National Environmental Management.
Air Quality Act 39 Of 2004 – South Africa.

(Gazette No. 27318, Notice No. 163. Commencement date: 11 September 2005 – save for sections 21, 22, 36 to 49, 51(1)(e), 51(1)(f), 51(3), 60 and 61 [Government Notice R898, Gazette No. 28016]

Part 1 – Definitions

In this Notice a word or expression to which a meaning has been assigned in this Act has that meaning and, unless the context otherwise indicates: –

“Act” means the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

“alternative fuels and resources” means general and hazardous wastes which are used to substitute conventional or primary fossil fuels and/or virgin raw materials in cement kilns and other industrial thermal processes.

“atmospheric emission license” means an atmospheric emission license contemplated in Chapter 5 of this Act.

“biomass” means non-fossilised and biodegradable organic material originating from plants, animals and micro-organisms excluding – (a) sewage; and (b) treated or coated wood waste which may contain halogenated organic compounds or heavy metals.

“bottom loading” means the transfer of compounds in a liquid state to a suitable vessel by filling from the bottom by means of bottom valve or from the top utilizing a transfer pipe extended to the bottom of the vessel.

“design capacity” means capacity as installed.

“existing plant” unless where specified, shall mean any plant or process that was legally authorized to operate before 01 April 2010 or any plant where an application for authorisation in terms of the National Environmental Management Act, 1998 (Act No.107 of 1998), was made before 01 April 2010.

“flare” means a combustion device that uses an open flame to burn combustible gases with combustion air provided by ambient air around the flame. Combustion may be steam or air assisted. Flares may be either continuous or intermittent. This term includes both ground and elevated flares.

“fugitive emissions” means emissions to the air from a facility for which an emission license has been issued, other than those emitted from a point source.

“incineration” means any method, technique or process to convert waste to flue gases and residues by means of oxidation.

“licensing authority” means an authority referred to in sections 36(1), (2), (3) or (4) responsible for implementing the licensing system set out in chapter 5 of this act.

“listed activities” includes the singular.

“new plant” unless where specified, shall mean any plant or process where the application for authorisation in terms of the National Environmental Management Act 1998, (Act No.107 of 1998), was made on or after 01 April 2010.

“normal operating condition” means any condition that constitutes operation as designed.

“non-thermal treatment of volatile organic compounds” means the removal of volatile organic compounds through non-combustion processes including but not limited to cryogenic cooling, scrubbing and vapour recovery.

“oxides of nitrogen (NOx)” means the sum of nitrogen oxide (NO) and nitrogen dioxide (NO2) expressed as nitrogen dioxide (NO2)

“particulate matter (PM)” means total particulate matter, that is the solid matter contained in the gas stream in the solid state as well as the insoluble and soluble solid matter contained in entrained droplets in the gas stream, as measured by the appropriate method listed in Annexure A.

“petrochemicals” means ethylene and its polymers, ethylene oxide, ethylene glycol, glycol ethers, ethoxylates, vinyl acetate, 1,2-dichloroethane, trichloroethylene, tetrachloroethylene, vinyl chloride, propylene, propyl alcohols, acrylonitrile, propylene oxide, isomers of butylene, butyl ethers, butadienes, polyolefins and alpha-olefins, all alcohols (except those produced during the production of beverages), acrylic acid, allyl chloride, epichlorohydrin, benzene and alkylbenzenes, toluene, o-, m- and p-xylene, ethylbenzene, styrene, cumene, phenols, acetone, cyclohexane, adipic acid, nitrobenzene, chlorobenzene, aniline, methylene diphenyl diisocyanate (mdi), toluene di-isocyanate or other di-isocynates of comparable volatility, benzoic acid.

“point source” means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys.

“point of compliance” means any point within the off gas line, where a sample can be taken, from the last vessel closest to the point source of an individual listed activity to the open-end of the point source or in the case of a combinations of listed activities sharing a common point source, any point from the last vessel closest to the point source up to the point within the point source prior to the combination/interference from another Listed Activity.

“pyrolysis” means the decomposition of a material by heat in the absence of oxygen.

“SANAS” means the South African National Accreditation System established by Section 3 of the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006).

“sulphur recovery plant” means a unit that processes sulphur containing gags obtained from the processing of crude mineral oil or the coking or gasification of coal and produces a final product of sulphur containing compounds.

“thermal treatment” means incineration, co-processing and other high temperature treatment of hazardous and general waste.

“thermal treatment of volatile organic compounds” means the destruction of volatile organic compounds through combustion processes.

“total volatile organic compounds” means organic compounds listed under US- EPA Compendium Method TO -14.

“upset conditions” means any temporary failure of air pollution control equipment or process equipment or failure of a process to operate in a normal or usual manner that leads to an emission standard being exceeded.