Implementing the Atmospheric Emission Licensing in the City of Tshwane - Presented by: Elizabeth Moatshe City of Tshwane Agric. & Environmental ...

Implementing the Atmospheric
Emission Licensing in the
City of Tshwane

                       Presented by: Elizabeth Moatshe
                                        City of Tshwane
                    Agric. & Environmental Management
                                       11 October 2010

Content
•   Governing legislation & policies
•   Administrative processes
•   AEL applications
•   Example of an AEL application
•   Ch ll
    Challenges
•   Recommendations
•   Conclusion

Governing
legislation/policies
• Constitution – section 24 of the Bill of Rights
• NEMA – Chapter 5 i.e. EIA listed activities requiring
  environmental
      i       t l authorisations
                    th i ti
• NEM: AQA – Chapter 5 i.e. licensing of listed
  activities
• PAJA
• TIEP
• CoT AQM Plan

Administrative
process
AEL PROCEDURE - pre-application engagement
• Provide application forms and advise on the AEL
  application process
• Determine the listing of the proposed activity
• Determine the necessity for an EIA application and
  listing of the activity in terms of the EIA regulations
• Provide applicant with information required in the
  specialist air quality report needed

Administrative
process cont…
• Additional copies of application are requested
• 1 electronic copy of the application
• The hard copies would then be distributed to the
  internal Municipal Health Services Department,
  Environmental Planning/Open Space Management (if
  an EIA application was required), GDARD and
  national DEA as commenting authorities
• Acknowledge
  A k      l d receipt
                     i t off application
                                li ti within
                                         ithi 07 d
                                                 days off
  submission (admin)

Administrative
process cont…
•   Inform Province
            Pro ince (GDARD) & DEA about
                                       abo t the application
•   Arrange an authorities meeting for assessment of
    documentation e.g. GDARD & DEA (list of
    documentation received attached)
•   Request additional information (in cases where
    inadequate
      adequa e information
                   o a o is s sub
                              submitted)
                                      ed) within 30 days o
                                                         of
    receipt
•   Compile all comments from internal departments, DEA
    and GDARD
•   Submit report and recommendation to AQO for
    consideration & decision making (Ex. Director)
•   Issue PAEL/AEL

AEL Applications
since 1 April 2010
• 1 Provisional AEL approved – category 2&5, sub-
  category 2.2 (storage and handling of petroleum
  products) & 5.8
              5 8 (Macadam preparation)
• 1 AEL application with AQO for approval – category
  4, sub-category 4.21(metal recovery)
• 1 AEL application received for assessment –
  category 4, sub-category 4.9 (Ferro-alloy production)
• Several inquiries
            q       from industryy wrt APPA p
                                            permits and
  AQA transition
• Advising on Council activities e.g. crematoria, asphalt
  plants power stations
  plants,        stations, quarry

Case Study: Macadam
Preparation AEL
application
 pp
• Complaints from community
• Investigation – industry without permit/environmental
  authorisation/ AEL
• Severity of problem (emissions-odour) needed
  immediate action
• Provincial GDARD EMI’s – Administrative action
  against industry
• Closure of activity (NEMA Section 24G)
• Rectification notice – included many aspects e.g..
  AEL EIA and
  AEL,         d Air
                 Ai Specialist
                     S     i li t Report
                                  R    t

Processing the AEL
application cont…
• Authorities meetings with GDARD and DEA
  application
    pp          submissions
• EIA evaluation done & environmental authorisation
  issued 3 days after the AEL authority received the air
  specialist
       i li t reportt
• Additional information on the air specialist report
  requested & evaluated by both DEA & the licensing
  authority
• PAEL issued within 49 days of receipt of the air
  specialist
       i li t reportt

Lessons learned
from the AEL
application
• Applicant (consultants) interfering with the
  administrative pprocess e.g.
                            g ppressure on authorities by    y
  politicians on administrators, lack of communication &
  consultation resulting conflicting authorisations
• Compliance
  C      li      monitoring
                    it i off AEL conditions
                                       diti    – difficult
                                                 diffi lt to
                                                           t
  sustain .
• Successes: relationship with DEA and GARD; setting
  up processes; buy in from top management and
  political will

Challenges
• License fee still to be determined
• Handling of controlled emitters (e.g. boilers smaller than
  50MW)
• Technical expertise on assessment of Air Specialist
  Reports (limited resources)
• Compliance monitoring and enforcement – reliance on
  GDARD & DEA
• PAEL/AEL conflicting conditions with Environmental
  Authorisations
• Capacity of air quality practitioners
• Amalgamation of CoT with other areas (Metsweding
  District)
• Non compliance by municipality itself (facilities)

Recommendations
• AEL fee calculator too cumbersome– should look at
  generic Government Gazetted fees
• SOP developed in collaboration with Province on
  AEL & Environmental Authorisations applications
• Municipalities should appoint specialists
• Designation of local authority officials to monitor and
  enforce compliance
• Announcement of controlled emitters/ By-lawy
  development to address gray areas

Conclusion
• AEL process not simple and the larger the activity the
  more complicated it gets
• Specialists are required
• Procedures should be simplified and made nationally
  applicable
• Very much a learning curve for all
• Relationship between National/Province/Local very
  important
    p

I Thank you for your attention