1. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Green Gain Consulting (Pty) Ltd Air Quality Legislation Workshop Thursday, 18 November 2004 Birchwood Conference Centre

2. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Legal Framework of the National Environmental Management: Air Quality Bill

3. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Purpose of the Bill To improve Air Quality Standards In South Africa. To Protect the environment through reasonable measures. To enhance sustainable development while still aiding economic and social development in South Africa. To Provide National Norms and standards for air quality monitoring and management by all spheres of government.

4. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Important Aspects of the new Act Air Quality standards are set for different areas. Certain activities require authorisation before commencement Organisations using certain processes or conducting activities have to register as controlled emitters Metropolitan and district local authorities will be the authorising and managing entities

5. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Important Aspects of the new Act(cont) Possible problems are foreseen with capacity in these levels of authority to adequately manage the often highly scientific field of air quality management.

6. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. The Approach Shift from receiving environment approach ( Air Quality Objectives ) Decentralisation ( Shift responsibilities to provincial and local government) Baseline air quality characterisation ( identify priority area, pollutants, sources) All sources are to be addressed Range of emission reduction measures ( command an control, market incentives and disincentives, voluntary reductions, etc)

7. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. The Approach (cont) Standardisation (Monitoring, information management, reporting) Public participation and access to information

8. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Framework of the Bill NATIONAL FRAMEWORK AND NATIONAL, PROVINCIAL AND LOCAL STANDARDS INSTITUTIONAL AND PLANNING MATTERS AIR QUALITY MANAGEMENT MEASURES LICENSING OF LISTED ACTIVITIES INTERNATIONAL AIR QUALITY MANAGEMENT OFFENCES AND PENALTIES GENERAL MATTERS

9. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. National Framework and National, Provincial and Local standards National Framework to achieve Acts’ objectives (set within two years) Compliance with ambient AQ standards Compliance with SA’s international obligations National norms and standards for:  Emission control from point and non point sources  Air quality monitoring (provincial and local authorities)  Air quality information management  Air quality management planning

10. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. National, Provincial and Local ambient air quality and emissions standards National standards set by Minister Must identify substances to be regulated Must set ambient standards May set standards for point, non point and mobile sources Provincial standards set by MEC May identify substances to be regulated May set ambient standards May set standards for point, non point and mobile sources May only set own standards equal or stricter than national standards.

11. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. National, Provincial and Local ambient air quality and emissions standards Local Standards set in by-laws May identify substances to be regulated May set ambient standards May set standards for point, non point and mobile sources May only set own standards equal or stricter than national and provincial standards.

12. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Planning and Institutional Matters Appointment of air quality officers (compulsory appointment of National, provisional and local levels) Air Quality Management plans National departments and provinces include AQM plan into Environmental Management Plan (EMP) Municipality include AQM plan into integrated development Plan (IDP)

13. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 1: Priority Areas 1. Declaration of Priority Areas The minister or MEC may declare an area a priority area if:  Area has air quality problems  Contributes to air pollution in another country  Province requests it  Trans-provincial air pollution occurs This can be withdrawn if after two years improvement is shown!

14. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures 2.Management of Priority Areas  Air Quality Officer for area must:  prepare a “priority area air quality management plan”  Regulations may be prescribed for implementing and enforcing approved priority area air quality management plans.

15. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 2: Listing of Activities The Minister must, or the MEC may: publish a list of activities which result in atmospheric emissions Until it is published, the second schedule of APPA, containing the list of scheduled processes remain. No person may without a Provisional Atmospheric Emission license or an Atmospheric Emission license conduct a listed activity

16. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 3: Controlled Emitters Appliances or activities, may be declared as a controlled emitter if they result in atmospheric pollution, deposition and a threat to the environment or health. Emission standards must be set for controlled emitters. All appliances or activities that are controlled emitters need to comply with the standards.

17. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 4: Controlled Fuels Certain substances may be declared as a controlled fuel if they result in atmospheric pollution, deposition and a threat to the environment or health. Standards for controlled fuels may be established. Manufacture, sale and use of controlled fuels must comply with any standards set.

18. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 5: Other Measures Certain substance may be declared priority air pollutants that require Pollution Prevention Plans. An air quality officer may require an Atmospheric Impact Report if: (a) suspects a contravention of this Act or any conditions of a license. (b) Licenses are reviewed.

19. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Air Quality Management Measures Part 6: Measures in respect of Dust, Noise and Offensive odors The Minister or MEC may prescribe measures: Dust control measures for the control of dust Mine closure National noise levels for machinery, activities, places Offensive odors.

20. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Licensing of Listed Activities Obtain an emission license before performing activity from District and Metropolitan Municipalities by following the prescribed procedure (EIA needed). A provisional license will be issued first. If the conditions of the provisional license are met for a period of at least six months an atmospheric emission license may be granted. A provisional atmospheric license and atmospheric license must comply with the content requirement as per section 43.

21. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Licensing of Listed Activities Transitional arrangements for holders of registration certificates provided for. The holder of a license may be required to appoint an emission control officer to contribute to cleaner production. People applying for an atmospheric emissions license will be screened for previous contraventions of the Act.

22. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. International Air Quality Management International Air monitoring will be active and the minister may put control measures in place to reduce emissions from the Republic.

23. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Offences and Penalties Any person committing a contravention of this act will be fined and/or may be sentenced to imprisonment.

24. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Regulations The minister may make regulations to this Act regarding issues such as open fires, noise odours, monitoring and ozone depleting factors etc, All regulations made must follow a consultative process as well as public participation.

25. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. Ambient Standards Until ambient air quality standards have been established in terms of section 9, 10 or 11, the ambient air quality standards contained in Schedule 2 apply.

26. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. National Environmental Management: Air Quality Act, 2004 takes effect on a date determined by the Minister by notice in the Gazette. Different dates may be determined in terms of subsection (1) for different provisions of the Act.

27. Copyright © February 2003 Green Gain Consulting (Pty) Ltd. All rights reserved. END OF PRESENTATION