SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS

The Centre for Environmental Rights (CER), on behalf of groundWork and Earthlife Africa, submits a formal objection to Eskom's application for exemptions from Minimum Emission Standards (MES) for eight coal-fired power stations under section 59 of the Air Quality Act (AQA). The submission argues that these exemptions violate the constitutional right to a healthy environment, particularly for residents in Priority Areas, and that Eskom has failed to justify its 14-year delay in achieving compliance.

• The CER and its clients object to Eskom's use of section 59 of the AQA to seek exemptions from the Minimum Emission Standards (MES) for eight power stations, arguing that this approach is "regressive" and "a weakening of the air quality legal regime".
• The submission asserts that Eskom has had more than 14 years to comply with the MES since the List of Activities was published on 31 March 2010, and that the company has failed to provide a reasonable explanation for this delay.
• The document highlights that the High Court in the 'Deadly Air' case found that air pollution levels in the Highveld Priority Area (HPA) breach residents' constitutional rights to an environment not harmful to health and well-being.
• A 2023 report by the Centre for Research on Energy and Clean Air (CREA) suggests that full MES compliance at plants operating beyond 2030 would avoid 2,300 deaths per year and economic costs of R42 billion (USD 2.9 billion) annually.
• The CER criticizes Eskom's Health Cost Benefit Analysis (CBA) for the HPA, stating it systematically undervalues health benefits by using outdated 2011 census data, omitting significant morbidity impacts, and limiting the pollution impact model to 33 km from power plants.
• The submission argues that Eskom's air quality offset programs are an insufficient substitute for legal compliance, as they primarily reduce indoor pollution rather than the larger issue of ambient air pollution caused by tall stack emissions.
• The document states that Eskom failed to conduct a children's right impact assessment as required by the UN Committee for the Rights of the Child's General Comment 26, which was published on 22 August 2023 prior to the exemption applications.
• Eskom claims that retrofitting certain stations is technically or economically unfeasible; for example, it estimates the capital expenditure for installing a Flue Gas Desulphurisation (FGD) system at Kendal power station at R44.4 billion with annual operating costs of R1 billion.
• The CER proposes a comprehensive mitigation package if exemptions are granted, including the funding of mobile clinics for asthma and respiratory care, real-time public emission data, and the installation of filtration systems in community buildings like schools and clinics.

APA

Centre for Environmental Rights (2024). SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS. https://cer.org.za/wp-content/uploads/2024/12/gW-and-ELA-Objections-to-the-s59-Exemption-Applications-6.12.2024.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS. 2024. https://cer.org.za/wp-content/uploads/2024/12/gW-and-ELA-Objections-to-the-s59-Exemption-Applications-6.12.2024.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS |date=6 December 2024 |url=https://cer.org.za/wp-content/uploads/2024/12/gW-and-ELA-Objections-to-the-s59-Exemption-Applications-6.12.2024.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2024submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS}}, publisher = {Centre for Environmental Rights}, year = {2024}, month = dec, url = {https://cer.org.za/wp-content/uploads/2024/12/gW-and-ELA-Objections-to-the-s59-Exemption-Applications-6.12.2024.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }