Chemical Industry and Boilers in Focus
– Draft Listed Activity Amendments Released –
15 September 2025
The air quality Listed Activities, first introduced fifteen years ago, have undergone several rounds of amendments over the years. Each update has sought to keep the regulatory framework aligned with the National Environmental Management Act (NEMA) and the National Environmental Management: Air Quality Act (NEM:AQA), while ensuring that the requirements remain both practical and effective.
The most recent reform process has been underway for some time. The Department of Forestry, Fisheries and the Environment (DFFE) began engaging with stakeholders in September 2022, followed by further industry consultations in April and November 2023. Those discussions have now culminated in a formal draft.
On 29 August 2025, the draft amendments were published for public comment, with comments due for submission by 29 September 2025. While the proposed changes are wide-ranging, there is a particular focus on the organic chemical processing sector, and operators of multiple small package boilers. If your facility may be affected, we encourage you to submit comments to the DFFE or to share them with us, and we will ensure that they are communicated.
The list below sets out all current and proposed Listed Activities. Blue hyperlinks indicate new additions or changes to existing subcategories – click on a link to be directed to further information on the new subcategory or the proposed change.
If your process is listed beneath, please contact us to discuss whether you will now require an Atmospheric Emission Licence (AEL), or whether your existing AEL will need to be varied. Furthermore, if you are unsure whether a particular category applies to your facility, we will gladly assist.
Category 1: Combustion Installations
1.1 Solid Fuel Combustion Installations
1.2 Liquid Fuel Combustion Installations
1.3 Solid Biomass Combustion Installations
1.4 Gas Combustion Installations
1.5 Reciprocating Engines
1.6 Waste Cofeeding
1.7 – 1.11: Small boilers with Cumulative Capacity ≥ 50MW NHI (Net Heat Input) per facility:
1.7 Solid Fuel Fired Small Boilers
1.8 Liquid Fuel Fired Small Boilers
1.9 Gaseous Fuel Fired Small Boilers (CNG or LPG)
1.10 Gaseous Fuel Fired Small Boilers (Process Gas)
1.11 Solid Biomass Fired Small Boilers
Category 2: Petroleum Industry
2.1 Combustion Installations
2.2 Catalytic Cracking Units
2.3 Sulphur Recovery Units
2.4 Storage and Handling of Petroleum Products
2.5 Industrial Fuel Oil Recyclers
Category 3: Carbonization and Coal Gasification
3.1 Combustion Installations
3.2 Coke Production
3.3 Tar Processes
3.4 Char, Charcoal and Carbon Black Production
3.5 Electrode Paste Production
3.6 Synthetic Gas Production and Cleanup
Category 4: Metallurgical Industry
4.1 Drying and Calcining
4.2 Combustion Installations
4.3 Primary Aluminium Production
4.4 Secondary Aluminium Production
4.5 Sinter Plants
4.6 Basic Oxygen Furnaces
4.7 Electric Arc Furnaces (Primary and Secondary Furnaces, including Ladle Furnaces)
4.8 Blast Furnaces
4.9 Ferroalloy Production
4.10 Foundries
4.11 Agglomeration Operations
4.12 Prereduction and Direct Reduction
4.13 Lead Smelting
4.14 Production and Processing of Zinc, Nickel and Cadmium
4.15 Processing of Arsenic, Antimony, Beryllium, Chromium and Silicon
4.16 Smelting and Converting of Sulphide Ores
4.17 Precious and Base Metal Production and Refining
4.18 Vanadium Ore Processing
4.19 Production and or Casting of Bronze, Brass and Copper
4.20 Slag Processes
4.21 Metal Recovery
4.22 Hot Dip Galvanizing
4.23 Metal Spray
Category 5: Mineral Processing, Storage, Handling
5.1 Storage and Handling of Ore and Coal
5.2 Drying
5.3 Clamp Kilns for Brick Production
5.4 Cement Production (using conventional fuels and raw materials)
5.5 Cement Production (using alternative fuels and/or resources)
5.6 Lime Production
5.7 Lime Production (using alternative fuels and/or resources)
5.8 Glass and Mineral Wool Production
5.9 Ceramic Production
5.10 Macadam Preparation
5.11 Alkali Processes
Category 6: Organic Chemicals Industry
6.1: Combustion Installations
6.2: Production and or Use of Lower Olefins
6.3: Production and or Use of Aromatics
6.4: Production and or Use of Oxygenated Compounds
6.5: Production and or Use of Nitrogenated Compounds
6.6: Production and or Use of Halogenated Compounds
6.7: Production and or Use of Sulphur Containing Compounds
6.8: Production and or Use of Organo-Metallic Compounds
6.9: Polymers – Production of Polyolefins
6.10: Polymers – Production of Polystyrene (note: published as “Polysterene,” which appears to be a typographical error)
6.11: Polymers – Production of Polyesters
6.12: Polymers – Production of Polyamides
6.13: Polymers – Production of Polyvinyl Chloride
6.14: Polymers – Production of Polyvinyl Acetate
6.15: Polymers – Production of Polyvinyl Alcohol
6.16: Polymers – Production of Polyacrylonitrile
6.17: Polymers – Production of Polytetrafluoro Ethylene
6.18: Polymers – Production of Polymethyl Methacrylate
6.19: Polymers – Production of Emulsion Polymerised Styrene Butadiene Rubber
6.20: Polymers – Production of Solution Polymerised Rubber Containing Butadiene
6.21: Polymers – Production of Butadiene Rubber
6.22: Polymers – Production of Ethylene-Propylene Diene Monomer Rubber
6.23: Polymers – Production of Isobutylene-Isoprene Rubber
6.24: Polymers – Production of Isoprene Rubber
6.25: Polymers – Production of Chloroprene Rubber (note: duplication of 6.25 and omission of 6.26 as published in the draft amendments)
6.25: Polymers – Production of Acrylonitrile-Butadiene Styrene
6.27: Polymers – Production of Acrylonitrile Butadiene Rubber (note: listed in the draft as “Acrylonitrile – Production of Production of Butadiene Rubber,” which appears to be a typographical error)
6.28: Polymers – Production of Synthetic Butadiene Rubber
6.29: Polymers – Production of Styrenic Block Copolymer
6.30: Polymers – Production of Polyethylene Terephthalate Fibres
6.31: Polymers – Production of Viscose Fibres
6.32: Production of Organic Pigments and Dyes
6.33: Production of Surface-Active Agents and Surfactants
6.34: Production and or Use of Carbon Disulphide
Category 7: Inorganic Chemicals Industry
7.1 Production and or Use in Manufacturing of Ammonia, Fluorine, Fluorine Compounds, Chlorine, and Hydrogen Cyanide
7.2 Production of Acids
7.3 Production of Chemical Fertilizer
7.4 Production, Use in Production or Recovery of Antimony, Arsenic, Beryllium, Cadmium, Chromium, Cobalt, Lead, Mercury, and or Selenium, by the Application of Heat
7.5 Production of Calcium Carbide
7.6 Production or Use of Phosphorus and Phosphate Salts not mentioned elsewhere
7.7 Production of Caustic Soda
Category 8: Thermal Treatment of Waste
8.1 Thermal Treatment, General & Hazardous Waste
8.2 Crematoria and Veterinary Waste Incineration
8.3 Burning Grounds
8.4 Drum Recycling Processes
Category 9: Pulp and Paper Manufacturing
9.1 Lime Recovery Kiln
9.2 Chemical Recovery Furnaces
9.3 Chemical Recovery Copeland Reactors
9.4 Chlorine Dioxide Plants
9.5 Wood Burning, Drying and the Production of Manufactured Wood Products
Category 10: Animal Matter Processing
| Category 1 | Addition of Subcategories 1.7 to 1.11: Combustion Installations |
|---|---|
| Existing |
Category 1 of the Listed Activities currently has six subcategories and regulates: - boilers with design ratings ≥ 50 MW net heat input (NHI) per unit (Subcategories 1.1 – 1.4), - reciprocating engines with design ratings ≥ 10 MW NHI per unit (Subcategory 1.5), - combustion installations that co-feed waste with conventional fuels (Subcategory 1.6). Subcategories 1.7 to 1.11 currently do not exist. |
| Proposed |
The draft amendments propose that additional Subcategories 1.7 to 1.11 be added under Category 1. These subcategories would apply where two or more “small boilers” at a single facility cumulatively exceed 50 MW NHI. In earlier pre-draft documents, the term “small boiler” was expressly defined with reference to the Declaration of a Small Boiler as a Controlled Emitter (G.N. 831 of 2013). That declaration classifies small boilers as those with a design rating between 10 and 50 MW (NHI) per unit. On this basis, the pre-draft amendments indicated that a facility’s cumulative capacity should be calculated by summing the NHI ratings of all Controlled Emitter boilers on site, excluding any units below 10 MW. The draft amendments published on 29 August 2025, however, do not contain a definition of “small boiler.” While this is likely an oversight, it introduces uncertainty. It is unclear whether the 50 MW cumulative threshold applies only to Controlled Emitters, or to the total capacity of all boilers at a facility, regardless of size. This distinction is significant, as it would materially affect which facilities exceed the 50 MW threshold and are therefore subject to the amended Listed Activities. Clarification will be critical during the public comment process, and Yellow Tree will raise this issue with the DFFE. Where the cumulative boiler capacity exceeds 50 MW, the draft amendments propose that the facility must obtain an Atmospheric Emissions Licence (AEL) in order to operate. Facilities triggering the new Subcategories 1.7 to 1.11 would be afforded a transitional period of 12 months either to apply for an AEL (if one is not already held for other activities at the site) or to apply for a variation of an existing AEL to include the new subcategories. The emissions limits that are set out in the August draft amendments are the same as those in the Declaration of a Small Boiler as a Controlled Emitters (G.N. 831 of 2013). Therefore, if the draft amendments are intended to apply only to Controlled Emitters, then there is no change to the emissions limits even if the cumulative capacity exceeds 50 MW. However, if the term “small boilers” denotes all boilers smaller than 50MW, then those that are presently too small to be controlled emitters (i.e. <10MW) will also be subject to these limits in the future, whereas presently they are not subject to any limits. During stakeholder consultations, the DFFE clarified that the 50 MW threshold will be assessed by summing boiler capacities even if these boilers are burning different fuels. However, this is not expressly stated in the draft amendments, and Yellow Tree will recommend that this point be clarified. |
| Category 3 | Subcategory 3.6: Synthetic Gas Production & Cleanup |
|---|---|
| Existing | An emissions limit of 3 500 mg/Nm3 for hydrogen sulphide (H2S) has applied since the 01st of April 2020. |
| Proposed | The draft amendments introduce a significantly stricter emissions limit of 600 mg/Nm3 which facilities will be required to meet within three years of the amendments being promulgated. |
| Category 4 | Subcategory 4.7: Electric Arc Furnaces (Primary & Secondary Furnaces, including Ladle Furnaces) |
|---|---|
| Existing | The existing Subcategory is entitled “Electric Arc Furnaces (Primary & Secondary).” It is unclear whether the reference to “primary and secondary” is intended to distinguish between different types of furnaces, or between primary and secondary metal processing activities. |
| Proposed | The draft amendments propose that the words “furnaces, including ladle furnaces” be inserted after the words “primary and secondary” so that the title reads: “Subcategory 4.7: Electric Arc Furnaces (Primary and Secondary Furnaces, including Ladle Furnaces)”. This will clarify that Subcategory 4.7 applies to primary and secondary electric arc furnaces, including electric arc ladle furnaces – and not to primary and secondary metal processing activities. |
| Category 4 | Subcategory 4.17: Precious and Base Metal Production and Refining |
|---|---|
| Existing | There is no threshold associated with Subcategory 4.17 and thus it applies to all activities that are involved in the production and processing of precious and associated base metals through chemical treatment. |
| Proposed | The draft amendments propose that a threshold of 500 grams of product per month be instituted. This will exclude micro-producers and micro-processors of precious and base metals from being regulated. |
| Category 4 | Subcategory 4.21: Metal Recovery |
|---|---|
| Existing | The description of this activity currently reads: “The recovery of metal from any form of scrap material by the application of heat”. However, the application of the subcategory by licensing authorities is inconsistent, from one municipality to another, because it is unclear what constitutes “scrap”. Furthermore, the use of the word “scrap” implies that this Subcategory applies only to the recovery of metal from other scrap metals, and excludes different types of waste (like tyres). |
| Proposed |
The proposed amendments alter the description to read “The recovery of metal from any form of scrap metal and/or material and waste material by the application of heat (excluding secondary aluminium production covered under Subcategory 4.4 of the List).” This should ensure that Subcategory 4.21 regulates those who recover metals from other types of waste, particularly waste tyres, in addition to scrap. Furthermore, the recovery of aluminium from scrap is explicitly excluded from this subcategory. At the first stakeholder meeting on 7 September 2022, Yellow Tree highlighted that Subcategory 4.21 has not been consistently applied between the various municipalities of South Africa. The current description, “The recovery of metal from any form of scrap material by the application of heat”, implies that any facility recovering any type of metal from any type of scrap should fall within its scope. In practice, however, this is seldom the case. When “clean scrap” is recycled into aluminium, steel, or copper, Subcategory 4.21 is generally not applied, as other provisions such as Subcategory 4.4 (Secondary aluminium), Subcategory 4.10 (Foundries), and Subcategory 4.19 (Production and/or Casting of Bronze, Brass and Copper) already cover these processes. This issue was raised again on 21 April 2023, when the DFFE acknowledged that activities such as the recycling of “clean scrap” should be explicitly excluded from Subcategory 4.21. While the proposed amendments now expressly exclude aluminium scrap recovery, they do not provide the same clarity for copper and steel. Yellow Tree will therefore raise this concern again during the public comment period. |
| Category 5 | Subcategory 5.1: Storage & Handling of Ore and Coal |
|---|---|
| Existing | This subcategory currently applies to those storing and handling coal in a location that is not on the premises of a mine/works as defined in the Mines Health and Safety Act 29/1996. The threshold of this activity is currently: “locations designed to hold more than 100 000 tonnes.” |
| Proposed |
The draft amendments propose that the title and description which use the word “and” be amended to use “and/or”. Further, the exclusion has been amended from “a location that is not on the premises of a mine or works as defined in the Mines Health and Safety Act 29/1996” to “a location that is not in a mining area as defined in the Mineral and Petroleum Resources Development Act”. The title will then read “Storage and/or handling of Ore and Coal”. The description will then read “Storage and/or handling of ore and coal not situated in a mining area as defined in the Mineral and Petroleum Resources Development Act.”. The threshold will also be amended and will read “Locations designed to hold or handle more than 100 000 tonnes throughput per annum”. By adjusting the threshold from an absolute value of 100 000 tonnes, to a capacity or a throughput of 100 000 tonnes per annum, coal or ore handling facilities which have high throughputs, but were not previously regulated because they have small storage facilities (such as trade ports), will become regulated. Notably, no transitional arrangements have been proposed for facilities that did not previously trigger Subcategory 5.1 but will now do so. Transitional provisions have been included for Subcategories 1.7–1.11 and Category 6 activities, and were also provided for Subcategory 5.1 in the pre-draft amendments. It is recommended that such arrangements be provided for Subcategory 5.1, and we will raise this issue during the public comment period. |
| Category 6 | Addition of Subcategories 6.1 to 6.34: Organic Chemicals Industry |
|---|---|
| Existing | Industries that use and produce organic chemicals are currently regulated under a single, broad, listed activity: Category 6. In practice, however, there has been ongoing uncertainty about which chemicals fall within the scope of “organic chemicals” and therefore trigger this category. The DFFE has acknowledged that, as a result, this remains one of the most under-regulated sectors. Added to this is uncertainty regarding which pollutants must be monitored for different organic chemical processes. |
| Proposed |
To address the shortcomings of the existing Category 6, the proposed amendments divide it into 34 distinct subcategories, each with defined pollutants and corresponding emission limits tailored to the regulated activity. Transitional arrangements have been proposed for all of the new Category 6 subcategories, with the exception of Subcategory 6.1 (Combustion Installations). Facilities that did not previously trigger Category 6 but now do so, will have 12 months within which to apply for a new AEL, while facilities that already hold an AEL will be required to apply for a variation of their existing licence within the same period. Much of the restructuring of Category 6 is directed at polymers — rubber in particular. However, several of the proposed subcategories appear to overlap with rubber production. For example, separate entries cover emulsion polymerised styrene-butadiene rubber (6.19), solution polymerised rubber containing butadiene (6.20), butadiene rubber (6.21), and synthetic butadiene rubber (6.28). Additional subcategories also reference acrylonitrile-butadiene styrene (6.25) and other copolymer rubbers. In practice, a facility producing styrene-butadiene rubber could be captured under more than one of these subcategories, depending on whether its process is interpreted as “butadiene rubber” (6.21), “synthetic butadiene rubber” (6.28), or “emulsion polymerised styrene-butadiene rubber” (6.19). This duplication creates regulatory uncertainty, and clarification will be important to ensure consistent application of the amendments. |
| Category 7 | Subcategory 7.2: Production of Acids |
|---|---|
| Existing | Subcategory 7.2 currently applies to the production, bulk handling and or use in manufacturing of hydrofluoric, hydrochloric, nitric and sulphuric acid (including oleum) in concentration exceeding 10%. Subcategory 7.2 also applies to the production of acid sulphites of alkalis, alkaline earths, liquid sulphur, sulphurous acid, and the secondary production of HCl through regeneration. |
| Proposed | The draft amendments propose that the term "bulk handling" be removed from the description, therefore excluding the bulk handling of acids. The bulk handling of acids is not expected to produce significant emissions. This is corroborated by Yellow Tree’s testing experience. The draft amendments also bring clarity that was previously amiss, stating that the emission limits for the use of HCl in manufacturing are the same as those for the secondary production of HCl. |
| Category 9 | Subcategory 9.4: Chlorine Dioxide Plants |
|---|---|
| Existing | Subcategory 9.4 currently applies to the “Production and use of chlorine dioxide for paper production”. |
| Proposed | The draft amendments propose that the description be amended to “Production and use of chlorine dioxide for pulp; and paper production.” |
| Category 9 | Subcategory 9.5: Wood Drying & the Manufacture of Wood Products |
|---|---|
| Existing | The description currently reads: “The drying of wood; and the manufacture of laminated and compressed wood products.” |
| Proposed |
As a result of a High Court judgment in 2021, indirectly fired kilns are to be excluded from this subcategory. The description is to be changed to “The drying of wood using directly fired kilns; and the manufacture of laminated and compressed wood products.” You can read more about this here. In 2018, the 10% oxygen reference applicable to pollutants reported under this subcategory was removed, as it was not considered appropriate for many activities producing laminated and compressed wood products. The proposed amendments, however, reintroduce a 10% oxygen reference. This appears to be an error and will be raised with the DFFE. |
| Category 10 | Animal Matter Processing |
|---|---|
| Existing |
Category 10 applies to the “rendering, cooking, drying, dehydrating, digesting, evaporating or protein concentrating of any animal matter not intended for human consumption”. This category has no emissions limits. Instead, best practices that minimise or avoid offensive odours must be implemented. However, Section 21 of NEMAQA obligated the Minister of the DFFE to declare minimum emissions standards (MES) for all Listed Activities. Thus, the fact that no emissions limits have been set for Category 10 is inconsistent with NEMAQA. |
| Proposed | Emissions limits for hydrogen sulphide (H2S), ammonia (NH3) and total volatile organic compounds (TVOCs) have been proposed. Facilities that were operational, or received Environmental Authorisation prior to the amendments being published will be given 5 years to become compliant with the emissions limits. |
| Paragraph | Definitions |
|---|---|
| Existing | Existing small boilers and new small boilers are not defined because there are currently no Listed Activities that refer to small boilers. |
| Proposed | Existing small boilers are defined as those manufactured before 1 November 2013, while new small boilers are defined as those manufactured after that date. However, as discussed, the draft amendments do not provide a definition of the size that qualifies a boiler as a “small boiler”. |
| Paragraph | 1A |
|---|---|
| Existing | Does not currently exist. |
| Proposed | The draft amendments propose that paragraph 1A, which reads “Production, consumption, usage and processing rates thresholds prescribed in the section 21 notices shall refer to the design rates” be inserted. |
| Paragraph | 3 |
|---|---|
| Existing | Paragraph 3 states “Should normal startup, maintenance, upset and shutdown conditions exceed a period of 48 hours, section 30 of the National Environmental Management, 1998 (Act No. 107 of 1998), shall apply unless otherwise specified by the Licensing Authority.” |
| Proposed | The draft amendments propose that this be rewritten as: “Normal startup and shutdown period shall be limited to a 48 hour period unless otherwise specified by the licensing authority.” |
What next?
If your listed activity is changing, please do contact us to discuss whether you now require an AEL, or whether your existing AEL will need to be varied. If you require clarity on whether one of these categories will now apply to your site, we would love to chat.