Environmental groups have filed an appeal against a decision to allow Eskom to bypass pollution rules as it implements a temporary fix at Kusile power station in Mpumalanga.
The interim solution could add about 2,000MW to the grid about a year earlier than a permanent solution would. But, Vukani Environmental Justice Movement in Action and groundWork, represented by the Centre for Environmental Rights (CER), say the health effects of the excess pollution could result in societal costs of up to R24bn.
The cost estimate is based on modelling done by the Centre for Research into Energy and Clean Air, which projected that increased emissions from Kusile could result in 670 excess deaths, 3,000 asthma emergency room visits, 720,000 days of work absence and societal costs of as much as R24bn.
“In addition to the sixfold increase in SO² (sulphur dioxide) emissions (an excess of 280,000 tonnes), [increased emissions] will also see a 40% increase in the emission of mercury — a potent neurotoxin which persists in the environment for years,” the environmental groups said.
In papers filed with the appeals and legal review directorate on Thursday, the groups stated that the excess CO² emissions are equal to almost 20 years of emissions from the normal operation of the plant.
“We are expecting hundreds of people to sacrifice their lives, and thousands more to experience disabilities, because of our poor energy choices. This is unconscionable. We need to shift to renewable energy as a matter of utmost urgency,” said Michelle Cruywagen, senior campaign manager of coal and a just transition at groundWork.
The repairs at Kusile became necessary after a flue gas desulphurisation duct, which carries emissions from unit 1 to a large chimney, collapsed under the weight of ash build-up inside the pipe in October 2022. The chimney also houses flue gas ducts for units 2 and 3. As a result, all three units — with a combined generation capacity of 2,100MW — had to be shut down, contributing to two full stages of load-shedding.
To bring the units back into service as soon as possible, Eskom proposed a temporary fix, including building and operating temporary stacks for units 1, 2 and 3 without the use of the flue gas desulphurisation mechanism for 13 months.
However, to implement the fix, Eskom needed permission from the national air quality officer to postpone the compliance time frames for minimum emission standards for new plants.
It was acknowledged that the temporary solution was likely to increase SO² emissions with major health consequences for people living nearby.
The national air quality officer granted the postponement on June 5, allowing Eskom to operate the three units without the use of the flue gas desulphurisation plant until March 31 2025, while flue gas ducts in the permanent stack are repaired.
According to Eskom, the temporary stack structures for unit 3 will be completed by November and those of units 1 and 2 by December.
“This will enable the return of 2,100MW, further alleviating pressure on the power system and reducing load-shedding by two stages,” Eskom said. Repairs to ducts in the permanent stack are scheduled to be completed by December 2024.
Technically the appeals process can take up to 70 days to be concluded, but if further expert opinion is sought by Eskom or the appeals authority the process can take longer, said Brandon Abdinor, climate advocacy lawyer at the CER.
The appeal suspends the decision by the air quality officer. This means that the three units cannot come on stream before the application is decided. However, the temporary exemption granted by the department of forestry, fisheries & the environment allows Eskom to continue with construction work on the temporary stacks, which can occur in parallel with the approval process.
It has so far spent R250m on the construction of temporary stacks at the plant, but the costs are likely to escalate.
Among the main grounds for appeal are that Eskom failed to facilitate a fair and effective public participation process as required, and that the decision to grant Kusile power station a postponement of compliance with the SO² new-plant standard from June 5 to March 31 2025 is unlawful.
According to the appellants, Eskom failed to demonstrate that emissions do not have a direct adverse effect on the immediate environment.
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