Postponement Of Air Quality Compliance Timeframes For Large Emitters

In section 22 of the National Environmental Management Air Quality Act 39 of 2004 ("NEMAQA"), provision is made that no person may without a provisional Atmospheric Emissions Licence ("AEL") or an AEL, conduct an activity listed in terms of that section. In 2010, the Minister of Environmental Affairs published the List of Activities Which Result in Atmospheric Emissions Which Have or May Have a Significant Detrimental Effect on the Environment, including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage under Government Notice No. 248 ("GN 248"), Gazette No.33064, dated 31 March 2010. GN 248 contains minimum emission standards for each of the NEMAQA listed activities and provides for compliance timeframes for the achievement of such emissions standards for existing and new plant.¹