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NOTICE OF INTENTION TO AMEND A SMALL BOILER AS A CONTROLLED EMITTER

The Declaration of a Small Boiler as a Controlled Emitter and Establishment of Emission Standards was promulgated on the 1st of November 2013, under the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

This notice declared a “small boiler” as any boiler with a design capacity equal to 10MW but less than 50MW net heat input per unit. Emission limits were set out for these boilers based on the fuels they were burning i.e., biomass, solid, liquid and/or gaseous fuels or a combination of these.

The Declaration also proposed the following, but not limited to, Reporting Requirements for any operator of a small boiler:

  1. To submit at least one (1) emissions report per annum to the relevant air quality officer 
  2. To record all measurement results and keep a copy of this record for at least five (5) years after obtaining the results; or to produce the record of the measurement results for inspection if requested to do so by an air quality officer.

In terms of the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004), boilers with design capacities greater than 50 MW NHI are classified as “listed activities”. The following was proposed for any listed activities:

  1. To submit an emission report in the form specified by the relevant Licensing Authority annually
  2. To comply with emissions limits and require an Atmospheric Emissions Licence (AEL) to operate lawfully

Amendments to the Declaration of a Small Boiler as a Controlled Emitter and Establishment of Emission Standards were proposed by The Department of Environment, Forestry and Fisheries in the following ways:

1. In terms of the proposed amended Application of the Declaration and insertion of a new heading – “Management of cumulative impacts of small boilers with a combined capacity of equal to a small boiler and equal to a listed activity”:

  1. Where a facility is simultaneously operating two or more boilers with a combined designed capacity of a controlled emitter i.e., small boiler, the requirements of this Notice shall apply. In this case, the emission standards shall apply to a single small boiler unit not cumulatively.
  2. Where a non-licenced facility has two or more small boilers with a combined capacity that is equal to or greater than 50MW heat input, the licence holder must, within 24 months of the promulgation of this Notice, apply for an atmospheric emission license for that in terms of Section 22 of the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).
  3. Where a facility is a licensed listed activity and has two or more small boilers with a combined capacity that is equal to or greater than 50MW heat input, the licence holder must, within 24 months of the promulgation of this Notice, submit the facility’s atmospheric emission license for variation in terms of section 46 (2) (a) of the National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

2. In terms of proposed amended Reporting Requirements of the Declaration and insertion of a new heading – “Registration as a data provider under the National Atmospheric Emission Inventory System “:

A person conducting an existing small boiler must─

  1. within 60 days of the promulgation of this Notice, register as a data provider in the National Atmospheric Emission Inventory System
  2. comply with all the requirements stipulated under the National Atmospheric Emission Reporting Regulations, 2015. 

A person conducting a new small boiler must─

  1. register on the National Atmospheric Emission Inventory System within 30 days after commencing with such an activity
  2. comply with all the requirements stipulated under the National Atmospheric Emission Reporting Regulations, 2015.

In essence, these amendments seek to ensure a more consistent, country-wide control of criteria pollutants released by boilers; to further ensure attainment to national ambient air quality standards; and to promote combustion efficiency, therefore reducing the particulate matter release.

Not sure where you stand?

Contact us via mail info@kcmenviro.co.za or call us on 061 568 5510 to help you evaluate whether you will fall above or below the 10 MW and 50 MW thresholds.

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