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

Part 2 – General

Applicability of the Notice

• Minimum emission standards as contained in this Notice shall apply to both permanently operated plants and for experimental (pilot) plants with a design capacity equivalent to the one of a listed

• Minimum emission standards are applicable under normal operating

• Should normal start-up, maintenance, upset and shut-down conditions exceed a period of 48 hours, Section 30 of the National Environmental Management, 1998 (Act No. 107 of 1998), shall apply unless otherwise specified by the Licensing

Averaging Period

• Unless where otherwise specified, minimum emission standards are expressed on a daily average basis, under normal conditions of 273 K, 101.3 kPa, specific oxygen percentage and dry

Emission measurement

• The manner in which measurements of minimum emissions standards, as required by Section 21(3)(a)(ii) of this Act, shall be carried out must be in accordance with the standard sampling and analysis methods listed in Annexure A of this Notice.

• Methods other than those contained in Annexure A may be used with the written consent of the National Air Quality

• In seeking the written consent referred to in paragraph (6), an applicant must provide the National Air Quality Officer with any information that supports the equivalence of the method other than that contained in Annexure A to a method contained in Annexure

Compliance time frames

• New plant must comply with the new plant minimum emission standards as contained in Part 3 from 01 April

• Existing plant must comply with minimum emission standards for existing plant as contained in Part 3 by 01 April 2015, unless where

• Existing plant must comply with minimum emission standards for new plant as contained in Part 3 by 01 April 2020, unless where

Postponement of compliance time frames

• As contemplated in the National Framework for Air Quality Management in the Republic of South Africa, published in terms of Section 7 of this Act, an application may be made to the National Air Quality Officer for the postponement of the compliance time frames in paragraphs (9) and (10) for an existing

• The application contemplated in paragraph (11) must include-

• An air pollution impact assessment compiled in accordance with the regulations prescribing the format of an Atmospheric Impact Report (as contemplated in Section 30 of the AQA), by a person registered as a professional engineer or as a professional natural scientist in the appropriate category;

• a detailed justification and reasons for the application; and

• a concluded public participation process undertaken as specified in the NEMA Environmental Impact Assessment

• The National Air Quality Officer, with the concurrence of the Licensing Authority as contemplated in Section 36 of this Act, may grant a postponement of the compliance time frames in paragraphs (9) and

(10) for an existing plant for a period, not exceeding 5 years per postponement.

• The National Air Quality Officer, with the concurrence of the Licensing Authority, may –

• from time to time review any postponement granted in terms of paragraph (13) should ambient air quality conditions in the affected area of the plant not conform to ambient air quality standards; and

• on good grounds, withdraw any postponement following –

• representations from the affected plant; and

• representations from the affected

Compliance monitoring

• Where continuous emission monitoring is required for a listed activity –

• the averaging period for the purposes of compliance monitoring shall be expressed on a daily average basis or as prescribed in the Atmospheric Emission

• the emission monitoring system must be maintained to yield a minimum of 80% valid hourly average values during the reporting

• the emission monitoring system must be maintained and calibrated as per the original equipment manufacturers’

• continuous emission monitoring systems must be audited by a SANAS accredited laboratory at least once every two (2)

• Where periodic emission monitoring is required for a listed activity –

• the averaging period for the purposes of compliance monitoring shall be expressed on a hourly average basis or as prescribed in the Atmospheric Emission

• emission measurement will be conducted in accordance with paragraphs (5); (6); and (7) of this

• measurements shall take place on, at least, an annual basis unless otherwise prescribed in the Atmospheric Emission

• sampling will take place under normal operating conditions using the permitted feed-stock or raw

• all tests will be conducted by SANAS accredited laboratories or laboratories accredited by similar foreign

Reporting Requirements

• Notwithstanding the compliance time frames established in terms of paragraphs (8); (9); and (10), the Atmospheric Emission License holder shall submit an emission report in the form specified by the National Air Quality Officer to the Licensing Authority –
• within one (1) year of the date of publication of this Notice; and
• annually thereafter unless otherwise prescribed in the Atmospheric Emission
• The report contemplated in paragraph (17) shall include-
• The name, description and license reference number of the plant as reflected in the Atmospheric Emission
• Where periodic emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include –
• the name and address of the accredited measurement service-provider that carried out or verified the emission test, including the test report produced by the accredited measurement service-provider;
• the date and time on which the emission test was carried out;
• a declaration by the Atmospheric Emission License holder to the effect that normal operating conditions were maintained during the emission tests;
• the total volumetric flow of gas, expressed in normal cubic meters (Nm³) per unit time and mass flow (kg per unit time) being emitted by the listed activity or activities measured during the emission test, as the average of at least three (3) measurements;
• the concentration or mass of pollutant for which emissions standards have been set in this Notice emitted by listed activity or activities as the average of at least three (3) measurements; each measured over a minimum sample period of 60 minutes and a maximum of 8 hours to obtain a representative sample, and
• the method or combination of methods used for determining the flow rate and concentration as contemplated in paragraphs (5); (6); and (7).
• Where continuous emission monitoring is required for a listed activity, the report contemplated in paragraph (17) shall further include –
  
  • results of the spot measurements or correlation tests carried out to verify the accuracy of the continuous emission measurements;
  • the most recent correlation tests; and
  • the availability of the system as contemplated in (15)(b) in terms of the number of full hours per annum that valid results were
• Following the compliance time frames established in terms of paragraphs (8); (9); and (10), an explanation of all instances where minimum emission standards were exceeded and remediation measures and associated implementation plans aimed at ensuring that the accidences do not re-occur.
• Any other relevant information as required by the National Air Quality Officer from time to
• In January 2014, the National Air Quality Officer will establish an internet-based National Atmospheric Emissions Inventory System. Once established, the reports contemplated in paragraph (17) must be made in the format required for the internet-based National Atmospheric Emissions Inventory

General special arrangement

• A fugitive emissions management plan must be included in the Atmospheric Emission Licenses for listed activities that are likely to generate such