SMART rules, 2001
- 2. Self-Monitoring and Reporting Tools by Industry Rules, 2001 (SMART)
- 3. • These rules may be called the National Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rules, 2001 • They shall come into force at once 3
- 4. In these rules, unless there is anything repugnant in the subject or context, a. “Act” means the Pakistan Environmental Protection Act, 1997 b. “Associated Company” and “Associated Undertaking”, shall have the same meaning as defined in the Companies Ordinance, 1984 c. “Certified Environmental Laboratory” means an environmental laboratory which has been granted certification under the Pakistan Environmental Protection Agency (Certification of Environmental Laboratories) Regulations, 2000; d. “Director General” means the Director-General of the Federal Agency; e. “Environmental Monitoring Report” means the report submitted by an industrial unit to the Federal Agency in respect of priority parameters; 4
- 5. a. “Industrial Unit” means any legal entity carrying on industrial activity b. “Pollution Level” means number of units per unit of production determined under the Pollution Charge for Industry (Calculation and Collection) Rules, 2001 c. “Priority Parameters” means those parameters of the National Environmental Quality Standards which have been selected for purposes of submission of Environmental Monitoring Reports to the Federal Agency by an industrial unit; and d. “Schedule” means the Schedule to these rules 5
- 6. All other words and expressions used in these rules but not defined herein shall have the same meanings as are assigned to them in the Act 6 All industrial units shall be responsible for correct and timely submission of Environmental Monitoring Reports to the Federal Agency
- 7. • On the basis of the pollution level of an industrial unit, the Director-General shall classify the unit into category “A”, “B” or “C” for liquid effluents, and category “A” or “B” for gaseous emissions • Provided that till such time as the pollution level of an industrial unit is determined, it shall be classified according to the type of industry to which it belongs 7
- 8. An industrial unit in category “A” shall submit Environmental Monitoring Reports on monthly basis An industrial unit in category “A” shall maintain a record of the times during which start-up and upset conditions occur, and shall mention the total time elapsed in such conditions in its monthly Environmental Monitoring Report 8 An industrial unit in category “B” shall submit Environmental Monitoring Reports on quarterly basis
- 9. 9 • An industrial unit in category “C” shall submit Environmental Monitoring Reports on biannual basis •Without prejudice to the provisions of rule 4, the Director-General may classify a large industrial unit with very high pollution levels as “Special Industry” •In addition to complying with the requirements of rule 5, a Special Industry shall submit Environmental Monitoring Reports for such parameters and at such frequency as the Director-General may require
- 10. An Environmental Monitoring Report shall comprise a Liquid Effluents Monitoring Report, a Gaseous Emissions Monitoring Report and a Cover Sheet which shall be in the form as set out in Forms A, B and C, respectfully All measurements of priority parameters contained in the Environmental Monitoring Report submitted by an industrial unit shall be based on test reports of a certified environmental laboratory, and attested copies of such results shall be attached with the Environmental Monitoring Report Provided that such certified environmental laboratories shall not be part of, or an associated company or associated undertaking of, the said industrial unit The Gaseous Emissions Report shall cover the priority parameters listed in Schedule, and shall include, every two years, metal analysis of all gaseous emissions from the industrial unit 10
- 11. • Sampling testing and analysis of effluents, gaseous emissions and waste shall be carried out in accordance with the Environmental Samples Rules, 2001 • The provisions of these rules shall be in addition to, and not in derogation of, the monitoring conditions laid down in an EIA approval 11
- 12. • The Federal Agency shall compile, analyze and manage the data contained in the Environmental Monitoring Reports with the objective, inter alia, of enforcing the National Environmental Quality Standards and developing an environmental database 12
- 13. Development of an environmental monitoring program for industry was a salient feature and a priority action area of SDPI project on TechnologyTransfer for Sustainable Industrial Development (TTSID) Without a proper and systematic environmental monitoring program in place, no environmental policy, be it national environmental quality standards (NEQS) or adaptation of cleaner technologies for pollution control, is likely to be successful 13
- 14. The principle objectives for the environmental monitoring program underTTSID were as follows: i. to provide support to government/federal EPA for developing a monitoring framework and requirements for the industry and the establishment of standard monitoring procedures and reporting formats. ii. to provide assistance to industry through information dissemination and training in environmental monitoring iii. emission and effluent measurements from selected industrial units/industrial estates and iv. support to create and maintain a database on pollution loads from individual industries throughout the country 14
- 15. The self-monitoring and reporting (SMART) concept, which is entirely based on the honor system, emerged from a dialogue between the government and industrial representatives • National Environmental Quality Standards (Self Monitoring and Reporting by Industries) Rules,1998 • Environmental Sample Rules 1999 • Environmental Laboratories Certification Regulations, 2000 It is expected that the entrepreneurs, who are well aware of their social and legal responsibilities, will adequately respond to this new system, which does not involve the role of environment inspectors 15
- 16. • The SMART system takes into account the interests and resources of both the EPAs and industry • On the one hand, it saves considerable expenses, time and efforts of EPAs, and • On the other hand, it involves industry in the evaluation of environmental performance and the implementation of pollution control measures if called for • PEPA-97 section 6(1)(i) provides the legal basis for environmental monitoring • Under SMART system, industries in Pakistan are made responsible for systematically monitoring their environmental performance (industrial emissions) and reporting of the data to EPAs periodically • Guidelines for self-monitoring and reporting were developed through a consultative process among stakeholders by holding round-table- meetings of representatives from the ministry of environment/EPAs, Federation of Pakistan Chambers of Commerce and Industry (FPCCI) and non-governmental organizations (NGOs) 16
- 17. • Industry has been classified into three categories i.e.A, B, and C each corresponding to a specified reporting frequency • For liquid effluents, a reporting frequency of monthly for categoryA, quarterly for category B and biannually for category C is recommended • For gaseous emissions, the recommended reporting frequency for category A and category B are monthly and quarterly, respectively • For most industries, only 4–6 priority parameters have been proposed under normal plant operating conditions • Initially, industries may use their own facilities or engage any technically sound laboratory for testing samples of industrial emissions, but, eventually, Pak-EPA designated laboratories are to be used for this purpose • Laboratories will be certified under the “Environmental Laboratories Certification Regulations, 2000” • These regulations as well as “Environment Samples Rules 1999”, which provide details of sampling and analyses requirements and procedures 17
- 18. • Chlor-Alkali (MercuryCell) • Chlor-Alkali (DiaphramCell) • Metal finishing and electroplating. • Nitrogenous fertilizer • Phosphate fertilizer • Pulp and paper • Pesticides formulation • Petroleum refining • Steel industry • Synthetic fiber • Tanning and leather finishing • Textile processing • Pigments and dyes • Thermal Power Plants (Oil Fired and Coal Fired) • Rubber products • Paints,Varnishes and Lacquers • Pesticides • Printing • Industrial Chemicals • Oil and Gas Production • Petrochemicals • Combined effluent treatment • Any other industry to be specified by Federal or ProvincialAgency 18
- 19. • Dairy industry • Fruit and vegetable processing • Glass manufacturing • Sugar • Detergent • Photographic • Glue manufacture • Oil and Gas exploration • Thermal Power Plants (Gas Fired) • Vegetable oil and ghee mills • Woolen mills • Plastic materials and product • Wood and cork products • Any other industry to be specified by federal or ProvincialAgency • Pharmaceutical (Formulation) Industry • Marble Crushing • Cement • Any other industry to be specified by Federal or Provincial Agency 19
- 20. Category “A” Category “B” Cement Sugar Glass manufacturing Textile Iron and steel Choloralkali plants Nitrogenous fertilizer Dairy industry Phosphate fertilizer Fruits and vegetables Oil and Gas production Metal finishing and electroplating Petroleum refining Boilers, ovens, furnaces and kilns (gas-fired) Pulp and paper Any other industry to be specified by Federal or ProvincialAgency Thermal Power Plants (coal and oil based) Boilers, ovens, furnaces and kilns (coal and oil fired) Brick-Kilns (firewood and bagasse based) Any other industry to be specified by Federal or ProvincialAgency 20
- 21. • Pakistan EPA and SDPI jointly developed guidelines for self- monitoring and reporting by industry, which were presented and discussed during the ESC meeting of September 23, 1997 • These guidelines were circulated to provincial EPAs, FPCCI and OICCI for comments, discussed during two roundtable meeting held in Peshawar and Lahore in December 1997 and debated in the Expert Advisory Committee (EAC) on December 9, 1997 and February 7, 1998 • The document was revised in the light of these comments and discussions and again presented to Rules and Regulations for Implementation of Self-Monitoring and Reporting Program for Industry the ESC on March 10, 1998 • The committee agreed during this meeting that Pak EPA should implement these guidelines from November 1, 1998 21
- 22. • In view of limited capacity, both in trained personnel and equipment, for enforcing compliance of NEQS in the country, Pak-EPA, with technical support from Sustainable Development Policy Institute (SDPI) and local consultants, developed a self-monitoring and reporting tool (SMART) • The software, SMART, has been developed, based on “Self-Monitoring and Reporting Rules, 1998” already notified by the government • It is planned to be used by the industrial units in the country to generate reports of their emissions levels (environmental data) and send the same electronically through e-mails/floppy disks to EPAs for compilation and analyses • SMART consists of three modules, one each for industry, Provincial EPAs and Federal EPA • The Federal EPA, while registering an industrial unit, would assign a distinctive and unalterable user number to each reporting industrial unit in the country via the industry module • SMART software has an in-built provision of data confidentiality to safeguard genuine business interests of the reporting industrial units 22
- 23. • Installation of SMART Provincial modules for Provincial EPA’s at Quetta, Peshawar, Karachi and Lahore • Improvement in SMART software to make it more user friendly • Financial resources may be explored to cover expenses required for above and SMART program expansion to 400 units in the country 23
- 24. • Section II Prohibition of certain discharges or emission: i. Subject to the provisions of this ACT and the rules and regulations made thereunder no person shall discharge or omit or allow the discharge or omission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the National Environmental Quality Standards or, where applicable, the standards established under sub-clause (I) of clauses (g) of sub-section (1)of section 6 ii. The Federal Government levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub-section (1), to be calculated at such rate and collected in accordance with such procedure as may be prescribed iii. Any person who pays the pollution charge levied under sub-section (2) shall not be charged with an offence with respect to that contravention or failure iv. The provisions of sub-section (3) shall not apply to projects, which commenced industrial activity on or after the thirtieth day of June, 1994 24
- 25. • Khwaja, M. A. (2001). Present Status of Implementation of Self-monitoring and Reporting Program SMART for Industry. Sustainable Development Policy Institute. • Self-Monitoring and Reporting by Industry Rules, 2001 (SMART) 25
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