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APPEAL IN TERMS OF SECTION 62 OF OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S KOMATI POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP313/12/12 ORIGINALLY ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights, representing environmental justice organisations, appealed the Atmospheric Emission Licence (AEL) for Eskom's Komati Power Station. The appeal argues that the AEL illegally allows Eskom to exceed national Minimum Emission Standards (MES) for NOx and SO2, ignoring the critical air quality failure in the Highveld Priority Area and the resulting health impacts on the population.
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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 submissions on a draft Air Quality Management By-law, advocating for stronger public participation, mandatory rather than discretionary emission standards, and the removal of 'rectification' provisions for unlawful activities.
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Document type: Statement
PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS
The Centre for Environmental Rights (CER), representing the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary comments on the draft Air Quality Management Plan (AQMP) and draft Air Quality Management By-laws for the Nkangala District Municipality (NDM). The CER argues that the NDM has delayed its legal obligations under the National Environmental Management: Air Quality Act, 2004, and has failed to provide stakeholders with adequate time or technical support to meaningfully participate in the drafting process.
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Document type: Statement
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR CLARIFICATION
The Centre for Environmental Rights (CER) sent a letter to the National Air Quality Officer (NAQO) on 7 April 2015 requesting urgent clarification on decisions regarding Eskom's applications to postpone compliance with minimum air quality emission standards (MES). The CER identifies numerous discrepancies between Eskom's applications and the final decisions regarding postponement periods and emission limits for various pollutants, including particulate matter (PM), sulphur dioxide (SO2), and nitrogen oxides (NOx).
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Document type: Statement
SUBMISSIONS ON THE DRAFT NKANGALA AIR QUALITY MANAGEMENT PLAN
The Centre for Environmental Rights (CER) provides submissions on the first draft of the Nkangala District Municipality (NDM) Air Quality Management Plan (AQMP). The CER identifies significant gaps in technical and financial capacity, a lack of alignment with the Highveld Priority Area (HPA) AQMP, and deficiencies in health impact assessments and monitoring. The submissions call for the NDM to prioritize staffing, ensure transparency in air quality data, and implement stricter dust control regulations.
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Document type: Statement
Restoring Blue Skies: Key Insights from 2014 Air Quality Workshop
This briefing outlines key insights and guiding principles for improving air quality in China, developed during a September 2014 workshop in Beijing. It proposes a framework based on ten guiding principles, fiscal policy alignment, robust management systems, full enforcement of laws, and targeted sectoral policies to reduce both air pollutants and greenhouse gases.
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Document type: Briefing
South Africa: Toxic air is now legal
A statement by Friends of the Earth International criticizing the South African government's February 2014 decision to grant air quality standard postponements to major industrial entities, including Eskom, Sasol, and Engen, which the organization argues prioritizes corporate profit over public health.
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Document type: Statement
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR COPIES OF DECISIONS, AND REQUEST FOR REASONS IN TERMS OF S5 OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT, 2000
The Centre for Environmental Rights (CER), representing various environmental NGOs and community groups, has requested the Department of Environmental Affairs to provide copies of decisions and written reasons regarding the postponement of compliance time-frames for minimum air quality emission standards for 35 facilities.
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Document type: Statement
NKANGALA IMPLEMENTATION TASK TEAM (ITT) MEETING ON 13 NOVEMBER 2014
The Centre for Environmental Rights (CER) sent a letter to the chairperson of the Nkangala District Municipality (NDM) Implementation Task Team (ITT) on 29 October 2014. The letter outlines specific requests for the 13 November 2014 meeting and future ITT meetings to ensure the proper implementation of the Air Quality Management Plan (AQMP) for the Highveld Priority Area (HPA).
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Document type: Statement
ADDITIONAL SUBMISSIONS ON ESKOM’S APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: FOCUSSING ON ESKOM’S RESPONSES REGARDING HEALTH IMPACTS, FUTURE COMPLIANCE AND MONITORING DATA
The Centre for Environmental Rights (CER) submitted a statement to the Department of Environmental Affairs (DEA) opposing Eskom's applications to postpone compliance with Minimum Emission Standards (MES). The CER argues that Eskom failed to provide required health impact assessments and future compliance plans, while monitoring data indicates that Eskom's emissions cause frequent, year-round exceedances of air quality guidelines, contributing to significant regional health risks.
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Document type: Statement
Open letter to Environmental Affairs Minister Edna Molewa on talks with Sasol
An open letter from 11 civil society and community organisations to South Africa's Minister of Environmental Affairs, Edna Molewa, urging the government to reject requests for exemptions from air pollution standards by Sasol and the National Petroleum Refiners of SA (Natref).
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Document type: Statement
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The CER argues that the draft regulations contain overly broad confidentiality restrictions that hinder public access to emissions data, contradicting international best practices and South African constitutional and statutory principles.
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Document type: Statement
ESKOM’S APPLICATIONS FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: ESKOM HEALTH STUDIES
The Centre for Environmental Rights (CER) submitted a letter to the Department of Environmental Affairs on 24 June 2014, arguing that Eskom failed to conduct necessary health impact assessments for its applications to postpone Minimum Emission Standards (MES). The CER highlights expert estimates of significant premature deaths and economic costs resulting from Eskom's emissions and notes that Eskom previously withheld its own internal health risk reports from the public.
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Document type: Statement
REPLY TO ESKOM’S ISSUES AND RESPONSE REPORT APPENDIX F TO THE PUBLIC PARTICIPATION PROCESS REPORT DATED FEBRUARY 2014
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted a formal reply on 24 March 2014 challenging Eskom's applications for postponement from the Minimum Emission Standards (MES). The CER disputes Eskom's claims that its power stations have a marginal impact on air quality and health, arguing that Eskom's Atmospheric Impact Reports (AIRs) are anecdotal, use insufficient modeling domains, and fail to quantify the health risks associated with secondary PM2.5 formation and mercury emissions.
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Document type: Statement
COMMENTS ON THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSET POLICY
The Centre for Environmental Rights (CER), acting for several environmental justice organisations, submitted comments on the Department of Environmental Affairs' (DEA) Draft Air Quality Offset Policy. The CER and its clients oppose the use of offsets in principle, arguing they serve as a "cheap option to avoid compliance" with emission standards and could undermine the constitutional right to a healthy environment. The submission highlights significant gaps in the draft policy, including a lack of clear criteria for determining offsets, poor institutional capacity for monitoring and enforcement, and failure to address equity and distributional effects.
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Document type: Statement
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on 21 February 2014 regarding the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The submission primarily argues that the draft regulations fail to ensure adequate public access to atmospheric emission data and provides recommendations to align the regulations with constitutional rights to information and a healthy environment.
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Document type: Statement
OBJECTIONS TO THE VARIATION OF THE ATMOSPHERIC EMISSION LICENCE FOR ESKOM’S DUVHA POWER STATION
The Centre for Environmental Rights, representing various community and environmental groups, submitted formal objections on 14 February 2014 against Eskom's application to vary the Atmospheric Emission Licence (AEL) for the Duvha Power Station. The objections center on the potential for increased particulate matter (PM) emissions, flawed environmental modelling, and the contradiction of the Highveld Priority Area's air quality goals.
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Document type: Statement
SUBMISSIONS ON ESKOM’S APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted preliminary representations opposing Eskom's applications to postpone compliance with Minimum Emission Standards (MES) for its coal-fired power stations. The CER argues that Eskom's applications are based on flawed atmospheric modelling, exaggerated compliance costs, and a failure to meet the legal requirements of the National Environmental Management: Air Quality Act (AQA) and the 2012 National Framework for Air Quality Management. The submission highlights that granting these postponements would increase pollution in declared Priority Areas and cause significant detrimental impacts on human health.
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Document type: Report
ADDITIONAL SUBMISSIONS REGARDING THE VARIATION OF THE ATMOSPHERIC EMISSION LICENCE FOR ESKOM’S KRIEL POWER STATION
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted a response to the Nkangala District Municipality opposing Eskom's application to vary the atmospheric emission licence for the Kriel Power Station. The CER argues that the variation would permit increased emissions of particulate matter (PM10) and mercury, leading to significant public health risks and economic costs, while challenging Eskom's dispersion modelling and cost calculations for abatement technology.
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Document type: Statement
AIR QUALITY OFFSET POLICY
The 'Air Quality Offset Policy' is a draft framework published by the Centre for Environmental Rights in January 2014. It proposes the use of environmental offsets—measures that counterbalance adverse atmospheric emissions—to balance South Africa's economic growth and industrial development with the constitutional right to a healthy environment. The policy outlines principles for offset design, specific application scenarios such as license variations or postponements, and the roles of applicants, licensing authorities, and communities in implementing these measures.
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Document type: Policy brief