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APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vaal Environmental Justice Alliance, filed an appeal on May 28, 2015, against the atmospheric emission licence (AEL) FDDM-MET-2011-08-P1 issued to Eskom's Lethabo Power Station. The appeal argues that the Fezile Dabi District Municipality failed to consider critical health impacts and ambient air quality standards when varying the AEL to incorporate the National Air Quality Officer's (NAQO) decisions to postpone compliance with Minimum Emission Standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).
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Document type: Statement
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
NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN
The Nkangala District Municipality Air Quality Management Plan assesses air quality across six local municipalities, identifying significant pollution from industrial point sources, domestic fuel burning, and mining. It details ambient air quality exceedances for PM10, SO2, and NOx, identifies specific 'hot spots' such as eMalahleni and Middelburg, and outlines a comprehensive implementation plan to improve government capacity and reduce emissions by 2020.
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Document type: Report
DECISION ON APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE TIME-FRAMES FOR MINIMUM AIR QUALITY EMISSION STANDARDS: REQUEST FOR CLARIFICATION
The Centre for Environmental Rights (CER) has identified significant discrepancies in the National Air Quality Officer's (NAQO) decisions regarding Eskom's applications for postponement of minimum emission standards (MES). The CER highlights inconsistencies between the postponement periods and emission limits sought by Eskom and those actually granted, as well as a lack of clear commencement dates for certain standards. Specifically, the CER notes that for several power stations, the NAQO appears to have granted open-ended postponements for SO2 emissions 'until decommissioning' or implicitly granted 2020 MES postponements that were not explicitly requested. The document seeks formal clarification on these administrative inconsistencies to advise environmental justice organisations and impacted community groups.
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Document type: Statement
DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW-INCOME SETTLEMENTS
The Centre for Environmental Rights (CER) is calling on the South African Department of Environmental Affairs to formally publish the draft Strategy to Address Air Pollution in Dense Low-Income Settlements for public comment by 30 April 2015. The CER argues that residents in low-income settlements suffer disproportionate exposure to poor air quality from industrial sources and domestic fuel burning, leading to severe respiratory and cardio-vascular illnesses, particularly in children and the elderly. The document highlights that the strategy was a deliverable as far back as 2010 and is essential for local governments, such as the Nkangala District Municipality, to meet air quality compliance goals by 2020. The CER asserts that the state's failure to address these health risks violates constitutional rights to an environment not harmful to health and the progressive realisation of adequate housing.
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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
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
The letter argues that Sasol and Natref's court application to set aside air pollution regulations threatens public health and environmental rights, particularly in the Vaal Triangle and Highveld Priority Areas. The signatories contend that Sasol's high profitability makes its claims of prohibitive compliance costs immoral and that granting exemptions would set a dangerous precedent for other polluters, including Eskom.
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Document type: Statement
PRIORITY AREAS: MANAGEMENT OF MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS AND IMPLEMENTATION TASK TEAM MEETINGS
A letter from the Centre for Environmental Rights to the South African Department of Environmental Affairs requesting urgent improvements to the management of Multi-Stakeholder Reference Group (MSRG) and Implementation Task Team (ITT) meetings for designated air quality priority areas.
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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
OBJECTIONS TO THE VARIATION OF THE ATMOSPHERIC EMISSION LICENCE FOR ESKOM’S KRIEL POWER STATION
The Centre for Environmental Rights (CER), representing various community and environmental groups, submitted formal objections to Eskom's application to vary the Atmospheric Emission Licence (AEL) for the Kriel Power Station. The CER argues that the requested increase in particulate matter (PM) emissions would exacerbate poor air quality in the Highveld Priority Area, cause significant health impacts, and result from Eskom's own poor planning rather than a genuine emergency.
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Document type: Statement
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS
The document argues that Eskom's applications for emission standard postponements and exemptions are legally invalid because ambient air quality standards (AAQS) are already exceeded in the affected priority areas. It highlights significant health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider feasible alternatives such as renewable energy or decommissioning worst-performing plants. The submission also references a World Bank Inspection Panel report on the Medupi Power Plant, which found inadequate consideration of environmental principles, water scarcity risks, and cumulative health impacts.
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Document type: Statement
00206BB9DB98190509101147
The Department of Environmental Affairs (DEA) of South Africa responded to a request from the Centre for Environmental Rights (CER) to develop regulations for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The DEA declined this request, stating that the AQMP is a collaborative plan rather than a regulation and that existing air quality management tools are sufficient. The document also provides a detailed response to the 'Broken Promises' report, outlining progress in air quality governance, monitoring, and intergovernmental cooperation within the HPA.
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Document type: Statement
SUBMISSIONS ON THE REVISED DRAFT AIR QUALITY MANAGEMENT PLAN “ANNEXURE 2”
The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.
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Document type: Statement
KM_C658-20211103113231
The South African Department of Forestry, Fisheries and the Environment issued decisions on Eskom's applications for postponement, suspension, and alternative limits regarding Minimum Emission Standards (MES). While some power stations scheduled for decommissioning (such as Camden, Acacia, Port Rex, Kriel, Komati, Hendrina, and Grootvlei) were granted suspensions of compliance timeframes until 2026-2030, applications for Matla and Duvha power stations were largely refused due to failure to demonstrate compliance plans or meet legal requirements for alternative limits, particularly in priority areas.
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Document type: Statement
arnot-ael_april-2015-b7b67fb18afa1b35.pdf
This document consists of a formal letter and a variation of the Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Arnot Power Station. The letter, dated 20 April 2015, addresses Eskom's request to correct errors in the AEL, while the attached licence specifies the operational conditions, emission limits, and reporting requirements for the power station's activities.
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Document type: Report
camden-ael_april-2015-f45e0519cc504d2d.pdf
This document is an Atmospheric Emission Licence (AEL) issued on 31 March 2015 by the Gert Sibande District Municipality to Eskom Holdings SOC Limited for the Camden Power Station. The licence, issued under the National Environmental Management: Air Quality Act, 2004, regulates emissions from solid fuel combustion, petroleum storage, and coal handling, establishing specific operational requirements, emission limits, and monitoring obligations for a period not exceeding five years.
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Document type: Statement
cover-letter-cer-submissions-on-ndm-aqmp-by-law-_27-5-15-f703c28e373a7d09.pdf
A cover letter from the Centre for Environmental Rights (CER) submitting formal comments on the draft Air Quality Management Plan (AQMP) and Air Quality Management By-law for the Nkangala District Municipality on behalf of the Highveld Environmental Justice Network, groundWork, and Earthlife Africa, Johannesburg.
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Document type: Statement