APPENDIX E: COPIES OF COMMENTS RECIEVED FROM I&APS

Transcription

1 APPENDIX E: COPIES OF COMMENTS RECIEVED FROM I&APS Appendix E.1 Copies of comments received prior to the release of the Draft Scoping Report Appendix E.2 Copies of comments received and registration forms from meetings held, during the review of the Draft Scoping Report Appendix E E.1

2 Appendix E.1 Copies of comments received prior to the release of the Draft Scoping Report Appendix E E.2

3 Appendix E E.3

4 Appendix E E.4

5 Appendix E E.5

6 From: Sent: To: Subject: Sandy Wren 06 October :03 PM RE: Nirove Paint stripping plant Hi Ilana Thank you for the comments and queries that you forwarded. In order to ensure that the concerns raised by Clover are addressed in the Environmental Impact Assessment Report we will ensure that these are incorporated into the relevant specialist studies, specifically the following studies: Air Quality specialist Assessment Handling and Storage of Hazardous Substances Waste Management and Disposal As well as recommendations to be included in the Environmental Management Framework We will ensure that you are notified once the Draft Scoping Report is released for public comment, which will incorporate the comments raised by Clover. After the Scoping Phase the next stage of the process will include the results of the specialist studies in the form of the Draft EIA Report. You will also be notified of this second comment period. Please don t hesitate to contact us if you have any further issues to raise. Sandy Wren Public Process Consultants PO Box 27688, Greenacres, Diaz Road, Adcockvale, PE, 6001 Phone: Fax: Cell: From: ilana.delarey@clover.co.za [mailto:ilana.delarey@clover.co.za] Sent: 28 September :10 AM To: Sandy Wren Subject: Fw: Nirove Paint stripping plant Sandy Please see the questions below. Regards Ilana de la Rey - Technical Manager ilana.delarey@clover.co.za Tel: Cell: Fax: Appendix E E.6

7 This and all contents are subject to the following disclaimer: Forwarded by Ilana de la Rey/PortElizabeth/Clover on 09/28/ :07 AM From: Pieter Steyn/Roodepoort/Clover To: Ilana de la Cc: Jan Paul Andre van Date: 09/27/ :55 PM Subject: Re: Fw: Nirove Paint stripping plant Hi Ilana, Die mense kom nou nader aan ons fabriek en dit kan impakteer op ons toekomstige uitbreiding op die terrein. Die LPG gas is nie 'n probleem nie. Die poly-etileenglikol is nie baie giftig nie (net bietjie), en hulle stoor maar liter. maar hulle noem ook moontlike ander organiese oplosmiddels en dit kan enige iets wees soos toluene, benzene of ander karsogene. Die gevaar is dat daar vlugtige stowwe is wat in die melk kan oplos en afsmake en geure veroorsaak. Die sure wat hulle noem is nie 'n probleem nie want ons hou ook sure op terrein aan, maar ek sal wil sien wat met die sure gebeur as dit met hulle metale en verwe reageer want dit kan ook weer allerhande lelike chemikaliee vorm wat maklik in die lug oorgedra kan word. Hulle noem hulle gaan 'n gas scrubber insit, maar nie regtig hoe goed hulle beplan dit gaan werk nie. Ideaal sou mens maksimum vlakke (ppm) en samestellings sal wil sien van wat hulle beplan om in die atmosfeer vry te laat, tesame met heersende windrigtings, en dalk 'n noodplan (aksies indien storting sou voorkom). Die pyrolise proses wat hulle in die oond wil toepas se afval stowwe is gewoonlik hoofsaaklik koolstof in die afwesigheid van suurstof, maar met seker koolwaterstowwe kan dit baie vlugtige organiese stowwe veroorsaak (hulle gebruik bv. 'n soortgelyke proses om swaar koolwaterstowwe (olie) af te breek in ligter fraksies (petrol)). Ons wil ook meer informasie hê oor die afval water behandeling wat hulle wil toepas en of hulle dalk ander chemikaliee daar gaan gebruik. Ek weet nie regtig hoe ons moet reageer nie, maar ek dink ons het rede om besorg te wees en meer detail te vra alvorens ons gerus sal wees. Groete Pieter Steyn - Manager: Process Technology & Development Appendix E E.7

8 Tel: Mobile: Fax: This and all contents are subject to the following disclaimer: ENGLISH TRANSLATION OF ABOVE TEXT Hi Ilana These people are coming closer to our factory, which may impact on future expansion of operations on our premises. The LPG Gas is not considered a problem. The poly-ethylene-glycol is not very toxic (only slightly) and they only intend storing 5000 litres on site. However mention is made of other potential organic solvents which could include anything from toluene, benzene or other carcinogens. There is a risk that these may include volatile substances that could dissolve in the milk affecting its taste and odour. The acids which they mention are also not really a problem since we also store acids on site. However I would like to see what happens to the acids once these react with metals and paints, since this may also produce a range of harmful chemicals, that may be transferred through the atmosphere. They mention that a gas scrubber will be installed, but not how well they anticipate the scrubber will work. Ideally I would like to see the maximum anticipated levels (ppm) and composition of the gasses they intend releasing into the atmosphere; as well as the prevailing wind directions, and an emergency preparedness plan - should any spills occur. They pyrolysis process which will form the basis of operation for the oven will result in waste products consisting of predominantly carbon in the absence of oxygen; however with certain hydrocarbons a range of volatile organic substances could be formed in this process (e.g. a similar process is used to separate heavier hydrocarbons such as oil, in to lighter fractions such as petrol). We would also like to see more detail on the proposed waste water treatment, and the chemicals which will be used in the treatment process. I am not certain how we should respond, however I believe we have reason to be cautious and request additional information in order to allay our concerns. Appendix E E.8

9 Appendix E.2 Copies of comments received and registration forms from meetings held, during the review of the Draft Scoping Report Appendix E E.9

10 Notes from meeting with Kobus Slabbert, Nelson Mandela Bay Municipality (NMBM) Air Quality/Noise Control Division on 10 November 2010 regarding the Draft Scoping Report for the NiRoVe Paint Stripping Facility in Perseverance, Port Elizabeth A) Comments on the required Specialist Air Quality Assessment Study The Specialist Air Quality Impact Assessment Study must include the following key elements of the National Environmental Management: Air Quality Act, 39 of 2004 (the AQA): Human health impacts to give effect to section 24 of the Constitutional right to an environment not harmful to the health & well-being. The emphasis is on human health and requires an assessment of potential health impacts. The level of detail required is dependent on the nature and extent of atmospheric emissions and could range from a simple comparative assessment of predicted ambient air quality levels with ambient air quality standards through to a full health risk assessment; Statistics on respiratory illnesses and complaints in the area and a comparison with national averages; Compliance history with the AQA, the Atmospheric Pollution Prevention Act (APPA) or any other legislation applicable to air quality including a complete analyses of previous complaints received; Ambient air quality standards As the AQA is effects-based legislation, it requires that activities that result in atmospheric emissions are to be determined with the objective of achieving health-based ambient air quality standards. Each development with potential impacts on air quality must be assessed not only in terms of its individual contribution, but in terms of its additive contribution to baseline ambient air quality i.e. cumulative effects must be considered; Point source emission standards The AQA also prescribes minimum emissions standards for certain point source emissions and these must be taken into account in the specialist study; Individual process details A balance sheet of inputs and outputs; Emissions Detailed emission inventory on point source and fugitive emissions/pollutants being or likely to be caused by all proposed paint stripping techniques and the effect or likely effect of those pollutants on the ambient air quality in the area, including health, social and economic conditions, cultural heritage and ambient air quality, from harm as a result of the pollution; Dispersion model Areas that are potentially impacted by the operations, indicating the extent of the impact (ambient and odour); Pollutant concentrations and working conditions the maximum amount, volume, emission rate or concentration of pollutants that will be discharged in the atmosphere under normal working conditions and under normal start-up, maintenance and shutdown conditions, emergency and upset conditions; Measures for the control of dust, noise and offensive odours; Greenhouse gas emissions; Mitigation measures The best practicable environmental option (BPEO) that would prevent, control, abate or mitigate pollution and to protect the environment, including health, social and economic conditions, cultural heritage and ambient air quality, from harm as a result of the pollution; Appendix E E.10

11 B) Comments on Draft Scoping Report Page 4.2 of the Draft Scoping Report, check and confirm that the loading capacity for the oven is correctly stated to determine if an incinerator capacity of 10 kg of waste processed per hour or larger exists, which will then trigger an AEL application for a Section 21 listed activity under AQA. In order to establish the emissions limits for the oven, if the same oven with the same specifications is used in Germany then the results of the test emissions from the German oven can be used but must be expanded to include the substances or mixture of substances as per Section 21 Listed Activity, Category 8 under AQA. Where test results from the German TUV is used the following will be required: Where periodic emission monitoring was done 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 German company involved to the effect that normal operating conditions were maintained during the emission tests; The total volumetric flow of gas, expressed in normal cubic meters per unit time and mass flow (kg per unit time) being emitted by the activities measured during the emission test, as the average of at least two (2) measurements; The concentration or mass of pollutant for which emissions standards have been set emitted by activities as the average of at least two (2) 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. These methods must be carried out in accordance with the standard sampling and analysis methods listed in Schedule A of Government Notice 248 of 31 March Methods other than those contained in Schedule A may be used with the written consent of the National Air Quality Officer. Where continuous emission monitoring was done: The 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 emission monitoring system to yield a minimum of 80% valid hourly average values during the reporting period. Chapter 5, Section 37 & 38 of the AQA outlines the application/procedure for atmospheric emission licence (AEL) applications which should run in parallel to the EIA applications. In terms of section 38 (3)(a)(b) the applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public (publication in at least two local newspapers). These steps have not yet been complied with and must still be undertaken. Page 4.2 must only make reference to Section 21, Category 8 Listed Activity and not 17, as this is just a paragraph number. A compliance notice dated 16 October 2008 has already been issued to NiRoVe for complaints received regarding chemical smells emanating from the NiRoVe premises. This must be taken into account in the air quality assessment study which also Appendix E E.11

12 constitutes offensive odours in terms of AQA. The criteria for fit and proper persons as holders of AEL s in terms of section 49 of AQA must be taken into account by the licensing authority. The neutralization of the waste acid could result in odour generation as indicated and an assessment of this must be included in the air quality study. The effectiveness of the gas scrubber needs to be determined. In future this could be monitored by measuring the SO 2 emissions from the gas scrubber. What is the frequency of scrubber cleaning to ensure low SO 2 emissions? The report needs to clearly state what will happen with the emissions when the scrubber is being cleaned. The dust content of the air flow in the shot blasting machine should be measured. The original process description provided by NiRoVe to the NMBM during August 2009 stated that the main oven chamber runs at 420 C and the process gas, being developed in the main oven chamber is combusted in the post-combustion chamber at 820 C. The temperatures as per the draft scoping report is different namely 400 C for the main chamber and 700 C for the post combustion chamber. Please clarify what are the correct temperatures. Table 2.1 and 2.2 in the Draft Scoping Report (page 2.10) provide an average but it needs to be established what this average is, is it an hourly average, an average per cycle or a daily average. This information will be needed for the AEL and to determine compliance with the minimum emission standards and ambient air quality standards. How many cycles will be run daily for the oven, it mentions a cycle time of 6 to 12 hours? In other words is this a continuous process, so that the minimum emission standards can be expressed on a daily average basis? Include the materials safety data sheets (MSDS s) for the chemicals that will be stored on site. In Chapter Four of the Draft Scoping Report include a reference under section 4.2 to the requirement for an Atmospheric Emission Licence (AEL) in terms of the AQA (Section 37 & 38). The air quality assessment report must meet the requirements for an Atmospheric Impact Report as contained in Paragraph of the 2007 National Framework for Air Quality Management in RSA. Following the issuing of an Environmental Authorisation (EA) by DEDEA, the activity cannot commence without an AEL, the applicant needs to be aware of this. The Department of Environmental Affairs (DEA) is in the process of establishing an AEL Processing Fee structure for AEL s, a draft document is currently out for comment following which the Department will publish a final General Notice with the Fee Calculator and associated format and guidelines before 30 March The applicant needs to be aware that this may apply to their application and that an annual Atmospheric User Charge (AUC) may also be enforced. It is recommended that no air should exit the building without proper scrubbing via appropriate ducting to prevent offensive dour nuisance complaints. Is it possible to direct the emissions from the acid baths to the air scrubber to minimize the build-up of acid fumes inside the factory area? The emissions from the NiRoVe facility will have to comply with the National Ambient Air Quality Standards and Minimum Emission Standards for Listed Activities. The manner in which measurements of minimum emission standards, as required by Section 21(3)(a)(ii) of AQA, shall be carried out must be in accordance with the standard sampling and analysis method listed in Schedule A of the Section 21 Notice No. 248 dated 31 March Methods other than those contained in Schedule A must be used Appendix E E.12

13 with the written consent of the National Air Quality Officer, together with information supporting the equivalence of the method. From: Nadia Wessels Sent: 10 November :45 AM To: Cc: Schalk Potgieter Subject: DRAFT SCOPING REPORT: ERVEN 975 AND 981 REDHOUSE (NiRoVe Paint) FILE: 19/3/1/1/3 Dear Sandy Reference is made to our telephonic discussion on Tuesday, 9 November 2010 regarding the above. I understand the Municipality was notified of the application as it is a land owner in the vicinity of the subject properties. As discussed both properties (Erven 975 and 981) are zoned for Industrial 2 Use Zone in terms of the Port Elizabeth Zoning Scheme. The rights on an Industrial 2 Use Zone include the following: Primary rights: 2 Funeral Parlours, Industries, Business purposes, Public Garages, Parking, Warehousing, Shops, Workshops, Builders Yards and Noxious uses subject to Regulation Secondary rights (for which Council's Special Consent is required): Uses other than those mentioned in Columns 2 (Primary rights) and 4 (Prohibited rights) Prohibited rights: Noxious uses not complying with Regulation Clause 3.15.of the Zoning Scheme reads as follows: Notwithstanding the provisions of Table A no Noxious Use may be established in the Use Zone Industrial 3 without the prior consent of the Council Upon the production of a certificate from the Medical Officer of Health, in consultation with the Inspector of Factories, that the process it is intended to employ in the conduct of the use will not cause nuisance or danger to health, the Council may consent to the erection and use of buildings for such Noxious Use in Use Zone Industrial 2 (Refer to the Zoning Scheme sent to you on 9/11/2010). To operate the proposed use will require compliance with Regulation above. If a certificate cannot be obtained from Medical Office of Health, then an application for rezoning to Industrial 3 Use Zone, which permits noxious uses, will need to be applied for (please note the desirability of an Industrial 3 Use Zone has not been assessed). Kind regards Kind regards Nadia Nadia Wessels Directorate: Human Settlements Nelson Mandela Bay Municipality Appendix E E.13

14 PO Box 9, Port Elizabeth, 6000 Telephone: Fax: Notes from Meeting held with Ward 60 Cllr Mafana s Office 12 October 2010 Ward 60 Cllr. Mafana, NMBM Nontando Nikani, Ward 60 Cllr. Mafana s Assistant We are happy that the study area is far away from residential areas and is located in an industrial area. Will there be any job opportunities that would be available on this development. All the information will be communicated to the Ward Cllr. Registration forms from meetings held during the review of the Draft Scoping Report Appendix E E.14