South Africa’s new emission standards will have a significant impact in terms of requiring operators of the Section 21 listed activities to apply for Air Emissions Licences (AEL), according to SRK Consulting’s Durban-based principal Air Quality Scientist and  director Vis Reddy.

“In many cases, they will have to comply with more stringent standards,” says Reddy. The new emission standards (GN 248 of 31 March 2010) are a regulation that has been promulgated under Section 21 of the National Environmental Management: Air Quality Act No. 39, 2004.

The objective of the Act, according to Reddy, is evident in the following excerpt from the Act itself, namely:

To reform the law regulating air quality in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while promoting justifiable economic and social development; to provide for national norms and standards regulating air quality monitoring, management and control by all spheres of government; for specific air quality measures; and for matters incidental thereto.

Reddy believes that despite the challenges faced in implementation, global best practice has been taken into account for example from organisations like the World Bank and developed countries like the EU, Australia and USA. “The new emission standards are comparable to first world standards if not better in some cases.”

No industry is exempt from the impact of the new emissions standards. “All industries will be impacted, although the bigger polluters like oil refineries, power producers, chemical manufacturing and metallurgical processing industries will be most affected as many of them are operating plants that are more than 20 years old and retrofitting them could be very costly.”

Changing context

“The intention is to reduce the emission concentrations of air pollutants into the atmosphere,” explains Reddy. In light of this, in order to operate such activities one has to be licensed and comply with new emission standards by 1 April 2015 for existing plants.

The question remains, however, as to the viability of these deadlines and how far from meeting them South Africa is as a whole. “This is very variable, but I suspect there are a significant number of emitters that will not be in compliance with the existing plant standards by 1 April 2015 and many operators of Section 21 listed activities may have to apply for postponement from compliance with the April 2015 standards,” says Reddy.

He adds that it is important for emitters to note that emissions are controlled by concentration and not load. “So it does not matter whether one is a major or small industry; if your activity triggers the need for an AEL, you will have to comply with the same standard. You need to comply with existing plant standards from 1 April 2015 for existing plants and thereafter with the more stringent new plant standards by 1 April 2020 for all plants, old and new.”

Moreover, Reddy points out that it should be noted that the Act does allow for exemptions and or postponement from compliance. “However these applications need to be submitted to the national air quality officer.”

If emitters choose not to comply, they could face fines and/or have their plants stopped from operating until they comply.

Technological approach

There is room for technology to help with compliance, according to Reddy; however, there are many instances where there is no technology for old plants to enable compliance. “Furthermore, there is a limitation with regards to expertise in South Africa to implement new technologies in some cases. Direct costs can be prohibitive and timelines to implement such changes may take some time.”

He warns that in some cases a reduction in air pollution might result in an increase in other solid and liquid wastes, and there are management and environmental challenges to handling the new waste that is generated.

Challenging context

“The clients that I have worked with would like to comply, but they have limited options, resources, time and money,” says Reddy.

In addition, although the current emissions environment has been governed by the “Best Practical Means” principle, pre-1 April 2010 it was not effectively implemented and policed, says Reddy. “This has resulted in a situation where emission concentrations are far above what would be considered to be internationally acceptable. In many cases, stack emissions have never been monitored since commencement of that activity.”

Capacity in the organisations ensuring compliance also plays a major role in ensuring the successful roll-out of the Act and the resultant standards. The Department of Environmental Affairs has grown its capacity on the policy development side at national level and licensing and compliance is now a local government function. This means the authorities are able to monitor compliance locally together with the help of the Green Scorpions. “Where they can monitor compliance at the moment, compliance might not be ideal, but in time compliance will improve. Furthermore, the new licences have to be renewed and this will allow for continual improvement opportunities,” says Reddy.

Educating emitters and various industry role players thus becomes essential in ensuring compliance by the stipulated deadline. “This is a very important issue, and until capacity and awareness of potential consequences of not taking steps to reduce air emissions  are improved, the expected outcomes of the minimum emissions standards will not be achieved,” continues Reddy.

He also adds that it is important that both government and industry have the knowledge about emission control, the practical implications thereof and cost benefits of managing air emissions from industry.

“I think there is a definite opportunity to reduce emissions and improve air quality, but this should not come with compliance at all costs as limited resources could be better used to manage other environmental impacts e.g. solid and liquid wastes. Additionally, the biggest opportunity is with new plants, which before the activity starts, can now be designed with the new emission standards as a target” concludes Reddy.