Section 5: National Responses to Air Pollution Problems:
 
  1. Regulation relevant to air pollution
On the basis of broad objectives of environmental laws existing in Bangladesh, laws may be categorized as follows:
 
  As a signatory to Agenda 21, Bangladesh are committed to implementing the international legal instrument as national programmes and policies. Environment Policy of 1992 was an important development in this regard. The Ministry of Environment and Forest and the Department of Environment were created in 1989.
 
  A. The Brick Burning (Control) Act, 1989 (Act number 8 of 1989) This Act has been promulgated to control brick burning. This requires obtaining a license from the appropriate authority (Deputy Commissioner) to go into brick burning.

The Act restricts brick burning with fuel wood and categorically mentions that no one would be allowed to use fuel wood for brick burning. The Act has a provision of punitive measures of imprisonment for six months or a fine of Taka fifty or both. The Act also provides for inspection of the brick fields to check the use of fuel wood and the inspecting authority has the right to confiscate all the bricks and fuel wood found on the particular brick field.
 
 

 B. The Brick Burning (Control) (Amendment) Act, 1992 This Act was promulgated in July 1992 and was intended for certain amendment of the Act of 1989. The two major issues that need special mention in this regard is the shifting of authority from Upazila Parishad Chairman to the District Commissioner and the redefinition of ‘fuel’. In this Act the definition of ‘fuel’ is, any floral based fuel other than the dead root (motha) of the bamboo. The Act replaces the term ‘fuel wood’ of the earlier Act with ‘fuel’.
 
  C. Bangladesh Environmental Conservation Act, 1995 (ECA 1995) The main objective of ECA, 1995 are-
 
  The main strategies of the Act can be summarized as-
 
  Environment Conservation Act 1995 (Act 1) (Air pollution related)

6. Regulation in respect of driving vehicles emitting smoke harmful to the environment

    1. The driving of vehicles emitting smoke that is injurious to health and environment is prohibited.
    2. If the Director General or any officer authorized by him is convinced that a vehicle is emitting smoke which is harmful he can stop the vehicle for examination.
8. Information to the Director General regarding environmental degradation due to pollution
    1. Any person affected or is likely to be affected by pollution or degradation of environment may apply to the Director General by the prescribed Rules for remedying the damage or apprehended damage.
    2. The Director General will adopt measures including public hearing for settling any application made under this Clause.
9. Discharge of excessive environmental pollutant etc.
    1. Where the discharge of any environmental pollutant occurs, in excess of the prescribed limit laid down by the Rules due to any accident or other unforeseen act or event the person responsible and the person in charge of the place of incident will take measures to mitigate the environmental pollution.
    2. The Director General may adopt any measure including public hearing for settlement any application made under this Clause.
    3. On receipt of information under this Clause with respect to the incident or accident the Director General shall take remedial measures to control and mitigate the environmental pollution.
    4. The expenses incurred with respect to remedial measures to control and mitigate the environmental pollution under this clause shall be due to the Director General and may be recovered from such person maintained in Sub-clause (1) as public demand.
D. Environment Conservation Rules, 1997 (ECR, 1997) These are the first set of rules, promulgated under the Environment Conservation act 1995. Among other things, these rules set:
 
 
    1. The National Environmental Quality standards for ambient air, various types of water, industrial effluent, emission, noise vehicular exhaust, etc.
    2. Requirement for and procedures to obtain environment clearance.
    3. Requirement for IEE/EIA according to categories of industrial and other development inventories.
According to the rules, any project/development intervention, is required to obtain Environmental Clearance in two steps-

First         :     to obtain site/location clearance

Second     :     then to obtain Environmental Clearance.

The DoE may take up to sixty days to issue the site clearance (from the date of receiving the application), sixty days to approve the EIA and thirty more days to issue the Environment Clearance.
 

 Article 278: Marketing Atmosphere Noxious to Health Whoever, voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred Taka.
 
  E. Environment Court Law-1999 (Proposed) Bangladesh government has taken the environment pollution seriously and has decided to establish 'Environment Court' for completing the environment pollution effectively.

Clause 4(1) for fulfilling the objective of this law, the govt. will establish one or more Environment Court in each Division by gazette notification.
 
 

 5. Authority and Range of Authority of Environment Court
    1. All the cases of Environment Conservation, Environmental Development, Control and Reduction of Environment Pollution will be settled in this Court.
    2. Environment Court can enforce all the Clauses and Sub Clauses of Environment Conservation Act, 1995.
    3. Environment Court will be treated as Criminal Court and according to the Code of Criminal Procedure, 1898 (Act V of 1898). It will have all the power those Criminal Court has.
    4. If there is no difference in this law, then Environment Court will follow the Rule of Code of Criminal Procedure, 1898 (Act V of 1898) for conducting its activity.
    5. Hearing of the case suited in the Environment Court cannot be adjourned more than three times and it must be completed within six months.
    6. The Proceedings of Environment Court will be considered as the Judicial Proceedings of Penal Code (Act XLV of 1960).
6. Overruling decision of Environment Court According to the Clause 7, the Proceedings, Order, Decree, Jurisdiction of the Environment Court cannot be appealed in other court or higher authority and will be deemed final.
 
  ii ) Prevention measures
  1. Efficiency drives
The decision taken by the Government to reduce air pollution in Dhaka City include:
 
 
          a)  Phasing out existing two stroke engines within 3-5 years and banning new registration of two stroke engines.
          b)  Strictly enforcing regulations on road test, emissions checks and fitness tests.
          c)  For improving air quality government is importing unleaded and low sulphar gasoline.
          d)  Dhaka Urban Transport Project (DUTP) has been undertaken at a cost of US $237 million with the World Bank assistance. In this project the major improvement of road networks of Dhaka city will be taken which will include:
    1. Construction of Fly-over
    2. Construction of Foot over pass
    3. Construction of Road intersection
    4. Construction Bus and Truck depot
    5. Parking facility development, etc.
It is expected that the level of Air pollution will be reduced to a level below the to an allowable limit by improving transport network.
     e)  The DoE will implement the Air Quality Management Project (AQMP) at the cost of US $5 million. Under this project the DoE will setup check post in Dhaka, Chittagong and in other major cities to check the emission from vehicles. The major objectives of this project are :
    1. Vehicle inspection
    2. Air quality monitoring
    3. Awareness campaign
    4. Emission inventory
    5. Training of drivers and mechanics
Significant improvement in the air quality of Dhaka City is expected by implementing all these measures.
 
  B. Fuel switching In 1985-86 Bangladesh Petroleum Corporation started a project to use CNG in vehicles instead of Gasoline. The World Bank donated Taka 22 crore 51 lacs to initiate the project. The primary objective of this project was to reduce vehicular emissions as combustion of CNG produces less pollutant than the gasoline. The Table 5.1 provides a comparative data of CNG and conventional gasoline.

Table 5.1: A comparative data of CNG and conventional gasoline
Emitted Particles Patrol/Octane CNG
  1. Carbon Monoxide (CO)
  1. Hydro Carbon (HC)
  1. Carbon-DI-Oxide (CO2)
  2. Unburnt Carbon Monoxide
  1. Sulphar Contents
 2.236%

427 PPM

13%

2.2%

0.05%

 0.093%

179 PPM

8.9%

0.17%

0%
Source: Bangladesh Petroleum Corporation Data on the number of vehicles converted to use CNG over the last nine years are shown in the following table. It indicates that a negligible number of cars have been converted to use CNG. This may be attributed to lack of promotional activity, reluctance of people to embrace a new technology, unavailability of filling stations, maintenance, etc. However, with appropriate drive from the government and by increasing promotional effort its use may increase which will eventually reduce vehicular emission.

                               Table 5.2: No. of vehicle transformed to CNG from 1985-86 to 1996-97
Year No. of Vehicles transformation
1985-86

1988-89

1989-90

1990-91

1991-92

1992-93

1993-94

1995-96

1996-97
2

19

9

6

10

16

3

13

86

Figure 5.1: Trends of vehicle transformed to CNG from 1985-86 to 1996-97
 
 

iii) Control options applied and Abatement efficiency:

              Table 5.3: Control options applied and Abatement efficiency
 
Source Control option applied Abatement efficiency
Vehicular Air pollution (Mainly Urban Area based) Phase out leaded gasoline by July 1999, import of unleaded gasoline is underway.

Band new licenses and road permits for two strokes engines 3 wheelers (Baby taxi) for Dhaka City in the first phase

Introduction of low Sulphur content fuels 

 Decision taken by the Govt. and it will be implemented very soon. 
Transboundary air pollution The first phase of the project is going on (Base line study and Action Plan)and likely to be completed within November, 1999 

iv) Other policy initiatives

                    a) Lead Free Gasoline

Lead is a toxic element that impairs brain development of children and causes high blood pressure and anemia in adults. Automotive exhaust has been identified as the major source of lead since many countries specially the developing one still depend on leaded gasoline. The Bangladesh Automatic Energy Commission estimated that 50 tons of lead is emitted in Dhaka air annually and emission reaches its highest level in the dry season from November to January.

The Eastern Refinery which is the only Petroleum Refinery institution in the country claims that it has reduced average lead content in fuels from 0.4 gram per liter in 1994 to 0.1 gram per liter in 1998.(Daily Star 24 January, 1998)
 
 

 b) Responses include:
    1. Promulgation of new laws and modification of old ones to strengthen controlling authority.
    2. Modification/Attention of fuel CNG/petroleum.
    3. Banning import of two stroke engine
    4. Planning to take two-stroke engines off the streets in 3 years.
    5. Imposing extensive penalties on polluters/industries.
    6. Public awareness campaign.
    7. Motivating public through promotional activities, to use less polluting vehicles.
    8. Increasing the number of public vehicles (such as buses, double-deckers, etc.) to reduce the number of vehicle on the street.
    9. Remove traffic congestion by reducing the member of non-motorized vehicles and by restricting the movement of such vehicles within a certain part of the city and during a specific period of the day.
    10. Improving the mass-transport system within the urban areas and by increasing parking facility.
    11. By regularly monitoring the ambient air quarterly and vehicular emission.