NATIONAL POLLUTION PREVENTION PLANS REGULATIONS THE NATIONAL CLIMATE CHANGE RESPONSE POLICY

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1 NATIONAL POLLUTION PREVENTION PLANS REGULATIONS THE NATIONAL CLIMATE CHANGE RESPONSE POLICY AIR QUALITY GOVERNANCE LEKGOTLA 4 OCTOBER 2016

2 Purpose of the Presentation Request the 11 th Air Quality Governance Lekgotla to take note of the progress made on: Declaring greenhouse gases as priority air pollutants, Developing the National Pollution Prevention Plans Regulations in respect of the greenhouse gases as priority air pollutants

3 International Climate Change Obligations South Africa, together with other 196 states is a signatory to the United Nations Framework Convention on Climate Change (UNFCCC) The UNFCCC objective is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system"

4 South Africa s Emission Reduction Objective Emissions to Peak, plateau and decline ( , and beyond 2036, respectively

5 The world expects us to contribute towards a global efforts to cut down GHG emissions Peak, Plateau and Decline

6 Intended Nationally Determined Contribution took form of the PPD trajectory No-backsliding and a progressive approach Nationally Determined Contributions

7

8 National Climate Change Response Policy VISION Transition to a climate resilient and lower-carbon economy and society OBJECTIVE Manage CC impacts through interventions that build & sustain SA s social, economic & environmental resilience National Climate Change Response Policy OBJECTIVE Make a fair contribution to the global effort to stabilize GHG concentrations..

9 Management of Greenhouse Gases in SA Minister published the notice of intention to declare the greenhouse gases as priority air pollutants, under section 29(1), read with section 57(1) on 8 January 2016 The greenhouse gases to be declared as priority pollutants: Carbon dioxide (CO2); Methane (CH4); Nitrous oxide (N2O); Hydrofluorocarbons (HFCs); Perfluorocarbons (PFCs); and Sulphur hexafluoride (SF6)

10 National Pollution Prevention Plans Regulations Minister also issued the draft National Pollution Prevention Plans Regulations in respect of greenhouse gases, under section 29(3), read with section (53(a) and (o) of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) for comments The purpose of these regulations is to prescribe the requirements that pollution prevention plans need to comply with in terms of section 29(3) of the Act Company conducting certain production processes which involve the direct emission of greenhouses gases to prepare, submit and implement a pollution prevention plan in respect of greenhouse gases

11 Processes emitting GHGs - more than 0.1 Mt p/a Coal mining Production and/or refining of crude oil Production and/or processing of natural gas Production of liquid fuels from coal or gas Cement production Glass production Ammonia production Nitric acid production Carbon black production Iron and steel production Ferro-alloys production Aluminium production Polymers production Pulp and paper production Electricity production (combustion of fossil fuels, excluding the use of backup generators) Linked with the Carbon Budgets

12 The submission of these pollution prevention plans and periodic reporting of the progress towards their implementation will help the country measure its contribution towards a global efforts to cut down greenhouse gas emissions

13

14 Representations on the draft Declaration and Regulations Most comments received were ornamental in nature Roles of local authorities in the development, review and approval of the pollution prevention plans Air pollution should be managed through Schedule B of the Constitution which suggests that it must be managed at a local level Provisions of the Air Quality Act were used to declare the GHGs as priority pollutants and to establish the National Pollution Prevention Plans regulations, the local authorities should manage this process through Atmospheric Emission License process

15 Looking at the Draft PPP Regs and the Plans being submitted to fulfil the current Licensing regime Working Groups 2 & 10 Joint Task Team Instruments could be used to fulfil the validation and verification of information submitted by companies to either instruments The levels at which the two are reporting complicate the possibility of having the two working as one in a short-term Facilities Vs Companies Cascading the reporting to facility level would shock the Phase1 implementation of the mitigation system which is already in motion State Law Legal Advice The Pollution Prevention Plans Regulations do not, usurp the responsibility of the local authorities to implement the atmospheric emission license system in terms of the Act Submission of GHG emission plans in terms of Section 29(4) is a separate and distinct process to the licensing system

16 Solutions. Recommend that the next revision of the National Framework considers this Provision of having the carbon budgets allocated to facilities being explored for the post-2020 Mitigation System currently being developed Partnership for Market Readiness Study (World Bank funding) to look to interface between the carbon budgets and carbon tax important contribution to how the post-2020 Mitigation System should look like

17 Way Forward The Socio-Economic Impact Assessment System (SEIAS) certificate issued on 28 September 2016 Ready to promulgate the Regulations Development of the post-2020 Mitigation System regime ongoing Facility carbon budgets ~ Facility level Pollution Prevention Plans?? Roles and Responsibilities of provincial and local government??

18 Recommendation. It is recommended that 11th Air Quality Governance Lekgotla takes note of the progress made in declaring greenhouse gases as priority air pollutants and developing the National Pollution Prevention Plans Regulations

19

20 THANK YOU!!!!

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