THE MANAGEMENT OF AIR QUALITY IN SOUTH AFRICA

P. Gwaze
Department of Environmental Affairs
World Environmental Health Day Commemoration
26 September 2017, Umfolozi Hotel and Casino, Richards Bay
 Presentation Outline
• South African Legislative Framework Timeframe
• NEMAQA
– Legislation Developments
– Cooperative Governance
– Air Quality Management Planning
• National Air Quality Priority Areas
– Managing Significant Sources
– Ambient Air Quality Monitoring
• South African Air Quality Information System (SAAQIS)
Sources of Air Pollution
Air Quality Management Legislation Timeframe
2004, National
Environmental
Management Air
Quality Act, NEMAQA
2010, APPA fully
repealed and
1998, National NEMAQA came
1996, Constitution Environmental
of the Republic of Management Act,
into full effect
South Africa NEMA

1965 Air Pollution

Prevention Act,
APPA
 Air Pollution Prevention Act of 1965
• APPA was broadly regarded as being outdated and
un-constitutional
• Non-conformity with:
–Constitution of the Republic of South Africa, 1996
–National Environmental Management Act, 1998
–Promotion of Administrative Justice Act, 2000
–Promotion of Access to Information Act, 2000
National Environmental Management: Air Quality
Act (39) of 2004 – NEMAQA/AQA
• NEMAQA is pivoted Section 24 of the Bill of Rights contained in the
Constitution of South Africa.
• Section 24 of the Constitution states that everyone has the right:
a. To an environment that is not harmful to their health or well-being; and
b. To have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that -
– i Prevent pollution and ecological degradation;
– ii Promote conservation; and
– iii Secure ecologically sustainable development and the use of natural
resources while promoting justifiable economic and social development
 NEMAQA – A Paradigm Shift
Distinct shift from exclusively source-based air pollution control to holistic and integrated
effects-based air quality management
1. Decentralizing air quality management responsibilities.
2. Setting ambient air quality targets as goals designed to drive emission reductions.
3. Requiring all significant sources to be identified, quantified, and addressed.
4. Recognizing source-based (command and control) measures in addition to alternative
measures, market incentives and disincentives, voluntary programmes, and education and
awareness-raising.
5. Promoting cost-optimized mitigation and management measures.
6. Stipulating air quality management planning by authorities, and emission reduction and
management planning by sources.
7. Promoting access to air quality information and public consultation during air quality
management processes.
 National Framework for Air Quality Management
Section 7(1) of the AQA requires the National Framework to include
the following:
• Mechanisms, systems and procedures to –
– Attain compliance with ambient air quality standards; and
– Give effect to the Republic’s obligations in terms of international
agreements;
• National norms and standards for –
– The control of emissions from point and non-point sources;
– Air quality monitoring;
– Air quality management planning;
– Air quality information management; and
 National Framework for Air Quality Management
• Binds all organs of state in all spheres of government; and
• May assign and delineate responsibilities for the
implementation of the AQA amongst:
– The different spheres of government; and
– Different organs of state.
• Any other matter which the Minister considers necessary for
achieving the object of the AQA.
 REGULATIONS AND NOTICES PUBLISHED

AQA NOTICES AND REGULATIONS DATE GAZETTE NUMBER

Commencement notice of certain sections of AQA (excluding sections
21,22,36 to 49,51(1)(e),51(1)(f),51(3),60 and 61) 09 September 2005 28016

Vaal Triangle Air-Shed Priority Area Declaration 21 April 2006 28732

Correction Notice: Substitution of the map describing the boundaries
17 August 2007 30164
VTAPA
Highveld Priority declaration 23 November 2007 30518
National Framework for air quality management in the Republic of
11 September 2007 30284
South Africa
VTAPA air quality management plan 28 May 2009 32263
Regulations implementing and enforcing the VTAPA 29 May 2009 32254
National ambient air quality standards 24 December 2009 32816
Minister’s notice bringing the remainder of the AQA into operation,
namely, sections 21,22,chapter 5,51(1)(f),51(3),60 and 61(APPA 26 March 2010 33041
repealed)
National list of activities and associated minimum emission standards 31 March 2010 33064
Highveld Priority Area AQMP 02 March 2012 35072
 REGULATIONS AND NOTICES PUBLISHED
AQA NOTICES AND REGULATIONS DATE GAZETTE NUMBER
National Ambient Air Quality Standard for Particulate Matter with Aerodynamic Diameter
Less than 2.5 Micron Metres (PM2.5) 29 June 2012 35463

Declaration of Waterberg-Bojanala Priority Area 08 March 2013 36207

Declaration of a Small Boiler as a Controlled Emitter and Establishment of Emission Standards
1 November 2013 36973

Regulations Prescribing the Format of the Atmospheric Impact Report 11 October 2013 36904
National Dust Control Regulations 1 November 2013 36974
List of Activities which result in Atmospheric Emission which have or may have a significant
Detrimental Effect on the Environment, including Health, Social Conditions, Economic
22 November 2013 37054
Conditions, Ecological Conditions, or Cultural Heritage

Amendment to the 2007 National Framework for Air Quality Management of South Africa
29 November 2013 37078

Declaration of Temporary Asphalt Plants as a Controlled Emitter and Establishment of

Emission Standards 28 March 2014 37461

National Environmental Management Air Quality Amendment Act 2014 19 May 2014 37666
Regulation Regarding Air Dispersion Modelling 11 July 2014 37804
National Atmospheric Emission Reporting Regulation 2 April 2015 38633
Declaration of Small-Char and Small-Scale Charcoal Plants as Controlled Emitters and
Establishment of Emission Standards 18 September 2016 39220
 Model Air Quality Municipal By-Laws
Local Government By-Laws
• Model Air Quality Management by-law for easy adoption and
adaptation by Municipalities – Established in February 2009.
• Regulating air pollution within the area of the municipality’s
jurisdiction and provide a legal and administrative framework
to deal with localised sources of air pollution such as sugar-
cane burning
Cooperative Governance
• S14: Appointment of Air Quality
Officers
• Minister, MEC and each municipality
must designate an official within their
jurisdictions and such persons must be
responsible for co-ordinating air
quality management in their respective
spheres.
• Air Quality Officers Functions are
further stipulated in the National
Framework.
• 12th Annual National AQM Conference
Johannesburg next week
 Air Quality Management Planning
Stipulating air quality management planning by authorities, and emission
reduction and management planning by sources – Section 15
• 15 (1) provinces and national departments’ requirements to establish and
implement AQMPs
• 15 (2) municipalities to do the same and include their AQMPs in their integrated
development plans (IDPs).
Purpose of AQMPs
• Identify all air pollution sources
• Develop a baseline report of the status quo
• Set air quality management objectives or “desired state”
• Identify resources required to get to the desired state
• Implement, monitor and report against the AQMP
Air Quality Management Planning Nationally
National Air Quality Priority Areas
S18: National Air
Quality Priority Areas
•Declaration of Priority
areas:
–Minister or MEC
reasonably ambient
standards are being
exceeded
•Criteria:
–National: crosses
provincial boundaries
or MEC requests
 Identifying Significant Sources
Requiring all significant sources to be identified, quantified, and addressed.
• Regulation of Industrial Facilities: Section 21 of the AQA instructs the
Minister to publish a LIST OF ACTIVITIES which result in atmospheric
emissions and to establish minimum emission standards in respect of a
substance or mixture of substances resulting from those listed activities
• The consequence of the listing is prescribed in Section 22; and it is -
– To conduct a listed activity in the Republic, any person requires a Provisional
Atmospheric Emission License or an Atmospheric Emission License
– Atmospheric Emission Licensing Authorities are defined in Section 36
• Currently government has issued/is managing over 1250 Atmospheric
Emission Licences across the country
• These activities also report atmospheric emissions annually
Listed Activities across
the country reporting
emissions to
government (grey)
 S23 – S25: Declaration of Controlled Emitters
Declaration of Controlled Emitters:
• Significant sources in terms of cumulative impacts but as single
pollution units do not cause major problems
• Do not require an AEL and EIA to operate
• Currently (small boilers, temporary asphalt plants); in process
small scale char and charcoal plants
• Partnership with the SABS has been used successfully in the
implementation of these sections
 Non-Conventional Sources of Air Pollution
Strategy to Address Air Pollution in Dense Low-Income Settlements
• Difficult to control: cannot use command and control
• Massive impact – breathing zone
• Lack of alternative energy sources
• Require government concerted effort

Integrated Strategy on the Control of Vehicle Emissions

• Impacts on air pollution and climate change
• Socio-economic issue
• Also at breathing zone
• Requires concerted government effort (clean fuels, emissions testing, public
transport)
 Other Regulations: Dust Control
• The purpose of the regulations is to prescribe general
measures for the control of dust (settleable particulate matter)
in all areas.
• Differentiation is made between residential areas and non-
residential areas
• Empowers the Air Quality Officer to hold “polluters”
accountable
• These regulations cover sources such as mine dumps and
mining generated dust, among others.
 Education and Awareness-Raising
• Training
– Ad-hoc training of authorities
– Project specific training as part of implementation
– Councillors dedicated training
– LG-SETA engagements for all training to be recognised for career pathing
• Awareness Raising
– Public participation in government decisions
– Requirement of Environmental Impact Assessment
– State of Air Quality 2005
– Working on State of Air Quality 2005 to 2016
 National Ambient Air Quality Standards
• NEMAQA defines air quality that is not harmful to health and
well-being through national ambient air quality standards
• This represents acceptable levels of pollution beyond which
the people are deprived of their Section 24 right is to air that is
safe and not harmful to their health and well-being
• Reflects the continuous improvement approach of the AQA
• S9 of NEMAQA – defined standards for particulate matter
(PM10, PM2.5) sulphur dioxide, nitrogen dioxide, ozone,
carbon monoxide, lead, benzene,
 National Ambient Air Quality Monitoring Network
• There are currently 130
government owned stations
across the country
• Of these an average of 50
are reporting to SAAQIS
monthly
• By end 2017 about 50 will
be reporting LIVE
Richards Bay Clean Air Association
Richards Bay Clean Air Association
South African Air Quality Information System (SAAQIS)
Promoting access to air quality information – Public
• DEA in partnership with the South African Weather Service have developed
the SAAQIS
• One stop-shop for all AQ related information, legislation, documentation,
AQO contacts etc. www.saaqis.environment.gov.za
• LIVE reporting at the core of the webpage, INDEX, POLLUTANTS,
METEOROLOGY
• Interactive Learners Corner with exciting information on AQ for school
children and the public
• SAAQIS being upgraded and will be LAUNCHED next week
SAAQIS New Website (as of 11:05 this morning)
 SAAQIS APP – Ambient Monitoring Information
• Will be available on Android and
on IOS in a few days
• LIVE INDEX, POLLUTANTS,
METEOROLOGY
– Ability to plot historical data
– Generate reports
– Set APP for personal use with
specific stations of interest,
settings
 Plans for the Future
• Continued implementation of the AQA and its National
Framework
– Managing listed activities, AQMP etc.
• Launching SAAQIS
• National Ambient Monitoring Strategy
• Health Study in the Highveld Priority Area
• Cost Benefit Analyses in AQ Management
 Thank You!
[email protected]
012 399 9192