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1. Air pollution is considered to be primarily an urban problem in Pakistan as the rate of urbanization increases. In rural areas, air quality is considered to have been negatively affected areas adjacent to industrial estates or isolated industrial plants set up outside city limits. The notion of maintaining good air quality has been the focus of attention among concerned stakeholders in Pakistan. Very little work has been initiated in Pakistan on integrated AQMS and this has been mostly isolated in nature. For the last few years, due to the liberal leasing system adopted by the financial institutions, the density of transport has increased many folds on the roads of Pakistan. Urban air quality is being deteriorated due to lack of public transportation system, inadequate traffic flow and transport management (which has not been given due importance until now in Pakistan), use of outdated technology including fuel substitution & non availability of less polluted fuels (e.g. low Sulphur fuels, CNG), and fuel adulteration, and non existence of management tools for effective implementation of laws linking control on emissions, strengthening vehicle inspection and maintenance and transport planning. Further the present cities roads infrastructure cannot cater the need of growing automobiles flow. The result is the worsening condition of ambient air quality in Pakistani cities. 2. Although the history of protection of forests and wildlife in Pakistan dates back to preindependence period, efforts to address environmental concerns started gaining momentum after the United Nations Conference on Environment and Development held in Stockholm in 1972. In 1976, a full fledged Division of Environment and Urban Affairs Division was established to deal with matters relating to environment. In 1983 Pakistan Environmental Protection Ordinance of 1983, was promulgated to regulate environmental protection and establishment of Pakistan Environmental Protection Council chaired by the Prime Minister, Pakistan. Provincial Environmental Protection Agencies were established under execution order of the Provincial Governors. In 1997 the Pakistan Environmental Protection Act (1997) was adopted by the parliament to provide a comprehensive framework to regulate environmental protection and provide sustainable development. In continuation PEPC provided a legal base for the establishment of Federal and Provincial Environmental Agencies. PEPC is represented by the Provincial Governments, concerned Federal Ministries / Divisions as well as NGOs, trade and industries. Since then, many institutional, policy and regulatory developments have taken place at the Federal and Provincial levels. During this period, several institutions on environment were materialized which include, inter-alia, approval of National Conservation Strategy (NCS) by the government appointment of the full fledged Minister for the Environment. 3. The NCS recommends actions to be taken in 14 core areas, in order to redress the aggravating environmental degradation including air pollution. World Bank sanction on IDA credit of US$ 29 million for the Environment Protection and Resource Conservation Project aimed at strengthening the Federal Ministry of Environment, Pakistan EP, Provincial EPAs of NWFP, Sindh and Balochistan. Canadian CIDA provided grant / assistant to Pak-EPA, Sustainable Development Policy Institute (SDPI) and IUCN for implementing of NCS. In February 2001, UNDP provided fund for NEAP to four core programs: clean air, clean water, solid waste management, and ecosystem management. 4. All these efforts were however, not fully successful to arrest environmental degradation, the quality of environment in the country continues to deteriorate, especially in terms of air pollution. 5. It has been noticed that influence on linkages to economic and social issues is limited, and some key elements of sustainable development which have emerged since 1992 (such as climate change, sustainable livelihoods and trade and environment) are missing in NCS. Furthermore, environmental challenges facing Pakistan have amplified over the years owing to a number of factors including rapid increase in population, increased urbanization and growing poverty. In Pakistan, the deterioration of environment continues to affect livelihoods and health thus increasing the vulnerability of the poor to natural disasters and environment-related conflicts. The World Bank in 2006 estimated the cost of environmental neglect and degradation around Rs. 365 billion per year.
the second most important contributor after municipal solid and liquid wastes. These losses to national exchequer are colossal when compared to the costs of pollution abatement [5]. Failures in incorporation of these factors in economic policies contribute to significant loss to GDP and create many health / environmental problems. According to this study, about 16.28 million people (40% of the total urban population) of Pakistan are under risk of bad air quality which is costing Rs. 25.7 billion every year on account of health merely by not complying with the WHO AAQS. 14. The WB reports that air pollution (AP) causes 168,000 premature deaths annually in Pakistan (60 percent of them attributable to IAP) and 132,000 premature deaths in Bangladesh (70 percent from IAP) [6] and in addition, IAP accounts for 6 percent of the environmental health burden in India. Estimates by Anand [7], reveals that 10,000 people may die prematurely with more than 100,000 cases of respiratory diseases are linked with AP caused mainly by vehicular emissions in India in a year. Policy-makers should not ignore the central role of women in the rural energy system in designing interventions, to enhance rural development. Pakistan is a predominantly rural society where biomass fuels meet about 86% of the total domestic energy requirements. Ninety per cent of the rural and 50% of the urban population depend on wood and other biomass fuels. Indoor cooking and heating with biomass fuels or coal produces high level of indoor pollutants. There is consistent evidence that exposure to IAP can lead to acute respiratory infections and lungs cancer. WHO/CAH therefore commissioned this situation analysis of indoor air pollution and child health as a basis for further action. The situation analysis concludes that additional information regarding the use of biomass and other fuels, cooking behaviours and housing conditions in Pakistan is required. Different interventions to reduce indoor air pollution, such as fuel-efficient and low-emission stoves. The situation warrants formulation of a policy regarding IAP in Pakistan, namely recognizing it as a major hazard for the population, especially women and children; setting pragmatic and achievable standards regarding indoor air quality; directing the attention of stakeholders towards developing interventions to decrease IAP in Pakistan. Development of national standards by environmental protection agencies (EPA) regarding indoor air pollution would also expedite the process. At the moment, there is no regulation which gives guidelines on levels of IAP in Pakistan.
Figure-1:
16. One of the major environmental issues is degradation of ambient air quality particularly in urban areas. Various surveys (see Tables 1, 2) show that air pollution levels in cities have either crossed safe limits or have reached the threshold values. There are several sources contributing to the increasing air pollution. Following sub-sections present some of the key sources affecting ambient air quality in the country. Industrial Air Pollution Indoor Air Pollution Increasing Traffic Trends Increasing number of Thermal Power Plants Incineration of Solid Waste
i. Emission from Vehicles 17. Experts consider that 60-70% cause of urban air quality degradation is due to vehicles. In Pakistan vehicles population has shown a sharp increase over the past years. Detail of percent increase in the growth of manufacturing of automobiles in year 2006-07 is given below: Table-1: Growth in the Manufacturing of Vehicles in Year 2006-07 [8] Type of Vehicle Jeeps and Cars Light Commercial Vehicles Motorcycles / Scooters Tractors Percent increase 3.0 17.04 12.30 11.40
Table-2: Motor Vehicles on Road (000 Number) [8] Type of Vehicle Motorcycle / Scooter Cars Jeep Wagon Tractor Buses Cabs Rickshaws D. Vans Trucks Pickups Ambulance Tankers (Oil) Tanker (Water) Others Total Year 2000-01 2218.90 928.0 18.30 93.80 579.40 86.60 79.80 72.40 72.40 132.30 68.40 1.70 7.20 0.80 89.0 4471.00 Year 2006-07 4463.80 1682.20 85.40 169.10 877.80 108.40 119.10 79.00 148.90 173.30 104.50 4.60 7.80 0.90 38.50 8063.60 Percent Change 101 81 367 80 52 25 49 9 106 31 53 171 8 13 - 57 80
18. The above statistics show considerable growth of 2-strokes vehicles like motorcycles, rickshaws and delivery vans. Diesel driven buses and trucks have also increased significantly over time. According to study carried out by the World Bank in Bangladesh and in India, the 2-stroke vehicles are responsible for emission of very fine inhalable particles that settled in lungs and cause respiratory diseases. Diesel driven trucks, buses and vans emit excessive visible smoke and poly aromatic hydrocarbons (PAHCs) which are carcinogenic in nature. Emission of particulate matters, oxides of nitrogen, sulphur dioxide, and volatile organic compounds form haze. ii. Industrial Emissions 19. The industrial sector in Pakistan though is small in size if compared with other economic sectors, but it is rapidly expanding due to liberal government policy. Almost all metropolitan cities have its industrial estate where cluster of industries of different types exist. Majority of cement, fertilizer, sugar units, power plants and steel furnaces located in the vicinity of towns cause excessive air pollution. Bricks kilns are another source of pollution in many areas. Use of low-grade coal and old tires in brick kilns generate dense black smoke (soot) and other kind of emissions. Out of 6634 registered industries in Pakistan, 1228 are considered to be highly polluting. The major industries include textile, pharmaceutical, chemicals (organic and inorganic), food industries, ceramics, steel, oil mills and leather tanning which are spreaded all over four provinces, with the larger number located in Karachi, Sindh and Punjab, with smaller number in North Western Frontier Province (NWFP) and Balochistan [9]. All industrial estates, which were originally in the suburbs, are now within the municipal limits surrounded by commercial and residential areas in cities of Karachi, Lahore, Islamabad and Peshawar. The main pollutants from these industries (cement, thermal power plants and brick kilns) are particulate matter, oxides of sulphur and nitrogen which are emitted due to burning of fuels. iii. Consumption of Petroleum Products 20. The transport sector is the largest user of petroleum products accounting for 47.4% of consumption, however, its share has slightly decreased when compared to its share in 2000- 01. This is because of switching to cleaner fuels such as CNG. Share of power and industrial sector in overall consumption is 40 and 9.5 percent respectively. iv. Burning of Solid Waste 21. Presently it is estimated that, 54,888 tons per day of solid waste is generated in Pakistan. Since none of the city has proper waste disposal system, the waste collected is either dumped in the low lying areas or along the road sides and set on fire. Burning of solid waste at low temperature not
only generate particulate matters, CO, NOx but produce dioxin, a persistent organic pollutant. 22. The Federal Government has signed a Technical Cooperation project with the Japanese Government for capacity building for solid waste management in the country. The purpose of the project is to strengthen the capacities of local government in formulation of community based solid waste management action plans, their implementation and evaluation according to the guidelines. The overall goal of the project is to attain a cleaner environment through improved solid waste management in different district of Pakistan. v. Natural Dust 23. There is general aridity in the country with average annual rain fall ranging 80-300 mm in the south to 1000-1600 mm in the north. Due to high temperatures in summer (40-50C), fine dust rises up with the hot air and form dust clouds and haze over many cities of southern Punjab and upper Sindh. Dust storms are also generated from deserts (Thal, Cholistan and Thar) particularly in summer season and adversely affect air quality in the cities of Punjab and Sindh. Hydrocarbons having good affinity with dust particles form aerosols of inhalable sizes which cause allergy and asthma. vi. Suggested Programme 24. Ministry of Environment in coordination with other ministries was able to achieve some objectives like introduction of unleaded gasoline in the country, reduction of sulphur from diesel oil, concessionary import duty on anti-pollution and recycling machinery etc while many other initiatives are in the pipeline or yet to be taken. 25. The government is taking measure to implement Euro-II vehicular emission standards in Pakistan. In this regard, a number of meetings have been held with the stakeholders and it has been decided that Euro-II compliant diesel fuel should be introduced by the end of 2011. Introduction of Euro-II compliant petrol vehicles should be made by 1st July, 2009 and diesel vehicles by July of 2012. Instead of a fragmented approach, the Ministry proposes a Pakistan Clean Air Programme (PCAP) which should incorporate ongoing, in pipeline activities and new initiatives. The role of different ministries has been specific under three categories short term, and long term. Ministry of Environment has drafted Euro-II emission standards for petrol and diesel driven vehicles and the same standards has been implemented [10] [Annex-IV]. vii. Short-Term Measures 26. Gradual exclusion of 2-strokes and diesel run vehicles from public service transport from urban centers. A plan has been presented below whereby the entry of public services 2-stroke and diesel run vehicles should be restricted in cities over a time scale, starting from the major cities and giving lead time to medium and small size cities so that the targeted vehicles could be shifted to those cities where the bearing capacity of ambient air is enough to take pollution load. Other health problems that can result from long-term exposure to toxic air-pollutants are cancer, chronic obstructive pulmonary disease, asthma, respiratory infections, and cardiovascular disease. 27. Air pollution can also cause acidification of lakes and soils and impacts on crop productivity, forest growth, and biodiversity. Some research indicates that the ozone and sulphur dioxide is reducing crop yields. The potential for crop losses in Asia has been indicated by a study in Pakistan [11] where a 40 per cent reduction in rice yields was linked to the presence of pollutants in the air.
Table-3 Ambient Air Quality Daily Mean Value (9th May, 2007) [1]
Station Nitrogen oxide g/m3 Islamabad Fixed Station Islamabad Mobile Station Karachi Fixed Station 1 Karachi Fixed Station 2 Lahore Fixed Station 1 Lahore Fixed Station 2 Quetta Fixed Station Peshawar Fixed Station Draft PAAQS 54.50 15.90 10.10 17.50 48.80 6.90 3.20 29.80 40 Nitrogen dioxide g/m3 46.00 32.20 30.80 43.70 83.60 33.70 18.80 53.30 80 Methane g/m3 2332.20 1745.60 1448.7 1777.50 2519.30 1833.8 1317.9 3015.20 NonMethane Hydro Carbon ppb 757.10 630.40 308.2 299.50 1138.40 317.3 1504.7 1973.60 Carbon mono oxide ppm 1.07 0.69 0.43 0.56 1.91 0.63 0.44 1.21 5 Sulphur-dioxide g/m3 17.50 10.30 21.90 18.00 41.60 21.50 6.60 22.00 120 PM 2.5 g/m3 47.20 43.70 77.90 65.6 91.80 57.5 206.4 185.5 40
Table-4: Ambient Air Quality Daily Mean Value (20th September, 2007) [1]
Station Nitrogen oxide g/m3 Islamabad Fixed Station Islamabad Mobile Station Karachi Fixed Station 1 Karachi Fixed Station 2 Lahore Fixed Station 1 Lahore Fixed Station 2 Quetta Fixed Station Peshawar Fixed Station Draft PAAQS 29.20 Nitrogen-dioxide g/m3 34.50 Methane g/m3 1706.90 NonMethane Hydro Carbon ppb 194.80 Carbon mono oxide ppm 0.79 Sulphur-dioxide g/m3 2.00 PM2.5 g/m3 30.60
8.20
26.80
1732.90
140.10
0.55
0.10
29.60
12.60
21.80
2256.4
305.5
0.38
7.90
105.00
19.40
28.90
3479.40
374.40
0.28
10.90
90
28. World Bank has reported that the mean annual estimated cost of environmental and natural resource damage is about Rs. 365 billion or 6 percent of GDP. Cost of indoor air pollution is about Rs. 67 billion, whereas, urban air pollution adds another Rs. 65 billion. Urban air pollution (particulate matter) is estimated to cause around 22,000 premature deaths among adults and 700 deaths among young children. The total health costs
are between Rs. 62-65 billion, or approximately 1 percent of GDP (Table-3). The World Banks reports (WB-2006) that annual health effects of ambient particulate air pollution is estimated to cause around
22,000 premature deaths among adults and 700 deaths among young children. The total health costs are between Rs 62-65 billion, or approximately 1 percent of GDP. 60 percent of them attributable to Indoor Air Pollution (IAP) and 132,000 premature deaths in Bangladesh (70 percent from IAP) and in addition, IAP accounts for 6 percent of the environmental health burden in India. Estimates by Anand, reveals that 10,000 people may die prematurely with more than 100,000 cases of respiratory diseases are linked with air pollution caused mainly by vehicular emissions in India in a year. Continuous exposures to high concentration of SPM and other gases pollutants adversely affect health and welfare of people. Research has already proved direct relationship of respiratory diseases with level of SPM and other gases in the ambient air. Dust allergy, throat irritation and cough are very common in urban areas of Pakistan. Direct affects of air pollution on health, climate change, vegetation, rainfall patterns and ecosystem is well established. Table-5: Annual Cost of Urban Air Pollution Health Impacts (Billion Rs.) [12]
Health end-points
Premature mortality adults Mortality children under 5 Chronic bronchitis Hospital admissions Emergency room visit/ Outpatient hospital visits Restricted activity days Lower respiratory illness in Children Respiratory symptoms TOTAL
3.3g/dl. Unfortunately, there are no studies available that investigated BPbLs after lead was completely banned in gasoline in Pakistan 32. Rapid urbanization and the associated expansion of industry and transport have led to a rapid decline in the quality of air in Pakistan, to the point at which the associated health risks are similar to those experienced in Europe forty years ago. One of the most serious environmental health concerns is exposure to fine particulate matter (PM 2.5). Worldwide, it is estimated that up to one million citizens of developing countries die prematurely each year primarily as a result of exposure to fine PM. Available data indicate that concentrations of fine PM significantly exceed healthy levels in many Pakistani cities, with mobile sources likely to be the principal source of such pollution.
Year
Trucks
Motor Rickshaws
Others
Total
35. The emission of air pollutants is directly related to fuel consumption. Pakistan's consumption of petroleum products is growing at an annual rate of about 6 percent, almost half of which is consumed by the transport sector. The high content of sulphur in diesel (0.5 1 percent) and furnace oil (1-3.5 percent) is a major contributor to air pollution in Pakistan. Available evidence indicates that there are human health hazards associated with exposure to diesel engine exhaust. The hazards include acute exposure-related symptoms, chronic exposure related to lung cancer. Higher sulphur content leads to the formation of secondary PM. In contrast, some other South Asian countries such as India has reduced sulphur in diesel to 0.035 percent (350 ppm) and in furnace oil to 0.5 percent (5,000 ppm) [15]. The health hazard conclusions are based on exhaust emissions from diesel engines built prior to the mid-1990s. With current engine use including some new and many more older engines (engines typically stay in service for a long time), the health hazard conclusions, in general, are applicable to engines currently in use. As new and cleaner diesel engines, together with different diesel fuels, replace a substantial number of existing engines, the general applicability of the health hazard conclusions will need to be reevaluated. With new engine and fuel technology expected to produce significantly cleaner engine exhaust by 2007 (e.g., in response to new federal heavy duty engine regulations), significant reductions in public health hazards are expected for those engine uses affected by the regulations [16]. 36.
Detailed surveys were conducted by SUPARCO in Karachi in 2006 at all the 26 traffic intersections and questionnaires were developed for identifying symptoms that were pertinent to incidence of respiratory, ENT, and dermal problems. Data related to causes of respiratory diseases, besides ENT, dermal and cardiovascular problems were collected from citys main hospitals. The World Health Organization reports suggested that 3 million people die each year from the effects of air pollution. This was three times of 1 million who died each year in automobile accidents. A study published in The Lancet in the Year 2000 concluded that air pollution in France, Austria, and Switzerland was responsible for more than 40,000 deaths annually in those three countries. About half of these deaths were linked to air pollution from vehicle emissions.
37. It was observed that the people at the intersections / sites were facing transport and air pollution related health problems and at least some of them were showing positive symptoms of impact on their health. The health complaints reported during the interviews were numerous. They pertained to aching joints 12%; back pain 7%; dizziness 41%; hearing disturbance 66%; dry cough 30%; nausea 32%; skin irritation/itching 49%; eye or nose irritation 53%; sneezing or coughing 72%; chest tightness 28%; headache 52%; feeling tired during early hours of work 28%, and after work 34%; tired during traveling/after traveling 56%; heartburn 17%; fatigue/drowsiness 39%; dry skin 65%; sore or dry throat 54%; shortness of breath 35%; sinus congestion and/or runny nose 47%; skin rashes 16%; asthma 75%, and other sufferings 15%. 38. It is already known that unlike normal hemoglobin (Fe 2+), methemoglobin (Fe3+) one that has had interaction with a pollutant such as CO or NO x cannot bind oxygen. Higher percentages of methemoglobin are caused by exposure to various chemicals including the gases like CO, NO x, Diesel exhaust and PM and can cause health problems. 134 cases out of 200 samples showed hemoglobin level was 15.09 g/dl as an average, RBC 5.36, MCH 28.01; MCHC 31.52; while the eosinophils count which is specific to the measurements on incidence of symptoms of allergy was 3.55 on an average.
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39. In normal cases average hemoglobin level is 16.73 g/dl. The RBC is 5.81, the MCH is 28.65; MCHC is 32.52; while the eosinophils count which is specific to the measurements on incidence of symptoms of allergy is 2.57 on an average for those who remain at the intersections of the corridors for over six hours. 40. The above data suggest that the parameters that can be used as indicators for alteration in the blood are on the lower side of the normal values. It may be premature to suggest that these alterations were entirely due to impact of air pollution. Since the alteration in blood is significant for the type of samples studied, it could be suggested that air pollution related to transportation has an important role in inducing ill-health among the sampled population at the impacted sites. 41. Deficiency in hearing is related to loss of quality of life. The results of surveys indicate that there has been substantial impact on the quality of life of those who earn a living near traffic intersections. These estimates are based on a study commissioned to support preparation of the SCEA, in response to a request from MoE. 42. Indoor air pollution (IAP) is one of the major risk factors for pneumonia related morbidity and death in children world-wide. It is also associated with other adverse health outcomes in children such as low birth weight and chronic bronchitis, and with lung cancer, cataract (blindness), and possibly cardiovascular disease in adults. Biomass fuel (wood, crop residues, and animal dung) which is being used in four fifths of all households in Pakistan is the major source of IAP when it is burned for cooking, space heating and lighting homes. There is a dearth of scientific studies in Pakistan to relate IAP to health effects; consequently IAP is not a recognized environmental hazard at policy level. Table-7: Estimated annual health effects of indoor air pollution exposures in India [17] Deaths, YLL, DALYs, Sickday Disease Thousands Millions millions Severity
I. Strong evidence ARI* (880,000) 270400 9.214 9.614 0.28 COPD (60,000) 2035 0.190.34 0.390.68 0.43 Lung cancer (6,000) 0.420.79 0.00460.0086 0.00480.0090 0.15 II. Moderate evidence Blindness (~0) ~0 ~0 0.0640.13 0.5 TB (250,000) 53130 0.972.4 1.12.6 0.15 APO (560,000) ? ? ? Asthma (20,000) 3.69.0 0.0460.12 0.270.68 0.15 III. Suggestive evidence IHD (1,100,000) 54200 0.491.8 0.552.1 0.32 Possible total (2,300,000) 400780 1118 1220 Range used: 400550 1116 1217 Estimates listed in order of the strength of evidence under Indian conditions. Mortality and conversion to life years lost and morbidity as in ref. 37. APO, adverse pregnancy outcomes. Severity is taken as the disability weighting in ref. 37 and varies from 0 (healthy) to 0.85 (severe disability). Indian total deaths for each disease are listed in parentheses. * Under 5 years only. Women only. Disability-adjusted life year=(years lost to premature death)+(years lost to disability)*(severity factor) (37). Full range for Class I plus low end of ranges for Classes II and III.
43. In Bangladesh, poor households depend heavily on wood, animal dung, and other biomass fuels for cooking. The extent and duration of exposure to pollution depends on the level of emissions, and the amount of smoke leaking from the kitchen into other living spaces. The location of the kitchen, the extent of ventilation, and the density of construction material used for the roof and walls also play a key role in the level of exposure to these pollutants [18].
d.
44. The Establishment of Environmental Monitoring System in Pakistan project has established the foundation for building capacity of the monitoring laboratories of Pak-EPA and Provincial EPAs in order to enhance regulatory compliance, and environmental management and protection. So far, this project has worked as a network for monitoring of continuous air monitoring in Federal and Provincial capitals. Furthermore, the Federal and Provincial EPAs have been upgraded and a new laboratory
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has been established at Islamabad. These laboratory facilities are capable to monitor and analyze liquid and gaseous parameters of National Environmental Quality Standards (NEQS). The Project has the following objectives: To develop the technical capacity needed to support the environmental monitoring system. To grasp the present environmental conditions through environmental monitoring network. To compare the analytical data with the Environmental Quality Standards. (These standards are still in draft shape and the same are placed at Annex-I) 45. The first phase of the project has been completed by Pak-EPA with Grant in Aid from the Government of Japan. Central Laboratory for Environmental Monitoring and Networking (CLEAN) has been established in Islamabad and all the laboratories at Provincial EPAs have been upgraded with state of art equipment. AQM Stations and all the equipment have been installed in the Federal and Provincial EPAs. Seven fixed and three mobile monitoring stations have been provided to Federal and Provincial EPAs. Remaining six fixed and one mobile air quality monitoring stations will be established in second phase of the project. In order to fully mobilize the air quality monitoring network in Pakistan, there is a dire need to complete the project and to establish remaining monitoring stations as agreed with the Government of Japan. Detail of facilities established under EMS project is given below: Table-8:
Classifica tion Laboratory Analytical Air Quality Monitoring Equipment Equipment
Rem:
EPA,
PJB=Punjab
EPD,
NWFP=NWFP
EPA,
46. Personnel Requirement for Air Monitoring: The personnel requirements as envisaged in project document to operate the fixed and mobile air monitoring stations of the Project are estimated to be 2 data analysts and 1 air chemist for each EPA. Besides engineers would be required to inspect the equipment regularly and operate the mobile air monitoring station. At least 3 specialists would be required to monitor the stack gas of a factory. The following table shows the minimum personnel requirements for air monitoring. Table-9: Personnel Requirements for Air Monitoring Fixed station Chemist Assistant Data analyst Electrician Total 1 2 2 5 Mobile station 1 3 4 Stack gas monitoring 1 2 3 Total 3 5 2 2 12
47. The personnel requirements to operate the environmental monitoring system of the Project in full scale have been estimated in the project proposal. There is a shortage of trained
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man-power in both officer and staff cadre. The network requires daily operation and maintenance such as checking analyzers, standard gases, equipment calibration, data output, etc. These equipment needs maintenance at regular interval and exchange of spare parts , standard gases, checking abnormal parts, and minor repairs. These activities can be conducted by qualified staff, or contracted out to a maintenance firm. The share of the staff part should be increased in order to become more independent in the monitoring system. But unfortunately due to non-availability of right resources and trained man-power the stations have been reported suffering from non-availability of spares and required type of field staff. 48. Operation and Maintenance Cost: The budget required for O/M of the equipment needs to secured to utilize the equipment effectively for sustainable monitoring activity. Especially the costs for electricity and communication for 24-hour operation of air monitoring system for maintenance and spare.
e. Interventions
49. As the impact of airborne pollution has been widely recognized, its management is considered as an important component in controlling AQ. AQ can be improved by integrating a number of technical and management options and financial incentives including, monitoring, evaluation and actions e.g. emission inventorization of various type of activities, estimation of emission load & future projections, incorporate atmospheric dispersion models in pollution dispersion / dilution, initiate pollution index levels being monitored / dissipated with weather reports, direct & indirect ecological damage and environmental damage by these emissions in urban environment, direct and indirect health impacts, revise emission standards for various sources including vehicular emissions, policy options for adoption or Action Plans, calculation of effect of abatement and control measures, establishment, improvement and implementation of air pollution regulations, regulations for development of NAAQS / IAQS, emission standards for sources, assess the efficiency of these measures in reducing these pollution levels, enhanced public awareness, and for transport sector (which is the main urban air polluter) better traffic flow and transport management / planning in the urban areas (which has not been given due importance until now in Pakistan), change of technology including fuel substitution & conversion to less polluting fuels (e.g. low sulphur / lead fuels, CNG), development/enforcement of vehicular emission standards and using management tools for effective implementation of laws linking control on emissions and fuel adulteration, strengthening vehicle inspection and maintenance and transport planning. Improving the existing air quality management procedures available to Pak-EPA, local governments & traffic police in Pakistan can alleviate this menace, their impact on the society at large. 50. Realizing the fact that smoke emitting Brick Kilns near Benazir Bhutto International Airport Islamabad are causing air pollution depending on the wind direction and affecting visibility of airplanes, the Environment Ministry directed the 12 Brick Kilns owners to stop their operation. The Civil Aviation Authority (CAA) was also perusing the matter since long to close down these brick kilns as visibility at the airport runway was being affected due to emission of smoke. 51. Under section 16 of the Pakistan Environmental Protection Act, 1997, the implementing agency of the Ministry, Pakistan Environment Protection Agency (Pak-EPA) has served Environment Protection Orders (EPOs) to the brick kilns owners. Besides other measures, it was proposed to close down 12 brick kilns nearer to the Airport by year 2009, closure of 30 brick kilns lying in orange zone (within Islamabad) by year 2012 and closing of 50 brick kiln (outer periphery of Islamabad) by year 2015. 52. Another source of air pollution in our environment is Thermal Power Plants (TPP). Therefore it becomes important to model emissions resulting from these plants. Environmental Impact Assessment (EIA) reports are mandatory before TPPs are constructed. The EIA assesses the extent of pollution that would arise during the construction/operation of TPPs, and tries to project actions which can minimize the pollution.
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53. Site selection is of primary importance for stationary sources in considering minimization of the impact of air emissions. Site selection should be based on an assessment of pollution entrapment characteristics of the location, and prevailing winds being towards relatively unpopulated areas. 54. The primary damage from air emissions includes adverse effects on human health and comfort, on vegetation, and on aesthetics. Air emissions in stationary sources may be controlled by use of incineration (stack flares), adsorption, gas scrubbing, membrane separation, cyclones, electrostatic precipitators, baghouse filters, catalytic reduction or oxidation, incineration and absorption systems. To prevent dust from polluting the environment, materials which are stored and prone to wind disturbance should be contained in buildings, or covered, or other measures taken. Mitigation strategy to reduce the impact of air emissions should give consideration to: a) b) c) d) the baseline review of air quality the cumulative air quality issues within a defined air-shed nearby land use sensitive to changes in air quality potential gas or particulate emissions, and their characteristics including toxicity, flammability, odor, corrosive nature, and deposition rate e) design of the air quality management system with plans to enclose potential gas or dust generating activities and use fabric filters or electrostatic precipitators to attain performance criteria as outlined by NEQS (Appendix III) f) mechanisms to minimize the impacts of gas or dust emissions in the event of system failure g) potential impacts on air quality in relation to sensitive areas where there is acute risk to human health and natural ecology; this assessment may involve modeling of dispersion contours with regard to the influence of local topography and weather [20].
g. Emission Requirements
55. The list of environmental legislation and regulatory requirements in Pakistan, and the NEQS will be provided in a new document entitled Sectoral Guidelines for Environmental Reports Regulatory Requirements and NEQS. 56. Some of the NEQS levels are currently undergoing revision and as updates are made available these guidelines will be amended. The requirements represent the basic minimum standards that should apply to all projects. More stringent emission requirements will be appropriate if the environmental assessment indicates that the benefits of additional pollution controls as reflected by ambient exposure levels and by other indicators of environmental damage outweigh the additional costs involved. In particular if the environmental assessment establishes, for one or more of the pollutants covered in this document, that: a) the baseline exposure of significant populations within the airshed exceeds the trigger value for ambient exposure, and b) the proposed project will result in significant worsening in this exposure level, then the Responsible Authority may require the project comply with stricter emission requirements, or it may require alternatives to reduce emissions from other sources to mitigate ambient exposures within the airshed. 57. The environmental assessment should also address other project-specific environmental concerns, such as emissions of cadmium, mercury, and other heavy metals resulting from burning certain types of coal or heavy fuel oil. In such cases, the Responsible Authority will require specific measures to mitigate the impact of such emissions and set associated emission requirements. 58. One of the major interventions being considered is targeting industry, classified as hazardous, including industries that emit particulate matter such as stone crushers, arc induction furnace units, hot mix plants, and brick kilns, their closure and relocation. Other measures include reduction in sulfur in diesel from 1 percent to 0.05% (500 ppm), and notification of sulfur content in fuel oil (FO) and low-sulfur heavy stock (LSHS) at 1.8 percent and coal at 0.4 percent. Better air quality could also be achieved through better flow in urban transport; such measures are seen functioning with start of a major flyover construction program and ring roads around urban centers. Further improvement would be visible if transport sector is focused with removal of 2-stroke engine vehicles and the phase-out of commercial/transport vehicles over 12 and 15 years of age, as the
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key interventions with potential to affect air quality. The conversion of all public transport buses, taxis, and three-wheelers to CNG will target the most important sources of PM emissions in the transport sector in urban areas. Vehicles on road are running beyond road capacity. In Pakistan, the vehicles have increased @ 15% during 2005; consumption of diesel oil increased @ 15.73%, and petrol @ 1% excluding conversion to CNG technology.
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Consequently, in Karachi, heavy and fast moving traffic would be diverted through these facilities resulting improvement in congestion and pollution problem. Further, CDGK also initiated several transport infrastructure projects including expressways, flyovers, underpasses, ring-roads, etc. with huge investment that would also help reducing congestion and air pollution. 65. The country does not have an established inspection and maintenance system in order to regulate emissions from in use vehicles. However, motor vehicle examiners, who operate within the transport departments conduct arbitrary inspections and issue a certificate of fitness for public and commercial vehicles. City District Governments (CDGs) and the provincial traffic police are implementing a provincial motor vehicle ordinance that allows them to apprehend private and public transport vehicles emitting visible smoke, vapor, grit, sparks, ashes, cinders, or oily substances and fines them for such violation 66. A voluntary inspection and tune-up program is included in the United Nations Development Program-Global Environment Facility-Fuel Efficiency in Road Transport Sector (UNDP-GEF-FERTS) project and a German Agency for Technical Cooperation (GTZ)-supported project in Peshawar. According to the ENERCON component of the UNDP-GEFFERTS project, Pakistan has plans to put up a centralized system operated by the private sector but controlled and overseen by the Government. This should handle emissions and safety issues as well. Recently, the Government of Karachi has agreed to work with a Malaysian firm to set up an inspection and maintenance system in the city.
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a. Institutional Strengthening
68. In the early days the Environment and Urban Affairs Division established under Ministry of Housing and Works was very week both logistically and technically as the budget and staff was meager. After the Rio Conference 1992, the subject of environment in Pakistan received stronger political impetus. The World Bank funded Environment Protection Resource Centre (EPRC) Project (1993-96) turned out to be a milestone for strengthening of Pak-EPA. Three directorates viz. Legal/ Enforcement; EIA/Monitoring; and Laboratory/NEQS were established under the project. This enabled Pak-EPA to become operational as the officers strength was enhanced. The department was provided with logistics and necessary operational budget. Environmental legal framework was developed with the assistance of experts. Environmental Impact Assessment Procedures and Guidelines were also drafted in consultation with the stakeholders. 69. While the Pakistan EPA and its agencies at various tiers of government can create the framework for effective air quality management, sectoral agencies such as those related to industries, transport, urban development, energy and fuels, have an equally important role in ensuring that air pollution is controlled at source. This necessitates multi-sectoral coordination at the stage of formulating policies, plans, and programs, since the impact on air quality is often caused indirectly. Table-10: Responsibilities of line ministries, provinces and cities Institutions Ministry of Environment Responsibilities Development of Environmental Policy, Drafting and notifying rules and regulations Focal point for National Policy, plans and programs regarding environmental planning, pollution and ecology, including physical planning and human settlements. Coordination with other countries and international organizations in the fields of Environment, physical planning and Human Settlements. Administrative control of Pak EPA, Pak Forest Institute, etc.
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Provincial EPA
City Governments
Responsible for coordination of implementation of National Conservation Strategy Regulation of hazardous substances/wastes; introduction of public participation in EIA reviews; formulation of ambient air and water standards; implementation of national environmental policies; establishment of network of environmental laboratories, render advice and assistance in environmental matters, measures to prevent accidents and disasters causing pollution, promote public education and awareness, undertake inquiries and investigations into environmental issues etc. Other potential tasks are associated with preparation and processing of legal cases for Environmental Tribunals. In all four provinces, Environmental Protection Agencies were created under the provision of Pakistan Environmental Protection Act, 1997 under section 26. The provincial EPAs are tasked to do the following: Initial Environmental Examination and Environmental Impact Assessment Prohibition of Import of Hazardous Waste Regulation of Motor Vehicle Establishment of Environmental Tribunals To support and act as a counterpart of Pak and Provincial EPAs in implementation of above objectives.
70. Under the PEPA, the Federal government has the authority to delegate any of its environmental management functions and powers to provincial governments, government agencies, or local authorities. Provincial governments in turn may delegate powers to any lower-tiered government agency. This provision establishes a framework for environmental federalism within which environmental management responsibilities are shared among federal, provincial and local governments. Environmental federalism is built on the belief that governance is strongest when implemented at the level closest to the beneficiary, and is further promoted in Pakistan by the Local Government Ordinance of 2001, which introduced a new system of local government aimed at promoting responsibility at the local level. According to this Ordinance, rural and urban local councils are responsible for the prevention of pollution of water or land from such sources and in such manner as the by-laws may provide. 71. Under environmental federalism, appropriate functions for a national environmental agency include policy development, standard setting, environmental research, and the oversight of federally delegated programs to ensure the enforcement of national laws and policies. Conversely, environmental issues requiring knowledge of local environmental, economic, and social conditions can best be made by those closest to the problem. These issues involve environmental assessments, permitting, and enforcement, which consequently should be delegated to the provincial and local agencies for decision-making in most cases functions such as information management, public outreach, and compliance assistance should be included in the organizational structure for all agencies, but the national agency may be required to play a greater role particularly where provincial and local authorities have limited technical capacity or resources. 72. Implementation of environmental federalism poses the double challenge of defining rules for oversight, and of building the capacity necessary to fulfill delegated responsibilities. To date, these challenges remain largely unmet in Pakistan. Oversight guidelines for the delegation of federal powers to the provinces have not been established, environmental management capacity at the provincial level is uneven, and little capacity has been developed at the local level. 73. Pakistan EPA will play an important role under decentralization to communicate, coordinate, and oversee the environmental responsibilities of the provincial and local authorities. It is critical that the delegation of enforcement functions to provincial and local authorities does not compromise Pakistan EPAs legally mandated responsibility to ensure compliance with national environmental laws. This is important since provincial EPAs are accountable directly to provincial governments, and consequently Pakistan EPA has an important role to play as an autonomous adjudicator. This does not mean that the provincial EPAs are exempted from their mandated responsibilities.
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80. An Environmental Laboratory Certification Regulation 2000 has been notified under section 6(1) (k) whereby a network of technically sound laboratories is being established through out the country especially in all capital of the provinces. The certified laboratories should be authorized to test environmental samples and assist public and private sector to get their levels of emissions tested.
h. Constraints
Less manpower with regulatory institutions ( a proposal for restructuring of Pak-EPA is under consideration of Finance Division) Absence of enforcement mechanism Inadequate operational budgets Lack of training Public sector projects evade EIA process Federal and Provincial EPAs role needs to be defined in light of the powers delegated by the Federal Government Inadequate coordination between civil society and government institutions
85. The establishment and the functions of provincial EPAs are supposed to match the one of federal EPA. The following prerequisites are common for each one of them: Vision and goals inconsonance with national environmental policy Focused and achievable objectives Availability of adequately trained manpower. Since AQM is a multidisciplinary domain, the team should include a mix of environmental scientists and engineers, micro-biologists, atmospheric and geo-chemists, traffic/civil engineers, process engineers, GIS analysts etc. The team should be capable of designing and executing various tasks of AQM 86. Since AQM falls in the purview of Pak EPA as well as provincial EPAs, these agencies lack capacity in the following:
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EIA reviewers/evaluators, as EIA reports come from multiple disciplines O&M personnel for field and inhouse labs. Continuity of deployed manpower be it at a level of DG, Director or field staff. Frequent transfers and displacement have been reported hindering the performance of EPAs Lack of resources and budget has also been a major factor in causing dissatisfaction among officials and field staff. The inadequate resources has been hampering O&M activities of all the EPAs particularly those of provincial EPAs. This has been reported in the local press, which not only result in loss of very important information/ data but also affects the public confidence in EPAs reports. Lack of autonomy in day to day business, therefore most of the good initiatives terminate without achieving the desired objectives. City/local Govts have so far not been taken on board in AQM. No relevant power has been delegated to them by provincial govts. Since the local government is closest to the problems such as urban air quality, there is a need to empower the local Govts so that these can effectively execute AQM projects at their level. This is perhaps so because absence of clear cut legislation which could force the provincial setup to delegate/share powers with them. As far as technical know how is concerned local governments have also equally qualified manpower.
i. Recommendations
Build enforcement capacity of Environmental institutions. Donors to assistance and support environmental agenda of the Government particularly related to clean air , conservation of natural resources, environmental disasters Recognize environment as an economic sector Integration of environment in economic decision making Credit lines and economic incentives for pollution control technology. Civil society organizations should enhance their role of advocacy Promote public private partnership/ joint ventures in AQM projects
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the environment and natural resources. (i) NCS influence on linkages to economic and social issues is limited, and (ii) some key elements of sustainable development which have emerged since 1992 (such as climate change, sustainable livelihoods and trade and environment) are missing in NCS. Furthermore, environmental challenges facing Pakistan have amplified over the years owing to a number of factors including rapid increase in population, increased urbanization, growing poverty and the lack of action from all levels of government. Pakistan is the signatory to 'AGENDA 21' for Environment and Development Needs Support of All Social Sectors, which signifies: Protection and Promotion of Human Health, Integrating Environment and Development in Decision-Making and Protection of the Atmosphere. 90. There is a need to establish and enforce standards for the management of air quality. Ambient air quality standards are the foundation upon which emission control strategies are based, usually adopted as enforceable laws. It is important to note though, that Air Quality Standards (AQS) are not just limits for each pollutant: they must also specify monitoring methods, locations and frequencies, averaging times and assessment procedures. Pakistan is one the few countries in the world without a comprehensive set of health based AQS. This is partly linked to the fact that there has been no systematic monitoring, and hence there is a dearth of information on current conditions. With the JICA-funded network of ambient air quality monitoring stations, it is time for Pakistan to promulgate AQS. These should be formulated based on a review of existing standards in similar countries, as well as WHO guidelines. While safeguarding public health should be the main consideration. 91. The National Environmental Policy (2005-15) has, therefore, been prepared to provide an overarching framework for achieving the goals of sustainable development through protection, conservation and restoration of Pakistan's environment.
94. As recognized in the NEP, Pakistans legal and policy framework for urban air quality management is weak, starting with the lack of a Clean Air Act to provide a framework. The NEQS provide only a limited set of emissions standards, and do not specify standards for ambient air quality. The vehicles emission standards are non existent. Without standards, it is impossible to set up a framework to monitor and regulate ambient air quality. A first priority, therefore, is to establish both health-based ambient air quality standards, and updated emissions standards for mobile and stationary sources, in line with regional and international practice.
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95. Given the limited information about the status of urban air quality in Pakistan, creating a framework for urban AQM should draw on experience in similar countries. Within South Asia, India, Bangladesh, Nepal, and Sri Lanka have been undertaking efforts to address urban air quality concerns, with varying degrees of success. The experience of these countries can be followed in Pakistan.
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102. According to a study, the selected cities are growing at a growth rate from 3.67% to 7.42% which is much higher than the overall growth rate of Pakistan, i.e. 2.8% [20]. Major cities in Pakistan are estimated to double their population in next ten years. These cities are generating large amounts of solid waste which is increasing annually with the respective population growth. iii) Growth in Solid Waste Generation 103. Presently it is estimated that, 54,888 tons per day of solid waste is generated in Pakistan. The Ministry of Environment undertook a study during 1996 on Data Collection for Preparation of National Study on Privatization of Solid Waste Management in Eight Selected Cities of Pakistan. The study revealed that the rate of waste generation on average from all type of municipal controlled areas varies from 0.283 kg/capita/day to 0.613 kg/capita/day or from 1.896 kg/house/day to 4.29 kg/house/day in all the selected cities. It shows a particular trend of waste generation wherein increase has been recorded. Table-9 presents city wise waste generation rate with respective daily and annual estimate of solid waste. Table -11: Waste Profile of Major Cities in Pakistan [23] Cities Population Population Solid waste (million) 1998 (million) 2004 generation rate Census Census (kg/ C/Day) Karachi Faisalabad Hyderabad Gujranwala Lahore Peshawar Quetta Bannu Sibi Remaining Urban Areas Total of Urban Areas Rural Areas Sub-Total Add 3 percent for hazardous waste Grand Total 9.269 1.977 1.151 1.124 5.143 0.988 0.560 0.046 0.082 27.261 42.458 88.121 130.579 10.818 2.307 1.343 1.312 6.4 1.153 0.654 0.054 0.095 31.818 49.554 102.853 152.407 0.613 0.391 0.563 0.469 0.489 0.378 0.439 0.283 0.453 4.078 0.283 4.361 Waste generated (tons/day) 6,632 902 756 615 5,000 564 247 24 27 14,414 24,181 29,108 53,289 1,599 Tons/year
2,420,680 329,230 275,940 224,475 205,860 90,155 8,760 9,855 5,261,110 8,826,065 10,624,420 19,450,485 583,635
54,888
20,034,120
104. It is important to note there is a big difference in Pakistan between solid waste generation and the amounts reaching final disposal sites. In developed countries, the two figures are usually much the same since most waste arisings must be disposed of formally.
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c) GHG Mitigation and Better Air Quality 113. a. b. c. d. e. f. g. h. i. j. k. l. Goals for transport sector: Promote use of better fuel quality and quality automotive lubricants. Initiate National effort to control vehicular overloading. Promote regular tune-ups of vehicles and other energy efficient driving practices among drivers, vehicle and fleet mangers and operators. Assist the establishment and strengthening of institution of motor vehicle examine is at local levels. Promote the public transport systems and institute Fleet Management practices. Initiate achievable and phased programme for automotive emissions controls by asking local automotive manufacturing industry (Cars, Trucks and Tractors) to comply with EURO-II Standards for new models. Facilitate local production and import of low sulphur diesel fuel Encourage major transport fleet holders to carry out annual Energy Audits Support efforts and facilitate local manufacture of CNG Conservation Kits for Cars. Facilitate and Encourage Labour Welfare Department to reduce health risks to child labour in automotive workshops; as all automotive paints contain lead compounds Develop Rules and Regulations for safe disposal of waste from automotive workshops Establish National Transportation Safety Board
114. Renewable sources of energy (a) Promote development and deployment of Biogas Units; Bring Livestock Farms and Diary Industry in the loop. 1(b)Promote development and deployment of Solar Thermal technologies like solar water heater and solar desalinators, etc. 2(c)Promote development and deployment of wind Mills Pump for other pumping and power generation. 3(d)Promote development of Micro and Mini-Hydel Plants.
5. ENVIRONMENT AND THE JUDICIARY a. The Constitution of Pakistan. 1973 (the Constitution)
116. Paramount document is the Constitution of Islamic Republic of Pakistan, 1973. It safeguards the fundamental rights as to life and health of a citizen. The reference to environment finds mentioned in the concurrent list. Item 24 of the Constitution that provides environment, pollution and ecology, as a concurrent subject that can be legislated by both the Federal Government and the Provinces. 117. The judiciary can succeed in enforcing policies and reconciling conflicts with powers that the executive branch agencies simply lack. In 2002, the Global Judges Symposium adopted the Johannesburg Principles of Law and Sustainable Development which affirmed that an independent judiciary and judicial process is vital for the implementation, development, and enforcement of environmental law. In Pakistan, the judiciary has played an increasingly important role in the enforcement of environmental laws, and should continue to be strengthened through continued support for both judges and advocates. However, it should also be noted that intervention by the
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judiciary can be costly and should be pursued only as a last resort when other administrative remedies are exhausted and when regulatory avenues for environmental enforcement fail.
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as to have independent Tribunal in each province and at the federal capital. The Federal and Provincial governments have designated senior civil judges as Environmental Magistrates to take all contraventions punishable in respect of handling of hazardous substances and pollution caused by motor vehicles.
e. Environmental Jurisdiction
126. Article 184(3), which has enabled the jurisdiction of the Supreme Court in respect of public interest litigation. Provincial High Courts have jurisdiction under Article 199 of the Constitution to entertain various petitions of judicial review in writ jurisdiction. Moreover, the High Court also acts as Appellant Court under Section 22 of the 1997 Act to adjudicate against the orders of the Environmental Tribunals. Under Article 201 of the Constitution, the law laid down by the High Courts is binding on all the subordinate Courts. The first commitment to a framework environmental law, however, was brought about in 1983 by the Pakistan Environmental Protection Ordinance, 1983.
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matters covered in the 1983 Ordinance. The 1997 Act was unique in that, to enhance its ownership, its enactment followed a public debate about its scope and content. 131. The 1997 Act retained the institutional framework of the 1983 Ordinance. The PEPC continued to be the supreme policy-making body, supported by the Pak-EPA, and Provincial EPAs. The PEPC is mandated to approve national environmental policies within the framework of a national conservation strategy as may be approved by the Federal Government from time to time (Section 4). Provincial Sustainable development Funds have been established to provide financial assistance to suitable projects (Section 9). Discharges or emissions in excess of the National Environmental Quality Standards (NEQS) established by the PEPC or other standards established by the PEPA have been prohibited. The Federal Government has been empowered to levy a pollution charge on persons not complying with the NEQS (Section 11(2)). A two-stage environmental screening process has been introduced for proposed projects involving the filing of either an Initial Environmental Examination (IEE) or, for projects likely to cause an adverse environmental effect, a comprehensive ElA. 132. Import of hazardous waste has been prohibited (Section 13). Handling of hazardous substances has been prohibited except under license (Section 14). To ensure compliance with the NEQS, the Pak-EPA and Provincial EPAs have been empowered to direct that motor vehicles shall install such pollution control devices or use such fuels or undergo such maintenance or testing as may be prescribed. The Pak-EPA and Provincial EPAs have been empowered to issue the Environmental Protection Orders (EPO) to deal with an actual or potential adverse environmental effect in violation of the provisions of the 1997 Act. Environmental Tribunals have been constituted with exclusive jurisdiction to try serious offences under the 1997 Act. Minor offences relating to pollution by motor vehicles, littering and waste disposal and violation of rules and regulations are to be tried by Environmental Magistrates. An aggrieved person can file a complaint with the Environmental Tribunal after giving 30 days notice to the Pak-EPA or the Provincial EPAs concerned.
133.
a) National Environmental Quality Standards (Self -Monitoring and Reporting by Industries) Rules, 2001; b) Provincial Sustainable Development Fund (Procedure) Rules, 2002, Provincial Sustainable Development Fund (Utilization) Rules, 2002; c) Industrial Pollution Charge (Calculation and Collection) Rules, 2002; d) Environmental Samples Rules, 2001; e) Hospital Waste Management Rules, 2005; f) Environmental Tribunal Rules, 1999; and g) Pakistan Bio-safety Rules. 2005.
6.
134. The Pakistan Environmental Protection Act (PEPA) was enacted on 6th December 1997, repealing the Pakistan Environmental Protection Ordinance, 1983. The PEPA 1997 provides the framework for implementation of NCS, establishment of Provincial Sustainable development Funds, Protection and conservation of species, conservation of renewable resources, establishment of PakEPA, and provincial EPAs, Environmental Tribunals and appointment of Environmental Magistrates, Initial Environmental Examination (IEE), and Environmental Impact Assessment (EIA). Subject to the provisions of this Act and the rules and regulations made there under no person shall discharge or emit or allow the discharge or emission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the National Environmental Quality Standards or, where applicable, the standards established. 135. The Pakistan Clean Air Programme (PCAP) will require partnerships between multiple tiers and sectors of government, with (i) Pakistan EPA responsible for setting air quality and emissions standards, (ii) implementation of these standards delegated to provincial environmental authorities, (iii) integration of air quality management with urban planning by municipal authorities, and (iv)
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policies for clean air in the industry, energy, fuel and transportation sectors. Instead of fragment approach PCAP needs to incorporate new initiatives in the following sectors: Vehicles / Public Service Transport, Industry, Agriculture, Infrastructure/ Housing and Physical Planning. 136. In April 1996, the PEPC set up an Environmental Standards Committee (ESC) to review, inter alia, the NEQS and suggest changes where necessary, based on conditions in Pakistan. The committee realized that some of the parameters (particulate matter and NO 2 emissions) were more stringent than other countries of the region. On December 28, 1999 PEPC approved the revised NEQS and the proposed modalities for general NEQS compliance and implementation. 137. The industry has agreed upon to NEQS enforcement package based on self-respect and selfhonoured implementation of this package will provide. For effective implementation of NEQS compliance at large scale, the political will from the government is essential. Without the national and provincial governments support the NEQS compliance cannot be scaled-up. EPAs alone cannot secure the political will from the government for NEQS compliance. NGOs and other civic entrepreneurs have to stand-up with EPAs to improve the understanding of the government about environmental issues and secure the political will. This approach implies that the stakeholders not only have to sell the NEQS implementation to the industry and all other sectors emitting air pollutants but they have to sell the NEQS implementation to government also. 138. EPAs need to upgrade further their capabilities and capacity. With the present capabilities and capacities they cannot cover all the sectors. The EPAs should coordinate with associations from the following sectors: Vehicles / Public Service Transport, Power, Industry, Agriculture, Infrastructure/ Housing and Physical Planning for implementation. 139. The EPAs should also promote ISO 14000 certification. It is important to mention that implementation of NEQS under pollution charge modality provide opportunities to the all the stakeholders for the phased compliance of NEQS. However, it is not properly notified or documented. This lacuna is causing serious problems for the stakeholders to secure ISO 14000 certification. It is proposed that a small committee comprised of government representatives, stakeholders and ISO 14000 experts should be formed to resolve this problem at the official level. Once these stakeholders are in the net of ISO 14000-certification and adopt an environmental management plan then its chances for NEQS compliance become much better. Till to-date compliance to these NEQS remained a question mark for the ESC. Recently ESC has proposed revised National Quality Standards for Ambient Air as well as Emission Standards for industry and vehicle both. These standards are still under consideration (ANNEX-I).
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144.
NOx, CO, O3 and Pb) air toxics such as HAPs from large industrial sources, such as chemical plants, petroleum refineries, and paper mills have been reduced by nearly 70 percent new cars are more than 90 percent cleaner and will be even cleaner in the future, and Production of most ozone-depleting chemicals has ceased. At the same time, The U.S. gross domestic product, or GDP, has tripled Energy consumption has increased by 50 percent, and Vehicle use has increased by almost 200 percent.
RECOMMENDATIONS
145. To achieve similar results in Pakistan the following steps needs to be undertaken by the regulatory authorities to help implement NEQS: EPAs alone cannot secure the political will from the government , NGOs and other civic entrepreneurs have to stand-up with EPAs to improve the understanding of the government about environmental issues and secure the political will. Without this AQM compliance cannot be scaled-up. The focus of EPAs should be to make industrial associations and other stakeholders as partners of implementation. EPAs can do this by entering into contracts with the industrial associations on the basis of long-term sector level environmental policies and environmental management plans. Cleaner Production Program (CPP) has prepared environmental management plans for 14 industry sectors. These plans can be used as basic documents for reaching to longterm understanding between EPAs and industry associations. The second focus of the EPAs should be to promote ISO 14000 certification among industry, NGOs, Transport Sectors, Vehicular Manufacturers. The third focus of the EPAs should be the monitoring and application of pollution charges on all the stakeholders. It is proposed that in the first five years the focus should remain on the urban areas with population more than 1 million. 146. Monitoring air quality is the best way to tell if the air is getting cleaner or dirtier, because the monitors accurately report how much of a pollutant is in the air. US EPA issues the "Air Quality Index" (AQI) is a "public-friendly", which is a way of using actual monitoring data to help us assess how clean our air is. Americans are familiar with many radio, TV, and newspaper weather forecasters talking about the AQI- telling you that the air is so polluted that a "Code Orange" or "Code Red" air quality condition is in effect. The AQI tracks pollution for your local area. The color codes, which range from green to purple, correspond to specific pollution levels. As clean-up programs are implemented for the air pollutants tracked by the AQI, we hope to see a reduction in the number of Code Orange and Code Red air quality days. The National Air Toxics Assessment is an on-going, comprehensive evaluation of air toxics in the United States. Pakistans MoE or EPAs have to come up with such Air Quality data dissemination to gain support and confidence of general public 147. The following table-10 gives a comparison of ambient air quality standards with those of World Bank and WHO. The existing ambient air quality standards are only available for SO 2, NOx and Traffic Noise. SO2 standards are far relaxed than WHO and WB whereas NO x standard is quite stringent; however the revised standards which were supposed to be notified are comparable to WHO standards (see annex-1). Table-12: Comparison of Various Ambient Air Pollution Guidelines [27]
Sulphur dioxide (g/m3)
1 year 24 hours 1 hour 1 year
WHO European Union China (Classes I/II/III) United States California Japan
20 125a
20/60/100 50/150/250
10 25c
150/500/700
40 40
40/80/80 80/120/120 120/240/240
78
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80 78 50 15/60/80 80
100 94 15/60/80 40
188 30/80/120 80
Not to be exceeded more than 3 days per year. Not to be exceeded more than 24 hours per year. Not to be exceeded more than 18 hours per year. Class I: tourist, historical and conservation area; Class II: residential urban and rural area: Class III: industrial and heavy traffic areas.
PM10 (g/m3)
1 year 24 hours
PM2.5 (g/m3)
1 year 24 hours
Ozone (g/m3)
1 year 24 hours
WHO European Union China (Classes I/II/III) United States California Japan Brazil Mexico South Africa India (sensitive populations/ residential/industrial) Pakistan
(e) (f) (g) (h) (i)
10 25c 15 12
25a
35 65
15 75/100/150 250 25
65
157d
40
Not to be exceeded more than 3 days per year. Not to be exceeded more than 35 days per year. Target valued at 2010; Limit value at 2015. Photochemical oxidants. Class I: tourist, historical and conservation area; Class II: residential urban and rural area: Class III: industrial and heavy traffic areas.
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resources to prepare adequate EIAs, and effectively implement associated Environmental Management Plans. The effective promotion of sustainable development in national planning should require more rigorous analysis of environmental constraints to growth and poverty reduction, for which MoE should set aside separate resources to contract the necessary analytical expertise.
k. Cross-Sectoral Issues
158. Many environmental issues are cross-sectoral, so there is a need to ensure coordination between the sectors involved. A high-powered supreme authority, the Pakistan Environmental Protection Council (PEPC), is responsible for approving environmental policy across sectors. PEPC has been successful in adopting explicitly environmental policies, such as the NCS. There is a need for greater coordination of Federal and provincial EPA's activities, and to address potential conflicts in the exercise of their shared mandates, jurisdiction and responsibilities. 159. NEAP and NEP have not yet addressed the need to mainstream environmental concerns into the activities of other sectors. Given the importance of environmental mainstreaming for sustainable growth, it would be extremely valuable to establish PEPCs authority in this regard. A sound industrial policy would be a better instrument to mainstream environmental and sustainable considerations. 160. In addition to PEPCs potential role in environmental mainstreaming, the other key mechanism designed to ensure inter-sectoral coordination for environmental management rests with the Planning Commission. The Planning Commission has established an Environment Section in the Planning and Development (P&D) Division to address environmental concerns at the policy, planning,
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project conceptualization, and approval stage of public sector projects, and so may be considered a force for environmental upstreaming. Provincial planning departments have established corresponding environment sections for environmental screening of project proposals within their jurisdictions. While the establishment of these sections is significant, they lack the capacity and resources to conduct detailed environmental reviews and to engage other ministries in the screening process.
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capacity. There is a need to engage trained technical staff for air quality monitoring, inspection and analysis of information. International experience indicates that it is often more cost effective to use the skills and resources of private or academic institutions than to build in-house capacity. Where such opportunities exist in air quality management or other areas. Table-13: Agencies responsible for Implementation of Main Gaps Name of Mandate Organization
Ministry of Environment Developing Health-Based Air Quality Standards, Industrial Emission Standards Vehicle Emission, Regulation of hazardous substances/wastes promote public education and awareness Implementation of Air Quality Standards, Industrial Emission Standards, Vehicle Emission and Fuel Quality Standard, Building Capacity for Environmental Management Strengthening Capacity for Effective Environmental Impact Assessments Improving Technical Capacity for Air Quality Management Regulation of hazardous substances/wastes; EIA review and introduction of public participation; formulation of ambient air standards; i implementation of national environmental policies; , measures to prevent accidents and disasters causing pollution, render advice and assistance in environmental matters, promote public education and awareness, undertake inquiries and investigations into environmental issues etc. Other potential tasks are associated with preparation and processing of legal cases for Environmental Tribunals. measures to prevent accidents and disasters causing pollution establishment of network of environmental laboratories Facilitate implementation of national environmental policies and standards
City Governments
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8.
168. Pakistan EPA is responsible at the national level for implementing air quality and emissions standards, and for defining associated systems for monitoring and enforcement. Responsibility for the implementation of these policies has also been delegated to the provincial environmental authorities. An important enforcement tool is the Environmental Protection Order, which is issued by the Federal or provincial environmental authorities against persons or companies not complying with standards, and may require a range of actions, from the immediate stoppage of operations to measures for the restoration of the environment. A more recent development is the recognition in the NEP of the important role of local governments in environmental management, with active participation from stakeholders. For the management of urban air quality, city authorities are particularly important because of the need to integrate emissions control measures with broader aspects of urban planning, such as the provision of public transport and zoning of industrial developments. The need to meet national air quality goals through programs implemented at the provincial or city level underlines the importance of forming partnerships and providing incentives between various levels of government. The following table indicates responsibilities of various agencies for making policies and regulations with respect to air quality management at nation, provincial and local level. 169. The responsibility of various organizations in implementing environmental laws are chalked out in the following table: Table-14: Responsibilities of Environmental Protection Enforcing Agencies
Name of Organization Ministry of Environment Mandate
Development of Environmental Policy, Drafting and notifying rules and regulations Focal point for National Policy, plans and programs regarding environmental planning, pollution and ecology, including physical planning and human settlements. Coordination with other countries and international organizations in the fields of Environment, physical planning and Human Settlements. Administrative control of Pak EPA, Pak Forest Institute, etc. Responsible for coordination of implementation of National Conservation Strategy Regulation of hazardous substances/wastes; EIA review and introduction of public participation; formulation of ambient air standards; i implementation of national environmental policies; establishment of network of environmental laboratories, render advice and assistance in environmental matters, measures to prevent accidents and disasters causing pollution, promote public education and awareness, undertake inquiries and investigations into environmental issues etc. Other potential tasks are associated with preparation and processing of legal cases for Environmental Tribunals.
Inadequate financial resources Non availability of technical staff Non availability of subject specialists particularly when it comes to evaluating EIA and other relevant reports Unattractive salary structure to retain technical man power Need to augment capacity in terms of hardware and labs Lengthy bureaucratic procedures
operational monitoring network is a challenge. sufficient resources are required to operate and maintain the equipment as well as to retain trained technical staff. supplement public sector capacity through outsourcing to the private sector. the government could purchase air quality data generated by a network operated by a private party or academic institution.
Inadequate expertise and resources Inadequate expertise and resources Inadequate expertise and resources Inadequate expertise and resources
Ministry of Industries
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170. In Pakistan the federal government provides funding support for the establishment of air monitoring programs. The federal government provides maximum grants for development of air quality programs, while provincial governments provide operational / establishment cost of running provincial EPAs. Every province is required to establish a network of air monitoring stations for criteria pollutants, using criteria set by Federal EPA for their location and operation including quality assurance criteria. 171. The Pakistan EPA and its agencies at various tiers of government can create the framework for effective air quality management, sectoral agencies such as those related to industries, transport, urban development, energy and fuels, have an equally important role in ensuring that air pollution is controlled at source. This necessitates multi-sectoral coordination at the stage of formulating policies, plans, and programs, since the impact on air quality is often caused indirectly. 172. At present the country as a whole and Pakistan Environmental Protection Agency (Pak-EPA) in particular, has no funds to pay salaries to its staff and other important expenditure since July 2008. The irony is that all this is happening in 2009 that has been declared by the government as the National Year of Environment [28]. Under such circumstances the provision of resources to EPAs is subject to overall economic condition of the country. However, there exist no well defined process of allocation resources to EPAs for AQM. The only practice being undertaken is that allocation is provided on the basis of previous year expenditure. This again is dependant on the availability of resources; otherwise cuts are applied to the funding accordingly.
9.
INTER-SECTORAL COORDINATION
173. Transport and energy sectors are considered to be one of the major air polluters. Road transport sector causes more Urban Air Pollution (UAP) than any other single human activity. Improved current technology (for new vehicles) alone has not been able to outweigh the amount of pollution emitted by number of vehicles in addition to the share of old vehicles on the road. Transport and energy sector contributes nearly one half of the NO x, two-thirds of CO, and about one half of hydrocarbon emissions as described by a WB report. It has been noted in the last 2 decades that air pollution from vehicles exceeds the maximum limits set by various organizations including WHO, USEPA, WB, ADB and is likely to be a major cause of respiratory diseases. 174. The responsibility for AQM is divided between a number of government ministries and local administrations. These also include sectors covering environment, transport, industry and thermal power sectors. Thus complicating the task of making systematic air quality monitoring, and enforcement of air quality standards. Lack of coordination among these secotrs has impeded the development of air quality management system. 175. At national level, there is a large amount of information on air quality but the information is often not readily available. As a consequence, there is duplication in collection and available information is not always consulted before decision making. Some of the goals, performance indicators and responsible ministries / departments have been summarized below:
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administrations
Purpose Organize key stakeholders in AQM and facilitate the implementation of strategic air quality management
Various government and nongovernment stakeholders can work together effectively. Lessons learned from one city will be useful for other urban areas and implemented. Awareness raising activities are successful in securing the interest of key stakeholders in the country.
Hold stakeholder workshops and consultation to discuss to strengthen the AQM system
Analyze emission inventory and source apportionment, and assess the social, economic, and environmental impact of air quality
R&D organizations academia, Pak EPA, Provincial EPAs and local bodies
Coordination between business, the state and civil society : The issues of environmental policy are influenced by the market, state regulation and norms of the community at the same time. In order to generate effective policies, there is a need to coordinate the solutions and mechanisms offered by these three realms. So far this coordination has been very week and it needs to be activated at least at state level. Multilevel coordination: Air pollution problems often go beyond the borders of states, single cities, or clearly delineated administrative districts. There is often a need to coordinate actors and regulations not only of different cities or nation states, but also vertically between international, national and local authorities. Intersectoral coordination: Environmental problems can be influenced by various policy sectors at the same time. The terms of cross-sectoral, intersectoral, or interagency coordination refers to the need of synchronizing the strategies, procedures and measures of different policy domains such as environment energy, transport, trade and industry. Since all environmental issues fall under the purview of Ministry of Environment (MoE), it is therefore seems appropriate that of MoE should undertake coordination and policy work. Although the MoE has the required structure to undertake such coordination, however, MoE can always take the help required from those who have expertise in specific areas.
176. Pakistan Environmetnal Protection Council (PEPC)s potential role in bringing environmental issues to the mainstream, the other key mechanism designed to ensure inter-sectoral coordination for environmental management rests with Ministry of Environment, EPAs and Planning Commission. Ministry of Environment (MoE) is the focal point for intersectoral coordination. The Planning Commission and respective Provincial Planning and Development Divisions have established the Environment Sections to address environmental concerns at the policy, planning, project conceptualization, and approval
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stage of public sector projects. While the establishment of these sections is significant, they lack the capacity and resources to conduct detailed environmental reviews and to engage other ministries in the screening process. At present MoE and Pak-EPA undertake a consultive process with various ministries and departments for a given activity; however, there is a need to strengthen this coordination. 177. As impact of airborne pollution been widely recognized, its management is considered as an important component in controlling Air Quality Management. AQ can be improved by integrating a number of technical and management options and financial incentives including, monitoring, evaluation and actions e.g. emission inventorization of various type of activities, estimation of emission load & future projections, incorporate atmospheric dispersion models in pollution dispersion / dilution, initiate pollution index levels being monitored / dissipated with weather reports, direct & indirect ecological damage and environmental damage by these emissions in urban environment, direct and indirect health impacts, share in the global climate change & warming by this region, revise Emission Standards for various sources including vehicular emissions, policy options for adoption or Action Plans, calculation of effect of abatement and control measures, establishment, improvement and implementation of air pollution regulations, regulations for development of NAAQS / IAQS, Emission Standards for sources, assess the efficiency of these measures in reducing these pollution levels , enhanced public awareness, and for transport sector (which is the main urban air polluter) better traffic flow and transport management / planning in the urban areas (which has not been given due importance until now in Pakistan), change of technology including fuel substitution & conversion to less polluted fuels (e.g. low Sulphur / Lead fuels, CNG), development/enforcement of vehicular emission standards and using management tools for effective implementation of laws linking control on emissions and fuel adulteration, strengthening vehicle inspection and maintenance and transport planning. The present dialogue would be helpful in briefing about change in the existing air quality management procedures available to Pak EPA, local governments & traffic police in Pakistan for controlling this menace. 178. Limitations and Constraints: Quest for growth (in terms of industry, power generation & transportation) play a key role in the development process of a country but ultimately deteriorates surrounding environmental conditions. Cities have become major environmental hot spots that urgently require special attention for studies and proper environmental and transport planning /and traffic management for air pollution and wastes management, ecological sustainability and pollution controls. AQM is not effective in the country due to a variety of reasons which includes:(i) Not much of realization of AQMS in planners and implementers (ii) No effective linkage amongst various players of integrated AQMS including EPAs, local governments, traffic police, academia, industries/ chambers, Ministry of Industries & Production, Ministry of Science & Technology, health professionals etc. (iii) Low priority on governments part & supply of resources for AQM. (iv) Operation of continuous monitoring station has been reported intermittent since EPAs lack resources in terms of man and spare parts. Loss of important data is also attributed to non availability of power supply
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10.
179. The seriousness of the atmospheric pollution for urban communities had led to the introduction of National Pollution Control (NPC) Policies in the developed countries in 70-80s and implementation of NAAQS (National Ambient Air Quality Standards) / IAQS (Indoor Air Quality Standards) for domestic, commercial, public and industrial application. These NPC, NAAQS and IAQS were basically aimed at tackling local pollution problems without considering trans-national transport of pollutants. Given that pollution control is itself costly and long-term gains cannot be achieved without international support, since developing countries lack the technical and financial resources to address this issue. The following gives an overview of various programs / initiatives being perused for better air quality management:
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189. The immediate challenge confronting both federal and provincial environmental authorities is to take swift advantage of the proposed allocation of development resources, and apply them towards programmatic goals in such a way as to strengthen and supplement their still relatively limited levels of permanent staffing and operational budget. For example, the budget for operation and maintenance of critical environmental management systems, such as air and water monitoring programs, is extremely inadequate and a funding program to sustain them is needed. In the longer term, the challenge becomes one of establishing more permanent and predictable sources of funding, in which Provincial Sustainable Development Funds may play a valuable role.
192. Since local governments come under the jurisdiction of provincial governments, their right to levy taxes is also subject to the directives of the latter. Local governments assist provincial governments in the collection of revenue; thus provincial governments have delegated the right of the collection of taxes to local governments as indicated in the Local Government Ordinance of 1979.
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11.
TRANSPORT OF AIR POLLUTANTS ACROSS BORDER AND ITS LIKELY IMPACTS ON LOCAL AIR QUALITY
193. Local AQM usually do not take account of the contribution made by pollution originating from outside. Local AQ monitoring systems and trans-boundary AQ monitoring systems are to be integrated. Emission inventories and source apportionment studies to reflect what part of pollution is from local origin and what is imported Where substantive imports occur joint strategies to be developed with areas where pollution originates 194. Stationary emissions sources, such as coal-fired and oil-fired power stations and mobile sources emit a complex mixture of pollutants including particulate matters, sulphur dioxide and nitrogen oxides (the precursors to acid rain). This mixture is transported over hundreds or even thousands of kilometers. Consequently, when acidic pollution is finally deposited, its environmental impacts are felt in areas far removed from their sources. Since this air pollution has no regard for national boundaries, it has been termed as transboundary pollution. In Pakistan the winter haze affects human health as the particulate load increases during fog/haze episodes Although fog formation relates to meteorological conditions; it is becoming denser year by year and persists for longer duration due to high levels of chemical species in fine particulate matter such as sulphates, nitrates, etc.[11] Increasing aerosol load of atmosphere and reduced insolation can severely harm the health, trade and commerce, transport and agriculture leading to colossal economic loss to the region. It is believed that this fog is transported as air pollution from neighboring countries such as India and China during the north-east monsoon period.
Figure-3: Fires in Northwest India captured by Moderate Resolution Imaging Spectroradiometer (MODIS) on NASAs Terra satellite this image of the region. An especially thick band of haze appears near the India-Pakistan border
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Figure-4: NOAA satellite image of 26th Dec-2008 at 0922 PST shows the fog cover over northern India and north- eastern Pakistan covering an area of 46281 sq.km To determine the contribution of transboundary air pollution towards local air quality, the following strategy needs to be followed at regional level: 195.
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f. Policy Issues
201. Financial assistance for tackling transboundary air pollution (TAP), scientific process to aid policy making leading to signing of Agreement/ Protocol such as Male Declaration.
g. Male Declaration on Control & Prevention of Air Pollution & its Likely Transboundary Effects
202. To enhance intergovernmental cooperation to address TAP and consequential impacts, South Asian Countries signed declaration on April 22, 1998. It sets an institutional framework linking scientific research and policy formulation, draw up and implement national and regional action plan and protocols based on fuller understanding of TAP among India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, Maldives and Iran.
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a. Lahore
205. The Punjab EPA reports that air pollution problems in Lahore are linked with the network of roads in the city and density of traffic in a few areas due to which the entire city population suffers. In addition, the permissible level of dust particulates less than 2.5 microns (PM 2.5) and PM10 has crossed the safe limits in many parts of the city due to mobile and stationary combustion sources and commercial activities in the city. Even in the isolated areas dust particles PM 2.5 value has reached to 80 ug/m3 in the non rainy seasons against the permissible 25 g/m3 for 24 hours mean [Table-1 & 2]. Exposure to very high levels of sulfur dioxide can be life threatening. Exposure to higher sulfur dioxide is considered immediately dangerous to life and health.
b. Quetta
206. Suspended Particulate Matters (PM2.5) in ambient air were investigated to ascertain the present state of environment in Quetta. More emphasis was given to the SPM because Quetta is facing haze and dust storm problem most of the times of the year. PM2.5 concentrations in the city varied between 206.4 to 106.4 ug/m3 during May and September, 2007 respectively [Table-1 & 2]. On the average PM levels in the city always exceed the prescribed ambient levels. All the gaseous pollutants were reported within the limits of USEPA standards.
C. Peshawar
207. Main sources of air pollution in Peshawar are vehicular emissions industrial emissions from Brick Kiln factories. Massive burning of solid waste/refuse domestic burnings. Vehicular Pollution Carbon Monoxide, Nitrogen Oxides, sulfur oxides, Smoke, Dust, and Hydrocarbons are the main components of vehicular emissions poured into the urban air. Fuel adulteration and use of illmaintained vehicles enhances emissions from motor vehicle exhaust. A large amount of suspended dust is generated due to vehicles driving on unpaved road shoulders, poorly maintained and overcrowded roads. In Peshawar, influx of Afghan transporters has greatly increased the problem of air pollution. 208. The industrial units in NWFP are scattered over a vast stretch of the province with greater concentration in and around the city of Peshawar. Stack emissions from most of the industries are unregulated and uncontrolled except few industries which have installed treatment facilities. 209. Emissions from Brick Kilns. Approximately 450 brick kilns are situated in and around Peshawar City. Taking a monthly average a brick kiln producing 800,000 bricks uses large amount of rubber to start the fire and burns a total of eight tons fire wood, 200 tons of low quality coal, 20 drums of used mobile oil. The combustion of old rubber tyres and used mobil oil in these factories emits
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hydrocarbons, carbon monoxide and sulphur dioxide. 67% PM 10, 13% CO, 6% NOx, and 49% SO2 of contamination in the suburbs can be attributed to brick kilns. 210. Status of Air Pollution in Peshawar: Concentration of CO in May 2007 is 1.21 ppm and 1.03 ppm in Sept. 2007 (daily mean values) in Peshawar City (Permissible level = 9 ppm) [Table-1 &2]. Concentration of Nitrogen dioxide in May 2007 is 53.3 g/m3 and in Sept 2007 is 33.1 g/m3 (daily mean valued) in Peshawar (Permissible Level = 0.05 ppm).
d. Karachi
211. Karachi being the largest city of the country with a population of about 15 million and a moderate industrial base is also affected by heavy emissions of gaseous pollutants. The comparison of average pollution levels of different pollutants at the various traffic intersections and at reference points that SO2 concentration is higher by a factor of 2.5 to 3.38 over the latter. Similarly average NO x concentration is 7.8-12.9 times higher, CO 6.67- 9 times, CO 2 is at some intersections lower by a factor of 0.78 and also 1.44 times higher, PM10 1.1 to 2.3 times, O3 0.87 to 1.44 times, and noise level is 1.37 to 1.52 times higher than at reference points. 212. The average pollution level of NO x concentration is higher by a factor of 1.14-1.21; CO by 0.671.11; PM10 by 1.06 - 2.06 when compared with that suggested by World Bank Guidelines while the level of SO2 is lower by a factor of 0.38 - 0.51, and O 3 0.16 - 0.28. On the other hand, the noise level deviates by a factor of 0.87 - 0.95 from NEQS limits which are suggested to be 85 dB (A). It however exceeds the World Bank Guidelines by a factor of 1.06 - 1.17.Concentration of TSP exceeded 450 g/m3 in the city districts
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Environmental issues are needed to be considered for all developmental work. Holistic approach in policy matters is required. No elaborate Pollution Control Mechanisms exists -Neither any emission standards established.
214. Besides EPAs some R&D organizations, Universities, NGOs are also involved in air quality studies in the country. These organizations carry out short-term data collection and their work is mostly of research nature. Certainly there is a requirement to expand their activities so that they can not only fill up the gaps in EPAs data but can also improve the quality of data.
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development prospects of a district. In collaboration with the Tehsil Nazims, the Zila/District Nazim creates a development vision for the district integrating the roles and resources of the administration, private sector, civil society organizations, and local level institutions. This vision is realized through development plans and budget that the Zila/District Nazim should submit to the Zila/District Council for approval.
a. District Administration
223. The Zila/District Nazim is the Executive Head of the District and the administration and the police are answerable to him/her. It makes the state functionaries and service provider accountable to the elected representatives of the people. The district administration is coordinated by a District Coordination Officer (a civil servant). The administration consists of up to 12 groups of district offices each headed by the Executive District Officer. District Officers head sub-offices at the District Headquarters, while Deputy District Officers be in charge of specific functions located at Tehsils. The Executive District Officers primarily coordinate the work of the sub-offices.
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underpasses, ring-roads, etc. with huge investment that would also help reducing congestion and air pollution. 229. No CDG in the country is equipped with air quality monitoring hardware. Most of the available air quality monitoring data is done by Pakistan EPA and provincial EPAs in cooperation with the Ministry of Environment (MoE) and Japan International Cooperation Agency (JICA) and Pakistan Space and Upper Atmosphere Research Commission (SUPARCO). There is also some ad-hoc monitoring of air quality from other projects conducted by the Pakistan Atomic Energy Agency (PAEC) and the Pakistan Council of Scientific and Industrial Research (PCSIR). So the main responsibility of air quality monitoring still lies with federal and provincial EPAs. There is need to cultivate culture of collaboration between CDGs and respective EPAs. This will not only reduce some of AQM work load of EPAs but would also facilitate overcome the difficulties being faced by EPAs of local coordination and implementation of control measures. A 3-level of coordination would help attain the objectives of AQM, i.e.: Regular coordination between Federal, Provincial and District environmental protection departments City-based coordination groups, either coordinated by government or civil society Partnership between Federal Ministry and NGOs to set up oversight council of proven champions to maintain momentum
230. Involvement of CDGs will also raise public confidence and trust in the EPAs endeavor related to AQM. A joint AQM effort will ultimately win the CDGs some of the financial and technical rights which EPAs at present are shy to share with. However, as far as AQM is concerned, cities cannot do it all by themselves because factors responsible for problems do not necessarily originate in the city. There is a larger national context, linkages and interface among different factors. This is another reason why we need federal / provincial resources to support local governments to address a regional/national problem. 243. There are no local air pollution control boards at city level in the country. This responsibility also lies with EPAs. There is a need to involve the local govts in the implementation of air quality standards only then some progress towards NEQs implementation could be made. Such boards need to be created at least at City Nazim level. Only Lahore and Karachi have Clean Air Commissions and little is being reported about their activities and output. 231. Since city governments are answerable to local population therefore they have the ownership, accountability and transparency in their working area. However, as far as AQM is concerned, cities cannot do it all by themselves because factors responsible for problems do not necessarily originate in the city. There is a larger national context, linkages and interface among different factors. 232. Cities can address the concern over social equity more effectively and can ensure equity in access to transportation such as give high priority to public transport, walking and non motorized transport. Cities can address the concern over special vulnerability of the urban poor to air pollution related diseases. Strong public awareness is needed to make city governments respond to the link between air pollution, health and poverty as basis of AQM. 233. Collection and safe disposal of solid waste is purely a municipal service rendered by city govts. No city in the country is adequately equipped to carry out this work as required. The burning of municipal solid waste is also a significant source of air pollution in the urban areas. Almost 48,000 tons of solid waste is generated each day in Pakistan, most of which is either dumped in low-lying areas or burned or littered along the road sides. There is no active plan to effectively utilize solid waste for energy generation or otherwise. The burning of solid waste at low temperatures not only generates PM, but also produces other carcinogenic pollutants (Pakistan EPA/World Bank 2006). 234 Many cities are still hesitant to use these constitutional powers to act locally, on the other hand provincial and federal governments are still too rigid to allow flexibility in decision making at local level. This will require increase in local financing for AQM at the district level. The federal government should provide a significant portion of the resources needed. This can be done either enhanced allocation of resources to local government, polluter pays principle to discourage environmentallyunsustainable behavior and to generate income to support pro-AQM measures or through support
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from foundations, bilateral and multilateral donor agencies. Preferably in the form of a support program.
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c. Balochistan
240. Balochistan Partnerships for Sustainable Development (BPSD) has been initiated by IUCN Pakistan, with the aim to promote sound environmental governance at the district level through visioning, planning and implementation; resource management; and enhance capacity of the relevant stakeholders to support sustainable development in Balochistan. The six-year program is being implemented in selected districts in Balochistan province. As part of its activities, BPSD includes several projects linked to addressing climate change through better AQM. One of these includes the
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formation of Quetta Clean Air Coordination Committee (QCACC), under the supervision of the provincial environment department, with representation from all relevant sectors.
e. Recommended Strategy
243. Following strategy is recommended to set aside reasonable resources for AQM by various CDGs: (1) City sustainable development fund be established in consultation with provincial governments for AQM (2) This fund should be derived from the following sources, namely:a) grants made or loans advanced by the Federal Government or the Provincial Governments; b) aid and assistance, grants, advances, donations and other non-obligatory funds received from foreign governments, national or international agencies, and nongovernmental organizations; and c) Polluters (stationarymobile) need to contribute towards AQM to prevent/control pollution d) Contributions from private organizations, NGOs, and other persons. (3) These funds shall be utilized for providing financial assistance to the projects designed for better AQM and research in this spefic areas of environment;
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247. In case of private sector, it would be possible to launch the increased number of environment related campaign and projects, through the greater involvement of:i) Private sector including development entrepreneurs by dedicating natural resources use control and providing environmental pollution mitigation incentives; ii) The communities and NGOs through intensive awareness drives; and iii) Increased foreign donor grant assistance, etc. 248. As such no exclusive budget is allocated for AQM at city level, but resources are allocated in general terms for overall sustainability of environment. So in order to achieve the AQM objectives and goals, it is necessary to enhance the Public Sector Development allocations, besides providing necessary incentives to the private sector for making considerable investment in AQM projects. 249. The National Finance Commission (NFC) award is the distribution of financial resources among the provinces of Pakistan by the federal government on annual basis. Certain types of taxes collected in each province are pooled, and then redistributed according to the NFC formula based on population of each province. Taxes included in the pool are (1) income taxes, (2) general sales tax, (3) wealth taxes, (4) capital gains taxes, and (5) custom duties. Collections for the Worker Welfare Fund remain in the province where they are collected. Resource royalty is collected by the federal government and distributed to the provinces based on independent agreements. 250. As per Environmental ACT 1997 under section 26 Ministry of Environment had only delegated functions and powers of it and the Federal Environmental Protection Agency under section 26 of the Act to the Provincial governments. The Provincial Governments have further delegated these powers and functions to Environmental Protection Agencies and also planning to sub-delegate selected powers to the local government. However, for financial resources, the local governments are totally dependent on provincial governments. Further whatever meager resources are available to local governments, these are dedicated to service oriented actions and very little is available for AQM activities.
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Development Partners
Provincial government, City District Governments (CDGs), Chamber of Commerce and Industries, Transporters. Civil Society, Enforcement agencies, media, professionals, media
2.
Wastewater treatment.
3. 4. 5.
Controlling water contamination in supply system. Reducing emissions from vehicles and factories. Preventing discharge of untreated sewage into rivers and seas; protection of coastal ecological system. Improving built environment through effective enforcement of building regulations; renewal of degraded areas. Protection of green belts, & natural vegetation; promotion of tree plantation, judicious, groundwater use & management.
CDGs, EPAs, Industries, Transporters Federal Government, Provincial government, Karachi Port Trust (KPT), Port Qasim Authority (PQA), Defence Housing Authority (DHA), Lahore Development Authority (LDA), CDGs, Professionals, Industrialists, Media, Civil society, Funding agencies CDGs
6.
7.
Provincial Governments
254. No specific AQM bylaws exist at city level in Pakistan. All CDGs wish to implement the national ambient air quality standards NAAQS promulgated by Federal EPA. Under the Local Government Ordinance, CDGs have authority to adopt, modify or formulate their own air quality standards inconsonance with NAAQS issued by Federal EPA. The NAAQs as well as NEQS could not be implemented due to: i) absence of political will, ii) reluctance of various stakeholders, iii) lack of technical expertise, equipment, financing, etc. Cleaner Production (CP) solutions have now demonstrated high success in the areas of resource conservation, resource recovery and reuse, recycling, direct and indirect financial returns, simplicity in implementation, and cost effectiveness. The objective should be introduce resource conservation and prevent pollution generation at source by implementing technically simple (not always!) and cost-effective solutions.
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o o o o o o o
National Environmental Quality Standard (Self-monitoring and reporting by industries) Rules, 1998 Provincial Sustainable Development Fund (Procedure) Rules, 1998 Provincial Sustainable Development Fund (Utilization) Rules, 1998 Industrial Pollution Charge (Calculation and Collection) Rules, 1998 Environmental Sampling Rules, 1999 Hazardous Substances Rules, 1999 Environmental Laboratory Certification
Figure-6:
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National Bank of Pakistan (NBP) has so far handed over about 50,000 environment friendly CNG rickshaws worth more than Rs 5.5 billion to applicants all over Pakistan under its Rozgar scheme [30]. Among the important achievement could be phase-out / banning of 2-stroke rickshaws and diesel-fueled public transport vehicles and their replacement with CNG-fueled rickshaws. Encourage people to leave their car at home and walk or ride a bicycle to travel short distances. Develop efficient public transport systems to help reduce dependence on private cars. Promote energy efficiency and conservation. Energy efficiency means using technology to accomplish tasks with less energy. Energy conservation focuses on cutting down on wasteful energy consuming activities. These approaches are not only cost-effective ways of reducing harmful emissions from industries and vehicles, but they also give us time to search for safer and cheaper alternative energy sources. Enforce use of catalytic converters on vehicles to reduce tail-pipe emissions, electrostatic precipitators on stacks, fabric filters, scrubbers, or other technologies to remove oxides of nitrogen and particulate matter. Use careful land-excavating methods to control particulates. For example, water can be sprinkled on dry soil that is being moved during road construction. Insist on reducing the of sulphur content of fuels by switching to a low-sulphur fuel such as low-sulfur diesel and furnace oil, natural gas, or even to a non-fossil source such as solar energy. CDGs also need to evolve law against open burning of solid waste, since this is one of the important sources of air pollution in urban areas. The law could include further details like: o A complete ban on burning of the following substances: tires, plastics, drywall, demolition waste, domestic waste, paint, hazardous waste, tar paper, treated lumber, railway ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers, and biomedical waste. Residential open burning of leaves and grass could be exempted, and burning of these cannot be closer than 100 meters from another residence or 500 meters from a school (in session), hospital, or similar The exemption of residential open burning of leaves and grass from the Open Burning Smoke Control Regulation presents an opportunity for municipalities to develop open burning regulations of their own, which can focus on regional concerns.
10. Information on these bylaws could be disseminated through internet, electronic and print media
7.
260. At present most of the available air quality monitoring data is collected by Pak EPA, provincial EPAs, Ministry of Environment (MoE) and the Pakistan Space and Upper Atmosphere Research Commission (SUPARCO). There is also some ad-hoc monitoring of air quality from other projects conducted by the Pakistan Atomic Energy Agency (PAEC) and the Pakistan Council of Scientific and Industrial Research (PCSIR). 261. This information is randomly disseminated to general public through internet, electronic and print media. There is no regular setup to disseminate AQ data to general public or to decision or policy
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makers. An experiment has recently being done in Lahore where daily AQ data is displayed at two points in the city for awareness of general public.
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Fig-7: Traffic police officials penalizing smoke emitting vehicle operators 267. Pakistan Environmental Protection Act-1997, which replaced the 1983 Ordinance, provides for the protection, conservation, rehabilitation and improvement of the environment, for prevention and control of pollution, and for the promotion of sustainable development. It expanded on the environmental matters covered in the 1983 Ordinance. The 1997 Act was unique in that, to enhance its ownership, its enactment followed a public debate about its scope and content. 268. Many cities are still hesitant to use these constitutional powers to act locally, on the other hand provincial and federal governments are still too rigid to allow flexibility in decision making at local level. This will require increase in local financing for AQM at the district level. The federal government should provide a significant portion of the resources needed. This can be done either enhanced allocation of resources to local government, polluter pays principle to discourage environmentallyunsustainable behavior and to generate income to support pro-AQM measures or through support from foundations, bilateral and multilateral donor agencies. Preferably in the form of a support program. 269. To ensure compliance with the NEQS, the Pak-EPA and Provincial EPAs have been empowered to direct that vehicles shall install pollution control devices or use such fuels or undergo such maintenance or testing as may be prescribed. The Pak-EPA and Provincial EPAs have been empowered to issue the Environmental Protection Orders (EPO) to deal with an actual or potential adverse environmental effect in violation of the provisions of the 1997 Act. Environmental Tribunals have been constituted with exclusive jurisdiction to try serious offences under the 1997 Act. Minor offences relating to pollution by motor vehicles, littering and waste disposal and violation of rules and regulations are to be tried by Environmental Magistrates. An aggrieved person can file a complaint with the Environmental Tribunal (ET) after giving 30 days notice to the PEPA or the Provincial EPAs concerned. 300 cases pending before Environment Tribunal, 146 cases against EPA, Complainants say ET is reluctant to resolve issues and ET lawyer says complaints not in accordance with Section 12 of the EPA Sample Rules 2000 [31]. 270. In reaction to the pressure of the government and NGOs for NEQS compliance, Federation of Pakistan Chambers of Commerce and Industry (FPCCI) along with many industrial associations started protest against the stringency of the NEQS. It was argued that NEQS are a concoction of
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standards of different countries with little specific relevance to the Pakistan situation. Ministry of Environment and Pakistan EPA wisely decided to revise the National Environmental Quality Standards in consultation with all the stakeholders and especially with the industry institutions. 271. NEQS were revised on the basis of scientific arguments raised by the scientists and practical possibilities of compliance by industry. Incorporation of these concerns lead to general acceptability of the NEQS by the industry. Progressive industrial associations like Pakistan Tanners Association, All Pakistan Textile Processing Mills Associations, and Pakistan Society of Sugar Technologists started the implementation of environmental projects in their sectors. Other associations like Pharmaceutical association, Crop Life Association, and Pakistan Pulp, Paper, and Board Mills association organized many technical and general environmental workshops and seminars for creating environmental awareness among their members. Progressive chambers like Lahore chamber, Sialkot chamber, and Karachi Chamber also organized environmental awareness workshops and seminars for general public and their members [32].
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iv) Funds against the reserved seats for women and minorities can be utilized on development schemes. v) The Provincial Steering Committee/District Steering Committee have the discretion to initiate:a. New development schemes against the funds allocated under TPP; or b. Provide funds to the Local Governments, Cantonments Boards concerned for augmenting their development activities; c. Mega projects in the district can be initiated /financed by jointly allocating funds of more than one constituency. vi) The Provincial Steering Committee is empowered to identify/recommend development schemes for approval of the competent forum/execution under Tameer-e-Punjab programme against any constituency / district.
e. Analysis of Stakeholders
277. (i) The following stakeholders at all levels were consulted for stakeholder analysis: Government organizations responsible for formulation of policies, enactment of laws and for their enforcement; - DG Environment, Ministry of Environment, Pak-EPA, Provincial EPAs, Local Governments at Lahore (CDGL) & Karachi (CDGK). Executive District Officer (EDO) Transport & Communication Department, CDGL & CDGK,, EDO Environment CDGL. EDO Municipal Services CDGK, DG Mass Transit, CDGK. Private Transport Operators and their Unions Organizations for industry and automobile sectors which are origins of air pollution; Sindh Industrial Trading Estate (SITE) and Korangi Industrial Trading Estate (KITE), KESC Thermal Power Plants Karachi (Dept of Health, Safety and Environment), Pak Suzuki Motor Company Ltd Academic and research institutions and professional societies; - Karachi University, NED University, Sir Syed University of Engineering and Technology, Jinnah Postgraduate Medical Centre, Karachi, Aga Khan University Karachi NGOs/citizen groups; - IUCN Pakistan, Shehri Karachi
(ii) (iii)
(iv)
(v)
278. The above stakeholders represented all the sectors concerned with AQM. The government agencies such as the Ministry of Environment, Pak-EPAs find it difficult to cope with the increasing responsibilities of air quality management (AQM). Lack of commensurate financial resources, professional manpower, lack of cooperation and coordination with industrial and automobile sector, transport sector, thermal energy, municipal services, are among the hurdles faced by these agencies. The small-scale industrial units have problems in switch-over to cleaner technologies due to financial and managerial constraints. The academic and research institutions, are not provided with necessary opportunities for involvement in the decision making process. According to several NGOs and the media, lack of transparency is a major bottleneck and the relevant information from concerned sources is not easily accessible. The judiciary is not well acquainted with the technical aspects of air quality management and, at times, the judicial interventions are not backed by reliable database and analysis. Lack of awareness at various levels of the stakeholders is the common factor which comes in the way of effective and sustainable air quality management measures. Lack of networking among the stakeholders has been yet another major hurdle for concerted and cohesive approach. 279. Identification of the role of cultural practices operating in the transport sector and their contribution to the socio-economic and environmental problems of the Karachi city were meant to identify the cultural practices adopted by drivers and operators / owners of vehicles that have a direct bearing on emissions and fuel usage, and was required to record observations on the pursuit of best management practice in the operation of vehicular traffic. The following practices were identified during interviews with vehicle operators and traffic police: Vehicle selection criteria with particular reference to technology options and performance standards; drivers training and their awareness on emissions, on fuel economy, and on driving factors such as idling, speed and gear usage; Vehicle maintenance practices; Oil change and vehicle cleaning (tankers) practices; Spill control practices in case of incidents, and Use of tune-up facilities.
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280. Majority of operators of public transport system have been found concerned with optimizing revenue per trip, whether it is a passenger vehicle i.e. bus or a truck. The factor that prompts the decision of fleet operator to continue in business is (i) His ability to realize the cost of transporting per passenger and (ii) Assurance of profit on his investment. Table-18: Issues identified through stakeholder consultations ISSUES
1 Availability and reliability of baseline data due to lack of coordination and cooperation.
SUGGESTIONS
Development of a national environment data base with the coordination of: R & D organizations in related sectors Developing a nationwide program of linking universities departments of related disciplines through an integrated system to develop a system similar to that developed in the British India. Based on the data, develop GIS/GPS other modern tools for efficient environmental management All environmental data must be provided and available to develop a national environmental data base at NADRA Revision of AQM procedures and streamlining the guidelines in the local and indigenous context of social and environmental issues. Dissemination of the environmental procedures not only on Internet but also through other means of communication. Capacity building of EPAs and P&Ds department for: Review of AQM reports Economics and social appraisal of AQM Evaluation in terms of environmental costs and long-term social benefits. Capacity building of EPAs for monitoring in terms of: Availability of necessary monitoring equipment Trained manpower for carrying out monitoring Logistics and transport for monitoring A clear mechanism of coordination between P&D and EPA for environmental screening of public sector projects at P&D and environmental clearance by the EPA. Role and responsibilities be clearly defined. Land use planning must incorporate AQM A strong political will is must at all level Mechanisms for effective enforcement and necessary infrastructure need to be developed Involvement of local Governments for implementation at TMA level under the devolved governance structure. Suggestion is: Implementation at TMA level under the devolved system Monitoring by the provincial EPA Evaluation by the federal EPA Identification and engagement of actual stakeholders rather than people with vested in the public consultation process. Public hearing system must be strengthened through promotion of voluntary association or clubs or groups comprising of Capacity building of Media persons through trainings NGOs through training and networking Academia through dissemination of interdisciplinary knowledge on AQM in the broader context of sustainable development and poverty alleviation Improved consultancy services through: Quality assurance mechanism need to be devolved Accreditation of consultants on the basis of a transparent selection criteria Development of judicial activism for environment is needed merely public interest litigation is not sufficient. Promoting legal instrument for implementation of AQM. EPAs may be allowed to disburse the fee collected with AQM reports to spend on review process. Implementing bodies may be allowed to utilize the funds (on the environmental improvement) generated at the local level on account of violating environmental regulations.
AQM procedures and guidelines are not properly disseminated and clearly understood. Lack of institutional capacity
Lack of institutional mechanisms of coordination for AQM of public sector projects. No relationship of AQM with Land Use planning exists. Weak implementation and enforcement mechanisms
Weak public participation during the process of AQM and public hearing system is not effective and objective.
7 8 9
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a. NGOs Participation
282. A number of NGOs and CBOs exist in the country which also take note of several issues of environmental concerns including violation of any air quality standard and specialize in managing dialogues and interactions between local people, government agencies and judiciary on issues and concerns that require joint action and participation. Some of the NGOs are Shehri-CBE, WWF, IUCN, etc. 283. The Commission, known as the Lahore Clean Air Commission (LCAC), was composed of lawyers, EPD, City Government, Punjab Government, City Mayor (Nazim), environmental scientists, and civil society members. LCAC was tasked to submit a report on feasible and practical long- and short-term solutions and measures for monitoring, controlling, and improving the vehicular air pollution in the city of Lahore.
b. Shehri-CBE Mandate
284. The organization is involved in various projects related with protection and conservation of the natural and built environment of our country. Over the years, Shehri-CBE has built a sound reputation in the field of environmental advocacy and the development and management of participatory approaches for solving regional issues.
c. WWF Pakistan
285. WWF-Pakistan is a Non-Government Organization which aims to raise awareness and take practical, positive action on a range of environmental issues, as well as working to save nature. The Environmental Pollution Unit (EPU) has been involved in various projects to control pollution problems. For example, a low cost Air Pollution Monitoring (APM) kit was developed to provide students and environmentalists with an economical and quick way to analyze air pollution.
d. IUCN Pakistan
286. IUCN Pakistan is also hosting the local secretariat of Clean Air Initiatives-Asia (CAI). Under the auspicious of CAI, IUCN has initiated a Project called Pakistan Clean Air Network of IUCN (PCANIUCN). Which aims at institutional strengthening and capacity building for AQM in the country at federal, provincial and district level; promote and facilitate air quality research, with a view to ensuring clean and safe air for the health and well being of the people; promote sustainable transport practices; support the Government of Pakistan in the formulation of air quality management policies and programs, and assist in their implementation; and to facilitate knowledge management for the improvement of air quality.
e. Constraints of NGOs
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287.
There are number of NGOs working on environmental issues including AQM in the country. Like a common citizen, NGOs also confront with a number of impediments in putting forward their concerns to government departments. Since some of these NGOs are not conversant with the official procedures, some time they end up with difficulty in coordinating with their counterparts. The constraints concerning NGOs in Pakistan are as follows:
lack of financial support lack of clarity on requirements and responsibility Few AQM related activities, primarily due to limited funding for such activities Lack of mechanism for coordination and cooperation with their counterparts in government sector Have not been able to generate a common training/awareness program Have not been able to develop interaction program with industries for want of various factors such as lack of technical expertise of NGOs Lack of technical expertise and data Inadequate coordination and cooperation with other organizations technical expertise are not tapped Lack of follow-up and monitoring of implementation of existing legislation Lack of information sharing and up-dating among implementers Lack of infrastructure (e.g. monitoring equipments, software, hardware)
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Section C:
Recommendations
288. The major causes of air pollution in Pakistan include rapid industrialization, urbanization, and increased non-environment-friendly energy production. The following areas needs to be strengthened (i) air quality monitoring, (ii) capacity building of AQM sector, (iii) compliance to NEQS, (iv) emission inventory, and (v) coordination (among government ministries, local administrations, industries, enforcement agencies and other stakeholders). (vi) exchange of information on air quality and AQM initiatives. Air Quality Monitoring: Expand and upgrade the national monitoring network to increase both spatial and parametric coverage such as Faisalabad, Gujranwala, Multan, Hyderabad, Sukkur, Gawadar, etc. additional parameters may include VOCs, specific air toxics, ammonia, etc. Develop analysis capability to assist in source identification/apportionment. Develop standard methods and analysis protocols to facilitate comparison studies and trends analysis Establish approaches to define the location and timing of pollution sources, and develop capabilities to project emissions inventories to represent future year conditions
Specialized training of officers and staff of EPAs - Enhance institutional capacity for air pollution management through training and exchange of information Establishment and strengthening of enforcing procedures emissions limits; Establishing emissions limits for additional pollutants ; Incorporation of citizen comments in developing environmental regulations; Development and assessment of penalties / permit fees for emissions permits Compliance and enforcement: i) Consider stricter penalties; and ii) Consider self-reporting by sources to reduce the inspection burden.
b. Compliance to NEQS
Increase emphasis on controls evaluation, moving towards more frequent or constant evaluation and adjustment of NEQS to ensure attainment of air quality goals Periodically revisit national-level air quality and emission standards based on the protection of human health and the environment; evaluate emission standards in light of current technological advances in pollution control and cleaner production Examine the permit/emissions fees approach as a tool for strengthening incentives for emissions reduction, and/or for covering environmental protection costs.
c. Emission Inventory
291. The capability of carrying out in-country emission inventory is limited, in fact it does not exists. There is GIS-based no specific effort to inventorize emissions. An up-to-date inventory is required for policy decisions , devising emission standards as well as development of air quality action plans for key cities The emissions inventory should cover area and mobile sources and additional pollutants,
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particularly precursors for ozone and fine particulate matter. Enhance the capacity to study regional and local transport of pollutants, and chemistry of air pollutants. Initiate a short-term modeling effort for the assessment of sources of precursors for secondary pollutants. There is need to initiate develop Emission Inventories. Reliability of activity data on which inventories are to be based and emission factors used still remains questionable.
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k. Prevention of Pollution
300. It is unlikely that tail and stack-pipe control can manage air pollution. Some of the measures which should be taken for better AQM are: fuel switching and larger share of renewable energy sources, relocation of pollution sources from populated areas public transport, better land-use planning, emissions standards (technology), clean fuels, inspection & maintenance of vehicles, make optimal use of cleaner technology in stationary and mobile sources of pollution.
m. Funding
302. AQ management (quantity and quality) will require substantive funding. Air Quality management is relatively under funded in Pakistan compared to water quality management and other urban services Funding of AQM needs to be made less dependent on donors. Alternative funding sources such as GEF to be explored. Polluters (stationary mobile) need to start contributing to prevent/control pollution as required. Awareness raising that money spent on AQM is money well spent. Air pollution prevention in mobile sector through improved maintenance has very good returns because of reduced fuel consumption and reduced breakdowns.
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303. Integration Foreign Funded projects with regular AQM efforts: Integration of foreign funded projects with regular AQM efforts will help formulate management policies and practices. The transfer of skills from foreign funded projects to regulatory agencies will raise their level in dealing with AQM.
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D.
REFERENCES
[1]. [2]. [3]. [4]. [5]. [6]. [7]. [8]. [9]. [10]. [11]. [12]. http://www.environment.gov.pk/ABOUTUS.HTM, Activities Undertaken by Pak-EPA On the Sources of Widespread Winter Fog in Northern Pakistan and India, Geophysical Research Letters Vol.27, No.13, PP 1891-1894, July 01,2000, USA. Faiz & Sturn , Atmospheric Environment, 34, 4745-6, 2000 Report on status of Implementation of Action Plan to achieve Clean Fuel Supply in Pakistan, by standing Committee on Clean Fuels, GOP & Report of the Committee on Clean Fuels: Pak Env protection Council EPRC Project: Setting Environmental Priorities: Valuing the Environment, Draft Report by M. W. Addison, Dec 31, 1996 and The World Bank Report by Dr. Brandon 1992-3 World Banks report for South Asia on web Anand, Proceedings of Workshop on Integrated Approach to Vehicular Pollution Control in Delhi, Central Pollution Control Board, New Delhi, pp 110-7, 1998 Economic Survey of Pakistan 2007-2008 Quality of effluents from Hattar Industrial Estate, Journal of Zhejiang University Science, 2006 Business Recorder, Karachi, 5-08-2009 Hameed et.al, On the widespread Winter fall in North-Eastern Pakistan and India, Geophysical Research Letters 27, 1891-1894 Pakistan EPA/ World Bank. 2006. Strategic Country Environmental Assessment: Rising to the Challenges. Draft May 2006. Available: http://www.environment.gov.pk/NEWPDF/Pak-SCEA-May2006.pdf Pakistan EPA, 2005. State of the Environment Report 2005 (Draft). Available: http://www.environment.gov.pk/ Publications.htm Pakistan Statistical Year Book 2008 Society of Indian Automobile Manufacturer (SAIM) an ISO-9001-2000 Certified Organization Health Assessment Document For Diesel Engine Exhaust, United States, Environmental Protection Agency National burden of disease in India from indoor air pollution, Kirk R. Smith WHO Global and Regional Burden of Disease Report, 2004 Basic Design Study Report on the Project for the Establishment of Environmental Monitoring System in the Islamic Republic of Pakistan, JICA, and July 2005 Sectoral guidelines for environmental reportsMajor chemical and manufacturing plants, October 1997 5th international conference and exhibition on CNG Industry 14-15 Jan 2009, Lahore Pakistan. VETS/EPA-Peshawar (Draft) Guideline for Solid Waste management Jun 2005, Pakistan Environment Protection Agency UNIDO, December 2000, Industrial Policy and the Environment in Pakistan PAKISTAN - Technical Assistance Loan for the implementation of the National Environment Policy, Project ID: P110946 Feasibility study and development of transportation control plan of Karachi Metropolis, 2007. WHO Air Quality Guideline, 2005, European Directives 2008/50/EC http://www.dawn.com/2009/01/26/top14.htm Pakistan Economic Survey 1996-97, Statistical Appendix, 1997. Source: The Monthly Magazine for Pakistan Automotive Sector, May 08 Source: Daily Times, Saturday, June 28, 2008, Lahore Pakistan Time, 17th August 2009
[13].
[14]. [15]. [16]. [17]. [18]. [19]. [20]. [21]. [22]. [23]. [24]. [25]. [26]. [27].
[28].
[29]. [30]. [31]. [32].
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ANNEXURE-I
Table-19: National Environmental Quality Standards for Municipal and Liquid Industrial Effluents (mg/L, Unless Otherwise Defined) S.No Parameter Revised Standards Existing Into Sea6 Standards Into Inland Into Sewage Water Treatment5 1. Temperature or Temperature 40oC =<3oC =<3oC =<3 oC increase* 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. pH value 5-days Biochemical Oxygen Demand (BOD1) at 20oC1 Chemical Oxygen Demand (COD)1 Total suspended solids Total dissolved solids Grease and oil Phenolic compounds (as phenol) Chloride (as Cl) Fluoride (as F) Cyanide (as CN) total An-ionic detergents2 (as MBAS) Sulphate (SO4) Sulphide (S) 6-10 pH 80 mg/l. 150 mg/l. 150 mg/l. 3500 mg/l. 10 mg/l. 0.1 mg/l. 1000 mg/l. 20 mg/l. 2 mg/l. 20 mg/l. 600 mg/l. 1.0 mg/l. 6-9 80 150 200 3500 10 0.1 1000 10 1.0 20 600 1.0 6-9 250 400 400 3500 10 0.3 1000 10 1.0 20 1000 1.0 6-9 80** 400 200 3500 10 0.3 SC 10 1.0 20 SC 1.0
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15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.
Ammonia (NH3) Pesticides, herbicides, fungicides and insecticides3 Cadmium4 Chromium4 hexavalent). (trivalent and Copper4 Lead
4 4 4
40 mg/l. 0.15 mg/l. 0.1 mg/l. 1.0 mg/l. 1.0 mg/l. 0.5 mg/l. 0.01 mg/l. 0.5 mg/l. 1.0 mg/l. 1.0 mg/l. 2.0 mg/l. 5.0 mg/l. 1.0 mg/l. 1.5 mg/l. 2.0 mg/l. 1.5 mg/l. 6.0 mg/l. 1.0 mg/l.
40 0.15 0.1 1.0 1.0 0.5 0.01 0.5 1.0 1.0 2.0 5.0 1.0 1.5 8.0 1.5 6.0 1.0
40 0.15 0.1 1.0 1.0 0.5 0.01 0.5 1.0 1.0 2.0 5.0 1.0 1.5 8.0 1.5 6.0 1.0
40 0.15 0.1 1.0 1.0 0.5 0.01 0.5 1.0 1.0 2.0 5.0 1.0 1.5 8.0 1.5 6.0 1.0
Selenium
4
Explanations :
1. Summing minimum dilution 1:10 on discharge, lower ratio would attract progressively stringent standards to be determined by the Federal Environmental Protection Agency. By1:10 dilution means for example, that for each one cubic meter of treated effluent the recipient water body should have 10 cubic meter of water for dilution of this effluent. 2. Modified Benzene Alkyl Sulphate; assuming surfactant as bio-degradable. 3. Pesticides herbicides, fungicides, and insecticides. 4. Subject to total toxic metal discharge as at S. No.25 5. Applicable only when and where sewage treatment is operational and BOD5=80 mg/l. is achieved by the sewer treatment system. 6. Provided discharge is not at shore and not within 10 miles of mangrove or other important estuaries *. The effluent should not result in temperature increase of more than 3C at the edge of the zone where initial mixing and dilution take place in the receiving water body. In case zone is not defined, use 100 meters from the point of discharge. ** The value for industry is 200 mg/l. Note: Dilution of gaseous emissions and liquid effluents to bring them to the NEQS limiting value is not permissible through excess air mixing blowing in to the gaseous emissions or through fresh water mixing with the effluent before discharge into environment.
Table-20: National Environmental Quality Standards for Industrial Gaseous Emissions (mg/Nm3, Unless Otherwise Defined)
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S.No. 1.
Parameter
Source of emission
Smoke opacity not to exceed:(a) Boilers and furnaces: (i) Oil fired. (ii) Coal fired. (iii) Cement Kilns. (b) Grinding, crushing, clinker coolers and related processes, metallurgical processes, convertors, blast furnaces and cupolas.
3. 4. 5. 6. 7. 8. 9 10 11 12 13 14 15 16
Hydrogen Chloride2 Chlorine2 Hydrogen Fluoride2 Hydrogen Sulphide2 Sulphur Oxides Carbon Monoxide4 Lead 2 Mercury
2
Any. Any. Any. Any. Sulfuric Acid / Sulfuric Acid Plants. Others Plants. 3 Any. Any. Any.
2
400 150 150 10 5000 1700 800 50 10 20 20 50 20 200 3000 400 600 1200
Antimony Zinc 2
Any. Any. (i) Nitric Acid manufacturing unit. (ii) Gas fired (iii) Oil fired (iv) Coal fired
Explanations: 1. 2. 3. 4.
Based on the assumption that the size of the particles is 10 microns or more. Any source. Based on 1% sulphur content in fuel oil. Higher content of sulphur will cause standards to be pro-rated. In respect of emissions of sulphur dioxide and nitrogen oxides, the power plants operating on oil or coal as fuel shall, in addition to National Environmental Quality Standards (NEQS) specified above, comply with the following standards.
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Background Air Quality (S02 Basis) Unpolluted Moderately Polluted * Low High Very Polluted **
Annual Average
Max. allowable ground level Increment to ambient (g//m3) (One year average) 50
< 50
< 200
50 10 10
* For intermediate values between 50 and 100 ug/m3 linear interpolations should be used. ** No project with sulphur dioxide emissions will be recommended.
Nitrogen Oxide
Ambient air concentrations of nitrogen oxides, expressed as NO 2, should not exceed the follow Annual Arithmetic Mean 100 g/m3
Emission levels for stationary sources discharges, before mixing with the atmosphere, should be maintained as follows:For fuel fired steam generations, as nanogram (10E-9 gram) per joule of heat input: Liquid fossil fuel Solid fossil fuel Lignite fossil fuel 130 300 260
Table-22: National Environmental Quality Standards for Motor Vehicle Exhaust & Noise S.No Parameter Standards (maximum Measuring method permissible limit)
40% or 2 on the Ringlemann Scale or equivalent smoke number at end of exhaust pipe during engine acceleration mode. Emission Standards : New Vehicles. 2. Carbon Monoxide. 4.5 % 6% To be compared with Ringlemann Chart at a distance of 6 meters or more.
1.
Smoke
Used* Vehicles. Under idling conditions. Non dispersive infrared detection through gas analyzer. Sound-meter at 7.5 meters from the source.
3.
Noise.
85 db (A).
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average
Annual Average* 24 hours** Annual Average* 24 hours** Annual Average* 24 hours** 1 hour Annual Average* 24 hours** Annual Average* 24 hours** Annual Average* 24 hours** 1 hour Annual Average* 24 hours**
Effective from 1st January 2009 80 g/m3 120 g/m3 40 g/m3 40 g/m3 40 g/m3 80 g/m3 180 g/m3 400 g/m3 550 g/m3 200 g/m3 250 g/m3 25 g/m3 40 g/m3 25 g/m3 1.5 g/m3 2 g/m3
Effective from 1st January 2012 80 g/m3 120 g/m3 40 g/m3 40 g/m3 40 g/m3 80 g/m3 130 g/m3 360 g/m3 500 g/m3 120 g/m3 150 g/m3 15 g/m3 35 g/m3 15 g/m3 1 g/m3 1.5g/m3
Oxides of Nitrogen as (NO) Oxides of Nitrogen as (NO2) O3 Suspended Particulate Matter (SPM) Respirable Particulate Matter. PM10 Respirable Particulate Matter. PM2.5
- Gas Phase Chemiluminescence -Non dispersive UV absorption method - High Volume Sampling, (Average flow rate not less than 1.1 m3/minute). - Ray absorption method
Lead (Pb)
- ASS Method after sampling using EPM 2000 or equivalent Filter paper
8 hours** 1 hour
5 mg/m3 10 mg/m
3
5 mg/m3 10 mg/m
3
*Annual arithmetic mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval. ** 24 hourly /8 hourly values should be met 98% of the in a year. 2% of the time, it may exceed but not on two consecutive days.
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ANNEXURE-II
Background: Air pollution is a growing problem in urban areas in Pakistan, where approximately 35% of the countrys population lives. It has been linked with a range of health effects and is identified as a major constraint to economic growth (see Pakistan Strategic Country Environmental Analysis--World Bank, 2006). Concentrations of fine particulate matter for instance, considerably exceed acceptable levels in many Pakistani cities, with mobile sources being the main source of such pollution. The total health costs linked with air pollution are estimated to be approximately 1% of the countrys GDP (World Bank, 2006). To address urban air quality, the Government of Pakistan (GoP) has articulated a Pakistan Clean Air Program (PCAP), thus showing its commitment to addressing urban air pollution. However, a range of institutional challenges relating to i) institutional design, ii) regulatory framework, iii) institutional capacity and iv) the lack of incentives and accountability underpin and undermine efforts to improve urban air quality. Assisting Pakistan with addressing urban air pollution is a key area for follow-up and possible World Bank support. The World Bank has been informally requested by the GoP to assist it with implementing the PCAP as a follow-up to the SCEA. The Country Management has expressed its willingness to respond positively. Strengthening institutional arrangements for AQM has been identified as central to any engagement on the topic. Objective: The objective of this consultancy is to assess institutional and organization factors that shape and constrain improvements in urban air quality in Pakistan both at the level of selected cities. The assessment will focus both on formal and informal rules that shape collective action between key stakeholders in addressing air quality. The emphasis is on identifying strengths and weaknesses of the existing governance framework and proposing recommendations for improving air quality management in selected cities. Scope of Work: The consultant should review relevant literatures in the areas of air quality management and political economy analysis, including country background reports on environmental management, the Pakistan SCEA (especially chapter 5), relevant government reports and documents, undertake in-depth review of Pakistans environmental laws and regulations specifically those pertaining to air quality management, review relevant reports and studies prepared by NGOs and/or other research institutions. Based on a review of background research, interviews with key stakeholders and fieldwork undertaken in Pakistan, the consultant should prepare a report focusing on the following areas of analysis. These issues/questions should be used both to structure interviews with key stakeholders (relevant governmental officials in national agencies and municipalities, private sector and NGOs) and guide the analysis. Part A: National level analysis Overview of political and socio-economic context : Provide a brief analysis of the current political and socio-economic situation in Pakistan that has implications for air quality management in the country. Discuss attention to this issue historically at the national and municipal levels and how it is currently positioned in public discourse. To what extent is urban air quality a priority compared to other environmental/development issues in Pakistan? If urban air quality is getting public attention in certain cities, describe through what processes/channels or actions this has become a public issue. If there is conflict around this issue, briefly describe the nature of the conflict and factors contributing to it. Trends in air quality and link to health: This section should provide a brief overview of key indicators linked with air quality nationally and in all major cities (above population of .1 million). What are the trends for the last 10 years in key air quality indicators in urban areas? Have ambient air quality monitoring stations been set up in major cities? What indicators are being monitored? How well are they functioning? What are the underlying organizational constraints underlying the operation of these stations? Analysis of decentralization framework and delegation of responsibilities linked with air quality management: Provide a brief analysis of the overall governmental structure and relations of accountability between line ministries, provinces and municipalities/urban local bodies in Pakistan. Assess the nature of centralization/decentralization with respect to administrative, legal and fiscal decentralization and how it effects urban air quality management. Identify clearly, the responsibilities of line ministries, provinces and cities with respect to AQM. Present this in an organizational chart indicating flows of resources, information, decision-making processes and lines of accountability.
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Analysis of environmental and sectoral polices linked with air quality management: Identify the main policies relating to air quality management (e.g. relevant environmental, energy, transport, industry, urban, municipal solid waste policies? What are the main objectives of the policies, and what are the main gaps with respect to improving AQM? What are the national air quality goals? Are key sector policies harmonized and consistent with each other and with respect to national targets, indicators, and goals? What are the discrepancies? Present key features in a table. Analysis of main laws and regulatory framework : Assess the national level air quality laws (e.g. Clean Air Act or equivalent) and regulations. Do available laws specify ambient air quality standards, emissions standards? What are the main strengths and weaknesses? Are the various sectoral regulations consistent? How do they compare with international health based ambient air quality standards? In a matrix/table, identify all relevant air quality laws and regulations in Pakistan identifying agencies responsible for implementation and main gaps. National level agencies mandated to address urban air quality: Identify key line ministries/agencies (energy, transport, industry, environment, solid waste, others) responsible for making policies and regulations with respect to air quality management at the national level. What are their main mandates regarding air quality management and pollution prevention? Assess access to staff, budget and funding for air quality management in each relevant agency. What is the nature of leadership in key agencies? In what ways do agency cultures influence commitment and implementation of mandates with respect to AQM? Assess the process of planning and budgeting for air quality management at the national level in each relevant line ministry or agency. Does agency staff have adequate skills in terms of planning and budgeting for AQM? Through what processes are resources allocated to air quality management in each agency? What are the factors that influence prioritization of air quality related activities in relevant line ministries/agencies? In an organizational matrix, identify key agencies, their mandates, staff, resources and key organizational issues influencing their capacity to address AQM. Inter-sectoral coordination: What is the nature of inter-sectoral coordination at the national level with respect to air quality management between relevant sectors (industry, transport, environment, energy, solid waste etc.? What has been the nature of coordination on key transport, environment and energy policies linked with AQM (e.g. on policies linked with fuel quality, fuel and vehicle emissions standards, vehicle technology, promotion of alternate fuels, pollution abatement measures, fiscal policies/fuel subsidies, etc.)? Is there any mechanism by which line ministries with policy or regulatory mandates coordinate? Who is mandated to lead the process of intersectoral coordination? How well does the mechanism function? What are the formal and informal rules shaping collective action between relevant agencies? If such a mechanism does not exist, assess feasibility of setting up such a mechanism. Analysis of national programs to support municipal governments: What are the existing programs through which line ministries are supporting municipal governments in improving and managing air quality? These can include programs initiated by the environmental regulatory agency, the transport, industry, energy or other sectors. How are the programs being funded? What are the relative roles of line ministry agencies and municipalities in implementing these programs? What accountability mechanisms underpin the functioning of these programs? Assess how well these programs are functioning and major institutional, organization, technical and financial difficulties in implementing these programs. Part B: City level analysis The following analysis should be carried out in each of 4 selected cities [Quetta, Lahore, others to be discussed; including 2 good practices]. 1) Overview of air quality in the selected city: What is the quality of air in the selected city? What indicators are being monitored and by whom? Draw on existing studies to show impact on health on different socio-economic groups, particularly the poor. Who collects, synthesizes and disseminates this information and how effectively is this done? How effective are the existing air quality monitoring activities in the city? What are the institutional issues that constrain their operation? To what extent is air quality a priority issue in the city? What roles have NGOs or other organizations played in raising the profile of urban air pollution in the city?
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2) Major Sources of air pollution in the municipality : Provide overview of the major sources of air pollution in the city. Which industries/firms are the biggest polluters? To what extent do small firms collectively contribute to air pollution? Which are the gross emitters in terms of the existing vehicle fleet? Provide brief summary of interventions/pollution abatement measures that are currently in place to target them and how effectively they are functioning. 3) Links between politicians and bureaucrats at the city level: Assess the existing political and bureaucratic structure and processes of decision-making and accountability in the selected cities. Identify nodes of power and authority in the city administration particularly as they influence decision-making with respect to air quality management. 4) Mandates, functions, staffing: Identify the main mandates of the city administration with respect to air quality management. How are these mandates implemented in practice? What are the specific requirements that each local government must meet to in order to obtain authority from the central government to regulate air quality? Which agencies are responsible for air quality monitoring and the implementation of air quality standards in the city? Are there any local air pollution control boards or districts? Assess adequacy of staff, resources, coordination between sectors (e.g. in departments of energy, solid waste) and organizational cultures for effectively implementing AQM at the city level. 5) Planning and budgeting process: Assess the process of planning and budgeting for air quality management at the city level. What is the nature of coordination between sectors with respect to AQM? Is there a systematic process of planning (data collection and synthesis, information dissemination and feedback channels, preparation of strategic plan, coordination between sector staff, coordination with private sector and NGOs, etc.) for AQM? Through what process are emissions control measures for instance, integrated in broader aspects of urban planning? Discuss process of allocation of budgets and the transparency and accountability in the process. 6) Flow of funding between center and cities: What are the sources of funding for air quality management at the city level? What are the trends in allocation of budgets to AQM in the selected cities? How reliable and predictable is the budget? What are the areas of expenditure? How transparent is the execution and monitoring? What are the formal and informal rules that shape the budgetary process? What are the institutional constrains/gaps in the budgetary process? How much funding does the national government provide to support state and local governments in environmental air quality management? Does national government provide funds for technical assistance and specific programs for air quality management locally? If so, in what form? ( e.g. grants). What are the funding allocation criteria between provinces? Is federal funding linked to performance? What addition funds are available to the states for air quality management? Where does this additional funding come from? What means do the selected cities have to raise additional funds to support local air quality programs? 7) Adequacy of city level regulations and bylaws: Analyze relevant city level regulations and bylaws with respect to managing air quality and present them in a matrix. Do cities have the authority to adopt and implement their own measures to maintain air quality standards? How adequate are these standards? For each relevant by law, identify key features and major shortcomings with respect to improving urban air quality. 8) Public Participation and Access to Information: How does the city (or provincial) administration disseminate information regarding AQ to the public? What are some mechanisms in the city that allow the public to influence environmental policy (i.e. regular information release, public hearing, independent technical advisory committees, referendums where public could directly decide on a proposed environmental law, access to courts, etc.)? How are civil society inputs incorporated into decision-making at the city level? 9) Compliance incentives, monitoring and enforcement of city laws and bylaws: What are available monitoring and enforcement tools at the federal/provincial and state levels? How effectively is the environmental protection order being enforced? What are some of the economic incentives in place for monitoring and enforcement of air quality standards? In each selected city, undertake a stakeholder analysis (including city officials, frontline bureaucrats involved in enforcement, representatives of polluting industries, vehicle manufacturers, relevant associations, small firms, small firm/industry associations, NGOs, private
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sector agencies involved in air quality monitoring, and other relevant stakeholders) to assess underlying incentives/disincentives that contribute to limited implementation of existing air quality programs and poor enforcement of existing laws and standards in the city. A questionnaire should be developed to facilitate this exercise. The findings should highlight the political economy issues underlying weak enforcement and limited implementation of pollution abatement programs in each city. 10) Role of citizens and NGOs in monitoring and enforcement: Can environmental regulations be enforced by local citizens? Is there any sort of regulation that authorizes a person to file a civil action against any federal or urban facility for a violation of any air quality standards issues by central government or a state? Are citizens authorized to file a civil action against the government administrator for alleged failure to perform any duties when dealing with air quality? How effective are these various compliance and enforcement tools? What is the role of NGOs and CBOs in air quality management in selected cities in Pakistan? What are their major activities in this area? What constraints do they face in working with city officials and private sector? 11) The role of the judiciary: The courts are an important part of the environmental policymaking, implementation and enforcement process in many countries. What are the roles of national and city/provincial courts in the air quality policy-making, enforcement of laws and regulations as they relate to the air quality in Pakistan? What pressures does the judiciary face in adjudicating contesting claims from different stakeholders? Provide some examples and case-law, if any, of successful action related to air quality management on the part of the judiciary. Part C: Conclusions and Recommendations Summary of main findings and recommendations: Summarize the main findings and conclusions based on the above analysis. Propose actionable recommendations for addressing the main institutional and governance constraints in improving air quality at the national and city levels.
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PART I
SENATE SECRETARIAT
No. F. 9(46)/97-Legis.- The following Acts of Majlis-e-Shoora (Parliament) received the assent of the Acting President on 3rd December, 1997 are hereby published for general information :-
An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development
WHEREAS it is expedient to provide for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, promotion of sustainable development, and for matters connected therewith and incidental thereto;
1. Short title, extent and commencement.--(1) This Act, shall be called the Pakistan Environmental Protection Act, 1997 (2) It extends to the whole of Pakistan. (3) It shall come into force at once.
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2. Definitions.In this Act, unless there is anything repugnant in the subject or context, (i) "adverse environmental effect" means impairment of, or damage to, the environment and includes a) impairment of, or damage to, human health and safety or to biodiversity or property; b) pollution; and c) any adverse environmental effect as may be specified in the regulations; (ii) "agricultural waste" means waste from farm and agricultural activities including poultry, cattle farming,
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animal husbandry residues from the use of fertilizers, pesticides and other farm . chemicals; (iii) "air pollutant" means any substance that causes pollution of air and includes soot, smoke, dust particles, odour, light, electro-magnetic, radiation, heat, fumes, combustion exhaust, exhaust gases, noxious gases, hazardous substances and radioactive substances; (iv) "biodiversity" or "biological diversity" means the variability among living organisms from all sources, including inter alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems; (v) "Council" means the Pakistan Environmental Protection Council established under section 3; (vi) "discharge" includes spilling, leaking, pumping, depositing, seeping, releasing, flowing out, pouring, emitting, emptying or dumping; (vii) "ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit; (viii) "effluent" means any material in solid, liquid or gaseous form or combination thereof being discharged from industrial activity or any other source and includes a slurry, suspension or vapour; (ix) "emission standards" means the permissible standards established by the Federal Agency or a Provincial Agency for emission of air pollutants and noise and for discharge of effluent and waste; (x) "environment" means (a) air, water and land; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; (d) the ecosystem and ecological relationships; (e) buildings, structures, roads, facilities and works; (f) all social and economic conditions affecting community life; and (g) the inter-relationships between any of the factors specified in sub-clauses (a) to (f); (xi) "environmental impact assessment" means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of recommendations and such other components as may be prescribed; (xii) "Environmental Magistrate" means the Magistrate of the First Class appointed under Section 24 ; (xiii) Environmental Tribunal means the Environmental Tribunal constituted under section 20 ; (xiv) "Exclusive Economic Zone" shall have the same meaning as in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976); (xv) "factory" means any premises in which industrial activity is being undertaken; (xvi) "Federal Agency" means the Pakistan Environmental Protection Agency established under section 5, or any Government Agency, local council or local authority exercising the powers and functions of the Federal Agency; (xvii) "Government Agency" includes (a) a division, department, attached department, bureau, section, commission, board, office or unit of the Federal Government or a Provincial Government; (b) a developmental or a local authority, company or corporation established or controlled by the Federal Government or Provincial Government; and (c) a Provincial Environmental Protection Agency. ; and (d) any other body defined and listed in the Rules of Business of the Federal Government or a Provincial Government. (xviii) "hazardous substance" means (a) a substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics, causes, or is likely to cause, directly or in combination with other matters an adverse environmental effect; and (b) any substance which may be prescribed as a hazardous substance; (xix) "hazardous waste" means waste which is or which contains a hazardous substance or which may be prescribed as hazardous waste and includes hospital waste and nuclear waste; (xx) "historic waters" means such limits of the waters adjacent to the land territory of Pakistan as may be specified by notification under section 7 of the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976);
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(xxi) "hospital waste" includes waste medical supplies and materials of all kinds, and waste blood, tissue, organs and other parts of the human and animal bodies, from hospitals, clinics and laboratories; (xxii) "industrial activity" means any operation or process for manufacturing, making, formulating, synthesizing, altering, repairing, ornamenting, finishing, packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or for mining, for oil and gas exploration and development, or for pumping water or sewage, or for generating, transforming or transmitting power or for any other industrial or commercial purpose; (xxiii) "industrial waste" means waste resulting from an industrial activity; (xxiv) "initial environmental examination" means a preliminary environmental review of the reasonably foreseeable qualitative and quantitative impacts on the environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment; (xxv) "local authority" means any agency set up or designated by the Federal Government or a Provincial Government, by notification in the official Gazette, to be a local authority for the purposes of this Ordinance; (xxvi) "local council" means a local council constituted or established under a law relating to local government; (xxvii) "motor vehicle" means any mechanically propelled vehicle adapted for use upon land whether its power of propulsion is transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, and a trailer, but does not include a vehicle running upon fixed rails; (xxviii) "municipal waste" includes sewage, refuse, garbage, waste from abattoirs, sludge and human excreta and the like; (xxix) "National Environmental Quality Standards" means standards established by the Federal Agency under clause (e) of sub-section (1) of section 6 and approved by the Council under clause (c) of sub-section (1) of section 4; (xxx) "noise" means the intensity, duration and character of sounds from all sources, and includes vibration; (xxxi) "nuclear waste" means waste from any nuclear reactor or nuclear plant or other nuclear energy system, whether or not such waste is radioactive; (xxxii) "person" means any natural person or legal entity and includes an individual, firm, association, partnership, society, group, company, corporation, co-operative society, Government Agency, nongovernmental organization, community-based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel; (xxxiii) "pollution" means the contamination of air, land or water by the discharge or emission of effluent or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters unfavourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious, disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity; (xxxiv) "prescribed" means prescribed by rules made under this Act; (xxxv) "project" means any activity, plan, scheme, proposal or undertaking involving any change in the environment and includes (a) construction or use of buildings or other works; (b) construction or use of roads or other transport systems; (c) construction or operation of factories or other installations; (d) mineral prospecting, mining, quarrying, stone-crushing, drilling and the like; (e) any change of land use or water use; and (f) alteration, expansion, repair, decommissioning or abandonment of existing buildings or other works, roads or other transport systems, factories or other installations; (xxxvi) "proponent" means the person who proposes or intends to undertake a project; (xxxvii) "Provincial Agency" means a Provincial Environmental Protection Agency established under section 8; (xxxviii) "regulations" means regulations made under this Act; (xix) "rules" means rules made under this Act; (xl) "sewage" means liquid or semi-solid wastes and sludge from sanitary conveniences, kitchens, laundries, washing and similar activities and from any sewerage system or sewage disposal works; (xli) "standards" means qualitative and quantitative standards for discharge of effluent and wastes and for emission of air pollutants and noise either for general applicability or for a particular area, or from a particular production process, or for a particular product, and includes the National Environmental Quality Standards, emission standards and other standards established under this Act and the rules and regulations;
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(xlii) "sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs; (xliii) "territorial waters" shall have the same meaning as in the Territorial Waters and Maritime Zones Act, l 976 (LXXXII of 1976); (xliv) "vessel" includes anything made for the conveyance by water of human beings or of goods; and (xlv) "waste" means any substance or object which has been, is being or is intended to be, discarded or disposed of, and includes liquid waste, solid waste, waste gases, suspended waste, industrial waste, agricultural waste, nuclear waste, municipal waste, hospital waste, used polyethylene bags and residues from the incineration of all types of waste. 3. Establishment of the Pakistan Environmental Protection Council. (1) The Federal Government shall, by notification in the official Gazette, establish a Council to be known as the Pakistan Environmental Protection Council consisting of (i) Prime Minister or such other person as the Prime Minister may nominate in this behalf. (ii) Minister incharge of the Ministry or Division dealing with the subject of environment. (iii) Chief Ministers of the Provinces. ..... (iii) Ministers Incharge of the subject of environment in the Provinces. ..... (iv) Such other persons not exceeding thirty-five as the federal Government may appoint, of which at least twenty shall be nonofficials including five representatives of the Chambers of Commerce and Industry and industrial associations and one or more representatives of the Chambers of Agriculture, the medical and legal professions, trade unions, and non-governmental organizations concerned with the environment and development, and scientists, technical experts and educationists (v) Secretary to the Government of Pakistan, incharge of the Ministry or Division dealing with the subject of environment Chairperson Vice Chairperson
Members Members
Members
Member/ Secretary
(2) The Members of the Council, other than ex-officio members, shall be appointed in accordance with the prescribed procedure and shall hold office for a term of two years. (3) The Council shall frame its own rules of procedure. (4) The Council shall hold meetings, as and when necessary, but not less than two meetings, shall be held in a year. (5) The Council may constitute committees of its members and entrust them with such functions as it may deem fit, and the recommendations of the committees shall be submitted to the Council for approval. (6) The Council, or any of its committees, may invite any technical expert or representative of any Government Agency or non-governmental organization or other person possessing specialized knowledge of any subject for assistance in performance of its functions. 4. Functions and powers of the Council.(1) The Council shall (a) co-ordinate and supervise enforcement of the provisions of this Act; and (b) approve comprehensive national environmental policies and ensure their implementation within the framework of a national conservation strategy as may be approved by the Federal Government from time to time; (c) approve the National Environmental Quality Standards; (d) provide guidelines for the protection and conservation of species, habitats, and biodiversity in general, and for the conservation of renewable and non-renewable resources. (e) co-ordinate integration of the principles and concerns of sustainable development into national development plans and policies; (f) consider the National Environment Report and give appropriate directions thereon;
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(2) The Council may, either itself or on the request of any person or organization, direct the Federal Agency or any Government Agency to prepare, submit, promote or implement projects for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, and the sustainable development of resources or to undertake research in any aspect of environment. 5. Establishment of the Pakistan Environmental Protection Agency.----(1) The Federal Government shall, by notification in the official Gazette, establish the Pakistan Environmental Protection Agency to exercise the powers and perform the functions assigned to it under this Act and the rules and regulations made thereunder. (2) The Federal Agency shall be headed by a Director-General who shall be appointed by the Federal Government on such terms and conditions as it may determine. (3) The Federal Agency shall have such administrative, technical and legal staff, as the Federal Government may specify, to be appointed in accordance with such procedure as may be prescribed. (4) The powers and functions of the Federal Agency shall be exercised and performed by the DirectorGeneral. (5) The Director-General may, by general or special order, delegate any of the powers and functions to staff appointed under sub-section (3). (6) For assisting the Federal Agency in the discharge of its functions the Federal Government shall establish Advisory Committees for various sectors and appoint as members thereof eminent representatives of the relevant sector, educational institutions, research institutes and non-governmental organizations. 6. Functions of the Federal Agency.(1) The Federal Agency shall (a) administer and implement this Act and the rules and regulations made; (b) prepare, in co-ordination with the appropriate Government Agency and in consultation with the concerned sectoral Advisory Committees, national environmental policies for approval by the Council; (c) take all necessary measures for the implementation of the national environmental policies approved by the Council; (d) prepare and publish an annual National Environment Report on the state of the environment; (e) prepare, establish and revise the National Environmental Quality Standards with approval of the Council: Provided that before seeking approval of the Council, the Federal Agency shall publish the proposed National Environmental Quality Standards for public opinion in accordance with the prescribed procedure; and (f) ensure enforcement of the National Environmental Quality Standards; (g) establish standards for the quality of the ambient air, water and land, by notification in the official Gazette in consultation with the Provincial Agency concerned: Provided that (i) different standards for discharge or emission from different sources and for different areas and conditions may be specified; (ii) where standards are less stringent than the National Environmental Quality Standards prior approval of the Council shall be obtained; (iii) certain areas, with the approval of the Council, may exclude from carrying out specific activities, projects from the application of such standards; (h) co-ordinate environmental policies and programmes nationally and internationally; (i) establish systems and procedures for surveys, surveillance, monitoring, measurement, examination, investigation, research, inspection and audit to prevent and control pollution, and to estimate the costs of cleaning up pollution and rehabilitating the environment in various sectors; (j) take measures to promote research and the development of science and technology which may contribute to the prevention of pollution, protection of the environment, and sustainable development; (k) certify one or more laboratories as approved laboratories for conducting tests and analysis and one or more research institutes as environmental research institutes for conducting research and investigation for the purposes of this Act. (l) identify the needs for and initiate legislation in various sectors of the environment; (m) render advice and assistance in environmental matters including such information and data available with it as may be required for carrying out the purposes of this Act: Provided that the disclosure of such information shall be subject to the restrictions contained in the proviso to sub-section (3) of section 12; (n) assist the local councils, local authorities, Government Agencies and other persons to implement schemes for the proper disposal of wastes so as to ensure compliance with the standards established by it; (o) provide information and guidance to the public on environmental matters;
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(p) recommend environmental courses, topics, literature and books for incorporation in the curricula and syllabi of educational institutions; (q) promote public education and awareness of environmental issues through mass media and other means including seminars and workshops; (r) specify safeguards for the prevention of accidents and disasters which may cause pollution, collaborate with the concerned person in the preparation of contingency plans for control of such accidents and disasters, and co-ordinate implementation of such plans; (s) encourage the formation and working of non-governmental organizations, community organizations and village organizations to prevent and control pollution and promote sustainable development; (t) take or cause to be taken all necessary measures for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution and promotion of sustainable development; and (u) perform any function which the Council may assign to it. 1 (2) The Federal Agency may (a) undertake inquiries or investigation into environmental issues, either of its own accord or upon complaint from any person or organization; (b) request any person to furnish any information or data relevant to its functions; (c) initiate with the approval of the Federal Government, requests for foreign assistance in support of the purposes of this Act and enter into arrangements with foreign agencies or organizations for the exchange of material or information and participate in international seminars or meetings; (d) recommend to the Federal Government the adoption of financial and fiscal programmes, schemes or measures for achieving environmental objectives and goals and the purposes of this Act, including (i) incentives, prizes awards, subsidies, tax exemptions, rebates and depreciation allowances; and (ii) taxes, duties, cesses and other levies; (e) establish and maintain laboratories to help in the performance of its functions under this Act and to conduct research in various aspects of the environment and provide or arrange necessary assistance for establishment of similar laboratories in the private sector; and (f) provide or arrange, in accordance with such procedure as may be prescribed, financial assistance for projects designed to facilitate the discharge of its functions. 7. Powers of the Federal Agency.Subject to the provisions of this Act, the Federal Agency may (a) lease, purchase, acquire, own, hold, improve, use or otherwise deal in and with any property both moveable and immovable; (b) sell, convey, mortgage, pledge, exchange or otherwise dispose of its property and assets; (c) fix and realize fees, rates and charges for rendering any service or providing any facility, information or data under this Act or the rules and regulations; (d) enter into contracts, execute instruments, incur liabilities and do all acts or things necessary for proper management and conduct of its business; (e) appoint with the approval of the Federal Government and in accordance with such procedures as may be prescribed, such advisers, experts and consultants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit; (f) summon and enforce the attendance of any person and require him to supply any information or document needed for the conduct of any enquiry or investigation into any environmental issue; (g) enter and inspect and under the authority of a search warrant issued by the Environmental Court or Environmental Magistrate, search at any reasonable time, any land, building, premises, vehicle or vessel or other place where or in which. there are reasonable grounds to believe that an offence under this Act has been, or is being, committed; (h) take samples of any materials, products, articles or substances or of the effluent, wastes or air pollutants being discharged or emitted or of air, water or land in the vicinity of the discharge or emission; (i) arrange for test and analysis of the samples at a certified laboratory; (j) confiscate any article used in the commission of the offence where the offender is not known or cannot be found within a reasonable time: Provided that the power under clauses (f), (h), (I) and (j) shall be exercised in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898). or the rules made under this Act and under the direction of the Environmental Court or Environmental Magistrate; and (k) establish a National Environmental Co-ordination Committee comprising the Director-General as its chairman and the Director Generals of the Provincial Environmental Protection Agencies and such other persons as the Federal Government may appoint as its members to exercise such powers and perform such functions as may be delegated or assigned to it by the Federal Government for carrying out the purposes of
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this Act and for ensuring inter provincial co-ordination in environmental policies. 8. Establishment, powers and functions of the Provincial Environmental Protection Agencies.(1) Every Provincial Government shall, by notification in the official Gazette, establish an Environmental Protection Agency, to exercise such powers and perform such functions as may be delegated to it by the Provincial Government under sub-section (2) of section 26. (2) The Provincial Agency shall be headed by a Director-General who shall be appointed by the Provincial Government on such terms and conditions as it may determine. (3) The Provincial Agency shall have such administrative, technical and legal staff as the Provincial Government may specify, to be appointed in accordance with such procedure as may be prescribed. (4) The powers and functions of the Provincial Agency shall be exercised and performed by the DirectorGeneral. (5) The Director General may, by general or special order, delegate any of the powers and functions to staff appointed under sub-section (3). (6) For assistance of the Provincial Agency in the discharge of its functions, the Provincial Government shall establish Sectoral Advisory Committees for various sectors and appoint members from amongst eminent representatives of the relevant sector, educational institutions, research institutes and nongovernmental organizations. 9. Establishment of the Provincial Sustainable Development Funds. (1) There shall be established in each Province a Sustainable Development Fund. (2) The Provincial Sustainable Development Fund shall be derived from the following sources, namely: (a) grants made or loans advanced by the Federal Government or the Provincial Governments; (b) aid and assistance, grants, advances, donations and other non-obligatory funds received from foreign governments, national or international agencies, and nongovernmental organizations; and (c) contributions from private organizations and other persons. (3) The Provincial Sustainable Development Fund shall be utilized in accordance with such procedure as may be prescribed for (a) providing financial assistance to the projects designed for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, the sustainable development of resources and for research in any aspect of environment; and (b) any other purpose which in the opinion of the Board shall help achieve environmental objectives and the purposes of this Act. 10. Management of the Provincial Sustainable Development Fund.(1) The Provincial Sustainable Development Fund shall be managed by a Board known as the Provincial Sustainable Development Fund Board consisting of
(i) Chairman, Planning and Development Board/Additional Chief Secretary Planning and Development Department .... (ii) such officers of the Provincial Governments, not exceeding six, as the Provincial Government may appoint including Secretaries incharge of the Finance, Industries and Environment Departments .... (iii) such non-official persons not exceeding ten as the Provincial Government may appoint including representatives of the Provincial Chamber of Commerce and Industry, non governmental organizations, and major donors. .... (iv) Director-General of the Provincial Agency
Chairperson Members
Members
Member/Secretary
(2) In accordance with such procedure and such criteria as may be prescribed, the Board shall have the power to (a) sanction financial assistance for eligible projects; (b) invest moneys held in the Provincial Sustainable Development Fund in such profit bearing
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Government bonds, savings schemes and securities as it may deem suitable; and (c) take such measures and exercise such powers as may be necessary for utilization of the Provincial Sustainable Development Fund for the purposes specified in sub-section (3) of section 9. (3) The Board shall constitute committees of its members to undertake regular monitoring of projects financed from the Provincial Sustainable Development Fund and to submit progress reports to the Board which shall publish an Annual Report incorporating its annual audited accounts and performance evaluation based on the progress reports. 11. Prohibition of certain discharges or emissions.(1) Subject to the provisions of this Act and the rules and regulations no person shall discharge or emit or allow the discharge or emission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the National Environmental Quality Standards or, where applicable, the standards established under sub-clause (I) of clause (g) of sub-section (1) of section 6. (2) The Federal Government may levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub-section (1), to be calculated at such rate, and collected in accordance with such procedure as may be prescribed. (3) Any person who pays the pollution charge levied under sub-section (2) shall not be charged with an offence with respect to that contravention or failure. (4) The provisions of sub-section (3) shall not apply to projects which commenced industrial activity on or after the thirtieth day of June, 1994. 12. Initial environmental examination and environmental impact assessment.(1) No proponent of a project shall commence construction or operation unless he has filed with the Government Agency designated by Federal Environmental Protection Agency or Provincial Environmental Protection Agencies, as the case may be, or, where the project is likely to cause an adverse environmental effects an environmental impact assessment, and has obtained from the Government Agency approval in respect thereof. (2) The Government Agency shall subject to standards fixed by the Federal Environmental Protection Agency (a) review the initial environmental examination and accord its approval, or require submission of an environmental impact assessment by the proponent; or (b) review the environmental impact assessment and accord its approval subject to such conditions as it may deem fit to impose, require that the environmental impact assessment be re-submitted after such modifications as may be stipulated or reject the project as being contrary to environmental objectives. (3) Every review of an environmental impact assessment shall be carried out with public participation and no information will be disclosed during the course of such public participation which relates to (i) trade, manufacturing or business activities, processes or techniques of a proprietary nature, or financial, commercial, scientific or technical matters which the proponent has requested should remain confidential, unless for reasons to be recorded in writing, the Director General of the Federal Agency is of the opinion that the request for confidentiality is not well-founded or the public interest in the disclosure outweighs the possible prejudice to the competitive position of the project or its proponent; or (ii) international relations, national security or maintenance of law and order, except with the consent of the Federal Government; or (iii) matters covered by legal professional privilege. (4) The Government Agency shall communicate its approval or otherwise within a period of four months from the date the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules and regulations. (5) Subject to sub-section (4) the appropriate Government may in a particular case extend the aforementioned period of four months if the nature of the project so warrants. (6) The provisions of sub-sections (1), (2), (3), (4) and (5) shall apply to such categories of projects and in such manner as may be prescribed. (7) The Government Agency shall maintain separate registers for initial environmental examination and environmental impact assessment projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours and the disclosure of information in such registers shall be subject to the restrictions specified in subsection (3).
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1 Prohibition of import of hazardous waste.No person shall import hazardous waste into Pakistan and its territorial waters, Exclusive economic Zone and historic waters. 2 Handling of hazardous substances.Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose of, store, handle or import any hazardous substance except (a) under a licence issued by the Federal Agency and in such manner as may be prescribed; or (b) in accordance with the provisions of any other law for the time being in force, or of any international treaty, convention, protocol, code, standard, agreement or other instrument to which Pakistan is a party. 15. Regulation of motor vehicles.---(l) Subject to the provisions of this Act, and the rules and regulations, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the National Environmental Quality Standards, or where applicable the standards established under clause (g) of sub-section (I) of section 6. (2) For ensuring compliance with the standards mentioned in sub-section (1), the Federal Agency may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be prescribed. (3) Where a direction has been issued by the Government Agency under subsection (2) in respect of any motor vehicles or class of motor vehicles, no person shall operate any such vehicle till such direction has been complied with. 16. Environmental protection order.---(1) Where the Federal Agency or a Provincial Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or the handling of hazardous substances, or any other act or omission is likely to occur, or is occurring, or has occurred, in violation of the provisions of this Act, rules or regulations or of the conditions of a licence, and is likely to cause, or is causing or has caused an adverse environmental effect, the Federal Agency or, as the case may be, the Provincial Agency may, after giving the person responsible for such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order direct such person to take such measures that the Federal Agency or Provincial Agency may consider necessary within such period as may be specified in the order. (2) In particular and without prejudice to the generality of the foregoing power, such measures may include (a) immediate stoppage, preventing, lessening or controlling the discharge, emission, disposal, handling, act or omission, or to minimize or remedy the adverse environmental effect; (b) installation, replacement or alteration of any equipment or thing to eliminate, control or abate on a permanent or temporary basis, such discharge, emission, disposal, handling, act or omission; (c) action to remove or otherwise dispose of the effluent, waste, air pollutant, noise, or hazardous substances; and (d) action to restore the environment to the condition existing prior to such discharge, disposal, handling, act or omission, or as close to such condition as may be reasonable in the circumstances, to the satisfaction of the Federal Agency or, Provincial Agency. (3) Where the person, to whom directions under sub-section (1) are given, does not comply therewith, the Federal Agency or Provincial Agency may, in addition to the proceedings initiated against him under this Act, the rules and regulations, itself take or cause to be taken such measures specified in the order as it may deem necessary and may recover the reasonable costs of taking such measures from such person as arrears of land revenue. 17. Penalties.(1) Whoever contravenes or fails to comply with the provisions of sections 11, 12, 13 or section 16 or any order issued thereunder shall be punishable with fine which may extend to one million rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to one hundred thousand rupees for every day during which such contravention or failure continues: Provided that if contravention of the provisions of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under sub-section (2) only. (2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule or regulation or conditions of any licence, any order or direction, issued by the Council or the Federal Agency or Provincial Agency, shall be punishable with fine which may extend to one hundred thousand rupees, and in case of continuing contravention or failure with an additional fine which extend to one thousand rupees for every day during which such contravention continues. (3) Where an accused has been convicted of an offence under sub-sections (1) and (2), the Environmental Court and Environmental Magistrate, as the case may be, shall, in passing sentence, take into account the
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extent and duration of the contravention or failure constituting the offence and the attendant circumstances. (4) Where an accused has been convicted of an offence under sub-section (1) and the Environmental Court is satisfied that as a result of the commission of the offence monetary benefits have accrued to the offender, the Environmental Court may order the offender to pay, in addition to the fines under sub-section (1), further additional fine commensurate with the amount of the monetary benefits. (5) Where a person convicted under sub-sections (1) or sub-section (2) had been previously convicted for any contravention under this Act, the Environmental Court or, as the case may be, Environmental Magistrate may, in addition to the punishment awarded thereunder (a) endorse a copy of the order of conviction to the concerned trade or industrial association, if any, or the concerned Provincial Chamber of Commerce and Industry or the Federation of Pakistan Chambers of Commerce and Industry; (b) sentence him to imprisonment for a term which may extend to two years; (c) order the closure of the factory; (d) order confiscation of the factory, machinery, and equipment, vehicle, material or substance, record or document or other object used or involved in contravention of the provisions of the Act: Provided that for a period of three years from the date of commencement of this Act the sentence of imprisonment shall be passed only in respect of persons who have been previously convicted for more than once for any contravention of sections 11, 13, 14 or 16 involving hazardous waste; (e) order such person to restore the environment at his own cost, to the conditions existing prior to such contravention or as close to such conditions as may be reasonable in the circumstances to the satisfaction of the Federal Agency or, as the case may be, Provincial Agency; and (f) order that such sum be paid to any person as compensation for any loss, bodily injury, damage to his health or property suffered by such contravention. (6) The Director-General of the Federal Agency or of a Provincial Agency or an officer generally or specially authorized by him in this behalf may, on the application of the accused compound an offence under this Act with the permission of the Environmental Tribunals or Environmental Magistrate in accordance with such procedure as may be prescribed. (7) Where the Director-General of the Federal Agency or of a Provincial Agency is of the opinion that a person has contravened any provision of Act he may, subject to the rules, by notice in writing to that person require him to pay to the Federal Agency or, as the case may be, Provincial Agency an administrative penalty in the amount set out in the notice for each day the contravention continues; and a person who pays an administrative penalty for a contravention shall not be charged under this Act with an offence in respect of such contravention. (8) The provisions of sub-sections (6) and (7) shall not apply to a person who has been previously convicted of offence or who has compounded an offence under this Act who has paid an administrative penalty for a contravention of any provision of this Act. 18. Offences by bodies corporate. Where any contravention of this Act has been committed by a body corporate, and it is proved that such offence has been committed with the consent or connivance of, or is attributed to any negligence on the part of, any director, partner, manager, secretary or other Officer of the body corporate, such director, partner, manager, secretary or other officer of the body corporate, shall be deemed guilty of such contravention along with the body corporate and shall be punished accordingly: Provided that in the case of a company as defined under the Companies Ordinance, 1984 (XLVII of 1984), only the Chief Executive as defined in the said Ordinance shall be liable under this section. Explanation. For the purposes of this section, "body corporate" includes a firm, association of persons and a society registered under the Societies Registration Act, 1860 (XXI of 1860), or under the Co-operative Societies Act, 1925 (VII of 1925). 1 Offences by Government Agencies, local authorities or local councils.Where any contravention of this Act has been committed by any Government Agency, local authority or local council, and it is proved that such contravention has been committed with the consent or connivance of, or is attributable to any negligence on the part of, the Head or any other officer of the Government Agency, local authority or local council, such Head or other officer shall also be deemed guilty of such contravention along with the Government Agency, local authority or local council and shall be liable to be proceeded against and punished accordingly. 2 Environmental Tribunals.(1) The Federal Government may, by notification in the official gazette, establish as many Environmental Tribunals as it consider necessary and, where it establishes more than one Environmental Tribunals, it shall specify territorial limits within which, or the class of cases in respect of which, each one of them shall exercise jurisdiction under this Act.
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(2) An Environmental Tribunal shall consist of a Chairperson who is, or has been, or is qualified for appointment as, a judge of the High Court to be appointed after consultation with the Chief Justice of the High Court and two members to be appointed by the Federal Government of which at least one shall be a technical member with suitable professional qualifications and experience; in the environmental field as may be prescribed. . (3) For every sitting of the Environ mental Tribunal, the presence of the Chairperson and not less than one Member shall be necessary. (4) A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the majority of its members, including ;the Chairperson, or if the case has been decided by the Chairperson and only one of the members and a there is a difference of opinion between them, the ;decision of the Environmental Tribunal shall be expressed in terms of the opinion of the Chairperson. (5) An environmental Tribunal shall not, merely be reason of a change in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already ;recorded by, or produced, before it. (6) An Environmental Tribunal may hold its sittings at such places within its territorial jurisdiction as the Chairperson may decide. (7) No act or proceeding of an Environmental Tribunal shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution, of, the Environmental Tribunal. (8) The terms and conditions of service of the Chairperson and members of the Environmental Tribunal shall be such as may be prescribed. 21. Jurisdiction and powers of Environmental Tribunals.(1) An Environmental Tribunal shall exercise such powers and perform such functions as are, or may be, conferred upon or assigned to it by or under this Act or the rules and regulations made thereunder. (2) All contravention punishable under sub-section (1) of section 17 shall exclusively be triable by an Environmental Tribunal. (3) An Environmental Tribunal shall not take cognizance of any offence triable under sub-section (2) except on a complaint in writing by(a) the Federal Agency or any Government Agency or local council; and (b) any aggrieved person, who has given notice of not less than thirty days to the Federal Agency, or the Provincial Agency concerned, of the alleged contravention and of his intention to make a complaint to the Environment Tribunal. (4) In exercise of its criminal jurisdiction, the Environmental Tribunals shall have the same powers as are vested in Court of Session under the Code of Criminal Procedure, 1898 (Act V of 1898). (5) In exercise of the appellate jurisdiction under section 22 the Environmental Tribunals shall have the same powers and shall follow the same procedure as an appellate court in the Code of Civil Procedure, 1908 (Act V of 1908). (6) In all matters with respect to which no procedure has been provided for in this Act, the Environmental Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908). (7) An Environmental Tribunal may, on application filed by any officer duly authorized in this behalf by the Director-General of the Federal Agency or of Provincial Agency, issue bailable warrant for the arrest of any person against whom reasonable suspicion exist, of his having been involved in contravention punishable under sub-section (1) of Section 17: Provided that such warrant shall be applied for, issued, and executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898): Provided further that if the person arrested executes a bond with sufficient sureties in accordance with the endorsement on the warrant he shall be released from custody, failing which he shall be taken or sent without delay to the officer in-charge of the nearest police station. (8) All proceedings before the Environmental Tribunal shall be deemed to be judicial proceedings within the meaning of section 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the Environ mental Tribunal shall be deemed to be a court for the purpose of section 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). (9) No court other than an Environmental Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of an Environmental Tribunal extends under this Act, the rules and regulations made thereunder. (10) Where the Environmental Tribunal is satisfied that a complaint made to it under sub-section (3) is false and vexatious to the knowledge of the complainant, it may, by an order, direct the complainant to pay to the person complained against such compensatory costs which may extend to one hundred thousand rupees.
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22. Appeals to the Environmental Tribunal.(1) Any person aggrieved by any order or direction of the Federal Agency or any Provincial Agency under any provision of this Act, and rules or regulations may prefer an appeal with the Environmental Tribunal within thirty days of the date of communication of the impugned order or direction to such person. (2) An appeal to the Environmental Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed. 23. Appeals from orders of the Environmental Tribunal.---(l) Any person aggrieved by any final order or by any sentence of the Environmental Tribunal passed under this Act may, within thirty days of communication of such order or sentence, prefer an appeal to the High Court. (2) An appeal under sub-section (l) shall be heard by a Bench of not less than two Judges. 24. Jurisdiction of Environmental Magistrates.(l) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law for the time being in force, but subject to the provisions of this Act, all contravention punishable under sub-section (2) of section 17 shall exclusively be triable by a judicial Magistrate of the first class as Environmental Magistrate especially empowered in this behalf by the High Court. (2) An Environmental Magistrate shall be competent to impose any punishment specified in sub-sections (2) and (4) of section 17. (3) An Environmental Magistrate shall not take cognizance of an offence triable under sub-section (I) except on a complaint in writing by (a) the Federal Agency, Provincial Agency, or Government Agency or a local council; and (b) any aggrieved person. 1 2 Appeals from orders of Environmental Magistrates.Any person convicted of any contravention of this Act or the rules or regulations by an Environmental Magistrate may, within thirty days from the date of his conviction, appeal to the Court of Sessions whose decision thereon shall be final. Power to delegate.(1) The Federal Government may, by notification in the official Gazette, delegate any of its or of the Federal Agency's powers and functions under this Act and the rules and regulations to any Provincial Government, any Government Agency, local council or local authority.
(2) The Provincial Government may, by notification in the official Gazette, delegate any of its or of the Provincial Agency's powers or functions under this Act and the rules and regulations to any Government Agency of such Provincial Government or any local council or local authority in the Province. 27. Power to give directions.In the performance of their functions under this Act (a) the Federal Agency and Provincial Agencies shall be bound by the directions given to them in writing by the Federal Government; and (b) a Provincial Agency shall be bound by the directions given to it in writing by the Provincial Government. 1 Indemnity.No suit, prosecution or other legal proceedings shall lie against the Federal or Provincial Governments, the Council, the Federal Agency or Provincial Agencies, the Director-Generals of the Federal Agency and the Provincial Agency, members, officers, employees, experts, advisers, committees or consultants of the Federal or Provincial Agencies or the Environmental Tribunal or Environmental Magistrates or any other person for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. Dues recoverable as arrears of land revenue.Any dues recoverable by the Federal Agency or Provincial Agency under this Act, or the rules or regulations shall be recoverable as arrears of land revenue. Act to override other laws.The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Power to make rules.The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act including rules for implementing the provisions of the international environmental Agreements, specified in the Schedule to this Act. Power to amend the Schedule.__The Federal Government may, by notification in the official Gazette, amend the Schedule so as to add any entry or modify or omit any entry therein. Power to make regulations.---(1) For carrying out the purposes of this Act, the Federal Agency may, by notification in the official Gazette and with the approval of the Federal Government, make regulations not inconsistent with the provisions of this Act or the rules made thereunder.
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(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for (a) submission of periodical reports, data or information by any Government agency, local authority or local council in respect of environmental matters; (b) preparation of emergency contingency plans for coping with environmental hazards and pollution caused by accidents, natural disasters and calamities; (c) appointment of officers, advisers, experts, consultants and employees; (d) levy of fees, rates and charges in respect of services rendered, actions taken and schemes implemented; (e) monitoring and measurement of discharges and emissions; (f) categorization of projects to which, and the manner in which, section 12 applies; (g) laying down of guidelines for preparation of initial environmental examination and environmental impact assessment and Development of procedures for their filing, review and approval; (h) providing procedures for handling hazardous substances; and (i) installation of devices in, use of fuels by, and maintenance and testing of motor vehicles for control of air and noise pollution. 34. Repeal, savings and succession.(1) The Pakistan Environmental Protection Ordinance 1983 (XXXVII of 1983) is hereby repealed. (2) Notwithstanding the repeal of the Pakistan Environmental Protection Ordinance, l983 (XXVII of 1983), any rules or regulations or appointments made, orders passed, notifications issued, powers delegated, contracts entered into, proceedings commenced, rights acquired liabilities incurred, penalties, rates, fees or charges levied, things done or action taken under any provisions of that Ordinance shall, so far as they are not inconsistent with the provisions of this Act be deemed to have been made, passed, issued, delegated, entered into, commenced, acquired, incurred, levied, done or taken under this Act. (3) On the establishment of the Federal Agency and Provincial Agencies under this Act, all properties, assets and liabilities pertaining to the Federal Agency and Provincial Agencies established under that Ordinance shall vest in and be the properties, assets and liabilities, as the case may be, of the Federal Agency and Provincial Agency established under this Act. SCHEDULE (See section 31) International Plant Protection Convention, Rome, 1951. Plant Protection Agreement for the South-East Asia and Pacific Region (as amended), Rome, 1956. Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia (as amended), Rome, 1963. Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar, 1971 and its amending Protocol, Paris, 1982. Convention Concerning the Protection of World Cultural and Natural Heritage (World Heritage Convention), 1972. Convention on International Trade in Endangered Species of Wild Funa and Flora (CITES), Washington, 1973. Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 1979. Convention on the Law of the Sea, Montego Bay, 1982. Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985. Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 1987 and amendments thereto. Agreement on the Network of Agriculture Centres in Asia and the Pacific, Bangkok, 1988. Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, Basel, 1989. Convention on Biological Diversity, Rio de Janeiro, 1992. United Nations Framework Convention on Climate Change, Rio De Janeiro, 1992.
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ANNEXURE-IV
The Gazette
of Pakistan
EXTRAORDINARY PUBLISHED BY AUTHORITY ============================================ ================== ISLAMABAD, ___________________ 2008 ============================================ =================== PART-II Statutory Notifications (S.R.O) GOVERNMENT OF PAKISTAN MINISTRY OF ENVIRONMENT NOTIFICATION Islamabad, the __________________, 2008 S.R.O.__________________. In exercise of the powers conferred under clause (c) of sub-section (1) of section 6 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the Pakistan Environmental Protection Agency, in anticipation of approval of the Pakistan Environmental Protection Council, is pleased to direct that the following further amendments shall be made in its Notification No. S.R.O.742 (I)/93, dated the 24 August, 1993, namely: ____
th
In the aforesaid Notification, in paragraph 2._____ (1) Annex-III shall be replaced with the following Annex-III (amended):Annex-III (Amended) NATIONAL ENVIRONMENTAL QUALITY STANDARDS FOR MOTOR VEHICLE EXHAUST AND NOISE (i) For In use Vehicles
S. No. 1. 1. 2. Parameter 2. Smoke Carbon Monoxide Standards (maximum permissible limit) 3. 40% or 2 on the Ringlemann Scale during engine acceleration mode. 6% Measuring method 4. To be compared with Ringlemann Chart at a distance of 6 meters or more. Under idling conditions: Non-dispersive infrared detection Applicability 5. Immediate effect
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Noise
85 db (A).
through gas analyzer. Sound meter at 7.5 meters from the source.
(ii). For New Vehicles EMISSION STANDARDS FOR DIESEL VEHICLES (a). For Passenger Cars and Light Commercial Vehicles (g/Km)
(b). For Heavy Duty Diesel Engines and Large Goods Vehicles (g/Kwh)
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Explanations:
DI: IDI: EUDCL: NEDC: ECE: M: N: * ** Direct Injection. Indirect Injection. Extra Urban Driving Cycle. New European Driving Cycle. Urban Driving Cycle. Vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the drivers seat. Motor vehicles with at least four wheels designed and constructed for the carriage of goods. New model means both model and engine type change. The existing models of petrol driven vehicles locally manufactured will immediately switch over to Euro-II emission standards but not later than 30th June, 2012.
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