The Minister of Environmental Affairs, Edna Molewa, has published the notice of intention to declare the greenhouse gases as priority air pollutants, under law. The greenhouse gases to be declared as priority pollutants include: carbon dioxide (CO₂); methane (CH₄); nitrous oxide (N₂O); hydrofluorocarbons (HFCs); perfluorocarbons (PFCs) and sulphur hexafluoride (SF₆).

Additionally, the Minister has issued the draft National Pollution Prevention Plans Regulations in respect of greenhouse gases under the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) for comment. The purpose of these regulations is to prescribe the requirement that pollution prevention plans need to comply with in terms of section 29(3) of the Act.

Corporate responsibility

The regulations require a company conducting certain production processes which involve the direct emission of greenhouses gases to prepare, submit and implement a pollution prevention plan in respect of greenhouse gases.

The processes referred to above cover: glass production; polymers production; pulp and paper production; coal mining; production and/or refining of crude oil; production and/or processing of natural gas; production of liquid fuels from coal or gas; cement production; ammonia production; nitric acid production; black carbon production; iron and steel production; ferro-alloys production; aluminium production; and electricity production (combustion of fossil fuels, excluding the use of back-up generators).

The submission of these pollution prevention plans and periodic reporting of the progress towards their implementation will help the country measure its contribution towards global efforts to cut down greenhouse gas emissions.

Opportunity to comment

The draft Declaration and Regulations were published in the Government Gazette No. 39578 as Notices No. 5 and 6 of 2016, respectively.  These are also available on this link https://www.environment.gov.za/legislation/gazetted_notices.