4. Greenhouse Gas (GHG)
4.1. DECLARATION OF GREENHOUSE GASES AS PRIORITY AIR POLLUTANTS
- Clarity is sought confirming whether only those entities who have a carbon budget, need to comply with this requirement.
On 21 July 2017, a declaration was published which requires a person conducting a production process set out in Annexure A to the Government Notice which involves emission of greenhouse gases more than 0,1 Megatonnes (Mt) annually, reported as carbon dioxide equivalents (CO2-eq), and/or if so directed by the Minister, to submit a pollution prevention plan (PPP) to the Minister for approval. The PPP must be prepared in accordance with the National Pollution Prevention Plans Regulations 2017.
It was communicated at the BUSA Environmental Committee meeting on 24 August 2017 that Business’ understanding was that this requirement is only for those entities who are participating in the voluntary carbon budget pilot phase. BUSA will request clarity on this from the DEA and we will keep members informed.
4.2. NATIONAL POLLUTION PREVENTION PLANS REGULATIONS, 2017
- The first PPP must be submitted to the Minister for approval within five months from the date of promulgation of the Regulations (i.e. on or before 21 December 2017).
- The ITTCC is planning a workshop for members to outline all the relevant GHG Regulations.
Also on 21 July 2017, the Minister published the National Pollution Prevention Plans Regulations 2017. The purpose of the Regulations is to prescribe the requirements for PPPs regarding greenhouse gases declared as priority air pollutants (mentioned above).
In terms of the Regulations, a first PPP must cover the period from the date of promulgation of the Regulations up to 31 December 2020, and the subsequent plan must cover periods of five calendar years each. The first PPP must be submitted to the Minister for approval within five months from the date of promulgation of the Regulations (i.e. on or before 21 December 2017).
4.3. GUIDELINES FOR THE DEVELOPMENT OF POLLUTION PREVENTION PLANS IN RESPECT OF GREENHOUSE GASES
- These do not appear to be aligned with the regulations.
- Confirmation of the deadline for written comments will be communicated.
On 16 August, guidelines for the development of PPP in respect of GHGs were circulated for comment without deadline.
Preliminary concerns are that the document is not aligned with the regulations and that opinion is needed regarding the application offences and penalty.
Through BUSA, Business will request a deadline for written comments on this document. We will keep members informed.
4.4. GHG Reporting Regulations
- A meeting has been agreed with the DEA to discuss the potential double reporting of greenhouse gases.
The National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004): National Greenhouse Gas Emission Reporting Regulations were gazetted on 3 April 2017.
The technical guidelines for measurement, reporting and verification (MRV) of emissions by industry are still a work in progress. BUSA hosted a workshop with the Department on 17 July 2017 to discuss the concerns of business, which still had not been addressed in the version published on the DEA’s website. It seems that in the movement of personnel at the DEA, the comments from business were misplaced and comments would therefore be submitted again.
The DEA has subsequently acknowledged receipt of these comments.
There remain outstanding concerns regarding the regulations, due the delay of the publication of the Notice/s extending the registration period; and the exclusion of the Waste sector. The guidelines for registration and reporting are also still awaited.
A meeting is being arranged to discuss issues at a policy level with the Deputy Director General (DDG), this date will be confirmed.
The ITTCC is planning a workshop for members to outline all the relevant GHG Regulations and reporting requirements, including processes, timing and requirements. We will keep members informed.