SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION

The Centre for Environmental Rights (CER), on behalf of the Life After Coal campaign and the Highveld Environmental Justice Alliance Network (HEJN), submitted formal objections to Eskom's Background Information Document (BID) regarding a second postponement application for Minimum Emission Standards (MES) at the Tutuka Power Station. The submission argues that the application is legally impermissible because Tutuka is located in the Highveld Priority Area (HPA), where ambient air quality does not comply with National Ambient Air Quality Standards (NAAQS), a prerequisite for any postponement. The CER further contends that Eskom's request for a "rolling postponement" is equivalent to an illegal exemption and that the BID intentionally withholds critical information regarding pollutants, timeframes, and health impacts to mislead the public and decision-makers.

• The postponement application for Tutuka Power Station is legally invalid because it is located in the Highveld Priority Area (HPA), where air quality is in non-compliance with National Ambient Air Quality Standards (NAAQS). According to the Framework for Air Quality Management, a postponement is only possible if "ambient air quality standards in the area are in compliance, and will remain in compliance even if the postponement is granted".
• The CER argues that Eskom's attempt to secure a "rolling postponement"—applying for successive extensions until retrofitting is complete—is legally impermissible and constitutes an illegal exemption from the MES. The document states that such rolling postponements are "equivalent to illegal exemptions".
• The Background Information Document (BID) is described as defective and misleading because it omits essential data. Specifically, it fails to mention Tutuka's location in the HPA, neglects the Framework's requirements for postponement, and does not explicitly state the specific pollutants and timeframes for which the postponement is sought.
• Eskom has failed to provide a sufficient explanation for the delay in installing emissions abatement equipment. Despite being aware of the MES since at least 2010 and receiving a previous postponement in 2014, Eskom only planned to begin retrofitting in 2019, which the CER characterizes as a "wilful disregard" of the Department of Environmental Affairs' (DEA) decision.
• The proposed Atmospheric Impact Report (AIR) and Atmospheric Dispersion Modelling (ADM) are criticized for being unlawful and inadequate. The CER notes that the BID explicitly states the AIR "is not intended to conduct a detailed health or environmental risk assessment", which violates the AIR Regulations requiring an "analysis of emissions’ impact on human health".
• Research indicates severe health and economic costs associated with Tutuka Power Station's emissions. A 2017 study by Dr. Mike Holland found that Tutuka is responsible for 192 equivalent attributable deaths annually, over 1,000 cases of bronchitis in children and adults, and an economic loss of R2.4 billion per year.
• The proposed air quality modelling approach is rejected because it intends to model only emissions from Tutuka, ignoring other major sources within a 100km radius, such as other Eskom plants (e.g., Majuba, Camden) and the Sasol Synfuels plant. The CER argues this is not in accordance with international best practice.

APA

Centre for Environmental Rights (2018). SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION. https://cer.org.za/wp-content/uploads/2018/02/LAC-and-HEJN-comment-on-Tutuka-MES-postponement-BID-19.02.18.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION. 2018. https://cer.org.za/wp-content/uploads/2018/02/LAC-and-HEJN-comment-on-Tutuka-MES-postponement-BID-19.02.18.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION |date=19 February 2018 |url=https://cer.org.za/wp-content/uploads/2018/02/LAC-and-HEJN-comment-on-Tutuka-MES-postponement-BID-19.02.18.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = feb, url = {https://cer.org.za/wp-content/uploads/2018/02/LAC-and-HEJN-comment-on-Tutuka-MES-postponement-BID-19.02.18.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }