Institutional Analysis of Air Quality Management in Urban Pakistan Draft Report 30 June 2009 Contents A. Page No. NATIONAL LEVEL 1. Overview of political and socio-economic context a. Key Environmental Issues b. Limitations and Constraints 2. Trends in air quality and link to health a. b. c. d. e. f. g. h. i. Air Quality Data Impacts of Air Pollution Health Impact of Vehicular Traffic Establishment of Environmental Monitoring System in Pakistan Interventions Air Emissions: Mitigation Measures Emission Requirements Management of Mobile Sources Role / Impact of VETS in Peshawar 3. Environmental institutions in Pakistan a. b. c. d. e. f. g. h. i. Institutional Strengthening Delegation of Power of Line Ministries, Provinces and Local Government Establishment of Environmental Tribunals Organization and Re-structuring Certification of Environmental Laboratory Establishment of sustainable development board/fund Guidelines for oversight of delegated environmental Authorities Constraints Recommendations 4. Sectoral policies in AQM a. Policy Goals b. Legal and policy framework: the basis of institutional design and direction c. Municipal Solid Waste Disposal i. Solid Waste Management in Pakistan ii. Urbanization Pattern iii. Growth in Solid Waste Generation d. Industrial Policy, Industrial Growth and the Environment e. National Energy Policy f. Policy Interventions in Energy Sector 5. Environment and the judiciary a. b. c. d. e. f. The Constitution of Pakistan. 1973 (the ‘Constitution’) Supreme and High Courts: Establishing the right to a clean environment Establishment of Environmental Tribunals Under Section 20 & 24 Other Relevant Laws Environmental Jurisdiction Pakistan Environmental Protection Ordinance. 1983 (the '1983 Ordinance') g. Pakistan Environmental Protection Act. 1997 (the '1997 Act') 1 2 3 4 8 9 9 11 13 13 14 14 16 16 17 18 18 19 19 19 19 20 20 21 22 22 23 23 23 23 24 25 26 26 26 26 27 27 27 28 28 6. Analysis of main laws and regulatory framework a. b. c. d. e. f. g. h. i. j. k. US Clean Air Act Establishing Guidelines for Delegated Authorities Oversight of Environmental Clearances Creating Partnerships for Clean Air Mainstreaming and Upstreaming Strengthening Capacity for Effective Environmental Impact Assessments Reinforcing Incentives and Accountability Public Consultation and Disclosure of EIAs Public Information to Support Clean Air Empowering Civil Society Cross-Sectoral Issues 7. Things to be done (GAPS) a. b. c. d. e. Developing Health-Based Air Quality Standards Vehicle Emission and Fuel Quality Standards Building Capacity for Environmental Management Strengthening Capacity for Effective Environmental Impact Assessments Improving Technical Capacity for Air Quality Management 30 31 32 32 32 32 32 32 33 33 33 33 33 33 34 34 34 8. National level agencies mandated to address urban air quality 35 9. Inter-Sectoral coordination 36 10. National programs to support local governments 39 a. b. c. d. e. f. Pakistan Clean Air Program Pakistan Clean Air Network (PCAN) Role of Industry in AQM Financing of Air Quality Management Programs Support from International Agencies Local Government Finances 11. Transport of air pollutants across border and its likely impacts on local air quality a. b. c. d. e. f. g. B: 29 Integration of monitoring data on a sub-regional basis Analysis and refinement of national emission inventories Strengthening of regional modeling capabilities Strategies to minimize air pollution Studies on the impact assessment Policy issues Male declaration on control & prevention of air pollution & its likely transboundary effects 39 39 40 40 41 41 42 43 43 43 43 44 44 44 CITY LEVELS 1. Overview of air quality in the selected city a. b. c. d. e. f. Lahore Quetta Peshawar Karachi Issues and Constraints Choices Available to Cities 45 45 45 45 46 46 47 2. Local government structures and functions a. District Administration b. City District Administration 48 48 3. Cities focus ob AQM 48 4. Planning and budgeting process 50 a. b. c. d. e. Karachi Development Program Punjab Large Cities Development Program Balochistan Recommendations for AQM Funding at City Level Recommended Strategy 50 50 50 51 51 5. Flow of funding between center and cities 51 6. Involvement of local government 52 a. Using the Courts more Objectively b. Some of the steps taken in the implementation of NAAQS are as follows c. Challenges and Recommendations 7. Public participation and access to information a. Environmental protection – a common responsibility b. State of environment reporting in Pakistan c. Public hearing mechanism 8. Compliance incentives, monitoring and enforcement of city laws and bylaws a. b. c. d. e. National Environmental Action Plan (NEAP) Poverty and Environment Nexus Promoting Private Sector Involvement Guidelines for Tameer-e-Punjab Programme (TPP) Analysis of Stakeholders 9. Role of citizen’s and NGOs in AQM a. b. b. c. d. C. 47 NGOs Participation Shehri-CBE Mandate WWF Pakistan IUCN Pakistan Constraints of NGOs 53 53 54 55 56 56 56 57 58 58 58 58 59 61 61 61 61 61 61 CONCLUSIONS AND RECOMMENDATIONS 1. RECOMMENDATIONS a. b. c. d. e. f. g. h. i. Capacity Building of AQM Sector Compliance to NEQS Emission Inventory Coordination among different levels of government Exchange of Information on Air Quality and AQM Initiatives Collective Knowledge Base Potential Priority Areas Impact Assessment of Air Pollution Roll-out of AQM to more cities 63 63 63 63 64 64 64 64 65 65 j. k. l. m. n. Pollutants of concern PM, VOCs, Ozone and heavy metals Prevention of Pollution Integration of Local AQM with Trans-boundary AQM Funding Comprehensive Approach to AQM D. References E. Annexure F. G. 65 65 65 65 66 67 Annexure-I: National Environmental Quality Standards for Ambient Air (Proposed) 68 Annexure-II: Terms of Reference 73 Annexure-III: Environmental Protection Act 1997 77 Annexure-IV: National Environmental Quality Standards for Motor Vehicle Exhaust and Noise 90 List of Figures Figure-1: Vehicular emissions a key contributor to bad air quality 4 Figure-2: Structural setup of Pak-EPA 16 Figure-3: Fires in Northwest India captured by Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA’s Terra satellite this image of the region. An especially thick band of haze appears near the IndiaPakistan border 42 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 43 Figure-5: Member countries of Male Declaration 44 Figure-6: CNG Driven Vehicles in Pakistan 54 Figure-7: Traffic police officials penalizing smoke emitting vehicle operators. 57 List of Tables Table-1: Growth in the Manufacturing of Vehicles in Year 2006-07 4 Table-2: Motor Vehicles on Road (000 Number) 5 Table-3: Ambient Air Quality Daily Mean Value (9th May, 2007) th 7 Table-4: Ambient Air Quality Daily Mean Value (20 September, 2007) 7 Table-5: Annual Cost of Urban Air Pollution Health Impacts (Billion Rs.) 8 Table-6: Number of Total Registered Vehicles in Pakistan 9 Table-7: Estimated annual health effects of indoor air pollution exposures in India 11 Table-8: Summary of Equipment Design 12 Table-9: Personnel Requirements for Air Monitoring 12 Table-10: Responsibilities of line ministries, provinces and cities 20 Table-11: Waste Profile of Major Cites in Pakistan 23 Table-12: Comparison of Various Ambient Air Pollution Guidelines 31 Table-13: Agencies responsible for Implementation of Main Gaps 34 Table-14: Responsibilities of Environmental Protection Enforcing Agencies 35 Table-15: Goals, Performance Indicators and Responsible Ministries/ Departments 37 Table-16: Municipal Income and Expenditures (in million Rupees) 41 Table-17: Environmental Responsibilities of District Governments 53 Table-18: Issues identified through stakeholder consultations 60 Table-19: National Environmental Quality Standards for Municipal and Liquid Industrial Effluents (mg/L, Unless Otherwise Defined) 68 Table-20: National Environmental Quality Standards for Industrial Gaseous Emissions (mg/Nm3, Unless Otherwise Defined) Table-21: Sulphur Dioxide Levels 70 71 Table-22: National Environmental Quality Standards for Motor Vehicle Exhaust & Noise 71 Table-23: National Environmental Quality Standards for Ambient Air (Proposed) 72 List of Acronyms AAQS Ambient Air Quality Standards APO Adverse Pregnancy Outcomes AQM Air Quality Management AQMS Air Quality Monitoring System ARI Acute Respiratory Infection; CAA Civil Aviation Authority CDGK City District Government of Karachi CLEAN Central Laboratory for Environmental Monitoring and Networking CMD Central Business District CO Carbon Mono Oxide CO2 Carbon-di-Oxide COPD Chronic Obstructive Pulmonary Disease DALY Disability-Adjusted Life-Year; dB Decibel EIA Environmental Impact Assessment EPA Environmental Protection Agency EPO Environment Protection Order EPRC Environment Protection Resource Centre GBD Global Burden of Disease GDP Gross Domestic Product GHG Green House Gases GoP Government of Pakistan GIS Geographical Information System GoS Government of Sindh HBG Haemoglobin HC Hydro Carbon HDIP Hydro Carbon Development Institute of Pakistan HSD High Speed Diesel IAP Indoor Air Pollution IC Improved Biomass Cookstove; I/M Inspection & Maintenance IHD Ischemic Heart Disease; JICA Japan International Cooperation Agency KESC Karachi Electric Supply Corporation KTC Karachi Transport Corporation LCAC Lahore Clean Air Commission LDC Less-Developed Country; LPG Liquefied Petroleum Gas MCHC Mean Corpuscular Haemoglobin Concentration MCH Mean Corpuscular Haemoglobin MCV Mean Corpuscular Volume MDC more-developed country; MPV Mean Platelet Volume MSW µg/m 3 Management Services Wing Microgram Per Cubic Meter NBD National Burden of Disease; NCS National Conservation Strategy NEAP National Environmental Action Plan NECP National Energy Conservation Policy NEQS National Environmental Quality Standards NGO Non-Governmental Organizations NOx Oxides of Nitrogen NRTC National Road Transport Corporation NTRC National Transport Research Cell O3 Ozone OCAC Oil Committee Advisory Committee OPD Outdoor Patient OR Odds Ratio PAPA Public Health and Air Pollution in Asia PCAN Pakistan Clean Air Network PCAP Pakistan Clean Air Program PEPA Provincial Environmental Protection Agencies PEPC Pakistan Environmental Protection Council PM Particulate Matter ppb Parts Per Billion ppm Parts Per Million RCD Regional Cooperation for Development RFP Request for Proposal RON Research Octane Number RPM Revolutions per Minute RSP Respirable Suspended Particulates SDPI Sustainable Development Policy Institute SEPA Sindh Environmental Protection Agency SIPs State Implementation Plans SUPARCO Pakistan Space & Upper Atmosphere Research Commission SO2 Sulphur-di-Oxide SOP Standard Operating Procedures SoW Scope of Work SPM Suspended Particulate Matter TAL Technical Assistance Loan TB Tuberculosis TCD Transport & Communication Department TMA Transport Management Authority TOR Term of Reference ToE Tones of Oil Equivalent UNDP United Nations Development Program UTS Urban Transport Scheme UV Ultra Violet VETZ Vehicle Emission Testing System VOCs Volatile Organic Compounds WAPDA Water & Power Development Authority WB World Bank WBC White Blood Cell (leukocytes) WHO World Health Organization YLL Years of Lost Life SECTION A: NATIONAL LEVEL 1. OVERVIEW OF POLITICAL AND SOCIO-ECONOMIC CONTEXT 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. a. Key Environmental Issues 6. Air pollution is on the rise, especially in urban areas. The surveys conducted by Pakistan Environmental Protection Agency revealed presence of very high levels of total suspended particulate matter and PM2.5 about 2-3 times higher than the US-EPA guidelines . 'Smog' also seriously affects almost entire Punjab during December and January every year . 7. It is a mere fact that environmental degradation eventually translates into socio-economic problems which retard development and growth. There is a need to address environmental issues through policies and institutional reforms that create the right incentives for administrators to effectively enforce policies, and for polluters to comply with regulations. In the short term this may increase costs and utilize public funds that could be spent on other development concerns. For instance, controlling emissions could raise production costs, and protecting rangelands could utilize scarce public funds. These costs need to be balanced against the benefits of reducing environmental risks - lower pollution brings health benefits and protecting the rangelands increases the resilience and earning capacity of pastures. This calls for regulations and incentive structures that balance benefits and costs, and maximize the sustainability and growth potential of the economy. 8. In Pakistan, the environment-poverty nexus manifests itself most particularly in health effects. The degradation of natural resources has also had a devastating impact on the poor, given that they tend to be strongly dependent on the exploitation of such resources. 9. Building capacity within the Government is crucial for effective monitoring and enforcement of infringements of environmental regulations pertaining to air quality. As part of the devolution of administration to the district level, environmental management is also being decentralized, and both federal and provincial Governments need to support capacity building at the district level. Government’s initiatives in promotion of sustainable, energy efficient and environmentally sound development in road transport, energy and industrial sectors, and use of renewable energy resources could tremendously reduce air quality problem. 10. Ambient air pollution is an emerging environmental issue in major cities of Asia and has attracted attention from variety of corners. WB, USEPA and ADB have funded projects on Ambient Air Quality (AAQ) in Pakistan and recently CAI-Asia has been initiated with a proven direct impact on health & ecosystem of earth such as Public Health and Air Pollution in Asia (PAPA Program) supported by ADB, WB, US AID and Hewlett Foundation. Rapid growth of cities with minimum infrastructure in slum areas, improved economic situation increasing vehicle ownership and quest for development has made the country increasingly concerned for emissions of pollutants. According to a report > 7%  increase per annum of vehicular ownership and use been observed due to economic growth, rising incomes and urbanization over the last 8 years in Pakistan. The socio-economic situation in Pakistan has drastically changed due to globalization and political and economic changes in surrounding countries such as Afghanistan. An extensive review of the present development strategies for the transport sector is urgently required in order to reflect recent trends in the socioeconomic conditions. 11. Regarding air pollution, data is generally available about ambient air quality focusing on outdoor air such as concentrations of SOx, NOx, CO, PM10 and ozone, these key air pollutants being reported at selected urban locations only. As indoor air pollution (IAP) has not been recognized as a hazard as yet, data is very sparse and not available in Pakistan. Data regarding household energy use are comparatively better-documented than those on the effects of IAP on health. 12. In Pakistan, total energy consumption in the household sector grew about 74% from 9.46 million tones of oil equivalent (ToE) in 1980-81to 16.44 million TOE in 1994-95. Moreover, there occurred a shift in favor of greater use of commercial fuels in households; this increased from 10% to 27.5% over the same 15-year period. However, during 1994-95, the total energy consumption in the country showed a growth rate of 3.6% per annum which is not very high if population growth rate of almost 3% is taken into account. 13. A recent WB report estimated 3% of GDP as cost of Lead (Pb) & SPM related economic cost in Malaysia . It has been pointed out that urban air pollution (UAP) causes average annual damages to the economy in the range of US $ 369 million to the Pakistani exchequer and is ranked as 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 . 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)  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 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. b. Limitations and Constraints 15. Quest for growth (in terms of industry, power generation & transportation) plays a key role in the development process of a country but ultimately deteriorates surrounding environmental conditions. Cities have become major spots of concern that urgently require special attention for proper environmental and transport planning for better air quality management and pollution control solutions. AQM problems are not effective due to a variety of reasons:- (i) No understanding on AQMS by planners, implementers, no effective linkage amongst various players of integrated AQMS including EPAs, local governments, traffic police, academia, industries/chambers, Ministry of Petroleum and Natural Resources; Ministry of Industries & Production; Ministry of Health; Ministry of Housing & Works; Ministry of Science of Technology; Provincial Governments; Traffic Police; Children; Women; Citizen; etc.(ii) No priority on government’s part & supply of resources, (iii) Few continuous monitoring stations present in country – no complete clear picture of air pollution in various cities has emerged from these few monitoring facilities, some of them are out of operation due to nonavailability of spares and consumables. 2. TRENDS IN AIR QUALITY AND LINK TO HEALTH Figure-1: Vehicular emissions a key contributor to bad air quality 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  Type of Vehicle Percent increase Jeeps and Cars 3.0 Light Commercial Vehicles 17.04 Motorcycles / Scooters 12.30 Tractors 11.40 The detail of number of vehicles on road is given below: Table-2: Motor Vehicles on Road (000 Number)  Type of Vehicle Year 2000-01 Year 2006-07 Percent Change Motorcycle / Scooter Cars Jeep Wagon Tractor Buses Cabs Rickshaws D. Vans Trucks Pickups Ambulance Tankers (Oil) Tanker (Water) Others Total 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 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 8063.60 101 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 . 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 it’s 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  [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  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)  µg/m µg/m µg/m NonMethane Hydro Carbon ppb Islamabad Fixed Station 54.50 46.00 2332.20 757.10 1.07 17.50 47.20 Islamabad Mobile Station 15.90 32.20 1745.60 630.40 0.69 10.30 43.70 Karachi Fixed Station 1 10.10 30.80 1448.7 308.2 0.43 21.90 77.90 Karachi Fixed Station 2 17.50 43.70 1777.50 299.50 0.56 18.00 65.6 Lahore Fixed Station 1 48.80 83.60 2519.30 1138.40 1.91 41.60 91.80 Lahore Fixed Station 2 6.90 33.70 1833.8 317.3 0.63 21.50 57.5 Quetta Fixed Station 3.20 18.80 1317.9 1504.7 0.44 6.60 206.4 Peshawar Fixed Station 29.80 53.30 3015.20 1973.60 1.21 22.00 185.5 40 80 5 120 40 PM2.5 Station Nitrogen oxide 3 Draft PAAQS Nitrogen dioxide 3 Methane 3 Carbon mono oxide Sulphur-dioxide ppm µg/m µg/m 3 PM 2.5 3 Table-4: Ambient Air Quality Daily Mean Value (20th September, 2007)  Station NonMethane Hydro Carbon Carbon mono oxide Sulphur-dioxide µg/m ppb ppm µg/m µg/m 34.50 1706.90 194.80 0.79 2.00 30.60 8.20 26.80 1732.90 140.10 0.55 0.10 29.60 Karachi Fixed Station 1 12.60 21.80 2256.4 305.5 0.38 7.90 105.00 Karachi Fixed Station 2 19.40 28.90 3479.40 374.40 0.28 10.90 90 Lahore Fixed Station 1 6.80 50.40 1732.30 461.00 0.87 16.60 85.50 5.00 35.30 3453.1 358.2 1.05 46.50 99.6 20.50 42.20 2704.6 762.3 1.28 21.40 106.4 15.10 33.10 4447.30 625.40 1.03 34.90 79.4 40 80 5 120 40 Nitrogen oxide Nitrogen-dioxide 3 µg/m Islamabad Fixed Station 29.20 Islamabad Mobile Station µg/m Lahore Fixed Station 2 Quetta Fixed Station Peshawar Fixed Station Draft PAAQS 3 Methane 3 3 3 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 Bank’s 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.)  Health end-points Attributed Total Cases Total Annual Costs Premature mortality adults 21,791 58-61 Mortality children under 5 658 0.83 Chronic bronchitis 7,825 0.006 Hospital admissions 81,312 0.28 Emergency room visit/ Outpatient hospital visits 1,595,080 0.80 Restricted activity days 81,541,893 2.06 Lower respiratory illness in Children 4,924,148 0.84 706,808,732 0.00 Respiratory symptoms TOTAL 62-65 a. Air Quality Data 29. The limited air quality data available for Pakistani cities makes it quite difficult to provide a conclusive remark on the major pollutants of concern in Pakistan. However, several of these ad-hoc studies on air quality in Pakistani cities have shown that PM and Nitrogen oxides (NOx) are above the WHO guideline values. 30. Pakistan EPA, in cooperation with JICA, have reported in 2007 the above mentioned air quality data in Pakistan and assessed the ambient air quality in Islamabad, Karachi, Lahore, Quetta and Peshawar (Table-1&2). Air quality sampling was conducted using fixed stations that measured daily mean concentrations of air pollutants in May and September 2007. The concentrations of PM2.5, were found to have greatly exceeded the WHO guideline values in most of the cities (Table-1&2). The ambient concentrations of SO2, NOx, (NO, NO2) and Carbon monoxide (CO) were, on average, found to be within the limits in the WHO guidelines. Table-1 shows the daily mean values of PM2.5, SO2, CO, NOx, Methane and Non-methane. 31. Pakistan had high levels of lead in gasoline prior to its nationwide ban in 2002. Various studies conducted in Pakistani cities, such as Peshawar, Karachi, Islamabad, and Chakshahzad, in the 1990s showed high levels of lead in blood of students. In Karachi, 98% of the children studied had blood lead levels (BPbLs) of more than 20 µg/dl. The higher traffic activity in Karachi and exposure of the students were identified as the main reason for this difference. In the two schools where BPbLs were investigated in Karachi, the average was 38.2 +/- 7µg/dl and ranged from 10.4µg/dl to 52.2µg/dl, which was considerably higher than the acceptable 10 µg/dl BPbL. As expected, samples in Chakshahzad showed low levels and within safe limits—the average BPbL was 2.38µg/dl and ranged from 0.2µg/dl to 8.6µg/dl. BPbLs in Islamabad ranged from13µg/dl to 32µg/dl and averaged 22.8 +/- 3.3µg/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 (PM2.5). 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. b. Impacts of Air Pollution 33. The most recent study on the impacts of PM on health in Pakistan conducted by the Pakistan EPA and the World Bank showed that it causes 22,000 premature deaths in adults and 700 in children annually. The total health costs is estimated between Rs 62 billion to Rs 65 billion (about US$1.09 billion) or approximately 1% of the gross domestic product. In terms of annual Disability Adjusted Life Years (DALYs) lost, mortality accounted for an estimated 60%, followed by respiratory symptoms. The bulk of losses were due to adult premature mortality, which was consistent with evidence from other assessments that found adults to be more vulnerable to respiratory symptoms and in greater danger of lung cancer . In 2002, a medical study investigated the impact of environmental pollution on the health of nearly 1,000 traffic policemen. Results showed that about 80% of the traffic policemen had chronic ear-nose-throat (ENT) problems and 40% showed signs of lung problems (some of which developed into asthma and tuberculosis). Due to the nearly 10-hour job on the road amidst smoke and blowing horns, almost 90% showed symptoms of irritability and tension; 45% of the cases (ranging from 35 to 50 years of age) suffered from hypertension . The incidence of the so-called “winter fog” phenomenon in Pakistan, which is a cocktail of toxic gases and particulates, has contributed to economic losses, aggravating respiratory and cardiovascular diseases, as well as increased cardiac arrest rates. One study in 2002 estimated that approximately 16.28 million people— about 40% of the total urban population in Pakistan—are exposed to this “fog” and have health implications amounting to Rs 25.7 billion per year . c. Health Impact of Vehicular Traffic 34. The three principal anthropogenic sources of air pollution in Pakistan are vehicular emissions, industrial pollution, and the burning of municipal waste. Of these, mobile sources are the most significant and growing concern. In Pakistan, the number of vehicles has jumped from less than one million to about over five million within 20 years (Table-6). With more than a ten-fold increase, the fastest growth has been in two-stroke delivery vehicles, but the number of diesel trucks and buses has also increased to three times. International experience indicates that a major share of the emission load from motor vehicles can be attributed to diesel vehicles and large number of 2-stroke engines vehicles. Table-6: Number of Total Registered Vehicles in Pakistan  Year Motor Car Jeeps and Station Wagons Motor Cabs / taxis Buses / MiniBuses Trucks Motor Cycles (2-wheels) Motor Rickshaws Others Total 1998 1085969 83687 125929 132895 2068730 81777 724309 4303296 1999 1162876 83844 150108 145111 2175488 95345 746718 4559490 2000 1182307 83892 154401 148569 2260772 99376 772279 4701596 2001 1198918 90062 161507 155793 2283381 107555 786907 4784123 2002 1205926 90797 162215 164295 2382543 119058 822765 4947599 2003 1272348 90906 162556 175934 2422004 120515 833533 5077796 2004 1285918 91247 162957 178883 2444567 122448 846017 5132037 Year Motor Car Jeeps and Station Wagons Motor Cabs / taxis Buses / MiniBuses Trucks Motor Cycles (2-wheels) Motor Rickshaws Others Total 2005 1305207 92615 165401 181566 2481235 124285 858707 5209016 2006 1344657 95414 170401 184290 2556231 128041 871588 5287152 2007 1344657 95415 170401 187054 2556231 128041 884662 5366460 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) . 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 . 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 city’s 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 (Fe2+), methemoglobin (Fe3+) one that has had interaction with a pollutant such as CO or NOx cannot bind oxygen. Higher percentages of methemoglobin are caused by exposure to various chemicals including the gases like CO, NOx, 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. 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  Deaths, YLL, DALYs, Sickday Disease Thousands Millions millions Severity I. Strong evidence ARI* (880,000) 270–400 9.2–14 9.6–14 0.28 COPD† (60,000) 20–35 0.19–0.34 0.39–0.68 0.43 Lung cancer† (6,000) 0.42–0.79 0.0046–0.0086 0.0048–0.0090 0.15 II. Moderate evidence Blindness† (~0) ~0 ~0 0.064–0.13 0.5 TB† (250,000) 53–130 0.97–2.4 1.1–2.6 0.15 APO (560,000) ? ? ? Asthma (20,000) 3.6–9.0 0.046–0.12 0.27–0.68 0.15 III. Suggestive evidence IHD† (1,100,000) 54–200 0.49–1.8 0.55–2.1 0.32 Possible total (2,300,000) 400–780 11–18 12–20 Range used§: 400–550 11–16 12–17 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 . d. Establishment of Environmental Monitoring System in Pakistan 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 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 Air Quality Monitoring Equipment Automatic Fixed Air Monitoring Station Automatic Mobile Air Monitoring Station Stationary Source Monitoring Equipment, etc. AAS, Gas-chronograph, Ion chromatograph, BOD apparatus, Turbidity meter, etc. Laboratory Analytical Equipment Rem: Summary of Equipment  Equipment Number (EPAs) PJB NWFR 2 1 Pak 1 SND 2 1 1 1 0 0 1 1 1 1 1 1 1 1 1 1 PAK=Pak-EPA, SND=Sindh BAL= Baluchistan EPA EPA, PJB=Punjab Functions BAL 1 For automatic monitoring of CO, NOx, O3, SO2, THC, SPM, of air together with meteorological data The same functions as above. For the analysis of exhaust and dust of a factory For precise analysis and general analysis in laboratory 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 Mobile station Stack gas monitoring Total 1 1 1 3 Assistant - 3 2 5 Data analyst 2 - - 2 Electrician 2 - - 2 5 4 3 12 Chemist Total 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 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. f. Air Emissions from Stationary Sources: Mitigation Measures 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) the baseline review of air quality b) the cumulative air quality issues within a defined air-shed c) nearby land use sensitive to changes in air quality d) 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 . 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 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. h. Management of Mobile Sources 59. The existing vehicle emissions standards in Pakistan were notified in the 1993 National Environmental Quality Standards for Vehicle Exhaust and Noise. These set of standards were found to be no longer sufficient to tackle the increasing problem of emissions from motor vehicles in Pakistan because these only include parameters for smoke and CO, in addition, the standards were set for all modes of vehicles and did not delineate between light-duty and heavy-duty vehicles, and/or motorcycles. 60. The NEAP 2005 and the proposed PCAP mention a number of other actions to address emissions from motor vehicles, including new vehicle emissions standards and corresponding fuel quality standards for metro cities. The proposed measures by PCAP are mostly on tailpipe-oriented measures, but with some provisions for travel demand management and promotion of modal shift toward public transportation, and strengthened enforcement (Pakistan EPA/World Bank 2006). 61. The current gasoline specifications monitored in Pakistan are research octane number (RON) at 90, lead at zero levels, and sulfur content at 0.1% (or 1,000 ppm). For diesel, it is 1.0%, with the actual levels ranging from 5,000 ppm to 10,000 ppm of sulfur. Various steps to improve the specification of petroleum products have been taken since 2000. Unleaded gasoline, introduced in the country in July 2002, has been improved to 90 RON unleaded gasoline and is now produced and marketed since 2003. Several national refineries, such as Attock Refinery Ltd, are in the process of further reducing sulfur levels in diesel. 62. The Government has actively promoted the use of CNG to reduce the pressure on petroleum imports, to curb pollution, and to improve the environment. This is clearly stipulated in the country’s Petroleum Policy of 1997 (ADB 2004). As a result, Pakistan has become one of the world’s biggest CNG countries after Argentina. So far 2277 CNG stations are operating in the country and 6115 CNG station lincences has been issued by the Oil and Gas Regulatory Authority Pakistan (OGRA). About 1.55 million CNG vehicles are operating in the country which is 18 percent of the total number of the vehicles . Most of these vehicles are private cars. Public transport auto-rickshaws have been converted to either CNG or LPG. So far CNG stations are using locally produced natural gas and in view of greater consumption (specially in winter when it is also used for space heating), the installation of new stations have been restricted. To cope with the situation efforts are being made to enhance the productivity of natural gas as well as its import from Iran. With the given scenario, greater use of CNG in the vehicle will have better impact as far as AQM is concerned in urban areas. 63. In addition, local notifications have also been promulgated to limit or totally ban the operations of highly-polluting vehicles, such as the ban on old and poorly maintained city buses, and the ban on 2-stroke auto-rickshaws. Such notifications have been made in Lahore and Karachi banning 2-stroke auto rickshaws from operating in the city area. In Lahore, some roads have been closed for operations of 2-stroke rickshaws: the Mall Road was closed on 17 April 2006, Jail Road on 27 September 2006, and Main Boulevard (Gulberg) on 18 October 2006. In 2008, the Punjab Transport Department had banned the registration of two-stroke engine motorcycle rickshaws as public transport in Lahore, Gujranwala, Rawalpindi, Faisalabad and Multan. The two-stroke engine rickshaws would be sent to smaller cities so the owners can still make a living out of them. All above mentioned notification so far could not be implemented because of strong resistance shown by operators of these vehicles. However, government has started providing CNG based buses and autorickshaws on credit lease in major cities. 64. With the initiative of Federal Government, a comprehensive CNG Bus Project costing Rs.4.5 billion (US$ 56.3 million), is being implemented by City District Government of Karachi (CDGK). This important project and revival of Karachi Circular Railway with electric locomotives which would have long lasting impact on city environment. Several mega projects initiated by GoP in Transport Sector including Lyari Expressway and Northern Bypass which are nearly in completion stages. 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. i. Role / Impact of VETS in Peshawar  • • • • • • VETS have been working in Peshawar since 1997. Contribution to the National Exchequer: App. 2 Million Rupees. VETS Peshawar has saved amount of Rs 65 million through fuel consumption. VETS Peshawar has saved Rs 55 million in terms of health benefit. VETS has been able to save diesel and petrol worth Rs 42 million and 23 million respectively. VETS/EPA Budget allocation has been made to employ traffic wardens for assisting VETS staff. 3. ENVIRONMENTAL INSTITUTIONS IN PAKISTAN 67. The figure-2 gives an overview overall Governmental Structure and relations of accountability between Ministries, Provinces and Local Bodies in Pakistan. The red lines depict flow of resources whereas the black lines show flow of information and decision making processes. Figure-2: Structural setup of Pak-EPA 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 Responsibilities Ministry of Environment 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. Pak (Federal) EPA 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: ¾ Initial Environmental Examination and Environmental Impact Assessment ¾ Prohibition of Import of Hazardous Waste ¾ Regulation of Motor Vehicle ¾ 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 EPA’s 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. b. Delegation of Power of Line Ministries, Provinces and Local Government 74. The Federal Government by notification in the official Gazette, delegate 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. 75. As per Environmental Act 1997 under section 26 Ministry of Environment, Local Government and Rural Development had 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. c. Establishment of Environmental Tribunals Under Section 20 & 24 76. The Federal Government has established two Environmental Tribunals one each in Karachi and Lahore. The Karachi Tribunal has jurisdiction over the Sindh and Balochistan provinces while Lahore Tribunal covers Punjab. It is intended to establish three more Tribunals so 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. 77. The scope of the new Act has been enhanced. The additional functions and responsibilities of Pak-EPA includes 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. d. Organization and Re-Structuring 78. Pakistan EPA is the attached department under the Ministry of Environment. It has three sections viz. Legal/Enforcement; EIA/Monitoring; and Laboratory / NEQS, each section is headed by a director. Majorities of the officers working in the department have scientific and engineering background and have strong field experience. Their skill in specific environmental field is being enhanced through demand-driven and on the job training courses. The enforcement of law partially related to implement of National Environmental Quality Standards (NEQS), Environmental Impact Assessment (EIA) and management of Hazardous substances/wastes is a weaker part of the system. The implementation of NEQS has a number of complexities related both to enforcing agency and stakeholders. A restructuring plan of Pak-EPA was prepared and subsequently is being reviewed by the Management Services Wing (MSW) of Finance Division. The revised proposed strength of PakEPA would ensure effective implementation of the Act and its rules and regulations. In its Restructuring Proposal, the Pakistan EPA determined that to meet current and future mandates, it would need an increase of 312 technical staffing positions (grades BPS-16 and above) and an additional 338 supporting staff (BPS 1-15) to be phased over a period of three years. As these staffing increases are unlikely to be met in full, Pakistan EPA will need to consider ways to augment its resources through outsourcing some of its functions. The required results can not be achieved without capacity building of EPAs and its allied departments and sustained restructuring of their institutional framework. Therefore, the officials of EPAs should be provided with opportunities for training from develop countries with developed environmental protection systems. 79. Finally, it is stated that the availability of legislation and guidelines or even institutional capacity of the regulators may not help achieve better quality of environment unless key stakeholders including politician/decision makers do not have a high degree of commitment to environmental protection. e. Certification of Environmental Laboratory 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. f. Establishment of Sustainable Development Board/Fund 81. The Governments of Punjab, NWFP and Balochistan have reported establishment of Sustainable Development Board /Fund under section 9 and 10 of the Act. The Governors of NWFP and Balochistan have approved a meager grant of Rs. 5.0 million for the Sustainable Development Fund in their respective province. g. Guidelines for Oversight of Delegated Environmental Authorities 82. Oversight guidelines should allow for delegation of environmental authorities from the Federal to the provincial level under three conditions: 83. The provincial government can demonstrate that there are adequate provincial laws and regulations in place to enforce the national objectives; the provincial authority has adequate technical expertise, staff, and resources to perform delegated responsibilities; and the provincial authority can demonstrate a commitment to share the information that will be needed to monitor compliance and measure performance. 84. Guidelines should also establish policies for reporting, conflict resolution, training, and funding assistance. In order to ensure that the actual public concerns are reported in the IEE/EIAs and addressed in the proposed mitigation measures. The EPAs federal as well as provincial should ensure an effective follow up of the proposed environment management plan (EMP) as well as monitoring system and auditing. A deviation from EMP is reported to the environmental tribunals already existing in Pakistan. In establishing roles and responsibilities under decentralization, Pakistan EPA must tread a careful line between over-management and lack of oversight of delegated programs. The national agency may need to be involved in a joint inspection, along with the Provincial EPA, of the facility when consistency with national standards has become a major issue or where undue pressure from local interest groups threatens the integrity of the regulatory process 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: • 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 EPA’s 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 4. SECTORAL POLICIES IN AQM 87. Realizing the issue of degradation of air quality the Government has taken various steps for its improvement to protect public from excessive exposure to pollution. Some significant measures being taken in the recent years are: Establishment of motor vehicle emission standards and review of strengthening of Motor Vehicle Examination system in the country. Implementing lead and sulphur phase-out programmes for providing clean fuels. The Senate Standing Committee on Petroleum and Natural Resources in October 2007 expressed its deep concern over the fact that higher sulphur content in diesel is worsening the problem of vehicular emissions, which poses a serious threat to public health and environment. The government had allowed local refineries in 2000 to charge 10 per cent duty on the sale of high speed diesel and six per cent on kerosene, jet fuel and light diesel with the condition that such revenues should be used to meet the Euro-II standards envisaging low sulphur content. Over Rs 50 billion were collected through this levy in several years but none of it was used for technology up gradation. In May 2009, Ministry of Environment has decided to enforce Euro-II emission standards for all petrol driven vehicles from July 2009 and the same standard would be applicable for diesel driven automobiles from July 2012. For this, Ministry of Petroleum and Natural Resources will make Euro-II compliant diesel with low sulphur available by January 2012. 88. Due to incentive regime offered by the Government, about 150,000 petrol vehicles have so far been converted to CNG and a number of new CNG stations have set up in the country. Efforts are also being made to convert diesel vehicles to CNG. Setting up of 15 tunes up stations for petrol and diesel vehicles and establishing a revolving loan of US$3 million to encourage installation of additional tune up stations in the private sector. Constitution of Environmental Squads of traffic police at federal and provincial levels. 89. The Mid-term Review (MTR) of NCS, undertaken in 2000, admits that achievements under NCS have been primarily awareness raising and institution building rather than actual improvement to 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. a. Policy Goals: Environmental Policy 2005 92. The National Environment Policy (NEP) provides an overarching framework for addressing the environmental issues facing- Pakistan, particularly pollution of air, lack of proper waste management, deforestation, loss of biodiversity, desertification, natural disasters and climate change. It also gives directions for addressing the cross sectoral issues as well as the underlying causes of environmental degradation and meeting international obligations. The National Environment Policy, while recognizing the goals and objectives of the National Conservation Strategy, National Environmental Action Plan and other existing environment related national policies, strategies and action plans, provides broad guidelines to the Federal Government, Provincial Governments, Federally Administrated Territories and Local Governments for addressing environmental concerns and ensuring effective management of their environmental resources. The Provincial, AJK, Northern Areas and Local, Governments, however, may devise their own strategies, plans and programs in pursuit of this Policy. 93. The objectives of the Policy are: a) Conservation, restoration and efficient management of environmental resources. b) Integration of environmental considerations in policy making and planning processes. c) Capacity building of government agencies and other stakeholders at all levels for better environmental management. d) Meeting international obligations effectively in line with the national aspirations. e) Creation of a demand for environment through mass awareness and community mobilization. 94. As recognized in the NEP, Pakistan’s 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. 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. b. Legal and Policy Framework: Basis of Institutional Design and Direction 96. After more than two decades of experience with environmental legislation and policy development, Pakistan’s environmental management framework is relatively mature. Despite this experience, however, significant aspects of institutional design and policy direction remain to be resolved, in particular related to the delineation of authorities, and the promotion of local and mainstream initiatives. Though relatively comprehensive legal and policy framework has evolved, there remain institutional obstacles to its effective application, such as the federal constitution recognizes the shared governmental responsibility for environmental protection, but it also raises important questions regarding the proper alignment and coordination of these roles and responsibilities. 97. The National Environmental Policy (NEP) was adopted in 2005 and provides broad guidelines to the federal, provincial, and local governments in addressing environmental concerns and crosssectoral issues such as poverty, health, trade, and local governance. To achieve its policy objectives, the NEP directs MoE, provincial and local governments to develop plans for its implementation. The NEP provides an opportunity to strengthen relationships between federal, provincial and local governments for environmental management, adopt innovative governance approaches, and incorporate performance measures in the implementation of agreed programs. c. Municipal Solid Waste Policies i) Solid Waste Management in Pakistan 98. Solid waste collection by government owned and operated services in Pakistan's cities currently averages only 50 percent of waste quantities generated; however, for cities to be relatively clean, at least 75 percent of these quantities should be collected. 99. Unfortunately, none of the cities in Pakistan has a proper solid waste management system right from collection of solid waste upto its proper disposal. Much of the uncollected waste poses serious risk to public health through clogging of drains, formation of stagnant ponds, and providing breeding ground for mosquitoes and flies with consequent risks of malaria and cholera. In addition, because of the lack of adequate disposal sites, much of the collected waste finds its way in dumping grounds, open pits, ponds, rivers and agricultural land. ii) Urbanization Pattern 100. During the last several decades, migration has occurred from rural to urban areas. The chief factors responsible for this migration are: slow progress in the agriculture sector, low crop yields, lack of alternate employment opportunities and environmental degradation due to water logging/salinity, deforestation and desertification. 101. The large rural influx has, contributed to the overburdening of urban infrastructure and urban services. There has not only been a rapid decline in the quality and availability of basic urban resources and amenities, such as housing, potable water, transportation, electricity, gas, drainage and sewage but also mushrooming of katchi abadis (squatter settlements), often located on the most marginal land. Today, squatter settlements account for about 25 to 30% of Pakistan’s overall urban population. The municipal institutions do not have sufficient resources and technical capacity to accommodate the needs of increasing urban population. 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% . 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  Cities Population Population Solid waste (million) 1998 (million) 2004 generation rate Census Census (kg/ C/Day) Waste generated (tons/day) Tons/year Karachi 9.269 10.818 0.613 6,632 2,420,680 Faisalabad 1.977 2.307 0.391 902 329,230 Hyderabad 1.151 1.343 0.563 756 275,940 Gujranwala 1.124 1.312 0.469 615 224,475 Lahore 5.143 6.4 - 5,000 - Peshawar 0.988 1.153 0.489 564 205,860 Quetta 0.560 0.654 0.378 247 90,155 Bannu 0.046 0.054 0.439 24 8,760 Sibi 0.082 0.095 0.283 27 9,855 Remaining Urban Areas 27.261 31.818 0.453 14,414 5,261,110 Total of Urban Areas 42.458 49.554 4.078 24,181 8,826,065 Rural Areas 88.121 102.853 0.283 29,108 10,624,420 Sub-Total 130.579 152.407 4.361 53,289 19,450,485 Add 3 percent for hazardous waste 1,599 583,635 Grand Total 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. d. Industrial Policy, Industrial Growth and the Environment 105. The trend in recent decades has been for the government to move out of the production of goods and services which can be profitably undertaken by the private sector, to limit the role of fiscal and financial instruments which may distort competition and to liberalize economic policies while at the same time taking better account of the environmental consequences of economic development. 106. Pakistan’s policy makers are increasingly aware of the direct or indirect environmental consequences of policies, measures affecting the price system and the provision of public goods. Until the 1980s development policies were formulated irrespective of environmental considerations. 107. Industrial policy and environmental policy not only remained unrelated – they were also unsuccessful. In spite of the efforts, industrial growth in Pakistan fell behind the countries such as S. Korea, Turkey, Thailand and Indonesia. Protectionism had resulted in an inefficient manufacturing sector. A 1991 study stated that, on average, it takes more that three times as much to produce final output domestically as to produce it abroad . 108. Industrial policy objectives of the early 1990s were employment generation, dispersal of industries, SME development and promotion of key industries (biotechnology, fiber optics, solar energy equipment, computers and software, electronic equipment and fertilizers). 109. The objective of the 8th Five Year Plan (1993-1998) for the industrial sector was to increase its competitiveness by adopting an outward looking strategy, liberalizing the economy, privatizing industries and promoting technological innovation and productivity growth. Its text incorporates all salient features of the National Conservation Strategy (NCS) and it stated that: “environmental problems that have arisen due to unintended side effects of development would be addressed through proper environmental planning. The emphasis would be on controlling and correcting industrial discharge of residues and wastes, handling of toxic chemicals, etc. Environmental protection should be one of the key criteria in the selection and development of technology”. 110. The World Bank has offered Technical Assistance Loan (TAL) of US $ 28 million for the implementation of the National Environmental Program. It is to strengthen the government’s capacity for environmental management, with the long-term purpose of enabling: (i) the set up of an institutional and policy framework that will ensure the environmental sustainability, including the sustainability of future infrastructure investments; (ii) incremental reductions of environmental degradation and its costs, particularly in terms of environmental health and more specifically that of children; and (iii) development and implementation of a climate change strategy . e. National Energy Policy 111. Equitable access to energy constitutes a basic element of effort to combat poverty and sustained economic activity. Efforts to alleviate poverty could be impaired unless adequate attention is paid to the crucial role energy services play in the development process, particularly in relation to the welfare of the poor. Strong action is therefore needed to orient market forces toward environmentally optimal energy supply solution in meeting rising demands of scarce energy resources. The National Energy Conservation Policy is intended to create an enabling environment for effecting a change in course from the present wasteful practices to sustainable energy and environment paths in the future. 112. The National Energy Conservation Policy (NECP) includes guidelines and actionable points to enhance end-use efficiency for various energy-consuming sectors of the economy and also for addressing various cross-sectoral issues that continue to retard promotion of energy conservation. The policy is consistent with existing energy and environment related national policies, strategies and action plans. The policy is meant to generate sufficient activity to promote energy conservation practices and effect energy savings of perceptible magnitude at the national level. The existing energy subsidies will not be required, once energy conservation practices and energy savings become effective. The National Energy Conservation Policy has four strategic goals. a) Sustainable Development - Energy conservation. b) Improve Economic Productivity and Poverty Alleviation 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. (b) Promote development and deployment of Solar Thermal technologies like solar water heater and solar desalinators, etc. (c) Promote development and deployment of wind Mills Pump for other pumping and power generation. (d) Promote development of Micro and Mini-Hydel Plants. f. Policy Interventions in Energy Sector 115. The following key initiatives should be taken for achieving National Environment Conservation Policy objectives. a. Legislation and Regulatory Framework. b. Public Awareness, Training and Education. c. Integrating Energy Conservation into National Energy Policies. d. Institutional Strengthening/Capacity Building. e. Financial and Fiscal Incentives. f. Public-Private-Civil Society Partnership g. Energy Services Companies 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 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. b. Supreme and High Courts: Establishing the Right to a Clean Environment 118. The environment and the protection of a clean environment: In the landmark case of Shehla Zia versus WAPDA, the Supreme Court ruled that “while life is not defined in the Constitution, it does not mean nor can be restricted to only vegetative or animal life or mere existence from conception to death; life includes all such amenities and facilities for which a person born in a free country is entitled to enjoy legally and constitutionally.” The Court concluded that the right to a clean environment is a fundamental right of all citizens of Pakistan covered by the right to life and right to dignity under Articles 9 and 14 of the Constitution. 119. The influence of Shehla Zia on Pakistani environmental jurisprudence continues to this day as reflected in Anjum Irfan v. LbA.20 a case in the Lahore High Court, concerning the setting of air and noise pollution standards under the 1997 Act. In February 2001 the Lahore High Court suggested that the new industries must be compelled to install devices used for checking and controlling pollution. The Court further suggested various measures for combating pollution, which included, inter alia, efficient utilisation of solar energy, more plantations of trees, introducing electric rail cars and the role of the media in creating awareness among the masses. 120. In 1997, some concerned residents of Lahore filed a public interest environmental litigation against the growing menace of vehicular air pollution at the Lahore High Court. After almost 6 years (in 2003), the Honorable High Court, considering air pollution as an issue of public importance, formulated a consensus-based Commission to make recommendations for effective future action to bring about a meaningful change in quality of vehicular air pollution. 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. The Commission worked for over a year and met with a number of stakeholders formulated the draft recommendations and submitted these recommendations to the Lahore High Court. The recommendations proposed measures to address pollution from diesel buses, auto rickshaws, ambient air quality standards, vehicular emission standards, fuel standards, proposed financial plan to implement the recommendations, proposed monitoring mechanism to monitor the progress in the implementation of the recommendations, awareness raising, and capacity building. 121. Very little progress has so far been made on phase-out/banning of 2-stroke rickshaws and diesel-fueled public transport vehicles and their replacement with CNG-fueled rickshaws etc. The recommendations still need to put into actions. 122. Supreme Court of Pakistan had taken suo moto (on its own initiative) case in 2003 on Environmental Pollution and particularly urban air quality prevailing in the country and directed the concerned Ministries in Federal Government, Chief Secretaries of the four provinces, Provincial Transport Secretaries and Deputy Inspector General of Traffic Police in the four provinces to examine the subject matter in depth and to submit an exhaustive report along with the plausible action plan laying emphasis on monitoring system in connection with the environmental issues concerning vehicular pollution, public transport vehicles, including diesel operated trucks and buses, and rickshaws and use of CNG as an alternative fuel to diesel. 123. The Report submitted by Sindh Province on transport related environmental issues in general and conversion of all public transport and rickshaws into CNG driven modes, aggravation of urban air quality, fuel quality, vehicle policy, Framing regulation for enforcement of Euro-II standard, application of environmental standards, and system management policy . c. Establishment of Environmental Tribunals Under Section 20 & 24 124. The Federal Government has established two Environmental Tribunals one each in Karachi and Lahore. The Karachi Tribunal has jurisdiction over the Sindh and Balochistan provinces while Lahore Tribunal covers Punjab and new Provinces. It is intended to establish three more Tribunals so 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. d. Other Relevant Laws 125. The general Federal and Provincial laws that include some provisions include the Pakistan Penal Code, 1860; the Code of Criminal Procedure, 1868; the Canal and Drainage Act. 1873; the Explosives 'Act, 1884: the Forest Act, 1927; the Factories Act. 1934; West Pakistan Fisheries Ordinance, 1961; West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965; the Agricultural Pest Ordinance. 1971; the Territorial Waters and Maritime Zones Act. 1976; the Motor Vehicles Ordinance, 1965; and the Provincial Wildlife Protection Ordinances. 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. f. Pakistan Environmental Protection Ordinance. 1983 (the '1983 Ordinance') 127. The main object of the 1983 Ordinance was to 'provide for the control of pollution and preservation of living environment and for matter connected therewith or ancillary thereto' (preamble). 128. At the Federal level, the 1983 Ordinance established the Pakistan Environmental Protection Council (PEPC) as the supreme policy-making body supported by the Pakistan Environmental Protection Agency (PEPA). The Pak-EPA was, in a way, the implementation arm of the PEPC. Four Environmental Protection Agencies (Provincial EPAs) were also established at the Provincial level and each of them is mandated to work under the policies laid down by the PEPC and implemented by the Pak-EPA. 129. Section 8 of the 1983 Ordinance, the main substantive provision, broke new ground in providing for and requiring an Environmental Impact Assessment (EIA) for developmental projects. The EIA was required in relation to projects, the construction or completion of which were likely to adversely affect the environment. It was also required that the EIA be filed with the Pak-EPA at the time of planning such projects and was to include information on the impact on the environment of the proposed project, the treatment works of the proposed project, the unavoidable adverse environmental effects of the proposed project and the steps to be taken by the project proponent to minimise adverse environmental effects. Thus, although the EIA was required as a pre-requisite for future developmental activity, the implementation of this provision was subject to future Governmental regulation in this respect, which never took place. Thus, the only substantive provision of the 1983 Ordinance was, in fact, still-born. g. Pakistan Environmental Protection Act. 1997 (the '1997 Act') 130. The 1997 Act, 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. 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. The following Rules and Regulations have been notified to date: 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. ANALYSIS OF MAIN LAWS AND REGULATORY FRAMEWORK 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) 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 NO2 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). a. US Clean Air Act 140. In 1990, US Congress dramatically revised and expanded the Clean Air Act, providing EPA even broader authority to implement and enforce regulations reducing air pollutant emissions. The 1990 Amendments also placed an increased emphasis on more cost-effective approaches to reduce air pollution. 141. It makes sense for state and local air pollution agencies to take the lead in carrying out the Clean Air Act. They are able to develop solutions for pollution problems that require special understanding of local industries, geography, housing, and travel patterns, as well as other factors, which is not the case with Pakistan. 142. States have to develop State Implementation Plans (SIPs) that outline how each state will control air pollution under the Clean Air Act. A SIP is a collection of the regulations, programs and policies that a state will use to clean up polluted areas. The states must involve the public and industries through hearings and opportunities to comment on the development of each state plan. In Pakistan, AQM regulatory authorities have to evolve such plans in consultation with stakeholders. 143. By reducing air pollution, the Clean Air Act has led to significant improvements in human health and the environment in the United States. Since 1970: • commonly found air pollutants have decreased by more than 50 percent (PM10, PM2.5, SO2, 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. 144. • • • 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. Pakistan’s 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 SO2, NOx and Traffic Noise. SO2 standards are far relaxed than WHO and WB whereas NOx 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  3 3 Sulphur dioxide (µg/m ) 1 year WHO European Union China (Classes I/II/III) United States California Japan Brazil Mexico South Africa India (sensitive populations/ residential/industrial) Pakistan (a) (b) (c) (d) Nitrogen dioxide (µg/m ) 24 hours 1 hour 1 year 20 a 125 10 c 25 40 40 20/60/100 50/150/250 150/500/700 40/80/80 78 80 78 50 366 105 105 365 341 125 15/60/80 30/80/120 80 120 655 262 80/120/120 120/240/240 470 113 100 94 15/60/80 320 395 376 188 30/80/120 40 80 180 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. 3 WHO European Union China (Classes I/II/III) United States California Japan Brazil Mexico South Africa India (sensitive populations/ residential/industrial) Pakistan (i) 1 hour 100 3 PM10 (µg/m ) (e) (f) (g) (h) 24 hours 3 PM2.5 (µg/m ) Ozone (µg/m ) 1 year 24 hours 1 year 24 hours 1 year 20 40 40/100/150 50 20 50 b 50 50/150/250 10 c 25 25 100 120 15 12 35 65 157 137 15 65 157 25 40 a 50 50 60 50/60/120 75/100/150 200 250 a 24 hours 120/160/200 d d 180 d 118 160 216 235 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. b. Establishing Guidelines for Delegated Authorities 148. Guidelines are required for effective federal oversight of environmental authorities delegated to the provincial level, establishing (i) the adequacy of provincial regulations and resources, (ii) provincial commitment to share information for performance monitoring, (iii) arrangements for funding assistance, and (iv) mechanisms for conflict resolution and the suspension of delegated authorities when necessary. c. Oversight of Environmental Clearances 149. Guidelines would facilitate federal oversight of provincial EIA clearances. Pakistan EPA reserves the right to review any environment report and to suspend clearance authority if it believes this power has been misused. This right has never been exercised, however, limiting the effectiveness of the federal mandate, and ultimately of the EIA system itself. Uptill now all the EIA reports must have fulfilled the guidelines in vogue which were issued by Pak-EPA. d. Creating Partnerships for Clean Air 150. The Pakistan Clean Air Programme (PCAP) should 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) policies for clean air in the industry, energy, fuel and transportation sectors. 151. Pakistan currently lacks standards for the quality of ambient air. Such standards are the foundation upon which emission control strategies are based, and usually specify schedules for attainment as well as monitoring methods. The regulatory framework needs to be updated to incorporate standards in the following priority areas: e. Mainstreaming and Upstreaming 152. Environmental cells have been created in a few key agencies such as City District Govt. of Karachi, Rawalpindi and Lahore as well as in multi-national industries, but these require additional 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. f. Strengthening Capacity for Effective Environmental Impact Assessments 153. Capacity building for more effective EIAs needs to address four weaknesses, (i) a lack of expertise for technical reviews, (ii) a widespread unawareness of requirements and procedures, both in government and the private sector, (iii) the lack of a system to identify projects, both public and private, required to submit an EIA, and (iv) weak enforcement of EIA clearance conditions. Technical assistance would assist EPAs in many of these areas, and adoption of EIA training programs. g. Reinforcing Incentives and Accountability 154. Accountability to stakeholders is essential for sound environmental management, and should only be achieved by ensuring stakeholders are informed and empowered. Opportunities to strengthen environmental accountability in Pakistan include the following: h. Public Consultation and Disclosure of EIAs 155. Requiring project proponents to develop a public consultation plan, creation of EIA information centers at Federal and provincial levels, public disclosure of all EIA filings on a website for easy access by the public and private sector, and public provision of a non-technical summary of EIA decisions. i. Public Information to Support Clean Air 156. The public provision of air quality information, including the daily publication of an Air Quality Index in major cities, should build support for air quality improvement initiatives and enable the issuance of health alarms when necessary. j. Empowering Civil Society 157. Public support for environmental compliance can be reinforced both by involving concerned civil society stakeholders in environmental decision-making and by supporting public interest advocacy through legal associations and the establishment of environmental law clinics. 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 PEPC’s authority in this regard. A sound industrial policy would be a better instrument to mainstream environmental and sustainable considerations. 160. In addition to PEPC’s 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, 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. 7. THINGS TO BE DONE (GAPS) 161. With exception of SO2, NOx, and Noise Pakistan currently lacks standards for the quality of ambient air. Such standards are the foundation upon which emission control strategies are based, and usually specify schedules for attainment as well as monitoring methods. The regulatory framework needs to be updated to incorporate standards in the following priority areas: a. Developing Health-Based Air Quality Standards 162. Ambient air quality standards are required as a basis for emission control strategies, specifying limits for key pollutants and monitoring methods. While safeguarding public health should be the main consideration, the costs and likelihood of attainment should also inform the standardsetting process. b. Vehicle Emission and Fuel Quality Standards 163. Updated Vehicle Emission Standards for new registration and in-service vehicles are required, linked to standards for fuel quality. In particular, the cost of moving to lower sulphur diesel and alternate fuels needs to be evaluated against the potential economic benefits in terms of lower emissions and better health. 164. In May 2009, Ministry of Environment has decided to enforce Euro-II emission standards for all petrol driven vehicles from July 2009 and the same standard would be applicable for diesel driven automobiles from July 2012. For this, Ministry of Petroleum and Natural Resources will make Euro-II compliant diesel with low sulphur available by January 2012. c. Building Capacity for Environmental Management 165. Mid-Term Development Framework, funding may be less of a constraint than the ability effectively utilize available resources. This presents an important opportunity to develop capacity environmental authorities at federal, provincial and local levels, to mainstream the development environmental management capacity in key sectoral agencies, and to upstream such capacity planning departments. to in of in d. Strengthening Capacity for Effective Environmental Impact Assessments 166. Capacity building for more effective EIAs needs to address four weaknesses, (i) a lack of expert input for technical reviews, (ii) a widespread unawareness of requirements and procedures, both in government and the private sector, (iii) the lack of a system to identify projects, both public and private, required to submit an EM, and (iv) weak enforcement of EIA clearance conditions. Technical assistance would assist EPAs in many of these areas, and adoption of EIA training programs similar to that of NWFP would help broaden awareness of EIA requirements. e. Improving Technical Capacity for Air Quality Management 167. Although in-house capacity in terms of laboratories/equipment already exists in “Pak-EPA and provincial EPAs, but still 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 (for example, strengthening the EIA system), outsourcing should be considered as a way of expanding technical 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 Pak-EPA & Provincial EPAs 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 8. NATIONAL LEVEL AGENCIES MANDATED TO ADDRESS URBAN AIR QUALITY 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 Mandate Staff & Resources Capacity to address AQM Ministry of Environment Development of Environmental Policy, Drafting and notifying rules and regulations Inadequate staff and resources Capacity shortfall to address its mandate , outsourcing of technical air quality management functions to private or academic institutions 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. Pak-EPA & Provincial EPAs 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. Ministry of Water & Power Power production to be attuned to safeguarding the environment including air quality. Inadequate staff and resources Inadequate expertise and resources Ministry of Industries controlling and correcting industrial discharge of residues and wastes, handling of toxic chemicals, etc. Environmental protection should be one of the key criteria in the selection and development of technology”. Inadequate staff and resources Inadequate expertise and resources Ministry of Transport and communication Initiate achievable and phased programme for automotive emissions controls by asking local automotive manufacturing industry (Cars, Trucks and Tractors) to comply with EURO Standards for new models. • Proper solid waste management system right from collection of solid waste upto its proper disposal. • measures to prevent accidents and disasters causing pollution • promote public education and awareness Inadequate staff and resources Inadequate expertise and resources Inadequate staff and resources Inadequate expertise and resources City Governments 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 . 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 NOx, 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: Table-15: Goals, Performance Indicators and Responsible Ministries/ Departments Goal Systematic approach to air quality management (AQM) by key stakeholders Purpose Organize key stakeholders in AQM and facilitate the implementation of strategic air quality management Performance Indicators/Targets • Harmonization of appropriate standards, regulations, control options, and enforcement mechanisms in the country. • Greater institutional capacity for AQM • • Sectoral cooperation on AQM strengthened compliance of standards and regulations Responsible Ministry / Department Ministry of Environment, Transport, Industry and Water and Power and local administrations 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 Frequent consultation for NEQS Compliance Ministry of Environment, Pak EPA, Provincial EPAs, P& D Departments Analyze emission inventory and source apportionment, and assess the social, economic, and environmental impact of air quality Countrywide studies leading to effective AQM strategy 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 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 government’s 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 10. NATIONAL PROGRAMS TO SUPPORT MUNICIPAL GOVERNMENTS 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 70-80’s 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: a. Pakistan Clean Air Program 180. Environmental Action Plan (NEAP) in February 2001, in which air pollution control was one of the core programs. Although some key objectives were achieved, including the introduction of unleaded gasoline and a reduction of sulphur in diesel, a number of initiatives are yet to be undertaken. To consolidate ongoing and proposed initiatives for the management of urban air quality, MoE is developing the Pakistan Clean Air Programme (PCAP), which highlights the four major sources of urban air pollution that need to be addressed, (i) vehicular emissions, (ii) industrial emissions, (iii) burning of solid waste, and (iv) natural dust. 181. The main objective of the proposed PCAP is to control the health and economic impacts of bad air quality, Roles of Federal, Provincial, Municipal, and Sectoral Agencies: Building Partnerships standards, and for defining associated systems for monitoring and enforcement. Responsibility for the implementation of these policies has been delegated to the provincial and local environmental authorities. An important enforcement tool is the Environmental Protection Order, which can be 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 with provincial and federal EPAs. 182. Pakistan Environmental Protection Council (PEPC) in February 2001 approved a National Environmental Action Plan (NEAP) for the country, which identified clean air as one of the core program. To successfully achieve objectives, administrative, legal and technical measures are to be taken besides initiating pollution control projects. b. Pakistan Clean Air Network (PCAN) 183. PCAN-IUCN aims to: undertake 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. PCAN plans to implement its objectives through the following actions: • • • Provide support in Strategic Environmental Assessment by the World Bank of the National Trade Corridor Improvement Program Facilitate the formation of Clean Air Coordination Committees in Quetta & Lahore. Strengthen the working of Committees in Karachi & Peshawar Collaborate with national, international and multinational organizations in promoting AQM in Pakistan c. Role of Industry in AQM 184. Industrial policy objectives of the early 1990s were employment generation, dispersal of industries, SME development and promotion of key industries (biotechnology, fiber optics, solar energy equipment, computers and software, electronic equipment and fertilizers). 185. The objective of the 8th Five Year Plan (1993-1998) for the industrial sector was to increase its competitiveness by adopting an outward looking strategy, liberalizing the economy, privatizing industries and promoting technological innovation and productivity growth. Its text incorporates all salient features of the National Conservation Strategy (NCS) and it stated that: “environmental problems that have arisen due to unintended side effects of development would be addressed through proper environmental planning. The emphasis would be on controlling and correcting industrial discharge of residues and wastes, handling of toxic chemicals, etc. Environmental protection should be one of the key criteria in the selection and development of technology”. 186. A database for self-monitoring and reporting (SMART) is also being maintained. This database provides information about effluent and emission levels of different kind of industries and their trends on time scale. It is recommended that the scores of factors that contribute to the overall mismanaged system should be removed. Some of these factors include: • Lack of infrastructure facilities • Majority of vehicles being not road-worthy • Large sections of the roads being not vehicle worthy • No adequate maintenance of vehicles • Use of fuel-efficient technologies is limited, and above all • Existing government policies are not directly addressing provision of efficient mass transit system or fuel efficiency and emissions issues • Absence of mass transit system in the cities 187. • • • • • • • • • • There is therefore an urgent need to: Improve quality of fuel i.e. low sulphur diesel. Improve fuel efficiency in transport sector Monitor vehicles on road by emission related testing/tuning procedures Introduce a well managed Transportation Plan Introduce new vehicles only if they are fuel efficient Set up workshops for emission related tuning of all vehicles. Vehicles, old or new, should only be allowed to run on city roads after checking for their emission-related efficiency 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. Modify furnaces and engines to provide more complete combustion. This helps control the production of both carbon monoxide and hydrocarbons. d. Financing of Air Quality Management Programs 188. As far as federal financial resources in the development budget are concerned, the planned allocation for the environment is encouraging. Under the Mid-Term Development Framework, the federal government has indicated a proposed allocation of Rs. 28.3 billion for the next five years for environmental management projects. Included in the MTDF is Rs.135 million ($2.2 million) for the Pakistan EPA’s Activity Based Capacity Development Project (ABCD) and Rs. 50 million ($836,000) for strengthening the capacity of the provincial EPAs, though neither has yet been implemented. 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. e. Support From International Agencies 190. Possible Areas For World Bank Assistance: Based on its current dialogue, the World Bank is strategically placed to support these initiatives. Support for the NEP could focus on providing technical assistance to MoE for the development of provincial action plans. As action plans are defined, the Bank would consider investment support for their implementation. For implementation of the PCAP, the Bank can provide technical assistance based on air quality management experience in other South Asian cities, with the possibility of subsequent investment support as plans become more concrete. In addition to providing assistance for implementation of the NEP and PCAP, the Bank also plans to support further analysis of selected priority concerns in managing natural resources. Potential issues to be addressed include sustainable management of land and water resources, including newly emerging challenges of global climate change, rangeland management, coastal zone development, as well as selective studies analyzing in more detail environmental priorities, institutions and future strategies at the sub-regional or local level. f. Local Government Finances 191. The entire revenue of all local governments - rural and urban - form a mere 5 percent of revenue generated by the different tiers of government, with the federal government earning close to 89 per cent and the remaining being generated by the provincial governments. Over times, the share of revenue generated by local governments has been rising, albeit marginally, while that of the provincial governments has fallen. The local governments have collectively, been able to show a better fiscal effort in terms of tax and non-tax revenue generation in the past several years. Nevertheless, as a share of all revenues generated, the contribution of local governments is very small. As far as expenditure is concerned, local governments spend only about 4 per cent of the total expenditure of all forms of governments in the country. This relative amount has fallen over the last decade. As far as recurring expenditure is concerned, local governments spend a much larger share. Of the recurring expenditure on the social services, provincial governments spend the largest share since education and health are provincial concerns. Local governments contribute 10 per cent to the establishment costs of social services. Table-16: Municipal Income and Expenditures (in million Rupees)  Categories 1990-1991 1993-1994 1996-1997 Income Metropolitan or municipal corporations Municipal committees Town committees Total 3921.7 3501.5 990.4 8413.7 5109.8 4660.5 1318.3 11008.6 6800 6202 1754 14750 Expenditure Metropolitan or municipal corporation Municipal committees Town committee Total 3569.8 3379 801.1 7749.9 4751.4 4497.4 1066.3 10315.1 6324 5986 1419 13729 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. 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. 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 NASA’s Terra satellite this image of the region. An especially thick band of haze appears near the India-Pakistan border 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 195. To determine the contribution of transboundary air pollution towards local air quality, the following strategy needs to be followed at regional level: a. Integration of monitoring data on a sub-regional basis: 196. Adequacy of data compiled, Pollutants of concern (additional pollutants), SOx, NOx, Ozone, etc, Compatibility of information collected, QA/QC issues, Common monitoring protocol (such as EANET (East Asia Network on Air Pollution)) technical manual), Adequacy of monitoring network (strengthening in terms of no. of stations/ parameters, frequency), National baseline studies b. National Emission Inventories 197. Comparison of methodologies used for different pollutants, Aim for a common approach, Use of emission factors, First preference: Local emission factors for various activities, Else use emission factors such as from WB rapid emission inventory, Undertake emission factors development (where ever deemed necessary), Subsequent refinements/ updating of emission inventories, Transparency in the development of inventory, Capacity Building. c. Strengthening of Regional Modeling Capabilities 198. Identification of appropriate tools/ models, Model acceptability and ownership- focal centre, Integrated assessment model - effects based approach, input data compilation emissions/meteorology/database on critical loads, Validation: model prediction vs. observed data, Capacity Building d. Strategies to Minimize Air Pollution 199. Regional cooperation in cleaner energy sources (hydel, alternative energies), fuel quality improvement (e.g. reduced sulfur in diesel, prevention of fuel adulteration), improvement in energy efficiency, sharing of information and cooperation in adoption of clean process technologies as well as EOP control technologies e. Studies on the Impact Assessment 200. Damage to human health, impacts on crop productivity, forests, etc, related economic analysis, these would assist in formulating appropriate policy response 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. Figure-5: Member countries of Male Declaration SECTION B: CITY LEVEL 1. OVERVIEW OF AIR QUALITY IN THE SELECTED CITY 203. Atmospheric pollution particularly in urban areas has a strong impact upon daily life of urban population. Country’s economic growth and rising energy consumption are causing ever increasing air pollution problems. The main sources of the air pollution are motor vehicles and industrial activities. SO2, NO2, CO2, CO, O3, THC and Particulate Matter (PM) are investigated as the pollution indicators. 204. Surveys carried out in the country by Pak EPA, Provincial EPAs and SUPARCO revealed presence of very high levels of suspended particulate matter (SPM) in major cities (about 6 times higher than the WHO’s guidelines). In Lahore, Rawalpindi Quetta and Karachi levels of CO, NOx and SO2 were also found in high concentration in other studies. There is requirement to understand the impacts and adopt remedial measures to minimize these impacts as had been experienced in other mega-cities of Europe, USA and Asia. Confidence criteria and reliability of existing inferences obtained through these few monitoring stations does not permit us to develop a comprehensive picture of current existing AAQ in various cities. It is believed that SPM / PM10 / PM2.5 are generated mainly due to vehicular (2 stroke & diesel engines) and natural sources while oxides of C, N & S from transport and industrial sectors involved in burning of petroleum products on large scale. 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 (PM2.5) 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 PM2.5 value has reached to 80 ug/m3 in the non rainy seasons against the permissible 25 µg/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 3 106.4 ug/m 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 hydrocarbons, carbon monoxide and sulphur dioxide. 67% PM10, 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 µg/m3 and in Sept 2007 is 33.1 µg/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 NOx concentration is 7.8-12.9 times higher, CO 6.67- 9 times, CO2 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 NOx 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 O3 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 µg/m3 in the city districts e. Issues and Constraints 213. As per mandate federal and provincial EPAs are collecting daily air quality data in five cities Islamabad, Lahore, Karachi, Peshawar and Quetta through their fixed stations under EMS. The responsibility of calibration, quality assurance and dissemination to public of these data rest with EPAs. Ministry of Environment is planning to disseminate these data through print and electronic media. All the major cities require special attention for proper environmental and transport planning for better air quality management. The monitoring efforts are being hindered because: no priority on government’s part & supply of resources in terms of field technical staff, availability of spare parts and calibration facilities. Few continuous monitoring stations present in country – no complete clear picture of air pollution in various cities has emerged from these few monitoring facilities, some of them are out of operation due to non-availability of spares and consumables. Some of issues and constraints of AQM are: • Very little work on integrated air quality management system and that too is mostly isolated in nature. • Insufficient allocation of funds by the provincial governments for protection of environment especially in the areas of air quality management • Lack of realization of nexus between environment and development, poverty and health • Lack of institutional capacity • Insufficient emphasis on environment in provincial and local fiscal policies • Lack of technical and Administrative Capacity. • Lack of interest on behalf of the bureaucracy and political establishments. • Environment/Pollution lacks priority in development/urban agenda. • City District Government has not yet been delegated the required powers and resources to address AQM • Confusion and Lack of Understanding of Policing Environmental Pollution issues. • Lack of Public Awareness. • Traffic Police Department lacks adequate staff to assist mobile Emission Testing Vehicles. • Thus Delay in development of policies on environment and implementation of laws, that is, establishment of Tribunals. • 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. f. Choices Available to Cities 215. Cities have wide technical and administrative choices, classic examples in the region: City states of Singapore and Hong Kong. The success of these cities addressing AQM lies in integrated transportation management, combined land-use planning, public transport management, and taxation policy to control numbers of vehicles and their usage. 216. In Pakistan, National Environmental Quality Standards that have been set by the Federal Government cover only noise, smoke and carbon monoxide—a framework that assumes an overly simplistic model of chemical reactions and overlooks key toxins such as lead compounds, nitrogenous compounds and hydrocarbons. 217. Suffice is to say that regulation of commercial transport vehicles requires high priority in any environmental management plan but certain issues regarding institutional capacity require consideration. For example, in Lahore, despite extensive provisions of the Motor Vehicle legislation, out of an estimated 40,000 rickshaws in Lahore only 12,000 are registered vehicles. The 70% remaining have never fallen under the purview of the motor vehicle examiners who are charged with certifying the condition of vehicles in Lahore. The government’s reliance on non-scientific visual inspections makes one wonder why these failing institutions were established and never strengthened in the first place. Cities also have a thriving adulterated fuel market that supplies rickshaws with cheap fuel and lubricant, the unregulated use of which greatly increases tailpipe emissions. 2. LOCAL GOVERNMENT STRUCTURES AND FUNCTIONS 218. Presently, the Civil Services of Pakistan are divided into 14 groups and services, namely, Pakistan Audit and Accounts Service, Commerce & Trade Group, Customs & Excise Group, District Management Group, Foreign Service of Pakistan, Income Tax Group, Information Group, Military Lands & Cantonment Group, Office Management Group, Police Service of Pakistan, Postal Group, Railways Group, Secretariat Group, Ex-Cadre Officers. 219. With the introduction of the Local Government (LG) System under the devolution of power in 2001, the very designations of the commissioner, deputy commissioner and assistant commissioner were changed to district coordination officer (DCO) and deputy district officer (DDO). Not only the designations were changed, but also the responsibilities, authority and accountability of these officers were changed. 220. Under the LG system, the position of the commissioner and deputy commissioner who were previously administrative heads of a division and a district respectively was reduced to that of a district coordination officer reporting to the city nazim or district nazim. The commissioner was replaced as administrative head of the division by the city nazim and the deputy commissioner by the district nazim. 221. The District Government includes the Zila/District Nazim and Naib Nazim, the Zila Council and the District Administration. Zila Nazim and Naib Nazim are elected directly and not from among the members of the Zila Council. 222. The Zila/District Nazim provides political leadership for the development of the district and is in a position to influence policies that can improve both the current quality of life and the future 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. b. City District Administration 224. Whereas in a district, macro-municipal functions are primarily handled by Tehsils, in the case of city districts, important macro-municipal services are managed centrally by a city district government with additional authority, capacities, and resources. The nature of infrastructure and population density in urban areas necessitates citywide planning to achieve economies of scale, the rationalization of investments, or the benefits of modern technologies, among other reasons. Integrated management with a holistic perspective is applied to the most significant services, including: 1 Water supply and sanitation; 2 Sewerage and waste disposal; 3 Land use, master planning and building control management; 4 Public transport; 5 Urban development, housing and public works; 6 River and riverine management; and 7 City expressways, roads and street management. 225. The District Government collects such Provincial tax or taxes within its local area as the Government may direct. Depending on the specific conditions, the district administration have been reorganized / re-grouped to take the charge of Public Health, Environment, Basic and Rural Health Units, Child & Woman Health and Population Welfare. 226. A Zila/District Council, Tehsil Council and Union Council in their ambit of responsibilities, make byelaws to carry out the purposes of this Ordinance. In particular and without prejudice to the generality of the fore-going power, such byelaws also provide for prevention of air, water, noise, and soil pollution 3. CITIES FOCUS ON AQM 227. As far as AQM and the mandate of City District Governments (CDGs) are concerned no substantial work has been done at city level. Though City governments have greater flexibility in decision making to respond to local problems and can meet local air quality targets compared to provincial and federal governments. CDGs of Lahore and Karachi have taken a number of steps to improve air quality in general, such as local notifications have been promulgated to limit or totally ban the operations of highly-polluting vehicles, such as the ban on old and poorly maintained city buses, and the ban on 2-stroke auto-rickshaws. These notifications still have to be put into practice. 228. With the initiative of Federal Government, a comprehensive CNG Bus Project will be implemented by City District Government Karachi (CDGK). This important project and revival of Karachi Circular Railway with electric locomotives would have long lasting impact on city environment. 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. 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 from foundations, bilateral and multilateral donor agencies. Preferably in the form of a support program. 4. PLANNING AND BUDGETING PROCESS 235. No City District Government (CDG) in the country is equipped with air quality monitoring hardware. Most of the available air quality monitoring data is done by Pakistan EPAs in cooperation with the Ministry of Environment (MoE) and Japan International Cooperation Agency (JICA). 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. 236. It is clear from an analysis of AQM in Pakistani cities that the improvement of AQM capacity is a process without any real short cuts. While it may be possible for some cities such as Lahore and Karachi to accelerate certain elements of AQM (e.g. phasing out two-stroke vehicles, deletion of aged vehicles and city traffic management to certain extent) and reduce emission levels, this does not mean that the city skips an entire stage of its AQM development. 237. There appears to be a correlation between gross domestic product (GDP) and the capability of the cities to manage their air quality. Increases in GDP make it possible to increase domestic funding of AQM systems, strengthening the capacity of regulatory agencies and reducing the dependence on external donor funding the important factors are awareness of the impact of air pollution and political will to allocate resources to AQM. The capacity to manage air quality is also determined by the presence of local institutions other than the regulatory agencies. Capacity can also be found in academic or other research organizations as well as local consultancy firms. Only a few cities of the country have some development programs for sustainability of environment in general. a. Karachi Development Program 238. The objectives of the Karachi Special Development Project are to: (a) strengthen the institutional and financial capacity of local agencies to deliver urban services; (b) improve resource mobilization and cost recovery; (c) demonstrate the feasibility of new approaches to providing services to the urban poor; and (d) directly improve basic urban services. These objectives can be achieved through a series of subsectoral interventions, with physical improvements combined with specific institutional and financial measures. b. Punjab Large Cities Development Program 239. The project’s development objective is to promote economic growth in the major cities of Punjab through metropolitan level strategic planning, integrated infrastructure investment programs, and efficient urban service delivery. This development program is expected to consist of three consecutive single-tranche programs. The objective of the first phase is to clearly define the roles and responsibilities of the Province and the CDGs; the 2nd and 3rd phases will focus on implementing detailed reforms and strengthening the capacities within the five large cities. The Urban Transport Component under this program includes (i) developing a vision for urban transport development (a Provincial Urban Transport Policy, an urban transport strategy for Lahore, guided by both the provincial Urban Transport Policy and the City Development Plan); (ii) improving coordination among agencies (clarification and realignment of responsibilities for urban transport; development of the function of a Metropolitan Transport Authority for Lahore); and (iii) strengthening capacity for urban transport planning (development of a comprehensive and collaborative urban transport planning process, which is integrated with land use planning and environmental planning; preparation and implementation of comprehensive urban transport improvement plans). Substantial allocation is being made in this regard. 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 formation of Quetta Clean Air Coordination Committee (QCACC), under the supervision of the provincial environment department, with representation from all relevant sectors. d. Recommendations for AQM Funding at City Level 241. Though, AQM could be initiated with external donor support, however, local resources need to be mobilized for continuous monitoring of air quality monitoring. Sustainability of institutional capacity can only be ensured through this mechanism. 242. In Pakistan AQ management (quantity and quality) is relatively under funded compared to water quality management and other urban services. This is so because today emphasis of the state is more on clean water availability compared to clean air. Funding of AQM needs to be made less dependent on donor funding. Alternative funding sources need to be explored. Polluters (stationary– mobile) need to contribute towards AQM to prevent/control pollution. Resources should also be spent on AQM awareness raising. The Pakistani society is still reluctant to pay their due taxes and the government is trying hard to enhance the base of its tax net. In this situation charging a polluter seems quite cumbersome. Since air pollution (as well as unsafe drinking water, sanitation, etc.) affects the poor in a disproportionate manner, there is a dire need to pursue local governments to be more responsive to the needs of the underrepresented and marginalized sectors of society. This also needs to be debated at national level. 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 (stationary–mobile) 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; 5. FLOW OF FUNDING BETWEEN CENTER AND CITIES 244. Environmental improvement and mitigation require consistent, vigorous, concentrated and integrated efforts to ensure the halting of further degradation of natural resources, and pollution of water and air. This would require a sizeable level of investment. The Mid-Term Development Fund (MTDF) on Environment while keeping in view the pressing demands for development of infrastructure and social sectors has so far adopted a modest approach in selection of projects. These projects needs to be prioritized due lo apprehensions regarding availability of the required resources in the foreseeable future. 245. In case of any curtailment of resources in essential environmental areas, a corresponding decrease in capacity development would be imperative thereby impeding the effective implementation of such projects, during the five years time frame. 246. Overall financial outlay for MTDF 2005-10 has been substantially increased from the last five years' total Public Service Development Program (PSDP) allocations of Rs 4.558 billion (both federal and provincial) to Rs 21.708 billion. This includes Rs. 460 million for cross sectoral and Rs.1,029.77 million for human resource development/education and research. 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. 6. INVOLVEMENT OF LOCAL GOVERNMENT 251. Strengthening the role of local governments through providing them administratively powers to enforce legislation and to monitor natural resources at local levels is another viable strategy that needs testing. The major gap between environmental quality monitoring and reporting has been centralization of these operations at federal and/or provincial levels whereas much can be achieved through local level – district, tehsil/ town – systems. Hence, involving the local government structures to adhere to achieving environmental quality standards in their respective areas can reap better results. 252. Institutionalization of local governance structures into environmental management and care also require extensive input to capacity building. Moreover, elaboration of bi-laws and rules of business for district and further devolved levels of environmental and peripheral departments are urgently needed for these structures to play their envisaged role. 253. The District carries out decentralized functions in accordance with the provisions of Local Government Ordinance and the rules are made there under. The Provincial Government provides guidelines and renders advice to the District Government through the concerned Zila/District Nazim for achieving the ends of Government policy and for promoting economic, social and environmental security of the province. Some of the environment responsibilities of District Governments are listed in the following table: Table-17: Environmental Responsibilities of District Governments Current Conditions Strategic Challenges (i.e., responsibilities) Development Partners 1. Increasing environmental degradation; Lack of cleanliness Effective solid waste management. Provincial government, City District Governments (CDGs), Chamber of Commerce and Industries, Transporters. 2. Unsanitary conditions Wastewater treatment. Civil Society, Enforcement agencies, media, professionals, media 3. Water Contamination 4. Air Pollution 5. Marine Pollution 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. 6. Deterioration in built environment 7. Desertification and depletion of ground water resources 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 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. a. Using the Courts More Objectively 255. Under the Pakistan Environmental Protection Act, 1997 two environmental tribunal have been established. Any person can approach these tribunals. It is suggested that EPAs, NGOs, and civic entrepreneurs should approach courts and environmental tribunals more frequently. This will certainly increase pressure on the polluters for NEQS compliance. However, judicial proceedings of environmental management are a quite time consuming, therefore; in the first place, there is a need to effectively enforce NEQS. b. Some of the steps taken in the implementation of NAAQS are as follows: • In April 1996, the Pakistan Environmental Protection Council (PEPC) set up the Environmental Standards Implementation Committee. The committee proposed to levy on industries the pollution charge on the basis of their emissions and discharges. This is still to be implemented. • Under self-monitoring and reporting, the industries were authorized to generate their own environmental reports under user-friendly software with the title of SMART. • Later Ministry of Environment and Pakistan EPA in consultation with stakeholders formulated following rules and procedures for the smooth implementation of NEQS/ NAAQs in the country: o National Environmental Quality Standard (Self-monitoring and reporting by industries) Rules, 1998 o Provincial Sustainable Development Fund (Procedure) Rules, 1998 o Provincial Sustainable Development Fund (Utilization) Rules, 1998 o Industrial Pollution Charge (Calculation and Collection) Rules, 1998 o Environmental Sampling Rules, 1999 o Hazardous Substances Rules, 1999 o Environmental Laboratory Certification c. Challenges and Recommendations 256. Pak-EPA has not been able to implement the NEQS effectively for many reasons but mainly due to continued lack of implementation capacity and resistance from industry, especially in the early phase of NEQS implementation. Despite legal requirements, under PEPA Section 11 & 12, the procedures for IEE/EIA have not been fully institutionalized. Some of the difficulties faced in this regard include lack of skills / experience for preparation of IEE / EIA, weak capacity of environmental protection agencies to review IEE / EIA and lack of co-operation of public sector agencies to prepare and submit IEE / EIA of their projects. 257. The pollution charge regime has been agreed by all stakeholders, but the modalities of collection and disbursement of funds are still being worked out. For the effective implementation of PEPA-97, the financial implications are needed to be further worked out and financial provisions be made, accordingly. 258. The administering and implementation machinery is only partly in place, is inadequate and demands immediate action for technically skilled human resource development. A monitoring and evaluation mechanism to review environmental performance under the law is also still lacking and needs to be developed and placed at the earliest. 259. The main drivers of air pollution in urban areas are mostly vehicular emissions. Better air quality can be ensured through controls on vehicular emission and traffic management. The CDGs can adopt some of the following bylaws: • In Pakistan no city government has anti-idling bylaw. Anti-idling bylaws and policies are tools that can reduce emissions through a reduction in idling vehicles. A bylaw is a municipal law which specifies areas to be regulated, whereas a policy is a plan of action or procedure taken to tackle an issue. Anti-idling bylaws specify a maximum amount of time that a vehicle can be left idling, typically ranging between 1 minute and 3 minutes. The bylaw might also be contained in a nuisance or noise bylaw, not specifying a time limit, but a disturbance provision. Anti-idling bylaws do not correspond to scientific studies, as more than 10 seconds of idling uses more fuel than restarting the engine. • The government has launched a compressed natural gas (CNG) bus service in Islamabad-Rawalpindi, Karachi and Lahore as part of a comprehensive program aimed at providing modern environment - friendly public transport service. Initially, 65 buses are plying on the roads in these cities. Figure-6: CNG Driven Vehicles in Pakistan • 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 . • 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: • 7. 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. o 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 o 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 PUBLIC PARTICIPATION AND ACCESS TO INFORMATION 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 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. a. Environmental Protection – A Common Responsibility 262. There are aspects to the management, protection and monitoring of environment that require overarching institutional approach to developing environmental consciousness amongst stakeholders. Some of the recommendations hence point to the need for concerted efforts from different groups of environmental stakeholders including government, private sector, industrialists, and civil society. b. State of Environment Reporting in Pakistan 263. The past two decades have seen a worldwide move towards state of the environment reporting, a process for communicating information on conditions and trends in the environment, describing their context and significance. In order to establish environmental reporting systems in Pakistan, it is necessary to be aware of the potential problems related to data availability and reliability. While numerous environmental sampling initiatives exist, a closer look reveals that there is limited trust in the quality of sampling and analysis and a sporadic approach to information gathering. Regular environmental monitoring and reporting, GIS compilation of environmental resource inventories, comprehensive land surveys and titles, and monitoring public health and environmental sanitation have repeatedly been recognized as the prerequisites for informed policy-making. There is a need to first establish ambient air quality standards and reporting of AQ data on regular basis. Once such a system is in place public participation and their feed back on the subject could be ensured. This will facilitate enforcement of AQM bylaws and consequently better air quality at city level. 264. There is a need to streamline data collection methods and systems as well as the agencies and organizations involved to ensure reliability, accuracy, and consistency as existing institutions and methods of data collection and processing have not been designed to measure progress towards goals of AQM strategy. The development of state of environment reporting systems will build on existing sectoral studies, reports, research methodologies, and data collection methods. 265. The Federal Government has established two Environmental Tribunals one each in Karachi and Lahore. The Karachi Tribunal has jurisdiction over the Sindh and Balochistan provinces while Lahore Tribunal covers Punjab and new Provinces. It is intended to establish three more Tribunals so as to have independent Tribunals 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. c. Public Hearing Mechanism 266. Notifications are issued to give people a chance to be heard with regard to proposed projects. This positive and welcome step taken by Government under the EPA makes Public Hearings mandatory in certain circumstances, and provides a forum for participation by the public, something that was hitherto not available. But the process includes the unexpressed assumption that the political process has already been in action to inform the public that a certain project (developmental or industrial, by Government or by a corporate body) is being proposed, defining what is the public interest, and explaining the need, extent and scope of the project. The objective is to examine whether the project is required at all, how many people are going to be affected/displaced, whether there is a better alternatives, whether economic feasibility is established. When notice is issued for a Public Hearing, it is usually the first time that the proposed project comes to public notice. Concerns surrounding the emission of gases and particulate matter, solid and water waste generation and disposal and health safety of public and workers of the plant are also expressed. The proponent may, of course, state clarifications and justifications in response to objections raised. 8. COMPLIANCE INCENTIVES, MONITORING AND ENFORCEMENT OF CITY LAWS AND BYLAWS 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 . 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 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 . a. National Environmental Action Plan (NEAP) 272. Pakistan Environmental Protection Council approved the National Environmental Action Plan in its meeting held in February 2001. Major components of the plan are Clean Air, Clean Water, Solid Waste Management, and Eco-system Management. Ministry of Environment Local Government and Rural Development is implementing NEAP through NEAP-Support Program in collaboration with UNDP under six program areas: b. Poverty and Environment Nexus 273. It is the poor who are most likely to be affected by declines in environmental conditions, natural resource scarcity and hazards. Hence Pakistan needs a national sustainable development strategy since the most significant improvements to the environment over the longer-term are likely to come about through a combination of poverty reduction and economic improvements. c. Promoting Private Sector Involvement 274. The private sector has become a decisive factor in many spheres, influencing environmental performance and long-term environmental sustainability. International private resource flows to developing countries have contributed to this process as these flows became more than five times greater than that of during the 1990s. Within the private sector (especially multinationals), there is a strategic shift from the traditional reactive approach to environmental protection (“do no harm”) toward the concept of sustainable development and corporate citizenship (“do most good”). Likewise, progressive investment bodies have moved from screening out bad practice, to seeking companies with positive roles to play in environmental conservation and social development. Environmental and social development issues are an integral part of this new approach. Pakistan needs to take account of this shift and benefit from it. Public-private sector partnerships, particularly for large infrastructure projects, are likely to increase in many countries including Pakistan. d. Guidelines for Tameer-e-Punjab Programme (TPP) 275. Government authorities in the Punjab, the most populated but alarmingly polluted province of Pakistan, promise to take measures for curbing air pollution. But environmentalists are not very optimistic and say that things are not expected to change, citing lack of political will as the reason for growing air pollution in Punjab cities 276. Tameer-e-Punjab Program was initiated during 2003-2004 to implement the need based local schemes identified by the Members of Provincial Assembly (MPAs). It’s salient features/guidelines for implementation are as under:i) The Local Government & Rural Development Department is the administrative department for this program. ii) It’s focus is on generation of economic activity and employment at the local level. iii) Funds are allocated constituency wise. 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. The following stakeholders at all levels were consulted for stakeholder analysis: (i) 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. (ii) Private Transport Operators and their Unions (iii) 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 (iv) 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 (v) NGOs/citizen groups; - IUCN Pakistan, Shehri Karachi 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. 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. 2 AQM procedures and guidelines are not properly disseminated and clearly understood. 3 Lack of institutional capacity 4 5 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 6 Weak public participation during the process of AQM and public hearing system is not effective and objective. 7 Consultancy services: 8 Insufficient Judicial support 9 Lack of Financial Resources 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. 9. ROLE OF CITIZEN AND NGOs IN AQM 281. The human right commission of Pakistan in its recent report highlighted the state of Pakistan's environment deteriorated with environmental laws not been implemented and the government turning a blind eye to many issues. Some of the issues are: • • Water and air pollution problems were not tackled and trees continued to be chopped down by the hundreds, especially for development purposes in urban centers. Around 8,000 trees were uprooted in 2007 for the construction of housing schemes, underpasses in Lahore alone. Toxic industrial emissions into the air and water created hazardous conditions for people Vehicles were responsible for 45% of the environmental pollution. Safe drinking water was still unavailable to a majority of the citizens. As much as 99% of industrial effluent and 92% of urban wastewater was discharged untreated into rivers and the sea. 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 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) 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 a. Capacity Building of AQM Sector 289. Air quality monitoring is becoming an increasingly important issue in the country. However, there is a considerable shortfall in national and local governments’ capacity to implement an effective pollution control plan, as critical data—such as long-term quality-controlled air-quality monitoring for basic pollutants, an inventory of emission sources, appropriate dispersion modeling, and exposure to information— are insufficient. 290. Some of the key areas of capacity building are: 1. Specialized training of officers and staff of EPAs - Enhance institutional capacity for air pollution management through training and exchange of information 2. Establishment and strengthening of enforcing procedures emissions limits; 3. Establishing emissions limits for additional pollutants ; 4. Incorporation of citizen comments in developing environmental regulations; 5. Development and assessment of penalties / permit fees for emissions permits 6. 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, 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. d. Coordination among different Organs of Government 292. Implementation of a control plan and monitoring program toward the established air quality goals is a complex process that requires coordination on many levels. At the national as well as subnational level, there is dedicated institutional structure in the form of Ministry of Environment (MoE), Pak-EPA and Provincial EPAs, to look after the air quality management issues. The relationships among the different levels of government and other stakeholders need to be evolved for effective control on pollutant emissions as arises out of both the air quality targets, and the responsibilities of officials/stakeholders at the various levels. This coordination should operate with a strong national authority and commitment for standard setting and policy development. Given those national-level goals, government and local agencies should be responsible for the implementation and in many cases have a degree of flexibility in the implementation phase so that specific local economic conditions can be accommodated. 293. At national level coordination will facilitate awareness raising on AQM, broad policy approaches, harmonization of policies, information exchange and capacity building. To achieve a meaningful coordination all segments should talk to each other through websites, workshops, dedicated meetings. e. Exchange of Information on Air Quality and AQM Initiatives 294. At the national level, there is a substantial amount of information on air quality and AQM initiatives, but the information is often not readily available. As a consequence, there is duplication in collection and available information is not always consulted before to decision making. Poor information exchange on best practices in AQM and lack of harmonized air pollution policies in the region have also contributed to the absence of regional cooperation in addressing air quality. Much work needs to be done to deal with the issue of air quality management in the country. This exchange will improve their AQM by working together and exchanging experiences on common practices. Strong coordinative approaches will be required not only within the country and but also in the region for effective dissemination of information on air quality issues, collective learning, and the formulation of comprehensive integrated AQM strategies. 295. There is no study on the effectiveness of these available little data as a communication tool. Whether people look at it; or whether people understand it. Some of these data do not appear to be used as management tool, e.g. issue air quality alerts or air quality index, comprehensive overview of air quality is not available to the public. f. Collective Knowledge Base 296. There is no established data-base on air quality in the country, results are not well documented and not shared beyond groups directly involved in projects. There is no document which put binding on these individual groups to coordinate and share their data. g. Potential Priority Areas • • • • • Approach to air quality management impact assessment of air pollution Roll-out air quality management to more cities. Pollutants of concern are PM, Ozone, VOCs and heavy metals Increased emphasis on prevention of pollution rather than managing the tail-pipe and the stack-pipe Integrate local air quality management with trans-boundary air quality management Integrate local air quality management with GHG abatement Funding and Priorities for AQM for AQM h. Impact Assessment of Air Pollution 297. There is an urgent requirement to assess impact of Air Pollution in major cities. This should include • • • • • • Need for increased capacity to assess health impacts Exposure analysis, vulnerability of special groups (poor, children, elderly) Capacity to be more evenly spread across country Indigenize the capacity to carry out health impact studies. Make a start with more substantial work on impact assessment of air pollution on environment (climate and crop growth rates) Improve quality of economic impact analysis of air pollution and do them on a routine basis i. Roll-out of AQM to more cities 298. Air quality is being measured in selected cities therefore there is a requirement of rolling-out of AQM to more cities such as Faisalabad, Gujranwala, Multan, Hyderabad, Sukkur, Gawadar. Government needs to focus more on legislation, capacity building and oversight and delegate responsibility for actual implementation of AQM to lower administrative levels. j. Pollutants of Concern PM, VOCs, Ozone and Heavy Metals 299. Some more pollutants of concern PM, VOCs, Ozone and heavy metals, fine PM (PM10, PM 2.5) and ultra-fine particulate are required to be recorded on regular basis since they pose major health risks. 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. l. Integration of Local AQM with Transboundary AQM 301. Integration of local AQM with trans-boundary AQM AQM strategies usually do not take account of the contribution made by pollution originating from abroad. Local AQ monitoring systems and trans-boundary AQ monitoring systems need 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 Overall trans-boundary air pollution demands the need for harmonized approaches to AQM and need for regional cooperation. 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. 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. n. Comprehensive Approach to AQM: 304. Benchmarking of air quality is the foremost requirement which is essential for comprehensive approach to AQM. One of the ingredients is quality assurance and quality control of this benchmarking. The strategy should include; Continuous monitoring, access to information (detailed AQ data), mobilization of support and funding for AQM, emissions inventories (the weakest link in AQM), need to address mobile, stationary and area sources ,more institutional capacity/budget to implement AQM policies and coordination at all levels. 305. Therefore, there is a need for expanding the existing ambient air quality surveillance program, which would serve as an early warning system to identify the trend of air pollutants and monitor transboundary air pollutants. However, management of the air pollution poses huge financial, technical, and logistic constraints for urban and national authorities. This is also because current trends in urbanization do not suggest any rapid abatement in the problem posed. D. REFERENCES . 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 Bank’s 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 reports—Major chemical and manufacturing plants, October 1997 . 5 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, 17 August 2009 th th ANNEXURE-I REVISED NATIONAL ENVIRONMENTAL QUALITY STANDARDS (NEQS) Background • PEPC in its first meeting held on 10th May 1993 approved the NEQS. • The approved NEQS were uniform standards applicable to all kind of industrial and municipal effluent. • There are 32 parameters prescribing permissible levels of pollutants in liquid effluent while 16 parameters for gaseous emission. • In April 1996, the PEPC set up an Environmental Standards Committee (ESC) headed by Mr. Shams Kasim Lakha to review, inter alia, the NEQS and suggest changes where necessary, based on conditions in Pakistan. • The committee realized that some of the parameters were more stringent than other countries of the region, so the task of the rationalization of NEQS was referred to an Expert Advisory committee to review and suggest changes, if and where required. • Before initiating the task, the Expert Committee was expanded to include representatives of trade and industry. • The Expert Committee identified ten parameters – eight (8) liquid effluent viz. BOD; COD; TDS; Chloride; Sulphide; Chromium; Ammonia; and Temperature, and two (2) gaseous emissions viz. SO2 (Sulphur di oxide) and Oxides of Nitrogen for review. • After consultation with various organizations the NEQS Expert Advisory Committee completed its task and proposed it to the ESC. • Finally after the Environmental Standards Committee endorsed the proposed revised NEQS, the Pakistan Environmental Protection Council was recommended to approve the revised draft NEQS. • In December 28, 1999. PEPC approved the revised NEQS. Table-19: National Environmental Quality Standards for Municipal and Liquid Industrial Effluents (mg/L, Unless Otherwise Defined) S.No Parameter Revised Standards Existing Into Inland Into Sewage Into Sea6 Standards 5 Water Treatment 1. Temperature or Temperature 40oC =<3oC =<3oC =<3 oC increase* 2. 3. pH value 5-days Biochemical Oxygen Demand (BOD1) at 20oC1 6-10 pH 80 mg/l. 6-9 80 6-9 250 6-9 80** 4. 150 mg/l. 150 400 400 5. 6. Chemical Oxygen Demand (COD)1 Total suspended solids Total dissolved solids 150 mg/l. 3500 mg/l. 200 3500 400 3500 200 3500 7. 8. 9. 10. Grease and oil Phenolic compounds (as phenol) Chloride (as Cl) Fluoride (as F) 10 mg/l. 0.1 mg/l. 1000 mg/l. 20 mg/l. 10 0.1 1000 10 10 0.3 1000 10 10 0.3 SC 10 11. 12. Cyanide (as CN) total An-ionic detergents2 (as MBAS) 2 mg/l. 20 mg/l. 1.0 20 1.0 20 1.0 20 13. Sulphate (SO4) 600 mg/l. 600 1000 SC 14. 15. 16. Sulphide (S) Ammonia (NH3) Pesticides, herbicides, fungicides and insecticides3 1.0 mg/l. 40 mg/l. 0.15 mg/l. 1.0 40 0.15 1.0 40 0.15 1.0 40 0.15 17. 18. Cadmium4 0.1 mg/l. 1.0 mg/l. 0.1 1.0 0.1 1.0 0.1 1.0 1.0 mg/l. 1.0 1.0 1.0 19. Chromium4 hexavalent). (trivalent and Copper4 4 20. Lead 0.5 mg/l. 0.5 0.5 0.5 21. Mercuy4 0.01 mg/l. 0.01 0.01 0.01 22. Selenium4 0.5 mg/l. 0.5 0.5 0.5 23. Nickel4 1.0 mg/l. 1.0 1.0 1.0 24. Silver4 1.0 mg/l. 1.0 1.0 1.0 25. Total toxic metals 2.0 mg/l. 2.0 2.0 2.0 26. Zinc 5.0 mg/l. 5.0 5.0 5.0 27. Arsenic 1.0 mg/l. 1.0 1.0 1.0 28. Barium 1.5 mg/l. 1.5 1.5 1.5 29. Iron 2.0 mg/l. 8.0 8.0 8.0 30. Manganese 1.5 mg/l. 1.5 1.5 1.5 31. Boron 6.0 mg/l. 6.0 6.0 6.0 32. Chlorine 1.0 mg/l. 1.0 1.0 1.0 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 3 (mg/Nm , Unless Otherwise Defined) S.No. Parameter Source of emission Standards Revised Standards Smoke Smoke opacity not to exceed:- 40% or 2 (Ringlemann Scale). 40% or 2 Ringlemann Scale or equivalent smoke number Particulate 1 Matter (a) Boilers and furnaces: (i) Oil fired. 300 300 (ii) Coal fired. 500 500 1. 2. (iii) Cement Kilns. 200 300 500 500 Any. 400 400 Any. 150 150 Any. 150 150 Any. 10 10 Sulfuric Acid / Sulfuric Acid Plants. Others 3 Plants. 400 400 5000 1700 Any. 800 800 Any. 50 50 Any. 10 10 Any. 20 20 Any. 20 20 Any. 50 50 Any. 20 20 Any. 200 200 (i) Nitric Acid manufacturing unit. (ii) Gas fired (iii) Oil fired (iv) Coal fired 400 400 - 3000 400 600 1200 (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 Hydrogen 2 Chloride 2 Chlorine Hydrogen 2 Fluoride Hydrogen 2 Sulphide Sulphur Oxides Carbon 4 Monoxide 2 Lead Mercury 2 Cadmium Arsenic 2 Copper 2 Antimony 2 2 2 15 Zinc 16 Oxides of 4 Nitrogen (NOx) 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. Table-21: Sulphur Dioxide Levels 3 Sulphur Dioxide Background Levels (ug/m ) Standards Criterion I Background Air Quality Annual Average Max. 24 hours Criterion II Max. allowable ground level Max. SO2 Emission 3 Interval (Tons per day per Plant) Increment to ambient (µg//m ) (One year average) < 50 < 200 500 50 Low 50 200 500 50 High 100 400 100 10 Very Polluted ** > 100 > 400 100 10 (S02 Basis) Unpolluted Moderately Polluted * 3 * For intermediate values between 50 and 100 ug/m linear interpolations should be used. ** No project with sulphur dioxide emissions will be recommended. Nitrogen Oxide Ambient air concentrations of nitrogen oxides, expressed as NO2, should not exceed the follow 100 µg/m3 Annual Arithmetic Mean 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 130 Solid fossil fuel 300 Lignite fossil fuel 260 Table-22: National Environmental Quality Standards for Motor Vehicle Exhaust & Noise S.No Parameter Standards (maximum Measuring method permissible limit) 1. Smoke 40% or 2 on the Ringlemann Scale or equivalent smoke number at end of exhaust pipe during engine acceleration mode. To be compared with Ringlemann Chart at a distance of 6 meters or more. Emission Standards : New Vehicles. 2. Used* Vehicles. Carbon Monoxide. 4.5 % 3. Noise. • 85 db (A). 10 year or older model. 6% Under idling conditions. Non dispersive infrared detection through gas analyzer. Sound-meter at 7.5 meters from the source. Table-23: (Proposed) National Environmental Quality Standards for Ambient Air Pollutants Time-weighted average Concentration in Ambient Air Effective from 1st January 2009 Effective from 1st January 2012 80 µg/m3 80 µg/m3 120 µg/m3 120 µg/m3 Sulphur Dioxide (SO2) Annual Average* 24 hours** Oxides of Nitrogen as (NO) Annual Average* 24 hours** 40 µg/m3 40 µg/m3 40 µg/m3 40 µg/m3 Oxides of Nitrogen as (NO2) Annual Average* 40 µg/m3 40 µg/m3 24 hours** 80 µg/m3 Method of measurement -Ultraviolet Fluorescence method - Gas Phase Chemiluminescence - Gas Phase Chemiluminescence 80 µg/m3 O3 1 hour 180 µg/m 130 µg/m3 -Non dispersive UV absorption method Suspended Particulate Matter (SPM) Annual Average* 24 hours** 400 µg/m3 360 µg/m3 550 µg/m3 500 µg/m3 - High Volume Sampling, (Average flow rate not less than 1.1 m3/minute). Respirable Particulate Matter. PM10 Annual Average* 200 µg/m3 120 µg/m3 24 hours** 250 µg/m3 150 µg/m3 Respirable Particulate Matter. PM2.5 Annual Average* 3 25 µg/m 15 µg/m3 24 hours** 40 µg/m3 35 µg/m3 3 15 µg/m3 1 hour Lead (Pb) Carbon Monoxide (CO) 3 25 µg/m Annual Average* 24 hours** 1.5 µg/m 1 µg/m3 2 µg/m3 1.5µg/m3 8 hours** 5 mg/m3 5 mg/m3 1 hour 3 3 10 mg/m 3 10 mg/m -β Ray absorption method -β Ray absorption method - ASS Method after sampling using EPM 2000 or equivalent Filter paper - Non Dispersive Infra Red (NDIR) method *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. ANNEXURE-II Background: Air pollution is a growing problem in urban areas in Pakistan, where approximately 35% of the country’s 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 country’s 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 Pakistan’s 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. 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? 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 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 citizen’s 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. ANNEXURE-III The Gazette of Pakistan EXTRAORDINARY PUBLISHED BY AUTHORITY ====================================================== ISLAMABAD, SATURDAY,, DECEMBER 6,1997 PART I Acts, Ordinances, President’s Orders and Regulations SENATE SECRETARIAT Islamabad, the 6th December, 1997 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 :- Act No. XXXIV OF 1997 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. 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, 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); (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; (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. Chairperson (ii) Minister incharge of the Ministry or Division dealing with the subject of environment. Vice Chairperson (iii) Chief Ministers of the Provinces. ..... Members (iii) Ministers Incharge of the subject of environment in the Provinces. ..... Members (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 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; (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; (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. (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 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 .... Chairperson (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 .... Members (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. .... Members (iv) Director-General of the Provincial Agency 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 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). 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 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. (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. 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 2 3 4 5 6 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. (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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. 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. th S.R.O.742 (I)/93, dated the 24 August, 1993, namely: ____ 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. Parameter 1. 2. 1. Smoke 2. Carbon Monoxide 3 Noise Standards (maximum permissible limit) 3. 40% or 2 on the Ringlemann Scale during engine acceleration mode. 6% 85 db (A). Measuring method 4. To be compared with Ringlemann Chart at a distance of 6 meters or more. Under idling conditions: Non-dispersive infrared detection through gas analyzer. Sound – meter at 7.5 meters from the source. Applicability 5. Immediate effect (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) EMISSION STANDARDS FOR PETROL VEHICLES (g/km) 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 driver’s 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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