1 Volume 115| Number 9/10 September/October 2019 Commentary https://doi.org/10.17159/sajs.2019/6100 © 2019. The Author(s). Published under a Creative Commons Attribution Licence. 15 Years after the National Environmental Management Air Quality Act: Is legislation failing to reduce air pollution in South Africa? AUTHORS: Cheledi Tshehla 1,2 Caradee Y. Wright 1,3 AFFILIATIONS: 1 Department of Geography, Geoinformatics and Meteorology, University of Pretoria, Pretoria, South Africa 2 South African Weather Service, Pretoria, South Africa 3 Environment and Health Research Unit, South African Medical Research Council, Pretoria, South Africa CORRESPONDENCE TO: Cheledi Tshehla EMAIL: Cheledi.Tshehla@weathersa.co.za HOW TO CITE: Tshehla C, Wright CY. 15 Years after the National Environmental Management Air Quality Act: Is legislation failing to reduce air pollution in South Africa? S Afr J Sci. 2019;115(9/10), Art. #6100, 4 pages. https://doi.org/10.17159/ sajs.2019/6100 ARTICLE INCLUDES: ☐ Peer review ☒ Supplementary material KEYWORDS: human health, environmental health, regulation, guidelines PUBLISHED: 26 September 2019 Air pollution is characterised by the presence of chemicals or compounds in the air which are usually not present or are present at levels higher than those considered to be safe for human health. 1 Air pollution is the main cause of environmental effects such as acid rain (formed primarily by nitrogen oxides and sulfur oxides in the atmosphere) which can acidify soil and water bodies leading to a threat on food security; and ground-level ozone which is responsible for destruction of agricultural crops and commercial forests. 2 Air pollution can cause detrimental changes to the quality of life. According to the World Health Organization, air pollution is one of the greatest environmental threats to human health that can lead to increased mortality and morbidity. Pollutants mostly associated with health effects are particulate matter, ozone, sulfur dioxide and nitrogen dioxide. 3 Efforts have been made locally through the transition in legislation from the Atmospheric Pollution Prevention Act (APPA) Number 45 of 1965 (focused on air pollution emitters) to the National Environmental Management Air Quality Act (NEMAQA) No. 39 of 2004 to not only reduce emissions of air pollutants but also to monitor effects of air pollution on the environment. National Ambient Air Quality Standards for pollutants such as particulate matter (PM 10 ), lead (Pb), sulfur dioxide (SO 2 ), nitrogen dioxide (NO 2 ), carbon monoxide (CO), ozone (O 3 ), and benzene (C 6 H 6 ) were gazetted in 2009 4 , with PM 2.5 gazetted in June 2012 5 . However, the problems associated with air pollution are far from being solved, particularly with the observed levels of particulate matter and ozone in areas declared as hotspots (Priority Areas) in South Africa. The main sources of particulate matter in these areas have been identified as industry, mining, motor vehicles, and biomass and domestic burning. 6-8 Ground-level ozone is formed as a result of photochemical reactions in the atmosphere in the presence of sunlight. 9 The current approach to implementation of air quality legislation to reduce air pollution may be inadequate considering evidence of negative impacts and risks. 10,11 Effective management of air quality in South Africa will require sound policy implementation, air quality monitoring and the enforcement of legislation and standards. Cooperation between government departments, economic sectors, research institutions and the public is of great importance in the battle against air pollution. The political buy-in of all spheres of government (municipal, provincial and national) is needed to ensure that environmental issues are at the top of the agenda in every sitting of the legislator to ensure that environmental programmes are allocated enough attention and appropriate resources. A published study has shown that a direct positive effect of democratic institutions on environment quality is higher in developed countries than in developing countries. 12 The aim of this Commentary is threefold: (1) to provide an overview of the current NEMAQA legislative instruments for air pollution prevention; (2) to consider the current state of NEMAQA implementation approaches; and (3) to reflect on future approaches for effective implementation of NEMAQA and ultimate reduction of air pollution in South Africa. Air pollution and its management Air pollutants are solid particles, gases and liquid droplets in the air that can adversely affect ecosystems and human health. 13 Major ambient air pollutants include toxic metals, volatile organic compounds, PM 10 , PM 2.5 , NOx, SO 2 , O 3 and CO 3 . Air pollutants are classified according to the source of emission into two main groups: primary and secondary pollutants. Primary air pollutants are emitted directly into the air from sources. They can have effects both directly and as precursors of secondary air pollutants (such as O 3 , NO 3 - , SO 4 2- , H 2 SO 4 ) which are formed by chemical reactions in the atmosphere. 14 Air pollutants can be emitted by natural sources such as wildfires, volcanic activities and crustal materials as well as anthropogenic activities such as power plants, smelters, mines, vehicles and domestic wood and coal burning. 15, The distribution of these pollutants is dependent on meteorological conditions. 16 NEMAQA specifies that to reduce and manage air quality there needs to be: • decentralisation of air quality management among all spheres of government; • identification and quantification of all sources; • compliance monitoring and enforcement; • setting of ambient and emissions standards; • development of Air Quality Management Plans (AQMPs) by all spheres of government and emissions reductions and management plans by all source emitters; • access to information and public consultation; and • norms and standards for air quality monitoring and management. South Africa’s national Department of Environmental Affairs (DEA) is mandated to develop, review and revise systems and procedures for attaining compliance with Air Quality Standards in South Africa. The provincial DEAs must monitor ambient air quality in their provinces as well as the performance of municipalities in implementing the Air Quality Act. Local authorities are required, in terms of the Air Quality Act (Section 8(a)), to monitor ambient air quality and emissions from point, non-point and mobile sources. Therefore, authorities must study emissions reports from licensed emitters to ensure that they comply with the conditions of their licences. The municipal by-laws should