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Minister Edna Molewa gazettes the Draft National Greenhouse Gas Emission Reporting Regulations

23 June 2015

 

The Minister of Environmental Affairs has published the Draft National Greenhouse Gas Emission Reporting Regulations in Government Gazette No. 38857 for public comment.

The publication of the Draft National Greenhouse Gas Emissions Reporting Regulations follows the recent finalization of the national Greenhouse Gas (GHG) Inventory for South Africa, for the period 2000 – 2010.

The national GHG Inventory for South Africa 2000-2010 documents South Africa’s GHG emission trends for that period. The reporting of these emissions is in line with the new 2006 Intergovernmental Panel on Climate Change (IPCC) technical guidelines for compilation of national greenhouse gas inventories.

The Draft Regulations, published in terms of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004).

The list of activities for which GHG emissions must be reported to a competent authority are:

  • Energy – all fuel/petroleum and electricity-related activities, manufacturing and construction sectors, the fugitive emission from fuels, spontaneous combustion and burning coal dumps, oil and natural gas and any other emissions from energy production)
  • Industrial processes and production use – mineral and chemical production, the metal industry, non-energy products from fuels and solvents use, electronics industry, product uses as substitutes of ozone depleting substances and refrigeration and air conditioning
  • Agriculture, forestry and other land use
  • Waste sector – solid waste disposal, biological treatment of solid waste, incineration and open burning of waste and waste water treatment and discharge
  • Transport – civil aviation, cars, railways, water-borne navigation and other transport means including pipelines and off-road

South Africa is in the process of creating a national GHG inventory system. This is a description and implementation of information flows, roles and responsibilities. The national system  will ensure that the country prepares and manages data collection and analysis, as well as all relevant information related to climate change in the most consistent, transparent and accurate manner for both internal and external reporting. This national system will be managed by the National Inventory Unit (NIU) within the Climate Change Branch at DEA.

The National Atmospheric Emission Inventory System (NAEIS) plays a major role in managing reporting and processing of data.  Hence reporting of GHG emission by direct emitters shall be done via the NAEIS as described in the proposed draft National Greenhouse Gas Emissions Reporting Regulations.

In terms of the Draft National Greenhouse Gas Emissions Reporting Regulations, data providers are required to notify the competent authority of any changes to registration details and transfer of ownership with 14 days, and register new data providers on the NAEIS within a month of transfer of ownership of a facility.

Report requirements outlined in the Draft measure state that data providers must submit the total greenhouse gas emissions arising from each of the activities listed in the Regulations to the NAEIS by 31 March annually.  This includes reporting for categories listed in tiers 1, 2 and 3.

A tier means the method used for determining greenhouse gas emissions as required by the IPCC.  These are:

  • Tier 1:  Default IPCC emission factors contained in the 2006 IPCC Guidelines are used to calculate emissions from activity data;
  • Tier 2:  Country-specific emission factors published in the Technical Guidelines for Monitoring, Reporting and Verification of Greenhouse Gas Emissions by Industry are used to calculate emissions from activity data; and
  • Tier 3:  Emission models, material carbon balances and continuous emission measurements in the Technical Guidelines for Monitoring, Reporting and Verification of Greenhouse Gas Emissions by Industry available on the Department of Environmental Affairs' website.

An additional requirement is that should there be any change in the activities of the industry or sector during the reporting period, the competent authority must be notified of such changes by 31 December of each year.

Monitoring and reporting must be complete and cover all process and combustion emissions from all emission sources and source streams belonging to activities listed in the Regulations.   The reporting of combustion emissions apply to individual combustion installation with a 10 Megawatt energy capacity, or more.

The Draft Regulations require proper record keeping of emissions data, the verification of information collected and supplied, and for on-site verification of emissions by a competent authority once every two years.  It also requires that requests for the verification of incomplete or incorrect information must be prepared by an independent person with the competent expertise on the accuracy of the information to be submitted to the NAEIS.

An extension during the four-year transitional period which will come into effect from the date of commencement of the Regulations, that allows the date provider to apply for, and report on emissions, on a lower tier than the norm, may be granted by a competent authority.

A person convicted of an offence in terms of Regulations is liable in the case of a first conviction to a fine not exceeding R5 million, or imprisonment not exceeding five years.  In the case of a second or subsequent conviction, the offender will be liable to a fine not exceeding R10 million or imprisonment not exceeding 10 years.  In both instances, the offender could be sentenced to both a fine and prison sentence.

Members of the public are invited to submit to the Minister, within 60 days of the publication of the notice in a Gazette, written representations on, or objections to, the draft regulations to the following addresses:

By post to: 

The Director-General : Department of Environmental Affairs
Attention: Mr Jongikhaya Witi
Private Bag X447
Pretoria
0001

Hand delivered to:

Environment House (reception)
Attention: Mr Jongikhaya Witi
473 Steve Biko Street
Arcadia,
Pretoria

By fax to: 086 586 7570 

By Email to: jwiti@environment.gov.za

An electronic copy of the draft Regulations can be downloaded from the link:

>> National Environmental Management: Air Quality Act (39/2004): Draft National Greenhouse Gas Emission Reporting Regulations (GN541 - G38857)

Comments received after the closing date may not be considered.

For media inquiries contact :

Albi Modise
Cell: 083 490 2871