S21 NoticeS21 Notice

Submission by CAIASubmission by CAIA

OutlineOutline National Air Quality Management FrameworkNational Air Quality Management Framework

Current status of NoticeCurrent status of Notice

Combustion installationsCombustion installations

ChemicalsChemicals

WasteWaste

Conclusions and Way forwardConclusions and Way forward

National Air Quality National Air Quality Management FrameworkManagement Framework

• Standard setting factors to be consideredStandard setting factors to be considered√√ XX Health, safety and environmental objectives Health, safety and environmental objectives√√ Analytical methodologyAnalytical methodologyXX Technical feasibilityTechnical feasibilityX X Monitoring capabilityMonitoring capabilityX X Socio economic consequencesSocio economic consequences

National Air Quality National Air Quality Management Framework (2)Management Framework (2)• Listed activitiesListed activities

XX Informed by cost benefit analysisInformed by cost benefit analysisXX Approach to ensure no unjustified economic Approach to ensure no unjustified economic

impactsimpactsX√X√ BPEO based on BATBPEO based on BATX √ X √ Used for point sources i.e. stacks and ventsUsed for point sources i.e. stacks and vents

National Air Quality National Air Quality Management Framework (3)Management Framework (3)• Compliance timeframesCompliance timeframes

XX Informed by industry cyclesInformed by industry cyclesXX Minimum timeframes ; more restricted Minimum timeframes ; more restricted by by licenselicense√ √ Possible extensionsPossible extensions√√ Atmospheric impact reportAtmospheric impact report

Status of current noticeStatus of current notice• List intended to target activities where List intended to target activities where

economic benefits of regulation outweigh cost economic benefits of regulation outweigh cost of regulation (largely derived from APPA)of regulation (largely derived from APPA)

• Intention to address errors in 2010 Notice Intention to address errors in 2010 Notice • Revised version published for comment in Revised version published for comment in

2012 for comment over December2012 for comment over December• Extension granted to 23 January 2013Extension granted to 23 January 2013• New activities and requirementsNew activities and requirements

Included resulted in significant challengesIncluded resulted in significant challenges

Status of current notice (2)Status of current notice (2)• Compliance timeframesCompliance timeframes

– No recognition given for the fact that errors in No recognition given for the fact that errors in 2010 notice prevented upgrade or that new 2010 notice prevented upgrade or that new requirements have been addedrequirements have been added

– Extent of re-engineering required not possible in Extent of re-engineering required not possible in less than 2 yearsless than 2 years

– Legal certainty essential for planningLegal certainty essential for planning– Multiple postponements do not provide certaintyMultiple postponements do not provide certainty– New requirements in this notice New requirements in this notice

NOx emissions/productionNOx emissions/production

Combustion installationsCombustion installations• Waste as a fuel was not excluded in 2010Waste as a fuel was not excluded in 2010• Consequences of exclusion were not discussedConsequences of exclusion were not discussed• Internationally waste of known composition used Internationally waste of known composition used

as fuel on same site is treated differently from as fuel on same site is treated differently from when incinerated by service provider along with when incinerated by service provider along with other waste of unknown originother waste of unknown origin

• Current practice should be permitted to continue Current practice should be permitted to continue until technical and economic feasibility has been until technical and economic feasibility has been assessedassessed

• Waste regulations prohibit landfill disposal of Waste regulations prohibit landfill disposal of waste that can be used as fuelwaste that can be used as fuel

ChemicalsChemicals10 MARCH 2010 23 NOVEMBER 2012  COMMENT

Organic chemicals industry

   

Description   Minor changes to wording

Limits    Total volatile organic compounds (non thermal) mg/Nm3: 40

Total volatile organic compounds (non thermal) mg/Nm3: 40 000

The March 2010 limit was a typing error. It should have been 40g / Nm3. The Department was informed of this error in 2010 and they agreed that it was in fact a mistake.NAQF proposes alternative approach to controlling emissions from bulk storage

Inorganic chemical industry

   

Production and use in manufacturing of ammonia, fluorine and chlorine gas

Production and use in manufacturing of ammonia, fluorine and chlorine gas, hydrogen cyanide

New process added with limits. Not opposed except for storage

Chemicals (2)Chemicals (2)10 MARCH 2010 23 NOVEMBER 2012  

Inorganic

  Storage tanks New activity on storage tanks added. Extension beyond chemical industry

Primary production of acids in concentrations exceeding 10%

Production, bulk handling and or use of acids in concentrations exceeding 10%

New activities added which extend beyond chemical industry by the removal of “primary” and inclusion of “use”

Limits: Hydrogen fluoride new and existing

Limit for new plant omitted Assumed to be an error

Production of phosphorus and phosphate salts

Production or use of phosphorus and phosphate salts

New activity on use added

Chemicals (3)Chemicals (3)10 MARCH 2010 23 NOVEMBER 2012  

Inorganic

  Production of caustic soda New activity added. Caustic soda is made as part of the chlorine production process. No separate process possible.

Burning groundsBurning grounds

• New activity: consequences not discussedNew activity: consequences not discussed• Very specialised activity to achieve Very specialised activity to achieve

compliance with Explosives Actcompliance with Explosives Act• Should not be regulated in a manner Should not be regulated in a manner

conflicting with Explosives Actconflicting with Explosives Act• Should be removed until requirements of Should be removed until requirements of

NAQF are complied with.NAQF are complied with.

ConclusionsConclusions

NAQF not complied with:NAQF not complied with:•Cost benefit analysis of listing not doneCost benefit analysis of listing not done•Best available technology not always Best available technology not always recognisedrecognised•Technical feasibility not doneTechnical feasibility not done•Socio economic consequences not determineSocio economic consequences not determinedd

Way forwardWay forward

• All new activities to be removed until All new activities to be removed until requirements of NAQF have been metrequirements of NAQF have been met

• Compliance timeframes to be reviewedCompliance timeframes to be reviewed• Finalisation of Notice to be done in Finalisation of Notice to be done in

compliance with technical process in NAQFcompliance with technical process in NAQF