Applicability of the Notice
| (1) |
Minimum emission standards as contained in this Notice shall apply to both permanently operated plants and for experimental (pilot) plants with a design capacity equivalent to the one of a listed activity. |
| (2) |
Minimum emission standards are applicable under normal operating conditions. |
| (3) |
Should normal start-up, maintenance, upset and shut-down conditions exceed a period of 48 hours, Section 30 of the National Environmental Management, 1998 (Act No. 107 of 1998), shall apply unless otherwise specified by the Licensing Authority. |
Averaging Period
| (4) |
Unless where otherwise specified, minimum emission standards are expressed on a daily average basis, under normal conditions of 273 K, 101.3 kPa, specific oxygen percentage and dry gas. |
Emission measurement
| (5) |
The manner in which measurements of minimum emissions standards, as required by Section 21(3)(a)(ii) of this Act, shall be carried out must be in accordance with the standard sampling and analysis methods listed in Annexure A of this Notice. |
| (6) |
Methods other than those contained in Annexure A may be used with the written consent of the National Air Quality Officer. |
| (7) |
In seeking the written consent referred to in paragraph (6), an applicant must provide the National Air Quality Officer with any information that supportsthe equivalence of the method other than that contained in Annexure A to a method contained in Annexure A. |
Compliance time frames
| (8) |
New plant must comply with the new plant minimum emission standards as contained in Part 3 from 01 April 2010. |
| (9) |
Existing plant must comply with minimum emission standards for existing plant as contained in Part 3 by 01 April 2015, unless where specified. |
| (10) |
Existing plant must comply with minimum emission standards for new plant as contained in Part 3 by 01 April 2020, unless where specified. |
Postponement or Suspension of compliance time frames
[Part 2 : General (Heading) substituted by section 2 of Notice No. 1207, GG42013, dated 31 October 2018]
| (11) |
As contemplated in paragraph 5.4.3.5 of the National Framework for Air Quality Management in the Republic of South Africa, published in terms of Section 7 of this Act, an application may be made to the National Air Quality Officer for the postponement of the compliance time frames in paragraphs (9) and (10) for an existing plant. |
[Part 2 : General (11) substituted by section 2 of Notice No. 1207, GG42013, dated 31 October 2018]
| (11A) |
An existing plant may apply to the National Air Quality Officer for a once-off postponement with the compliance timeframes for minimum emission standards for new plant as contemplated in paragraph (10). A once-off postponement with the compliance timeframes for minimum emission standards for new plant may not exceed a period of five years from the date of issue. No once-off postponement with the compliance timeframes with minimum emission standards for new plant will be valid beyond 31 March 2025. |
| (11B) |
An existing plant to be decommissioned by 31 March 2030 may apply to the National Air Quality Officer before 31 March 2019 for a once-off suspension of compliance timeframes with minimum emission standards for new plant. Such an application must be accompanied by a detailed decommissioning schedule. No such application shall be accepted by the National Air Quality Officer after 31 March 2019. |
| (11C) |
An existing plant that has been granted a once-off suspension of the compliance timeframes as contemplated in paragraph (11B) must comply with minimum emission standards for existing plant from the date of granting of the application and during the period of suspension until decommissioning. |
| (11D) |
No postponement of compliance timeframes or a suspension of compliance timeframes shall be granted for compliance with minimum emission standards for existing plant. |
[Part 2 : General (11A)(11B)(11C)(11D) inserted by section 3 of Notice No. 1207, GG42013, dated 31 October 2018]
| (12) |
The application contemplated in paragraph (11A) and (11B) must include— |
| (a) |
An air pollution impact assessment compiled in accordance with the regulations prescribing the format of an Atmospheric Impact Report (as contemplated in Section 30 of the Act), by a person registered as a professional engineer or as a professional natural scientist in the appropriate category; |
| (b) |
a detailed justification and reasons for the application; and |
| (c) |
a concluded public participation process undertaken as specified in the National Environmental Management Act and the Environmental Impact Assessment Regulations made under section 24(5) the aforementioned Act. |
[Part 2 : General (12) substituted by section 3 of Notice No. 1207, GG42013, dated 31 October 2018]
| (a) |
An existing plant may submit an application regarding a new plant standard to the National Air Quality Officer for consideration if the plant is in compliance with other emission standards but cannot comply with a particular pollutant or pollutants. |
| (b) |
An application must demonstrate a previous reduction in emissions of the said pollutant or pollutants, measures and direct investments implemented towards compliance with the relevant new standards. |
| (c) |
The National Air Quality Officer, after consultation with the Licensing Authority, may grant an alternative emission limit or emission load if: |
| (i) |
there is material compliance with the national ambient air quality standards in the area for pollutant or pollutants applied for; or |
| (ii) |
the Atmospheric Impact Report does not show a material increased health risk where there is no ambient air quality standard. |
[Part 2 : General (12A) inserted by section 4 of Notice No. 1207, GG42013, dated 31 October 2018]
| (13) |
The National Air Quality Officer, with the concurrence of the Licensing Authority as contemplated in Section 36 of this Act, may in respect of an application for a once-off postponement with compliance timeframes with minimum emission standards for new plant as contemplated in paragraph (11A), or a once-off suspension of compliance timeframes with minimum emission standards for new plant as contemplated in paragraph (11B). |
| (a) |
grant the application with or without conditions; or |
| (b) |
refuse the application with written reasons. |
[Part 2 : General (13) substituted by section 5 of Notice No. 1207, GG42013, dated 31 October 2018]
| (14) |
The National Air Quality Officer, with the concurrence of the Licensing Authority, may - |
| (a) |
from time to time review any postponement granted in terms of paragraph (13) should ambient air quality conditions in the affected area of the plant not conform to ambient air quality standards; and |
| (b) |
on good grounds, withdraw any postponement following— |
| (i) |
representations from the affected plant; and |
| (ii) |
representations from the affected communities. |
Compliance monitoring
| (15) |
Where continuous emission monitoring is required for a listed activity - |
| (a) |
the averaging period for the purposes of compliance monitoring shall be expressed on a daily average basis or as prescribed in the Atmospheric Emission License. |
| (b) |
the emission monitoring system must be maintained to yield a minimum of 80% valid hourly average values during the reporting period. |
| (c) |
the emission monitoring system must be maintained and calibrated as per the original equipment manufacturers' specifications. |
| (d) |
continuous emission monitoring systems must be audited by a SANAS accredited laboratory at least once every two (2) years. |
| (16) |
Where periodic emission monitoring is required for a listed activity— |
| (a) |
the averaging period for the purposes of compliance monitoring shall be expressed on a hourly average basis or as prescribed in the Atmospheric Emission License. |
| (b) |
emission measurement will be conducted in accordance with paragraphs (5); (6); and (7) of this notice. |
| (c) |
measurements shall take place on, at least, an annual basis unless otherwise prescribed in the Atmospheric Emission License. |
| (d) |
sampling will take place under normal operating conditions using the permitted feed-stock or raw material. |
| (e) |
all tests will be conducted by SANAS accredited laboratories or laboratories accredited by similar foreign authorities . |
Reporting Requirements
| (17) |
Notwithstanding the compliance time frames established in terms of paragraphs (8); (9); and (10), the Atmospheric Emission License holder shall submit an emission report in the form specified by the National Air Quality Officer to the Licensing Authority— |
| (a) |
within one (1) year of the date of publication of this Notice; and |
| (b) |
annually thereafter unless otherwise prescribed in the Atmospheric Emission License. |
| (18) |
The report contemplated in paragraph (17) shall include— |
| (a) |
The name, description and license reference number of the plant as reflected in the Atmospheric Emission License. |
| (b) |
Where periodic emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include— |
| (i) |
the name and address of the accredited measurement service-provider that carried out or verified the emission test, including the test report produced by the accredited measurement service-provider; |
| (ii) |
the date and time on which the emission test was carried out; |
| (iii) |
a declaration by the Atmospheric Emission License holder to the effect that normal operating conditions were maintained during the emission tests; |
| (iv) |
the total volumetric flow of gas, expressed in normal cubic meters (Nm3) per unit time and mass flow (kg per unit time) being emitted by the listed activity or activities measured during the emission test, as the average of at least three (3) measurements; |
| (v) |
the concentration or mass of pollutant for which emissions standards have been set in this Notice emitted by listed activity or activities as the average of at least three (3) measurements; each measured over a minimum sample period of 60 minutes and a maximum of 8 hours to obtain a representative sample, and |
| (vi) |
the method or combination of methods used for determining the flow rate and concentration as contemplated in paragraphs (5); (6); and (7). |
| (c) |
Where continuous emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include— |
| (i) |
results of the spot measurements or correlation tests carried out to verify the accuracy of the continuous emission measurements; |
| (ii) |
the most recent correlation tests; and |
| (iii) |
the availability of the system as contemplated in (15)(b) in terms of the number of full hours per annum that valid results were obtained. |
| (d) |
Following the compliance time frames established in terms of paragraphs (8); (9); and (10), an explanation of all instances where minimum emission standards were exceeded and remediation measures and associated implementation plans aimed at ensuring that the accidences do not re-occur. |
| (e) |
Any other relevant information as required by the National Air Quality Officer from time to time. |
| (19) |
In January 2014, the National Air Quality Officer will establish an internet-based National Atmospheric Emissions Inventory System. Once established, the reports contemplated in paragraph (17) must be made in the format required for the internet-based National Atmospheric Emissions Inventory System. |
General special arrangement
| (20) |
A fugitive emissions management plan must be included in the Atmospheric Emission Licenses for listed activities that are likely to generate such emissions. |
Repeal of the list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, 2010
| (21) |
The list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage published under Government Notice No. 248, Gazette No. 33064 dated 31 March 2010, in terms of section 21(1)(a) read with section 21(3)(a) and (b) of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), is hereby repealed. |
Short title and commencement
| (22) |
This notice is called the listed activities and associated minimum emission standards identified in terms of section 21 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004). |
Older Persons Act, 2006
