ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004

A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.

• The Life After Coal (LAC) campaign objects to Eskom applying for exemptions from the Minimum Emission Standards (MES), noting that Eskom has submitted applications to the National Air Quality Officer (NAQO) to delay or avoid compliance for 14 of its 15 coal-fired power stations.
• The LAC campaign argues that Eskom is legally prohibited from seeking exemptions from the MES because these standards are national emission standards falling under section 9 of the Air Quality Act (AQA), and section 59(1)(b) of the AQA explicitly forbids exemptions from section 9.
• The document asserts that Eskom is the largest air polluter in South Africa, with its 15 coal-fired power stations located within the country's three priority areas, which remain in non-compliance with National Ambient Air Quality Standards (NAAQS).
• The LAC campaign contends that granting MES exemptions would be regressive and set a dangerous precedent, potentially encouraging other industry players to seek similar exemptions and undermining future carbon dioxide emission limits under an imminent Climate Change Act.
• The LAC campaign highlights that Eskom is responsible for 40% of South Africa's carbon emissions.
• The LAC campaign requests that if the Minister considers Eskom's applications, Eskom must be required to notify relevant organs of state, interested persons, and the public in accordance with section 59(3) of the AQA.

APA

Centre for Environmental Rights (2020). ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004. https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779

Chicago

Centre for Environmental Rights. ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004. 2020. https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 |date=3 November 2020 |url=https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2020eskoms, author = {{Centre for Environmental Rights}}, title = {{ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004}}, publisher = {Centre for Environmental Rights}, year = {2020}, month = nov, url = {https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }