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Evaluating Eskom’s latest MES exemption request: Implications for air quality and public health
This briefing by the Centre for Environmental Rights evaluates Eskom's November 2024 request for Minimum Emission Standards (MES) exemptions for eight power stations. The authors argue that Eskom's cost-benefit analysis is fundamentally flawed, systematically underestimating the health benefits of compliance while prioritizing financial savings over public health and international air quality standards.
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Document type: Briefing
Final Synthesis Report
This final synthesis report by the Centre for Environmental Rights provides strategic and technical guidance on managing sulphur dioxide (SO2) emissions from old solid fuel combustion plants in South Africa, specifically focusing on Eskom and Sasol facilities. The report utilizes a cost-benefit analysis (CBA) to recommend minimum emission standards (MES) based on plant lifetime and economic viability, concluding that reducing SO2 emissions is technologically feasible and provides significant net societal benefits through improved public health and macroeconomic growth.
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Document type: Report
ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
PRIORITISATION OF THE CLIMATE CHANGE BILL AND OTHER PRESSING CLIMATE CONCERNS FOR 2020
A statement from the Centre for Environmental Rights, on behalf of the Life After Coal Campaign, urging the Portfolio Committee on Environment, Forestry and Fisheries to prioritise the Climate Change Bill and accelerate South Africa's transition away from fossil fuels to mitigate severe climate risks.
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Document type: Statement
National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008
The Centre for Environmental Rights (CER) provides a detailed table of comments and proposed amendments to the National Environmental Management Laws Amendment Bill, 2017. The document focuses on strengthening the National Environmental Management: Air Quality Act, 2004 (NEMAQA) and the National Environmental Management: Waste Act, 2008 (NEMWA), specifically regarding air quality governance, atmospheric emission licences (AELs), and the management of contaminated land.
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Document type: Report
OBJECTIONS TO THE 22 MAY 2019 PROPOSED AMENDMENTS TO THE LIST OF ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS IDENTIFIED IN TERMS OF SECTION 21 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
The Centre for Environmental Rights (CER), representing the Life After Coal campaign and several environmental justice alliances, formally objects to a proposed amendment by the Department of Environment, Forestry and Fisheries to double the Sulphur Dioxide (SO2) Minimum Emission Standard (MES) for new plants in sub-category 1.1 from 500 mg/Nm3 to 1000 mg/Nm3. The CER argues that this weakening of standards is unlawful, violates the South African Constitution's right to a healthy environment, and would lead to significant premature deaths and exacerbated air pollution in priority areas.
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Document type: Statement
THE LIFE AFTER COAL CAMPAIGN - CONCERNS AND RISKS RELATING TO THE PROPOSED INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATION PROJECTS UNDER BID WINDOW 1 OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
A statement from the Life After Coal Campaign to the South African Minister of Finance outlining financial, legal, and environmental risks associated with two proposed coal-fired power stations under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPP).
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Document type: Statement
ABSA GROUP LIMITED’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, urges ABSA Group Limited to withdraw financial support for the proposed Thabametsi and Khanyisa coal-fired power stations. The CER argues that these projects are not 'procured', face significant legal challenges, and contradict the 'least cost' options identified in the 2018 draft Integrated Resource Plan (IRP). The document highlights severe health risks for residents in the Waterberg-Bojanala and Highveld Priority Areas, high greenhouse gas emission intensities, and the potential for these projects to cost South Africa nearly R20 billion more than necessary.
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Document type: Statement
NEDBANK’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, urges Nedbank to withdraw financial support for the Thabametsi and Khanyisa coal-fired power plants. The letter argues that these projects are not 'least-cost' options, face significant legal challenges regarding environmental and generation licenses, and would cause severe health and climate impacts in South Africa.
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Document type: Statement
STANDARD BANK’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
A letter from the Centre for Environmental Rights (CER), on behalf of the Life After Coal Campaign, urging Standard Bank to withdraw financial support for the proposed Thabametsi and Khanyisa coal-fired power plants in South Africa.
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Document type: Statement
THE DEVELOPMENT BANK OF SOUTHERN AFRICA’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, has requested that the Development Bank of Southern Africa (DBSA) clarify its role in financing the Thabametsi and Khanyisa coal-fired power plants. The CER argues that financing these projects would be unreasonable due to their high greenhouse gas emissions, negative impacts on water and air quality, and the fact that South Africa currently has surplus base supply capacity.
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Document type: Statement
SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)
The Centre for Environmental Rights (CER), representing various non-governmental and community-based organisations, submitted comments to the Department of Environmental Affairs (DEA) regarding the 2018 Draft Amendments to the National Dust Control Regulations 2013. The CER argues that the draft regulations remain inadequate for protecting human health and the environment, particularly for mining-affected communities, and calls for more rigorous enforcement, better monitoring methods, and the inclusion of specific health-related analyses for toxic dust.
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Document type: Statement
RESPONSE TO MINISTER’S STATEMENT IN RELATION TO THE PROPOSED THABAMETSI & KHANYISA IPP COAL-FIRED POWER STATIONS
A letter from the Life After Coal Campaign and Greenpeace Africa to the South African Minister of Energy, objecting to the proposed Thabametsi and Khanyisa coal-fired independent power producer (IPP) projects. The authors argue that these projects are legally precarious, environmentally damaging, and economically unnecessary compared to renewable energy alternatives.
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Document type: Statement
OPPOSITION TO THE ESTABLISHMENT OF AN EXPERT PANEL ON SULPHUR DIOXIDE (SO2) ABATEMENT SOLUTIONS
The Centre for Environmental Rights (CER), representing several environmental justice organizations, formally opposes the Department of Environmental Affairs' (DEA) proposal to establish an expert panel to find solutions for sulphur dioxide (SO2) abatement. The CER argues that such a panel would unnecessarily delay compliance with Minimum Emission Standards (MES), duplicate previous multi-stakeholder processes, and potentially lead to an unlawful weakening of environmental standards for major polluters Eskom and Sasol.
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Document type: Statement
LIFE AFTER COAL CAMPAIGN - ESKOM’S NON-COMPLIANCE WITH OBLIGATIONS TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT REMAINS A MATERIAL LIABILITY
A letter from the Life After Coal Campaign to the Chairman of Eskom's Board of Directors, arguing that Eskom's reliance on coal-fired power is economically unsustainable and creates severe liabilities regarding human health, water, and the environment.
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Document type: Statement
RELEVANT INFORMATION CONCERNING ESKOM – A STUDY BY MERIDIAN ECONOMICS
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a letter to the Portfolio Committee on Environmental Affairs on 27 November 2017. The letter highlights findings from a study by Meridian Economics regarding Eskom's financial crisis and the viability of coal-fired power in South Africa, advocating for the accelerated decommissioning of specific power stations and the curtailment of new construction to save costs and improve air quality.
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Document type: Statement
PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
This document is a provisional appeal filed on 13 November 2017 by groundWork, represented by the Centre for Environmental Rights, against the transfer of a provisional atmospheric emission licence (PAEL) for the Khanyisa coal-fired power station. The appellant argues that the transfer from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd is invalid because the licence does not reflect the project's increased capacity of 600MW, fails to account for cumulative air quality impacts in the Highveld Priority Area, and was processed without required public participation or valid delegation of authority.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, submitted a letter to the IPP Office of the Department of Energy on 15 September 2017. The letter provides updates on legal and environmental challenges facing three proposed coal-fired power stations: Thabametsi, Khanyisa, and KiPower. The CER argues that these projects fail to meet the legal qualification criteria for financial close or preferred bidder status due to missing climate change impact assessments (CCIA) and pending disputes over environmental and water licenses.
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Document type: Statement
REQUEST FOR MEETING TO DISCUSS WAY FORWARD ON ESKOM’S NON-COMPLIANCE WITH EMISSION STANDARDS
The Centre for Environmental Rights (CER) requested a meeting with the Department of Environmental Affairs to discuss Eskom's non-compliance with emission standards. Based on a report by Professor Eugene Cairncross analyzing data from April 1, 2015, to March 31, 2016, the CER highlights widespread violations of PM10, NOx, and SO2 limits across multiple power stations and calls for stricter monitoring and reporting guidelines.
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Document type: Statement
COMMENTS ON THE DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW INCOME SETTLEMENTS
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the 2016 Draft Strategy to Address Air Pollution in Dense Low Income Settlements. While welcoming the document, the CER argues that it lacks measurable plans, adequate baseline data, and a strategy for community consultation to effectively address the health impacts of domestic fuel burning in South Africa.
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Document type: Statement