SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)

The Centre for Environmental Rights (CER), representing various community-based and non-governmental organisations, submits that the 2018 Draft Amendments to the National Dust Control Regulations fail to address critical weaknesses in dust emission management and monitoring in South Africa. The CER argues that the reliance on the ASTM D1739 test method is inappropriate as it masks short-term high-emission events and does not protect human health. They advocate for the inclusion of 'best practicable environmental measures' (BPEM), mandatory PM10 monitoring, and specific geochemical and radionuclide analysis for dust from tailings storage facilities. The submission also emphasizes the need for stronger local government enforcement, particularly in priority areas like the Highveld, and calls for the regulations to take effect immediately rather than on 1 November 2019.

• The CER argues that the ASTM D1739 standard test method for measuring dustfall rate is 'not fit-for-purpose' because its extended averaging period prevents an 'immediate response to short-term incidents/activities' such as wind storms or demolition.
• The document asserts that the current definition of 'residential area' may exclude 'informal and traditional areas around mining operations', which would subject these vulnerable communities to higher dust levels (D ≤ 1200) in violation of the Constitution and the National Environmental Management Act.
• In the Highveld Priority Area (HPA), 49% of Particulate Matter (PM10) emissions are attributed to mine haul roads, highlighting the need for effective implementation of regulations by local government air quality officers.
• The CER recommends that the regulations require annual geochemical, chemical, and radionuclide analysis of dust from tailings storage facilities to determine 'chemical toxicity' and 'radiological toxicity' due to the health risks of radioactive and toxic dust.
• The submission argues that the 'non-anthropogenic' exemption in Regulation 5 is too ambiguous and should be restricted to 'arid areas only' and require an 'evidentiary onus' on the party claiming the exemption.
• The CER advocates for the mandatory monitoring of PM10 in accordance with ambient air quality standards, suggesting that the word 'may' in draft Regulation 18 be replaced with 'must'.

APA

Centre for Environmental Rights (2018). SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA). https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA). 2018. https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA) |date=25 June 2018 |url=https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = jun, url = {https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }