EnviroKey Management Services cc.
Does your Foundry comply with current Environmental Legislation requirements?
South African Institute of Foundrymen
17 April 2012
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Does your Foundry comply with current Environmental Legislation requirements?
1. EnviroKey Management Services cc.
Does your Foundry comply with
current Environmental Legislation
requirements?
South African Institute of Foundrymen
17 April 2012
2. EnviroKey Management Services cc.
1. Why become compliant?
2. Environmental legislation
3. Authorization Processes
4. The Directive Process
5. What you should do now!
3. Why become compliant?
• Non-compliance = fine and/or jail time.
• National and International Investment/Client
• Compliance = good for your branding.
• Compliance is essential for ISO14001 certification.
• Good for our planet.
4. Environmental Legislation
• The National Environmental Management: Air Quality
Act (Act 39 of 2004)
• The National Environmental Management: Waste Act
(Act 59 of 2008)
• The National Environmental Management Act (Act 107
of 1998)
• The National Water Act (Act 36 of 1998)
6. Air Quality Act
• mg = milligrams
• N = under normal conditions, i.e.
– 273 Kelvin / 0 C
– 101.3kPa.
• m3 = cubic metres.
7. Air Quality Act
• Compliance timeframes:
– New plants must comply with the table below from
initial operation;
– Existing plants comply within 5 years of notice;
– Existing plants comply to new plant standards within
10 years of notice.
New Plant Existing Plant
Particulate Matter 30 mg/Nm3 100mg/Nm3
Sulphur Dioxide (SO2) 400 mg/Nm3 400 mg/Nm3
Nitrogen Oxides (NO2) 400 mg/Nm3 1200 mg/Nm3
8. Air Quality Act
• Minimum Emissions Standards are
– For normal operating conditions;
– Measured as a daily average;
– To be sampled and analyzed as per Act.
9. Air Quality Act
• Air emission license application:
– Recent emissions test methodology and results;
– An Atmospheric Impact Report;
– Detailed justification and reason for application;
– Advertisement of process in at least one local
newspaper.
10. Air Quality Act
• Postponement of compliance:
– Application for license;
– 5 year plan for compliance;
– Monitoring Plan for postponement period.
– Postponement can be granted for no longer than 5
years.
– Postponement can be withdrawn.
11. Air Quality Act
• Monitoring:
– Annual monitoring programme;
– Monitoring should be carried out for a period of one
calendar month;
– 80% valid hourly average values must be maintained;
– Monitoring system must be audited every 2 years.
12. Air Quality Act
• Reporting:
– Annual Emissions Report;
– Should include the annual emissions testing results;
– Should include monitoring plan;
– Reports to the competent authority.
13. Air Quality Act
• Preferred consultants:
– Must be SACNASP registered
– Or a certified professional engineer
– Simon Gear – www.kijanigreen.co.za
14. NEM: Waste Act
Waste is defined as:
“any substance, whether or not that substance can be reduced, re-
used, recycled and recovered-
o That is surplus, unwanted, rejected, discarded, abandoned or
disposed of;
o Which the generator has no further use of for the purpose of
production;
o That must be treated or disposed of; or
o that is identified as a waste by the Minister by notice in the
Gazette, and includes waste generated by the mining, medical or
other sector, but –
(i) a by-product is not considered waste; and
(ii) any portion of waste, once reused, recycled and recovered,
ceases to be waste.”
15. NEM: Waste Act
Some of the objectives of the Waste Act are to:
o Protect health, well-being and the environment;
o Minimise consumption of natural resources;
o Avoid and minimise generation of waste;
o Encourage reduction, re-use, recycling and recovery;
o Treat and safely dispose;
o Prevent pollution and ecological degradation;
o Integrated waste management reporting and planning.
16. NEM: Waste Act
– All operations should ideally be compliant to the Waste Act
by end 2012;
– Waste activities include
storage, treatment, recycling, recovery and disposing of
waste;
– All hazardous waste activities must be applied to the
National DEA;
– Non-hazardous waste activities are applied to the
Provincial authority.
17. NEM: Waste Act
– Basic Assessment – Category A activities
– Full EIA – Category B activities
– Non-compliance to Waste Act can result in:
• A fine of up to R10 million;
• Jail time of up to 10 years;
• Both a fine and jail time.
18. National Environmental
Management Act
– NEMA applies to a change of land use that occurred after
1998.
– Should a land use change have commenced since 1998
without authorisation – a rectification process must be
carried out.
– Rectification includes an admittance of guilt and operation
will incur a fine.
– Basic Assessment or full EIA may be required for NEMA
compliance.
19. Basic Assessment Process
Appoint Independent Consultant
Public participation Environmental Assessment
Applications Forms
Public Notification BID
Period
Site Notice
Impact Assessment
Newspaper Notice
30 days to register
Draft Report
Public Review
Period 30 days to review BAR
Submission to Authority
Record of Decision / Grant License
Appeal
20. Environmental Impact Assessment Process
Appoint Independent Consultant
Scoping Phase
Scoping Phase Public participation
Applications Forms
Public Notification Period BID
Site Notice Identify potential impacts
Newspaper Notice Specialist Studies
30 days to register
Draft Scoping Report
Public Review Period
30 days to review Scoping
Report
Issues Report Final Scoping Report
Submission to Authority
Acceptance of Scoping Report
EIA Phase Public participation EIA Phase
Assess Environmental Impacts
Public Notification Period BID
Site Notice Draft EIA Report
Newspaper Notice
Final EIA Report
Public Review Period 30 days to review EIA Report
Issues Report
Submission to Authority
Record of Decision / Grant License
21. Water Act
• The National Water Act (Act 36 of 1998) applies if
you are:
– Using water for purposes other than domestic use;
– Storing large amounts of water on site;
– Utilising a water body for recreational purposes;
– Disposing of waste or water containing waste into a water
resource;
– Undertaking an activity that may pollute a water resource.
22. EMPR
• Environmental Management Programme Report:
– Recommends monitoring actions for potential impacts;
– Recommends management actions to reduce the risk of
environmental impacts;
– Recommends mitigation and remediations where existing
impacts are significant;
– Provides a contingency action plan should an impact
become an emergency event;
– All environmental monitoring / auditing is against the
EMPR.
26. Directive Process
• Competent authority will issue a pre-directive letter;
• Appoint environmental assessment practitioner;
• Meet with competent authority;
• Understand the processes to be undertaken;
• Air emissions license process;
• Waste management license process;
• Environmental Management Programme Report;
• Environmental Monitoring.
27. What you should do now!
1. Assess your foundry’s compliance with at least the AQA
and the Waste Act;
2. Appoint a consultant;
3. Apply for postponement and/or licensing;
4. EMPR in place;
5. Initiate Environmental Monitoring and Air Emissions
Monitoring Regimes.