Regarding the legislation requirements for Dust fall in South Africa – Dust fall legislation

 

With regard to dust fall legislation, there are only three listed activities in Section 21 of the ACT that require Dust Fall Monitoring on a continuous basis.  This is for activities which may have a significant detrimental effect on the environment.

 

(1) Subcategory 5.1: Storage and handling of ore and coal – Storage and handling of ore and coal not situated on the premises of a mine or works as defined in the Mines Health and Safety Act 29/1996.

 

And

 

(2) Subcategory 5.2: Clamp kilns for brick production

And

(3) Subcategory 8.3: Burning Grounds

 

All other potentially dust generating activities are covered by the Dust Control Regulations.

 

Below are some quotes from the regulations. http://www.dustwatch.com/dcr.pdf

 

“I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby make the

National Dust Control Regulations, in terms of section 53(o), read with section 32 of the National

Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), set out in the Schedule

hereto.:

 

“premises” means any land and structures thereon including stockpiles of materials,

roadways and other means of conveyance, from which dust may be generated through

anthropogenic or natural activities or processes;

 

“Purpose of the regulations

The purpose of the regulations is to prescribe general measures for the control of dust in all

areas.”

 

 

“Dustfall monitoring programme

(1) The air quality officer may require any person, through a written notice, to undertake a

dustfall monitoring programme as contemplated in subregulation (5) if:

(a) the air quality officer reasonably suspects that the person is contravening regulation 3; or

(b) the activity being conducted by the person requires a fugitive dust emission management

plan as per the notice published in terms of section 21 of the Act.

(2) Any person who conducts any activity in such a way as to give rise to dust in quantities

and concentrations that may exceed the dustfall standard set out in regulation 3 must,

upon receipt of a notice from the air quality officer, implement dustfall monitoring

programme.

(3) A person required to implement the dustfall monitoring programme must, within a

specified period, submit a dustfall monitoring report to the air quality officer.

(4) If a person who is required to implement the dustfall monitoring programme has an

existing one, the reports of that programme shall be accepted by the air quality officer if it

meets the requirements of regulation 5.

(5) A dustfall monitoring programme must include:

(a) the establishment of a network of dust monitoring points using method ASTM D1739:

1970 (or equivalent), sufficient in number to establish the contribution of the person to

dustfall in residential and non-residential areas in the vicinity of the premises, to monitor

identified or likely sensitive receptor locations, and to establish the baseline dustfall for

the district; and

(b) a schedule for submitting to the air quality officer, dustfall monitoring reports annually or

at more frequent intervals if so requested by the air quality officer.”

 

And finally a quote from the NEMAQA: Air Quality Act, 2004 (Act No. 39 of 2004),

“Control of dust”

32. The Minister or MEC may prescribe-

(a) measures for the control of dust in specified places or areas, either in general

or by specified machinery or in specified instances;

(b) steps that must be taken to prevent nuisance by dust; or

(c) other measures aimed at the control of dust.”

 

Some additional standards for Gases and PM10 are provided in the Air Quality Standards 

Please do not hesitate to contact me regarding any queries.

 

Sincerely

Chris Loans

 

DustWatch CC – Precipitant Dust Monitoring

082 875 0209 or 021 789 0847 (Chris)

083 308 4764 (Gerry)

0866 181 421 (Fax)

www.dustwatch.com

Training available for dustfall reporting