Centre for Environmental Rights – Advancing Environmental Rights in South Africa

Requested copies of all information in relation to

1. All 2018 annual and bi-annual external audit reports submitted by AMSA Vanderbijlpark to Sedibeng, including 2018 atmospheric emission licence (AEL) external audit reports which were due for submission in the first quarter of 2018
2. A copy of AMSA Vanderbijlpark’s full 2012 AEL (licence number AEL/0003/SDM/2012), and associated documents which include:
   2.1. all annexures referred in paragraph 5.5 of the AEL;
   2.2. tar improvement plan (and AMSA’s tar plant external reports, if any), required to be submitted in terms of condition 7.2 of AEL
3. AMSA Vanderbijlpark’s AEL renewal application as submitted, in respect of its AEL (licence number AEL/0003/SDM/2012) which expired on 30 March 2017. The application should also include:
   3.1. date of submission by AMSA and date and details of receipt;
   3.2. any accompanying annexures;
   3.3. all correspondence between DEA and/or Sedibeng Municipality and/or AMSA in respect of the AEL renewal application;
   3.4. any efforts made by AMSA, including any court action or application from 2017 to the date of Sedibeng’s PAIA response, to expedite the AEL issuance;
   3.5. full details and information related to public participation that took place in relation to AMSA’s AEL renewal process; and, if no such participation took place, an explanation for this;
   3.6. details and information related to any additional activities in terms of section 21 of the National Environmental Management: Air Quality Act, 2004, which are not included in the expired AEL (licence number AEL/0003/SDM/2012);
   3.7. any further amendments or variation (through formal application or otherwise) of the contents of the now-expired AEL;
   3.8. information/advice as to whether the AEL is being reviewed and/or varied currently or when such processes are planned; and
   3.9. any orders, findings or directives by DEA or Sedibeng issued to AMSA Vanderbijlpark in relation to the AEL renewal application.
4. If already issued, a copy of AMSA Vanderbijlpark’s renewed AEL (including any annexures and attachments referred to in the AEL), as well as full reasons for the issuance.
5. Information related to any action that Sedibeng Municipality advised AMSA to take, before it can process and issue the AEL renewal. This would include information, minutes or meeting or outcomes of the meeting that took place between DEA and Sedibeng on or around 19 January 2018 around this issue.
6. The following information/data, in respect of AMSA Vanderbijlpark’s operations in Sedibeng Municipality’s possession:
   6.1. raw data for all PM exceedances – including dates, amounts etc. – from each point source for 2016-2018;
   6.2. raw dust fallout data for 2016-2018;
   6.3. raw data for ambient air quality monitoring 2016-2018;
   6.4. raw data for daily average emissions from all the respective point sources –which includes but is not limited to H2S, SO2 and NOx, HCl, VOC – for 2016-2018; and
   6.5. data in relation to the quantitative estimate of fugitive emissions at the Galvanising and Pickle lines for 2016-2018.
7. Details of any compliance or enforcement action taken by Sedibeng Municipality, against AMSA Vanderbijlpark, in relation to its AEL contraventions, from 2003 to the date of Sedibeng Municipality’s response to this PAIA request, including the respective case numbers, details of the investigation office, nature of the matter, and its status, including when the case was or will be finalised, and reasons for its withdrawal.