stakeholders and sector departments. A programme for public consultation will be advertised in November 2010.

The district municipality has embarked on a Clean Fires Awareness Programme at local taxi ranks by distributing pamphlets and talking to people.

Through the development of a small industry inventory the district municipality also provided awareness on AELs and the monitoring of criteria pollutants.

A draft processing plan and timeframe has been adopted to pilot the service delivery mechanism for licensing services.

The district municipality through its own local AQOs have been doing preliminary inspections of facilities that may require AELs in the district.

The district municipality has completed inspections of all government facilities that have boilers and incinerators to assess compliance (hospitals/ schools and clinics).

The district AQOs have done several training courses in air quality including a law enforcement course to prepare for the intensive compliance and enforcement regime in 2011. Three more AQOs will be attending the EMI training during 2011.

Mpumalanga‟s Ehlanzeni District Municipality reported that -

The district AQO has been designated (Mr L Winterbach).

The district municipality officially assumed role of the Licensing Authority on 1 April 2010.

A legal notice has been issued for causing air pollution.

It is continuously reviewing EIAs based on the Listed Activities.

Compliance and enforcement inspections are on-going.

http://www.mpumalangaair.org.za/

http://www.saaqis.org.za/


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Mpumalanga‟s Nkangala District Municipality reported that -

An SLA was concluded with the Department of Economic Development, Environment and Tourism to delegate Licensing Authority, valid from 1 April 2010 until 31 March 2011 (reviewable).

In terms of monitoring and general air quality information management and systems, the Gert Sibande District Municipality reported that -

The district municipality is part of the Highveld Priority Area and monitoring in this area is done by the National and Provincial Department of Environmental Affairs.

The district municipality has been collecting industry based information on emissions per industry in order to have comprehensive data of fuel types, equipment for abatement and equipment to be able to have proper information for effective management systems.

In terms of air quality management plans and strategies, the Gert Sibande District Municipality reported that -

It is participating in the Highveld Priority process to develop AQMPs.

The district municipality‟s process of finalising a comprehensive industry database is on-going and will be completed towards the end of November 2010.

The district municipality is in the planning stages of piloting dust PM10 monitoring in two of its local municipalities.

The district municipality is in the process of drafting and incorporating an Environmental Management Framework Plan, a Spatial Development Plan and an AQMP into its IDP and future AQMP.

In terms of air quality by-laws, regulations, norms and standards, the Gert Sibande District Municipality reported that -

Its draft air quality by-laws will be tabled to the Council in the 2010-2011 financial year.

The district municipality will adopt the draft norms and standards after stakeholder consultations in relation to the provision of air quality management services.

Consultation has been initiated with key stakeholders and sector departments. A programme for public consultation will be advertised in November 2010.

In terms of public awareness and education, the Gert Sibande District Municipality reported that -

The district municipality has embarked on the Clean Fires Awareness Programme at local taxi ranks by distributing pamphlets and talking to people.

The district municipality through the development of a small industry inventory also provided awareness on AELs and the monitoring of criteria pollutants.

The district municipality through its Stakeholders‟ Forum has been building awareness to stakeholders on the draft air quality act, the draft by-laws and licensing requirements.

In terms of AEL, the Gert Sibande District Municipality reported that -

It is in the process of assessing its first application from a mine for AEL.

On-going consultations and pre-discussions are been held with identified as well as those that need to apply for AELs.

A draft processing plan and timeframe has been adopted to pilot the service delivery mechanism for licensing services.

In terms of compliance and enforcement, the Gert Sibande District Municipality reported that -

It has been participating in the joint compliance and enforcement action with the national


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department.

The district municipality through its own local AQOs have been doing preliminary inspections of facilities that may require AELs in the district.

The district municipality has completed inspections of all government facilities that have boilers and incinerators to assess compliance (hospitals/ schools and clinics).

In terms of specific air quality improvement campaigns or projects, the Gert Sibande District Municipality reported that -

The district AQOs have done several training courses in air quality including a law enforcement course to prepare for the intensive compliance and enforcement regime in 2011. Three more AQOs will be attending the EMI training during 2011.

Specific industry process and air quality management induction training has been done with power generation. The Petrochemical training is scheduled for November 2010 to prepare the AQOs for effective service delivery.

A dust monitoring pilot will be undertaken on two sides as most complains are of dust from traffic and mine tail dumps.

For the Northern Cape, the provincial department, on behalf of the province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. In this regard it was noted that the Northern Cape Provincial-municipal AQOF was held during the reporting period which was attended by all five district municipalities and by 10 local authorities. In terms of monitoring and general air quality information management and systems, the Northern Cape reported that -

Currently it has five static dust samplers placed throughout the province.

Additional monitoring information is received from industries and mines on a quarterly basis.

These are currently the two methods used to collect information on the quality of air within the province.

In terms of AQMPs and strategies, the Northern Cape reported that -

Frances Baard District Municipality has completed the development of the district‟s AQMP and is currently in the progress of drafting its by-laws.

Sol Plaatjie Municipality is underway with the appointment of a service provider to develop by-laws.

Capacity building is to be given to all municipalities as requested by the DEA at the end of October 2010.

The Provincial AQMP is currently being development in-house and the draft is scheduled to be completed at the end of November 2010.

In terms of public awareness and education, the Northern Cape reported that -

The provincial department has held five awareness campaigns with local authorities, industries, and communities regarding the implementation of the AQA, who will be the Licensing Authority, the S.21 Notice, and on the AEL process.

In terms of AEL, the Northern Cape reported that -

Afrisam is currently in the process of applying for amendments to the existing permit.

PPC Lime has applied for an AEL.


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In terms of specific air quality improvement campaigns or projects, the Northern Cape reported that -

Idwala Lime Mine has submitted an EIA for approval for the development of a shaft kiln which will reduce emissions considerably.

A project is to take place to monitor the level of asbestos prevalent in the ambient air at the Tswaragang Hospital in Kuruman.

Afrisam has commenced with initial trials on using alternative fuels in its kilns to try and improve the emissions. An ROD was issued for this activity.

For the Western Cape, the provincial department, on behalf of the province, compiled a detailed report on the progress that was made with regard to air quality management in its jurisdiction and by its respective municipalities. In terms of monitoring and general air quality information management and systems, the Western Cape reported that the provincial department -

Has procured one ambient air quality monitoring station to complement the existing three monitoring stations.

Continued operating the ambient air quality monitoring stations in Paarl, Vredenburg and Mossel Bay until they were relocated to George (Eden District Municipality), Malmesbury (West Coast district Municipality) and Worcester (Cape Wine lands District municipality). The fourth station was commissioned in Maitland (City of Cape Town Metropolitan). NOx, SO2, PM10 and O3 monitoring are undertaken, as well as VOC passive sampling.

Expanded the Provincial Emissions Inventory to include GHGs.

Finalised and deployed the Integrated Pollution and Information System (IPWIS) and hosted a workshop on it.

Is currently (2010-2011) procuring two additional ambient air quality monitoring stations.

Is currently (2010-2011) procuring carbon monoxide monitors.

Is planning to have a total of 13 ambient air quality monitoring stations in the province by 2015. In terms of AQMPs and strategies, the Western Cape reported that the provincial department -

Completed a Status-quo Report on Air Quality Management in the Western Cape.

Finalised, approved, published and showcased the Provincial AQMP in March 2010.

Hosted four public participation workshops on the AQMP.

Hosted three sector specific workshops on the AQMP.

Initiated the development of three Working Groups, and held two meetings, towards implementing the AQMP, namely -

o Air Quality Management and Climate Change o Air Quality Management Awareness and Capacity Building o Air Quality Compliance and Enforcement

In terms of air quality by-laws, regulations, norms and standards, the Western Cape reported that the provincial department -

Hosted one workshop to coordinate provincial comments on the National Air Quality By-law. In terms of public awareness and education, the Western Cape reported that the provincial department -

Established the 2Precious2Pollute Programme to create awareness on environmental pollution and to educate citizens on measures that can be implemented to reduce pollution in the province, as part of the National Environmental Management: Air Quality Act (NEM: AQA) Section 31: Recognition Programmes (programme for the public recognition of significant achievements in the area of


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pollution prevention).

Developed and published five brochures on air quality management for public dissemination at the launch of the 2Precious2Pollute Programme held in March 2010 – o Atmospheric Emission Licensing: How does it affect municipalities o Atmospheric Emission Licensing: How does it affect industry o Understanding Air Pollutants o Air Quality Management Planning o Air Quality Monitors in the Western Cape o Understanding the Health Impacts of Air Pollutants

In terms of AEL, the Western Cape reported that the provincial department -

Accepted the delegation of the Overberg District Municipality with regard to the AEL function.

Assisted with the drafting of the Registration Certificates that will be converted into AELs to be administered by the district municipalities.

Received one AEL application from the City of Cape Town. In terms of compliance and enforcement, the Western Cape reported that the provincial department -

Established two Inter-Governmental Task Teams to handle air quality related complaints in the Eden District Municipal area, namely George and Oudtshoorn.

Partnered with the DEA to establish an Inter-Governmental Task Team and conducted a Human Health Risk Assessment Study of Fishmeal Processing in the West Coast District Municipality (St. Helena Bay).

Participated in the quarterly compliance meetings with PetroSA Refinery, ArcelorMittal and Chevron Refinery, in association with the DEA.

In terms of specific air quality improvement campaigns or projects, the Western Cape reported that the provincial department -

Conducted three AQOF meetings to coordinate air quality management activities in the province.

Conducted two special AQOF meetings on the implementation of the AEL function and the relationship between the AEL and the EIA process.

Conducted one capacity building workshop in the Overberg District Municipality with municipal officials on the full implementation of the AQA.

In terms of monitoring and general air quality information management and systems, the City of Cape Town Metropolitan Municipality reported that -

Significant resources have been spent on the maintenance of the City‟s monitoring network, which consists of a reference laboratory (Athlone) and 13 remote continuous ambient air quality monitors.

Additional equipment and technology is in the process of being acquired. The Air Quality Information System is being upgraded.

The accreditation status of the Athlone site was maintained and a project is currently underway to extend the accreditation to the 13 remote monitoring sites.

VOC analysers were commissioned at Khayelitsha and Killarney.

It extended the monitoring project to include landfill gas emissions for all active landfill sites in the City.

Comparative studies on landfill gas emissions were undertaken.

It undertook short-term monitoring projects, e.g. the impact of world cup activities on air quality in the City.

Four quarterly reports on ambient air quality monitoring were submitted to the City‟s political structures.


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In terms of AQMPs and strategies, the City of Cape Town Metropolitan Municipality reported that -

The City of Cape Town continued to make good progress with the implementation of its AQMP which was adopted by the Council in 2005.

Five Workgroups focusing on -

o Monitoring and standards o Health o Khayelitsha Air Pollution Strategy o Education and awareness o Vehicle emissions and transport planning

Some notable achievements include -

o Completion of a baseline VOC Study for the City. o Development of an Education and Awareness Programme and material aimed at preschool

and junior school learners. o Achieved and maintained the accreditation objective of the AQMP for the Athlone reference

laboratory. o Currently in progress of extending the accreditation system to remote sites. o Rolled out the VOC Monitoring Plan, i.e. three continuous VOC monitoring analysers in

Khayelitsha, Killarney and Foreshore based on the Baseline Study findings. o Extended the monitoring network to include Somerset West and Atlantis. o Upgrading the Air Quality Information System as per the objectives of the AQMP. o Fuel efficiency campaign undertaken. o Eco Driving training pilot project undertaken. o Additive pilot projects undertaken. o The City‟s Vehicle Fleet Greening Campaign being undertaken.

In terms of air quality by-laws, regulations, norms and standards, the City of Cape Town Metropolitan Municipality reported that -

It provided comments on the National Air Quality By-laws.

It promulgated the Municipal Air Quality Management By-law, 2010, which has a Chapter dedicated to the AEL process. The City has also appointed its AQO.

In terms of public awareness and education; capacity building and training, the City of Cape Town Metropolitan Municipality reported that -

Development of an Education and Awareness Programme and material aimed at preschool and junior school learners.

On-going liaison with the University of Cape Town (UCT) on the KAPS project.

On-going provision of data to the DEA.

Collaborative project with UCT on nitrogen deposition in the City.

A MoU with the province on AQM issues is in the process of finalisation.

Extended inter-laboratory comparisons with other laboratories.

Officials sent on audit training courses.

Officials underwent training on different types of air quality monitoring equipment such as the handheld VOC analysers, E sampler, etc.

Officials attended numerous in-house and Provincial Air Quality Forum workshops.

Four officials were sent on the Introduction to Air Quality Management, a course at the University of Johannesburg.

One official attended “A practical approach to the NEMA with regards to the Air Quality Act and EIA”,


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one day course at the University of Stellenbosch.

Six officials attended a one day course on Environmental Law and Liabilities, presented by Envolve Environmental Law Specialists.

Three officials were sent on the EMI - Environmental Compliance and Enforcement course. In terms of AEL, the City of Cape Town Metropolitan Municipality reported that -

It continues to strive to implement the NEM: AQA Listed Activity Licensing in the absence of promulgated AEL regulations, templates and the fee calculator.

It promulgated the Air Quality Management By-law, 2010 which has a Chapter dedicated to the AEL process. The City has also appointed its AQO.

An EIA Tracker System is in place to facilitate EIA document distribution and commenting process. A similar system is under development for the AELs.

It received the following applications for AELs which are being processed and nearing completion: Gecko Fuels - Category 2, Sub-category 2.2 and 2.3; Concentra - Category 10, Animal matter processing and Joostenberg Brick - Category 5, Sub-category 5.7 - Ceramic production.

Premises undergoing APPA Review projects: Chevron Refinery - Category 2, Sub-category 2.1, 2.2 et al – awaiting finalisation from the DEA; Oceana Hout Bay - Category 10 Animal matter processing – awaiting finalisation; Brick Industry - Apollo Brick - Category 5, Sub-category 5.2-5.7 (Subject to successful 24G process). This should result in revised AELs being issued once the DEA has given its consent.

Premises currently undergoing EIAs: Medical waste incinerator, Delft - BCL - Category 8 - Disposal of hazardous and general waste.

Preliminary meetings held on the following: Incinerator - Ross Demolition - Category 8 - Disposal of hazardous and general waste; Pyrolysis Plant - Category 3 - Sub-category 3.4, Carbon black process, Category 8, Disposal of hazardous and general waste.

AEL format APPA Registration Certificates - one was issued to the Airports Company of South Africa (ACSA) for the storage and handling of petroleum products and the DEA issued one to the Cape Town Iron and Steel Works - Foundry.

It is actively pursuing the licensing of existing scheduled industry permits upon the promulgation of the AEL regulations, templates and the fee calculator.

In terms of compliance and enforcement, the City of Cape Town Metropolitan Municipality reported that -

It carries out its compliance monitoring and enforcement activities to ensure compliance with the NEM: AQA.

It revised the Municipal Air Pollution Control By-law and promulgated the City of Cape Town Air Quality Management By-law, 2010 on 31July 2010.

A joint inter-governmental department follow-up compliance audit was carried out of Chevron‟s Milnerton Refinery.

Written notices (87) were served for Air Pollution By-law transgressions.

A total of 2034 premises inspections were conducted during the year.

Seven officials have trained as EMIs, but there has been no designation as yet. In terms of specific air quality improvement campaigns or projects, the City of Cape Town Metropolitan Municipality reported that -

The City of Cape Town‟s Environmental Resource Directorate appointed the head of the Climate Change Section to drive the City‟s Climate Change Programme.

The programme received further impetus through the establishment of the City‟s Energy Committee, which is a political structure, chaired by the City‟s Mayoral Committee member for Planning and Environment.

An Energy and Climate Change Committee was established to support and implement the City‟s Energy and Climate Change agenda.


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An Energy and Climate Change Strategy and Action Plan was developed and adopted by the Council. The Action Plan has 11 objectives.

Individual departments have committed themselves to the objectives and contributed resources in order to realise these objectives.

It started developing a Climate Change Resilience Plan. In terms of monitoring and general air quality information management and systems, the West Coast District Municipality reported that -

No monitoring is currently undertaken by West Coast District Municipality.

The Provincial Government‟s ambient air quality monitoring station is located in the Swartland area.

Monitoring is undertaken by industry and reported to the West Coast Air Quality Working Group meeting on a quarterly basis.

In terms of AQMPs and strategies, the West Coast District Municipality reported that a consultant was appointed to draft an AQMP for the West Coast District Municipality, which is planned for completion by June 2011. Once approved by the Municipal Council, further interaction with local municipalities will take place. It is anticipated that, relevant working relationships between the district municipality and the local municipalities will be formalised by means of signed MoUs. In terms of air quality by-laws, regulations, norms and standards, the West Coast District Municipality reported that -

They provided joint inputs with the province on the National Air Quality By-law.

They appointed a consultant to draft an air quality by-law that will assist in regulating minor transgressions that fall outside the scope of compliance and enforcement that will be undertaken by designated EMIs. The by-law will also be used to regulate the AEL function, especially the charging of licence processing fees and possibly an Atmospheric User Charge (AUC).

In terms of public awareness and education and capacity building and training, the West Coast District Municipality reported that -

No formal training has been planned, but capacity building takes place through interaction with other role players and colleagues in the air quality field. The Provincial-municipal AQOF also plays an important role in this regard.

All staff members attended a NEMA S.30 training session presented by the Department of Environmental Affairs and Development and Planning (DEA&DP).

In terms of AEL, the West Coast District Municipality reported that -

Licensing is an uphill battle since legislation with specific reference to licensing regulations and the fee calculator has not been promulgated as yet.

It received one application for amendment to the existing APPA Registration Certificate and awaits comments from the state departments. The DEA needs to finalise this issue since wrong decisions taken by AQOs in this regard can have serious consequences for the authorities.

In terms of compliance and enforcement, the West Coast District Municipality reported that -

The issue regarding the designation of EMIs will have to be finalised as a matter of urgency. Trained staff members cannot do compliance and enforcement until such time as designations have been completed. Three officials were trained in 2008 and are awaiting designation.

Once the AQMP for the district has been finalised the operational structure for air quality management will also be finally put into operation. It is anticipated that the EHPs will assist with compliance and enforcement once the necessary designations have been done.


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The consultant appointed to draft the AQMP for the district has also been instructed to draft an air quality by-law that will assist in addressing minor transgressions falling outside the scope of compliance and enforcement that will be undertaken by the designated EMIs.

It is partnering on the Inter-governmental Task Team and Human Health Risk Assessment Study on Fishmeal Processing in the West Coast District Municipality (St. Helena Bay).

In terms of specific air quality improvement campaigns or projects, the West Coast District Municipality reported that -

A complaints register for air quality is in place.

The West Coast Air Quality Working Group established that it will meet at quarterly intervals. All Listed Activities submit quarterly reports prior to meeting for detailed discussion. The provincial, district and local municipalities attend these quarterly meetings and air quality issues receive attention in a cooperative manner.

In terms of monitoring and general air quality information management and systems, the Cape Winelands District Municipality (CWDM) reported that -

No monitoring is currently undertaken by the CWDM.

The provincial government‟s ambient air quality monitoring station is located in Worcester.

It is in the process of buying PM10 and PM2.5 monitoring equipment.

Five EHPs form the CWDM Air Quality Working Group which meets monthly.

Five EHPs attend the quarterly Provincial AQOF. In terms of AQMPs and strategies, the CWDM reported that -

Its AQMP is approved by the Council and that the Business Plan for the implementation of the AQMP is being written.

It prioritised activities from the AQMP, with linked timeframes to the activities. In terms of air quality by-laws, regulations, norms and standards, the CWDM reported that -

It provided joint inputs with the province on the National Air Quality By-law.

It is in the process of adopting the National Air Quality By-law. In terms of public awareness and education, the CWDM reported that -

Public participating meetings are planned as well as the forming of local air quality working groups in the different local B municipalities.

Capacity building takes place through interaction with other role players and colleagues in the air quality field.

Five EHPs completed a short course on Air Quality Management at the University of Johannesburg and the Cape Peninsula University of Technology.

In terms of AEL, the CWDM reported that a tender is out to provide and facilitate practical training of the EHPs at the premises of Listed Activities within the district municipality and to develop generic operational procedures and protocols. In terms of compliance and enforcement, the CWDM reported that -

Five EHPs have been trained as EMIs, but they are not designated as yet.

It participates in the Provincial Compliance Monitoring and Enforcement Working Group.


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In terms of specific air quality improvement campaigns or projects, the CWDM reported that they are compiling an emissions inventory. In terms of monitoring and general air quality information management and systems, the Eden District Municipality reported that -

Diesel vehicle testing is being undertaken in the Eden region.

Passive air quality sampling is taking place in the major Eden towns (Mossel Bay, Oudtshoorn, Albertinia, Riversdale, Plettenberg Bay and Knysna). This is a project for screening purposes, and samplings for pollutants that are problematic for each region are being undertaken.

It submits monthly reports to the Council regarding the provincial air quality monitoring station. In terms of AQMPs and strategies, the Eden District Municipality reported that -

It adopted the Eden AQMP in 2008.

It incorporated the AQMP in the Eden District Municipality‟s IDP.

The implementation of activities as per the AQMP is at approximately 60%. In terms of air quality by-laws, regulations, norms and standards, the Eden District Municipality reported that it provided joint inputs with the province on the National Air Quality By-law. In terms of public awareness and education, capacity building and training, the Eden District Municipality reported that -

Officials attended various informal training sessions and also one formal air quality monitoring course.

Four officials completed the EMI training during 2008 and 2009. There are no EMI designations as yet.

Air quality website with contact numbers and details.

It developed air quality pamphlets and brochures regarding licensing, monitoring and the AQMP which it distributes at conferences and open days.

A Customer Care Committee handles public awareness issues, etc. In terms of AEL, the Eden District Municipality reported that -

It developed a set of licensing templates and correspondence to industry regarding the licensing process. This was done to streamline the administrative process and to help with uniformity in the region.

It is busy with the licensing process implementation.

It issued its first licence to MTO (George Sawmill).

It sent out various application forms to different industries.

It received one other application from South-Cape Poles. In terms of compliance and enforcement, the Eden District Municipality reported that -

The district municipality is engaging with the industry in the area through the Eden Air Quality Working Group Forum that was established in May 2009. Industry reports back on its activities in a formal manner at this Forum. The Forum is also a vehicle for dialogue between industry and government.

The district municipality liaises with the DEA&DP Compliance and Enforcement Section on a regular basis to enforce non-compliance and illegal activities. Partnering on the Inter-governmental Task Teams to handle air quality related complaints in the Eden District Municipal area (George and Oudtshoorn)

Four officials undertook EMI training during 2008 and 2009. There are no designations as yet.


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In terms of specific air quality improvement campaigns or projects, the Eden District Municipality reported that they hosted a Climate Change Summit during 2009. In terms of monitoring and general air quality information management and systems, the Central Karoo District Municipality reported that no monitoring is undertaken currently. In terms of air quality by-laws, regulations, norms and standards, the Central Karoo District Municipality reported that they provided joint inputs with the province on the National Air Quality By-law. In terms of AEL, the Central Karoo District Municipality reported that -

No AEL applications were received to date.

Licensing of the businesses in the Central Karoo will be challenging since it mostly comprises of small brickworks that may not be able to cover the costs associated with licensing.

In terms of compliance and enforcement, the Central Karoo District Municipality reported that one official is attending the EMI training course scheduled for 11-30 October 2010. In terms of monitoring and general air quality information management and systems, the Overberg District Municipality reported that no monitoring is undertaken currently. In terms of air quality by-laws, regulations, norms and standards, the Overberg District Municipality reported that they provided joint inputs with the province on the National Air Quality By-law. In terms of AEL, the Overberg District Municipality reported that -

No AEL applications were received to date.

The AEL function is delegated to the province. In terms of compliance and enforcement, the Overberg District Municipality reported that they respond to air quality complaints in the region.

2.2 CHALLENGES Many AQOs highlighted the following as challenges in 2010 -

Capacity - As in previous years, the following elements of organisational capacity were highlighted as challenges -

o Money/ funding/ budget, for example air quality monitoring equipment is expensive and

requires some capital investment and the operational budget is not always available for maintenance.

o People/ skills, for example there is a lack of training opportunities specifically designed around air quality monitoring and modelling for air quality officials at tertiary institutions, there is a lack of funding for training and there is limited technical capacity to interpret emissions testing results.

o Structure/ systems, for example processing AELs in the absence of AEL regulations and the fee calculator are a challenge.

Licensing fees - Many AQOs noted that the lack of national regulations in respect of AEL in general and the charging of licence process fees in particular was a challenge.

AEL application formats - Some AQOs believed that the publication of a final AEL application form template presented them with a challenge.


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APPA-AQA licensing transition - Some AQOs noted poor or limited communication between the DEA and the new Licensing Authorities as a challenge in dealing with the licensing backlog.

Dealing with illegal Listed Activities - Some AQOs noted concerns around dealing with Listed Activities that were operating without valid AELs, e.g. in the NEMA S.24G process, who deals with the EIA.

EMIs - There is a general concern around compliance and enforcement effectiveness when EMIs are not being designated or when not enough officials are being trained as EMIs.

SANAS accreditation - The City of Cape Town Metropolitan Municipality noted that, although SANAS accreditation for its monitoring stations is beneficial, it requires funding to implement and maintain, particularly the annual fees to SANAS and the maintenance and calibration of the equipment.

All of these challenges, and others, were discussed during the 2010 Annual Air Quality Governance Lekgotla where the meeting broke up into the following working groups to deal with what is largely regarded as the APPA-AQA transition “teething problems” -

Breakaway Group 1: AQA S.21 Notice - this working group of national, provincial and municipal AQOs and air quality management officials addressed the following issues relating to the the national “List of Activities” and its associated minimum emission standards published in terms of S.21 of the AQA (Government Gazette No. 33064, Notice No. 248 of 31 March 2010) -

o Category descriptions and interpretation o Category definitions/ application, especially the need, or otherwise, for regulatory capture o Gaps and additions o Errors o Compliance monitoring and reporting o Monitoring requirements and methods o Minimum standards versus licence limits o Upset conditions o Fugitive emission monitoring and reporting

Breakaway Group 2: Licensing procedures and systems - this working group of national, provincial and municipal AQOs and air quality management officials addressed the following issues relating to AQA‟s AEL Regime, the national “List of Activities” and its associated minimum emission standards published in terms of S.21 of the AQA (Government Gazette No. 33064, Notice No. 248 of 31 March 2010)

o Fees/ cost recovery, including processing fees, atmospheric user charge, the fee calculator,

protocol and regulations, Municipal Finance Management Act (MFMA), interest, charging for variation, etc

o AEL formats - application and licence o APPA review backlog o Need for consistency/ alignment with other permits o Emissions inventories o Appeals

Breakaway Group 3: Human resource development and outreach - this working group of national, provincial and municipal AQOs and air quality management officials addressed the following issues relating to the development of South Africa‟s air quality management human resource base and general awareness around air quality and air quality management -

o Inter- and intra-departmental outreach, e.g. air quality and town planning o Air quality training, including general AQM, licensing, sector management, and specialist

(modelling, monitoring, etc.)


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o EMI training and designation o AQO and AQO designation o Qualifications

2.3 RESOLUTIONS OF THE 2010 5TH ANNUAL AIR QUALITY GOVERNANCE LEKGOTLA

Based on the discussions described above, in order to address the various challenges raised in the provincial and municipal progress reports and during the Lekgotla, the 2010 5th Annual Air Quality Governance Lekgotla made the following resolutions. Table 2 : Resolutions of the 2010 5th Annual Air Quality Governance Lekgotla

Ref.

2010 Lekgotla Resolution

Deliverable

Responsibility

Delivery date

1.

With a view to fast-tracking compliance with National Ambient Air Quality Standards for the problem pollutants of SO2 and PM, government must investigate the potential positive air quality impacts of using AQA S.29 - Priority Pollutants and Associated Pollution Reduction Plans.

Presentation of investigation findings at the 2011 Lekgotla.

National Air Quality Office-Department of Environmental Affairs (NAQO-DEA)

October 2011

2.

With a view to the efficient and effective implementation of the emission monitoring requirements directed or implied by the AQA S.21 Notice (Gazette No. 33064, Notice No.248 of 31 March 2010), the process of establishing the accreditation requirements for stack emission monitoring, sampling and testing must be fast-tracked.

Laboratories that comply with the S.21 Notice S.7(2)(d) SANAS accreditation requirements are listed on the SAAQIS.

NAQO-DEA

December 2010

Draft accreditation requirements for stack emission monitoring and sampling developed and presented to the 2011 Lekgotla.

NAQO-DEA together with SANAS

October 2011

3.

With a view to ensuring the efficacy of the AEL system in regulating the emissions from significant industrial sources by, among others, ensuring that such sources are clearly and unambiguously identified, the AQA S.21 (Gazette No. 33064, Notice No.248 of 31 March 2010) categories, category definitions/ descriptions and application must be reviewed and revised where necessary based on inputs provided by the Licensing Authorities.

Proposed amendments submitted to the NAQO-DEA.

Interested or affected Atmospheric Emission Licensing Authorities

November 2010

Draft AQA S.21 Correction Notice

NAQO-DEA

March 2011

Initiation of SABS AQA S.21 amendment process.

NAQO-DEA and interested Atmospheric Emission Licensing Authorities

January 2011


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Ref.


Deliverable

Responsibility

Delivery date

4.

With a view to the efficient and effective regulation of emissions, especially odour, from plants such as rendering and fishmeal, guidelines on the best available techniques and minimum requirements must be developed and distributed.

Draft guidelines presented to the 2011 Lekgotla.

NAQO-DEA

October 2011

5.

With a view to ensuring the efficient and effective implementation of the S.2(3) provision of the AQA S.21 Notice (Gazette No. 33064, Notice No.248 of 31 March 2010), the relationship between NEMA S.30 and the AQA S.21 provisions on how incidents should be managed and reported must be reviewed to ensure AEL Authorities as recipients of the incident reports.

National Air Quality Officer (NAQO) Communiqué with legal opinion circulated.

NAQO-DEA

February 2011

6.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the provision of a nationally-consistent high quality licensing service by all Licensing Authorities, an AQA S.21 (Gazette No. 33064, Notice No.248 of 31 March 2010) “companion document” providing guidance on implementation, interpretation, tips and suggestions must be developed and circulated to Licensing Authorities.

AQA S.21 Companion Document circulated to all Licensing Authorities.

NAQO-DEA

July 2011

AQA S.21 Companion Document presented at available opportunities (e.g. Provincial - municipal AQOF).

NAQO-DEA

July 2011 onwards

7.

With a view to ensuring the efficacy of the implementation of the AEL system and specifically its alignment with government‟s incineration policy and particularly the use of alternative fuel resources (AFRs), guidance on the implementation of AQA S.21 (Gazette No. 33064, Notice No.248 of 31 March 2010) in this regard must be provided.

NAQO Communiqué on AQA S.21 and AFRs compiled and circulated to all Licensing Authorities.

NAQO-DEA

February 2011

8.

With a view to ensuring direct access to the National Air Quality Office‟s specialist staff, the NAQO-DEA will compile a contact database of its AQM staff under www.saaqis.org.za.

NAQO-DEA staff contact database published on www.saaqis.org.za

NAQO-DEA

December 2010




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Ref.


Deliverable

Responsibility

Delivery date

9.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the provision of a nationally-consistent high quality licensing service by all Licensing Authorities, the NAQO-DEA will provide opinion and advice in respect of complex and/ or controversial AELs at the request of the affected Licensing Authority.

NAQO-DEA opinion and advice in respect of complex and/ or controversial AELs.

NAQO-DEA

Immediate and on-going

10.

With a view to the efficient and effective implementation of the emission monitoring requirements directed or implied by the AQA S.21 Notice (Gazette No. 33064, Notice No.248 of 31 March 2010), the addition of oxygen referencing for all relevant categories of the S.21 Notice must be investigated and included in a future amendment.

See 0

See 0

See 0

11.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the implementation of a nationally-consistent cost recovery system, guidelines must: (i) explicitly differentiate between the atmospheric user charge and the application processing fee; and (ii) provide for a range of application fees based on the complexity and resources required for certain types of processes.

The draft guidelines pertaining to the administration of the implementation of a nationally-consistent cost recovery system for licensing must: (i) explicitly differentiate between the atmospheric user charge and the application processing fee; and (ii) provide for a range of application fees based on the complexity and resources required for certain types of processes.

NAQO-DEA

January 2011

12.

With a view to effective cost recovery, provision for cost recovery in respect of requests for AEL variations from the AEL holder must be explored.

The provision for cost recovery in respect of requests for AEL variations from the AEL holder to be addressed in an amendment to the AQA.

NAQO-DEA

September 2012

13.

With a view to efficient and effective local air quality governance, provincial and municipal AQMPs must provide guidance on how air quality management considerations will be incorporated into other governance processes, e.g. waste permits, spatial/ land-use/ town planning, engineering, transport planning, mining, etc.

Guidance on how air quality management considerations will be incorporated into other governance processes, e.g. waste permits, town planning, transport planning, mining, etc. included in provincial and municipal AQMPs.

All provinces and Table 24 municipalities

September 2012


37

Ref.


Deliverable

Responsibility

Delivery date

14.

With a view to the efficient and effective management of appeals against decisions of Licensing Authority, an opinion on this subject and, among others, the alignment with provisions of MSA, will be compiled and circulated.

NAQO Communiqué with legal opinion circulated.

NAQO-DEA

February 2011

15.

With a view improving the utility and efficacy of the Atmospheric Impact Report, the draft report template must be reviewed and revised by a specialist work group.

Specialist work group established.

NAQO-DEA

February 2011

Revised Atmospheric Impact Report format circulated to AQOs for comment.

Specialist work group

June 2011

Revised Atmospheric Impact Report format published for public comment.

NAQO-DEA

August 2011

16.

With a view to improving dispersion modelling for regulatory purposes, a national emissions inventory must be compiled and maintained.

A National Atmospheric Emissions Inventory in place.

NAQO-DEA and SAWS

March 2013

17.

With a view to ensuring regulatory continuity and maintaining regulatory memory, all regulated industry files must be transferred from the DEA to the new Licensing Authorities.

The DEA to provide CDs containing electronic copies of all scanned files to provinces for circulation to Licensing Authorities.

NAQO-DEA

January 2011

DEA to delivery hard-copy archives to new the Licensing Authorities when visiting new Licensing Authorities.

NAQO-DEA

On-going to March 2012

The DEA to delivery hard-copy archives to new Licensing Authorities in accordance with a practical delivery programme.

NAQO-DEA

All archives delivered by March 2012

Licensing Authorities to pick up hard-copy archives when visiting the DEA.

Licensing Authorities

On-going to March 2012


38

Ref.


Deliverable

Responsibility

Delivery date

18.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the implementation of a centralised application portal, a system must be developed that allows for a centralised pre-application process to be initiated through the SAAQIS based on a simplified generic application template and Licensing Authority referral system.

Pilot centralised application portal demonstrated at the 2011 Lekgotla.

NAQO-DEA

October 2011

19.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the provision of a nationally-consistent high quality licensing service by all Licensing Authorities, a generic AEL application form and AEL format should be provided.

Example AEL application form and AEL formats submitted to the DEA.

Licensing Authorities

March 2011

Generic AEL application form and AEL format circulated for comments.

NAQO-DEA

June 2011

Generic AEL application form and AEL format published on the SAAQIS.

NAQO-DEA

September 2011

20.

With a view to creating awareness around air quality management and its importance, the National Air Quality Officer will, where practically possible and on formal written request from AQOs, visit and address councillors and municipal officials.

National Air Quality Officer presentations to councillors and municipal officials.

All AQOs and the NAQO-DEA

On-going

21.

With a view to the provision of a nationally-consistent high quality licensing service, provinces and municipalities that have not appointed AQOs in terms of the AQA will be brought to the attention of the Minister.

List of provinces and municipalities that have not appointed AQOs in terms of the AQA submitted to the Minister.

NAQO-DEA

March 2011

22.

With a view to ensuring the efficacy of the implementation of the AEL system through, among others, the provision of a nationally-consistent high quality licensing service by all Licensing Authorities, every effort will be made to ensure the alignment and integration of the EIA and AEL processes.

EIA and AEL alignment and integration plans or protocols developed and agreed by all Provincial-municipal AQOF.

Provincial departments

June 2011


39

Ref.


Deliverable

Responsibility

Delivery date

23.

With a view to ensuring that the implementation of Lekgotla resolutions is properly monitored and reported, a progress report must be provided at the following Lekgotla.

Lekgotla resolution progress report presented at the 2011 Lekgotla.

NAQO-DEA

October 2011

24.

With a view to the continued improvement in air quality governance, the professionalisation of air quality management will be explored including, among others: (i) the establishment of a professional body for air quality managers; (ii) CBD points to facilitate AQO training; (iii) the introduction of the Occupational Specific Dispensation for air quality managers; (iv) the provision of bursaries or other training incentives; (v) the review of curricula to ensure alignment with government expertise requirements; (vi) job descriptions, qualification and experience profiling etc.

Workshop held with tertiary institutions and other relevant bodies and the outcome reported to the 2011 Lekgotla.

NAQO-DEA

October 2011

25.

With a view to ensuring a common understanding of the role and function of AQOs as well as the need for unique organisational development initiatives relating to air quality management, the NAQO Communiqués in this regard must be re-circulated.

NAQO Communiqué number 1 entitled “Discussion Document: Air Quality Officers as contemplated in Section 14 of the National Environmental Management: Air Quality Act (Act No. 39 of 2004), Revision 0.0 of 22/12/2005” (File Name: “2005-12-22 NAQOC 1 - AQOs.doc”) and NAQO Communiqué number 5 entitled “Discussion Document: AQA implementation - governance roles and functions: air quality governance roles and functions for the national department, provincial environmental departments and municipalities as contemplated in the National Environmental Management: Air Quality Act (Act No. 39 of 2004), Revision 0.0 of 12/07/2006” (File Name: “2006-07-11 NAQOC 5 - Roles and responsibilities.doc”) circulated to all AQOs.

NAQO-DEA

December 2010


40

Ref.


Deliverable

Responsibility

Delivery date

26.

With a view to ensuring that expert air quality managers are retained within government, every municipality should adopt a skills retention strategy.

Air Quality managers specifically dealt with in municipal skills retention strategies and plans.

Municipalities, especially Table 24 municipalities

On-going

27.

With a view to ensuring continued air quality improvements, all officials that work with environmental management and environmental health should be encouraged to undergo specialist training in air quality.

All officials that work with environmental management and environmental health are encouraged to undergo specialist training in air quality.

Municipalities, especially Table 24 municipalities

On-going

28.

With a view to ensuring continued air quality improvements, opportunities for sharing information, skills and expertise amongst air quality managers should be exploited.

Opportunities for sharing information, skills and expertise amongst air quality managers should be provided, at least, at the Annual Air Quality Governance Lekgotla and all Provincial-municipal AQOF meetings.

All

On-going

2.4 REGULATED SECTOR EXPECTATIONS One of the stakeholder workshops held during the 2010 Annual Air Quality Week was dealing with what the “Listed Activity” owners and operators expected from the new Atmospheric Emission Licensing Authorities. The following provides a summary of the Business Unity South Africa (BUSA) presentation in this regard entitled “Industrial expectations and challenges with regard to the AEL implementation”. BUSA noted that in addressing this issue, they had considered -

Operational challenges flowing from the implementation of the AEL process.

Regulative aspects related to the AQA.

The National Framework with specific reference to minimum emission standards and the AEL application process.

In this regard, BUSA specifically noted things about the AEL regime and the AEL implementation process that it supported, including -

The consultative nature of the process.

The establishment of a framework aimed at informing standards setting and licensing procedures.

An approach aimed at establishing economically justifiable minimum emissions standards.

The introduction of practically and economically implementable air quality management structures including AELs.

The alignment between common but differentiated national objectives, i.e. GHG reduction initiatives versus national ambient air quality objectives.

Realistic timeframes aimed at realising national air quality objectives.

Alignment through integration between licences, municipal by-laws and priority area improvement plans.


41

However, BUSA also noted the following concerns -

Definitions

Compliance timeframes and the postponement clause.

Compliance Monitoring

Integration between licences, municipal by-laws and Priority Area improvement plans.

Lack of guidelines.

Revision of the National Framework including the publication of revised point-source emission standards.

Information management and access. BUSA then detailed these concerns as follows -

In respect of definitions -

o All-encompassing nature of definitions leads to confusion, e.g. VOCs, Petrochemicals, etc. o Definitions open to interpretation. o Definitions not exhaustive leading to uncertainty, e.g. definition of liquid fuels not included.

In respect of compliance timeframes and the postponement clause - o Lack of utilisation of cost-benefit analysis in determining timeframes. (Standards setting

process was informed by international practices. Implication for developing countries not adequately considered.)

o Engineering resource constraints not considered. o Current project execution timeframes not in line with proposed compliance timeframes

(large scale projects necessitates extended implementation timeframes >10 years). o Challenges faced by older facilities (ability to implement modern abatement technologies). o Need for clear guidelines/ criteria to support favourable postponement application, e.g.

postponement within priority areas seemingly impossible given the current postponement clause.

In respect of compliance monitoring - o Lack of accredited laboratories. o Lack of service providers/ qualified technicians to conduct compliance monitoring according

to the requirements. o Absence of accreditation criteria for point-source monitoring facilities.

In respect of integration between licences, municipal by-laws and priority area improvement plans - o Indications are that strict municipal by-laws are being developed in isolation of other

applicable regulative interventions, e.g. priority area improvement plans and AELs. o Lack of guidelines under which local Licensing Authorities can implement stricter point

source emission standards.

In respect of the revision of the National Framework including publication of the revised point-source emission standards - o The current National Framework is out-dated and needs revisions in light of the

development of ambient and emissions standards. o The publication of the revised List of Activities and minimum point-source emission

standards as discussed on 5 July 2010 has not taken place yet, nor has the action required


42

been executed. This is delaying the development of critical improvement plans aimed at meeting compliance timeframes.

In respect of information management and access - o Information required as part of the AEL application in many instances may infringe on

Intellectual Property rights (IP) and may subsequently impact on business competitive advantage.

o Raw material use and specification. o Access to information may have consequences as far as compliance to Competition Law is

concerned. o Access to production volumes, e.g. market share, etc.

With this background, BUSA then shared its expectations with its new Licensing Authorities by identifying a number of issues to “…be developed or agreed in consultation with Business” as follows -

Clearly defined process descriptions for Listed Activities.

Renewed acceptance of the need to conduct a cost-benefit analysis.

Guidelines, including detailed criteria for obtaining the postponement.

Sufficient compliance monitoring facilities to be established to meet the requirements outlined in the National Framework (minimum emission standards).

AEL application process should be revisited with concerns from industry duly considered, e.g. IP rights, Competition Law, confidentiality of information, etc.

SANAS to develop accreditation system for point-source monitoring facilities.

Costing framework for AELs in support of the current unofficial proposed AEL processing fee calculator.

The National Framework to include a process for ensuring the alignment between local by-laws, AELs and other applicable regulative interventions or national targets, i.e. priority area improvement plans, EIAs, etc.

Publication of the revised National Framework, including revisions of the “List of Activities” and minimum emission standards agreed on during a workshop held on 5 July 2010 with the DEA.

2.5 THE 2010 SUMMARY NATIONAL STATE OF THE AIR REPORT

Another stakeholder workshop held during the 2010 Annual Air Quality Week dealt with the development and use of a National Air Quality Indicator. Although this concept was very well received and will be developed over the next few years, the following provides a summary of the information presented in the workshop entitled “Proposed method for measuring and reporting air pollution trends in South Africa - National Indicator” which serves as the 2010 Summary National State of the Air Report.


43

Figure 4: A comparison of the average of annual PM10 averages measured at up to 41 air quality monitoring stations around South Africa versus the National Ambient Air Quality Standard for annual PM10 concentrations Firstly, given that particulate matter (measured as PM10) and sulphur dioxide (SO2) are the most prevalent pollutants associated with bad air quality in South Africa, this report looks specifically at national PM10 and SO2 trends. Secondly, available annual averages of PM10 and SO2 from all monitoring stations are used and the national annual averages of all stations are used as a proxy measurement known as the National Air Quality Indicator (NAQI). Thirdly, equal weightings for PM10 and SO2 that are linked to the national ambient air quality standards are used to derive the NAQI. Finally, the following is based on data from 41 air quality monitoring stations around the country as follows -

Data dating back to 2000 from seven stations owned by the City of Cape Town.

Data dating back to 2005 from five stations owned by the City of Johannesburg.

Data dating back to 2009 from four stations owned by the City of Tshwane.

Data dating back to 2004 from four stations owned by the City of eThekwini.

New data from a station owned by the Nelson Mandela Bay Metropolitan Municipality.

Data dating back to 2007 from six stations within the Vaal Triangle Airshed Priority Area owned by the DEA.

Data dating back to 2008 from five stations within the Highveld Priority Area owned by the DEA.

Data dating back to 2000 from six stations owned by Eskom.

Data dating back to 2003 from five stations owned by Sasol. Turning our attention firstly to particulate matter (PM) - PM is a broad term used to describe the fine particles found in the atmosphere, including soil dust, dirt, soot, smoke, pollen, ash, aerosols and liquid droplets. The most distinguishing characteristic of PM is the particle size and the chemical composition. Particle size has the greatest influence on the behaviour of PM in the atmosphere with smaller particles tending to have longer residence times than larger ones. PM is categorised, according to particle size, into total suspended particulates (TSP), PM10 and PM2.5.


44

From Figure 4 the following should be noted -

Although it appears that the slight air quality improvement trend from 2000 to 2002 is reversed by a relatively rapid air quality deterioration trend from 2003 to 2008, this is largely (but not entirely) due to the fact that data from new stations in identified pollution “hotspots” were added over this latter period, e.g. four (9.7% of total) data sources including the nationally recognised South Durban Basin pollution hotspot were added from 2004; five (12% of total) data sources from the densely populated City of Johannesburg were added from 2005; six stations from the highly polluted Vaal Triangle Airshed Priority Area were added in 2007; and five stations from the highly polluted Highveld Priority Area were added in 2008.

Although it appears that air quality was consistently within ambient air quality standards prior to 2004, this is largely due to the fact that the data sources up to around 2003 were not necessarily placed in pollution hotspots, i.e. some of the air quality monitoring stations were in areas of relatively good air quality.

Based on this and the information made available to the NAQO, the NAQO has concluded the following -

Particulate matter is probably the greatest national cause for concern in terms of air quality.

The fact that a national average of annual averages is in the vicinity of the National Ambient Air Quality Standard, let alone above the standard, is a real cause for concern.

It is clear that continued and increased national provincial and local action is required in order to bring particulate concentrations down to acceptable levels.

It is clear that many South Africans may not be breathing air that is not harmful to their health and wellbeing, i.e. it is clear that not all South Africans enjoy their Constitutional right to sweet, clean and healthy air.

Moving on to sulphur dioxide (SO2) - SO2 is a colourless gas that is moderately soluble in water. It has a pungent odour, similar to that of a burning match. Dominant sources of SO2 include fossil fuel combustion from industries and power plants. SO2 is emitted when coal (especially lower grade) is burnt for energy. The combustion of oil also results in high SO2 emissions. Domestic coal/ kerosene burning can thus also result in the release of SO2. Motor vehicles tend to emit SO2 to a lesser extent, though diesel engines more so than petrol engines. Mining processes that require smelting of mineral ores can also result in the production of SO2 as the desired metals are usually found as sulphides within the ore. Natural heating of minerals that are rich in sulphur will also lead to release of SO2. Such is the case with any volcanic activity. If the surrounding rock contains sulphides, high temperatures will aid in the production and release of SO2. Volcanic eruptions often result in massive release of SO2 over a very short period of time. This can even affect global SO2 concentrations within a few weeks. The oxidation of biologically produced dimethylsulphide in oceans and soils and hydrogen sulphide (H2S) may also lead to emissions of SO2. SO2 reacts with cell moisture in the respiratory system to form sulphuric acid. This can lead to impaired cell function and effects such as coughing, broncho-constriction, exacerbation of asthma and reduced lung function. SO2 has the potential to form sulphurous acid or slowly form sulphuric acid in the atmosphere via oxidation by the hydroxyl radical. The sulphuric acid may then dissolve in water droplets and fall as precipitation, so-called acid rain. This may decrease the pH of rain water, altering any balance within ecosystems and can be damaging to man-made structures.


45

Figure 5: A comparison of the average of annual SO2 averages measured at up to 41 air quality monitoring stations around South Africa versus the National Ambient Air Quality Standard for annual SO2 concentrations From Figure 5 it should be noted that, although it appears that the relatively significant air quality improvement trend from 2000 to 2002 is reversed by a relatively rapid air quality deterioration trend from 2003 to 2005, this is largely (but not entirely) due to the fact that data from new stations in identified pollution “hotspots” were added over this latter period, e.g. four (9.7% of total) data sources including the nationally recognised South Durban Basin pollution hotspot were added from 2004; five (12% of total) data sources from the densely populated City of Johannesburg were added from 2005; six stations from the highly polluted Vaal Triangle Airshed Priority Area were added in 2007; and five stations from the highly polluted Highveld Priority Area were added in 2008. Based on the information made available to the NAQO, the NAQO has concluded the following -

The battle against SO2 pollution appears to slowly being won.

The recent apparent rise in SO2 concentrations, although not yet a cause for alarm, is a cause for concern.

It is clear that continued and increased national, provincial and local action is bearing fruit and, in this, the eThekwini Metropolitan Municipality and the North West Provincial Department should be congratulated on its specific efforts and achievements in this regard.

Moving on to the initial NAQI itself - with reference to Figure 6, the following should be noted -

Although it appears that there has been a continuous air quality deterioration trend since 2000, this is largely (but not entirely) due to the fact that data from the new stations in the identified pollution “hotspots” were added over this latter period (see Figure 6).

It is clear that the index is currently in the unacceptable red zone and probably has been for many years.

Despite the rapid apparent deterioration since 2002, it is possible that the index may now be reaching some form of plateau over the last four years.

Based on this and the information made available to the NAQO, the NAQO has concluded the following -

Air Quality, especially in dense urban-industrial areas, remains a national cause for concern.


46

The fact that the NAQI is in the vicinity of the minimum quality level, let alone above this level, i.e. in the red zone, is a real cause for concern.

It is clear that continued and increased national provincial and local action is required in order to meet the Presidential Outcome 10 target of full air quality compliance by 2020, i.e. the index target trajectory reflected as the green “peak, plateau and decline” line in Figure 6.

It is clear that many South Africans may not be breathing air that is not harmful to their health and wellbeing, i.e. it is clear that not all South Africans enjoy their Constitutional right to sweet, clean and healthy air.

There may be some light at the end of the tunnel as witnessed by the impressive improvements in respect of SO2 pollution.

Notwithstanding the above, the index is not yet reflecting recent “background” monitoring data that appears to indicate a disturbing overall reduction in air quality since 2008 (see Figure 7).

Figure 6: The initial National Air Quality Indicator superimposed on Figure 5 of the 2007 National Framework for Air Quality Management, i.e. the figure entitled “Framework for the use and application of the standards or objective-based approach to air quality management”


47

2.6 AIR QUALITY AND THE PRESIDENTIAL OUTCOMES Cabinet has approved 12 outcomes as the key focus of work between now and 2014. Each outcome has a limited number of measurable outputs with targets. Each output is linked to a set of activities that will help achieve the targets and contribute to the outcome. Each of the 12 outcomes is associated with a delivery agreement which, in most cases, involves all spheres of government and a range of partners outside government. Combined, these agreements reflect government‟s delivery and implementation plans for its foremost priorities. The delivery agreements are negotiated charters which reflect the commitment of the key partners involved in the direct delivery process to working together to undertake activities effectively and on time to produce the mutually agreed-upon outputs which in turn will contribute to achieving the outcome. The delivery agreements provide detail to the outputs, targets, indicators and key activities to achieve the outcome, identify required inputs and clarify the roles and responsibilities of the various delivery partners. It spells out who will do what, by when and with what resources. The outcomes apply to the whole of government and are long-term. While the delivery agreement may contain longer term outputs and targets, it also includes outputs and associated targets that are realisable in the next four years. It also considers other critical factors impacting on the achievement of the outcome, such as the legislative and regulatory regime, the institutional environment and decision-making processes and rights, the resources needed and reallocation of resources where appropriate. Delivery agreements will be reviewed annually in the light of learning by doing monitoring and evaluation findings. Accordingly they will be refined over time and become more inclusive of the relevant delivery partners. The President‟s Outcome 10 is of specific relevance to the air quality management fraternity. The President‟s Outcome 10 is phrased as “Protected and enhanced environmental assets and natural resources”. Output 2 of Outcome 10 is phrased as “Reduced greenhouse gas emissions, Climate Change and improved air/ atmospheric quality”. The second Sub-output of Output 2 (Sub-output 2.2) is framed as “Atmospheric pollutants reduced”. One of the indicators for the second Sub-output of Output 2 is “Ambient SO2 and particulate (PM10) concentrations” (Indicator 2.2.1) where “Non-compliance with national ambient SO2 and PM10 standards in various air pollution hotspots (refer to the list of specific municipalities)” is taken as the current situation (the „baseline‟ for the indicator) and “100% national compliance with National Ambient Air Quality Standards by 2020” is taken as the target. Monitoring mechanisms (Means of verification, sources of information) for indicator 2.2.1 is “Country-wide compliance with National Ambient Air Quality Standards is monitored by over 90 air quality monitoring stations and data is reported to-, and accessible through-, the South African Air Quality Information System (SAAQIS - www.saaqis.org.za). The "National Air Quality Indicator" is also under development for rollout in 2011. This indicator will provide an annual measure of overall air quality management progress towards the stated target (see 2.5). The assumptions/ risks associated with achieving the target for indicator 2.2.1 states - “The most significant assumption is that air pollution caused by poverty, namely the use of dirty fuels by poor people who have no fuel choices, can be resolved through, for example, electrification programmes, free basic electricity supply and other poverty alleviation interventions. As residential dirty fuel burning is one of the most significant contributors to air quality non-compliance, but its resolution is not through air quality interventions per se, this is a relatively high risk assumption.”


48

The key responsibility for achieving the 2.2.1 target lies with the “DEA, provinces and, most importantly, municipalities („Air Pollution‟ is a municipal function in terms of the Constitution).” The key activities to be implemented in order to generate Sub-output 2.2 and achieve the 2.2.1 target, include -

2.2.1.1 The efficient and effective identification, development and implementation of AQMPs for National Priority Areas, i.e. the Vaal Triangle Airshed, Highveld and Waterberg.

2.2.1.2 The development and rollout of a strategy to address air pollution in dense, low-income communities, including air pollution from the burning of dirty fuels, e.g. coal, paraffin and wood.

2.2.1.3 The review, revision and implementation of the National Vehicle Emission Control Strategy.

2.2.1.4 The efficient and effective implementation of the new AEL system by the new Licensing Authorities, i.e. the provinces; metropolitans and district municipalities.

2.2.1.5 Growing and developing the NAAQMN and the SAAQIS.

2.2.1.6 The development and rollout of strategies and action plans to address air pollution from non-industrial and/ or non- point-sources, e.g. veld fires, construction activities, un-surfaced haul roads, etc.

2.7 CONCLUSION From an analysis of the above, the National Air Quality Officer has concluded that -

There is a remarkable similarity between what business expects from the AEL regime and the services the new Licensing Authorities wish to provide.

There is a continued need to encourage, facilitate and maintain partnerships around the many excellent cases of good practice.

There remains a need to reinforce the concept, “an investment in air quality management is an investment in public health” to build a business case for increased AQM budgets.

Apart from some teething problems, all spheres of government appear ready, willing and able to implement the AEL regime.

The 2010 Lekgotla Resolutions must to be implemented efficiently and effectively.

Continued and increased air quality interventions will be required to meet the Presidential target of full ambient air quality compliance by 2020.


49

Figure 7: Eskom‟s increasing emissions from power stations forced to operate at all costs as a result of the „electricity supply crises‟ may be a significant contributor to the alleged disturbing air quality deterioration trends since 2008

3. PROGRESS IN RESPECT OF THE 2007 NATIONAL FRAMEWORK INDICATORS Table 3: Summary rating in respect of progress against the 2007 National Framework indicator targets

SUMMARY OF PROGRESS IN RESPECT OF THE 2007 NATIONAL FRAMEWORK INDICATORS

Progress rating key

Complete/ target exceeded/ target met

On track to meet target

Target not met, but good progress

Little, if any, progress

No information available at

time of writing

No.

Indicator

Baseline, July 2007

Target Date

Progress rating for 2010

1.1

Number of pollutants with associated ambient air quality standards

7

8

2007/8

1.2

Initial set of Listed Activities identified with associated minimum emission standards

0

2008/9

1.3

Number of National Priority Areas

1

2

2007/8


50


Progress rating key






time of writing

No.

Indicator

Baseline, July 2007

Target Date


declared

1.4

Number of provincial air quality areas declared

0

2

2008/9

1.5

Number of metropolitan and district municipalities with air quality that does not conform to ambient air quality standards

28

0

2019/20

1.6

Number of Controlled Emitters declared

0

2

2008/9

1.7

Number of Controlled Fuels declared

0

2

2008/9

2.1

Number of national Priority Area AQMPs under implementation.

0

2

2008/9

2.2

Number of provincial Priority Area AQMPs under implementation

0

2

2009/10

2.3

Number of municipalities with AQMPs in place

5

28

2009/10

2.4

Strategy for addressing air pollution in dense, low-income settlements published

0

1

2008/9

3.1

Submit second set of ambient air quality standards formulated in accordance with the National Framework with a view to final promulgation

0

1

2007/8

3.2

Conclude agreement with the SABS on the initiation of a standard setting process for additional national ambient air quality standards

0

1

2008/9

3.3

Identify additional pollutants requiring ambient air quality standards

0

4

2008/9

3.4

Number of pollutants with associated

7

8

2007/8


51


Progress rating key






time of writing

No.

Indicator

Baseline, July 2007

Target Date


ambient air quality standards

3.5

Initial set of Listed Activities identified with associated minimum emission standards

0

2008/9

3.6

Number of Controlled Emitters and associated standards declared

0

2

2008/9

3.7

Number of Controlled Fuels and associated standards or prohibitions declared

0

2

2008/9

4.1

Number of air quality related publications available

4

10

2009/10

5.1

Number of National Priority Area AQMPs under implementation

0

2

2008/9

5.2

Number of provincial Priority Area AQMPs under implementation

0

2

2009/10

5.3

Number of Cleaner Production best practise guidelines published

0

2

2009/10

5.4

Regulation in respect of the prescribed form for Atmospheric Impact Report (S.30 of the AQA)

0

1

2007/8

6.1

AEL Manual published

0

1

2008/9

6.2

Number of provincial and municipal officials trained in the use of the AEL Manual

0

100

2008/9

6.3

Number of provincial and municipal officials participating in the APPA Registration Certificate Review process

0

100

2008/9

6.4

Licence fee protocol and implementation manual published

0

1

2008/9


52


Progress rating key






time of writing

No.

Indicator

Baseline, July 2007

Target Date


6.5

Number of municipal CAPCOs designated as part of the APPA-AQA transition process

0

3

2009/10

6.6

Number of APPA Registration Certificates reviewed and converted to the AEL format

0

100

2008/9

6.7

APPA repealed

APPA in effect

APPA repealed

2009/10

7.1

Number of government ambient air quality monitoring stations

37

50

2011/12

7.2

Number of EMIs trained in air quality compliance monitoring

0

200

2011/12

7.3

Number of continuous stack emission monitoring reports submitted

0

72

2011/12

7.4

Number of formal compliance monitoring inspections

0

100/ year

2011/12

8.1

Number of EMIs designated

900

1200 2011/12

8.2

Model Air Pollution Control By-Laws

0

1

2007/8

9.1

Ambient data report/ view generating module

0

1

2009/10

9.2

Ambient monitoring station description

0

1

2009/10

9.3

Ambient raw data import module

0

1

2011/12

9.4

Ambient data validation module

0

1

2011/12

9.5

Ambient data assessment

0

1

2011/12

9.6

Ambient data export module

0

1

2011/12


53


Progress rating key






time of writing

No.

Indicator

Baseline, July 2007

Target Date


9.7

Locally developed emission inventories

0

1

2009/10

9.8

Greenhouse Gas Inventory

0

1

2009/10

9.9

Emission data reporting module

0

1

2015/16

9.10

Emission data report/ view generating module

0

1

2015/16

9.11

Emission monitoring archive

0

1

2015/16

9.12

Emission data import module

0

1

2016/17

9.13

Emission data assessment module

0

1

2016/17

9.14

Emission data export module

0

1

2016/17

9.15

Database of Listed Activities

0

1

2008/9

9.16

All current policy and legislation available

0

1

2007/8

9.17

Air quality scientific literature resource library

0

1

2009/10

9.18

Norms and standards for air quality information management

0

1

2009/10

9.19

All current available AQMPs

0

1

2009/10

9.20

Support centre/ help desk

0

1

2009/10

9.21

Guidelines documents

0

1

2009/10

9.22

Air quality media archive

0

1

2016/17

9.23

Interactive training module

0

1

2016/17


54


Progress rating key






time of writing

No.

Indicator

Baseline, July 2007

Target Date


9.24

Key stakeholder database

0

1

2016/17

10.1

Long-term mitigation scenario process finalised

0

1

2008/9

10.2

Climate change policy development process initiated

0

1

2007/8

10.3

Sectoral Climate Change mitigation and/ or adaptation plans in place

0

1

2009/10

10.4

National communications under the United Nations Framework Convention on Climate Change (UNFCCC)

0

1

2008/9

11.1

Participation in the Annual Air Quality Governance Lekgotla

120

150

Annual

11.2

Number of operational Provincial-municipal AQOFs.

3

9

2010/11

3.1 PROBLEM IDENTIFICATION AND PRIORITISATION

3.1.1 Ambient pollutants

No.

Indicator

Baseline, July 2007

Target Date Summary progress 2010

1.1

Number of pollutants with associated ambient air quality standards.

7

8

2007/8

Little, if any, progress in respect of the establishment of the standard for particulate matter (PM2.5) as a result of work around fine-tuning the AQA S.21 Notice.


55

3.1.2 Pollutant point-sources

No.

Indicator

Baseline, July 2007


1.2

Initial set of Listed Activities identified with associated minimum emission standards.

0

2008/9

The Minister published the national “List of Activities” and its associated minimum emission standards on 31 March 2010 (Government Gazette No. 33064, Notice No. 248 of 31 March 2010).

3.1.2.1 Sugar cane burning In 2008, it was reported that the KZN Province had identified sugar cane burning as a significant source of air pollution and had compiled the ToR for the development of a Sugar Cane Burning Policy for the KZN Province. Furthermore, KZN also reported that the tender for this project was to be advertised calling for service providers. In this reporting period the KwaZulu-Natal Department of Agriculture, Environmental Affairs and Rural Development reported that they are compiling the Sugar Cane Burning Policy with the support of a consultant and that the project is to be completed in this financial year, i.e. before the of end March 2011.

3.1.3 National hotspots

No.

Indicator

Baseline, July 2007


1.3

Number of National Priority Areas declared.

1

2

2007/8

The Minister‟s intent to declare the Waterberg Priority Area was published for public comment in Government Gazette No. 33600, Notice No. 939 of 2010.

3.1.3.1 Progress Report on the Vaal Triangle Airshed Priority Area Although the following table summarises the milestones in respect of the Vaal Triangle Airshed Priority Area to date, a more detailed progress report on the implementation of the Vaal Triangle Airshed Priority Area AQMP is provided in Table 4. Table 4: Key milestones for the Vaal Triangle Airshed Priority Area

KEY MILESTONES FOR THE VAAL TRIANGLE AIRSHED PRIORITY AREA

Date

Milestone

Comments

12 June 2007

Draft Baseline Assessment Report finalised and endorsed by the AQOF/ MSRG.

This provided the foundation for the planning process.


56


Date

Milestone

Comments

12-13 July 2007

The Logical Framework Approach (LFA) Workshop involving governance, MSRG and civil society representation took place in the Vaal Triangle.

This exercise resulted in a heightened sense of ownership of the project by stakeholders. Industries were allocated a one year period until 31 June 2008 to provide board-approved intervention strategies. These included Sasol, Natref, Omnia, ArcelorMittal, Samancor Meyerton, Davesteel, Sigma Calorie, New Vaal, Glen Douglas Dolomite Quarry and Eskom.

3 August 2007

DEA bilateral with affected industries.

DEA met with most of the above industries individually at the DEA offices to discuss challenges relating to their required emission reduction percentages informed by the baseline assessment results.

26 August 2007

The DEA met with other relevant national departments to clarify their roles and intervention responsibilities.

9 October 2007

Draft AQMP presented to the Annual Air Quality Lekgotla.

This generated a lot of interest from both government and NACA participants, and resulted in an increase in the number of requests for presentations post Lekgotla.

19 October 2007

Final draft Vaal Triangle AQMP and Executive Summary submitted to the DEA Director-General for approval.

Although submitted to the Director-General for approval, the AQOF/ MSRG resolved to put the plan on hold until all interventions from industries were received.

4 December 2007

National Air Quality Officer presents the draft Vaal Triangle AQMP to the DEA 4D (Director-General, Deputy Director-Generals and Chief Directors) meeting.

This presentation ensured that the DEA‟s top management was made fully conversant with the AQMP.

10 April 2008

The DEA Director-General approves the draft Vaal Triangle AQMP and Executive Summary.

23 April 2008

Presentation of Vaal Triangle AQMP progress to the International Association for Impact Assessment: Vaal branch (IAIA).

31 June 2008

Industrial interventions from major industries were received by the DEA.

Demonstrated commitment to the project.


57


Date

Milestone

Comments

2 July 2008

The National Air quality Officer presents the AQMP to Sedibeng District Councillors and Mayors.

This resulted into a political buy-in in the district and support for the establishment of the air quality directorate to, among others, implement Sedibeng District‟s interventions.

11 July 2008

The DEA Director-General approves the transition of the AQOF/ MRSG into the Vaal Triangle AQMP Implementation Task Team.

Having been fully involved in this process, and having gained hands-on experience, the AQOF/ MSRG deemed it appropriate to continue with the AQMP implementation rather than establishing a new task team.

22 July 2008

Initial results of the Vaal Triangle Baseline Assessment remodelling exercise were presented to the DEA.

However, a decision was taken during the AQOF/ MSRG sitting on 4 August 2008 not to include these initial results in the Vaal Triangle AQMP, but to use the results to inform the first year review of the Vaal Triangle AQMP which is a year following the final publication in the Government Gazette.

4 August 2008

Presentation of board approved intervention strategies by industries during the MSRG meeting.

Board approved strategies were then incorporated into the plan.

4 September 2008

Final draft Priority Area Manual submitted to the DEA.

Await Chief Director‟s approval of the „Foreword‟.

10 September 2008

Presentation on the Vaal Triangle AQMP to the NACA Vaal branch Air Quality Forum.

This presentation clarified a number of concerns on the link between the priority area and licensing limits issues.

15 September 2008

Incorporation of industrial strategies into the Vaal Triangle AQMP comprehensive report and the Executive Summary were received by the DEA from the service provider.

The plan was gazetted on 28 May 2009.

November 2008

Publication of the draft VTAPA Plan.

Most of the comments received were from the MSRG members.

12 March 2009

Successful workshop to present public comments held at Emerald Casino.

Public comments received during the commenting period which were incorporated in the VTAPA Plan were presented to the stakeholders with the aim of endorsing the final plan.

28 May 2009

Publication of the final VTAPA Plan.

This was gazetted on 28 May 2009.


58


Date

Milestone

Comments

10 July 2009

The first Implementation Task Team meeting was held at Stonehaven.

Working Groups were formed and the Chairs and Co-chairs were also elected for proper implementation of the plan. Problem complexes within the VTAPA Plan were allocated to each working group; continuous meetings are also being held to date.

20 August 2009

The first Medical Forum meeting was held.

The decision to meet on “event” basis in the Vaal Triangle was taken.

28 August 2009

First operational Working Group meeting, Ingwe Guest Lodge in the Vaal Triangle.

Working Group committed to provide its method of work.

12 October 2009

Medical event which took place at Emerald Casino during the week of the DEA Air Quality Governance Lekgotla and NACA Conference.

Seven Medical Practitioners attended the event. The proposal for air quality related respiratory illness study was made.

6 January 2010

The Road Signs Project initiated.

The initiative is among a plethora of identified interventions aimed at addressing the information management problem complex. It is anticipated that once implemented, this initiative will elevate the VTAPA AQMP Implementation profile and also raise air quality awareness in this area.

17 March 2010

The fourth Implementation Task Team Meeting held.

Working Groups progress presentation made.

17 March 2010

Medical Forum event.

Guest speaker, Prof Petro Terblanche presented on the Vaal Air Pollution Study conducted from 1990 and completed in 1994. An inter-comparative follow-up study on Health Effects of Air Pollution in 10-year old children is currently being undertaken by the Council for Scientific and Industrial Research (CSIR) in cooperation with the DEA.

13 September 2010

Implementation Task Team Meeting.

VTAPA AQMP Implementation was handed over to the Sub-directorate: Priority Area Implementation.

11 January 2011

Deputy Director-General approved the appointment of WSP consulting engineer for the Road Signs Project.

Inception meeting with WSP took place on 14 January 2011. The service provider will assist the DEA in developing the ToR for the Road Signs Project.


59

3.1.3.2 Progress Report on the Highveld Priority Area The Minister declared the Highveld Priority Area on 23 November 2007 (Government Gazette No. 29864 of 23 November 2007). With this declaration, work has proceeded with the establishment of the various participatory plan development structures, the establishment of an ambient air quality monitoring network, the development of the required baseline or “problem” assessment and the compilation of the draft AQMP. The following table provides a list of the various milestones to date. Table 5: Key milestones for the Highveld Priority Area

KEY MILESTONES FOR THE HIGHVELD PRIORITY AREA

Date

Milestone

23 November 2007

The Minister of Environmental Affairs and Tourism declares the Highveld region a Priority Area, as the area met all requirements in the Act.

24 January 2008

The National Air Quality Officer presented the Highveld Priority Area (HPA) status-quo to the Forum for Executives in Energy at the request of the Department of Public Enterprises.

9 April 2008

Successful inception meeting after the declaration (Steve Tshwete Municipal Office, Middelburg).

23 May 2008 and 25 May 2008

The HPA tender advert published in the Tender Bulletin and the Sunday Times newspaper respectively.

6 June 2008

The HPA tender briefing session took place at the DEA and 11 consulting companies attended.

26 June 2008

The DEA presented to the Springs Air Quality Forum on the HPA status-quo and its possible impact on industries in Springs.

9 July 2008

The DEA Deputy Director-General approved the Highveld Tender Evaluation Committee.

11 July 2008

The DEA Deputy Director-General approved the ToR for the establishment of the HPA AQOF/ MSRG.

24 July 2008

The DEA Deputy Director-General approved the appointment of the service provider, uMoya-Nilu Consulting to develop the HPA AQMP.

29 July 2008

The DEA presented to the Germiston Air Quality Forum on the HPA status-quo and its possible impact on industries in Germiston.

25 August 2008

Approval of uMoya-Nilu Consulting by the Departmental Adjudication Committee to develop the HPA AQMP.

10 September 2008

SLA between the DEA and uMoya-Nilu Consulting to develop the HPA AQMP signed.

23 October 2008

The first combined HPA AQOF/ MSRG Meeting to introduce the service provider was at the


60

KEY MILESTONES FOR THE HIGHVELD PRIORITY AREA

Date

Milestone

Protea Hotel in Witbank.

19-20 January 2009

The HPA Research Workshop (Ekurhuleni Kempton Park Council Chambers).

20 July 2009

The first draft Baseline Assessment was presented to the MSRG.

8-10 September 2009

HPA AQMP Capacity Building Workshop (Protea Hotel in Witbank).

14 September 2009

Second draft Baseline Assessment and progress on the overall project was presented to the Power Steering Committee (PSC).

4 December 2009

8th HPA PSC Meeting held.

17 February 2010

HPA data review process took place.

25 February 2010

Modelling Workshop held at Edenvale.

1 March 2010

9th HPA PSC Meeting (Presentation of the draft Baseline Assessment Report).

8 April 2010

First draft of the HPA Baseline Assessment published on the HPA website.

19 April 2010

Presentation of the first draft HPA AQMP to the MSRG.

19 May 2010

HPA AQMP MSRG meeting held.

3-4 June 2010

HPA AQMP LFA Workshop held.

14 June 2010

Permission to extend the HPA project and budget provided by the Director-General.

2 July 2010

Letters requesting approved interventions (together with the new intervention template) were sent to industries with the closing date of 30 September 2010.

30 August 2010

10th HPA PSC Meeting (Presentation of the draft AQMP).

28 September 2010

HPA Draft AQMP Interventions Workshop (PSC only) (Only AQO) held.

5 November 2010

HPA Draft 2 Interventions Workshop (CD intervention) held.

10 November 2010

MSRG Meeting to present the second draft AQMP (stakeholders were given 20 days to comment, closing date for comments, 30 November 2010).

17 January 2010

Initiate Director-General submission, approval to publish the draft HPA AQMP.


61

3.1.3.3 Progress report on the proposed Waterberg Priority Area The Minister announced her intention to declare the Waterberg Priority Area on 9 October 2010. This announcement was the culmination of a number of preparatory and investigatory interventions and the following table provides a list of the various milestones to date. Table 6: Key milestones for the proposed Waterberg Priority Area

KEY MILESTONES FOR THE PROPOSED WATERBERG PRIORITY AREA

Date

Milestone

April 2010

Finalised desktop research on the Waterberg air quality status-quo.

27 May 2010

Governance inception meeting held in Lephalale.

21 June 2010

Ministerial intent submission initiated.

31 August 2010

Minister intent submission approved.

1 September 2010

Letters to municipal managers/ MECs on Ministerial intention.

8 and 10 October 2010

Waterberg intent published in the Government Gazette and Sunday Times newspaper respectively.

8 November 2010

All public comments collated.

19 January 2011

Chief Directorate Workshop to finalise the recommendations to the Minister in respect of public comments.

3.1.4 Provincial hotspots

No.

Indicator

Baseline, July 2007

Target

Date

Summary progress 2010

1.4

Number of Provincial Air Quality Areas declared.

0

2

2008/9

No Provincial Priority Area has yet to be declared and, other than the Limpopo Province, there is no reported interest in the use of this tool by provinces. In Limpopo‟s case, it was agreed between the province and the national department that the proposed Waterberg Priority Area, although falling within the provincial boundaries, will be declared as a National Priority Area due to its potential cross-border implications, e.g. impacts from or on Botswana, Zimbabwe and/ or Mozambique.


62

3.1.4.1 “Hotspot” identification in KZN In 2008, the KZN Province reported that a Health Study was to be carried out in Richards Bay as a potential “hotspot”. For this reporting period, KZN noted that it is conducting a Health Study at Richards Bay as Richards Bay is fast becoming the industrial hub of the KZN Province. The aim of the study is to describe the range of ambient exposures of criteria pollutants through informed and acceptable ambient monitoring systems, to assess the potential risks posed by such exposures through a health risk assessment concerning the health of the community in the Richards Bay area and to conduct an asthma prevalence study. The study is being done over a two year period so as to capture two seasonal monitoring campaigns.

3.1.5 Municipal hotspots

No.

Indicator

Baseline, July 2007

Target

Date


1.5

Number of metropolitan and district municipalities with air quality that does not conform to ambient air quality standards.

28

0

2019/20

Although this is no longer considered a useful short- to medium-term indicator and is, in fact, proposed to be replaced by the National Air Quality Indicator (see 2.5), the information contained in the following table may be considered to be of some value.

This indicator is based on Table 24 of the National Framework. However, Table 24, although considered to be very useful when the National Framework was published, is now considered to be somewhat out-dated. The following table is an attempt to provide a more accurate and updated analysis along the line of Table 24. From this, in summary -

The number of municipalities considered as being non-compliant with national ambient air quality standards = 50.

The number of municipalities considered as having come into compliance since 2007 based on accurate, complete and current information = 0.

The number of municipalities known to be non-compliant (confidence level > 90%) = 26.

The number of municipalities that are likely to be non-compliant (confidence level > 50%) = 6.

The number of municipalities whose compliance status is, largely, conjecture (confidence level < 50%) = 18.


63

Table 7: A preliminary rework and update of the 2007 National Framework Table 24 - Potential municipal air pollution hotspots metropolitan and district municipalities initially rated as having poor or potentially poor air quality (an indicative assessment only)

Pro

vin

ce

Municipality

Available Ambient Air Quality

Information Air quality

rating as at September

2009 (compliant,

non-compliant)

Lev

el o

f ce

rtai

nty

Comments

Acc

ura

cy (

go

od

,

un

kno

wn

or

anec

do

tal)

Co

mp

lete

nes

s

(co

nti

nu

ou

s,

cam

pai

gn

, un

kno

wn

or

anec

do

tal)

Cu

rren

cy (

curr

ent,

old

or

very

old

)

No

rth

ern

Cap

e

1.

Gamgara Local Municipality - Kgalagadi District Municipality

anecdotal

anecdotal

current

non-compliant

45%

Rural/ mining - Sishen

2.

Khara Hais Local Municipality - Siyanda District Municipality

anecdotal

anecdotal

current

non-compliant

45%

Rural/ urban - Upington

3.

Sol Plaatjie LM - Frances Baard District Municipality

anecdotal

anecdotal

current

non-compliant

45%

Rural/ urban - Kimberley

Wes

tern

Cap

e

4.

Saldanha Bay Local Municipality - West Coast District Municipality

good

continuous

current

non-compliant

100%

Industrial

5.

City of Cape Town Metropolitan Municipality

good

continuous

current

non-compliant

100%

Urban

6.

Drakenstein Local Municipality - Cape Winelands District Municipality

good

campaign

old

non-compliant

58%

Rural/ agricultural

7.

Stellenbosch Local Municipality - Cape Winelands District Municipality

good

continuous

current

non-compliant

100%

Rural/ agricultural

8.

Mossel Bay Local Municipality - Eden District Municipality

good

campaign

old

non-compliant

58%

Rural/ industrial - Mossgas

Eas

tern

Cap

e

9.

Nelson Mandela Bay Metropolitan Municipality

good

continuous

current

non-compliant

100%

Urban

10.

Buffalo City Local Municipality - Amatole District Municipality

good

continuous

current

non-compliant

100%

Rural/ urban - East London

Kw

aZu

lu-N

atal

11.

Mandini Local Municipality - iLembe District Municipality

good

campaign

old

non-compliant

58%

Rural/ industrial

12.

eThekwini Metropolitan Municipality

good

continuous

current

non-compliant

100%

Urban/ industrial

13.

The Msunduzi Local Municpality - uMgungundlovu District Municipality

good

continuous

current

non-compliant

100%

Rural/ urban - Pietermartizburg


64

Pro

vin

ce

Municipality




2009 (compliant,

non-compliant)

Lev

el o

f ce

rtai

nty

Comments

Acc

ura

cy (

go

od

,

un

kno

wn

or

anec

do

tal)

Co

mp

lete

nes

s

(co

nti

nu

ou

s,

cam

pai

gn

, un

kno

wn

or

anec

do

tal)

Cu

rren

cy (

curr

ent,

old

or

very

old

)

14.

Emnambithi - Ladysmith Local Municipality - Uthukela District Municipality

good

campaign

old

non-compliant

58%

Rural/ urban - Ladysmith

15.

Umtshezi Local Municipality - Uthukela District Municipality

good

campaign

old

non-compliant

58%

Rural/ urban - Estcourt

16.

uMhlathuze Local Municipality - Uthungulu District Municipality

good

continuous

current

non-compliant

100%

Rural/ urban - Richards Bay

17.

Newcastle Local Municipality - Amajuba District Municipality

good

campaign

old

non-compliant

58%

Rural/ urban - Newcastle

Mp

um

alan

ga

18.

Thaba Chweu Local Municipality - Ehlanzeni District Municipality

unknown

anecdotal

very old

non-compliant

27%

Rural/ mining

19.

Mbombela Local Municipality - Ehlanzeni District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ rural - Nelspruit

20.

Umjindi Local Municipality - Ehlanzeni District Municipality

unknown

anecdotal

very old

non-compliant

27%

Urban/ rural - Barberton

21.

Msukaligwa Local Municipality - Gert Sibande District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

22.

Pixley Ka Seme Local Municipality - Gert Sibande District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

23.

Lekwa Local Municipality - Gert Sibande District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

24.

Dipaleseng Local Municipality - Gert Sibande District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

25.

Govan Mbeki Local Municipality - Gert Sibande District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

26.

Delmas Local Municipality - Nkangala District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA


65

Pro

vin

ce

Municipality




2009 (compliant,

non-compliant)

Lev

el o

f ce

rtai

nty

Comments

Acc

ura

cy (

go

od

,

un

kno

wn

or

anec

do

tal)

Co

mp

lete

nes

s

(co

nti

nu

ou

s,

cam

pai

gn

, un

kno

wn

or

anec

do

tal)

Cu

rren

cy (

curr

ent,

old

or

very

old

)

27.

Emalahleni Local Municipality - Nkangala District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

28.

Steve Tshwete District Municipality - Nkangala District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

Gau

ten

g

29.

Randfontein Local Municipality - West Rand District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ mining

30.

Westonaria Local Municipality - West Rand District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ mining

31.

Mogale City Local Municipality - West Rand District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ industrial

32.

City of Johannesburg Metropolitan Municipality

good

continuous

current

non-compliant

100%

Parts included in the VTAPA

33.

Emfuleni Local Municipality - Sedibeng District Municipality

good

continuous

current

non-compliant

100%

Included in the VTAPA

34.

Midvaal Local Municipality - Sedibeng District Municipality

good

continuous

current

non-compliant

100%


35.

Lesedi Local Municipality - Sedibeng District Municipality

good

continuous

current

non-compliant

100%


36.

Ekurhuleni District Municipality

good

continuous

current

non-compliant

100%

Included in the HPA

37.

City of Tshwane Metropolitan Municipality

good

continuous

current

non-compliant

100%

Urban

38.

Kungwini Local Municipality - Metsweding District Municipality

unknown

anecdotal

very old

non-compliant

27%

Mining/ brickworks/ rural

39.

Nokeng tsa Taemane Local Municipality - Metsweding District Municipality

unknown

anecdotal

very old

non-compliant

27%

Mining/ rural


66

Pro

vin

ce

Municipality




2009 (compliant,

non-compliant)

Lev

el o

f ce

rtai

nty

Comments

Acc

ura

cy (

go

od

,

un

kno

wn

or

anec

do

tal)

Co

mp

lete

nes

s

(co

nti

nu

ou

s,

cam

pai

gn

, un

kno

wn

or

anec

do

tal)

Cu

rren

cy (

curr

ent,

old

or

very

old

)

No

rth

Wes

t

40.

Madibeng Local Municipality - Bonjala District Municipality

good

continuous

current

non-compliant

100%

Rural/ urban - Brits

41.

Rustenburg Local Municipality - Bonjala District Municipality

good

continuous

current

non-compliant

100%

Rural/ urban - Rustenburg

42.

Matlosana Local Municipality - Southern District Municipality

anecdotal

anecdotal

old

non-compliant

28%

Rural/ mining

43.

Merafong City Local Municipality - Southern District Municipality

anecdotal

anecdotal

old

non-compliant

28%

Rural/ mining

Lim

po

po

44.

Ba-Phalaborwa Local Municipality - Mopani District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ rural - Phalaborwa

45.

Polokwane Local Municipality - Capricorn District Municipality

unknown

anecdotal

old

non-compliant

37%

Urban/ rural - Polokwane

46.

Lephalale Local Municipality - Waterberg District Municipality

good

continuous

current

non-compliant

100%

Rural/ industrial

47.

Greater Tubatse Local Municipality - Greater Sekhukhune District Municipality

unknown

anecdotal

very old

non-compliant

27%

Rural/ mining

Fre

e S

tate

48.

Mangaung Local Municipality - Motheo District Municipality

unknown

anecdotal

old

non-compliant

37%

Rural/ urban - Bloemfontein

49.

Matjhabeng Local Municipality - Lejweleputswa District Municipality

unknown

anecdotal

old

non-compliant

37%

Rural/ mining

50.

Metsimaholo Local Municipality - Fezile Dabi District Municipality

good

continuous

current

non-compliant

100%



67

3.1.6 Minor, but widespread point-sources

No.

Indicator

Baseline, July 2007

Target

Date


1.6

Number of Controlled Emitters declared.

0

2

2008/9

Little, if any, progress in 2010.

Although there was little progress in respect of Controlled Emitters in 2010 due to the department‟s standard-setting unit being tied up with fine-tuning the important AQA S.21 Notice (see 3.1.2), work on both vehicles and small boilers is still on-going and it is expected that this work will receive increased attention in 2011.

3.1.7 Potentially polluting fuels

No.

Indicator

Baseline, July 2007

Target

Date


1.7

Number of Controlled Fuels declared.

0

2

2008/9

Emission standards for treatment of hazardous waste and the use of alternative fuel resources (AFR) co-processing in cement kilns has been incorporated in the draft minimum emission standards Notice (see 3.1.2). However, specific work on the possible regulation of AFR as Controlled Fuels has not yet commenced.

3.2 STRATEGY DEVELOPMENT


No.

Indicator

Baseline, July 2007

Target

Date


2.1

Number of National Priority Area AQMPs under implementation.

0

2

2008/9

The VTAPA AQMP published in the Government Gazette No. 32262 on the 28 May 2009 (See also 3.1.3.1 and 3.1.3.2). The draft HPA AQMP is scheduled for publication of public comment in early 2011.


68


No.

Indicator

Baseline, July 2007

Target

Date


2.2

Number of Provincial Priority Area AQMPs under implementation.

0

2

2009/10

None, but see 3.1.4

3.2.3 Municipal plans

No.

Indicator

Baseline, July 2007

Target

Date


2.3

Number of municipalities with AQMPs in place.

5

28

2009/10

Nine municipalities have completed their AQMPs while 21 have their AQMPs currently under development. Note: These figures exclude municipalities that are covered under priority areas planning (see Table 8).

Table 8: Government Air Quality Management Plans in place

GOVERNMENT AIR QUALITY MANAGEMENT PLANS IN PLACE

Ref.

Department/ municipality

Current status

NATIONAL

1.

National Department of Environmental Affairs and Tourism

The 2007 National Framework published on 11 September 2007 serves as the department‟s AQMP.

PROVINCIAL

2.

Gauteng

AQMP completed and under implementation.

3.

Free State

AQMP development complete and under implementation. The service provider submitted the final AQMP Report on 22 October 2009.

4.

North West

North West AQMP was completed, gazette and officially launched by the MEC in February 2009. North West is currently developing an atmospheric emission inventory with Escience Associates.

5.

Western Cape

Completed and planning to start with implementation.


69


Ref.


Current status

6.

Mpumalanga

About 80% of the hotspot areas are under the HPA AQMP which is currently underway.

7.

Limpopo

Currently planning to develop its AQMP in-house. ToR was developed. Awaiting Mopani and Vhembe districts to finalise their AQMPs in-house. The development will queue up from the district AQMP.

8.

KwaZulu-Natal

KZN has finalised the data inventory project. Its AQMP process has not yet commenced.

9.

Eastern Cape

Eastern Cape has the intention to develop the AQMP. However, financial constraints prohibit the process from going forward.

10.

Northern Cape

Northern Cape has indicated its intention based on air quality hotspot areas such as Kimberly and Upington. „In-house‟ development of the provincial AQMP has commenced. Financial and skills problems in some districts pose challenges in the process going forward.

METROPOLITAN MUNICIPALITIES

11.

Johannesburg

AQMP under review for financial year 2010-2011. Based on the review process, the project has changed scope to include inputs into the AQMP itself. The contract with the service provider ends in December 2010.

12.

Ekurhuleni

Complete and under implementation. The AQMP Review was postponed pending finalisation of the HPA AQMP.

13.

Cape Town

Complete and under implementation.

14.

Tshwane


15.

eThekwini


16.

Nelson Mandela Bay

AQMP is under development.

DISTRICT MUNICIPALITIES

17.

Capricorn


18.

Ilembe (Stanger)

The AQMP framework was initiated.


70


Ref.


Current status

19.

Drankenstein


20.

Overberg


21.

Eden


22.

Cape Winelands


23.

West Coast

AQMP is under development. The district is currently compiling an emission inventory database.

24.

Waterberg

AQMP finalised but it still awaits Council approval before the launch.

25.

Fezile Dabi

AQMP is under development, LFA conducted, awaiting the final draft AQMP.

26.

West Rand

AQMP is under development. Phase 1 of the AQMP awaits approval by Council. The baseline assessment depicted that collected data was not sufficient to project the actual status-quo. Hence the DEA advised the district to undertake a short-term monitoring programme.

27.

Metsweding

AQMP is under development. The Baseline Assessment Report to be presented before the Executive Council.

28.

Greater Sekhukhune


29.

Dr Kenneth Kaunda

AQMP is under development. The service provider has been appointed to kick-start the project.

30.

Bojanala


31.

Sedibeng

The Vaal Triangle Airshed Priority Area AQMP is a source of reference for the Sedibeng District and its local municipalities.

32.

Nkangala

It will be covered by the HPA AQMP.

33.

Gert Sibande


34.

Ehlanzeni

Intention to initiate the process was communicated to its Council and the DEA, with requests of financial support.


71


Ref.


Current status

35.

Frances Baard

The planning phase for developing its AQMP was initiated by engaging in tender processes.

36.

Buffalo City


37.

Vhembe

Planning to develop the AQMP in-house due to financial constraints.

38.

Mopani

AQMP is under development in-house.

LOCAL MUNICIPALITIES

39.

Rustenburg


40.

Pietermaritzburg


41.

Mangaung


42.

Motheo


43.

Lejweleputswa


44.

Umhlathuze


45.

Msunduzi

Under development: Msunduzi Municipality has completed the Baseline Assessment and gap analysis in partnership with consultants (ZES) and DEA.

46.

Lesedi


PRIORITY AREAS

47.

Vaal Triangle Airshed Priority Area

Final AQMP published on 28 May 2009 and currently under implementation.

48.

Highveld Priority Area

The Baseline Assessment was finalised on 19 April 2010 and the Ministerial submission for the HPA AQMP approval for public comments was initiated on 17 January 2011.


72

3.2.4 Air pollution in dense, low-income communities

No.

Indicator

Baseline, July 2007

Target

Date


2.4

Strategy for addressing air pollution in dense, low-income settlements published.

0

1

2008/9

Since 2007, the DEA has taken the lead role in coordinating the process of developing a strategy to address air pollution in dense low-income communities. On 5 August 2010, the DEA held an internal workshop to discuss the strategy based on the work that was brought forward since 2007. The outcome of the workshop was a report on strategies to address the issue, which included the work and strategies of other departments and agencies. The DEA will be hosting a further internal workshop during February 2011 to develop the draft Discussion Document on the strategy and implementation guidelines. The document(s) will then be presented to-, discussed with-, and assessed by-, other government departments prior to them being finalised for possible submission to Cabinet.

3.3 STANDARD-SETTING

3.3.1 2nd Generation ambient air quality standards

No.

Indicator

Baseline, July 2007

Target

Date


3.1

Submit 2nd set of ambient air quality standards formulated in accordance with the National Framework with a view to final promulgation.

0

1

2007/8

See indicator 1.1 (3.1.1)

3.3.2 Relationship with SABS

No.

Indicator

Baseline, July 2007

Target

Date


3.2

Conclude agreement with the SABS on the initiation of a standard setting process for additional national ambient air quality standards.

0

1

2008/9

A MoU between the Department of Environmental Affairs and Tourism (DEAT) and the SABS- Standards Division was concluded on 10 June 2008. The objective of the MoU provides a joint venture between the DEAT and SABS for the development, adoption and dissemination of National Air Quality Standards in terms of the AQA.


73

3.3.3 New pollutants requiring ambient standards

No.

Indicator

Baseline, July 2007

Target

Date


3.3

Identify additional pollutants requiring ambient air quality standards.

0

4

2008/9


3.3.4 Total ambient standards

No.

Indicator

Baseline, July 2007

Target

Date


3.4

Number of pollutants with associated ambient air quality standards.

7

8

2007/8


3.3.5 Emission standards - point-sources

No.

Indicator

Baseline, July 2007

Target

Date


3.5

Initial set of Listed Activities identified with associated minimum emission standards.

0

2008/9


3.3.6 Emission standards - minor, but widespread point-sources

No.

Indicator

Baseline, July 2007

Target

Date


3.6

Number of Controlled Emitters and associated standards declared.

0

2

2008/9

Refer to indicator 1.6 (0)


74

3.3.7 Fuel standards

No.

Indicator

Baseline, July 2007

Target

Date


3.7

Number of Controlled Fuels and associated standards or prohibitions declared.

0

2

2008/9

Refer to indicator 1.7 (0).

3.4 AWARENESS-RAISING

3.4.1 Publications

No.

Indicator

Baseline, July 2007

Target

Date


4.1

Number of air quality related publications available.

4

10

2009/10

A total of 16 publications. Four published in 2009 (See Table 9: Departmental air quality publications

Table 9: Departmental air quality publications

AIR AND AIR QUALITY RELATED PUBLICATIONS AVAILABLE FROM THE NATIONAL DEPARTMENT

No.

Title

Publication date

1.

Air and Air Quality

2006

2.

Montreal Protocol

2006

3.

Types and Sources of Air Pollutants

2006

4.

An Introduction to the Types and Sources of Air Pollutants

September 2007

5.

An Introduction to Air Quality Management

September 2007

6.

Impacts of Air Pollution

September 2007

7.

South Durban Basin Multi-point Plan Case Study Report

September 2007

8.

The 2007 National Framework for Air Quality Management in South Africa

September 2007

9.

Air Pollution Meteorology

September 2008


75

AIR AND AIR QUALITY RELATED PUBLICATIONS AVAILABLE FROM THE NATIONAL DEPARTMENT

No.

Title

Publication date

10.

Atmospheric Modelling

September 2008

11.

Air Pollution Dispersion and Topographical Effects

September 2008

12.

Air Quality Management Planning and Reporting

September 2008

13.

Why we Need to Manage Air Quality

September 2009

14.

Climate Change and International Agreements

September 2009

15.

Air Pollution Control Approaches

September 2009

16.

Atmospheric Emission Licensing

September 2009

3.5 AIR QUALITY IMPACT MANAGEMENT


No.

Indicator

Baseline, July 2007

Target

Date


5.1

Number of National Priority Area AQMPs under implementation.

0

2

2008/9



No.

Indicator

Baseline, July 2007

Target

Date


5.2

Number of Provincial Priority Area AQMPs under implementation.

0

2

2009/10

None


76

3.5.3 Cleaner Production

No.

Indicator

Baseline, July 2007

Target

Date


5.3

Number of Cleaner Production Best Practise Guidelines published.

0

2

2009/10

No progress on publications to date. The department will only secure the services of suitably qualified researchers to compile a report detailing the current air pollution control practices and international best practice for brickworks and small industrial boilers in late 2009/10. See also Table 3 in the 2008 National Air Quality Officer‟s Report.

As reflected in Appendix 1 of the 2007 National Framework, “DEAT‟s air and atmospheric quality publications”, the department intends to identify various widespread Listed Activities that, although they may be relatively insignificant as emission sources in the national or provincial context, have significant local impacts. In this regard, the National Framework already identifies two such activities: (i) brickworks; and (ii) small industrial boilers. In this regard, the department will secure the services of suitably qualified researchers to compile reports detailing: (a) the current air pollution control practices for the identified activities; and (b) international best practice with respect to air pollution control practices for the identified activities. The purpose of these reports is to provide a ready reference document for Government Air Quality Managers and EIA assessors, Emission Control Officers, industrial process engineers and factory managers who are involved in the identified sectors to assist in general air quality management decision-making and on-going improvements in the environmental performance of the sector. Although Appendix 1 of the 2007 National Framework, reflects that the “D.1 - Air Pollution Control and Brickworks - Best Practice and Best Available Technology” and “D.2 - Air Pollution Control and Small Industrial Boilers - Best Practice and Best Available Technology” publications are planned to be published in 2008/ 9 and 2009/ 10 respectively, the department is only likely to have the capacity to research and compile these publications in 2010 or 2011. Finally, the department will use the opportunity of the Annual Air Quality Governance Lekgotla to seek the advice of provinces and municipalities on any other cleaner production publications that may be useful. In this regard, there already appears to be support for publications relating to sugar cane burning (see also 3.1.2.1) and fishmeal plants.


77

3.5.4 Impact assessment - existing facilities

No.

Indicator

Baseline, July 2007

Target

Date


5.4

Regulation in respect of the prescribed form for Atmospheric Impact Report (S.30 of the AQA).

0

1

2007/8

The prescribed form for the Atmospheric Impact Report contemplated in S.30 of the AQA was published for public comment (60 days) under Gazette No. 31107, Notice No. 619 dated 6 June 2008.

3.6 ATMOSPHERIC EMISSION LICENSING

3.6.1 Licensing manual

No.

Indicator

Baseline, July 2007

Target

Date


6.1

AEL Manual published.

0

1

2008/9

The Licensing Manual was published and distributed at the 2009 Annual Air Quality Governance Lekgotla and is available on the SAAQIS (www.saaqis.org.za).

3.6.2 Trained officials - short courses

No.

Indicator

Baseline, July 2007

Target

Date


6.2

Number of provincial and municipal officials trained in the use of the AEL Manual.

0

100

2008/9

See 2.1 and Table 5 in the 2008 National Air Quality Officer‟s Report.

3.6.3 On-the-job training

No.

Indicator

Baseline, July 2007

Target

Date


6.3

Number of provincial and municipal officials participating in the APPA Registration Certificate Review process.

0

100

2008/ 9

See 2.1 and Table 6 in the 2008 National Air Quality Officer‟s Report.


78

3.6.4 Services fees

No.

Indicator

Baseline, July 2007

Target

Date


6.4

Licence Fee Protocol and Implementation Manual published.

0

1

2008/9

Draft regulations and an implementation protocol for the licence fee calculator have been submitted to the Minister for approval to publish for public comment.

3.6.5 Municipal CAPCOs

No.

Indicator

Baseline, July 2007

Target

Date


6.5

Number of municipal CAPCOs designated as part of the APPA-AQA transition process.

0

3

2009/10

CAPCOs have been designated in the City of Johannesburg, the City of Cape Town and the Ekurhuleni Metropolitan Municipalities.

3.6.6 APPA-AQA licensing transition

No.

Indicator

Baseline, July 2007

Target

Date


6.6

Number of APPA Registration Certificates reviewed and converted to the AEL format.

0

100

2008/9

A total of 164 - 68 as part of the APPA Review Project (see Table 7 in the 2008 National Air Quality Officer‟s Report) and the remainder as part of normal operations.

3.6.7 Repeal of APPA

No.

Indicator

Baseline, July 2007

Target

Date


6.7

APPA repealed

APPA in effect

APPA repealed

2009/10

All transitional arrangements are on track for the repeal of the APPA on 1 April 2010.


79

3.7 COMPLIANCE MONITORING

3.7.1 Government monitoring network

No.

Indicator

Baseline, July 2007

Target

Date


7.1

Number of government ambient air quality monitoring stations.

37

50

2011/12

951 - see Table 10

Table 10: Government owned ambient air quality monitoring stations

GOVERNMENT OWNED AMBIENT AIR QUALITY MONITORING STATIONS

Owner

Ref.

Location

Status

Pollutants monitored

Department of Environmental Affairs and Tourism

1.

Fons Luminis High School (VTAPA)

Fully operational since March 2007.

PM10, PM2.5, SO2, NOx, O3, CO, Pb and BTEX

2.

Kliprivier Police Station (VTAPA)



3.

Riverside High School (VTAPA)



4.

Thuto Lore Secondary School (VTAPA)



5.

Iketsetseng Comprehensive Secondary School (VTAPA)



6.

Saul Tsotetsi Sport and Recreation Centre (VTAPA)



7.

Elukhanyisweni High School (HPA)

Established, operational since August 2008.

PM10, PM2.5, SO2, NOx, O3, CO, Pb, Hg and BTEX

8.

Middelburg Christian School (HPA)



9.

Tsiki-Naledi Secondary School (HPA)



1 As at December 2009, 50 of these 95 stations were reporting data to the SAAQIS.


80


Owner

Ref.

Location

Status


10.

Tusiville Clinic (HPA)

Established, operational since August 2008


11.

Sasol Club (HPA)

Established, operational since August 2008


PROVINCIAL DEPARTMENTS

Gauteng

12.

Randfontein Local Municipality - Yarona

In the process of re-commissioning.

PM10, SO2,NOx, O3 and CO

13.

Midvaal Local Municipality - Meyerton


PM10, SO2, NOx, O3 and

CO

14.

Emfuleni Local Municipality - Vanderbijlpark


SO2, NOx, CO and BTEX

15.

Mogale City Local Municipality - Leratong Hospital


PM10, SO2 and NOx

Western Cape

16.

Paarl Traffic Department

Commissioned

PM10, SO2, NOx, O3, BTEX, Pb and VOCs

17.

Vredenburg High

Commissioned


18.

Mossel Bay

Commissioned


KwaZulu-Natal Department of Agriculture and Environmental Affairs (DAEA)

19.

Newcastle

Commissioned

PM10, PM2.5, SO2, NOx, O3 and H2S

20.

Estcourt

Commissioned


21.

Port Shepstone

Commissioned


22.

Pietermaritzburg Central (CBD)

Re-commissioned in November 2006, in process of QA/ QC.

PM10, PM2.5, SO2, NOx, O3 and CO

23.

Empangeni

Commissioned



81


Owner

Ref.

Location

Status


24.

Mandeni

Commissioned


Mpumalanga Department of Agriculture and Land Administration

25.

Zacheus Malaza High School (HPA)

Established, to be commissioned in October 2008.

SO2,NO, NO2, NOx, CO, O3, PM10, PM2.5, BTEX, Pb and Hg

26.

NG Kerk, Gholfsig (HPA)



27.

Lgugulabasha Primary School (HPA)



28.

IM Manchu Senior Secondary School (HPA)



North West

29.

Demonsville Community Centre - Madibeng Local Municipality Department of Agriculture, Conservation and Environment (DACE)

Established, operational but continuous preventative maintenance remains a challenge.

PM10, PM2.5, SO2 and NOx

30.

Marikana Community Centre - Rustenburg Local Municipality (RLM)

Fully operational since May 2008.

PM10, SO2, NOx, CO and VOCs

31.

Reatile Middle School - RLM


PM10, SO2, NOx, O3 and CO

32.

Boitekong Civic Centre - RLM



33.

Phokeng Civic Centre - RLM DACE


PM10, PM2.5, SO2, NOx and O3

34.

Moruleng Community Centre - Moses Kotane Municipality DACE


PM10, PM2.5 and SO2

35.

Jouberton - Matlosana DACE


PM10, PM2.5, SO2 and NOx


82


Owner

Ref.

Location

Status


36.

Khuma - DACE


PM10, PM2.5 and SO2

37.

Kanana - Orkney DACE


PM10, PM2.5 and SO2

38.

Agricentre Building Mafikeng DACE


PM10 and PM2.5

Limpopo

39.

Steelpoort - Tubatse (Sekhukhune District Municipality)

Operational

PM10, PM2.5, SO2 and CO2

40.

Polokwane (Capricorn District Municipality)

Operational

SO2

METROPOLITAN MUNICIPALITIES

City of Johannesburg

41.

Alexandra

Operational

PM10, SO2, NOx, O3 and CO2

42.

Buccleuch

Operational

PM10, PM2.5, SO2, NOx, O3, CO and BTEX

43.

Delta

Operational

NOx and O3

44.

Jabavu

Operational

PM10 and SO2

45.

Newton

Operational

PM10, NOx, O3 and CO

46.

Orange Farm

Operational

PM10 and SO2

47.

Diepsloot

Operational

PM10, SO2, NOx and O3

48.

Ivory Park

Operational


Ekurhuleni

49.

Leondale Hall AQMS

In the process of re-commissioning with assistance from the Gauteng Province.

PM10, SO2, NOx, O3, CO, BTEX and CO2

50.

Pollark Park Springs

In the process of re-

PM10, SO2, NOx, O3, CO


83


Owner

Ref.

Location

Status


commissioning. and CO2

51.

Etwatwa Library


PM10, SO2, NOx, CO, BTEX and CO2

52.

Erin Clinic - Tembisa


PM10, SO2, NOx, CO and CO2

53.

Wattville Youth Centre



54.

Delville Bowling Club



55.

Bedfordview Waste Depot



56.

Thokoza Civic Centre



57.

Primrose Bus Depot



City of Cape Town

58.

Athlone

Operational

NOx, SO2 and O3

59.

Bellville South

Operational

PM10, NOx and SO2

60.

Bothasig

Operational

NOx, SO2 and H2S

61.

CT City Hall

Operational

NOx, SO2 and CO

62.

CT Foreshore

Operational

PM10 and VOC

63.

CT Molteno

Operational

O3

64.

Goodwood

Operational

PM10, NOx, SO2, O3 and CO

65.

Khayelitsha

Operational

PM10, NOx and SO2

66.

Killarney

Operational

PM10, NOx, SO2, H2S and VOC

67.

Potsdam Wastewater

Operational

H2S and TRS


84


Owner

Ref.

Location

Status


Works

68.

Potsdam Air Quality

Operational

SO2

69.

Somerset West

Operational

PM10, NOx, SO2 and O3

70.

Wallacedene

Operational

PM10, NOx, SO2, CO and O3

eThekwini

71.

Wentworth

Operational


72.

Southern Works

Operational

SO2 and NOx

73.

Settlers

Operational

SO2 and TRS

74.

Jacobs Air Monitoring

Operational

SO2 and NOx

75.

Prospecton

Operational

SO2

76.

Ganges

Operational

PM10, SO2 and NOx

77.

Alverstone

Operational

O3

78.

City Hall

Operational

PM10 and NOx

79.

Ferndale

Operational

NOx

80.

Grosvenor

Operational

SO2

81.

Warick Avenue

Operational

NOx

Nelson Mandela Bay

82.

PE Delta

Operational

PM10, SO2, NOx, O3, CO and BTEX

Tshwane

83.

Pretoria West

Operational


84.

Rosslyn

Operational

SO2, NOx, O3 and CO

85.

Mamelodi

Operational


86.

Booysens

Operational

PM10, SO2, NOx, O3 and


85


Owner

Ref.

Location

Status


CO

87.

Olievenhoutbosch Clinic

Operational


DISTRICT AND LOCAL MUNICIPALITIES

Msunduzi Municipality

88.

14 Herschensonn Road, Edendale (Industrial area of Pietermaritzburg)

The new station installed was commissioned in June 2008. The purpose of the station is to establish the status-quo of ambient air in the Edendale area. The state of the art station will now assist the Unit in monitoring the emissions from industries in the area and to ensure compliance with applicable legislation and standards.

VOCs (BTEX), H2S and SO2

89.

Willowton, River of Life Christian Ministry‟s premises in Eastwood

The Unit received a mobile air quality monitor, which was donated by the DAEA. The monitor has been deployed at the Willowton, River of Life Christian Ministry‟s premises in Eastwood. The monitor will remain in this area for the next year. However, the DAEA has engaged in the process of procuring a real-time station for the municipality. The municipality identified the need to establish a station adjacent to the Willowton Industrial area and a busy arterial road leading from the northern suburbs of the city into the CBD.

PM, NO2 and SO2

Mangaung

90.

Bayswater Clinic

Operational but not calibrated

PM2.5, SO2 and NOx

91.

Pelonomi Hospital


PM2.5, SO2, NOx, O3 and Pb

92.

Kagisanong Community


PM2.5, SO2, NOx, O3 and Pb

Buffalo City

93.

East London (B1)

Operational


94.

Zwelitsha

Operational



86


Owner

Ref.

Location

Status


Rustenburg

95.

Rustenburg Local Municipality

Fully operational since May 2008


3.7.2 EMIs

No.

Indicator

Baseline, July 2007

Target

Date


7.2

Number of EMIs trained in air quality compliance monitoring.

0

200

2011/12

244 – see Table 12

2010 saw the number of local authority officials that have received EMI basic training reach just below 100. These officials are awaiting the final approval of the Draft National Guideline for the Rollout of the Environmental Management Inspectorate and accompanying Implementation Protocol by the MINMEC, MINTECH and Working Group structures prior to the commencement of their designation. These documents seek to guide the designation of local authority EMIs to undertake environmental compliance and enforcement duties in terms of the National Environmental Management Act, 1998 (NEMA) and specific environmental management Acts (SEMAs) within the framework of the original powers as set out in Part Bs of Schedule 4 and 5 of the Constitution. The widespread designation of these officials is likely to take place in 2011; and signal a significant and much needed increase in the compliance and enforcement capacity for the NEM: AQA. In addition, the DEA also convened a number of meetings with key stakeholders on specific issues related to local authority EMIs, including discussions with the Health Professions Council of SA (HPCSA), the South African Institute of Environmental Health (SAIEH), the Department of Health‟s Environmental Health Directorate, and various other stakeholders on the potential alignment of EMI and Environmental Health Practitioner‟s qualifications. The following table provides a list of all current EMIs who have been designated as pollution, waste and EIA compliance and enforcement EMIs (excluding EMIs specifically trained as Conservation Officers). Table 11: Pollution and Waste Management Environmental Management Inspectors (EMIs)

DEPARTMENT OF ENVIRONMENTAL AFFAIRS

No.

Name

Designation date

Grade

1.

Joanne Ruth Yawitch

14 July 2005

1

2.

Sonnyboy Bapela

8 December 2009

1

3.

Fundisile Goodman Mketeni

18 December 2006

1


87


No.

Name

Designation date

Grade

4.

Johanna Elizabeth McCourt

18 December 2006

1

5.

Moegamat Ishaam Abader

18 December 2006

1

6.

Ledimo Alpheus Kgatle

24 May 2010

2

7.

Susanna S J Meintjes

22 May 2006

2

8.

Eugene Malcolm Swart

24 May 2010

2

9.

Magdel Boshoff

21 January 2009

2

10.

Vanessa Navieneetham Chetty

22 October 2007

2

11.

Euclay Sanele Khawula

22 October 2007

2

12.

Tsholofelo Matlou

22 October 2007

2

13.

Lucas Cornelius Finnish

22 October 2007

2

14.

Jacques du Toit

30 May 2006

2

15.

Monaga Conny Seroba

24 May 2010

2

16.

Marie-Louise Lume

8 December 2009

2

17.

Grant Walters

8 December 2009

2

18.

Mpho Dorcas Sebole

17 November 2010

2

19.

Bernard Mpfareleni Ndou

20 August 2010

2

20.

Ziyaad Hassam

21 January 2009

2

21.

Brenden Perumal

20 August 2010

2

22.

Mandla Abdul Mona

24 May 2010

3

23.

Pamela Claire Kershaw

22 May 2006

3

24.

Steward Christopher Green

30 March 2009

3


88


No.

Name

Designation date

Grade

25.

Agrippa Jamaica Mathanzima Nyambe

17 November 2010

3

26.

Nketu Lesejane

8 December 2009

3

27.

Sabelo Michael Malaza

18 December 2006

3

28.

Jafta Lehlohonolo Mofokeng

8 December 2009

3

29.

Makgomo Mushwana

8 December 2009

3

30.

Werner Otto Eiselen

17 November 2010

3

31.

Cashandra Fredericks

20 June 2007

3

32.

Wiseman Rikhotso

22 May 2006

3

33.

Nkoleng Oarabile Magapa

22 October 2007

3

34.

Thendo Nethengwe

20 August 2010

3

35.

Olebogeng Matshediso

8 December 2009

3

36.

Armstrong Simelane

8 December 2009

3

37.

Lerato Moja

8 December 2009

3

38.

Joel Tjiane

8 December 2009

3

39.

Millicent Nondumiso Mkhatshwa

24 May 2010

3

40.

Wynand D M Fourie

22 May 2006

4

41.

Daniel W J Smit

22 May 2006

4

42.

Dee Fischer

21 January 2009

4

43.

Peter Lesiba Ngoasheng

22 May 2006

4

44.

Metli Jacob Lucas Motepe

22 May 2006

4

45.

Carol Jacobs

21 January 2009

4


89


No.

Name

Designation date

Grade

46.

Jacobus Coenrad Agenbach

22 May 2006

4

47.

Thizwikoni Ramavhona

21 January 2009

4

48.

Takalani Maswime

21 January 2009

4

49.

Stranton Narian

21 January 2009

4

FREE STATE

50.

David Mofokeng

7 February 2007

2

51.

Lourens Goosen

29 January 2008

2

52.

C R L Louw

7 February 2007

2

53.

I Roets

29 January 2008

2

54.

Mpho Penelope Gunudu

24 November 2010

3

55.

Thembi Itshokeng Rhoda Mpofu

24 November 2010

3

56.

Nomkhita Pikelela

24 November 2010

3

57.

Ntsoaki Martha Khomo

24 November 2010

3

58.

Precious Refilwe Likhoele

24 November 2010

3

59.

Wimpie Geyer

7 February 2007

3

60.

H Jordaan

7 February 2007

3

61.

T Mostert

7 February 2007

3

62.

A F G Schlemmer

7 February 2007

3

63.

J J den Houting

7 February 2007

3

64.

R S Khadi

7 February 2007

3

65.

K Mocwaledi

10 September 2008

3


90


No.

Name

Designation date

Grade

66.

M Poonyane

10 September 2009

3

GAUTENG

67.

Lourens Badenhorsdt

11 September 2006

1

68.

Motebang Gregory Molise

31 May 2010

2

69.

Sanjay Dubru

13 November 2009

2

70.

Leornard Makhutle

31 May 2010

2

71.

Miyalani Collan Baloyi

13 November 2009

2

72.

Tsakane L Malatjie

31 May 2010

2

73.

Sedi Mogorosi

31 May 2010

2

74.

Cecilia Maelia Petlane

30 May 2006

2

75.

Stony Steenkamp

26 June 2006

2

76.

Dirk Boshoff

26 June 2006

2

77.

Minky Chauke

19 November 2007

2

78.

Nolubabalo Solomon

06 April 2009

2

79.

Benedict Kabalepile Itholeng

06 April 2009

2

80.

Olga Kone

30 June 2008

2

81.

Amanda Frantz

30 June 2008

2

82.

Mandla Tshabalala

11 September 2010

2

83.

Macerlina Bello

31 May 2010

3

84.

Nomsa Mabel Sekgotha

31 May 2010

3

85.

Msengi G Maluleke

31 May 2010

3


91


No.

Name

Designation date

Grade

86.

Vhuyani Maphangwa

31 May 2010

3

87.

Baldwin Jomo Mahatlani

31 May 2010

3

88.

Martin Frederich Grieb

31 May 2010

3

89.

Mkateko Patricia Hlongo

31 May 2010

3

90.

Omolayo Olatunde Ilemobade

6 April 2009

3

91.

Tondani Hilda Tshikolomo

6 April 2009

3

92.

Percy Liswoga Rambau

29 November 2007

3

93.

Lelanie van der Westhuizen

19 November 2007

3

94.

Tebogo Mooketsi

11 September 2006

3

95.

Mukundwa Simon Netshithuthuni

6 April 2009

3

96.

Maanda Collins Alidzulwi

6 April 2009

3

97.

Thabo Moraba

30 June 2008

3

98.

Tshiwela Altonia Muchipi

6 April 2009

3

99.

Nemalili Alugumi Yesaya

30 June 2008

3

100.

Maryjane Ramahlodi

19 November 2009

3

101.

Jimmy Maluleka

29 November 2007

3

102.

Ndivhuwo Malada

30 June 2008

3

103.

Mamelato Anna Ngoasheng

6 April 2009

3

LIMPOPO

104.

Nomazizi Mdi

9 September 2010

1

105.

Lesetja William Mokganya

29 December 2009

1


92


No.

Name

Designation date

Grade

106.

Phillip Matome Monyepao

11 July 2006

1

107.

Margaret Muyanolo Nemutamvuni

11 July 2007

1

108.

Victor Mafemane Mongwe

11 July 2007

1

109.

Tlou Patience Makgoka

8 December 2009

1

110.

Shonisani Eunice Mphaphuli

9 September 2010

2

111.

Samuel Hlekani Makhubele

9 September 2010

2

112.

Ronald Haywood

11 July 2006

2

113.

Tshiandzi Eugene Nemavhola

15 November 2007

2

114.

Frans Matsobane Chuene

11 July 2006

2

115.

Cuthbeth Tshisikule

11 July 2006

2

116.

Obed Motsiene Moagi

11 July 2006

2

117.

Anton Andriaan Van Wetten

11 July 2006

2

118.

Lucky Moja

15 November 2007

2

119.

Tauhlole Sucess Moroaswi

15 November 2007

2

120.

Khetani Joseph Mabunda

9 September 2010

3

121.

Takalani Emmanule Mukhudi

9 September 2010

3

122.

Tshepo Jan Maselela

9 September 2010

4

123.

Lovey Adolphina Modiba

9 September 2010

4

124.

Tinyiko Petunia Malungani

9 September 2010

4

WESTERN CAPE

125.

Gottlieb Martin Arendse

19 January 2008

2


93


No.

Name

Designation date

Grade

126.

Tinyiko Marelele

4 June 2007

2

127.

Fagd Said

19 January 2008

2

128.

Wazeer Essop

19 January 2008

2

129.

Gregg Adams

23 July 2010

2

130.

Belinda Langenhoven

30 March 2009

2

131.

Dean Gilbert

2 July 2010

2

132.

Nazeema Duarte

30 March 2009

2

133.

Nitasha B Pillay

30 March 2009

2

134.

Xoliswa Mazana

23 July 2010

2

135.

Chantal Williams

30 March 2009

2

136.

Shawn M Le Roux

30 March 2009

2

137.

Clayton Hendricks

23 July 2010

2

138.

Shavaun Frantz

23 July 2010

2

139.

Russell Mehl

24 July 2010

3

140.

Charles Adams

10 June 2007

3

141.

Natasha Wilson

10 June 2007

3

142.

Jodie Melissa Johnson

10 June 2007

3

143.

Achmad Bassier

19 January 2008

3

144.

Eduard Hanekom

4 June 2007

4

145.

August G Hoon

4 June 2007

4

146.

Johannes Marthinus Oelofse

4 June 2007

4


94


No.

Name

Designation date

Grade

147.

Daniel Petrus Swanepoel

4 June 2007

4

148.

Francois Myburgh Naude

4 June 2007

4

149.

Mogamat Zain Jumat

4 June 2007

4

150.

Lance D C McBain - Charles

4 June 2007

4

151.

Eldon Mornay van Boom

4 June 2007

4

152.

Zaidah Toefy

4 June 2007

4

153.

Catherine L Bill

4 June 2007

4

154.

Kamaseelan Chetty

4 June 2007

4

155.

Naledzini Dorah Mulidzi

5 June 2007

4

156.

Andrea F E Thomas

4 June 2007

4

157.

Adri Isolda La Meyer

4 June 2007

4

158.

Andre Werner Oosthuisen

4 June 2007

4

NORTH WEST

159.

Tshepo Moremi

12 July 2006

1

160.

Sindisiwe Zwane

12 July 2006

2

161.

Carene Wessels

12 July 2006

2

162.

Percy Matlapeng

3 June 2010

2

163.

Basadi Moselakgomo

21 October 2009

2

164.

Stephen Rapula Monyatsi

21 October 2009

2

165.

David Borho Maganye

3 June 2010

2

166.

Desmond Makabanyane

3 June 2010

2


95


No.

Name

Designation date

Grade

167.

Joyce Rebecca Mautsu

3 June 2010

2

168.

Oarabile Derrick Podile

8 September 2010

2

169.

Theophilus Ilanga Ilanga

10 November 2009

2

170.

Malinda Grove

8 September 2010

2

171.

Redwin Tshisudzungwane

3 June 2010

2

172.

Mmbudziseni Ernest Mulibana

21 October 2009

2

173.

Wilhema van Veijeren Weideman

8 September 2010

2

174.

Estelle Mariette Weideman

8 September 2010

2

175.

Muthuphei Stranded Seboya

3 June 2010

2

176.

Molebatsi R Maloka

8 September 2010

2

177.

Keneilwe Doreen Ntuane

3 June 2010

2

178.

Lungiswa Stella Nonkomo

3 June 2010

2

KWAZULU-NATAL

179.

Bonisiwe Nkosi

14 February 2007

1

180.

Pamela Thuledu Khumalo

14 February 2007

1

181.

Lembi William Mngoma 14 February 2007

1

182.

Timothy Adebayo fasheun

14 February 2007

1

183.

Haroon Essop Karodia 20 June 2007

1

184.

Khumbulani Derrick Mbatha 14 February 2007

2

185.

Nelson Ntokozo Nkosi

14 February 2007

2

186.

Sibongile Xolile Madiba

14 February 2007

2


96


No.

Name

Designation date

Grade

187.

Dumisani Joseph Gwede

14 February 2007

2

188.

Daniel Dennis Mkhwanazi

14 February 2007

2

189.

Siphumelele Nowele

14 February 2007

2

190.

Jayseelan Puckree

14 February 2007

2

191.

Thembisile Theresa Ngcobo 14 February 2007

2

192.

Phillip James Siphosakhe Xulu

14 February 2007

2

193.

Poovindrin Moodley

14 February 2007

2

194.

Patricia Nompumelelo Mhlongo

14 February 2007

2

195.

Kim Van Heerden 14 February 2007

2

196.

Sabelo Ngcobo

19 May 2008

2

197.

Phumelele Msimang

19 May 2008

2

198.

Masiko Buthelezi

19 May 2008

2

199.

Heather Sheard 19 May 2008

2

200.

Zama Mathenjwa

19 May 2008

2

201.

Mlungiseleli Binda 14 February 2007

3

202.

Bhekumuzi Zamokuhle Mathenjwa

19 May 2008

3

MPUMALANGA

203.

Garth Batchelor

12 December 2006

1

204.

Samuel Sky Maluleka

12 December 2006

1

205.

Mfanafikile Cyprian Theledi

12 December 2006

1

206.

Foster Phorce Maisane

12 December 2006

1


97


No.

Name

Designation date

Grade

207.

Gerhardus Albertus Lotter

9 October 2008

2

208.

Johan Hendrik Robert Jacobs

23 May 2007

2

209.

Toneka Nolubabalo Tanda

12 December 2006

2

210.

Gezephi Hellen Nyalunga

12 December 2006

2

211.

Nomazulu Valencia Mdhluli

12 December 2006

2

212.

Pamella Ntombifuthi Ntuli

12 December 2006

2

213.

Elize Moira Mnisi

12 December 2006

2

214.

Khomotso Q Shakwane

9 October 2008

3

215.

Mpho Nembilwi

29 November 2009

3

216.

T Metiso

29 November 2009

3

NORTHERN CAPE

217.

Albert L Mabunda

21 April 2010

1

218.

Nicholas Jacobus Van Zyl

18 December 2006

2

219.

Obopeng Tokgamo Gaoraelwe

3 October 2006

2

220.

Tshenolo Revelation Montshiwa

23 January 2008

2

221.

Lerato Mokhoatle

3 October 2006

2

222.

Emelda Mbenga

18 December 2006

2

EASTERN CAPE

223.

Mbuyiseli Leeman Mboya

15 February 2007

1

224.

Phumla Mzazi

15 February 2007

1

225.

Mhlanganisi Sinuka

15 February 2007

1


98


No.

Name

Designation date

Grade

226.

Deon De Villiers

31 October 2008

1

227.

Charl Gerhardus Pienaar

31 October 2008

2

228.

Sizakele Gabula

15 February 2007

2

229.

Noluthando Bam

15 February 2007

2

230.

Quintus Hahndiek

31 October 2008

2

231.

Quintus Hahndiek

31 October 2008

2

232.

Robert Stegmann

9 March 2009

2

233.

Jan Christian Stand Kamp

15 February 2007

3

234.

Patrick Allan Hannan

15 February 2007

3

235.

Sandiso Mabongo

15 February 2007

3

236.

Hennie Swanevelder

31 October 2008

3

237.

Kenva Mboweni

31 October 2008

3

238.

Jacob Johannes Piennar

31 October 2008

3

239.

Hennie Swanevelder

31 October 2008

3

240.

Timothy Paul De Jongh

31 October 2008

3

241.

Michael Zanemvula Kani

15 February 2007

4

242.

Solomon Mongameli Duna

15 February 2007

4

243.

Stanford Jackson Spotsi

15 February 2007

4

244.

Given Thembekile Ndabambi

15 February 2007

4


99

The following table provides a list of all designated EMIs who have been trained in general environmental management compliance and enforcement (excluding EMIs specifically trained as Conservation Officers only). Table 12: Pollution and Waste Management Environmental Management Inspectors (EMIs)

POLLUTION AND WASTE MANAGEMENT ENVIRONMENTAL MANAGEMENT INSPECTORS

Organisation

Ref.

Name

Specific focus area (if any)

Date designated

Department of Environmental Affairs and Tourism

1.

Joanne Ruth Yawitch

Pollution and waste 14 July 2005

2.

Peter John Lukey


3.

Metli Jacob Lucas Motepe

Pollution and waste 22 May 2006

4.

Wynand D M Fourie


5.

Daniel W J Smit


6.

Nokuthula Priscilla Mthembu

Pollution and waste

22 May 2006

7.

Jacobus Coenrad Agenbach


8.

Wiseman Rikhotso


9.

Johanna Elizabeth McCourt

Pollution and waste

18 December 2006

10.

Moegamat Ishaam Abader

Pollution and waste

18 December 2006

11.

Takalani Maswime

Pollution and waste

21 January 2009

12. Stranton Narain

Pollution and waste

21 January 2009

13.

Thizwikoni Ramavhona

Pollution and waste

21 January 2009

14. Ziyaad Hassam

Pollution and waste

21 January 2009

15. Carol Jacobs

Pollution and waste

21 January 2009

16.

Dee Fischer

Pollution and waste

21 January 2009

17.

Frances Jane Paes Craigie

Pollution and waste

21 January 2009

18.

Franz Scheepers

Pollution and waste

21 January 2009


100


Organisation

Ref.

Name


Date designated

19.

Sonnyboy Bapela

Pollution and waste 8 December 2009

20.

Lerato Moja

Pollution and waste

8 December 2009

21.

Makgomo Mushwana

Pollution and waste

8 December 2009

22.

Nketu Lesejane

Pollution and waste

8 December 2009

23.

Armstrong Simelane

Pollution and waste

8 December 2009

24.

Marie-Louise Lume

Pollution and waste

8 December 2009

25.

Grant Walters

Pollution and waste

8 December 2009

26.

Jacques du Toit

Pollution and waste

8 December 2009

27.

Jafta Mofokeng

Pollution and waste

8 December 2009

28.

Olebogeng Matshediso

Pollution and waste

8 December 2009

29.

Mandlenkosi Mahlalela

Pollution and waste

8 December 2009

PROVINCE

Gauteng

30.

Steven Cornelius

Pollution and waste

30 May 2006

31.

Cecilia Maelia Petlane


32.

Tebogo Raymond Ronald Twala


33.

Thabo Moraba

Pollution and waste

26 June 2006

34.

Lourens Badenhorsdt

Pollution and waste 11 September 2006

35.

Tebogo Mooketsi

Pollution and waste 11 September 2006

36.

Motebang Gregory Molise


37.

Minky Chauke

Pollution and waste 19 November 2007

38.

Lelanie van der Westhuizen

Pollution and waste

19 November 2007


101


Organisation

Ref.

Name


Date designated

39.

Maryjane Ramahlodi

Pollution and waste 19 November 2007

Western Cape

40.

Gottlieb Martin Arendse

Pollution and waste 26 February 2007

41.

Achmad Bassier


42.

Farah Abrahams


43.

Dipolelo Jane Elford


44.

Suretha van Rooyen

Pollution and waste 4 June 2007

45.

Shadley Mackenzie


46.

Naledzini Dorah Mulidzi


47.

Malesela Kekana


48.

Kamaseelan Chetty


49.

Lance D C McBain - Charles


50.

Eduard P Hanekom

Pollution and waste

4 June 2007

51.

Catherine L Bill

Pollution and waste

4 June 2007

52.

August G Hoon


53.

Alison J Davison

Pollution and waste

4 June 2007

54.

Toinette van der Merwe


55.

Francois Myburgh Naude


56.

Daniel Petrus Swanepoel


57.

Zaidah Toefy


58.

Andre Werner Oosthuisen


59.

Eldon Mornay van Boom

Pollution and waste

4 June 2007


102


Organisation

Ref.

Name


Date designated

60.

Petrus Jacobus (Jacques) Du Toit


61.

Andrea F E Thomas


62.

Johannes Marthinus Oelofse


63.

Leptieshaam Bekko


KwaZulu-Natal

64.

Khumbulani Derrick Mbatha


65.

Bonisiwe Nkosi


66.

Nelson Ntokozo Nkosi


67.

Sibongile Xolile Madiba


68.

Mlungiseleli Binda


69.

Dumisani Joseph Gwede


70.

Daniel Dennis Mkhwanazi


71.

Lembi William Mngoma

Pollution and waste

14 February 2007

72.

Timothy Adebayo Fasheun

Pollution and waste

14 February 2007

73.

Jayseelan Puckree


74.

Phillip James Siphosakhe Xulu


75.

Poovindrin Moodley


76.

Vanessa Malou


77.

Kim Van Heerden


78.

Haroon Essop Karodia


Mpumalanga

79.

Garth Batchelor


80.

Mfanufikile Cyprian Theledi

Pollution and waste

12 December 2006


103


Organisation

Ref.

Name


Date designated

81.

Gezephi Hellen Nyalunga


82.

Pamella Ntombifuthi Ntuli


83.

Nomazulu Valencia Mdhuli


84.

Musa Luhlanga


85.

Elize Moira Mnisi


86.

Toneka Nolubabalo Tanda


87.

Samuel Sky Maluleka


North West

88.

Tshepo Moremi

All brown issues

12 July 2006

89.

Percy Matlapeng

Air quality management

12 July 2006

90.

Mafu Nkosi

All brown issues

To be designated

91.

Carene Wessels

Compliance and enforcement

12 July 2006

92.

Makabanyane Desmond


To be designated

93.

Nonkomo Lungiswa


To be designated

94.

Basadi Moselakgomo

Waste management

To be designated

95.

Stephen Monyatsi

Waste management

To be designated

96.

Ernest Mulibana


To be designated

97.

Basi Diole


To be designated

Northern Cape

98.

Obopene Tokgamo Gaoraelwe


3 October 2006

99.

Lerato Mokhoatle


3 October 2006

100.

Julius Jacob Mutyorauta

Compliance and enforcement 12 October 2006

101.

Tshenelo Montshiwa


23 January 2008


104


Organisation

Ref.

Name


Date designated

102.

Albert Mabunda


Eastern Cape

103.

Gerhardus Charl Pienaar

Compliance and enforcement 15 February 2007

104.

Deon De Villiers


105.

Sizakele Gabula


106.

Jan Christian Stand Kamp


107.

Stanford Jackson Spotsi


108.

Given Thembekile Ndabambi


109.

Rob Stegman


110.

Tim de Jongh


111.

Jaap Pienaar


Free State

112.

W J Boing


113.

W P Geyer

Pollution and waste

7 February 2007

114.

A F G Schlemmer

Pollution and waste

7 February 2007

115.

C R L Louw


116.

T Mostert


117.

J J den Houting


Limpopo

118.

Phillip Matome Monyepao


119.

Victor Mafemane Mongwe


120.

Tauhlole Success Moroaswi


121.

Lucky Moja

Pollution and waste

5 December 2007

MUNICIPALITIES


105


Organisation

Ref.

Name


Date designated

West Coast District Municipality

122.

Piet Fabricius

Pollution and waste

To be designated

123.

Willman William Lucas

Pollution and waste

To be designated

124.

Emmerentia Nel

Pollution and waste

To be designated

City of Cape Town

125.

Ravi Pillay

Air quality

To be designated

126.

Dave Arnott

Air quality

To be designated

127.

Mark Hendricks

Air quality

To be designated

128.

Bethwell Mbete

Air quality

To be designated

129.

Lynelle Matthys

Air quality

To be designated

130.

David Oliver

Air quality

To be designated

131.

Gerrit Mostert

Air quality/ noise

To be designated

Cape Winelands District Municipality

132.

Jacques Van Zyl

Pollution and waste

To be designated

133.

Marius Engelbrecht

Pollution and waste

To be designated

134.

Theresa Priscilla Davids

Pollution and waste

To be designated

135.

Peter Rogers

Pollution and waste

To be designated

136.

Ocker Albertus Petrus Heyns

Pollution and waste

To be designated

3.7.3 Emission monitoring

No.

Indicator

Baseline, July 2007

Target

Date


7.3

Number of continuous stack emission monitoring reports submitted.

0

72

2011/12

61 – See Table 11 in the 2008 National Air Quality Officer‟s Report.


106

3.7.4 Compliance monitoring inspections

No.

Indicator

Baseline, July 2007

Target

Date


7.4

Number of formal compliance monitoring inspections.

0

100/ year

2011/12

The national department carried out 10 inspections. Data on provincial and municipal inspections not available at the time of writing.

The following table provides a list of the formal compliance monitoring inspections that were conducted in 2009 that included atmospheric emission compliance monitoring. Table 13: Formal compliance monitoring inspections undertaken by the national department that included atmospheric emission compliance monitoring

FORMAL COMPLIANCE MONITORING INSPECTIONS THAT INCLUDED ATMOSPHERIC EMISSION COMPLIANCE MONITORING

Ref.

Date

Company name

Sector

Other involved spheres of government

1.

13 May 2010

PPC Slurry North West (Follow-up inspection)

Cement

Department of Environmental Affairs and North West Department of Agriculture, Conservation and Environment

2.

11 May 2010

Lafarge Lichtenburg (Follow-up inspection)

Cement

Department of Environmental Affairs and North West Department of Agriculture, Conservation and Environment

3.

3-4 August 2010

Sasol Secunda (Follow-up inspection)

Refinery

Department of Environmental Affairs; Mpumalanga Department of Economic Development, Environment and Tourism; Department of Water Affairs and Forestry; Department of Health; Govan Mbeki Municipality and Gert Sibande District Municipality

4.

11-12 October 2010

Richards Bay Coal Terminal

Coal storage

Department of Environmental Affairs; KwaZulu-Natal Department of Agriculture Environmental Affairs and Rural Development; Department of Water Affairs and City of uMhlathuze

5.

19-20 October 2010

Sappi Tugela

Pulp and paper

Department of Environmental Affairs; KwaZulu-Natal Department of Agriculture Environmental Affairs and Rural Development; Department of Water Affairs

6.

16-17 November 2010

Tubatse Chrome Limpopo

Ferro

Department of Environmental Affairs; Limpopo Department of Economic


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FORMAL COMPLIANCE MONITORING INSPECTIONS THAT INCLUDED ATMOSPHERIC EMISSION COMPLIANCE MONITORING

Ref.

Date

Company name

Sector

Other involved spheres of government

Development Environment and Tourism and Greater Tubatse Local Municipality

Blue Sphere - 14/5/2010; 17/5/2010 and 9/11/2010

Bumatech - 9/11/2010

Wasteman - NW Incinerator – 5/2/2010; 6/10/2010

3.8 ENFORCEMENT

3.8.1 EMIs

No.

Indicator

Baseline, July 2007

Target

Date


8.1

Number of EMIs designated.

900

1200

2011/12

Refer to indicator 7.2 (see 0).

3.8.2 By-laws

No.

Indicator

Baseline, July 2007

Target

Date


8.2

Model air pollution control by-laws.

0

1

2007/08

Draft model by-laws for air quality management were published for public comment in Gazette No. 32394 under Notice No. 964 dated 15 July 2009. See also Table 13 in the 2008 National Air Quality Officer‟s Report.

3.8.3 Enforcement actions Although the National Framework currently has no indicator in respect to the number of enforcement actions initiated in air quality related offences, the following tables provide some information in this regard.


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Table 14: Administrative enforcement actions taken by the national department relating to atmospheric emissions or other APPA or AQA offences

ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN RELATING TO ATMOSPHERIC EMISSIONS OR OTHER APPA OR AQA OFFENCES

Ref.

Date

Company name

Sector

Alleged offence

Outcome

1.

10 April 2009

SPEC

Shot blasting of steel

Contravention of s28 and 29 APPA.

Notice of intention to issue APPA notice. Process taken over by local authority.

2.

12 May 2009

Transnet

Port

Breach of duty of care (s28 NEMA) due to dust emissions from manganese ore facility.

Representations received and a number of reasonable measures implemented. Amended pre-directive is being finalised.

3.

15 July 2009

Blue Sphere

Ferro manganese smelter

APPA 9(1)

Representations submitted and technical data to be reviewed. Decision on enforcement strategy required.

4.

14 August 2009

Mobeni Heights Crematorium

Crematoria

NEM:AQA 35(2) and APPA 9(1)

APPA Registration Certificate provided as part of representations with a detailed plan and introduction of measures to ensure that the odour issues are addressed. Proof of performance timeframe provided - 3 months thereafter matter will be revisited - March 2010.

5.

26 October 2009

Burgershoop Crematorium-Mogale City

Crematoria

NEM:AQA 35(2) and APPA 9(1)

Representations received and in process of being reviewed.

6.

15 January 2010

Alvoer

Supplementary animal feed processing

Significant offensive odours NEM: AQA 35(2) and installation of a fuel burning appliance 15(1)and 15(2) of APPA.

Notice of intent issued. Response due 15 February 2010.

7.

15 May 2009

Tongaat Huletts Starch

Starch products

Significant offensive odours. AQA 35(2)

Pre-compliance notice issued and reasonable measures implemented. Storm water dam decommissioned.


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ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN RELATING TO ATMOSPHERIC EMISSIONS OR OTHER APPA OR AQA OFFENCES

Ref.

Date

Company name

Sector

Alleged offence

Outcome

8.

15 January 2010

BMJ Tyres

Carbon black process

AQA 35(2) and APPA 9(1)/ pre- directive into serious damage to the environment (s31A ECA).

Pre-compliance notice/ pre-directive issued and representations due on 1 February 2010.

9.

28 January 2010

Bronkhorstspruit Charcoal Manufacturer

Charcoal processing

APPA 9(1)

Representations in response to pre-compliance notice received. Compliance notice drafted, operation to shut down and area to be rehabilitated.

10.

29 September 2009

Rebecca Street Crematorium-Tshwane

Crematoria

APPA 9(1)

Warning letter issued to Tshwane. All activities have ceased and application for registration certificate submitted to Air Quality for review.

11.

26 January 2010

Creative Drums

Recycling

APPA 9(1)

Pre-compliance notice signed and still to be issued.

12.

7 December 2009

York Timbers (Sabie Sawmill)

Plywood and sawmill

APPA 12(2)

Pre-directive and APPA notice issued and representations due on 29 January 2010.

Table 15: National department initiated criminal cases concluded relating to atmospheric emissions or other APPA or AQA offences

CRIMINAL CASES CONCLUDED RELATING TO ATMOSPHERIC EMISSIONS OR OTHER APPA OR AQA OFFENCES

Ref.

Date

Company name

Sector

Alleged Offence

Outcome

1.

June 2009

Bumatech (Pty) Ltd

Metallurgical slag processing

APPA 9(1) and 20(1) ECA read with 29(4)

Plea bargain agreement reached with NPA - pleaded guilty in terms of ECA and APPA (fine R20 000)


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3.9 INFORMATION MANAGEMENT

3.9.1 The SAAQIS

No.

Indicator

Baseline, July 2007

Target

Date


9.1

Ambient data report/ view generating module

0

1

2009/10

Already available on www.saaqis.org.za.

9.2

Ambient monitoring station description

0

1

2009/10


9.3

Ambient raw data import module

0

1

2011/12


9.4

Ambient data validation module

0

1

2011/12

Basic QC checks on incoming data already performed. Full data validation service possibly to be provided by the SAAQIS support centre at SAWS (later phase).

9.5

Ambient data assessment

0

1

2011/12


9.6

Ambient data export module

0

1

2011/12

This module to be developed as a component of SAAQIS Phase II.

9.7

Locally developed emission inventories

0

1

2009/10

This module to be developed as a component of SAAQIS Phase II.

9.8

Greenhouse Gas Inventory

0

1

2009/10

The Draft National Greenhouse Gas (GHG) Inventory (base year 2000) was published for public comment in Gazette No. 32490 under Notice No. 1104 dated 12 August 2009. Further development of the GHG monitoring and reporting systems will be included in the SAAQIS Phase II, to be initiated in 2010.

9.9

Emission data reporting module

0

1

2015/16

To be developed as a component of SAAQIS Phase II to be initiated in 2010.

9.10

Emission data report/ view generating module

0

1

2015/16

To be developed as a component of the SAAQIS Phase II, to be initiated in 2010.

9.11

Emission monitoring archive

0

1

2015/16


9.12

Emission data import

0

1

2016/17

To be developed as a component of the


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No.

Indicator

Baseline, July 2007

Target

Date


module SAAQIS Phase II, to be initiated in 2010.

9.13

Emission data assessment module

0

1

2016/17


9.14

Emission data export module

0

1

2016/17


9.15

Database of Listed Activities

0

1

2008/9

Completed as part of the APPA Review project

9.16

All current policy and legislation available

0

1

2007/8

Currently available, and updated continuously – see www.saaqis.org.za

9.17

Air quality scientific literature resource library

0

1

2009/10

Currently available, but requires update - see www.saaqis.org.za.

9.18

Norms and standards for air quality information management

0

1

2009/10

To be developed as a component of the SAAQIS Phase II.

9.19

All current available AQMPs

0

1

2009/10

To be developed as a component of the SAAQIS Phase II.

9.20

Support centre/ help desk

0

1

2009/10

This module available by end 2010.

9.21

Guidelines documents

0

1

2009/10

To be made available on the SAAQIS as these documents are finalised through various projects of the Chief Directorate: Air Quality Management.

9.22

AQ media archive

0

1

2016/17

To be developed as a component of the SAAQIS Phase IV.

9.23

Interactive training module

0

1

2016/17


9.24

Key stakeholder database

0

1

2016/17


The SAAQIS Phase I development project was completed in September 2009. The SAAQIS website has been operational since July 2007 and has experienced a steady increase in activity during the course of the project.


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3.10 CLIMATE CHANGE RESPONSE

3.10.1 Long-term mitigation scenarios (LTMS)

No.

Indicator

Baseline, July 2007

Target

Date


10.1

Long-term mitigation scenario process finalised.

0

1

2008/9

LTMS finalised at the July 2008 Cabinet Lekgotla.

3.10.2 National Climate Change Response Policy

No.

Indicator

Baseline, July 2007

Target

Date


10.2

Climate change policy development process initiated.

0

1

2007/8

The National Climate Change Response Policy development process was initiated at the 2009 Climate Change Summit held at the Gallagher Convention Centre in Midrand from 3-6 March 2009.

3.10.3 Sectoral mitigation and/ or adaptation plans

No.

Indicator

Baseline, July 2007

Target

Date


10.3

Sectoral Climate Change mitigation and/ or adaptation plans in place.

0

1

2009/10

Sectoral climate change mitigation and/or adaptation plans will be developed as part of the policy development process described above.

3.10.4 National communication

No.

Indicator

Baseline, July 2007

Target

Date


10.4

National communication under the UNFCCC.

0

1

2008/9

The DEAT has entered into an agreement with the South African National Biodiversity Institute (SANBI) for the compilation of the 2nd National Communication and SANBI circulated the initial draft of the 2nd National Communication for government comment in November 2009.


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3.11 INTERGOVERNMENTAL COORDINATION AND COOPERATION

3.11.1 Annual Air Quality Governance Lekgotla

No.

Indicator

Baseline, July 2007

Target

Date


11.1

Participation in the Annual Air Quality Governance Lekgotla.

120

150

Annual

The Annual Air Quality Governance Lekgotla has been hosted successfully for the past four years with a large increase in participation of officials from all three spheres of government. Participation has continued to grow from 120 in 2007, to 147 in 2008, to 251 in 2009. Although there was a slight drop in attendance to 215 in 2010, air quality officials are still enthusiastic to participate and present their experiences, challenges and lessons learned.

The 2010 Air Quality Governance Lekgotla was held on 11-12 October 2010 at Protea Hotel, The Ranch in Polokwane, under the theme “Teasing out the teething problems”. On 1 April 2010, the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1995) (APPA) was repealed and the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (AQA) came into full effect and thus marked a milestone in air quality management in South Africa. Since then, the licensing functions for emissions became the responsibility of the provinces, metropolitans and district municipalities. Hence, the focus of the 2010 Air Quality Governance Lekgotla was on the new Licensing Authorities, specifically on their experiences, achievements and challenges and provided the necessary guidance in identifying the best ways to support the Licensing Authorities in implementing their functions. The objective of the Annual Air quality Governance Lekgotla was –“ All government air quality managers, through their knowledge of what can and should be done gained during the Lekgotla, are inspired to build, strengthen and/ or fine-tune their emission licensing capacity with a view to ensuring the efficient and effective delivery of AEL services”. The two days of the lekgotla were used as a platform for the licensing authorities to share their experiences by presenting their case studies. The following presentations were made -

Presidency Outcome 10 (Presidency, Judy Beaumont)

The 2010 State of Air Report and introduction to the proposed method of measuring and reporting overall trends in SA (DEA, Tsietsi Mahema)

Licensing challenges - Small scale production or casting of aluminium three-legged pots (Limpopo Province, Tshepo Maselela)

Atmospheric Emission Licensing experience (North West Province, Percy Matlapeng)

Atmospheric Emission Licensing in the Western Cape (Western Cape Province, Kamaseelan Chetty)

Implementing the AEL function within Nelson Mandela Bay Municipality (Nelson Mandela Bay Municipality, Joannie Black)

Stack monitoring - A licensing authority perspective (City of Johannesburg, Vumile Senene)

Emission licence management - Description of structures, systems, skills and interrelationships (Gert Sibande District Municipality, Dan Hlanyane)

Implementing the Atmospheric Emission Licensing in the City of Tshwane (City of Tshwane, Elizabeth Moatse)


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Implementing the Atmospheric Emission Licensing system (Capricon District Municipality, Modjadji Rangwato)

City of Cape Town Atmospheric Emission Licensing: Challenges and experiences (City of Cape Town, Ian Gildenhuys)

“Follow the Smoke Campaign” in the City of Tshwane (City of Tshwane, Juan Mostert)

AEL and EIA relationship (DEA, Liz McCourt)

Training and designation of municipal EMI‟s (DEA, Mark Jardine)

Air quality management training opportunities (NACA, Hanlie Liebenberg-Enslin)

DEA/ NACA MoU (DEA, Peter Lukey) The event was closed with the renewal of the MoU between the DEA and NACA (see below). The renewal of the MoU between the DEA and NACA In December 2005, the DEA‟s Director-General approved the establishment of the National-provincial Air Quality Officer‟s Forum (essentially an air quality focussed session of MINTECH Working Group II), the Provincial-municipal Air Quality Officer‟s Forums and the Annual Air Quality Management Governance Conference (Lekgotla). In so doing, the Director-General instructed the National Air Quality Officer to liaise with provincial and municipal air quality officers to set up the necessary inter-governmental coordination and cooperation structures. In responding to this approval, a further Director-General approval was gained in June 2006 to host the Air Quality Governance Lekgotla back to back with the Annual National Association for Clean Air Conference and, with this, the initiation of a process to develop a longer term agreement with NACA for the organising of future events. The first Annual Air Quality Governance Lekgotla was held in East London from 16-17 October 2006. The Lekgotla was then followed by a multi-stakeholder workshop at the same venue focused on the development of the National Framework on 18 October 2006. This, in turn was followed by NACA‟s technical conference from 19-20 October 2006. The event was opened by the Minister and was regarded as being highly successful. Holding the Lekgotla back to back with the Annual NACA Conference was seen to provide a number of advantages, including -

Government officials involved in air quality management only needed to make one trip to participate in two events of critical importance to them, namely a practical AQA implementation event (i.e. the Lekgotla) and a best practice technical event (i.e. the NACA Conference).

The technical aspects of air quality governance were able to be aired at an event where the country‟s top experts were available for input into discussions and debates.

Government officials involved in air quality management were given an opportunity to interact and network with the country‟s top air quality management experts.

NACA‟s twenty years of conference organisation experience added to the success of the new governance component.

Given the success of the first joint DEA-NACA air quality event, an „Agreement‟ in respect of future events was signed in 2007 and since then all annual air quality governance conferences have been organised and hosted in terms of this agreement. However, the agreement in respect of this highly successful partnership with NACA around the organising of the Lekgotla was scheduled to lapse at the end of 2010. Wishing to continue the successful DEA-NACA partnership, a process of reviewing the „Agreement‟ was initiated in early 2010 and, among others; the review identified various new opportunities for the DEA-NACA relationship


115

that went beyond NACA acting as a de facto conference organiser for the department. Thus, the new „Agreement‟ signed during the closing of the 2010 Lekgotla contains a number of new and exciting opportunities as described below. Firstly, from now on, the joint annual event will be known as the “Annual National Air Quality Week”. The Annual National Air Quality Week comprises a calendar week of events that include -

The Annual Air Quality Governance Lekgotla hosted by the DEA.

The Annual National Association for Clean Air Conference hosted by NACA.

As well as associated workshops, side events, exhibitions and related activities. Under the new „Agreement‟, the DEA and NACA will develop an annual business plan for joint activities that may cover -

The successful joint hosting of the Annual National Air Quality Conference.

The provision of support to deserving officials in respect of their participation in the full Annual National Air Quality Week.

The development and publication of agreed outreach, information and education materials.

The provision of bursaries to deserving officials in respect of approved training courses.

The successful joint hosting of specialist air quality events, including workshops, seminars, think-tanks, etc.

Facilitating the participation of international experts in the Annual National Air Quality Week and/ or specialist air quality events.

The design and implementation of joint research activities aimed at improving air quality management systems, protocols and procedures.

The development and implementation of joint public awareness campaigns.

3.11.2 Provincial-municipal Air Quality Officer‟s Forums

No.

Indicator

Baseline, July 2007

Target

Date


11.2

Number of operational Provincial-municipal Air Quality Officer‟s Forums.

3

9

2010/11

Provincial-municipal Air Quality Officer‟s Forums are fully operational in the Eastern Cape, Gauteng, KwaZulu-Natal, Mpumalanga, North West, Northern Cape, Western Cape, i.e. in seven provinces.

4. NEW AND EMERGING PRIORITY AIR QUALITY ISSUES

4.1 OFFENSIVE ODOURS EMANATING FROM FISHMEAL PRODUCTION Since last year‟s report, the DEA appointed INFOTOX Pty Ltd to conduct a human health risk assessment in response to allegations about adverse health effects associated with emissions from fish processing plants by the community of St. Helena Bay. INFOTOX undertook to conduct certain measurements of gases in four fish processing plants, namely Hannasbaai Fishing, West Point Processors, Oranjevis and Oceana. Although the sea fishery industry is perhaps better known for causing odour impacts, the focus of the assignment was on the assessment of potential health impacts. The assessment included those compounds known to be emitted by the fish industry that are also known to be toxic at certain concentration levels, namely hydrogen sulphide, trimethylamine and formaldehyde.


116

INFOTOX appointed C&M Consulting Engineers to conduct duct and stack air flow and temperature measurements to quantify release rates of gases from identified sources. INFOTOX also appointed Airshed Planning Professionals (Pty) Ltd to conduct air dispersion modelling of releases of substances from the processing plants to quantify exposure concentrations at locations where members of the community could be exposed to contaminants in ambient air that might be associated with the fish processing industries. The modelled scenarios represented a range of processing conditions that were constructed to obtain estimates of typical and upper release limits of the gases that were investigated. The initial draft findings of the human health risk assessment were submitted to the DEA in January 2011 as a report in 5 parts, namely: Part 1: Quantitative Human Health Risk Assessment; Part 2: Reviews of Toxicology and Epidemiology of the Substances of Potential Concern; Part 3: Methodologies and Field Sampling Report; Part 4: Gas Flow Measurements Report prepared by C&M Consulting Engineers (2010); and Part 5: Atmospheric Dispersion Modelling Report prepared by Airshed Planning Professionals (Pty) Ltd (Burger and Krause, 2010). This report will be discussed with the Fish-Meal Intergovernmental Task Team (FMIGTT), the affected industries and the affected community in early 2011 with a view to formulating an appropriate response.

4.2 MERCURY The DEA is participating in the development of a global legally binding instrument on mercury. The first Intergovernmental Negotiating Committee (INC) meeting was held in Stockholm, Sweden from 7-11 June 2010. This INC intends to conclude the negotiations by 2013. In line with this international development, South Africa has already identified mercury as a national pollutant of concern in the 2007 National Framework. The DEA is working in partnership with the United Nations Environment Programme (UNEP) to gain a better understanding of South Africa‟s mercury emission inventory. UNEP has provided funding to undertake mercury emission measurements at two Eskom power stations and the DEA is in discussions regarding a possible demonstration project that will seek to reduce mercury emissions from coal-fired power generation.

5. RECOMMENDATIONS FOR THE IMPROVEMENT OF AIR QUALITY MANAGEMENT IN SOUTH AFRICA

See 2.5.

6. RECOMMENDATIONS FOR THE DEVELOPMENT OF NEW INDICATORS AND THE AMENDMENT OF EXISTING INDICATORS

In the 2008 National Air Quality Officer‟s Report, new indicators in respect of “Compliance monitoring” and “Inter-governmental coordination and cooperation” were proposed. Having received no objection to this proposal, these indicators have been included in this report (see 3.7.4 and 3.11 respectively).

6.1 THE NATIONAL AIR QUALITY INDICATOR Since the partial entry into effect of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (AQA) on 11 September 2005, the National Air Quality Officer (NAQO) has attempted to establish whether South Africa‟s ambient air quality is getting better or worse as the answer to this question is the ultimate measure of the efficacy of the AQA and its implementation. In response, although the NAQO has been given numerous graphs, tables of data, reports showing improving quality in some areas, declining quality in others, improving quality with respect to one pollutant, but declining quality in respect of others in the same area, the NAQO has not been provided with a definitive answer to the question - is South Africa‟s ambient air quality getting better or worse?


117

This is not surprising as without some sort of accepted methodology for establishing whether South Africa‟s ambient air quality is getting better or worse, anecdotal and inconclusive evidence is all that is available. Furthermore, there appears to be few, if any, international examples of an accepted methodology for establishing whether a country‟s ambient air quality is getting better or worse. This is probably due to the practical fact that the methodology, whether scientifically defensible or not, for establishing the air quality of an entire country is likely to include many highly subjective variables. Thus, the question of whether our air is getting better or worse is probably a question akin to, “How long is a piece of string?” Notwithstanding this challenge, the National Air Quality Office staff members have attempted to satisfy the NAQO‟s continuous requests, by developing a simple indicator. This proposed National Air Quality Indicator was presented at the 2009 Annual Air Quality Governance Lekgotla where it was received with a certain amount of enthusiasm. With this, it is hoped that a prototype “National Air Quality Indicator” will be ready for discussion at the 2010 Annual Air Quality Governance Lekgotla.

7. THE WAY FORWARD FOR 2010 When the AQA took effect on 11 September 2005, various sections relating to the regulation of industrial atmospheric emissions were excluded in order for the new Licensing Authorities to build the necessary capacity to undertake this function. Hence, the old APPA has remained in effect to ensure that industrial atmospheric emissions continued to be regulated by the national department. However, in terms of the 2007 National Framework for Air Quality Management in the Republic of South Africa published in terms of S.7 of the AQA, the APPA will be repealed and the AQA brought into full effect in the 2009/10 financial year. Although the national department has set various target dates for this APPA-AQA transition, there have been various requests for legislative certainty around the date that the APPA-AQA transition will take place. To this end, the national department believes that the issue of a Notice to this effect will provide the necessary regulatory certainty and fix the date for the publication of any required lists, norms, standards and regulation required to ensure a smooth and seamless APPA-AQA transition. In this regard, 1 April 2010 has been proposed as the final APPA-AQA transition date and, as such, the focus of all Air Quality Officers in 2010 will be the implementation of the AQA Atmospheric Emission Licensing regime by the new Licensing Authorities.


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ACRONYMS ACSA Airports Company South Africa

AFRs Alternative Fuel Resources

AUC Atmospheric User Charge

BUSA Business Unity South Africa

CAPCO Chief Air Pollution Control Officer

CEF Central Energy Fund

CSIR Council for Scientific and Industrial Research

DANIDA Danish International Development Agency

FMIGTT Fish-Meal Intergovernmental Task Team

HPCSA Health Professions Council of South Africa

IAIA International Association for Impact Assessment

INC Intergovernmental Negotiating Committee

IP Intellectual Property

IPWIS Integrated Pollution and Information System

LFA Logical Framework Approach

MFMA Municipal Finance Management Act

NAAQMN National Ambient Air Quality Monitoring Network

NACA National Association for Clean Air

NNR National Nuclear Regulator

SAAQIS South African Air Quality Information System

SAIEH South African Institute of Environmental Health

SALGA South African Local Government Association

SANAS South African National Accreditation System

SANBI National Biodiversity Institute

SAWS South African Weather Service

SEMA Specific Environmental Management Act

SOP Standard Operating Procedure

TSP Total Suspended Particulates

UNEP United Nations Environment Programme

UNFCCC United Nations Framework Convention on Climate Change

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