The Minister of Water and Environmental Affairs, Mrs Edna Molewa has declared small boilers resulting in atmospheric emissions as controlled emitters and established emission standards, in terms of section 23(1) and section 24 of the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004) (Air Quality Act), in Gazette No. 36973.
On 23 November 2012, the Minister announced her intention to declare small boilers as controlled emitters by the General Notice No. 946, published in the Government Gazette No.35883.
Small boilers fall in a group of small scale emission sources that, as a result of their technological limitations, the scale of population as well as their operation at close proximity to residential dwellings, poses a significant risk to human health and the environment. In order to safeguard the right to an environment that is safe to health and wellbeing, there is a need for close monitoring and control of these emitters, as among others, industrial and domestic boilers were identified as significant sources of pollution.
The capacity of 50 megawatt thermal heat input was decided as a cut-off threshold for boilers to be listed under Section 21 of the Air Quality Act, based on technological and economical limitations of industrial boilers. The cut-off exercise however, resulted in a regulatory gap as some of the non-listed boilers were previously regulated under Atmospheric Pollution Prevention Act (APPA) 1965. As such, the department had to ensure that all activities that were regulated by the APPA are transferred to the new regime to avoid regulatory gaps that may be caused by the repeal of the APPA.
Under the APPA regime, boilers with electric output lower than the utility boiler, usually used to provide energy for manufacturing processes on site, were controlled as Part 3: (Atmospheric Pollution by Smoke) of the APPA. This regulation was enforced through municipal by-laws on fuel-burning appliances and smoke control regulations. As the APPA is now repealed, the department is providing regulatory direction to both local government and regulated community on what the status of boilers is with respect to emission control.
The City of Cape Town and City of Johannesburg are the two major metropolitans which have successfully enforced fuel-burning appliances by-laws. Specific consultations with them were conducted in order to draw their experience in the draft Section 23 Notice that on completion, was presented and discussed for four months by the SABS Technical Committee on Air Quality.
In addition, the department also had to establish emission standards, taking into consideration that these Controlled Emitters have to meet specified emission standards in order to be manufactured, sold or operate within South Africa as required by Section 24 of the Air Quality Act. The department believes that all these requirements have been met.
At the time of the Minister's announcement last year, a comment period of 30 days was provided and due to it being close to the December holiday, the comment period was extended by another 30 days, with a closing date of 24 January 2013.
The Gazette and relevant schedule.
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