Draft Air Pollution Control Rules

The Ministry of Environment, Forest and Climate Change recently shared the draft of the Air Pollution Control Rules, 2021. The Rules have been drafted as per the power conferred upon the Government under Section 20 of the Bangladesh Environment Conservation Act, 1995. As stated in the Preamble of the draft Rules, they have been formulated with the objective of preventing, controlling and reducing air pollution in order to protect the environment and public health.

The draft Rules lay down certain functions to be carried out by the Department of Environment (DoE) in order to address air pollution. Rule 4 requires the DoE to issue a National Air-Quality Management Plan which should include necessary guidance and plan of action for effective management of air emission from mobile, unspecific and specific sources; management of hazardous pollutants; clean and affordable energy technology; research on air pollution and its adverse impacts; information and knowledge management, awareness and education on air-quality; sustainable economic measures for air-quality management etc. As per rule 6, the Director General (DG) may issue circulars – upon approval of the Government – declaring a list of industries, plans or activities as extremely harmful to the environment, health, society, economy or culture and may determine the achievable standard of emission for such activities and the duration within which such standards should be achieved. The DG may also issue directions for the control of such activities and include within the Environment Clearance Certificate such specific measures to be undertaken, or conditions to be adhered to in order to control the emission standards. The DG may further require the responsible persons of such activities to submit to it for approval such control plans needed to regulate the emission. The DoE is directed to conduct countrywide air-quality observation in order to ensure that the standards and measures set under the Rules are implemented and based on its observations shall issue warnings and encourage the people to take protective measures against pollution.

The draft Rules also direct the Bangladesh Road Transport Authority or the Bangladesh Road Transport Corporation or other licensing authorities to ensure, during granting or renewal of license – such conditions of emission as has been set by the DoE. The role of the local government institutions has also been highlighted in the draft Rules.

A National Executive Council is to be established as per rule 15 for advising, directing and supervising all relevant governmental bodies in relation to their functions under the Rules. 

Rules 19 and 20 lay down the provisions of offence and punishment. Failure to comply with the directions under the Rules, failure to comply with the standards laid down under the Rule, willful con-compliance with the directions made pursuant to the Rules are all deemed punishable offences. As rule 16 provides, compensation may also be provided by the DG as per section 7 of the 1995 Act for any harm caused to a person or group of people arising out of air pollution.

The draft Rules do a good job of laying down the range of functions to be undertaken by the DoE. It envisions collaboration across different public authorities which may require more detailed rules of procedure to be translated to practice. The draft Rules also highlight some of the gaps in the primary Act – many of the functions of the DoE or its DG are subject to government approval. The Rules also repeat the same redress mechanisms of the 1995 Act which leave in the hands of the DG the absolute discretion to provide compensation or allows for the institution of criminal proceedings.

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