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Eskom’s desire to avoid spending R42 billion reducing sulfur dioxide emissions at one of its largest power plants isn’t legally feasible, according to the Department of Environmental Affairs.

In addition to getting government approval, South Africa’s biggest air polluter would need to get the World Bank to agree to a breach of the terms of a $3,75 billion loan to avoid installing flue-gas desulfurisation equipment at its 4 764 megawatt Medupi coal-fired power plant. Eskom has said that it has had initial discussions with the environmental affairs department about the matter.

“There is no process in the law currently that accommodates refusal/failure to comply with emission standards,” the department said in a response to questions. It said it hasn’t received a formal request from Eskom and hasn’t spoken to the World Bank.

Without the equipment the plant is unlikely to be able to comply with emissions regulations because there is no alternative technology available to cut sulfur dioxide pollution to the same extent. — Bloomberg