Does your Foundry comply with current Environmental Legislation requirements?
EnviroKey Management Services cc. Does your Foundry comply withcurrent Environmental Legislation requirements? South African Institute of Foundrymen 17 April 2012
EnviroKey Management Services cc.1. Why become compliant?2. Environmental legislation3. Authorization Processes4. The Directive Process5. What you should do now!
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.
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)
Air Quality Act• mg = milligrams• N = under normal conditions, i.e. – 273 Kelvin / 0 C – 101.3kPa.• m3 = cubic metres.
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
Air Quality Act• Minimum Emissions Standards are – For normal operating conditions; – Measured as a daily average; – To be sampled and analyzed as per Act.
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.
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 – Postponement can be withdrawn.
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.
Air Quality Act• Reporting: – Annual Emissions Report; – Should include the annual emissions testing results; – Should include monitoring plan; – Reports to the competent authority.
Air Quality Act• Preferred consultants: – Must be SACNASP registered – Or a certified professional engineer – Simon Gear – www.kijanigreen.co.za
NEM: Waste ActWaste 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.”
NEM: Waste ActSome 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.
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.
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.
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.
Basic Assessment Process Appoint Independent Consultant Public participation Environmental Assessment Applications FormsPublic 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
Environmental Impact Assessment Process Appoint Independent Consultant Scoping Phase Scoping Phase Public participation Applications FormsPublic 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
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.
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.
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.
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.