APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM

The Vaal Environmental Justice Alliance (VEJA) and groundWork have appealed a decision by the National Air Quality Officer (NAQO) to grant ArcelorMittal South Africa (AMSA) postponements and alternative emission limits for Hydrogen Sulphide (H2S) at its Vanderbijlpark facility. The appellants argue that the granted limits are unlawfully weaker than existing plant standards and that AMSA's history of environmental non-compliance makes it unfit to receive such leniency.

• The National Air Quality Officer (NAQO) granted ArcelorMittal South Africa (AMSA) postponements to comply with Minimum Emission Standards (MES) for Hydrogen Sulphide (H2S) at its Vanderbijlpark facility, setting alternative limits for five coke oven batteries (Batteries 4, 6, 7, 8, and 9) for the period from 1 April 2020 to 31 March 2025. These limits range from 30mg/Nm3 to 70mg/Nm3, which the appellants claim are "3-7 times weaker than the existing plant standards, and 4-10 times weaker than the new plant standards."
• The appellants argue that the NAQO's decision is unlawful because Section 11D of the Listed Activities explicitly prohibits the granting of postponements or suspensions of compliance timeframes for existing plant standards. They contend that existing plant standards should serve as the "line in the sand" and that granting more lenient limits effectively constitutes an "illegal exemption from the MES."
• The appeal highlights AMSA's extensive history of environmental non-compliance, noting that the company was issued a fine of R3.64 million on 20 June 2020 for a criminal offence related to H2S emissions. The document states that AMSA has "for decades, not complied with various environmental laws" and that previous commitments to build abatement technology have not resulted in meaningful change.
• The appellants assert that the NAQO failed to meet legal requirements for granting alternative limits under Section 12A of the Listed Activities. Specifically, they argue that AMSA is not in compliance with other emission standards (including SO2 and NOx) and that the Vaal Triangle Airshed Priority Area (VTAPA) frequently exceeds National Ambient Air Quality Standards (NAAQS), meaning the required condition of material compliance with ambient air quality standards was not met.
• The document claims that the NAQO's decision-making process was flawed because it was based on AMSA's current emission results rather than legislative standards. The appellants argue that basing a decision on what a facility is currently emitting is "irrational" and constitutes an "unlawful fettering of discretion."
• The appellants point to evidence from AMSA's own Air Impact Report suggesting that the company may never be able to comply with H2S standards due to the age of the plant, stating that achieving the prescribed standards is "unfeasible for Coke Batteries of the technology and age as those at AMSAVW."

APA

Centre for Environmental Rights (n.d.). APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM. https://cer.org.za/wp-content/uploads/2020/10/ANNEXURE-D-GW-VEJA-APPEAL-TO-THE-MINISTER-OF-DEFF-RE-AMSA-MES-15.09.2020.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM. n.d. https://cer.org.za/wp-content/uploads/2020/10/ANNEXURE-D-GW-VEJA-APPEAL-TO-THE-MINISTER-OF-DEFF-RE-AMSA-MES-15.09.2020.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM |url=https://cer.org.za/wp-content/uploads/2020/10/ANNEXURE-D-GW-VEJA-APPEAL-TO-THE-MINISTER-OF-DEFF-RE-AMSA-MES-15.09.2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndappeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/10/ANNEXURE-D-GW-VEJA-APPEAL-TO-THE-MINISTER-OF-DEFF-RE-AMSA-MES-15.09.2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }