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annexure-b-1-ae05ca5f3c13a16f.pdf
A letter from the Centre for Environmental Rights (CER) to the South African Minister of Health, requesting the Department of Health's participation in the Highveld Priority Area (HPA) Multi-Stakeholder Reference Group meetings to address the severe health impacts of air pollution.
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Document type: Statement
Medupi Flue Gas Desulphurisation: Technology Selection Study Report
The report recommends the installation of Wet FGD (WFGD) technology without a flue gas cooler for the Medupi Power Station in South Africa. While Dry FGD (CFB) uses less water, it is rejected due to 53% higher operating costs, 9% higher capital costs, and the requirement for high-quality lime sourced from the Northern Cape. WFGD is preferred for its higher efficiency on high-sulphur coals, its ability to use local lower-quality limestone to stimulate regional economic development in Lephalale, and its alignment with the Phase 2A water augmentation project.
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Document type: Report
KM_C454e-20200915142604
A letter from the Vaal Environmental Justice Alliance (VEJA) dated 15 September 2020, confirming the appointment of the Centre for Environmental Rights (CER) as its attorneys of record to appeal a decision regarding emission standards for an ArcelorMittal facility.
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Document type: Statement
SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal and technical submissions on the draft Air Quality Management By-law for the Ngkawi District Municipality (NDM). The CER recommends aligning the by-laws with national legislation, such as the National Environmental Management: Air Quality Act (AQA) and the National Environmental Management Act (NEMA), and suggests stricter local emission and dust standards to protect human health, particularly given the area's location within a High Priority Area (HPA).
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Document type: Report
annexure-c_-gem09_l011_eskom_sumbission_proposed-minimum-emission_standards_feb09-1-59bb62391cb6b41c.pdf
A submission from Eskom to Working Group 1 requesting revisions to proposed Minimum Emission Standards for power plants, specifically regarding particulate matter (PM) limits for existing plants and sulfur dioxide (SO2) limits for new plants.
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Document type: Statement
annexure-d-eskom_s-comments-on-notice-of-intention-to-amend-the-list-of-activities-nemaqa-91d9e06058865dae.pdf
This document is a formal statement from Eskom Holdings SOC Limited submitted to the Department of Environmental Affairs on 22 June 2017. It provides comments and recommendations regarding the 'Notice of Intention to Amend the List of Activities which Result in Atmospheric Emission' under the National Environmental Management: Air Quality Act (39/2004). Eskom argues that the proposed emission standards lack comprehensive cost-benefit analysis and could lead to severe financial and operational burdens, potentially necessitating significant electricity tariff increases.
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Document type: Statement
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.
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Document type: Statement
annexure-d_gem09_l019_emission_standards_compliance_timeframes_mar09-1-979b3ed0e8512e11.pdf
A letter from Eskom to the South African Bureau of Standards (SABS) detailing the company's position on compliance timeframes for proposed Minimum Emission Standards for its coal-fired power stations.
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Document type: Statement
annexure-e_gem11_l175_comments_mes-listed-activities-amendments_sept2011-1-e7df962682fa63d1.pdf
A letter from Eskom to the South African Department of Environmental Affairs providing comments on draft amendments to the Listed Activities and Associated Minimum Emission Standards under the National Environmental Management: Air Quality Act (Act No 39 of 2004).
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Document type: Statement
annexure-f_eskom-comments-of-the-draft-emission-standards-to-direct-general-dea-24-august-2009-1-217fae1117217c92.pdf
A 2009 statement from Eskom to the South African Department of Environmental Affairs (DEA) regarding draft minimum emission standards. Eskom expresses support for the standards as a long-term goal but argues that the proposed timeframes and limit values are practically and financially unfeasible for its existing power station fleet due to resource constraints and economic impacts.
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Document type: Statement
annexure-g_submission-to-the-parliament-portfolio-committee-on-water-and-dea-april-2013-1-200121e7f260bef7.pdf
In a submission to the Parliament Portfolio Committee on Water and Environmental Affairs dated 12 April 2013, Eskom expresses concerns that full compliance with the Minimum Emission Standards (MES) for Listed Activities under the National Environmental Management: Air Quality Act, 2004, would threaten energy security and increase electricity tariffs. While supporting the act in general, Eskom argues that the standards ignore local scientific evidence and resource constraints, specifically regarding water availability and capital costs.
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Document type: Statement
annexure-h_eskoms-response-to-deas-additonal-information-request-in-terms-of-the-postponement-applications_camden-power-station-4cfac5ed4422baee.pdf
This document is a response from Eskom to the Department of Environmental Affairs (DEA) regarding a request for additional information on the postponement application for the Camden Power Station to comply with Minimum Emission Standards (MES). Eskom states that the station will not comply with 'new plant' standards for particulate matter (PM), sulfur dioxide (SO2), or nitrogen oxides (NOx) before its expected decommissioning between 2020 and 2023.
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Document type: Briefing
annexure-h_eskoms-response-to-deas-additonal-information-request-in-terms-of-the-postponement-applications_hendrina-power-station-d57cbbdc7c872fea.pdf
This briefing, dated 17 July 2014, is a response from Eskom to the South African Department of Environmental Affairs (DEA) regarding a postponement application for the Hendrina Power Station to comply with Minimum Emission Standards (MES). Eskom outlines current stack emission limits, its lack of plans to upgrade the station for certain pollutants, and provides ambient air quality monitoring data showing non-compliance for particulate matter.
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Document type: Briefing
annexure-h_eskoms-response-to-deas-additonal-information-request-in-terms-of-the-postponement-applications_komati-power-station-75b77503ae5b7ee9.pdf
Eskom's 2014 response to the DEA regarding the Komati Power Station's request to postpone compliance with Minimum Emission Standards (MES). Eskom states it has no plans to upgrade the station to meet 'new plant' limits for PM, SO2, and NOx because the station is old (commissioned 1961-1966) and slated for decommissioning between 2024 and 2028. While the station complies with ambient SO2 and NOx standards, it is in non-compliance with ambient PM10 standards, recording between 82 and 162 exceedances of the 24-hour limit per year. Eskom argues that further emission reductions at Komati would not meaningfully improve ambient PM levels as the station's contribution is small compared to total levels.
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Document type: Briefing
annexure-h_eskoms-response-to-deas-additonal-information-request-in-terms-of-the-postponement-applications_lethabo-power-station-8abc67952e171fd4.pdf
This document is a letter from Eskom to the Department of Environmental Affairs (DEA) dated 17 July 2014, providing additional information to support a postponement application for the Lethabo Power Station's compliance with Minimum Emission Standards (MES). Eskom outlines current stack emission limits, argues that full compliance by 2015 and 2020 is not practically feasible, and provides ambient air quality monitoring data and a register of public complaints regarding pollution.
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Document type: Briefing
annexure-ra4-part-1-of-2-9a947b2b42b83d58.pdf
This document consists of a series of legal filings and affidavits submitted to the High Court of South Africa, Gauteng Division, Pretoria, regarding the 'Air Quality' and 'Energy Transition' legal challenges. The filings focus on the environmental and health impacts of coal-fired power stations, specifically the impact of air pollution on local communities and the necessity of transitioning to cleaner energy sources to meet constitutional and environmental obligations.
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Document type: Report
annexures-part-2-a-5c0e968dca8cb11d.pdf
This document is an affidavit deposed by Moegamat Ishaam Abader, Acting Director-General of the National Department of Environment, Forestry and Fisheries, responding to the submissions of Mr. Boyd, a United Nations Special Rapporteur admitted as an amicus curiae in a High Court of South Africa case. Abader argues that Mr. Boyd's affidavit is biased, relies on inadmissible hearsay evidence, and fails to distinguish between binding 'hard law' and non-binding 'soft law' in international environmental law. The affidavit asserts that South African courts must balance environmental protection with the constitutional mandate for sustainable development and socio-economic progress, and that the state's obligations are to be realised progressively within available resources.
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Document type: Statement
arcelormittal-newcastle-decision-applicant-9d9900b06cf24d5f.pdf
A letter from the South African Department of Environmental Affairs to ArcelorMittal South Africa Limited (Newcastle Steel Works) detailing the National Air Quality Officer's decisions regarding applications for alternative limits and the postponement of compliance time-frames for minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
00206BBA608D200323172756
A statement from the South African Department of Environmental Affairs to the Amajuba District Municipality regarding the application by ArcelorMittal South Africa Limited (Newcastle Steel Works) for alternative limits or postponed compliance with the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards.
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Document type: Statement
00206BBA608D200323172746
A decision letter from the South African Department of Environmental Affairs granting ArcelorMittal South Africa Limited (Pretoria Steel Works) a suspension of compliance time-frames for specific minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004 for the period from 1 April 2020 to 31 March 2030.
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Document type: Statement