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National Environmental Management: Air Quality Act 39 of 2004

7 December 2019, Saturday

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004

(Gazette No. 27318, Notice No. 163. Commencement date: 11 September 2005 – save for sections 21, 22,

36 to 49, 51(1)(e), 51(1)(f), 51(3), 60 and 61 [Government Notice R898, Gazette No. 28016]

LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISSIONS WHICH HAVE OR MAY HAVE A SIGNIFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE

Published under Government Notice 893 in Government Gazette 37054 dated 22 November 2013.

Commencement date: 22 November 2013

I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby amend the list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage published under Government Notice No, 248, Gazette No. 33064 dated 31 March 2010, in terms of section 21(1)(b) of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), set out in the Schedule hereto.

Find out about Macrotec Incinerators, Cremators, and Hot Gas Filtration.

BOMO EDITH EDNA MOLEWA

MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS SCHEDULE

TABLE OF CONTENTS

Part 1

Definitions

Definitions

Part 2

General

 

 

Applicability of the Notice Averaging Period Emission measurement Compliance time frames

Emission measurement Compliance time frames

Averaging Period Emission measurement Compliance time frames

Compliance time frames

Postponement of compliance time frames

Compliance monitoring

Reporting Requirements

General special arrangement

Part 3

Minimum Emission Standards

Category 1

Combustion Installations

(1)     Subcategory 1.1: Solid Fuel Combustion Installations

(2)     Subcategory 1.2: Liquid Fuel Combustion Installations

(3)     Subcategory 1.3: Solid Biomass Combustion Installations

(4)     Subcategory 1.4: Gas Combustion Installations

(5)     Subcategory 1.5: Reciprocating Engines

(6)     Subcategory 1.6: Waste Co-feeding Combustion Installations

 

Category 2

Petroleum Industry, the production of gaseous and liquid fuels as well as petrochemicals from crude oil, coal, gas or biomass

(1)     Subcategory  2.1: Combustion Installations

(2)     Subcategory 2.2: Catalytic Cracking Units

(3)     Subcategory 2.3: Sulphur Recovery Units

(4)     Subcategory 2.4: Storage and Handling of Petroleum Products

(5)     Subcategory 2.5: Industrial Fuel Oil Recyclers

 

Category 3

Carbonization and Coal Gasification

(1)     Subcategory 3.1: Combustion Installations

(2)     Subcategory 3.2: Coke Production

(3)     Subcategory 3.3: Tar Processes

(4)     Subcategory 3.4 Char, Charcoal and Carbon Black Production

(5)     Subcategory 3.5 Electrode Paste Production

(6)     Subcategory 3.6 Synthetic Gas Production and Cleanup

 

Category 4

Metallurgical Industry

(1)     Subcategory 4.1: Drying and Calcining

(2)     Subcategory 4.2: Combustion Installations

(3)     Subcategory 4.3: Primary Aluminium Production

(4)     Subcategory 4.4: Secondary Aluminium Production

(5)     Subcategory 4.5: Sinter Plants

(6)     Subcategory 4.6: Basic Oxygen Furnaces

(7)     Subcategory 4.7: Electric Arc Furnaces (Primary and Secondary) (8)     Subcategory 4.8: Blast Furnaces

(9)     Subcategory 4.9: Ferro-alloy Production

(10)   Subcategory 4.10: Foundries

(11)   Subcategory 4.11: Agglomeration Operations

(12)   Subcategory 4.12: Pre-Reduction and Direct Reduction

(13)   Subcategory 4.13: Lead Smelting

(14)   Subcategory 4.14: Production and Processing of Zinc, Nickel and Cadmium

(15)   Subcategory 4.15: Processing of Arsenic, Antimony, Beryllium, Chromium and Silicon

(16)   Subcategory 4.16: Smelting and Converting of Sulphide Ores

(17)   Subcategory 4.17: Precious and Base Metal Production and Refining

(18)   Subcategory 4.18: Vanadium Ore Processing

(19)   Subcategory 4.19: Production and or Casting of Bronze, Brass and Copper

(20)   Subcategory 4.20: Slag Processes

(21)   Subcategory 4.21: Metal Recovery

(22)   Subcategory 4.22: Hot Dip Galvanizing

(23)   Subcategory 4.23: Metal Spray

 

Category 5

Mineral Processing, Storage and Handling

(1)     Subcategory 5.1: Storage and Handling of Ore and Coal

(2)     Subcategory 5.2: Drying

(3)     Subcategory 5.3: Clamp Kilns for Brick Production

(4)     Subcategory 5.4: Cement Production (using conventional fuels and raw materials) (5)     Subcategory 5.5: Cement Production (using alternative fuels and/or resources)

(5)     Subcategory 5.5: Cement Production (using alternative fuels and/or resources)

(6)     Subcategory 5.6: Lime Production

(7)     Subcategory 5.7: Lime Production (using alternative fuels and/or resources) (8)     Subcategory 5.8: Glass and Mineral Wool Production

(8)     Subcategory 5.8: Glass and Mineral Wool Production

(9)     Subcategory 5.9: Ceramic Production

(10)   Subcategory 5.10: Macadam Preparation

(11)   Subcategory 5.11: Alkali Processes

 

Category 6

Organic Chemicals Industry

N/A

 

Category 7

Inorganic Chemicals Industry

(1)     Subcategory  7.1:  Production  and  or  Use  in  Manufacturing  of  Ammonia,  Fluorine,  Fluorine  Compounds, Chlorine, and Hydrogen Cyanide

(2)     Subcategory 7.2: Production of Acids

(3)     Subcategory 7.3: Production of Chemical Fertilizer

(4)     Subcategory  7.4:  Production,  Use  in  Production  or  Recovery  of  Antimony,  Arsenic,  Beryllium, Cadmium, Chromium, Cobalt, Lead, Mercury, and or Selenium, by the Application of Heat

(5)     Subcategory 7.5: Production of Calcium Carbide

(6)     Subcategory 7.6: Production or Use of Phosphorus and Phosphate Salts not mentioned elsewhere

(7)     Subcategory 7.7: Production of Caustic Soda

 

Category 8

Thermal Treatment of Hazardous and General Waste

(1)     Subcategory 8.1: Thermal Treatment of General and Hazardous Waste

(2)     Subcategory 8.2: Crematoria and Veterinary Waste Incineration

(3)     Subcategory 8.3: Burning Grounds

(4)     Subcategory 8.4: Drum Recycling Processes

 

Category 9

Pulp and Paper Manufacturing Activities, including By-Products Recovery

(1)     Subcategory 9.1: Lime Recovery Kiln

(2)     Subcategory 9.2: Chemical Recovery Furnaces

(3)     Subcategory 9.3: Chemical Recovery Copeland Reactors

(4)     Subcategory 9.4: Chlorine Dioxide Plants

(5)     Subcategory 9.5: Wood Burning, Drying and the Production of Manufactured Wood Products

 

Category 10

Animal Matter Processing

ANNEXURE A – METHODS FOR SAMPLING AND ANALYSISRepeal of the list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, 2010

Part 1

Definitions

Definitions

In this Notice a word or expression to which a meaning has been assigned in this Act has that meaning and, unless the context otherwise indicates: –

Act” means the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

alternative fuels and resources” means general and hazardous wastes which are used to substitute conventional or primary fossil fuels and/or virgin raw materials in cement kilns and other industrial thermal processes.

atmospheric emission license” means an atmospheric emission license contemplated in Chapter 5 of this Act.

biomass” means non-fossilised and biodegradable organic material originating from plants, animals and micro-organisms excluding – (a) sewage; and (b) treated or coated wood waste which may contain halogenated organic compounds or heavy metals.

bottom loading” means the transfer of compounds in a liquid state to a suitable vessel by filling from the bottom by means of bottom valve or from the top utilizing a transfer pipe extended to the bottom of the vessel.

design capacity” means capacity as installed.

existing plant” unless where specified, shall mean any plant or process that was legally authorized to operate before 01 April 2010 or any plant where an application for authorisation in terms of the National Environmental Management Act, 1998 (Act No.107 of 1998), was made before 01 April 2010.

flare” means a combustion device that uses an open flame to burn combustible gases with combustion air provided by ambient air around the flame. Combustion may be steam or air assisted. Flares may be either continuous or intermittent. This term includes both ground and elevated flares.

fugitive emissions” means emissions to the air from a facility for which an emission license has been issued, other than those emitted from a point source.

incineration” means any method, technique or process to convert waste to flue gases and residues by means of oxidation.

licensing authority” means an authority referred to in sections 36(1), (2), (3) or (4)  responsible for implementing the licensing system set out in chapter 5 of this act.

listed activities” includes the singular.

new plant” unless where specified, shall mean any plant or process where the application for authorisation in terms of the National Environmental Management Act 1998, (Act No.107 of 1998), was made on or after 2010

normal operating condition” means any condition that constitutes operation as designed.

non-thermal treatment of volatile organic compounds” means the removal of volatile organic compounds through non-combustion processes including but not limited to cryogenic cooling, scrubbing and vapour recovery.

oxides of nitrogen (NOx)means the sum of nitrogen oxide (NO) and nitrogen dioxide (NO2) expressed as nitrogen dioxide (NO2)

particulate matter (PM)” means total particulate matter, that is the solid matter contained in the gas stream in the solid state as well as the insoluble and soluble solid matter contained in entrained droplets in the gas stream, as measured by the appropriate method listed in Annexure A.

petrochemicals” means ethylene and its polymers, ethylene oxide, ethylene glycol, glycol ethers, ethoxylates, vinyl acetate, 1,2-dichloroethane, trichloroethylene, tetrachloroethylene, vinyl chloride, propylene, propyl alcohols, acrylonitrile, propylene oxide, isomers of butylene, butyl ethers, butadienes, polyolefins and alpha-olefins, all alcohols (except those produced during the production of beverages), acrylic  acid,  allyl chloride, epichlorohydrin, benzene and  alkylbenzenes, toluene, o-,  m-  and  p-xylene, ethylbenzene, styrene, cumene, phenols, acetone, cyclohexane, adipic acid, nitrobenzene, chlorobenzene, aniline, methylene diphenyl diisocyanate (mdi), toluene di-isocyanate or other di-isocynates of comparable volatility, benzoic acid.

point source” means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys.

point of compliance” means any point within the off gas line, where a sample can be taken, from the last vessel closest to the point source of an individual listed activity to the open-end of the point source or in the case of a combinations of listed activities sharing a common point source, any point from the last vessel closest to the point source up to the point within the point source prior to the combination/interference from another Listed Activity.

pyrolysis” means the decomposition of a material by heat in the absence of oxygen.

SANAS”  means  the  South  African  National  Accreditation  System  established  by  Section  3  of  the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006).

sulphur  recovery  plant”  means  a  unit  that  processes  sulphur  containing  gags  obtained  from  the processing of crude mineral oil or the coking or gasification of coal and produces a final product of sulphur containing compounds.

thermal treatment” means incineration, co-processing and other high temperature treatment of hazardous and general waste.

thermal treatment of volatile organic compounds” means the destruction of volatile organic compounds through combustion processes.

total volatile organic compounds” means organic compounds listed  under US-  EPA  Compendium Method TO -14.

upset conditions” means any temporary failure of air pollution control equipment or process equipment or failure of a process to operate in a normal or usual manner that leads to an emission standard being exceeded.

Part 2

General

Applicability of the Notice

(1)     Minimum emission standards as contained in this Notice shall apply to both permanently operated plants and for experimental (pilot) plants with a design capacity equivalent to the one of a listed activity.

(2)     Minimum emission standards are applicable under normal operating conditions.

(3)     Should normal start-up, maintenance, upset and shut-down conditions exceed a period of 48 hours, Section 30 of the National Environmental Management, 1998 (Act No. 107 of 1998), shall apply unless otherwise specified by the Licensing Authority.

Averaging Period

(4)     Unless where otherwise specified, minimum emission standards are expressed on a daily average basis, under normal conditions of 273 K, 101.3 kPa, specific oxygen percentage and dry gas.

Emission measurement

(5)     The  manner  in  which  measurements of  minimum emissions  standards, as  required  by  Section 21(3)(a)(ii) of this Act, shall be carried out must be in accordance with the standard sampling and analysis methods listed in Annexure A of this Notice.

(6)     Methods other than those contained in Annexure A may be used with the written consent of the National Air Quality Officer.

(7)     In seeking the written consent referred to in paragraph (6), an applicant must provide the National Air Quality Officer with any information that supports the equivalence of the method other than that contained in Annexure A to a method contained in Annexure A.

Compliance time frames

(8)     New plant must comply with the new plant minimum emission standards as contained in Part 3 from 01 April 2010.

(9)     Existing plant must comply with minimum emission standards for existing plant as contained in Part 3 by 01 April 2015, unless where specified.

(10)   Existing plant must comply with minimum emission standards for new plant as contained in Part 3 by 01 April 2020, unless where specified.

Postponement of compliance time frames

(11)   As contemplated in the National Framework for Air Quality Management in the Republic of South Africa, published in terms of Section 7 of this Act, an application may be made to the National Air Quality Officer for the postponement of the compliance time frames in paragraphs (9) and (10) for an existing plant.

(12)   The application contemplated in paragraph (11) must include-

(a)     An air pollution impact assessment compiled in accordance with the regulations prescribing the format of an Atmospheric Impact Report (as contemplated in Section 30 of the AQA), by a person registered as  a  professional engineer or  as  a professional natural scientist in the appropriate category;

(b)     a detailed justification and reasons for the application; and

(c)     a concluded public participation process undertaken as specified in the NEMA Environmental Impact Assessment Regulations.

(13)   The National Air Quality Officer, with the concurrence of the Licensing Authority as contemplated in Section 36 of this Act, may grant a postponement of the compliance time frames in paragraphs (9) and (10) for an existing plant for a period, not exceeding 5 years per postponement.

(14)   The National Air Quality Officer, with the concurrence of the Licensing Authority, may –

(a)     from time to time review any postponement granted in terms of paragraph (13) should ambient air quality conditions in  the affected area of  the  plant not conform to ambient air  quality standards; and

(b)     on good grounds, withdraw any postponement following – (i)       representations from the affected plant; and

(ii)      representations from the affected communities.

Compliance monitoring

(15)   Where continuous emission monitoring is required for a listed activity –

(a)     the averaging period for the purposes of compliance monitoring shall be expressed on a daily average basis or as prescribed in the Atmospheric Emission License.

(b)     the emission monitoring system must be maintained to yield a minimum of 80% valid hourly average values during the reporting period.

(c)     the  emission  monitoring  system  must  be  maintained  and  calibrated  as  per  the  original equipment manufacturers’ specifications.

(d)     continuous emission monitoring systems must be audited by a SANAS accredited laboratory at least once every two (2) years.

(16)   Where periodic emission monitoring is required for a listed activity –

(a)     the averaging period for the purposes of compliance monitoring shall be expressed on a hourly average basis or as prescribed in the Atmospheric Emission License.

(b)     emission measurement will be conducted in accordance with paragraphs (5); (6); and (7) of this notice.

(c)     measurements shall take place on, at least, an annual basis unless otherwise prescribed in the Atmospheric Emission License.

(d)     sampling will take place under normal operating conditions using the permitted feed-stock or raw material.

(e)     all tests will be conducted by SANAS accredited laboratories or laboratories accredited by similar foreign authorities.

Reporting Requirements

(17)   Notwithstanding the compliance time frames established in terms of paragraphs (8); (9); and (10), the Atmospheric Emission License holder shall submit an emission report in the form specified by the National Air Quality Officer to the Licensing Authority –

(a)     within one (1) year of the date of publication of this Notice; and

(b)     annually thereafter unless otherwise prescribed in the Atmospheric Emission License. (18)   The report contemplated in paragraph (17) shall include-

(a)     The  name,  description  and  license  reference  number  of  the  plant  as  reflected  in  the Atmospheric Emission License.

(b)     Where periodic emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include –

(i)       the name and address of the accredited measurement service-provider that carried out or verified the emission test, including the test report produced by the accredited measurement service-provider;

(ii)      the date and time on which the emission test was carried out;

(iii)     a declaration by the Atmospheric Emission License holder to the effect that normal operating conditions were maintained during the emission tests;

(iv)     the total volumetric flow of gas, expressed in normal cubic meters (Nm3) per unit time and mass flow (kg per unit time) being emitted by the listed activity or activities measured during the emission test, as the average of at least three (3) measurements;

(v)      the concentration or mass of pollutant for which emissions standards have been set in this Notice emitted by listed activity or activities as the average of at least three (3) measurements; each measured over a minimum sample period of 60 minutes and a maximum of 8 hours to obtain a representative sample, and

(vi)     the  method  or  combination  of  methods  used  for  determining  the  flow  rate  and concentration as contemplated in paragraphs (5); (6); and (7).

(c)     Where continuous emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include –

(i)       results of the spot measurements or correlation tests carried out to verify the accuracy of the continuous emission measurements;

(ii)      the most recent correlation tests; and

(iii)     the availability of the system as contemplated in (15)(b) in terms of the number of full hours per annum that valid results were obtained.

(d)     Following the compliance time frames established in terms of paragraphs (8); (9); and (10), an explanation  of  all  instances  where  minimum  emission  standards  were  exceeded  and remediation measures and associated implementation plans aimed at ensuring that the accidences do not re-occur.

(e)     Any other relevant information as required by the National Air Quality Officer from time to time.

(19)   In January 2014, the National Air Quality Officer will establish an internet-based National Atmospheric Emissions Inventory System. Once established, the reports contemplated in paragraph (17) must be made in the format required for the internet-based National Atmospheric Emissions Inventory System.

General special arrangement

(20)   A fugitive emissions management plan must be included in the Atmospheric Emission Licenses for listed activities that are likely to generate such emissions.

Part 3

Minimum Emission Standards

Category 1

Combustion Installations

 

(1)     Subcategory 1.1: Solid Fuel Combustion Installations

Incineration, Incinerator, Waste Management, Medical Waste Disposal, Medical Waste Incineration,

Incineration, Incinerator, Waste Management, Medical Waste Disposal, Medical Waste Incineration,

(a)     The following special arrangement shall apply –

(i)       Continuous emission monitoring of PM, SO2 and NOx is required, however, installations less than 100 MW heat input per unit must adhere to periodic emission monitoring as stipulated in Part 2 of this Notice.

(ii)      Where co-feeding with waste materials with calorific value allowed in terms of the Waste Disposal Standards published in terms of the Waste Act, 2008 (Act No.59 of  2008) occurs, additional requirements under subcategory 1.6 shall apply.

(2)     Subcategory 1.2: Liquid Fuel Combustion Installations

Incineration, Incinerator, Waste Management, Medical Waste Disposal, Medical Waste Incineration,

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