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DRAFT AMENDMENT TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004’S LIST OF ACTIVITIES WHICH RESULT IN ATMOSPHERIC EMISSIONS WHICH HAVE OR MAY HAVE A SIGNFICANT DETRIMENTAL EFFECT ON THE ENVIRONMENT, INCLUDING HEALTH, SOCIAL CONDITIONS, ECONOMIC CONDITIONS, ECOLOGICAL CONDITIONS OR CULTURAL HERITAGE
The Centre for Environmental Rights (CER), acting for groundWork and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Department of Environmental Affairs on 31 January 2012. The document objects to proposed amendments to the National Environmental Management: Air Quality Act, 2004’s list of activities resulting in atmospheric emissions, arguing that the changes generally relax emission limits, extend compliance time-frames, and were developed through a non-transparent process that favored industry representatives over affected communities.
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Document type: Statement
STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011
The Centre for Environmental Rights (CER) argues that the South African Weather Service Amendment Bill, 2011, introduces problematic penalties for issuing air pollution-related warnings without permission. CER contends this could criminalise independent air quality monitoring and contradict existing protections in the National Environmental Management Act (NEMA). They propose removing the 'air pollution-related warning' offence and explicitly aligning the Weather Service's objectives with the Constitution and NEMA.
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Document type: Statement
2009-ellis-q1525-delay-in-commencement-of-air-quality-act-8dc930004f691880.pdf
The Minister of Water and Environmental Affairs explains that the National Environmental Management: Air Quality Act, 2004 (AQA) partially commenced in 2005, with full implementation targeted for 2009/2010. Full commencement was delayed to ensure local governments had sufficient specialist capacity and to allow for the creation of new emission standards and activity lists. The Minister also confirms that FIFA World Cup organisers set no minimum air quality conditions for stadiums.
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Document type: Briefing
2014-05-30-fa46-natref-submission-05-2012-018e25d4b2c23688.pdf
A June 2012 submission by the Natref refinery to the South African Department of Environmental Affairs (DEA) regarding proposed Minimum Emission Standards (MES). Natref argues that inflexible national point source emission standards are impractical for existing facilities and proposes a 'bubble' approach to emissions management to ensure socio-economic sustainability and energy security.
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Document type: Report
2014-05-30-fa5-national-framework-75c8ca9b70909c3a.pdf
The 2007 National Framework for Air Quality Management is a regulatory blueprint established by the South African Minister of Environmental Affairs and Tourism under Section 7(1) of the National Environmental Management: Air Quality Act, 2004 (AQA). It provides a medium- to long-term plan to implement the AQA, focusing on pollution prevention at source and impact management to ensure ambient air is not harmful to health or well-being.
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Document type: Report
2014-05-30-fa52-natref-submission-to-dea-10-2012-530e4ff6e1ac4773.pdf
This October 2012 submission from the Natref refinery to the South African Department of Environmental Affairs (DEA) argues that the proposed Minimum Emission Standards (MES) are technically and socio-economically unsustainable for existing inland refineries. Natref advocates for a "bubble" approach to emissions management rather than a point-source approach and requests separate, less stringent limits for existing facilities compared to new plants.
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Document type: Report
amsa-sca-heads-e81b1214d39d94de.pdf
This document consists of the practice note, chronology, and heads of argument filed by Arcelormittal South Africa Ltd (AMSA) in the Supreme Court of Appeal of South Africa. AMSA is appealing a High Court judgment that ordered it to disclose environmental records to the Vaal Environmental Justice Alliance (VEJA) under the Promotion of Access to Information Act 2 of 2000 (PAIA). AMSA argues that VEJA failed to meet the 'need to know' threshold required for requests to private bodies and that there is no legal right for a private NGO to act as a regulatory 'watch-dog' to monitor a private company's environmental compliance.
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Document type: Briefing
dd11-dd121-d8cbb8544f3abd0f.pdf
The document contains excerpts from the 2007 and 2012 National Frameworks for Air Quality Management in South Africa. It outlines the identification of pollutants of concern, the process for rating municipalities based on air quality status, and the establishment of national priority areas to address air pollution.
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Document type: Report
fa44-concerned-letter-from-sasol-to-dept-of-energy-dated-20-april-2012-7762e7306f5d949b.pdf
A letter from Sasol to the South African Department of Energy dated 20 April 2012, detailing concerns that compliance with the National Environmental Management: Air Quality Act (AQA) may negatively impact national energy security and increase operational costs for the energy industry.
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Document type: Statement
fa72-report-prepared-by-sasol-infrachem-dated-april-2014-96a1d5f3cba39bb0.pdf
This April 2014 report is a draft motivation by Sasol Infrachem for exemption from the default application of certain Minimum Emissions Standards (MES) published in Government Notice No. 893 (GN 893) under the National Environmental Management: Air Quality Act (NEMAQA). Sasol Infrachem argues that strict compliance with certain existing and new plant standards is technically or financially unachievable for specific point sources at its Sasolburg complex. The document proposes alternative emissions limits as license conditions and provides an Atmospheric Impact Report (AIR) to demonstrate that these alternatives maintain ambient air quality within National Ambient Air Quality Standards (NAAQS).
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Document type: Report
infrachem-ael-66248f7a6e89d45c.pdf
This document is an Atmospheric Emissions Licence (AEL) issued by the Fezile Dabi District Municipality to Sasol Chemical Industries (Pty) Ltd for its operations in Sasolburg. The licence, reference number FODM-MET-2013-23, converts a previous Atmosphere Pollution Prevention Act Registration Certificate into an Air Quality Act Atmospheric Emissions Licence. It outlines the legal conditions, permitted listed activities, process descriptions, emission limits, and monitoring requirements for various industrial units including steam stations, reformers, and chemical plants.
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Document type: Report
THE MYTH OF “CLEAN COAL”
The document asserts that "clean coal" is impossible, as the entire coal cycle—from mining to combustion—causes severe damage to health, water, and the climate. It critiques three specific technologies: High Efficiency, Low Emissions (HELE) plants, which only reduce CO2 by up to 20% while increasing costs; Circulating Fluidised Bed (CFB) systems, which increase solid waste and N2O emissions; and Carbon Capture and Storage (CCS), which remains unproven in South Africa and faces high costs and geological transport challenges. The text highlights that Eskom and Sasol are primary coal users in South Africa, and that wind and solar power are cleaner, cheaper alternatives.
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Document type: Fact sheet
record-13.1-pg-1-12-bfcc809d073ef84e.pdf
This document is an internal Air Quality Strategy from Eskom, a South African state-owned electricity utility. It outlines a framework to reduce atmospheric emissions of particulates, sulphur dioxide (SO2), oxides of nitrogen (NOx), and heavy metals from its power stations to ensure compliance with South African legislation, specifically the National Environmental Management: Air Quality Act, No 39 of 2004 (NEMAQA). The strategy details specific emission targets based on plant age, proposed technical retrofits, resource requirements, and the integration of air quality management with water, coal, and climate change strategies.
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Document type: Report
record-13.2-pg-1-10-1ee4e46b62189b90.pdf
The Eskom Air Quality Strategy (April 2020) outlines a phased approach to reducing atmospheric emissions from its power stations to comply with South African legislation and maintain its licence to operate. The strategy focuses on particulate matter (PM), sulphur dioxide (SO2), oxides of nitrogen (NOx), and mercury, utilizing a combination of operational improvements, emission abatement retrofits, and air quality offsets.
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Document type: Report
record-13.3-pg-1-12-9b23b534bd7277b8.pdf
The Eskom Air Quality Improvement Plan (Unique Identifier: 32-1143, Revision 1) outlines a strategy to reduce particulate matter (PM), sulphur dioxide (SO2), oxides of nitrogen (NOx), and mercury emissions from Eskom's power stations to comply with South African air quality legislation and maintain its 'licence to operate'. Approved by the Board Social Ethics and Sustainability Committee on 9 September 2016, the plan focuses on operational improvements, emission abatement retrofits, air quality offsets, and legal applications for leniency regarding Minimum Emission Standards (MES).
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Document type: Report
ArcelorMittal and the Responsibility of Stakeholders in the Steel Value Chain
The report examines the carbon-intensive nature of steel production, highlighting ArcelorMittal South Africa's (AMSA) increasing emissions and its impact on local communities in the Vaal triangle. It argues that ArcelorMittal Group maintains a double standard by prioritizing decarbonization in Europe over the Global South. The document identifies financial institutions (such as ABSA and the IFC) and the automobile industry (including Ford and Toyota) as key stakeholders with the leverage to push for a fossil-free transition. It recommends that ArcelorMittal end coal use by 2040 and provide verifiable asset-by-asset transformation plans by 2025.
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Document type: Report
THE REAL CO$T OF STEEL
The report by the Fair Steel Coalition examines the systemic environmental and human rights abuses linked to ArcelorMittal and Ternium. It identifies 'sacrifice zones' where marginalized communities of color face severe pollution and health risks. The document details case studies of land dispossession in Liberia, air and water contamination in South Africa and Brazil, and a pattern of violence and enforced disappearances of environmental defenders in Mexico. It concludes that corporate sustainability policies are superficial and calls for mandatory due diligence, a just transition in steel production, and accountability for human rights violations.
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Document type: Report
CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT
The Centre for Environmental Rights (CER) argues that South African local governments must be empowered to procure renewable energy to meet constitutional obligations under Section 24 of the Constitution, which guarantees the right to a healthy environment. The CER contends that the current reliance on Eskom's coal-fired power stations causes significant health crises, including thousands of premature deaths and high greenhouse gas emissions. It asserts that renewable energy is now the most cost-effective option and that interpreting the Electricity Regulation Act (ERA) to allow municipal procurement is essential for a just energy transition and the realization of sustainable development.
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Document type: Legal commentary