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A Andrews

PROPOSED AMENDMENTS TO THE S21 LISTED ACTIVITIES OF THE AIR QUALITY ACT (ACT 39 OF 2004) Submission to the Portfolio Committee on Water and Environmental Affairs, 7-8 May 2013. A Andrews. Participation in standard setting.

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A Andrews

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  1. PROPOSED AMENDMENTS TO THE S21 LISTED ACTIVITIES OF THE AIR QUALITY ACT (ACT 39 OF 2004) Submission to the Portfolio Committee on Water and Environmental Affairs, 7-8 May 2013 A Andrews

  2. Participation in standard setting • LRC: Participated in the multi stakeholder consultation process for the 2009 S21 Notice pertaining to emission standards for Listed Activities assisted by Prof Cairncross • SDCEA: represents 16 community organisations in the South Durban Area • CEJ: represents environmental ngo’s in Cape Town mainly from previously disadvantaged communities • TVRA, Habitat Council, Captrust : ngo’s

  3. LEGAL FRAMEWORK • Preamble: NEM: AQA • the quality of ambient air in many areas of the Republic is not conducive to a healthy environment for the people living in those areas … • the burden of health impacts associated with polluted ambient air falls most heavily on the poor … • air pollution carries a high social, economic and environmental cost that is seldom borne by the polluter • minimisation of pollution through vigorous control, cleaner technologies and cleaner production practices is key to ensuring that air quality is improved is key to ensuring that air quality is improved … • Objects of NEMAQA: to enhance ambient air to ensure and environment that is not harmful to health and well being • The S21 Listed Activities regulation is an important step towards “minimisation of pollution through vigorous control ….”

  4. NEM: AQA FRAMEWORK • 5.4.3.1: Setting of emission standards: general • Expert panel to develop standards under STANSA must be established for the development of standards. • Representation from state departments provincial and municipal government, industry, business, civil society and the academia. • Factors to be considered: • The health, safety and environmental protection objectives; • Analytical methodology; • Technical feasibility; • Monitoring capability; and • Socio-economic consequences

  5. S 21: Listed activities • Activities identified by Minister/MEC to have potential significant detrimental effect on the environment, including • Health; • Social conditions; • Economic conditions; • Ecological conditions; • Cultural heritage

  6. NEM: AQA FRAMEWORK (2) • 5.4.3.2 – 4: Setting standards • Best practicable environmental option (BPEO): most benefit/least harm at a cost acceptable to society • Informed by best available technology (BAT) • BAT informed by international documentation • Practicable : cost benefit analysis in peer reviewed and international literature

  7. Stakeholder negotiation history • 2009 S21 emission standards • 2 years of multi stakeholder discussions • Approximately 300 emission standards considered • Disclosure of all submissions to stakeholders • Technical debate on emission limits and best available technology and international best practice • Process continued for new categories eg small boilers

  8. Stakeholder negotiation history • 2012 Proposed amendments to s21 notice • 27 July 2012 : notice of consultation regarding typographical amendments only; • 22 August : draft amendments circulated but no comment requested; • Bilateral discussions with stakeholders held but no multi stakeholder discussions; • 23 November : new draft amendments published for comment.

  9. Concerns re administrative fairness of amendment process • Departure from NEM:AQA Framework consultation process/BPEO • Lack of transparency in bilateral discussions • Standards for major polluters eg oil industry significantly reduced • Compliance time frames extended • Unilateral change in consultation to the detriment of persons in receiving environment:- • No opportunity to challenge technical representations by industry stakeholders • Reduced or no access to information on representations • Reduced opportunity to influence decision making • Wasted costs

  10. Recommendations (1) • DEA to make typographical and other non-substantive amendments by correction notice ito s.4(b) AQA • No other amendments to be made without following Framework process (s.5.4.3.1 and s. 5.4.3.5) • Technical committee established (representatives from government, the relevant industrial sector, business, civil society and scientists/academics) • Before amendments, committee to consider factors like health, safety, environmental protection, technical feasibility, monitoring capability, and socio-economic consequences

  11. Recommendations (2) • BPEO to be pursued with “best” informed by use of BAT • Committee to continue to identify technology improvements and update BAT information to establish emission standards for additional industry types and pollutants • Committee to use this information to undertake a 5 year review of emission standards • If DEA does not wish to follow Framework process, amendments should be held over for the 5 year review prescribed by Framework • Proposed amendments to be withdrawn

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