Atmospheric Emission License but note the rules if you purchase new equipment, change or add a process or change ownership

As everyone in the industry knows the Environmental Authorisation (EA) and Atmospheric Emissions License (AEL), is required by law. If you don’t comply you could be liable for a big fine.

Air emissions licenses (AELs) are obligatory under the National Environmental Management: Air Quality Act 139 of 2004 (AQA) for activities that result in atmospheric emissions which have a significant negative environmental impact, listed in GN 893 of November 22, 2013.

For the AEL process, the applicable district municipality or metropolitan municipality is the licensing authority, except where the municipality has assigned the licensing function to the province or the province has interceded in terms of section 139 of the Constitution. In such conditions, the provincial environmental department concerned is the licensing authority.

An environmental authorisation is also required for activities that need an AEL. Depending on the nature and size of the suggested development, the competent authority is either the provincial department of environmental affairs or the national DEA (now known as DEFF). This possible shared responsibility among the spheres of government presents a prospective coordination encounter, as the AEL process is closely linked to the EIA process.

An AEL can be obtained through two possible routes, namely: AEL process that runs parallel with the Environmental Impact Assessment (EIA) process (combined process); and AEL process (applied for separate from the EIA process).

The AEL licensing authority must ensure that they are actively contributing in the EIA approval and consideration process to confirm that the EIA process covers all atmospheric results that must be addressed in order for an AEL to be issued once the EIA environmental authorisation has been granted.

The DEA (DEFF) has advanced procedurally with the atmospheric emission licensing processes to secure more precise coordination between the authorisation processes. The License Authorities Manual entails a joint assessment of the Environmental Impact Report and the application documentation for Atmospheric Emissions Licence by the relevant Competent Authorities (CAs).

Process and ownership changes
The holder of the atmospheric emission license must ensure that all unit processes and apparatus used for the purpose of undertaking the listed activity in question, and all appliances and mitigation measures for preventing or reducing atmospheric emissions, are at all times properly maintained and operated.

What is not generally known is that no building, plant or site of works used by the licence holder shall be materially extended, altered or added to the listed activity without the prior approval of the licensing authority.

Any changes in processes or production increases, by the licence holder, will require prior approval by the licensing authority. Any changes to the type and quantities of input materials and products, or to production equipment and treatment facilities will require prior written approval by the licensing authority.

So, if you want to progress, to improve efficiencies, to create employment and increase your export market by investing in new systems and equipment, you have to ask for permission from the government.

All equipment is located via GPS position
Through your reporting structure you must give the GPS position of all equipment so you can’t even move it to another position in your facility without asking for permission.

Included in the regulations are dust extraction units, hoods for the furnaces, chutes and suction fans. Every foundry is different and will have different requirements but nobody at the local council can give you minimum or maximum figures to work with.