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Atmospheric emission licence - Manual for …

Department of Environmental Affairs Chief Directorate: Air Quality Management and Climate Change Atmospheric emission licence : Manual for Licensing Authorities June 2009 DIRECTORATE: AIR QUALITY MANAGEMENT IMPLEMENTATION SUPPORT Contact Directorate: Air Quality Management Implementation Support Postal address Private Bag X 447, Pretoria, 0001 Physical address Corner Pretorius and Van Der Walt Streets, Fedsure Forum Building, Pretoria Telephone (012) 310 3069 CONTENTS 1. Purpose of the Structure of the 2.

Department of Environmental Affairs Chief Directorate: Air Quality Management and Climate Change Atmospheric Emission Licence: Manual for Licensing A uthorities

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1 Department of Environmental Affairs Chief Directorate: Air Quality Management and Climate Change Atmospheric emission licence : Manual for Licensing Authorities June 2009 DIRECTORATE: AIR QUALITY MANAGEMENT IMPLEMENTATION SUPPORT Contact Directorate: Air Quality Management Implementation Support Postal address Private Bag X 447, Pretoria, 0001 Physical address Corner Pretorius and Van Der Walt Streets, Fedsure Forum Building, Pretoria Telephone (012) 310 3069 CONTENTS 1. Purpose of the Structure of the 2.

2 INDUSTRIAL emissions REGULATORY Regulation under Atmospheric Pollution Prevention Act, Regulation under National Environmental Management: Air Quality Act, Transition from APPA to Promotion of access to information requirements for Administrative justice requirements for 3. STEPS INVOLVED IN ISSUING AN Two routes through which an AEL may be Route 1: Joint EIA/AEL Route 2: AEL 4. TECHNICAL DECISION Deciding whether to grant a licence or Type of licence to Technical contents of the 5. GUIDE TO THE CONTENTS OF AN AEL AND DRAFTING OF AN AEL application AEL 6.

3 BEYOND LICENSING: COMPLIANCE MONITORING AND Link between issuing of an AEL and compliance monitoring and enforcement Role of EMIs in compliance monitoring and enforcement 7. AEL PROCESSING FEE CALCULATOR ADMINISTRATION Purpose of the Policy objective and legal AEL processing fee establishment and implementation AEL processing fee bands and scoring Final scoring of the Allocation to processing fee AEL processing fee 8. AIR QUALITY MANAGEMENT IMPLEMENTATION 1 1. INTRODUCTION Purpose of the Manual The purpose of the Manual is to assist licensing authorities in performing the Atmospheric emission licence function under the National Environmental Management: Air Quality Act, 2004 (Act No.)

4 39 of 2004) (AQA). The Manual seeks to provide licensing authorities with a basis to the processes, procedures, intergovernmental relationships and key decisions in issuing an Atmospheric emission licence . It is not the purpose of the Manual to provide detail of technical or industrial processes which result in emissions to the atmosphere. The Manual must be read with the following regulatory tools: (a) The National Environmental Management: Air Quality Act, 2004; (b) The National Framework for Air Quality Management in the Republic of South Africa; (c) National Ambient Air Quality Standards; (d) Listed Activities and Associated Minimum emission Standards; and (e) Atmospheric emission licence Fee Calculator.

5 Structure of the Manual The Manual is divided into the following main sections: Section 2 provides an overview of the past and current approaches on industrial emissions regulation. It also provides an insight into the historical approach to the regulation of emissions in South Africa and the current legislative frameworks and procedures which guide the process. This section also sets out the legal requirements for licensing authorities when it comes to affording citizens of the country their right of access to information, namely, the Promotion of Access to Information Act, 2000 (Act No.)

6 2 of 2000). The section further sets out the administrative justice legal requirements, namely, the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). Section 3 sets out the step-by-step guide in the Atmospheric emission licence process. Section 4 highlights the critical technical decisions in the Atmospheric emission licence process. Section 5 sets out the guide in drafting a legally robust Atmospheric emission licence . Section 6 sets out the compliance monitoring and enforcement measures that may be undertaken after an Atmospheric emission licence is issued.

7 Section 7 deals with the Atmospheric emission licence processing fee calculator administration protocol. This section sets out the step-by-step guide in the determination of the prescribed processing fee. Section 8 contains the contact details of the Directorate: Air Quality Management Implementation Support. The function of the Directorate is to assist and provide support to all licensing authorities when performing the licensing function. 2 2. INDUSTRIAL emissions REGULATORY REGIME Regulation under Atmospheric Pollution Prevention Act, 1965 Before the promulgation of the AQA, air pollution was regulated in terms of the Atmospheric Pollution Prevention Act, 1965 (Act No.)

8 45 of 1965) (APPA). The Department of Water and Environmental Affairs (DWEA) was responsible for administering the APPA. The main aim of APPA was the control of noxious and offensive gases emitted by industrial processes (through registration certificate), the control of smoke and wind borne dust pollution, and emissions from diesel vehicles. The Chief Air Pollution Control Officer (CAPCO) was responsible for the implementation of the APPA. Under APPA, all industries undertaking scheduled processes were controlled by the CAPCO through Best Practicable Means (BPM) using permits (known as Registration Certificates).

9 Scheduled processes, as set out in the Second Schedule to the APPA, are processes which emit noxious or offensive gases. The APPA approach, with regard to industrial emissions , was largely based on point-source emission control. Hence, the BPM represents an attempt to restrict emissions while having regard to local conditions, the prevailing extent of technical knowledge, the available control options, and the cost of abatement. The decision as to what constitutes the BPM for each individual case was reached following discussions with the industry.

10 A scheduled process registration certificate was then issued. Over the years major shortcomings in the regulation of industrial emissions under APPA were discovered. In summary the following, among others, is a list of the APPA shortcomings: APPA was not in line with the Constitution allocation of function between the three spheres of government when it comes to air pollution control; APPA largely focuses on point source emission control that does not fully address the cumulative impacts of air pollution; Lack of transparency in decision-making; and Inadequate compliance and enforcement mechanisms.


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