odour control: an authorities perspective - naca - national association for clean air · 2019. 4....
Post on 21-Jan-2021
1 Views
Preview:
TRANSCRIPT
Odour Control: an Authorities perspective
CITY HEALTH-AIR QUALITY MANGEMENT NACA Western Cape Branch seminar
Presented by: Ian Gildenhuys 28 February 2019
Competing interests in the Odour issue
Population growth and Demand for Land for Housing
Historical land-use rights of Industry
Economic sustainability and
job creation/retention
Right to an environment not
harmful to Human health
2 AEL and dust emissions reporting requirements
What does the NEMAQA say about odours?
• Section 35 of the AQA makes provision for the Minister or the MEC to prescribe
measures for the control of offensive odours emanating from specified
activities. To date this provision is not been acted upon.
• It is the responsibility of the occupier of any premises to take all reasonable
steps to prevent the emission of any offensive odour caused by any activity on their premises.
3 AEL and dust emissions reporting requirements
The 2017 National Framework for Air Quality
Management in the Republic , GN 1144 of 26 10 2018
states the following on odours…..
• odours are usually localised and, hence, are best managed at the
provincial and local level through regulations and by-laws.
• Section 35 of the AQA makes provision for the Minister or the MEC to prescribe
measures for the control of offensive odours emanating from specified
activities.
• It is the responsibility of the occupier of any premises to take all reasonable
steps to prevent the emission of any offensive odour caused by any activity on their premises.
• 6.4.2 Potential Issues for Future Development
• Development of strategies for tackling nuisance pollutants such as odours and
dust and the establishment of guidelines and objectives for effective
management;
4 AEL and dust emissions reporting requirements
Framework Cont….
• The DEA has developed a best practice guidance draft document for odour
management from the three main industrial sectors regulated in terms of
Category 10 (Animal Matter Processing) of the listed activities and associated
minimum emission standards, and the final document may include other
sources.
• The sectors covered include fishmeal plants, tanneries and rendering plants.
While the document is limited to these sectors, the principles and techniques
described in the document are broadly applicable to other sectors which
generate noxious or offensive odours.
Something to look forward too in 2019/20?
• Table 18: Noise and odour
• Key Milestone, Product or Output Timeframe
• Guideline document for odour management 2019/2020
5 AEL and dust emissions reporting requirements
Framework cont…
5.5.3.6 Odour, noise and dust
• The national Minister (or MEC) may prescribe measures for the control of
…..offensive odours.
• Further, the occupier of any premises must take all reasonable steps to
prevent the emission of any offensive odour caused by an activity on the
premises.
• Currently there is no obligation to consider odour as part of the specialist Air
Quality Impact Assessment study, but there may be circumstances where
these are required, particularly if it is likely that the AEL will specify conditions in
respect of odour and noise in accordance with Section 43(2) (a) of the AQA.
6 AEL and dust emissions reporting requirements
Ambient Air Quality Standards and odour
• Currently, there are no ambient air quality standards that
address odour
• Table 16 of the National Framework identifies Hydrogen
Sulphide as a possible future pollutant for consideration.
7 AEL and dust emissions reporting requirements
Odour and Listed Activities – Emission Licence Holders
S21 of NEMAQA:
1. Section 21(3) further states:
“(3) A Notice referred to in (1) –
(a) must (emphasis applied) establish minimum emission standards in respect of substances or mixture of substances resulting from the listed activity and
identified in the notice, including –
(i) the permissible amount, volume, emission rate or concentration of that
substance or mixture of substances that may be emitted; and
(ii) the manner in which measurement of such substances must be carried out;”
8 AEL and dust emissions reporting requirements
Does Listing Notice 893 satisfy S21(3)?
1. Category 10 of Notice 893 of 2013 omits to identify the substances or mixture
of substances or prescribe the permissible amount, volume, emission rate or
concentration that may be emitted in respect of substances or mixture of
substances resulting from the listed activity.
CATEGORY 10 ANIMAL MATTER PROCESSING
Description: Processes for the rendering cooking, drying, dehydrating, digesting, evaporating
or protein concentrating of any animal matter not intended for human
consumption
APPLICABILITY
• All installations handling more than 1 ton/day
SPECIAL ARRANGEMENTS
Best practice measures intended to minimise or avoid offensive odours must be
implemented by all installations. These measures must be documented to the
satisfaction of the Licensing Authority.
9
Hydrogen Sulphide guideline emission rates – Fish
rendering plant
• DEA conducted a health risk assessment of the West Coast Fishing Industry in
2011
Flowing from this……
• a guideline level of 5 mg/NM3 Hydrogen sulphide at the point of discharge to
atmosphere, for this listed activity.
• This target or guideline and is not legally enforceable as a MES
10 AEL and dust emissions reporting requirements
Other Legislation
• National Health Act: S90(1)(m) empowers the National Minister to maker
regulations regarding health nuisances – But none have been developed to
date.
• City of Cape Town Environmental Health Bylaw:
• Defines Health Nuisance:
‘‘means any activity, condition, premises or thing which, on account of effluent,
vapours, ….., odours, ……..is/are in the opinion of the Director: City Health or a
duly authorised officer is potentially injurious or dangerous to health or which
is/are offensive……
“objectionable material” means ……and includes any, solid liquid or gas which is or may become a nuisance or which materially interferes with the ordinary
comfort or convenience of the public;
(6)No person shall keep, cause or suffer to be kept any factory or trade premises
so as to give rise to smells or effluvia that constitute a health nuisance
11 AEL and dust emissions reporting requirements
City of Cape Town Air Quality Management Bylaw,
2016
‘‘nuisance’’ means an unreasonable interference or likely interference caused
by air pollution which has an adverse impact on -
(a) the health or well-being of any person or living organism; or
(b) the use and enjoyment by an owner or occupier of his or her property or the
environment;
Prohibition of emissions that cause nuisance
25. (1) No person shall, within the area of jurisdiction of the City of Cape Town-
(c) cause any unreasonable interference or likely interference through air
pollution, which may adversely affect -
(i) the health or well-being of any person or living organism; or
(ii) the use and enjoyment by an owner or occupier of his or her property or
environment;
(5)An occupier or owner of any premises must prevent the existence in, or
emission of any air pollution nuisance from, his or her premises.
(6) The occupier or owner of any premises from which an air pollution nuisance
emanates, or where an air pollution nuisance exists, is guilty of an offence.
12 AEL and dust emissions reporting requirements
Case Study Odour and Land-use Planning:
Hout Bay 1980
13 AEL and dust emissions reporting requirements
Hout Bay 1986
14 AEL and dust emissions reporting requirements
Hout Bay 2018
15 AEL and dust emissions reporting requirements
Milnerton 1953
16 AEL and dust emissions reporting requirements
Milnerton 2018
17 AEL and dust emissions reporting requirements
Odour complaint investigative tools
18 AEL and dust emissions reporting requirements
1. Describe the characteristics of the odour:
•Frequency – how
often is the odour
detected
(continuously, daily,
hourly, once a
week)?
•Intensity –
how strong is
the odour
(very weak to
very strong)?
•Duration – how
long does the
odour last
(seconds,
minutes,
hours)?
•Offensiveness – how
unpleasant is the odour
(barely detectable (1)
to highly offensive
(10)?
•Location –
where was the
odour noticed
(indoors,
outdoors)?
2. Describe the odour in as much detail as possible.
Does it remind you of a familiar smell such as rotten eggs, rotten cabbage, sweet or sour chemicals,
burning plastic, garlic, chlorine or asphalt? Is it oily, musty, metallic, pungent, light or heavy? The odour
wheel on the next page provides some common and helpful odour descriptors.
19 AEL and dust emissions reporting requirements
Questions we ask complainants to answer
20 AEL and dust emissions reporting requirements
1. How does the odour affect your health?
2. Have you noticed any visible emissions at the time the odour was detected? Please describe
these in the box below.
3. Tell us about the weather during the odour episode.
Date and
time
What direction was the
wind from?
Was the wind light, moderate
or strong?
Was it sunny, overcast or
raining?
4. How does the odour affect you or your business?
An officer may call you about your complaint to ask more questions or for clarification. For persistent
odour problems, we may need your help to collect evidence that odorous air contaminants have
been discharged. This might include being interviewed by an officer, keeping an odour diary, signing a
statement about how the odour is affecting your health or your business or, in rare cases, testifying at a
public hearing or even representing yourself in a Court of law.
Explain the physical symptoms you experience when exposed to the odour?
Legal Process
• Investigation – Complaints valid or not?
• Nuisance odour vs evidence of health risks – use NEMA S28 Duty of Care
where evidence/suspicion of health nuisance
• Listed Activity or S23 Controlled Emitter in terms of NEMAQA or not.
• Pre-Compliance notice issued with right to make representations ito PAJA
• Representations considered and responded too.
• Non-listed activity – nuisance odour - Affidavits from affected parties over a
period of time – preferably multiple and corroborating statements – not
conflicting in observations; Not clouded by personal agenda’s
• Compliance notice issued if nuisance substantiated.
• Non-Compliance with Notice?
• Compile Case docket for DPP
• DPP decides on merits of case
• Prosecution – Magistrates Courts or High Court process
• Affected parties have right to seek relief in Civil process in High Court
21 AEL and dust emissions reporting requirements
Where Licenced Listed Activities are implicated
• Conduct EMI lead compliance investigation to determine compliance with
AEL – gather evidence
• Is Best Practice in odour control being applied?
• Consider review and variation of AEL – call for investigation and assessment of
Abatement Equipment efficiency and functionality
• Upgrade of systems where inefficient
• Call for AIR and Health Risk assessment studies
• Investigations into Point source emissions monitoring to prove pre and post
scrubber emissions
• Implement ambient monitoring
• Where non-compliance serve Pre-compliance notice in terms of PAJA, calling
for representations
• Consider and review representations and respond
• Serve Compliance Notice
• Still non-compliant – then consider Criminal Prosecution and engage with
Nodal Prosecutor for Environmental Crimes
22 AEL and dust emissions reporting requirements
Case Studies
• Animal Matter processing – Southern Cape Fishing
• Hi Change Investments Vs Cape Produce Company
• Tongaat Hulett
• Shongweni Landfill matter
• ESKOM Vs Rini Town Council – In terms of Health Act 63 of 1977
• Odour complaints Printing Industry – Paarden Eiland
23 AEL and dust emissions reporting requirements
Conclusion
• Prevention of odour complaints starts with good Land-use management
planning
• Good holistic management by Industries of all facets of their business and at
all critical control points in the process – no single silver bullet
• Resolution of odour complaints relies on:
• Willing industry with a neighbourly attitude
• Political will and resources where municipal infrastructure is involved
• Political will where industry is involved
• Good legal instruments – that assist regulators in controlling odorous emissions
compelling industry to meet prescribed MES.
• Ambient air quality standards at least for H2S
• Economic sustainability
• Well trained, resourced and competent Regulators
24 AEL and dust emissions reporting requirements
Thank You
For queries contact (Ian.Gildenhuys@capetown.gov.za )
top related