IMPLEMENTATION ISSUES OF NATIONAL ENVIRONMENTAL QUALITY STANDARDS (NEQ s)

By

Fahad Khalil MSEM-1

1 Table of Contents
1. 2 Introduction ..................................................................................................................................... 4 Background ...................................................................................................................................... 4 2.1 2.2 2.3 3 The Negotiation Process ........................................................................................................... 4 Concept of Pollution Charge ..................................................................................................... 4 Monitoring ............................................................................................................................... 5

Factors affecting the Implementation of National Environmental Standards .................................... 5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 Governance .............................................................................................................................. 5 Implementation of Regulations ................................................................................................ 5 Lack of Integrated Environmental Policy ................................................................................... 5 Public Awareness Towards Environment .................................................................................. 5 Lack of Skilled Manpower: ........................................................................................................ 5 Lack of Funding to Industries in Treatment Projects .................................................................. 5 Lack of Government Technical Support in Treatment Projects .................................................. 6 Strengthening of Environmental Authorities ............................................................................. 6 Lack of Division of Responsibilities between Provincial/Local Authorities.................................. 6 Lack of Independent Monitoring............................................................................................... 6 Lack of Waste Disposal policy ................................................................................................... 6 Lack of Sitting of Industry ......................................................................................................... 6 Lack of Research and Analysis in Support of Pollution Abatement ............................................ 6 Lack of Roundtables, Conferences and Workshops for Pollution Abatement............................. 6 Provision of Incentives to Develop Indigenous Technology for Pollution Control....................... 6 Lack of Human Element ............................................................................................................ 6

4 5 6 7

The Role of Non-Governmental Organizations.................................................................................. 7 Functions of Provincial Authorities versus the Central Government ................................................. 7 Problems of Existing Industry versus New Industry........................................................................... 8 Programs to Assist Industry Comply With Environmental Norms ...................................................... 8 7.1 7.2 7.3 7.4 Pollution control and Abatement Fund ..................................................................................... 9 Common Waste Treatment Systems ......................................................................................... 9 Demonstration Waste Treatment Systems ............................................................................... 9 Cleaner Technology/Waste Minimization Project ..................................................................... 9

7.5 7.6 7.7 7.8 8 9

Future Sitting of Industry .......................................................................................................... 9 Relocation of Selected industrial Sectors .................................................................................. 9 Management of hazardous industrial waste ........................................................................... 10 Controls on the Import and Use of Toxic Chemicals ................................................................ 10

Self Monitoring and Reporting Program ......................................................................................... 10 National Environmental Quality Standards ..................................................................................... 10

1. Introduction
A pollution charge regime has been introduced in Pakistan to achieve industrial compliance with the National Environmental Quality Standards (NEQs). These Standards, if successfully implemented and documented, would go a long way to meeting the standard requirements likely to be imposed by importing countries. The modalities for the implementation of the pollution charges have gone through a unique consultative process between representatives of industry, government, environmental NGOs and academic researchers. The consensus of all stakeholders has been to adopt a market based approach that is a pollution charge or tax combined with fiscal incentives to industries, rather than to use coercive criminal procedures for ensuring compliance with NEQs.

2 Background
Although they were originally promulgated by the government in 1983, there had never been a concerted effort to implement the NEQs until the Pakistan Environmental Protection Council (PEPC) was reactivated in 1993 by Asif Ali Zardari, the minister for environment and husband of the then Prime Minister, Benazir Bhutto. It was at this time that the sustainable development policy institute (SDPI) suggested the use of a pollution charge, based on the German experience in pollution control and initiated discussions on modalities for implementation. There are obvious obstacles in the transition to more sustainable industrial production, not least of which is the: cost of new technology lack of technical know-how or expertise insufficient credit availability and the already weak financial health of the industrial sector Faced with these problems, it has been a challenging task to convince industry, especially the non exporting sectors, to comply with new environmental standards.

2.1

The Negotiation Process

In order to rationalize the NEQs and to work out detailed modalities for their implementation, the PEPC constituted on 12 March 1996 the Environmental Standards Committee (ESC) under the chairmanship of Dr Shamsh Kassim Lakha, president of the Aga Khan University and designated the SDPI as its secretariat. The mandate of the ESC was very specific, to review the NEQs and suggest changes where necessary and to recommend modalities for enforcing them. But in order to accomplish this mandate, a multi-dimensional strategy would be necessary, one that combined a creative market based formula with technical support to the industry and Government, a mass awareness program and an effective monitoring system. The only way to ensure success was to do all this openly and transparently.

2.2

Concept of Pollution Charge

The concept of the pollution charge is a key element of the implementation program. According to the present proposal, the charge would be calculated on the basis of a pollution load measured in pollution units. The principle is that the charge should be high enough to introduce industry to clean up its act. In other words, the net cost of the clean-up should be less than the pollution charge. Such a charge would ensure that those who introduce clean-up activities do not suffer relative to those who persist with dirty production methods.

2.3

Monitoring
A major issue for the environmental standards committee was the absence of an adequate monitoring capacity in the EPAs and in the Government more generally. Industry Representatives were skeptical about the transparency and fairness of any system that relied primarily on monitoring by a limited number of overburdened and under trained Government inspectors. The Government representatives also felt that the current capacity of the monitoring agencies was considerably short of the demands likely to be placed upon it. As such, there was a consensus on developing a sophisticated monitoring system that didnt rely exclusively on Government inspections. Such a system would begin initially by self-monitoring and reporting of the units concerned. EPA authentication would be required for a randomly selected sample. Finally, reporting of compliance with NEQs from all industrial units would be placed in the public domain to enable independent researchers and environmental NGOs to monitor them and access the performance of the entire system. Any entities that willfully conceal or falsely declare the level of pollutants in their report will be open to prosecution under the harsher penal clauses of the environmental protection Act.

3 Factors affecting the Implementation of National Environmental Standards

Following are the factors affecting the NEQs implementation:

3.1

Governance
Governance is the major issue in all the departments of Pakistan. Lack of interest towards good governance, insufficient academic career, lack of merit during the Ministries allocation and lack of knowledge about the environmental issues.

3.2

Implementation of Regulations
Environmental Regulations are approved and are on the papers but implementation is very weak. Main reason is the lack of interest from the Government side. Many industrial units are owned by the political representatives and these people usually put pressure on the respective environmental authorities that result in poor implementation of Environmental Regulations.

3.3

Lack of Integrated Environmental Policy

Presently, there is a need for the integrated environmental policy on National Level by allowing effective participation of Provincial Environmental Authorities, different industrial representatives and Government Representatives, covering all the environmental issues in present and of future.

3.4

Public Awareness Towards Environment

From the Government side, lack of environmental public awareness policy. Lack of public awareness programs regarding the environmental issues. A detailed action plan for implementing an environmental monitoring program, including awareness raising and training for industry, has been finalized by EPA and SDPI.

3.5

Lack of Skilled Manpower:

National & Provincial Environmental Authorities facing shortage of skilled manpower to cope with the problem of rising environmental issues.

3.6

Lack of Funding to Industries in Treatment Projects

Government has no effective policy to fund the industries in developing the waste treatment projects.

3.7

Lack of Government Technical Support in Treatment Projects

Government is lacking in providing the technical assistance to industries regarding the selection of optimum treatment options. Government doesnt have such kind of skilled people to cope with this project nor are they hiring any consultants as well.

3.8

Strengthening of Environmental Authorities

There is lack of strengthening of National as well as Provincial Environmental Authorities. by providing the skilled manpower, funds and administrative powers regarding the implementation of NEQs.

3.9 Lack of Division of Responsibilities between Provincial/Local Authorities

The division of responsibilities between Provincial/Local Authorities versus the Center requires are not well clear.

3.10 3.11

Lack of Independent Monitoring

There is lack of Independent monitoring of environmental authorities from Government side.

Lack of Waste Disposal policy

There are no clear measures in regard to waste disposal policy. Usually unwanted materials are concentrated to reduce the volume of the waste & then it is sent to the final waste disposal facility.

3.12

Lack of Sitting of Industry

There is lack of sittings with the industries from the Government and environmental authorities fro the resolving the environmental issues & implementation of NEQs.

3.13

Lack of Research and Analysis in Support of Pollution Abatement

There is no R&D work in this sector. Research & Analysis (R&D) work should be implemented on National Level and universities should be financed from Government as well as from the industrial sector to go after the R&D work.

3.14

Lack of Roundtables, Conferences and Workshops for Pollution Abatement

There is lack of roundtables, conferences and workshops for the sake of pollution abatement. Government should take serious steps in promoting the conferences & also encourage the industrial associations to fund for the conduct of the conferences as well.

3.15

Provision of Incentives to Develop Indigenous Technology for Pollution Control

There are incentive policies from the Government side in this sector but not well clear so these policies must be well clear about the incentives and Government should take serious serious steps in developing the indigenous pollution control units, that will save foreign exchange & local manufacturers will be encouraged as well.

3.16

Lack of Human Element

There is lack of Human element in the implementation of NEQS. The human element was probably the most critical element that enabled the process to develop as it did. Intellectual and Political leadership went into making the process a success.

4 The Role of Non-Governmental Organizations

The role of NGOs in this entire process has been a crucial one from the start and one that has been acknowledged by both government and industry. Benefits for including NGOs in environment sector are: First, the PEPCs appointment of the leader of an NGO as president of the ESC with the SDPI (another leading environmental NGO) as its secretariat supports this view. Second, the presence of the NGOs has provided an openness and transparency to the negotiation process and has allowed a balanced expression of openness that catered to the interests of all concerned parties. Third, certain NGOs are playing an important role in raising awareness, not only of industry but also of the public, about the importance and need for environmental conservation. Fourth, a few NGOs working in this sector (such as the IUCN and the SDPI) are making efforts to strengthen capacity of both the private sector and the government. Fifth, NGOs are expected to have an important monitoring function in the future implementation of the program. Sixth, The sharing of technical expertise between the private sector, government and NGOs has resulted in an unprecedented constructive partnership between these diverse entities. Seventh, Several NGOs leaders have been appointed to be members of the PEPC, which is the highest level environment policy making body in the country.

5 Functions of Provincial Authorities versus the Central Government

Although at present, a majority of the Pollution Control Programs are being implemented by the Central Government through the Central Environmental Authority, with the devolution of powers to the provinces, it is envisaged that a majority of the pollution control activities will be devolved to the regions, in time to come. At the present time the Provincial Environmental Authorities have their own statute and the Environmental Protection License program for industries is being administered through the Provincial Authority. This system is acceptable except for a few problems which have to be overcome. The following specific problems have been identified in this regard. The Provincial Authority is somewhat hampered in the performance of its duties due to the lack of personnel. In addition, the Provincial Authority does not have the experience and expertise presently available at the Central Environmental Authority in order to tackle major pollution problems arising from large scale high polluting industry. Pollution problems such as air or water pollution, do not respect boundaries. A pollution problem in one province can severely affect the neighboring provinces. It is important therefore, that minimum standards are available to the provinces in order for them to operate in such manner that is acceptable to the rest of the country. The division of responsibilities between Provincial/Local Authorities versus the Center requires to be clarified. At the present time, the roles of Provincial Authorities as opposed to that of the Central Government will have to be clearly defined in order to avoid confusion. Provincial Environmental Authorities are not functioning in an effective manner. Government should take serious steps towards the complete functionality of these authorities.

6 Problems of Existing Industry versus New Industry

In reviewing the present status in Pakistan in relation to industrial effluents, it is clear that major pollution problems arise mainly from those industries which were established two to three decades ago, before the present Environmental Regulations came into force. As such, a clear demarcation has to be made between the so called existing industries which are industries already in operation when the present environmental regulations came into force as opposed to new industries which came into existence after environmental regulations came into force. The Central Environmental Authority has been successful to a great extent in controlling pollution arising from new industries (i.e., industries established after 1990). It is a relatively easy task to control pollution from these new industries, as action is taken by the industry at the planning stage itself to install the necessary pollution control systems. The major problem lies in the control of pollution from the so called existing industries. These are industries which were established twenty to thirty years ago before environmental regulations were in place. Many of these older industries often use outdated technology and have not given any thought to waste minimization or end of pipe treatment. Many of these industries are cash strapped, and find it difficult to adopt new technology or install end of pipe treatment systems as it may require considerable amounts of funds. Some of these industries also face problems such as the lack of physical space for the installation of the required end of pipe treatment systems. The industries which generate the largest quantities of waste water in Pakistan are the textile, natural rubber processing and food processing industry sectors. These three industry sectors are widely distributed throughout the country. In addition to these, large scale industries such as the pulp and paper mills and small scale leather tanneries also contribute to water pollution, although these are few in number. Industrial effluents are generally disposed of into nearby water bodies such as rivers, lakes or into the ocean. The major problem with disposal of waste water into water bodies arise from the fact that most of these rivers are being used by the general public for various purposes such as bathing, washing etc. The situation regarding sitting and control of pollution from new industries has significantly improved since the enactment of the National Environmental Act and its regulations in 1990. Most new industrialists are now aware of the need to plan their pollution control strategy at an early stage of the planning process unlike in the older industries when not much attention was paid to pollution abatement measures at the planning stage, thereby making it more difficult and costly to incorporate pollution control measures at a later stage. The necessary legislative provisions are already in place for taking legal action against errant industrialists who are violating the norms and standards stipulated by the Central Environmental Authority. However, the Authorities have been fairly flexible in this regard particularly in relation to existing industries. These industries have been allowed sufficient time to meet the stipulated standards. In cases where the industry concerned does not make any attempt at all to abate the pollution from his industry the Central Environmental Authority proceeds with legal action.

7 Programs to Assist Industry Comply With Environmental Norms

In Pakistan a mix of regulatory and incentive based strategies are adopted in order to control pollution arising from industries. There are many programs which have been initiated in recent times with a view to providing assistance to industries. Special emphasis has been given to the control of pollution from the so called existing industries which older industries are set up several years or decades ago before the present environmental regulations were in force. Some of these programs are briefly described below.

7.1

Pollution control and Abatement Fund

A Pollution Control and Abatement Fund is be set up in order to provide interest free loans as well as free technical assistance to industries which have been established in the past and which have pollution problems at present. Under this scheme industries will be able to obtain funding on a concessionary basis for the installation of waste treatment systems and for the implementation of other pollution minimization measures. The funds will be being disbursed through the major development banks. This is a boon to industries, in particular the small and medium scale industry that may lack the finances required for implementation of pollution control measures.

7.2

Common Waste Treatment Systems

In order to assist older industries in special areas with a high concentration of industries where the necessary space for the installation of treatment systems is not available, the Government, with World Bank assistance, will have to set up common waste treatment systems for joint waste treatment. Industries in such areas will be expected to join the common waste treatment system or install waste treatment systems on their own.

7.3

Demonstration Waste Treatment Systems

There are several specific industrial sectors where the required pollution control technology is not available in the country at present. Demonstration waste treatment systems will have to be set up for such industrial sectors by the Government in order to assist similar industries to set up their own treatment systems with confidence.

7.4

Cleaner Technology/Waste Minimization Project

Another program which is to be implemented in order to assist industries is a demonstration waste minimization project in selected industrial sectors. A UNIDO assisted waste minimization project is to be implemented by the Central Environmental Authority covering major selected industrial sectors. These include the distillery, textile and metal finishing industrial sectors. Through this kind of project, selected industries in these major industrial sectors will show ways and means of reducing waste generation quantities through simple process and raw material changes, as well as good house keeping practices. Demonstration waste minimization projects such as these help industries in meeting the required environmental standards while at the same time reducing end-of-pipe treatment costs.

7.5

Future Sitting of Industry

In order to avoid the problems arising from inappropriate sitting of industry, the Government will have to make a policy decision that in future, all effluent generating high polluting industry should be sited in industrial estates with treatment facilities.

7.6

Relocation of Selected industrial Sectors

Other programs which will be concentrated upon are the relocation of industries which have similar processes, to one central location in order to facilitate sharing of costs for waste treatment and disposal. The main reason for the relocation of these tanneries was that these tanneries which were established several decades ago were carrying out their operations in highly residential areas which had developed in and around these industries. The operation of these tanneries was causing a major nuisance to the nearby residents. In addition, although these tanneries many of which are involved in chrome tanning generate substantial quantities of waste water often containing chromium, in most of these locations there is not sufficient space for the installation of the necessary treatment systems. The relocation of the tanneries will give an opportunity to the industry to share the cost of waste treatment in addition to minimizing pollution/nuisance problems by moving out from the populated areas.

7.7

Management of hazardous industrial waste

Although the quantities of hazardous waste arising from industrial operations in Pakistan is not very substantial at the present time, it is envisaged that the problem is bound to become serious with increased industrialization. There are a few industrial sectors which are already facing a problem in relation to the disposal of hazardous waste. With an increasing number of industries installing treatment systems for the treatment of their waste water, a serious problem with regard to the disposal of sludge from such waste treatment systems has arisen. The proper disposal of this waste poses a serious problem, due to the non availability of a high temperature incinerator or a properly designed land fill site in the country. The government is in the process of identifying a suitable site to be developed as a hazardous waste land fill site.

7.8

Controls on the Import and Use of Toxic Chemicals

Chemicals classified as pesticides, fertilizers or pharmaceuticals are fairly well regulated in Pakistan, as legislation is already in place for the purpose. All pesticides, fertilizers and pharmaceuticals go through a registration process whereby aspects such as toxicity and environmental effects are looked into very carefully, as well as efficiency. However, the use of toxic chemicals by industry is a fairly serious problem in Pakistan, as extremely toxic/hazardous chemicals are sometimes being imported into the country, for use in industry. At the present time there is permit scheme in place for the control of industrial chemicals.

8 Self Monitoring and Reporting Program

To minimize the role of environmental inspectors and giving self-respect to industry, a self monitoring and reporting program was derived in consultation with the trade & industry. The program is comprised of 3 versions of software meant for industrial unit, Provisional EPAs and Federal EPA. The program is user friendly and requires minimum efforts to enter and transfer data of industrial effluents to concerned EPA. A pilot program was introduced and successfully completed at the federal level for 50 selected industrial units. It is intended to expand the program to provisional level for full scale implementation through EPA. Based on the reported data, EPAs will start negotiations with highly polluting industries and enter into pollution agreements with specific targets to be set through environmental improvement plans. Ministry of Environment/Pak-EPA opened dialogue with the industry. Consequently, the industry which was initially reluctant to adopt environmental measures soon realized the importance of pollution control for enhancing their export in the international market, where environment friendly products have edge. The Federation of Pakistan Chamber of commerce FPCCI and other industrial associations took initiative and created environment cells within their organizations. Extra efforts are still required to promote green productivity and adoption if ISO 14000.

9 National Environmental Quality Standards

    S.R.O. 549 (I)/2000 S.R.O. 742 (I)/93 & S.R.O. 1023 (I)/95 S. R.O. 1062(I)/2010 & S.R.O. 1063(I)/2010 & S.R.O. 1064(I)/2010 (NEQS for Ambient Air, Drinking Water and Noise) S.R.O 72(KE)/2009 (NEQS for Motor Vehicle Exhaust and Noise)