The Department of Environmental Affairs’ proposed amendments to a law published under the Air Quality Act will force Eskom to comply with pollution standards, or shut down.

The new law will only permit one postponement of compliance, for five years, with standards which should be met by April 2020.

The new provisions would allow industrial facilities to apply for a once-off suspension of compliance timeframes with new plant standards if they provide a clear schedule for decommissioning by 2030.

What this means for Eskom is that it’s stations must make the necessary investments in time to comply with new plant standards by 1 April 2025, unless they have been granted the suspension, and will decommission by not later than 2030. If they cannot meet the standards by this date and have not been granted a suspension, they can no longer operate.

Stricter air pollution standards

According to the Life After Coal Campaign Eskom has been let off the hook by government by not only allowing them to postpone their compliance with air pollution standards, but failing to take enforcement action against Eskom for its pollution.

Robyn Hugo, Head of the Centre for Environmental Rights’ Pollution and Climate Change Programme, welcomed the proposed amendments, saying that the Life After Coal Campaign has been advocating for stricter pollution rules for coal power plants for many years.

“So far, Eskom’s strategy has simply been to apply for what it terms ‘rolling postponements’ of compliance with pollution standards: re-applying for postponements of compliance every five years until the plants are eventually decommissioned. That head-in-the-sand strategy must now come to an end.”

Concerns remain

However, Hugo points out that concerns remain that facilities granted this suspension will, on the current proposed wording of the legislation, be permitted to comply with the very weak old plant standards until their decommissioning.

“This would mean that government would simply allow Eskom to keep polluting and causing ill-health and death of South Africans. This is an ongoing violation of human rights which the Life After Coal Campaign, together with communities living with Eskom’s pollution, will take to the Constitutional Court, if necessary.”