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Draft agenda: - 01
Submitted BY
Jurist
Britannia University, Comilla
Preamble
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Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh
An Act for the prevention, control, and abatement of Implementing Policies for Clean Air and
Planned Industrialization in Bangladesh. Bangladesh has strong environental and natural
resource management policies and regulations, there remains a need for Integrating
environmental protection and management into national planning and strengthening
environmental institutions, especially to respond to Bangladesh’s rapid urbanization,
industrialization, and growing pollution. Unlocking the potential of the climate-smart “blue”
economy. Bangladesh needs to improve its protection of ocean health, create sustained jobs
and livelihoods, and strengthen its management of vast marine resources. Substantially
reducing air pollution could save up to 3,500 lives and avoid up to 230 million cases of
respiratory diseases annually in Bangladesh. In economic terms, this is equivalent to around
US$ 500 million in savings due to reduced health care costs and increased productivity per
annum. Implementing this act development of Clean Air in Bangladesh and Planned
Industrialization in Bangladesh sector concern locally and globally by the Ministry of the
environment and all other sections to coordinate the policy. BE it enacted this draft Law by
Parliament of the Republic of Bangladesh as follows:-
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "Air pollutant" means any solid, liquid or gaseous substance 2 [(Including noise)]
present in the Atmosphere in such concentration as may be or tend to be injurious to
human beings or other Living creatures or plants or property or environment;
(b) "Air pollution" means the presence in the atmosphere of any air;
(c) "Department" means the Department of Clean Air in Bangladesh and Planned
Industrialization in Bangladesh established under section 3 of this Act;
(d) "Director General" means Director General of the Department;
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(e) "ecosystem" means the inter-dependent and balanced complex association of all
components of the environment which can support and influence the conservation and
growth of all living organisms;
(f) "person" means a person or group of persons, and includes any company, association
or corporation, whether incorporated or not;
(g) "pollution" means the contamination or alteration of the physical, chemical or
biological properties of air, water or soil, including change in their temperature, taste,
odor, density, or any other characteristics, or such other activity which, by way of
discharging any liquid, gaseous, solid, radioactive or other substances into air, water
or soil or any component of the environment, destroys or causes injury or harm to
public health or to domestic, commercial, industrial, agricultural, recreational or other
useful activity, or which by such discharge destroys or causes injury or harm to air,
water, soil, livestock, wild animal, bird, fish, plant or other forms of life;
(h) "Industrial plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;
(i) "Member" means a member of the Central Board or a State Board, as the case may be,
and includes the Chairman thereof,
(k) "Occupier", in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises, and includes, in relation to any substance,
the person in possession of the substance;]
(j) "Prescribed" means prescribed by rules made under this Act by the Central
Government or as the case may be, the State government;
(k) Definitions of industries in the manufacturing sector: (a)"Large Industry" means an
industry in which the value/replacement cost of durable resources other than land and
factory buildings is above 100 million taka. (b) "Medium Industry" means an industry
in which the value/replacement cost of durable resources other than land and factory
buildings is between 15 million and 100 million taka. (c) "Small Industry" means an
industry in which the value/replacement cost of durable resources other than land and
factory buildings is under 15 million taka. (d) "Cottage industry" means an industry in
which members of a family are engaged part-time or full-time in production and
service-oriented activities, And definitions of industries in the non-manufacturing
sector (trading and other services): a)"Large Industry" means an industry in which
more than 100 workers work. b)"Medium Industry" means an industry in which 25 to
1 00 workers work c) "Small Industry" means an industry in which fewer than 25
workers work(unlike family members in a cottage industry).
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(l) “Inspector” means an Inspector of the Department of Environment or any other person 2
authorized by the Director General by a general or special order or a person authorized under
any other environmental law to inspect or investigate;
2A. Overriding effect of the Act. - Notwithstanding anything contained to the contrary in
any other law for the time being in force, the provisions of this Act, rules and directions
issued under this Act shall have effect.
Sec.3. Department of Air. –
(1) The Government shall, for carrying out the purposes of this Act, establish a
Department to be called the Department of Air. And headed by a Director General.
(2) The Director General shall be appointed by the Government and the terms and
conditions of his service shall also be determined by the Government.
(3) For proper performance of the functions of the Department, necessary officers and
employees shall be appointed in the manner and on the terms and conditions
prescribed by rules.
Sec. 4. Constitution of the Boards.
(1) The State Government has not constituted a [State Board for the Clean Air in Bangladesh
and Planned Industrialization in Bangladesh] under that Act, the State Government shall, with
effect from such date as it may, by notification in the Official Gazette, appoint, constitute a
State Board for the Prevention and Control of Air Pollution under such name as may be
specified in the notification, to exercise the powers conferred on, and perform the functions
assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely:-
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(1) Subject to the provisions of this Act, the Director General may take such measures as
he considers necessary and expedient for the Clean Air in Bangladesh and Planned
Industrialization in Bangladesh and for the control and mitigation of Air pollution,
and he may issue necessary directions in writing to any person for the discharge of his
duties under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
measures may include all or any of the following :-
a. co-ordination with the activities of any authority or agency having relevance
to the objectives of this Act;
b. prevention of probable accidents which may cause environmental degradation
and pollution, undertaking safety measures and determination of remedial
measures for such accidents and issuance of directions relating thereto;
c. giving advice or, as the case may be, issuing directions to the concerned
person regarding the environmentally sound use, storage, transportation,
import and export of a hazardous substance or its components.
d. conducting inquiries and undertaking research on conservation, improvement
and pollution of the environment and rendering assistance to any other
authority or organization regarding those matters;
e. searching any place, examining any equipment, manufacturing or other
processes, ingredients, or substance for the purpose of improvement of the
environment, and control and mitigation of pollution; and issuance of direction
or order to the appropriate authority or person for the prevention, control and
mitigation of environmental pollution;
f. collection and publication of information about environmental pollution;
g. advising the Government to avoid such manufacturing processes, commodities
and substances as are likely to cause environmental pollution;
h. carrying out programs for observation of the quality of drinking water and
preparation of reports thereon, and rendering advice or, as the case may be,
issuing direction to the concerned persons to follow standards for drinking
water.
(3) A direction issued under this section may include matters relating to closure,
prohibition or regulation of any industry, undertakings or processes, and the
concerned person shall be bound to comply with such direction:
Provided that-
a. the Director General shall, before issuing a direction of closure or prohibition
of an industry, undertaking or process, send to the owner or occupier thereof a
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Sec.6. Power of entry etc. - (1) Subject to the provisions of this section, any person generally
or specially authorized in this behalf by the Director General shall have the right to enter any
building or other place at all reasonable times, with such assistance as he considers necessary
for the following purposes, namely :-
a. to perform his duties under this Act or rules;
b. to inspect any activity carried out at such place or building under this Act or
rules or a notice, order or direction issued There under;
c. to test or verify any equipment, industrial plant, record, register, document or
any other significant material;
d. to conduct a search of a building or place if such person has reason to believe
that an offence has been committed in that building or place in contravention
of this Act or rule or any notice, order or direction issued there under;
e. to seize any equipment, industrial plant, record, register, document or other
material that may be used as evidence of the commission of any offence
punishable under this Act or rules.
(2) The person operating any industry, activity or process or the person handling any
hazardous substance shall be bound to render all assistance to the said authorized person in
discharging his duties under this Act.
Sec.7. Declaration of ecologically critical area. - If the Government is satisfied that an area
is in an environmentally critical situation or is threatened to be in such situation, the
Government may, by notification in the official Gazette, declare such area as an ecologically
critical area.
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(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters:
(a) determination of the standards of air, water, sound, soil and other
components of the environment in relation to different areas for different
purposes :
(b) Provided that the Government may, by notification in the official Gazette, for a
specified period suspend the application of such standard, generally or
individually, in respect of industries or projects existing at the time of
commencement of this Act;
(c) regulation of the establishment of industries and other development activities for
conservation of environment and Air;
(d) determination of safe procedures for the use, storage and transportation of
hazardous substances;
(e) determination of safety and remedial measures for prevention of accidents which
may cause pollution of the environment;
(f) determination of the standards for effluent and discharge;
(g) procedures for assessment of the environmental impact of various projects and
activities, and procedures for their review and approval;
(h) procedures for protection of the Air and ecosystem;
(i) determination of fees for obtaining Air clearance certificates and other services.
Sec.15. Repeal and saving.-
(1) Notwithstanding such repeal, anything done or any action taken under the repealed
Ordinance shall be deemed to have been done under the provisions of this Act.
(2) The Department of Air existing before the commencement of this Act shall be deemed
to have been established under section 3 and the Director General and other officers
and employees of that Department shall be deemed to have been appointed under this
Act.
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Implementing Policies for Clean Air in Bangladesh and Planned Industrialization in Bangladesh
Air quality laws govern the emission of air pollutants into the atmosphere. A specialized
subset of air quality laws regulate the quality of air inside buildings. Air quality laws are
often designed specifically to protect human health by limiting or eliminating airborne
pollutant concentrations. Other initiatives are designed to address broader ecological
problems, such as limitations on chemicals that affect the ozone layer, and emissions
trading programs to address acid rain or climate change. Regulatory efforts include
identifying and categorizing air pollutants, setting limits on acceptable emissions levels, and
dictating necessary or appropriate mitigation technologies.
Contents
3Emission standards
5Bans
7Controversy
9References
10External links
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Air quality regulation must identify the substances and energies which qualify as "pollution"
for purposes of further control. While specific labels vary from jurisdiction to jurisdiction,
there is broad consensus among many governments regarding what constitutes air pollution.
For example, the United States Clean Air Act identifies ozone, particulate matter, carbon
monoxide, nitrogen oxides (NOx), sulfur dioxide (SO2), and lead (Pb) as "criteria" pollutants
requiring nationwide regulation.[1] EPA has also identified over 180 compounds it has
classified as "hazardous" pollutants requiring strict control. [2] Other compounds have been
identified as air pollutants due to their adverse impact on the environment (e.g., CFCs as
agents of ozone depletion), and on human health (e.g., asbestos in indoor air).[3] A broader
conception of air pollution may also incorporate noise, light, and radiation. The United States
has recently seen controversy over whether carbon dioxide (CO2) and other greenhouse
gases should be classified as air pollutants.[4]
Emission standards[edit]
Main article: Emission standard
Emission standards are the legal requirements governing air pollutants released into
the atmosphere. Emission standards set quantitative limits on the permissible amount of
specific air pollutants that may be released from specific sources over specific timeframes.
They are generally designed to achieve air quality standards and to protect human life.
Numerous methods exist for determining appropriate emissions standards, and different
regulatory approaches may be taken depending on the source, industry, and air
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pollutant under review.[8] Specific limits may be set by reference to and within the confines of
more general air quality standards. Specific sources may be regulated by means of
performance standards, meaning numerical limits on the emission of a specific pollutant from
that source category. Regulators may also mandate the adoption and use of specific control
technologies, often with reference to feasibility, availability, and cost. Still other standards
may be set using performance as a benchmark - for example, requiring all of a specific type
of facility to meet the emissions limits achieved by the best performing facility of the group.
All of these methods may be modified by incorporating emissions averaging, market
mechanisms such as emissions trading, and other alternatives.
For example, all of these approaches are used in the United States. [9] The United States
Environmental Protection Agency (responsible for air quality regulation at a national level
under the U.S. Clean Air Act, utilizes performance standards under the New Source
Performance Standard (NSPS) program. Technology requirements are set under RACT
(Reasonably Available Control Technology), BACT (Best Available Control Technology),
and LAER (Lowest Achievable Emission Rate) standards. [10] Flexibility alternatives are
implemented in U.S. programs to eliminate acid rain, protect the ozone layer, achieve
permitting standards, and reduce greenhouse gas emissions.[11]
Bans[edit]
Air quality laws may take the form of bans. While arguably a class of emissions control law
(where the emission limit is set to zero), bans differ in that they may regulate activity other
than the emission of a pollutant itself, even though the ultimate goal is to eliminate the
emission of the pollutant.
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A common example is a burn ban.[13] Residential and commercial burning of wood materials
may be restricted during times of poor air quality, eliminating the immediate emission of
particulate matter and requiring use of non-polluting heating methods. A more significant
example is the widespread ban on the manufacture of dichlorodifluoromethane (Freon)),
formerly the standard refrigerant in automobile air conditioning systems. This substance,
often released into the atmosphere unintentionally as a result of refrigerant system leaks, was
determined to have a significant ozone depletion potential, and its widespread use to pose a
significant threat to the Earth's ozone layer. Its manufacture was prohibited as part of a suite
of restrictions adopted internationally in the Montreal Protocol to the Vienna Convention for
the Protection of the Ozone Layer. Still another example is the ban on use of asbestos in
building construction materials, to eliminate future exposure to carcinogenic asbestos fibers
when the building materials are disturbed.
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coordinate to produce an online mapping and data access tool called AirNow, which provides
real-time public access to U.S. air quality index information, searchable by location.
Once data are collected and published, they may be used as inputs in mathematical models
and forecasts. For example, atmospheric dispersion modeling may be employed to examine
the potential impact of new regulatory requirements on existing populations or geographic
areas. Such models in turn could drive changes in data collection and reporting requirements.
Controversy
LOCAL AIR QUALITY MANAGEMENT
Part IV of the Environment Act 1995, which covers England, Scotland and Wales, and the
Environment (Northern Ireland) Order 2002, requires all local authorities in the UK to review
and assess air quality in their area. If any standards are being exceeded or are unlikely to be
met by the required date, then that area should be designated an Air Quality Management
Area (AQMA) and the local authority must draw up and implement an action plan aimed at
reducing levels of the pollutant. Local authorities are required to make copies of their reviews
and assessments of local air quality available to the public, as well as any orders designating
an AQMA, and to consult locally on the action plan. In many areas, traffic is likely to be the
main contributor to excessive levels of pollution
In December 2015 the government launched a third consultation on Local Air Quality
Management, this time on the proposed Technical and Policy Guidance. Whilst we welcomed
the updated guidance for Local Air Quality Management, and the aims to streamline
reporting, introduce a role for local authorities in reducing emissions of PM2.5, and clarify
roles and responsibilities, there were a number of places where the guidance (and the
underlying LAQM system) could be strengthened, to achieve more effective action and
earlier compliance with the national objectives and the EU directive. We raised these in our
response to the consultation.
Where an AQMA has been declared, local authorities in England and Wales can apply for
powers to carry out roadside emissions testing under the Road Traffic (Vehicle Emissions)
(Fixed Penalty) (England) Regulations 2002 and the Road Traffic (Vehicle Emissions) (Fixed
Penalty) (Wales) Regulations 2003. In Scotland all local authorities have these powers
available to them, under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland)
Regulations 2003.
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Authorised and adequately trained persons can then carry out an emissions test on a vehicle
being driven through, or about to pass through, an AQMA and if an offence has been
committed a fixed penalty of £60 can be issued. A driver can also be required to submit their
vehicle to a test and to produce a test certificate. If the fixed penalty is not paid within the
given timeframe it can rise to £90.
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