Bangladesh Urban Air Quality Management - World...

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Bangladesh Urban Air Quality Management

An Institutional Assessment

Richard Baldwin, Air Quality Consultant

David Calkins, Air Quality Consultant

6/19/2007

FINAL REPORT

A review of the history and current status of, and recommendations for changes to improve, the Bangladesh urban air quality management program. Performed under contract for The World Bank.

ACKNOWLEDGEMENTS

I want to acknowledge the help and support of the following people. Without their help this report could not have been done. I especially want to acknowledge the gracious staff at the Department of Environment, Ministry of Environment and Forest, who took time from their busy days to help a stranger understand the inner workings of the Bangladesh air quality management program. For me, it was a personally rewarding and educational experience. I was deeply impressed by their individual commitment to clean air for all Bangladeshis.

Richard Baldwin

Government of Bangladesh The World Bank

Dr. Khandaker Rashdul Hoque Dr. Sameer AkbarDirector General Senior Environmental SpecialistDepartment of Environment The World Bank

AQMP Project ManagerDr. Mohammad NasiruddinProject Director Dr. M.KhaliquzzamanAir Quality Management Project Environmental Scientist (consultant)Department of Environment The World Bank, Dhaka

Mohammad Reazuddin Sayed Tanveer HussainDirector (Technical) Consultant to The World BankDepartment of Environment Former Minister

Ministry of Environment and ForestMd. ShahjahanDirector (Technical)Department of Environment

Md. Abdus SamadDirector (Admin & Dev.)Department of Environment

Dr. Md. Abdur RoufDeputy Director (Lab)Air Quality Management ProjectDepartment of Environment

HasibDeputy Director (Enforcement)Air Quality Management ProjectDepartment of Environment

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Table of Contents

Executive Summary 4

Bangladesh Air Quality Background 6

Objectives of This Study 10

Findings 12

Recommendations 17

Air Quality Program Structure 20

Recommended Organogram/Organization Chart 22

Summaries of Organization Units 23

Detailed Program Recommendations 24

Satellite Offices 41

Fees 41

Program Implementation Issues and Timing 43

Additional Issues for Consideration by DOE/MoEF 44

Annex 1, List of References 46

Annex 2, List of Contacts 48

Annex 3, Clean Air Act 52

Annex 4, Calculations 65

Annex 5, Organogram 67

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EXECUTIVE SUMMARY

In the mid 1990’s air quality in Dhaka started deteriorating visibly and became an issue of public concern. The main air pollutant of concern was identified as particulate matter (PM). To address growing concern over air pollution, in 2000 the Government of Bangladesh (GoB), with assistance from the World Bank, launched the Air Quality Management Project (AQMP) with primary focus on Dhaka.

The AQMP was conceived as part of the Bangladesh Environment Project (BEP) in 1998. The AQMP was formulated as a Learning and Innovation Loan (LIL) supported by the World Bank.

The AQMP became operational on 26th September, 2000 with a closing date of 31st December, 2004. In view of changed circumstances the project was extended to the end of 2006. It was extended again to December 2007 to ensure a bridge between the original AQMP and a proposed AQMP II. AQMP II is expected to start in June 2008. AQMP II has now been renamed to Clean Air and Sustainable Energy (CASE).

The AQMP has led to development of an air quality database for PM in Dhaka, developed a limited database for gaseous criteria pollutants in Dhaka, and is beginning to develop a PM and gaseous criteria pollutant database in Chittagong. The AQMP has also developed an on-road profile of vehicle exhaust emissions for Dhaka, and has created an enforcement program to cite excessively polluting vehicles in Dhaka. This good progress will end with the end of the AQMP unless either 1) the CASE project moves forward to replace the AQMP, or 2) the Government of Bangladesh decides to fund the program at the levels currently being proposed in the CASE project. In addition, if neither CASE nor the GoB provides continued funding for the AQMP, the existing air monitoring and motor vehicle enforcement programs will probably have to cease due to lack of resources.

Capacity building is one of the most important aspects of any environment related project in most developing countries. Most developing countries, including Bangladesh, have a long way to go to build capacity in the environment area. Due to competing demands on government resources, it is not easy to build capacity both in terms of technical and human resources. Therefore, projects like AQMP and the proposed CASE provide the opportunity to build capacity through real work.

Unfortunately, the career structure now offered in the Department of Environment is even worse than in other government departments because there is no separate environment cadre. The opportunity for career advancement is virtually non-existent. Such a structure acts as a one way sieve which retains the lesser competent staff while releasing the more competent and ambitious staff that are eager to find more rewarding and challenging work environments. Radical measures will be needed to redress such a situation and to build sustainable capacity for air quality program

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implementation. Based on research at DOE and with other agencies in Bangladesh, it is believed that an Air Quality Cell within DOE can provide some relief to this problem. A better solution would be to create a law such as the one that created the Bangladesh Atomic Energy Commission; however, such an approach is not feasible in a reasonable time frame.

Without continuing support of the World Bank with the CASE project, or with the Government of Bangladesh providing the same or similar support, the current air monitoring and the on-road vehicle enforcement program will likely discontinue. In addition, the ability to make substantial air quality progress will probably not occur. If the GoB did decide to continue funding the AQMP without the proposed Air Quality Cell, the ability of the AQMP to adequately monitor air quality in Bangladesh would be seriously marginalized due to the inability of the DOE to recruit, train, and retain, qualified technical experts to operate and maintain the existing air monitoring network within the existing personnel structure of DOE.

The current technical staff, for the most part, lacks adequate training to properly operate the state-of-the-art monitoring equipment now in place, and on order. There is no quality assurance/quality control program in place, and most, but not all, of the lower level technical staff did not seem to understand these concepts.

Creation of an air quality cell appears to be the only option available to DOE to enable it to provide the level of salaries and training needed to create a competent staff that is required to perform the sophisticated work of a highly technical program. Creation of an air quality cell is perhaps the most important air quality component of CASE. It is the cell which will enable the change needed to advance the Bangladesh air quality management program.

With approval of CASE, and creation of an air quality cell, the DOE will be able to purchase equipment needed to improve air quality monitoring, and hire, train, and retain professional staff to perform the work in the recommendations.

In this report there are short term and long term proposed solutions. The short term solutions involve using funds under the CASE project to start developing important air quality programs within the cell, and enhancing the programs that currently exist within DOE and AQMP. The long term solutions involve changing national policy to better define an effective urban air quality program in Bangladesh, including creation of a Clean Air Act, and creating a funding mechanism based on the polluter pays principle to ensure long-term funding for the air quality program. These recommendations are discussed in great detail within the report.

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1. BANGLADESH AIR QUALITY MANAGEMENT BACKGROUND

1.1 First air quality concern

In the mid 1990’s air quality in Dhaka started deteriorating visibly and became an issue of public concern. The main air pollutant of concern was identified as particulate matter (PM). To address growing concern over air pollution, in 2000 the Government of Bangladesh (GoB), with assistance from the World Bank, launched the Air Quality Management Project (AQMP) with primary focus on Dhaka.

1.2 Creation of AQMP

The AQMP was conceived as part of the Bangladesh Environment Project (BEP) in 1998.1 The initial BEP concept was for an umbrella project with multiple implementing agencies corresponding to several of the country’s highest environmental priorities as expressed in its just-completed National Environmental Management Action Plan. After the review of the project concept, it was decided that the BEP should be “unbundled” and split into several smaller interventions, most of which became sub-components of other projects in the pipeline. The AQMP remained as the stand-alone environmental intervention and was formulated as a Learning and Innovation Loan (LIL) supported by the World Bank.

It was agreed that (i) this project was suitable as a LIL because of its short term nature and the ability to have maximum flexibility providing grants to perform the identified tasks; (ii) it was reasonable to focus on transport emissions, but analytical work on other sources of air pollution should also be conducted; (iii) success of this LIL would be judged on the basis of institutional capacity building, greater information and understanding of air pollution, more effective enforcement of rules, and appropriate participation of the private sector – but not on the basis of actual improvement in ambient air quality, given the short life-span and learning nature of the project.

The primary objective of this LIL was to learn about options and develop components of urban air quality management by means of pilot activities and institutional support, with the ultimate goal of reducing human exposure to vehicular air pollution in a cost-effective manner. The components were designed to promote learning, develop institutional capacity for air quality management, test technical options for financial, environmental and social viability, and raise stakeholder awareness of the issues and options related to vehicular air pollution. The project was negotiated in July 2000 and consisted of two main components: (i) Vehicle Emissions Reduction: Enforcement, Standards and Control and (ii) Air Quality Monitoring and Management.

1 This historical perspective is documented in A review of Air Quality Management Project, draft prepared by M. Khaliquzzaman, July 2005

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1.3 Initial implementation problems

There were many uncertainties during the formative period of the project. The DOE itself was a small agency with limited capacity in both terms of human resources and technical knowledge base and it was also an inexperienced borrower. Project Preparation was considerably delayed because DOE did not avail itself of a PHRD grant that was available to hire consultants for its support. Rather, DOE decided that it would learn more by doing things by itself. The Bank’s Dhaka office provided regular assistance.

The entire PHRD grant allocated to this LIL for GOB execution was returned, with the exception of small funding for a stake-holder workshop. It may be noted that a matching Bank-executed PHRD grant was used to fund technical analysis and limited data collection. Even though the project was delayed in various aspects, some benefits resulted in the form of increased technical understanding of the air pollution problem, further work with project stakeholders (particularly baby-taxi drivers, petroleum companies, the media, and other donors), and new developments in vehicular and fuel-related technologies.

1.4 AQMP creation and support

The project was supported by all sector units, which was important given the cross-sectoral issues raised (e.g., transport, urban, education, health, and environment). The project became operational on 26th September, 2000 with a closing date of 31st December, 2004. The project was initially extended to the end of 2006, and then extended again to December 2007 to ensure a bridge between the original AQMP and the proposed AQMP II. AQMP II is expected to start in June 2008. AQMP II was recently renamed to Clean Air and Sustainable Energy (CASE).

1.5 LIL background

The LIL provided the AQMP with the financial resources needed to purchase equipment to monitor air quality and measure tail pipe emissions, as well as to staff the air monitoring and tail pipe testing programs.

1.6 AQMP products

The AQMP has developed an air quality database for PM in Dhaka, developed a limited database for gaseous criteria pollutants in Dhaka, and is beginning to develop a PM and gaseous criteria pollutant database in Chittagong. The AQMP has also developed an on-road profile of vehicle exhaust emissions for Dhaka, and has created an enforcement program to cite excessively polluting vehicles in Dhaka. This progress will end with the end of the AQMP unless either 1) the CASE project moves forward to replace the AQMP, or 2) the government of Bangladesh decides to fund the program currently being proposed in the CASE project.

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1.7 Air quality standards

The first set of ambient air quality standards for Bangladesh was defined in the Environment Conservation Rules of 1997. The 1997 standards were replaced by a new set of standards in July 2005 based on a proposal of the World Bank-funded AQMP which reviewed the old standards. The new standards for Particulate Matter (PM10, PM2.5), nitrogen dioxide (NO2), sulfur dioxide (SO2), carbon monoxide (CO), and ozone (O3) are almost the same as the ambient air quality standards set by US EPA, and the standard for lead (Pb) is equivalent to the guideline value set by WHO. Bangladesh is the only country in South Asia which set a PM2.5 standard in its National Ambient Air Quality Standards (NAAQS). Some of the standards for CO, NO2, SO2, and O3 are seen to be more lenient than the guidelines set by the World Health Organization (WHO).2 Table 1 details the updated ambient standards for Bangladesh as of 2005.Table 1. Updated (2005) Bangladesh National Ambient Air Quality Standards vs. WHO Guideline Values and US EPA Standards

Pollutant Averaging-Period Bangladesh Standards WHO Guideline Values (µg/m3) US EPA Standards (µg/m3)CO 8-hour 10,000 µg/m3 (9 ppm) 10,000 10,000

1-hour 40,000 µg/m3 (35ppm) 30,000 40,000Pb Annual 0.5 µg/m3 0.5 -

NO2 Annual 100 µg/m3 (0.053ppm) - -TSP 8-hour 200 µg/m3 - -

PM10 Annual 50 µg/m3 20 Revoked24-hour 150 µg/m3 50 150

PM2.5 Annual 15 µg/m3 10 1524-hour 65 µg/m3 25 35

O3 1-hour 235 µg/m3 (0.12 ppm) - 2358-hour 157 µg/m3 (0.08 ppm) 100 157

SO2 Annual 80 µg/m3 (0.03 ppm) - 7824-hour 365 µg/m3 (0.14 ppm) 20 365

1.8 AQMP resource capacity

Capacity building is one of the most important aspects of any environment related project in most developing countries. Historically, most developing countries, including Bangladesh, have not been able to adequately fund environmental programs. Therefore, they have a long way to go to build capacity in the environment area. With competing demands on government resources, it is not easy to build capacity both in terms of technical and human resources. Therefore, projects like AQMP provide an opportunity to build capacity through real work.

2 Discussion of the ambient standards taken from CAI-Asia’s special report on Bangladesh and other countries in the area.

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1.8.1 DOE career structure weaknesses

Unfortunately, the career structure now offered in the environment department is very poor and the opportunity for career advancement is virtually non-existent. This has created a major impact on hiring and retaining scientists, chemists and engineers which are needed in an air quality program. Such a structure acts as a one way sieve which retains the less competent and less motivated staff while releasing the competent and the ambitious who are eager to find more rewarding and challenging work environments. Radical measures will be needed to redress such a situation and to build sustainable capacity for air quality program implementation.

1.8.2 Issues with ending AQMP

Without the continuing support of the World Bank with the CASE project, or with the Government of Bangladesh providing comparable support, the current air monitoring and on-road vehicle enforcement programs will likely discontinue. In addition, the ability to make substantial air quality progress will probably not occur. If the GoB did decide to continue funding the AQMP without the proposed Air Quality Cell, the ability of the AQMP to adequately monitor air quality in Bangladesh would be seriously marginalized due to the inability of the DOE to recruit, train, and retain, qualified technical experts to operate and maintain the existing air monitoring network under the current personnel rules.

The current staff, for the most part, lacks adequate training to properly operate the state-of-the-art monitoring equipment now in place, and on order. There is no quality assurance/quality control program in place, and most, but not all, of the lower level technical staff do not seem to understand these concepts. These problems are caused primarily by the low wages paid to AQMP technical staff, a lack of training due to a lack of resources to provide training, and the lack of job security by working on a project with a defined limit to its life. These factors are having an unavoidable effect on the morale of the staff, which in turn reduces motivation and work productivity.

1.8.3 Capacity improvements with CASE

With approval of the CASE project, the DOE will be able to purchase equipment needed to improve air quality monitoring, and hire, train, and retain professional staff to perform the work in the recommendations. Furthermore, creation of the air quality cell appears to be the only option available to DOE to enable it to provide the level of salaries and training needed to create a competent staff that is required to perform the sophisticated work of a highly technical program.

1.9 Estimation of resource needs

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It is difficult to estimate the total resources needed to fulfill the stationary source recommendations in this report because the DOE does not have an emission inventory, or a database that can be readily accessed to determine how many sources need to be inventoried, permitted with a clearance, and inspected.

1.10 Health issues identified in the Bangladesh CEA

The World Bank published a Bangladesh Country Environmental Analysis (CEA) in August 2006 (report No. 36945-BD). According to the report, “Up to 10% of respiratory infections and disease in Bangladesh may be attributable to urban air pollution.” The report also states “Unless there is a much stronger program of actions than at present, encompassing major secondary cities as well as Dhaka, urban air pollution will continue to worsen in line with the projected rapid rate of urbanization and rising incomes.” The report further states “Respiratory infections and disease account for a greater share of death and sickness in Bangladesh than diarrhoeal disease…”

It seems clear to the authors of this report that Bangladesh has very serious urban and indoor air quality problems that need to be resolved, and that the institutional mechanisms to do that effectively are not currently in place.

2. OBJECTIVES OF THIS STUDY

2.1 Institutional assessment

To support development of AQMP II/CASE a consultant was hired to undertake an institutional assessment of urban air quality management (UAQM) in Bangladesh. This report constitutes the assessment.

2.2 Environment Conservation Act, 1995

The driving force for clean air in Bangladesh comes from the Bangladesh Environment Conservation Act, 1995 (ECA-1995) where the title states “An Act to provide for conservation of the environment, improvement of environmental standards, and control and mitigation of environmental pollution.”

The Act creates the Department of Environment (DOE). The DOE mission statement is:

“To help secure a clean and healthy environment for the benefit of present and future generations, through the fair and consistent application of environmental requirements, supported by direct action on critical environmental problems that demonstrate practical solutions, and that galvanize public support and involvement.”

2.3 Environment Conservation Rules, 1997

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To support the Act, the Environment Conservation Rules, 1997 (ECR-1997), were enacted. The rules contain requirements for sources of air pollution, and other environmental contaminants, to obtain a Clearance before a pollutant source can be built or modified. The Rules also enumerate many environmental standards for specific sources of emissions, e.g., brick kilns, coal fired power plants and cement plants to name just a few.

This report was developed with these key requirements in mind.

2.4 Terms of Reference

Six tasks were specified in the Terms of Reference for this assessment. They are:

Task 1: Review the current and proposed institutional setup for UAQM . The consultant will review the existing institutional setup for UAQM in Bangladesh. He will review the plans for creating an “Air Quality Cell” at the DoE that have been formally conveyed to the World Bank in the context of AQMP II, including the allocation of staffing, resources, and work program for the same.

Task 2: Assess the capacity building needs for developing “action plans”: Based on an understanding of the current and proposed institutional structure for UAQM, the consultant will assess the needs for institutional strengthening in terms of the capacity of personnel and resources required to undertake the development of action plans, particularly for critically polluted areas.

Task 3: Assess the need for revision of rules for stationary sources. It is known that stationary sources have not been well regulated in Bangladesh, and one of the components of AQMP II focuses on them. The consultant will review the existing rule / standards for the major stationary sources that are known to affect urban air quality in Bangladesh (e.g. Brick Kilns). He will highlight the kinds of revisions needed, and make recommendations for the same. He will also assess the institutional needs in order to implement / enforce the recommendations.

Task 4: Assess the role of partners within and outside government. Given the institutional capacity, the consultant will provide an assessment of the activities that the DoE can and should be focusing on, as well as what activities can possibly be outsourced to academic/research or other organizations. Examples of activities that can be outsourced include data collation, analysis, and dissemination. There may also be roles for other agencies of government, academic organizations, and industry associations.

Task 5: Coordination between different organizations. Considering that there will be a role of different types of organizations, the consultant should recommend mechanisms for coordination between the different players. These may be based on “good practice” models from other countries, as

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well as the models under discussion for preparing and implementing AQMP II.

Task 6: Staffing and other resource implications. Based on the above, the consultant should recommend the staffing and resource implications of the institutional strengthening needs in the short-, medium-, and long-term. These projections should be complemented with the projections for training and capacity building efforts.

To conduct this assessment the consultant reviewed numerous documents (see Annex 1), conducted numerous searches on the Internet, and interviewed a number of key program people in Bangladesh (see Annex 2).

3. FINDINGS

3.1 Air quality impacts to Bangladesh

The lack of clean air is resulting in loss of life due to high particulate matter, which in turn is having a negative impact on the Bangladesh economy. According to the 2006 CEA, the cost of environmental degradation due to indoor and outdoor air pollution is approximately 1.9% of the Bangladesh Gross Domestic Product. The problem is primarily from particulate matter less than 10 microns in diameter that is emitted by mobile sources, stationary sources (industries), and indoor cooking with wood, dung and other biomass fuels.

3.2 Organizational structure problems

The current air quality management program in Bangladesh is in the development stage and not effectively cleaning the air within and around the polluted cities of Bangladesh. One key problem at this time is that several components of the air program are being implemented by several different agencies.

3.3 Reasons for restructuring air quality organization

The air quality management program should be restructured into one comprehensive program because:

The program is fractured in that it is being implemented in pieces within different areas of government.

There is a national government structure that prohibits, or seriously impedes, the ability of a highly technical arm of government from being able to pay high enough salaries to recruit, retain, and adequately train technical staff.

The current budget does not come close to providing enough resources for the work needed to conduct an effective air quality management program.

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There is very little focus on air quality management in the current government structure.

There is no computerized air quality management data base, which makes it nearly impossible to know what is going on with stationary sources of air pollution, and which will become a major problem once all the CAM stations are operating

The public is not aware of the magnitude of the air pollution problem, does not know how to address their concerns to the government when they have concerns, and important information about the seriousness of Bangladesh air pollution has been intentionally withheld from them.

3.4 The current air quality management programs include:

Ambient air quality monitoring for all criteria pollutants in the AQMP

Road side motor vehicle emission testing for smoke and total hydrocarbon in the AQMP

Road side motor vehicle testing for smoke and total hydrocarbon in the Dhaka Division

Road side motor vehicle testing for smoke in BRTA

Facility clearances issued in DOE under a Technical Director for air emissions along with water, waste, and other environmental media

Facility inspections in DOE under a Technical Director for air emissions along with water, waste, and other environmental media

Emissions testing of source stacks on an occasional basis in the DOE laboratory

Monitoring for excessive particulate matter at the property line of facilities in the DOE laboratory to assist in enforcement actions

Enforcement programs in Bangladesh Division offices that can overlap with what is being done by DOE Dhaka Division and the AQMP.

3.5 Benefits and problems with current organization structure

One of the distractions within DOE for comprehensive air quality management is that the air program environmental analysis, facility clearances, facility inspections, and enforcement is combined with DOE’s environmental analysis responsibilities for protection of water, waste and other environmental hazards.

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The coordination of these programs is positive in that those responsible for the media can prevent control of one problem from affecting contamination in another area. For example, a scrubber to reduce particulate emissions can generate waste water and solid waste. Unfortunately, the way these programs are currently structured, the individuals performing the work must be knowledgeable in all environmental media; something that is neither practical, and in most cases not possible.

It takes a rare individual to be able to have the education, training and experience to effectively regulate all businesses for all environmental media. In addition, the job is also impossible from the standpoint that the individual must balance his or her time to ensure each environmental media is properly and thoroughly reviewed. Given the lack of adequate resources within the DOE to perform their mission, this is just not possible; especially when water pollution is also such a huge, visible problem in Bangladesh.

3.6 Indoor air pollution and global warming

Currently, there is no program to address indoor air pollution or global warming mitigation. These are both serious problems for Bangladesh and should be addressed somehow. Since they are both related to air quality, it might be best if they reside within the program that is dealing with ambient criteria pollutants.

3.7 Air pollution public outreach and education

Also lacking in the government is a program to educate the public about the seriousness of the air quality problems, and how to effectively deal with these problems. A public outreach and education program can help change this so the public can take protective measures on their own (e.g., staying indoors on bad air quality days) and helping to solve the problem (e.g., better ventilation in cooking areas).

3.8 Comparison of program with other countries

It is perhaps useful to compare air quality programs in other countries with Bangladesh. Table 2 makes this comparison with eight other countries in Asia. This comparison is somewhat subjective. The consultants examined air quality and environmental agencies in each of these countries to learn which programs were being currently implemented, or updated and improved, or non-existent. The nation’s clean air legislation was also examined to learn more on what program activities will need to be implemented in the future to meet the requirements of such legislation.

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TABLE 2. COMPARISON OF AIR QUALITY PROGRAMS IN OTHER NATIONS WITH BANGLADESH PROPOSED PROGRAMS3

3.9 Analysis of the Country Comparisons

3.9.1 In general, those countries with very large populations and resources (China, India) had established air pollution control programs for several decades and thus had on-going programs in all eight program categories. They frequently based their programs on countries that are generally recognized as leaders in air pollution control – the European Union, United States, and Canada. Not surprisingly, these countries frequently provided financial and technical assistance to help establish and implement comprehensive air pollution control programs.

3 With the exception of Myanmar, most of the information from this table was derived from the Asia Development Bank’s Country/City Synthesis Reports on Urban Air Quality Management in Asia. The Myanmar analysis background can be found at: http://sunsite.nus.edu.sg/apcel/dbase/myanmar/reportmy.html#nep. The report is entitled “Preliminary Assessment of Myanmar's Environmental Law “ Alan K.J. Tan, Faculty Of Law, National University Of Singapore

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http://sunsite.nus.edu.sg/apcel/dbase/myanmar/reportmy.html#nep

3.9.2 The next level of countries (Thailand, the Philippines, and Indonesia) had ongoing programs in four to seven of the eight program areas. They generally have also had considerable financial assistance from donor countries and multilateral development banks to establish their programs, particularly in technical areas such as air monitoring, motor vehicle and fuel standard setting, and public information/outreach.

3.9.3 Finally, countries such as Pakistan, Viet Nam, and Myanmar, have not yet made air pollution a high priority and thus only fully meet the program in two or less areas.

3.9.4 Another characteristic of these country comparisons is that those countries which have Clean Air legislation (India, China, Thailand, and the Philippines) are generally in the top tier of meeting the program areas. This is quite understandable as the ideal air quality program areas as recommended in this report are generally based on good practices resulting from national air legislation. As noted in Annex 3 of this report, it is highly recommended Bangladesh begin taking steps to enact clean air legislation, even if it requires more gradual phase in than in some other more developed countries.

3.9.5 The following briefly outlines the major findings in each of the eight program areas from the countries reviewed in Southeast and East Asia.

Monitoring Programs – Monitoring networks are extremely important to assure that air quality programs are progressing to improve the quality of life in the nation. Three of the eight countries have well established networks, while three more are presently strengthening their limited monitoring programs. Neither Pakistan nor Myanmar has national monitoring networks.

Air Quality Planning – Perhaps the most important of any of the eight program areas is that of establishing a comprehensive plan for attaining cleaner air in the country. All those countries having Clean Air acts have well-establish planning programs. In fact, only Viet Nam and Myanmar lack such a program. Bangladesh also lacks an overall planning program at the national level, though strides have been made to develop such a strategy through the AQMP program.

Motor Vehicle Emission and Fuel Standards – Emissions from transportation sources have generally been given high priority in developing nations that often have rapid growth in urban areas, both in population and motor vehicles. The World Bank has been a special leader in encouraging countries to remove lead from gasoline, thus allowing new vehicles to meet EURO or U.S. emission standards through use of improved catalytic converters. Six of the eight countries, as well as Bangladesh, have fully operating motor vehicle pollution control programs. And, Pakistan is actively pursuing such controls as well.

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Development of air quality rules – This program area was slightly more difficult to evaluate without extensive discussions with the various country’s environmental staff. Rules to implement national laws are in effect in six of the countries studied. It is very important that countries constantly upgrade their rules to account for new developments in technology or additional areas needing control.

Clearance for Stationary Sources – Four of the eight countries evaluated have active clearance or permit programs for construction and operation of stationary sources of pollution. Two other countries are able to regulate some of their new sources through Environmental Assessment requirements. Neither Pakistan nor Myanmar have efficient clearance or permit programs.

Enforcement – Along with planning, enforcement programs are essential for air quality improvement. No matter how stringent the rules or air quality standards may be, they are of little use if not diligently enforced. Only three countries that could be deemed to have fully implemented control programs were found. Nearly all the rest, including Bangladesh, were in the process of upgrading their enforcement efforts.

Public Information and Education – With few exceptions, this was the one program area that seemed to be successfully implemented. Of course, public information and outreach is relatively inexpensive and not as highly technical as some of the other program areas. And, active public interest and environmental organizations in many of these eight countries are applying pressure to the governments to improve public information and educational programs.

Information Technology – This was the most difficult to evaluate without more extensive dialogue with air pollution staff in the evaluated countries. With increased use of computers and the internet throughout the world, it would be expected that many of these countries will soon develop comprehensive data networks that can be fully accessible to local officials as well as the general public.

4. RECOMMENDATIONS

4.1 Key recommendation – Air Quality Cell and Environmental Cadre

To resolve the current air quality management organizational problems and create a successful urban air quality management program in Bangladesh, it is recommended that a comprehensive and integrated air quality management program be established within a Cell of the Department of Environment, Ministry of Environment and Forest. The Cell would encompass all air quality-related programs under one Technical Director. Within the Cell there would be several units, and within the units there would be subordinate sections.

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This organizational structure would enable substantially improved coordination of all air quality programs within Bangladesh. Each unit is comprised of common work functions. This structure concept is being used successfully in numerous federal, state, and local air quality programs in the U.S. The structure is flexible to allow for changes in program emphasis and workload changes. For example, if the Clearance and inspection workloads grow substantially, the Engineering Unit could be divided into two units with enforcement becoming the new unit, and all enforcement related activities contained within the enforcement unit. The one component that does not change is having all air quality work under one technical director.

The other component necessary to make the air quality program work in Bangladesh is to have a professional environmental cadre in the AQC. The current structure provides inadequate pay for highly technical positions, provides almost no vertical growth, and provides little to no training for the programs and instruments that are highly technical and constantly changing technologically.

While the cadre may take time to create, efforts to create it should begin as soon as the Cell is created. In the long term, it is these two changes that will have the greatest benefit for the Bangladesh air quality program.

4.2 Alternative organization structures

There are other better organization possibilities to a Cell that were identified, but it would require a change in law to allow those to happen. A good example is the Bangladesh Atomic Energy Commission (BAEC). In the BAEC it is possible for qualified technical staff and scientists to have a career ladder to rise on, making a career in government at the technical level both possible and desirable, and with competitive salaries.

4.3 Clean Air Act

To develop a proper guidepost for air quality management in Bangladesh, the government should adopt a Clean Air Act that specifies the policies and timelines for cleaning the air in polluted areas, and establishing the legal authorities needed to achieve the goals. This is one of the most important policy actions the government can take to focus attention and resources onto the air pollution problem. There are many examples of such acts in other countries, and some of those have been reviewed to develop a guideline for how to develop such an act in Bangladesh. The Clean Air Act guidelines are detailed in Annex 3.

Unfortunately, adopting a Clean Air Act is a long-term project that must be taken through a long, and well thought out, political process. Therefore, in the meantime the DOE should continue operating under the current Environmental Conservation Act, and where needed and possible, encourage the GoB to adopt interim policies, rules, and laws, to assist with implementing as many of these recommendations as possible. For example,

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it might be possible to enact a rule or law that would make possible the funding proposal described below.

4.3 Funding

It is recommended that a stable source of dedicated funding be found for the Cell. The primary purpose for having a dedicated funding source is to avoid competition for scarce general revenue funds. Another reason is to have those who contribute directly to the air pollution problem pay for cleaning up the problem. There are several feasible fee concepts to create this fund. All are based on “the polluter pays” premise. The potential sources of revenue are clearance application fees, clearance renewal fees, a motor vehicle “clean air” fee, and a “clean air” tax on motor fuels. The revenue from these fees should be designated for the Air Quality Cell to ensure a stable budget for the future.

4.4 Working relationships with universities and consultants

The current air quality program is lacking in adequate technical resources needed to perform much of the work being suggested in this report. Therefore, the AQC should establish strong working relationships with consulting firms that can support the efforts, especially in the early stages. The AQC should also establish working relationships with local technical universities to assist with the technical work needed during start up, and perhaps on a long-term basis.

4.6 Use of staff and resources from other governments and organizations

The AQC should evaluate the feasibility and cost of hiring contract personnel from mature air quality organizations and using on-line training and resources to train their staff.

For example, the California Air Resources Board has a formal training program that is being used by many of the other 49 states to train their staff in many different subjects. They provide this training at cost. A list of current courses can be found at www.arb.ca.gov/training/training.htm. Not all these courses can be provided on-site, but many can.

The Air & Waste Management Association puts on training via the Internet. These programs can be watched anywhere in the world. Their web page is www.awma.org. The Association also has online resources that may be helpful to the technical staff.

The Clean Air Initiative-Asia (CAI-Asia) is another good resource for training, technical information, and basic technical resources which are directly applicable to countries in Asia. Its web site is http://www.cleanairnet.org/caiasia/1412/channel.html.

Information on programs in other countries can be found on the Clean Air Initiative web site, http://www.cleanairnet.org/cai/1403/channel.html.

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http://www.cleanairnet.org/cai/1403/channel.html

http://www.cleanairnet.org/caiasia/1412/channel.html

http://www.awma.org/

http://www.arb.ca.gov/training/training.htm

Each of these web sites provides substantial technical information on air pollution control technologies and techniques.

Whether the AQC uses CARB or staff from some other organization that provides training, it will likely be less costly to bring the trainer on-site when large classes are desired than to send staff far away for training. Since it is proposed to increase the staff from its current level to one that can perform better service, and since the existing staff has not received very much training, it is highly recommended that a formal training program begin soon to enhance the staff’s technical capabilities.

5. AIR QUALITY PROGRAM STRUCTURE SUMMARY

5.1 Air Quality Cell overview

A comprehensive and integrated air quality management program would contain the following programs under one director. Each program would be within a Unit that would have a deputy director or principle scientist knowledgeable in the field he or she would be managing. It is possible, especially in the early stages of building the program, to consolidate some of these programs under one deputy director or principal scientist. For example, Enforcement and Clearances could be together for some time since each requires staff with the same technical skills, preferably a degree in engineering. However, once the programs grow, they could be separated, if needed, to be better able to manage and focus the workload of each program.

5.2 Brief summary of each recommended program for the AQC.

5.2.1 Technical Services

Ambient air quality monitoring Special air quality technical studies to identify localized air pollution

problems Emissions tests of industrial facilities to measure pollutants being

emitted from their stacks and chimneys (source testing) Pollution forecasting

5.2.2 Planning and Research

Emission inventory Air quality modeling Control measure analysis for cost-effectiveness and cost-benefits Short and long-range air quality improvement strategies (often

referred to as an Air Quality Management Plan, or AQMP)

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5.2.3 Motor Vehicle Emissions & Fuels Controls

Establish motor vehicle emission standards for all new vehicles Establish standards for motor vehicle fuels Establish in-use vehicle emission standards for BRTA to enforce for

registration purposes and for the air quality cell enforcement staff to enforce in roadside inspections

5.2.4 Rule Development

Drafting rules to implement control measures adopted in the air quality strategies

Reviewing existing rules to determine how they can be improved Developing detailed cost-effectiveness analyses of proposed rules Holding public workshops on proposed rules Presenting proposed rules to the appropriate authority for adoption

5.2.5 Clearances for Stationary Sources

Sole authority to issue or deny applications for all new air pollution emission sources and proposed changes to existing emission sources

Analyze public health impacts due to toxic air contaminants emitted by stationary sources

Best Available Control Technology (BACT) analyses for new sources Environmental analysis of proposed and existing air pollution sources

5.2.6 Enforcement

Conduct inspections of stationary sources for compliance with regulatory and clearance requirements specific to each source/industrial facility

Initiate legal actions for violations of requirements Investigate complaints of air pollution Conduct in-use motor vehicle inspections in major cities

5.2.7 Public Information/Education

Develop outreach programs to educate the general public about air pollution; its effects on human health, and measures individuals can take to help improve air quality

Develop education programs for schools to educate children about the effects of air pollution on their health, and measures they and their parents can take to improve air quality

Work with TV, radio stations and print media to broadcast public health messages about the effects of air pollution on public health, and what individuals can do to improve air quality

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5.2.8 Information Technology

Develop a computerized combined database for clearances, emissions inventory and inspections

Develop a computerized database for air monitoring data to enable proper QA/QC, trends analysis, and pollution forecasting

Enable remote QA/QC procedures on monitoring equipment to reduce the number of technicians needed to run a station

5.2.9 Clean Air Initiative Grants Award grants to NGOs to support outreach programs Award grants to universities to assist with technical programs and

projects Award grants to consultants to assist with technical projects Award grants to cities to assist with public outreach programs

5.3 AQC start-up

Initially, some of these programs might need to be contracted out, especially the ambient air monitoring program and air quality planning. However the long-term goal should be to develop the expertise in house to minimize the costs of the programs and retain maximum control over the design and operation of the programs. For those programs contracted out, the Cell must have qualified staff on board who can oversee, and if needed, audit the contractor’s work.

During the early stages, other programs such as rule development, information technology, and public outreach, might be able to be provided by DOE staff, if DOE has the staff available and if those staff have the expertise to do the work. As with contracted work, work assigned to DOE, or other departments within MoEF, should eventually be transitioned into the Air Quality Cell as need and volume of work justify this change.

5.4 AQC long-term implementation

In the long term, the best delivery of air quality services will occur when all the functions of the AQC are located within the cell. The reason this is so is because the staff will be focused on one issue; air quality. Also, management will be better able to control the priorities of the staff doing the work, whereas if the work is done elsewhere, the director of that organization will control his or her priorities, which may have an adverse effect on the air quality program.

6. RECOMMENDED ORGANOGRAM/ORGANIZATION CHART

A recommended organization structure is shown in Annex 5. There are four units which would be directly under the AQC Director, and one unit that relies on resources that already exist within DOE. The details of each unit are discussed in detail below.

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7. SUMMARIES OF ORGANIZATION UNITS

7.1 Structure overview

The primary components of the air quality program reviewed for this assessment included ambient monitoring, data analysis, rules, clearance, emissions testing, enforcement, planning and public outreach. Also reviewed was the basic structure of where and how the air quality program would fit best within the Government of Bangladesh. Following are detailed discussions on each of these programs. For illustrative purposes only these units of work are referred to as Units. A sub-unit of would be a Section. The DOE/AQC will need to determine the proper titles for these units and subunits to be consistent with their structure of government.

7.2 Technical Services Unit

The Technical Services Unit is the laboratory and field monitoring operations. It would also include a group for measuring emissions from industrial smoke stacks. This unit would conduct all ambient air monitoring activities including data analysis and quality assurance/quality control, conduct special air monitoring studies to identify localized air pollution concerns, and measure emissions from stationary source stacks and chimneys. The emissions testing program would support the enforcement program.

7.3 Planning and Research Unit

The Planning and Research Unit would perform long range air quality studies. This would include developing and maintaining a current emission inventory, performing air quality modeling studies for local and regional impacts, and developing a list of control measures that could be used to create rules to reduce emissions from mobile and stationary emission sources.

7.4 Engineering Unit

The Engineering Unit would issue clearances for all new and modified emission sources, inspect all emission sources that receive a clearance to ensure they are operating in compliance with the terms of the authorizations, and initiate legal action as needed for violations. The Unit would also investigate complaints of excessive air pollution from these sources, and from any other source of pollution affecting communities. The Unit would conduct the on-road motor vehicle testing program, and it would conduct the public outreach program to educate the public about ambient and indoor air pollution. The unit would also manage the clean air initiative grants program.

7.5 Finance and Accounts Unit

The Finance and Accounts Unit would be responsible for the administrative activities of the AQC, including equipment procurement and issuing and administrating grants.

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7.6 DOE Common Resources Unit

Finally, the DOE resources which are common to the AQC would be provided to the AQC by DOE to support to the AQC using its current resource structure for schools, Information Technology, and general staff support.

8. DETAILED PROGRAM RECOMMENDATIONS

8.1 Technical Services Unit

It is envisioned that within this Unit there would be a monitoring section to operate the monitoring stations, a data analysis section to evaluate air quality data and perform quality assurance and quality control tests (QA/QC) on the air quality data, a meteorology section for air quality forecasting, and a source testing section to perform emission tests on industrial smoke stacks.

8.1.1 Ambient Air Monitoring

The purpose of an air quality monitoring program is to determine the levels of pollutants in the air where people live and work. This is done by conducting continuous monitoring of the ambient air for criteria pollutants in all cities where unhealthful air pollution might be present, and conducting special monitoring projects as needed to study localized concerns such as impacts from a congested traffic point, or from a large source of industrial emissions.

The current primary focus of the ambient monitoring unit is installing, operating and maintaining continuous air monitoring stations across Bangladesh in areas identified by the Air Quality Management Project (AQMP) as being important to the protection of public health.

Bangladesh has decided to follow the U.S. EPA ambient air quality standards and monitoring criteria. Therefore, all stations should be operated in complete accordance with the U.S. EPA’s criteria for ambient monitoring stations as listed in the Federal Register at 40 CFR 58. Such standards dictate criteria for the physical location of a monitor or monitors, their calibration cycles, required conditioning of the monitoring sites, preventative and corrective maintenance standards for quality assurance and quality control, and audit procedures.

It is imperative that a copy of the quality assurance manual and station operating manual be on-site and available to all staff responsible for operating and maintaining the station monitoring equipment. Currently, a soft copy of the manual is on a computer in the AQMP lab office, but a printed copy is not available. Each person working on equipment in the station should be trained on this manual, and re-trained as needed to ensure they are current in their knowledge of the equipment. When equipment is

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changed in a station, the manual must be updated and staff trained on proper use and maintenance of the new equipment.

8.1.2 Special-Purpose Monitoring

Special monitoring projects would be research oriented in their nature, conducted to investigate whether or not certain air pollutants might exist in a populated area. An example of special purpose monitoring might be setting up up-wind and down-wind monitors to analyze the presence of potentially harmful pollutants from an industrial facility. Another example of special purpose monitoring might be conducting analyses of PM filters to determine the presence, or lack of presence, of a compound of concern in a geographical area. These compounds might be suspected from industrial sources, mobile sources, or natural sources.

8.1.3 Data analysis and quality assurance

The Technical Services Unit would be responsible for conducting quality assurance and quality control (QA/QC) of all data reported from all ambient and special purpose monitors. This group would generate reports of the data for use by Air Quality Cell staff, by DOE, and by any other organization within the Government of Bangladesh.

The data would be used to issue daily Air Quality Index announcements to the public. The data should also be available to the public upon request.

The data is critical for knowing the status of air quality within populated areas, and to determine long-term trends in ambient air quality at each station. The Unit should be responsible for preparing air quality trends analyses for each pollutant monitored, by station. The trends analyses should at minimum show monthly averages over a calendar year basis, and ideally on a monitoring-day basis when feasible.

The operation of such stations, and the analysis of their data, are highly technical and therefore require skilled technical staff, including chemists.

8.1.4 Alternatives for performing air monitoring work

There are two primary institutional structures to be considered for conducting the Bangladesh air monitoring program: Doing the work in-house with monitoring section staff or under contract by a professional firm and supervised by monitoring section staff. Both structures will work, and each has its benefits and disbenefits.

The primary benefits of an in-house program are that overall costs will be lower, management can gain immediate access to data, and management can fully control changes to the monitoring program. The primary disbenefit of an in-house program is, at least for the moment, DOE does not have

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sufficient trained staff to set up, operate, and maintain the monitors and generate reports from what data there is.

The primary benefits of a contracted program are it can be up and running with almost no time for preparation, no one needs to be trained by DOE for operations (although staff do need to be trained to do contractor oversight work), and the contractor will be able to hire and train competent staff without being impeded by the current salary problems within the government. The primary disbenefits are higher costs and limited ability to change the program without enduring a change in the contract.

Since the current monitoring staff is not fully trained to operate and maintain the gaseous instruments being planned for use soon, it is recommended that a contractor be hired to ensure continuous operation of the instruments for the near term. This contractor, or a different contractor, should be hired to train the air monitoring staff on the proper use and maintenance of the instruments with a goal for the staff to be fully independent by the time the service contract expires (approximately 27 months after start up of the next generation of instruments).

It is strongly recommended that once the Cell has adequate resources all continuous monitoring data should be sent automatically or on a routine basis by landline or Internet connection to the monitoring laboratory. This will allow the laboratory staff to quickly perform QA/QC procedures on the data to ensure the instruments are operating properly, and will make the data readily available to decision makers and to the public.

8.1.5 Audits

An independent audit of each analyzer should be conducted at least once each year. These audits can be performed by sampling gases from a cylinder that is numbered and controlled by an outside lab, but the gaseous values must not be known to the Air Quality Cell staff.

It might be possible to contract with a local university to conduct this audit. Another option is to hire a firm that specializes in ambient monitoring and therefore could perform an independent audit of the instruments and the program so long as it is not the same firm that is operating the instruments for the AQC.

8.1.6 Emission testing of facility stacks and chimneys

Technical Services Unit should also be the home to a source testing program. Source testing is necessary to measure emissions from industrial smoke stacks. It requires special equipment that is highly technical in its design, and needs to be used often for the equipment operators to maintain their proficiency with the equipment, and with the procedures used to measure stack gasses. Due to the technical nature of the equipment, and its need for constant calibration in a laboratory, this program would be well placed in the laboratory.

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8.1.7 Air pollution forecasting

Air pollution forecasting is a difficult task, but one that is needed if the public is to be informed in advance of air quality index levels that are expected to be unhealthy. The index does not have much value if it is broadcast after the fact. With proper training, a meteorologist can forecast air quality levels much like the weather is forecast by using special models to help analyze how specific weather patterns will affect air quality levels. A meteorologist can also provide assistance to air quality modeling exercises.

8.1.8 Technical Services staff resource estimates

A highly technical individual such as a senior chemist or scientist should lead the Unit. The staff operating the monitoring equipment must have a strong technical background, and be well trained in the operation and maintenance of the equipment. The staff conducting the data analysis and quality assurance should be trained and experienced in mathematics, or a relevant physical science. The staff performing the source testing should have strong technical skills and training. Each source test team leader should be at the junior engineer or junior chemist level. The AQC will need at least one meteorologist to perform forecasting for potential air quality levels, and to announce in advance expected air quality index levels where data exists to do so.

With proper education, training and experience, it is possible for one well qualified instrument technician to perform all preventative maintenance, and limited corrective maintenance, on two stations, provided the stations are located a reasonable distance from each other, and from the office/lab location of the technician. In addition, several specialists will be required to perform QA/QC on the data on all the stations in Bangladesh, and several more specialists will be needed to maintain the database of all this data to forecast trends and track air quality history at each station. The total number of monitoring staff required to run the air monitoring network is directly related to the number of stations, the number and type of instruments in each station, and the location of the stations relative to where the staff are stationed.

Emission testing should be performed as often as one team can work to maintain proficiency with test procedures and the equipment. Either a junior chemist or junior engineer should lead the team. Typically, a 2-3-person team can perform at least two tests per week, which includes an on-site review of the facility to be tested, developing a test protocol for each source to be tested, conducting the test, and preparing a report. Ideally, a superior who has good technical skills, either an engineer or a chemist should review the report. An engineer has the advantage of being able to see where flaws might exist with process information, and a chemist has the advantage of being able to see where flaws might exist with the analytical procedures. A good knowledge of both processes and analytical procedures is a must in a source test program.

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8.2 Planning & Research Unit

The key to solving any air quality problem is proper planning and research. Air quality planning starts with a good air quality data base to identify what the problems are, followed by a series of planning exercises to mitigate the problem. Using the inventory and air quality data base, estimates of necessary emission reductions can be made. Those estimates are then turned into control strategies to reduce the needed emissions from existing stationary, area, and mobile sources.

8.2.1 Emission inventory

First and foremost in planning is a good emission inventory. Without an inventory, it is difficult to perform accurate modeling assessments to determine which pollutants should be controlled, and in what magnitude, to meet health based air quality standards. Once the pollutants and the magnitude of the pollutant reductions are identified, an analysis of all the important sources of emissions must be conducted to determine which measures will most cost-effectively reduce emissions to meet the air quality standards.

The inventory is performed by taking surveys of businesses that emit pollutants, modeling and other estimates for mobile source emissions, and usually using economic factors to estimate area sources such as paint, gasoline, and other consumer products usage.

Performing air quality planning requires a thorough understanding of emission inventories, air quality modeling, and emission control strategy analyses for mobile, stationary, and area sources of nonattainment emissions.

Based on current knowledge about Bangladesh air quality, it is possible that only an inventory of sources of particulate emissions will be required, especially in the early stages of planning. However, if it is found that air quality exceeds one of the gaseous standards, ozone, sulfur dioxide, carbon monoxide, or nitrogen dioxide, then a more comprehensive inventory will be required. Also, an inventory of NO2 and SO2 may be required to find PM2.5 reductions from sources of nitrates and sulfates.

The mobile source inventory needs to be developed in concert with BRTA since they have the vehicle registration information. Using the registration information to determine the vehicle fleet mix, and roadside tests to estimate in-use emissions, it should be possible for a specialist in mobile source emissions to perform an inventory of mobile source emissions.

An area source inventory, which will be important if ozone standards are exceeded, can be developed using economic factors, plus sales data from manufacturers and wholesalers. Area sources include volatile organic

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compounds such as gasoline, paints, pesticides, fertilizer, and other products which when used or transferred can emit harmful air contaminants.

In time, with development of competent staff and with sufficient training, it should be possible for the planning staff to conduct their own emission inventory. An inventory is a dynamic process. Emissions are never stable due to changes in the economy and changes caused by implementation of emission reduction control measures. Therefore, an inventory should be updated on a periodic basis.

8.2.2 Air Quality Modeling

It is possible (and often preferred) to outsource air quality modeling and it is often done by consulting firms that specialize in modeling. It might also be possible for a consultant to develop the emission inventory questionnaire, and help staff send it out to the sources for obtaining their responses on equipment type, process rates, fuel use, and other information needed to develop an inventory.

8.2.3 Planning and Research Staff resources

The staff needed to perform emission inventory and long-range planning work, should have a background in environmental sciences, or a related physical science. Staff needed to perform air quality modeling need a strong background in mathematics, as well as environmental science. A modeler will also need highly specialized training if the AQC decides to run a regional air quality model. A decision on use of a regional model cannot be made until a comprehensive emission inventory exists, along with a comprehensive multi-year air quality data base.

The number of staff needed for planning is difficult to determine at this time. For example, if a decision is made to inventory all sources of emissions in Bangladesh that will require more resources than if a decision is made to only inventory sources of emissions over some prescribed level and estimate the rest. Also, the amount of work needed for control measure development will be a function of what the results of the air quality model shows is needed.

8.2.4 Alternative Planning and Research staff resources

To assist in development of the emission inventory, and perhaps air quality modeling, the AQC should establish a relationship with one or more of the local technical universities to determine how they might use their faculty and graduate students to perform this work, and to train the AQC staff to eventually do the work on their own.

8.3 Engineering Unit

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8.3.1 Clearances

A critical component in an air quality management program is the clearance. This instrument is used by the agency to ensure new and modified sources are going to meet all applicable emission standards when built or modified, and operated. In addition, this is an excellent time to require a new or modified source to be built as clean as possible given current state-of-the-art emission control technology. This process is often referred to as Best Available Control Technology (BACT), or Best Available Technology (BAT) review.

The clearance should be structured in a way that the source is very clear as to what the agency expects the source to meet in terms of emission standards, and how the standards should be met. It should also be structured in a way that the Inspectors know what to look for during an inspection, and how to enforce the emission standards and clearance requirements.

Application forms should be developed that provide all the questions a clearance engineer would need to calculate the potential emissions from a source, or source type, and to determine what would constitute BACT for the source. The kind of information needed on an application would include a list of all equipment that emits air contaminants, a complete description of each piece of equipment, including process rates for the equipment. Stack, or exhaust, information, is crucial to performing emission rate calculations, and when needed, point source modeling.

A tool within a clearance that can help ensure compliance with some clearance requirements is a surrogate standard that must also be complied with. A surrogate standard is a measurement of something that is relatively easy to measure in comparison to an emission standard. For example, a critical parameter of a venturi scrubber is the pressure drop across the throat of the venturi. A good surrogate measurement for a venturi scrubber is the pressure drop across the venturi, which can easily be measured by a manometer or pressure transducer. Similarly, the operating pressure in a baghouse is critical to its performance. In the case of a baghouse, a minimum and maximum pressure must be determined to be able to determine if bags are broken or plugged.

The Engineering Unit should have the capability of performing point source modeling. This capability would be used when there is a possibility for a new or modified source to have a direct impact on people working or living in a downwind area. These impacts might be caused by potential exceedances of ambient air quality standards, or from excessive risks from toxic air contaminants.

8.3.1.1 Clearance section staff resources

The work performed here is all engineering. Consequently, a requirement for being hired should be that the individual must have a degree in engineering.

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It is not likely that the AQC will find engineers trained in air pollution control engineering; therefore, plans should be made to provide this specialized training to the engineers. The number of engineers and support staff needed in this section will be a function of how many sources will be subject to the air pollution clearance program. Since there is no reliable count of the sources, it is recommended that the program be phased in by first issuing clearances to those sources best known to DOE, such as the brick kilns and steel re-rolling mills. For common sources like brick kilns, it is possible to create a template clearance to be followed by each business. However, the sheer number of kilns will require a long phase in just for these clearances.

In the initial stages of the AQC, DOE could continue with the existing clearance process until a replacement clearance program is developed by the AQC. And, it could be transitioned over time from DOE to the AQC as the structure is created for issuing a clearance to each type of business, e.g., brick kilns.

8.3.2 Stationary and Mobile Source Enforcement

8.3.2.1 Stationary Source Inspections & Complaints Section

The air pollution enforcement program for stationary sources is almost non-existent in Bangladesh. The air pollution enforcement program is co-mingled with water, waste and land inspections. Since water pollution is a major environmental problem in Bangladesh, air does not appear to receive much treatment under the current DOE inspection priorities. Additionally, there is not enough staff within DOE to do all the enforcement work required of it, including their air quality work.

The air program needs to strengthen its inspections and enforcement tools to ensure sources subject to the many Clearance requirements and emission standards in ECR-1997 are being complied with. To begin with, sources should be inspected at least annually (more often for large sources) to ensure the emission standards are being met. Without compliance the value of emission standards is diminished, or possibly even eliminated.

To ensure adequate enforcement there should be a dedicated staff of Inspectors trained in industrial sources of air pollution, methods to control those sources of air pollution, methods for enforcing all air pollution standards, and trained in law sufficiently to know what is needed to document a violation for enforcement in the courts.

Source testing, or stack sampling, is the only way to ensure compliance with the stack emission standards in ERC-1997. Source testing is part science and part art. It is a procedure that must be performed on a regular basis to ensure reliable and accurate emission tests. The ability to perform valid tests results from good training and continuous experience conducting tests. The source test program should be set up in the AQC lab.

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Initially, one full time source test team should be adequate to enforce the emission standards. Once the source testing process is well established in the AQC lab, and if workload supports it, more teams should be created. As rules are modified to require fewer emissions on more sources with the use of sophisticated controls, source testing will take on an increasingly important role.

Source test methods should be established for each test type, e.g., particulate emissions, nitrogen oxides, sulfur oxides, etc. The simplest solution to this would be to use US EPA methods since they have been developed over many years, and gone through many reviews to ensure they can provide consistent and repetitive data. The test procedures must be available to staff at all times, and if requested, should be provided to the source that is to be tested. If an alternative set of source test procedures is followed or developed, these need to be well documented and justified, and be available to staff at all times.

8.3.2.2 Motor Vehicle Emissions Testing & Enforcement Section

Motor vehicle emissions are a significant contributor to the air quality problem in Bangladesh, especially in the larger cities. Motor vehicle emissions testing is an important component of a motor vehicle enforcement program to ensure in-use motor vehicles continue to meet vehicle emission standards that are appropriate for them. These standards are never equal to the new vehicle certification standards, and are typically set to ensure a specified percentage of the fleet will fail. The result is that vehicles that are over the new vehicle standard by a small amount will pass, while “gross polluters” will fail.

The Government of Bangladesh has established in-use vehicle emission standards, which are currently being enforced on an experimental small-scale way.

The AQMP is currently conducting random roadside motor vehicle inspections in Dhaka using two test vans. This program is currently developing a database for in-use vehicle emissions in Dhaka. Vehicles are being tested for carbon monoxide, total hydrocarbons, and smoke.

The Bangladesh Road Transport Authority (BRTA) includes some smoke testing in its roadside inspections of motor vehicles for safety and registration compliance. The DOE stated it is also conducting roadside tests. The DOE and BRTA both stated they are conducting roadside testing of motor vehicles for smoke and gaseous emissions.

Ideally, Bangladesh should establish a two-component motor vehicle inspection & maintenance program. The first component would fall within BRTA where motor vehicles would be required to go to a centralized vehicle test facility on an annual or biannual basis. Proof of passing the test should be required as a condition of obtaining renewal of the vehicle’s registration.

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Information gathered during this assessment suggested that this program had been planned, and perhaps partially funded, but not implemented. Since motor vehicles, especially diesel motor vehicles, contribute significantly to high PM levels, and visibility reduction, this program should receive high priority for implementation.

The second component of the vehicle enforcement program would be on-road enforcement performing smoke and gaseous emissions tests. This enforcement program should be conducted only by the Air Quality Cell, and not be split among three different agencies as is now done. This would ensure consistent tests and test data to monitor the effectiveness of the mobile source emission reduction program over time.

The on-road enforcement component should be strengthened by increasing the fines from about US$3, to something higher, especially for repeat violators, so that the in-use standards will be maintained during the active registration of the vehicle.

The AQC should establish an ongoing in use study of motor vehicle emissions to determine whether or not, and how, in use standards should be revised to reflect the vehicle maintenance levels being achieved in practice, and to study how the change in the vehicle fleet due to fleet vehicle turnover is affecting in use emissions.

8.3.2.3 Enforcement section staff resources.

There are a variety of tasks to be performed within this unit, which will result in different disciplines being needed. For example, it would be very useful to have an automotive engineer, or an engineer with an automotive background or interest, to head the mobile sources unit of the enforcement section.

The Inspectors conducting field inspections can have a range of backgrounds. It would be preferable to have some engineers to perform the more difficult inspections at places like power plants and steel mills, while less complex facilities could be inspected by someone with a good technical background in something like environmental science.

With respect to how many staff are needed in Enforcement, it is very difficult to say. As with the Engineering Unit, the number of staff needed for inspections is directly related to the number of sources to be inspected. In addition, the number of staff needed to respond to complaints is directly related to the number of complaints received by the AQC. Furthermore, the number of sources that can be inspected in a day by one inspector is a function of the complexity of the source being inspected. A highly complex source can take a day or more whereas as less complex source can be inspected in less than a day. In addition, the time to inspect a complaint will be related to the difficulty finding the cause of a complaint. Not counting travel time, complaint investigation can take from a few hours to several days to conclude.

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8.3.3 Rule Development

The emission standards in ECR-1997 appear to have been “lifted” from rules existing elsewhere. A complete review has not been conducted of each of the adopted standards. However, a review of the standards for those sources being considered for study in AQMP II (or Bangladesh Clean Air and Sustainable Energy (CASE) Project if this notion is adopted) was conducted. Those sources are likely to be brick kilns, coal fired power plants, steel plants, and cement plants.

The ECR-1997 standards for these sources are listed in Schedule 11 Standards for Gaseous Emission from Industries or Projects, and Schedule 12 Standards for Sector-Wise Effluent or Emission. Property line ambient standards are listed in Schedule 2 Standards for Air.

Following is a listing of the particulate emission standards of current interest for CASE. The standards are shown for normal (N) atmospheric stack conditions (standard temperature and atmospheric pressure):

mg/Nm 3

Power plants ≥200 Megawatt 150Power plants <200 Megawatt 350Brick kilns 1000Cement Plants 250Steel plants

Blast furnace 500

(mg/Nm3 equals milligrams per Normal (standard atmospheric temperature and pressure)

By way of comparison, sample current standards in the US for these same sources are:

Power plants ≥200 Megawatt in Oregon4 0.2 gr/dscfPower plants <200 Megawatt in Oregon 0.2 gr/dscfBrick kilns in Pennsylvania5 0.04 gr/dscfCement plants in Pennsylvania6 0.02 gr/dscfSteel plants

Blast furnace7 0.02 gr/dscf

(gr/dscf equals grains per dry standard cubic foot where “standard” is standard atmospheric temperature and pressure)

4 Oregon Administrative Rules, Section 340-228-02105 Pennsylvania Code of Regulations, Section 123.13(c)(1)6 Pennsylvania Code of Regulations, Section 123.13(b) or Section 123.13(b)(1)7 Pennsylvania Code of Regulations, Section 123.13(b) or Section 123.13(b)(1)

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Power plant emissions were difficult to compare because most jurisdictions, including the US EPA, regulate these emissions on a Lb/MM BTU basis. Without stack gas information it is not possible to compare a mass per unit of volume standard to a mass per unit of energy standard. Given the limited opportunity to make a comparison, it appears that the Bangladesh standard is more stringent than Oregon. However, Oregon has no sources required to meet their standard, and all new sources must meet a far more stringent emission standard than this one. Nearly 20 state rules were searched trying to find a mass/volume standard; Oregon was the only state to show one which is the only reason it is listed. Stack flow information should be gathered from existing power plants so that their emissions can be compared to other technology based standards to determine if there is an opportunity to reduce PM emissions from these sources.

Based on the comparisons for brick kilns, Bangladesh brick kiln emission standards are almost eleven times less stringent8 than those in Pennsylvania. Since brick kiln emissions are a significant source of particulate emissions in Bangladesh, it is clear that substantial improvement can be made to reduce this source of PM emissions.

The cement plant emission standard is more stringent than Pennsylvania, while the blast furnace standard is less stringent than Pennsylvania. This shows that there might be an opportunity to reduce PM emissions from cement plants by requiring more stringent controls based on existing technology. If the emission inventory shows blast furnaces are a significant source of PM emissions it would be useful to conduct further research on technology exists to further reduce furnace emissions.

The calculations are shown in Annex 4.

It is important to point out that the referenced US standards are for existing sources only. Existing source standards are generally referred to as RACT, or Reasonably Available Control Technology. New sources must meet far more stringent standards when built under guidelines often referred to as BACT, or Best Available Control Technology, or BAT for Best Available Technology. BACT and BAT are moving targets. These requirements represent the best possible level of controls that are available at the time a company submits an application for a clearance to either build a new emission source, or to modify an existing emission source. The policy being implemented here is that it is far cheaper to put controls on a source when it is under construction than after it has been built.

As part of the air quality planning process described above, all the emission standards for sources listed in ECR-1997, and which contribute to nonattainment of the air quality standards, should be thoroughly reviewed and updated as needed. There are numerous examples from around the world where stringent rules to reduce nonattainment emissions have been successfully implemented for sources that are the same as or similar to those in Bangladesh.8 See calculations in Annex 4

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8.3.3.1 Rules section staff resources

This work is best performed by an engineer with specialized training in air pollution control engineering. A mechanical or chemical engineer can make the transition to air pollution control fairly easily; however, other engineering disciplines can also be trained in air pollution control. In addition, legal staff will be needed. The legal staff can be “borrowed” from DOE or some other division of the MoEF. The legal staff will be needed to conduct a legal review of proposed rules once the rules staff have done the background work on what needs to be controlled, and by how much.

For the immediate term, if resources allow, a contractor could he hired to go through all the existing emission rules to compare them with emission standards in other countries. This would not eliminate the need for a rule development unit because the standards must still be developed in rule form and be applicable to the industrial setting in Bangladesh. However, it would show where there is a good potential for reducing emissions of concern in a relatively short time period.

8.3.4 Public Outreach and Education Section

A public outreach and education program should be created to inform citizens of the seriousness of air pollution problems in the major cities, and advise them as to what they can do to protect themselves and what they can do to help solve the existing air pollution problems. It should contain elements to both inform the populace at large with mass media campaigns, and educate students in a classroom setting.

Given the number of NGOs in Bangladesh, it would be helpful to enlist the support of one or more of these organizations to get out the word about how air pollution damages health, and in some cases causes death. In addition, the program could inform people how to protect themselves from air pollution. For example, staying indoors when pollution levels are high, or for children, not playing outside during air pollution episodes.

One component of the public outreach program could be indoor air pollution. It is well known that a large number of the poor people cook indoors using wood and dung as fuel whose fumes are emitted directly into the room. A program could be developed to educate these people about the adverse health effects from cooking this way, and suggest ways to reduce their exposure to smoke from wood and dung fires.

Another component for the outreach program could be to educate the public about global warming; what makes it happen and what are the possible consequences for Bangladesh. Since the most significant consequence for Bangladesh will be flooding, it is quite possible that this education program, if it is enacted, would need to be coordinated with other ministries of the government.

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An additional component could be working with local government agencies to train their staff on how to resolve public complaints about air pollution, and how their staff can recognize air pollution problems. The goal would be to link information on complaints and possible violations into the AQC so that action can be taken to resolve the complaints and locally identified air pollution problems.

The outreach program should use all the media available to it. This would include newspapers, radio, and television.

8.3.4.1 Public Outreach and Education staff resources

The staff needed for this function should be good writers who are knowledgeable in marketing and advertising (they are “selling” an air quality message that needs to be “purchased” in principle by the public). They also need to know how to create an education program that would be accepted by and useful for students. In addition, if a decision is made to work with local governments to help them resolve their air pollution concerns, this staff would need to know about local government, and how best to work with them. Finally, the individuals hired for this job should be personally motivated to cleaning up the air. Without a strong personal motivation they will likely not be convincing to the public in their “clean up the air” messages.

To get the message out to the public and schools in a city as large as Dhaka and Chittagong could take 5 or more trained specialists to develop and conduct the outreach programs. Also, it is recommended that the layout and printing of marketing items such as brochures and flyers be done by outside businesses since these items are only developed sporadically unless the MoEF has this resource capability in-house.

8.3.5 Clean Air Initiative Grants

Using Requests for Proposals for projects that would be funded with support by the World Bank, the AQC could develop a competitive process to award grants for projects that would further their mission. Examples of such RFPs could include the following types of initiatives:

Research is needed to identify the sources of pollution contributing to serious air pollution levels in the major cities. At this time the focus has been on a few obvious sources of pollution such as leaded gasoline, 2-stroke baby taxis and brick kilns. However, no studies have been performed on overall air quality to determine the entire mix of pollutants that need to be cleaned up before the cities will meet clean air standards. These studies start with an emission inventory that identifies all sources of air pollution, and their contribution to the problem. The emission inventory can then be used in air quality models to assess the effects of different emission control strategies on local air quality. The modeling results can then be used to assess strategies that will focus on the sources with the greatest contributions

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to the problem, and they can be prioritized in terms of their cost-effectiveness. This work can be done soon by consulting firms that specialize in this type of work, and to a limited extent, by the local technical universities.

The technical universities have limited capacity at this time for teaching air pollution control, and the science of air pollution. The DOE could work with one or more of the local technical universities to see what programs they are willing and capable of developing to train undergraduate and graduate students in air pollution control and the science of air pollution, as well as develop specific training programs to present to the technical staff in the Air Quality Cell.

The AQC could seek out partners in business who are concerned about the local air pollution problems, and are willing to work with government to solve those problems. These individuals or businesses could in turn work with their peers to encourage solutions based on the need to help the community. Individuals and companies that show exceptional leadership working with government to solve air pollution problems could be recognized at a public event where they would receive an award from a high ranking government official, preferably a ministry secretary so that the media will cover the event which will allow other businesses to see the recognition that is being awarded.

The AQC could work with local health officials, universities, and NGOs to develop an education program that will help individuals understand the health effects of cooking with wood and dung in an indoor environment, and promoting less polluting ways to do their cooking. If needed, research should be performed to develop one or more low cost ways to improve cooking indoors, and then find a way to promote use of this in homes, or with the help of grants, subsidize solutions in poor neighborhoods and villages.

The AQC could develop a program of awareness generation and outreach (and perhaps even a training program) to be provided to all local governments that explains what the basic air pollution requirements are that businesses must follow, and identifies ways those officials, and the public, can notify the appropriate AQC official when problems, or perceived problems, are observed. With a brainstorming session this program could increase far beyond the financial resources being made available here.

8.3.6 Air Toxics

As part of its regulatory process, Bangladesh should establish what it considers to be toxic air contaminants, and what the acceptable risks levels are for those toxic air contaminants. Risks are generally measured in per capita terms of 1 or 10 or 100 in a million. There is no hard and fast list for what is toxic, and what levels of risk are acceptable. For example, the US

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EPA has a list of toxic air contaminants, and guidelines for risk levels. The state of California has a broader list of toxic air contaminants. At the local air pollution control agency level within California, there are different levels of acceptable risk, although there is not a great difference between these levels.

What constitutes a risk is a policy decision for government to make. In Bangladesh, it would be appropriate for the AQC to work with the Ministry of Health to determine what risks are important for the country, and then have the appropriate ministry, or perhaps even the legislature, adopt national policies for those risks. There are numerous examples of risk management programs in place to refer to. Also, there are tools in place that are fairly easy to use for anyone familiar with modeling to calculate downwind risks.

8.4 Finance and Accounts Unit

Several of the administrative services for the air quality cell should be done within the cell. The most important ones are purchasing, fiscal management, and clerical support.

8.4.1 Financial management

Financial management within the AQC is important due to the need to track various complicated sources of revenues, prepare budgets for the programs, and track expenditures. If the recommendations in this report are followed, there will be substantial revenue to track from the various fee programs, and from grants associated with the CASE project. There will also be substantial costs to track for the clean air initiative grants programs.

8.4.2 Procurement

Purchasing is important within the AQC because the equipment to be purchased by the AQC is highly specialized and very unique for use in government. Therefore, someone who is close to the use of the equipment should be involved in ordering this equipment. The staff involved in purchasing this highly specialized equipment will need to become familiar with the uses as well as the vendors. Finding the proper vendors, and developing good contractual arrangements, will minimize the long term costs of this equipment, and enhance its longevity.

8.4.3 Clerical support

Direct clerical support is important because the nature of this business generates numerous reports and technical documents, which should be proofed, printed, copied, and filed.

8.4.4 Finance and Accounts staff resources

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The fiscal management team must have strong accounting and financial management skills. The purchasing team must know how to find and contract for highly specialized equipment from many places outside Bangladesh since this equipment is not manufactured in Bangladesh. The staff must also have a good understanding of the World Bank’s grant processes to ensure adequate and continuing opportunities to assist Bangladesh with outside support for its air quality program.

8.5 DOE Common Resources Unit

There are a number of resources available within DOE that might be available to assist the AQC with its mission. Several key resource needs are listed below.

8.5.1 Information Technology

The world of air pollution control is highly technical and generates enormous amounts of data, especially in the air monitoring program. One of the problems encountered in this institutional assessment was the lack of knowledge in DOE as to how many sources of air pollution there are in Bangladesh (or even in Dhaka for that matter), how many have a clearance, how often the equipment has been inspected or source tested, how many sources have been found in violation, what was done with those violations, and where the sources are located, without manually going through paper files, to name just a few shortcomings of the DOE data base.

The GoB has a unique and excellent opportunity to become state-of-the-art in air quality information technology as it starts up the Air Quality Cell. The IT effort should be one of the first programs to get started in the AQC. As part of its startup, there should be a comprehensive needs assessment of the future IT needs within the AQC. This is so the clearances, emission inventory, and inspection program databases can be linked together in one common database. It would be especially helpful if the data base was linked to a GIS data base. It is also important to ensure the air monitoring program will have a strong data base to work from to support its QA/QC program, and to easily provide long-term air quality trends reports. Once the CAM stations are up and operating the Bangladesh air quality database will grow rapidly.

In the US, the technical programs were created before the age of computer miniaturization. This resulted in very costly software programs being developed later on to merge technical programs that were created on paper in isolation from each other. Many areas of the US still do not have a consolidated database for their inventory, permits and inspections. Bangladesh is uniquely situated to avoid this costly problem and do it very effectively with current computer technology.

In addition, the IT section is in a position to create an internal computer network that can connect all AQC staff together. This will allow them to share files, and have access to the numerous databases that will exist once the program is up and running.

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8.5.1.1 IT staff resources

Someone highly knowledgeable in computer systems should coordinate this work. The staff should include software programmers, computer systems specialists, and computer hardware specialists. This group could be supported by contracted services, especially for the development of software to support the operations of the AQC. However, a core group of five or so in-house staff will be needed to keep the systems running on a daily basis. The number of staff needed could be larger if the AQC grows to the size envisioned in the recommendations. The additional staff would be needed to support the increase in computers and computer users.

8.5.2 Penalty settlements

Enforcement will only be as effective as its penalty settlement program. The DOE currently takes legal action against violators of environmental standards. This function could continue to be performed by DOE for the AQC. The work would require close coordination with DOE and AQC staff to ensure penalties adequate for air pollution violations is imposed.

8.5.3 Schools programs

To the extent DOE has existing environmental education programs in the schools, these programs should be coordinated with the AQC to teach AQC developed air pollution education programs in local schools.

8.5.4 Support staff

There are a number of support staff within DOE that coordinate activities with MoEF and other ministries of the government, and with Parliament. These activities should continue in DOE to provide support when needed for the AQC.

9. SATELLITE OFFICES

In discussions with AQMP staff it appears that at least 6 and up to 8 satellite AQC offices need to be established in the larger cities to adequately serve the public and the needs of the AQC. These offices would be used primarily for enforcement (responding to complaints, conducting inspections of facilities subject to air rules, performing stack tests in support of laboratory staff), supporting preventative maintenance of air monitoring equipment, implementing the public outreach programs by working with local governments and making presentations in classes, and other tasks that would benefit the AQC headquarters programs and help local governments with their concerns about air pollution.

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It might be possible over time to have the cities or some or all of the 64 Districts perform some of the air quality work, including responding to complaints, conducting inspections, and taking enforcement action on violations.

10. FEES

A fee, or set of fees, should be established to ensure ongoing financial support for the air quality management program. The fee should be based on “the polluter pays” principle. That is, the fees should be assessed against sources which contribute to air pollution in Bangladesh. The amount of a given fee needs to be worked out so that it is sufficient to support the AQC programs.

10.1 Fees on vehicles

One example of revenue potential is a vehicle registration fee. A US$1 fee would bring in over $850,000 in revenue based on the number of motor vehicles shown by BRTA as being registered in Bangladesh. This amount would clearly support the AQC program at its early stages. There could be several forms of this fee. The more polluting vehicles could be charged more than clean vehicles. Another option is to charge a higher fee for heavy-duty vehicles than for light-duty vehicles. Or for simplicity, the fee could be the same for all vehicles.

Vehicle registration fees could also be used to support a vehicle-scrapping program. The concept of a vehicle scrapping program is to provide a subsidy to the owner of a gross polluting vehicle in exchange for scrapping the vehicle. However this can only work if the vehicle is actually scrapped (especially the engine), something that apparently is not currently done under any circumstance in Bangladesh. However, if it could be implemented it would begin taking the worst polluters off the road right away whereas in the current situation the vehicles are kept “alive” forever. A critical feature of this program is to ensure the engine is actually scrapped.

10.2 Stationary source fees

An estimate of fees from businesses cannot be determined at this time because no one knows how many air pollution sources there are. However, once this number is known, a schedule of fees could be developed that would fully support the stationary source program. There are many fee concepts that could be applied. Following is a list of several. Each has its strengths and weaknesses. There is no one best fee system. Each of the following systems is used successfully in the U.S. In any event, fees should be established for obtaining a clearance for new and modified emission sources, and annual inspections of emission sources.

Fees could be based on the amount of actual emissions from each source. While this is a difficult scheme to implement, it fully encompasses the polluter pays concept.

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A variation of the actual emissions fee concept is to charge fees based on the potential emissions from each source. This number is easier to calculate, and maintains the polluter pays principle.

Another concept is to assess fees based on the type of industry (e.g., power plants, brick kilns, steel re-rolling, cement, etc.). This concept is easier to implement than an emissions based system, but begins to stray a bit from the polluter pays concept. The fees could be established such that higher polluting industry categories would pay more than less polluting industries, but within an industry category larger polluters would be paying the same as cleaner businesses.

Fees could be established based on each piece of equipment being used at a source. For example, within a steel mill there could be one fee for each type of furnace used, a fee for re-rolling, and a fee for treatment of metals where used, etc. The fees could set so that larger emitting pieces of equipment pay more than smaller pieces of emitting equipment. This system strays a bit from the polluter pays principle. It also requires a lot of calculations, but it can be more representative fees based on an industry category in that larger businesses will be paying more than smaller businesses.

Clearance fees could be based on the actual amount of time it takes to process an application, or there could be a flat fee based on the category size of an emission source.

10.3 Clean air fee on fuels

A clean air tax on motor fuel is another way to pay for the costs of the program. For example, in 2005-2006, 2,298,667 metric tons of diesel fuel was sold in the country9. This converts to approximately 2,704,000,000 liters of diesel. To simplify the calculation, a clean air tax of just 1 Poisha/liter would have produced roughly US$386,000 in 2005-200610. This would, by itself, be a solid source of funds for the Air Quality Cell. This option does not take into account how much revenue a same or similar tax would generate from gasoline. Also, diesel sales increased 25.04% in the five-year period from 2001 to 200611, so it is reasonable to expect sales to continue to grow as the population and economy continue to grow.

However, a fuel tax may not be feasible at this time because apparently the Bangladesh owned fuel supply system routinely operates at a loss. There is a possibility that this policy could change in the near future. If it does, and if an additional source of Air Quality Cell funding is needed, this policy option could be examined at that time to determine if it would provide an appropriate and viable source of funds to the AQC program.

9 Bangladesh Petroleum Corporation, per 7Mar07 email from Dr. Nasiruddin.10 Assumes 70 taka per US dollar and a 1 Poisha/liter tax.11 Bangladesh Petroleum Corporation, per 7Mar07 email from Dr. Nasiruddin.

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11. PROGRAM IMPLEMENTATION ISSUES & TIMING

The changes being recommended here are comprehensive and significant. If implemented they will require major changes in how the DOE conducts the Bangladesh air quality management program. These changes cannot be made overnight. In fact, it might not be possible to fully implement some of these changes within the time frame of CASE. For example, planning for a comprehensive Clean Air Act is something that could be started soon, but enactment of such a new law may not be possible for several years, perhaps five or more.

Changing from a DOE Clearance to an AQC clearance, could easily take several years. However, it could be phased in by type of source, such as brick kilns and re-rolling mills. It makes sense to begin where the DOE has the greatest amount of information about its sources of emissions. Brick kilns and re-rolling mills are just two examples of where some useful knowledge exists for important emission sources.

Creating a comprehensive computer database can easily take several years. The important issue for the database is to begin its design as soon as the inventory, clearanceting, and enforcement programs go into the design phase.

While the overall restructuring of the air quality program can take many years, there are a number of actions DOE can take now under the CASE project to begin improving the air Bangladesh air quality management program.

12. ADDITIONAL ISSUES FOR CONSIDERATION BY DOE/MOEF

Lead in gasoline has been successfully removed. However, nothing has been done, and nothing is under consideration now, to evaluate the levels of benzene in the air and what impacts that might have on public health. Since benzene is a recognized toxic air contaminant in gasoline, it is recommended that the Air Quality Cell laboratory, once it is fully functional and staffed, do some hot spot studies for benzene in congested areas.

One possible constraint for adequate enforcement, and thus compliance with air quality rules, is the fines established in the 1995 ECA. The maximum fine for the most serious specified violations is Imprisonment not exceeding 10 years or fine not exceeding 10 lac taka or both (as amended by sec. 7 of Act 9 of 2002). While a 10-year imprisonment can certainly be a deterrent, in practice it is not applied. At current exchange rates, a 10 lac taka fine is approximately US$14,000. Lesser fines are specified for lesser violations.

An enforcement procedure that has worked well in the U.S. is mutual settlement penalties. While the penalties derived from these settlements vary among the states, the procedure for settlement is the

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same. When a business is found in violation of air pollution statutes, an attempt is made to resolve the violation out of court. This procedure speeds up reaching settlements on violations, and reduces court costs for both the agency and the business. Penalties collected in these procedures go into a variety of funds. In some jurisdictions all the funds collected go into the general revenue fund. In other jurisdictions the funds go either into the agency budget, or into a special fund that is used to finance local air pollution clean up projects that would not otherwise be funded. Since the collection and distribution of fines was not studied in this assessment, it is unknown whether or not this would be helpful to the DOE/AQC. However, it would be worth reviewing once the AQC is up and running.

An additional component of an air quality program that can be useful is a Hearing Board. The Hearing Board’s function is to hear appeals from decisions on clearances from both the industry being denied a clearance, and citizens concerned about the issuance of a clearance. The Hearing Board should be small, like an appeals court, and consist of appointees who represent the community. In California for example, each Hearing Board must have one lawyer licensed to practice law in the jurisdiction, one medical doctor practicing medicine in a field that treats patients affected by air pollution (for example, an allergist or a lung function specialist) or studies the effects of air pollution on health (e.g., an epidemiologist), an engineer licensed to practice engineering in the jurisdiction and knowledgeable about air pollution control, and two public members.

India and Pakistan have active environmental courts. Once the AQC is up and running it might be useful to study their court systems to see if some or all of the environmental enforcement components would be applicable to enforcing Bangladesh environmental laws and rules.

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ANNEX 1

AIR QUALITY MANAGEMENT PROJECTTHE WORLD BANK

Documents ReviewedFor The

Urban Air Quality Management Institutional Assessment

February - March 2007Richard Baldwin, Consultant

A Review of Air Quality Management Project, M. Khaliquzzaman, July 2005

Bangladesh Air Quality Management Project (AQMP); Information Note

PowerPoint slide show Strengthening the Institutional Structure of AQM: A Strategic Overview

Bangladesh: Air Quality Management Project, Supervision Mission, October 8-19, 2006, Aide Memoire

Inception Note Template – Bangladesh Country Team

The Bangladesh Environment Conservation Act, 1995 (ECA)

The Environment Conservation Rules, 1997

Impact of Removal of Baby Taxis on Air Quality in Dhaka

Current State of the Mobility of the Urban Dweller in Greater Dhaka; Paper for presentation for 94th Annual Conference and Exhibition of Air & Waste Management Association, June 2001.

Air Pollution Monitoring at a Hot Spot in Dhaka, Final Report; December 2003, S.K. Biswas, A. Islam, and M.R. Mozumder

Bangladesh Environmental Management Project (BEMP); Restructuring the DOE Organisation, March 2003, Final Report

Bangladesh Country Environmental Analysis, vol. 1: Main Report, August 23, 2006

Bangladesh Country Environmental Analysis, vol. II: Technical Annex: Health Impacts of Air and Water Pollution in Bangladesh, August 23, 2006

The Department of Environment and Bangladesh Environmental Management Project (BEMP), DOE Strategic Implementation Plan, January 2003

Country Strategy and Program Update (2004-2006), Bangladesh, Asian Development Bank, July 2003

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For a Breath of Fresh Air; Ten years of progress and challenges in urban air quality management in India, 1993-2002, The World Bank

Bangladesh: State of the Environment 2001, UNEP

Urban Air Quality Management Strategy in Asia; Guidebook, November 1997, The World Bank

Reducing Air Pollution from Urban Transport, The World Bank, June 2004

Reducing Air Pollution from Urban Transport; Companion, The World Bank, June 2005

A Brief Introduction to the Department of Environment (DOE) (date and source not listed on paper provided by Dr. Nasiruddin)

Vehicular Air Pollution Control in Dhaka, Recommendations made by the Consultative bGroup Meeting, Dhaka, April 26-27, 1998, DOE and World Bank

Air Quality Management for Chittagong, Final Report, January, 2007, Steiner Larssen (the NILU report)

AQMP Quality Manual, Leif Marsteen, NILU, 2006 (this is a monitoring station operating manual)

Report on Roadside Vehicle Emission Testing Program in Dhaka, Air Quality Management Project, March 2006

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ANNEX 2

AIR QUALITY MANAGEMENT PROJECTTHE WORLD BANK

Urban Air Quality Management Institutional Assessment

List of ContactsFebruary – March 2007

Dhaka, Bangladesh

Richard Baldwin, Consultant

Sameer AkbarSenior Environmental SpecialistAQMP Project ManagerThe World BankWashington, DC

Dr. M. KhaliquzzamanEnvironmental Scientist (consultant)The World BankDhaka, Bangladesh

Kseniya LvovskyLead Environmental EconomistSouth Asia RegionThe World BankWashington, DC

S. VaideeswaranConsultant, Environmental SpecialistThe World BankNew Delhi, India

Dr. Khandaker Rashedul HoqueDirector GeneralMinistry of Environment & ForestDepartment of EnvironmentDhaka, BangladeshDr. Mohammad NasiruddinDeputy SecretaryMinistry of Environment & ForestDepartment of EnvironmentProject DirectorAir Quality Management ProjectDhaka, Bangladesh

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Md. Abdus SamadDirector (Admin. & Dev)Deputy SecretaryMinistry of Environment & ForestDepartment of EnvironmentDhaka, Bangladesh

Mohammad ReazuddinDirector (Technical)Ministry of Environment & ForestDepartment of EnvironmentDhaka, Bangladesh

Md. ShahjahanDirector (Technical)Ministry of Environment & ForestDepartment of EnvironmentDhaka, Bangladesh

B.U.H. Mst. AkhtaruzzahanDeputy Director (Technical – Lab)Ministry of Environment & ForestDepartment of EnvironmentDhaka, Bangladesh

Md. Shahjahan KhanDeputy Director (Clearance)Ministry of Environment & ForestDepartment of EnvironmentDhaka, Bangladesh

Md. Zohurul IslamDeputy Director (Accounts)Ministry of Environment & ForestDepartment of EnvironmentAir Quality Management ProjectDhaka, Bangladesh

Dr. Md. Abdur RoufDeputy Director (Lab)Ministry of Environment & ForestDepartment of EnvironmentAir Quality Management ProjectDhaka, Bangladesh

Billal HossainDeputy Director (Enforcement)Ministry of Environment & ForestDepartment of Environment

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Air Quality Management ProjectDhaka, Bangladesh

HasibDeputy Director (enforcement)Air Quality Management Project

SwapanBangladesh Atomic Energy CommissionConsultant to Air Quality Management Project

M.A. Muntaseer BillahTechnical SpecialistAir Quality Management Project

Masud Rana – Brick Kiln field trip guideSenior Scientific OfficerMinistry of Environment & ForestDepartment of EnvironmentAir Quality Management ProjectDhaka, Bangladesh(field trip guide for brick kilns, Energy & heavy industry)

Meshkat Ahmed ChowdhuryDeputy Secretary (Admin)Energy and Mineral Resources DivisionMinistry of Power, Energy and Mineral ResourcesDhaka, Bangladesh

Md. Humayun Rashid KhalifaDirector (Engineering)Bangladesh Road Transport AuthorityDhaka, Bangladesh

Md. Nurul IslamDeputy Director (Engg-1)Bangladesh Road Transport AuthorityDhaka, Bangladesh

Umme Hasna AkhteryzzanDD (Lab)Dhaka Division

Mr. Mustafizas RahmanSenior ChemistDhaka Division

Syed Tanveer HussainConsultant to WBDhaka, Bangladesh

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Mr. Shoeb Ahmed, LecturerDepartment of chemical EngineeringBangladesh University of Engineering & TechnologyDhaka, Bangladesh

Iftheker Ahmed Khan, LecturerDepartment of Chemical EngineeringBangladesh University of Engineering & TechnologyDhaka, Bangladesh

Dr. Mizan R Khan, ChairmanDepartment of Environmental Science and ManagementNorth South UniversityDhaka, Bangladesh

Md. Rafiqul IslamExecutive DirectorThe Good Earth(A non-government organization)Dhaka, Bangladesh

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ANNEX 3

GUIDELINES FOR DEVELOPMENT OFCLEAN AIR ACT FOR BANGLADESH

INTRODUCTION AND BACKGROUND

Bangladesh does not have a clean air act or law that specifically addresses air pollution and its management and control. A number of sector-specific policies (e.g., transport and industry sectors) and rules that impact on air pollution, however, have been adopted. The primary legislation instituted to mitigate air pollution is the 1995 Bangladesh Environmental Conservation Act (ECA) and the 1997 Environmental Conservation Rules. DOE, under the Ministry of Environment and Forest, is the key institution primarily responsible for air quality monitoring and management in Bangladesh.

This Annex will provide an analysis of the experience of existing legislation in the form of “Clean Air Acts” in other nations of Southeast Asia as well as briefly examining the structure and success of clean air legislation in the United States and Europe. It will discuss both the importance of specific Clean Air Act legislation to successful implementation of air pollution strategies in a nation as well as explore the basic concepts and goals of such legislation. Finally, it will suggest a structure for a future Clean Air Act for Bangladesh.

Over the past forty years, most developed countries and many in the newly industrialized or developing world12, have enacted some form of legislation to guide their efforts to control air pollution. These are normally in the form of either a “stand-alone” air pollution law (Clean Air Act) or part of a comprehensive Environmental Protection Act. Probably the most complex and far-reaching Clean Air Act is in the United States. It began with a rather short, 9-page law in 1963 and was subsequently modified in 1967, 1970, 1977, and the current law was enacted 17 years ago in 1990. The 1990 Clean Air Act is about 800 pages in length.

In 2001, the European Union enacted the Clean Air for Europe (CAFE) Programme. In September, 2005, the European Parliament and Commission adopted CAFÉ as a directive for ambient air quality and cleaner air in Europe.

In Southeast Asia, many countries around Bangladesh have enacted, or are planning to enact, specific air pollution legislation. India implements its clean air programs under the framework of the Air (Prevention and Control of Pollution) Act of 1981. In 1986 India adopted a broader Environment (Protection) Act to coordinate both the air and water laws of the country. In 12 Sometimes defined as Economies in Transition (EIT)

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2002, the Supreme Court of India mandated “action plans” in the 53 cities that were not meeting the air quality standards. China has had an Environmental Protection Law since 1989 and expects to update it shortly. Thailand operates under the Enhancement and Conservation of the National Environmental Quality Act of 1992.13 Pakistan, Indonesia, and Viet Nam are all in the process of enacting clean air legislation. Perhaps the most comprehensive of Clean Air Acts in Southeast Asia was enacted by the Philippines in 1999. It was modeled on the U.S. Clean Air Act of 1990. It is somewhat unique in Asia as it uses the “airshed” concept to develop plans and rules to achieve cleaner air.

More details on the various clean air acts described above is contained later in this ANNEX.

IMPORTANCE OF CLEAN AIR LEGISLATION

The development and enactment of legislation specifically designed to control air pollution can be a very significant factor in leading to a cleaner environment in a nation. While some protection is provided by various health edicts, local and “state/provincial” rules, a comprehensive legal basis for the nation’s air quality program is of great importance. Clean air legislation, such as that in the United States, frequently delegates much of the day-to-day responsibilities to the sub-units of government. In Bangladesh’s case, this might be the six administrative divisions of the country and/or the major city corporations such as Dhaka, Khulna, and Chittagong. These decisions in developing the structure of a Clean Air Act should be initially based on the level of expertise and regulatory powers of the Divisions or cities. The landmark U.S. 1970 Clean Air Act recognized that one state in particular, California, had already enacted extensive laws and rules to control air pollution from both stationary and mobile sources in advance of the federal law’s enactment. Accordingly, several exceptions were granted California to allow it to go beyond the federal guidelines and continue a more aggressive program to clean its air.

Another important reason to enact national clean air legislation is to provide certainty to industry, business, and the citizenry on what will be required to attain healthy air in the nation. Otherwise, different areas of the country may have different approaches and degrees of pollution control. In some cases, this might result in competitive advantages to a city or region in securing future business and industrial facilities.

BASIC CONCEPTS AND GOALS FOR CLEAN AIR LEGISLATION

Creation of national clean air legislation generally applies several basic concepts and goals. Several national air pollution laws were reviewed for this report, both from countries in Asia as well as the United States and

13 Enhancement and Conservation of the National Environmental Quality Act of 1992, B.E. 2535, March 29, 1999

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Europe. As a result of this review the following basic concepts are suggested:

Setting of national health standards to measure accomplishments

The citizens of a country should all be provided equal protection from the health impacts of air pollution. Considerable research has occurred on the health effects of many air pollutants and guidelines on ambient levels of these pollutants have been established and revised. The World Health Organization has perhaps the most extensive and most used set of air quality guidelines. These guidelines indicate the level and exposure time at which no adverse effects on human health are expected to occur. Using these guidelines, many countries have established their own national air quality standards to primarily protect human health. Bangladesh originally set ambient air quality standards in 1997, and then updated them based on World Bank recommendations in 2005. The standards are for PM (PM10, PM2.5), NO2, SO2, CO, and ozone (O3).They are the same as the ambient AQ standards set by US EPA, and the standard for Lead is equivalent to the guideline value set by the WHO. In fact, Bangladesh is the only country in southern Asia to have a PM2.5 national standard. In summary, the enactment of specific clean air legislation in Bangladesh to implement programs to meet these progressive air quality standards is desirable.

Identify those areas of the country that do not meet the health standards

Nearly all clean air laws around the world establish a systematic program to identify those areas of the nation that currently have ambient air for one or more pollutants that exceeds the national air quality standards. These are generally deemed “non-attainment” areas or regions. In more complex legislation, such as in the United States, the amount of exceedance of the standard determines both the attainment deadline and the level of control rules that need to be imposed upon the region. For example, annual PM10 levels in Dhaka were nearly 3.5 times the country’s annual PM10 standard of 50 micrograms per cubic meter. Direct comparisons are not currently possible in most other cities in Bangladesh as monitoring stations still record total suspended particulate (TSP) rather than sizes of particulate matter. However, it would appear that all of the major cities in Bangladesh exceed some ambient standards and thus need rules and strategies to bring their air into compliance with the standards.

Development of plans or strategies (rules and actions) to meet standards by a time certain

An important concept in clean air legislation is that of developing both national and specific regional strategies to bring non-attaining areas into compliance as well as to protect areas already meeting the standards. These are generally called “implementation plans” and consist of a collection of rules that the nation, or individual District or City will use to clean up

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polluted areas. In the United States and in Europe, individual states and countries have been given primary responsibility in developing those plans. This allows more flexibility to the problem city or region, but the ultimate outcome is still to meet the national air quality standards by a specified date. Generally, the national air or environmental agency must give final approval to these plans. In many cases, the agencies developing the implementation plans will need financial and technical assistance from the national agency.

There need to be rules for both stationary and mobile sources of pollution. While control of air pollution from stationary sources is frequently best conducted at the local level, mobile sources often need motor vehicle emission standards, fuel standards, and other programs best established at the national level.

Finally, many countries have set specific emission limits for hazardous pollutants and specific types of industries. These are generally a national minimum standard with individual State or Districts imposing more stringent limitations to bring their more serious pollution under control.

Set enforcement mechanisms, including specific rules, for both mobile and stationary sources

It is very important for the national clean air legislation to contain sufficient enforcement mechanisms, and especially legal authorities to assure that the regional and local air pollution strategies can be effectively enforced. While a nation can have very strict air quality standards and rules, unless there is sufficient enforcement resources and the will to use those resources the area will probably never attain clean air. Rules to implement the plans must be carefully drafted and the regulatory agencies must have the ability to independently enforce the rules. A “rule of thumb” in evaluating any control measure for adoption is that it must be “surplus, real, quantifiable, and enforceable.” The national clean air legislation must assure that if enforcement is not adequate at the local level, the national environmental agency and courts can succeed in enforcing the plans. In many countries, the legislation allows individual citizens and groups the ability to ask a federal court to stop the violations and enforce the letter of the law as it applies to the regional implementation plans.

As alluded to above, enforcement is often the weakest link in air pollution control programs in Asian and other developing nations. Probably the most prevalent cause of weak enforcement is weak institutional capacities for implementation of rules and monitoring compliance – all issues addressed elsewhere in this report. Other causes of regulatory weakness include technical expertise, budgets, political leadership, and coordination between various implementing agencies. As a result, there is a shift from “command and control” programs to more flexible and innovative regulatory programs. Examples include market-based approaches, emissions trading programs, and other financial incentives. More and more, these approaches are appearing in national clean air legislation or revisions.

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Establish national clearance program for new and modified stationary air pollution sources

A very basic part of most clean air legislation is establishing a clearance system for existing, proposed, and modified stationary sources. Most national clean air legislation sets up a national permitting or clearance system. However, since most sources are stationary or area in nature, the legislation should allow for States or Divisions of the country to operate a local clearance program under prescribed conditions and with oversight authority. Not only does a clearance provide an enforcement and compliance mechanism, but it can also provide a revenue source for carrying out the clearance review and for other air pollution programs. A clearance system simplifies and clarifies the obligation of businesses to clean up air pollution and, over time, should reduce paperwork. In addition to setting clearance limits on the traditional ambient air pollutants, the system should establish acceptable risk levels for toxic air contaminants.

Clearances should be very accessible to public examination. Furthermore, the sources must be required to monitor their emissions to assure they are complying with their air quality clearance.

The clearanceting aspect of the Bangladesh air program appears to be one of the most essential for upgrading. Recommendations are included in the full report on institutional assessment.

Reduce emissions from hazardous or toxic air pollutants

As attainment of the health standards for the criteria air pollutants becomes more prevalent in countries that have had air pollution legislation for many years, these countries have frequently modified their air pollution legislation to focus on hazardous or toxic air pollutants. In drafting a new clean air act in a country such as Bangladesh, such control programs for hazardous air pollutants should certainly be included. This may even be in the form of a “place-holder” until progress is made on cleaning up the primary or criteria pollutants such as particulate matter and ozone. The 1990 Clean Air Act in the United States lists almost 200 hazardous air pollutants as well as the type of factories that emit such pollutants. The technology that needs to be installed on each type of facility is established under regulations of the Act, and is known as Maximum Achievable Control Technology or MACT. A Toxics Release Inventory (TRI) is included in the toxic air pollutant program. This is a public database that includes information from relevant manufacturing facilities that release such pollutants.

Protection of “clean” regions of the country

While most of the air pollution control efforts and legislation in developing countries such as Bangladesh must focus on improving the health of citizens

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living in nonattainment regions, the concept of protecting areas currently within the health standards from future degradation is an important ingredient of drafting proposed legislation. The 1990 Clean Air Act of the U.S. regulates such “clean” areas through its Prevention of Significant Deterioration (PSD) program. The concept is not to just allow the air to be “polluted” up to the health standards, but to regulate through the clearance program the increments of pollution allowed from new or modified sources. The clean portions of the nation were subdivided into three levels of allowable deterioration. The most stringent level, known as Class I areas, was those areas containing or adjacent to national parks and wilderness areas. Additional increments of pollution in those areas could not total more than 2% of the applicable air quality standard. Class II areas could allow additional increments of air pollution up to 25% of the standards, and Class III areas could allow 50%. Additionally, several major categories of industries had to undergo extensive source clearance applications and approvals in these areas. Finally, nonattainment areas that become attainment under the implementation plans must develop a “maintenance plan” that assures the citizens that the area will continue vigilant actions to limit air pollution even though the air now meets the health standards.

Bangladesh should consider similar programs to protect its more pristine regions as part of any new clean air act.

Greenhouse gases/global warming/climate change

The emission of carbon dioxide and other greenhouse gases (GHG) have been increasingly recognized as impacting the trend toward global warming. While many existing clean air laws have relatively limited discussion and requirements for control of greenhouse gas emissions, most countries are establishing new legislation and/or creating a market-based system to limit carbon emissions. Few countries in the developing world have enacted legislation to curb carbon emissions even though the fastest increasing source of greenhouse gases are from countries such as India, China, and Brazil. The common, and somewhat rationale explanation is until large emitters such as the United States enact legislation, it would be unfair to impose such limitations on emission growth to developing countries. However, with many states in the U.S. now enacting such legislation on their own initiative it is not expected to be too far off before the Clean Air Act is revised to include regulating carbon emissions and greenhouse gases.

The most important sector for causing, and thus reducing GHGs is transportation. It is also often the most important and fastest growing sector of air pollution emissions. Accordingly, legislation and resulting strategies/rules to reduce emissions from the transportation sector can likewise greatly enhance the reduction of GHGs. Research and marketing of new low-fuel intensity vehicles, along with carbon taxes to support truly low-carbon fuels, can lead to stabilizing or even reducing GHGs from the transportation sector.

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It is recommended that Bangladesh assume a leadership role and consider some form of market-based program in its legislation to help offset the growth of greenhouse gas emissions worldwide.

EXPERIENCE IN OTHER COUNTRIES

As part of the review of the need for a Clean Air Act in Bangladesh, the terms of reference directed that a review of the status and key features of similar legislation in other Southeast Asia countries as well as long-established legislation in Europe and the United States be conducted. Following is a brief review of the status of clean air legislation in those countries, beginning with the structure of the U.S. Clean Air Acts and the European Union’s Clean Air for Europe legislation.

United States

As noted earlier, the progression of more stringent “Clean Air Acts” in the United States is perhaps the most successful example of how national legislation can lead to much improved air quality. Although the current (1990) Clean Air Act14 is the most far-reaching and stringent, many legal experts identify the 1970 Clean Air Act15 (CAA) as the model legislation to initiate an active air pollution control program in a nation. The following is a brief outline of the major sections or “titles” of the 1970 and 1990 CAAs.

The 1970 CAA had three chapters or “Titles.” Title I was “Air Pollution Prevention and Control.” Title I had 19 sections that covered research, federal grants to local air agencies, permitting, enforcement, monitoring, setting of ambient air standards, and the concept of developing implementation plans to meet those standards within 7 years. The 1990 CAA has a similar Title I, but divides the Title into four subparts – Air Quality and Emission Limitations, Ozone Protection, Preventing Significant Deterioration of Air Quality, and Plan Requirements for Nonattainment Areas. While retaining the 1970 CAA’s 19 sections, it adds another 53 sections to deal with the more complex set of air pollution control problems that developed in the intervening 20 years. While of relevant interest in developing a new Clean Air Act in a country such as Bangladesh, most of these detailed additional sections could be added at a future date if necessary.

Title II of the 1970 CAA was “Emission Standards for Moving Sources” and had subparts for “Motor Vehicle Emission and Fuel Standards” and “Aircraft Emission Standards.” This was a very important part of the Act as it put in place a 90% reduction in tailpipe emissions that resulted in development of the catalytic converter, fuel standards that resulted in much lower sulfur content and removal of all lead from gasoline, and establishing aircraft emission standards. The 1990 CAA retained the two subparts, but added 5 additional sections for motor vehicle emissions and fuel standards. These dealt with studies of particulate emissions, high altitude standards,

14 U.S. Congress, Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 199015 U.S. Congress, Clean Air Amendments of 1970, Public Law 91-604, December 31, 1970

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compliance program fees, and urban bus standards. The 1990 CAA also added subparts of 10 sections on Clean Fuel Vehicles.

Title III of the 1970 CAA was “General” and contained 15 sections on administrative definitions, citizen suits, emergency powers, and various legal enforcement requirements. The 1990 CAA retained Title III, but added 13 additional sections related to economic impact assessment, modeling and monitoring, employment and labor standards, vapor recovery, and air pollution from offshore oil drilling.

The 1990 CAA added four additional significant titles to the 1970 CAA. These included Title IV, Acid Deposition Control; Title V, Permits; Title VI, Stratospheric Ozone Protection; and Title VII, Acid Precipitation Program and Carbon Dioxide Study. It also added several minor titles related to research, disadvantaged business concerns, and employment transition assistance for employees losing their jobs due to air pollution control requirements of the Act. While several provisions of these additional titles are worthy of consideration, only the Title V Permit program appears important for specifically including in an initial CAA in Bangladesh.

European Union

Individual nations in Europe have had various forms of air pollution laws over the past 50 years. In 1996, the European Union (EU) adopted Council Directive 96/62/EC. This Directive laid down the basic principles of a strategy for:

Establishing quality objectives for ambient air Drawing up common methods and criteria for assessing air quality Obtaining and disseminating information on air quality

In 2005, the European Parliament and Commission adopted the Clean Air for Europe (CAFÉ) program as its directive for ambient air quality and cleaner air in Europe.16 In summary, CAFÉ establishes objectives for air pollution and proposes measures for achieving them by 2020: modernizing the existing legislation, placing emphasis on the most harmful pollutants, and involving to a greater extent the sectors and policies that may have an impact on air pollution. The actual control program is implemented by the member states of the E.U.

This Directive lays down measures aimed at the following: defining and establishing objectives for ambient air quality designed to

avoid, prevent or reduce harmful effects on human health and the environment as a whole;

assessing the ambient air quality in Member States on the basis of common methods and criteria and, in particular, assessing concentrations in ambient air of certain pollutants;

16 Press Release, European Commission, September 21, 2005, Brussels of 67

providing information on ambient air quality in order to help combat pollution and nuisance and to monitor long-term trends and improvements resulting from national and Community measures;

ensuring that such information on ambient air quality is made available to the public;

maintaining air quality where it is good and improving it in other cases; and, promoting increased cooperation between the Member States in

reducing air pollution.

One of the more significant requirements of the 2005 CAFÉ program is the recognition of the importance of PM2.5. As such a new approach to control PM2.5 is required to complement the existing controls on PM10. The proposed approach would establish a concentration cap for PM2.5 in ambient air set to prevent unduly high risks to the population and to be attained by 2010. This would be coupled with a non-binding target to reduce human exposure generally to PM2.5 between 2010 and 2020 in each Member State, based upon measurement data. The directive requires that action plans (similar to State Implementation Plans in the U.S.) should be drawn up indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more relevant air quality standards or alert thresholds in order to reduce that risk and to limit the duration of such an occurrence. Member countries must establish zones and agglomerations throughout their territory, with air quality assessment and air quality management programs carried out in all zones and agglomerations.

Other significant items addressed in the 2005 CAFÉ directive include air monitoring site and assessment criteria, emissions from natural sources, extension of attainment deadlines for up to five years, transboundary air pollution, public information requirements, and sixteen “annexes” providing more specific requirements for implementing CAFÉ.

Along with the U.S. 1990 CAA, the CAFÉ program should be closely reviewed and monitored as part of the process to adopt a Clean Air Act in Bangladesh.

Philippines

The Philippine Clean Air Act of 199917 is a very comprehensive air pollution law, based partially on the U.S. Clean Air Acts. It expands greatly the more general environmental legislation and policies of 1977, and was enacted to focus major air pollution clean-up programs in the larger urban areas of the country. The Philippine CAA divides the entire country into airsheds to facilitate monitoring of the air and progress toward achieving the health standards. Each airshed has a governing board (GB) which functions as a policy and planning organization to complement the regulatory functions provided by national government.In addition, the GB coordinates the actions of other governmental agencies in the airshed, provides a forum to gather input from the public, and 17 Philippine Clean Air Act of 1999, Republic Act No. 8749, June 23, 1999.

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disseminates important information to the public. They also formulate local policies and standards based on the national guidelines. The GB prepares a comprehensive implementation plan, and publishes an annual air quality status report for their respective airshed. The activities of GB and its technical secretariat are funded by an air quality management fund, which obtains its budget from air emission charges, fines and penalties, outside grants, and permit fees.

Major sections (or titles) of the Philippine CAA include a chapter on air quality management systems with subparts (articles) on stationary source permits, pollution from stationary and mobile sources, and from all other sources such as ships, smoking vehicles, etc. Another chapter covers fuel, additives, ozone depletion, and greenhouse gases. The next chapter covers the important area of institutional actions, described in part earlier in this analysis of the Philippines CAA. Finally, several chapters cover administrative actions, penalties, and other enforcement activities.

India

India has a comprehensive set of environmental statutes and a well developed jurisprudence, applied by, at times, an activist judiciary. India implements its clean air programs under the framework of the Air (Prevention and Control of Pollution) Act of 198118, with updates in 1986 by the Parliament and in 2002 by the Supreme Court. Under the 1981 Air Act, all industries operating within designated air pollution control areas must obtain “consents” from the relevant state pollution control board. The states prescribe emission standards for industry after consulting the central (national) pollution control board. State pollution control boards may close down a defaulting industrial plant or stop its supply of electricity or water. The relevant state pollution control board may also apply to a court to restrain emissions that exceed prescribed standards.

The Environmental Protection Act, 1986 (EPA)19, is intended to provide a framework for the national government to coordinate the activities of various central and state authorities established under previous laws, such as the 1981 Air Act. It also delegates wide powers to bureaucrats to frame necessary rules and regulations. The EPA empowers the national government to take the necessary measures to protect and improve the quality of the environment, and to prevent, control, and abate environmental pollution.

Under Chapter IV of the 1981 Air Act, the States can declare air pollution control areas similar to nonattainment area provisions of many other countries air pollution legislation. It also covers emission standards from motor vehicles and stationary sources. Importantly, it clearly describes enforcement and other compliance mechanisms to assure that stationary sources implement clean air regulations.

18 The Air (Prevention and Control of Pollution) Act, 1986, No. 14 of 1981, March 29, 1981.19 The Environmental (Protection) Act – 1986, No. 29 of 1986, May 23, 1986.

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More than in most countries, the Supreme Court of India plays a very important role in the implementation of the air legislation.

China

Chinese air pollution laws operate under the framework of an Environmental Protection Law that was enacted in 1989.20 The 1989 law has often been superseded by more recent laws on air and water pollution, energy conservation, and environmental impact assessments. The 1989 law is deficient in that is lacks a provision to clarify roles of governments, businesses, and the public in protecting the environment. In March of 2007, key Chinese environmental officials requested a major overhaul of the law with emphasis on holding local governments responsible for the quality of the environment.

With respect to air pollution, the most recent law was enacted in 2000 and is know as the “Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution.”21 It contains seven chapters as follows:

Chapter I General Provisions Chapter II Supervision and Management of the Prevention and Control

of Atmospheric Pollution Chapter III Prevention and Control of Atmospheric Pollution by the

Burning of Coal Chapter IV Prevention and Control of Pollution Discharged by Motor-

driven Vehicles and Vessels Chapter V Prevention and Control of Pollution by Waste Gas, Dust and

Malodorous Substances Chapter VI Legal Liability Chapter VII Supplementary Provisions

The 2000 legislation puts considerable emphasis on controlling air pollution at the lowest possible level of government. The governments of provinces, autonomous regions and municipalities directly under the Central Government are allowed to establish their local standards for items not specified in the national standards for atmospheric environmental quality. The specific terms of the legislation is contained in 66 Articles.

Recommended Structure of a CAA in Bangladesh

Based on the analysis of both the U.S. Clean Air Act and various air pollution laws elsewhere in South Asia, it is recommended that Bangladesh proceed to enact a Clean Air Act to enhance the implementation of institutional changes recommended elsewhere in this study. Inclusion of the Basic Concepts and Goals discussed earlier in this Annex should be considered as well. An optimum framework or structure for such legislative action is as follows:

20 The Environmental Protection Law of the People’s Republic of China, December 26, 198921 Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, February 16, 2003

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Title I. General Provisions for Air Pollution Prevention and Control

Findings (relative to Bangladesh air pollution situation) and Purpose (declaration of principles and policies)

Jurisdiction and Delegation (Institutional mechanisms, interagency coordination, national vs. local roles, etc.)

Definitions Funding and Budget (support of national program and local agencies) Research and Development Programs for Air Pollution National ambient air quality standards National emission standards of performance for existing and new

stationary sources National emission standards for moving sources (adopt EURO or US

EPA exhaust and fuel standards) National permit program for stationary sources National enforcement program (fines and penalties, jurisdiction, air

quality management fund, etc.) Hazardous air pollutants Dissemination of information to the public on air quality Citizen suit provisions Employment impacts

Title II. Attainment Programs for Clean Air in Areas Exceeding Health Standards

Assessment of air quality and subsequent identification of nonattainment areas (airsheds)

Planning requirements (air quality control Action Plans for Airsheds) Monitoring and modeling requirements Deadlines and extensions for attainment of the standards Permit requirements in nonattainment areas Maintenance plans for areas having reached attainment

Title III. Protection of Clean Air Areas

Planning requirements Classification scheme and increments of allowable degradation Enforcement and permit requirements in Clean Air Areas

Title IV. Emission Standards for Moving Sources

Motor vehicle standards Fuel and additive standards Standards for aircraft, vessels, trains, buses, nonroad vehicles

Title V. Greenhouse Gases/Global Warming/Climate Change

Study impacts and potential actions to reduce GHG in Bangladesh Consider national GHG emission cap consistent with other Asian

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(Future) Adopt rules allowing market-based trading or cap and trade programs

Standards for ozone-depletion activities

Suggested Timetable to Enact Legislation

The CASE project is scheduled to begin in the summer of 2008. Accordingly, it is recommended that the Ministry of Law and its Legislative Drafting Wing begin drafting legislation in the fall of 2007 for consideration of the Parliament in the spring of 2008. Ideally, a Clean Air Act for Bangladesh would be enacted in time to coincide with the initiation of CASE.

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ANNEX 4

CALCULATIONS

Diesel Fuel Five Year Sales Increase

2001-2002 = 1838266 metric tons sold2005-2006 = 2298667 metric tons sold

2,298,667-1,838,266 ÷ 1,838,266 = 25.04% increase in five years

2,298,667 metric tons sold

Density of diesel fuel = 850 gram/liter22

1 liter/850 grams x 1,000,000 grams/metric ton x 2,298,667 metric tons = 2.704x109 liter

Motor Fuel Tax Revenue Example

2.704x109 liters diesel/year x 1 Poisha/liter = 2.704x109 Poishas or 27.04 million Taka/year

2.704x109 Poishas/year x 1 Taka/100 Poisha x US$1/70 Taka = US$386,000/year

Comparison of Brick Kiln Particulate Emission Standard to Pennsylvania Standard

ECR-1997 standard = 1000 mg/Nm3 Pennsylvania standard = 0.04 grain/dscf

(N=normal conditions dscf=dry standard cubic foot)1000 mg/Nm3 x 1 m3/35.3 cu.ft.x 1grain/64.799mg = 0.437 grain/cu.ft.

Therefore, the Bangladesh standard is .437/.04 or 10.9 times less stringent than Pennsylvania

Comparison of coal fired power plant particulate emission standards to Oregon standard

ECR-1997 standard = 150 mg/Nm3 ≥ 200 MW Oregon standard = 0.2 grain/dscfECR-1997 standard = 350 mg/Nm3 <200 MW Oregon standard = 0.2 grain/dscf

150 mg/Nm3 x 1 m3/35.3 cu.ft. x 1 grain/64.799 mg = 0.066 grain/cu.ft.

350 mg/Nm3 x 1 m3/35.3 cu.ft. x 1 grain/64.799 mg = 0.153 grain/cu.ft.

Oregon had the only combustion standard found that is based on mass/vol. On the surface, the Bangladesh standard appears more stringent than the Oregon standard. However, Oregon stated it has no existing power plants subject to this 22 Wikipedia, Diesel

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rule, and any new plant would have to meet far more stringent standards. Worth noting is that the US EPA standard for power plants, and numerous state standards, are all based on Lb/MM BTU. Without stack gas information it is not possible to compare the Bangladesh mass per unit of volume to mass per unit of energy standards.

Comparison of cement plant particulate emission standards to Pennsylvania standard

ECR-1997 standard = 250 mg/Nm3 Pennsylvania standard = 0.02 gr/dscf

250 mg/Nm3 x 1 m3/35.3 cu.ft. x 1 grain/64.799 mg = 0.109 gr/dscf

Comparison of steel plant blast furnace particulate emission standards to Pennsylvania standard

ECR-1997 standard = 500 mg/Nm3 Pennsylvania standard = 0.02 gr/dscf

500 mg/Nm3 x 1 m3/35.3 cu.ft. x 1 grain/64.799 mg = 0.219 gr/dscf

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ANNEX 5

Page 66 of 66

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