Management of fugitive sources within Licensed Facilities

Management of fugitive sources within Licensed Facilities – the legal

framework and future work 12th Annual Air Quality Governance Lekgotla

CedarWoods of Sandton, Hotel and Conference Centre, Woodmead, Gauteng

2 - 4 October 2017

Olebogeng Matshediso

Presentation Outline

• Background

• Objective

• Fugitive emissions under the AQA

• Status of fugitive emissions management

• Legal framework and future work

• Conclusion

Background • Since the promulgation of the NEM:AQA, the

focus on emission management strategies implemented has been on point sources – emission limits for stacks/ vents/chimneys of

Listed Activities and Controlled Emitters

• Fugitive emissions remain largely uncontrolled and unaccounted for. – Quantification of emissions difficult

– Management of sources challenging

Objective

This presentation explores the status of fugitive emissions management within listed activities and controlled emitters, and discuss possible strategies that may be employed in line with the legal framework.

Fugitive Emissions

• “emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening”. – Fugitive gaseous emissions

– Fugitive dust emissions

• Emanate from point, non-point and mobile sources

Fugitive emission challenges

• How significant is the problem of uncontrolled emissions in South Africa?

• Are there strategies in place to manage fugitive emissions from all sources, if so, how effective are they?

• What improvements are needed to effectively manage fugitive emissions?

How significant is the problem of uncontrolled emissions in South Africa?

• Significant sources of fugitive emissions identified and well-documented e.g. mining activities, mineral industry, petrochemicals, etc.

• Contribution of fugitive emissions to total pollution loads incomprehensive.

• Nuisance effects felt:

– dust deposition, visibility;

– odour and elevated concentrations of VOCs, ozone in ambient air.

Are there strategies in place to deal with fugitive emissions from all sources?

• Atmospheric emission licensing still a major tool used for significant emitters, mainly due to the avoidance of regulatory gap:

– Emission limits for those that can reasonably pass through the stack.

– Leak detection and repair programmes.

– Offensive odour best practice measures.

– Fugitive dust emissions management plan (National Dust Control Regulations).

Legal Framework and Future Work

• Is atmospheric emission licensing a most appropriate and effective tool to manage fugitive emissions?


• Enforcement of AELs ineffective for activities with no emission limits (e.g. animal matter, stockpiles, burning grounds). – Impact management through prescription of the

best practice measures (BPM).

– BPM depend on evaluation and approval by licensing authorities.

– Translation of impact management measures into enforceable conditions (ticking boxes vs. quantifiable emission reductions).

Legal Framework and Future Work LISTED ACTIVITIES WITH NO EMISSION LIMITS

Current Strategy Limitation Possible Strategies

Burning Grounds

AEL with dust control requirements and ambient SO2

Fit-for-purpose regulation: • Pollutants of

interest (PM and SO2 chosen due to country specific interests)

• If the impact found to be negative, no abatement possible.

• Direct emission accounting challenging.

Management Practice/Policy: • Reducing

contaminated waste • Restriction of open

burning/ detonation to highly energetic hazardous explosives wastes.

• Design of burning sites (e.g. concrete slabs)

• Basel convention. • Inventory of waste

burned - NAEI

Legal Framework and Future Work LISTED ACTIVITIES WITH NO EMISSION LIMITS ( Failed containment and treatment of explosives example)




Clamp Kilns

AEL with dust control requirements and ambient SO2

Fit-for-purpose regulation: (Emissions from auxillary site activities vs. kiln combustion emissions)

Lekgotla 2013* discussions??

*Lekgotla 2013 Discussions/Resolutions: Formal / Commercial Sector – No new clamp operations will be authorised – S21 – No expansion projects using clamp technology will be authorised – projects to consider alternative – Clamp sector will gradually phase out as clay bodies are exhausted Informal / Small Scale Sector – Set a minimum threshold to exclude small scale / informal operations – proposed threshold bricks / month – S21 Amendment”


LISTED ACTIVITIES WITH NO EMISSION LIMITS

Current Strategy

Limitation Possible Strategies

Storage and Handling of coal/ore

AEL with dust control requirements (NDCR,2013)

Fugitive dust management plans approval and enforcement

Enforcement of National Dust Control Regulations. Fugitive dust

emissions from all other listed activities

Legal Framework and Future Work LISTED ACTIVITIES WITH NO STACKS/CHIMNEYS/VENTS

Current Strategy

Limitation Possible Strategies

Foundries AEL with PM, SO2 and NOX requirements

No extraction systems for some sources for various reasons, making abatement and accountability requirements pointless.

• Better understanding of sectors (i.t.o economic scales, pollution loads and impacts – NAEIS and emission reports where available.

• Enforcement activities

• Policy improvements over time

Hot dip Galvanizers

AEL with PM and HCl requirements

Precious and base metals refining

AEL with PM, SO2, NOX , HF, HCl, Cl2 NH3 requirements

Legal Framework and Future Work OFFENSIVE ODOURS


Hydrogen sulphide

• AEL with prohibition of continuous flaring of H2S gases

• SRUs efficiency and availability.

S35 – Measures for the control of offensive odours • Documented best

practice measures to be explored e.g Handling of raw materials

• Delisting of some animal matter processes

Animal matter processes

Best practice measures for minimization and avoidance of offensive odours

Compliance may be limited to prove of documented measures





FUGITIVE VOC EMISSIONS


LDAR Programme

Approval by AELA, currently no guidance provided.

Guidance on LDAR Policy of organic solvents usage

Conclusion

• Uncontrolled emissions from fugitive sources impact negatively to air quality.

• Atmospheric emission licensing not always appropriate tool.

• Different management strategies outside the licensing regime must be explored.

• Regulatory pressure to be exerted on activities that fail to take necessary measures.

• Clear policy decisions to be documented to guide industrial development and environmental protection.

Documents

Management of fugitive sources within Licensed Facilities