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RESPONDING STATEMENT TO THE APPEAL SUBMITTED BY THE CENTRE FOR ENVIRONMENTAL RIGHTS (CER) INTEGRATED ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: GN R543/544/545/546 AND THE NATIONAL ENVIRONMENTAL: WASTE ACT, 2008: GN 718 : THE CONSTRUCTION OF A 600MW INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, MPUMALANGA PROVINCE
This document is a responding statement submitted by Jones & Wagener (on behalf of Kuyasa Mining and KiPower) to the Department of Environmental Affairs (DEA). It addresses an appeal by the Centre for Environmental Rights (CER) against the granting of an integrated environmental authorisation for a 600MW coal-fired independent power plant near Delmas, Mpumalanga. The statement denies allegations that the project violates NEMA principles or environmental laws, arguing that the project aligns with the Department of Energy's Integrated Resource Plan (IRP) and employs Circulating Fluidised Bed (CFB) technology to mitigate pollutants.
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Document type: Statement
REQUEST FOR REVIEW AND STRENGHENING OF THE NATIONAL DUST CONTROL REGULATIONS
The Centre for Environmental Rights (CER), representing various non-governmental and community organisations, submitted a request to the South African Minister of Environmental Affairs on 16 October 2015 to review and strengthen the National Dust Control Regulations. The CER argues that the current regulations are ineffective at alleviating fugitive dust emissions in mining and industrial areas, particularly due to an over-reliance on a 30-day monitoring average and the use of a 'crude' measurement method (ASTM D1739) that fails to protect human health.
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Document type: Statement
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
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
DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW-INCOME SETTLEMENTS
The Centre for Environmental Rights (CER) issued a statement to the Director-General of the Department of Environmental Affairs calling for the urgent public release of the 'Strategy to Address Air Pollution in Dense Low-Income Settlements'. The CER argues that the delay in publishing this strategy, which was a deliverable as far back as 2010, hinders the state's ability to protect the constitutional rights of residents in low-income settlements who suffer from severe health impacts due to industrial emissions and domestic fuel burning.
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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
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
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT
The Centre for Environmental Rights (CER), representing several community groups and NGOs, submitted comments on July 19, 2013, opposing Eskom's applications for exemptions and postponements regarding Minimum Emission Standards (MES). The CER argues that such applications are legally invalid because ambient air quality standards (AAQS) are already exceeded in the priority areas where most Eskom plants are located. The document highlights severe health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider renewable energy alternatives or the decommissioning of worst-performing plants.
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Document type: Statement
00206BBA609F220406132021
This document is a supporting affidavit from Barbara Dallas Creecy, the Minister of the National Department for Forestry, Fisheries and the Environment, seeking leave to appeal specific orders made by the High Court of South Africa on 18 March 2022 regarding air pollution in the Highveld Priority Area.
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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
eskom-response-to-the-appeal-of-hendrina-power-station-ael-by-cer-e53adfc092a1ec8c.pdf
Eskom's formal response to an appeal by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Hendrina Power Station. Eskom argues that the requested variations to the AEL would make the station unable to operate from 2020 and maintains that the current postponements of Minimum Emission Standards (MES) are lawful and necessary due to the station's age and resource constraints.
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Document type: Statement
eskom-response-to-the-appeal-of-komati-power-station-ael-by-centre-for-environmental-rights-a515eaeb2159f7d2.pdf
This document is a formal response from Eskom to an appeal filed by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Komati Power Station. Eskom argues that the requested variations to the AEL would make the station's operation untenable from 2020 onwards and maintains that its application for a postponement of Minimum Emission Standards (MES) was lawful and technically justified.
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Document type: Statement
grootvlei-power-station-5f741b44913b4ace.pdf
The Grootvlei Power Station Annual Emissions Report for the 2016/17 financial year, submitted by Eskom to the Chief Air Quality Licensing Officer, details the station's pollutant emissions, the progress of a particulate matter reduction project, and compliance with atmospheric licenses.
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Document type: Report
KM_C554e-20150213195455
A letter from the South African Department of Environmental Affairs to Eskom regarding an application for the postponement of compliance time-frames with the National Environmental Management: Air Quality Act 39 of 2004 for the Kendal Power Station.
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Document type: Statement
khanyisa-affidavit-1-7ec7e1042a7ad55f.pdf
This document is an affidavit submitted by groundWork, a non-profit environmental justice organisation, to the National Energy Regulator of South Africa (NERSA). It presents supplementary objections to the license application by ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited to operate the Khanyisa coal-fired power plant. groundWork argues that the project is unnecessary due to excess energy capacity, would violate constitutional rights to a healthy environment, and poses severe risks to the air quality of the Highveld Priority Area and the water resources of the Olifants River catchment.
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Document type: Statement
komati-ael_31mar2016-5c9b24c1f2764ac6.pdf
This document is an Atmospheric Emission Licence (AEL) issued by the Nkangala District Municipality to Eskom Holdings SOC Limited for the Komati Power Station. The licence, varied on 31 March 2016 following an appeal, sets specific emission limits for particulate matter (PM), sulphur dioxide (SO2), and nitrogen oxides (NOx), and mandates the implementation of an Atmospheric Emission Off-Set Plan to reduce PM pollution.
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Document type: Statement