National Workshop to Promote Cleaner
Vehicle Standards Intercontinental Hotel,
Nairobi 28th October, 2015
Overview of the Air Quality Regulations, 2014.
Prepared by: M.W. Mwai
National Environment Management Authority
Outline of the Presentation
•
•
•
•
•
•
•
•
Mandate of the NEMA
Provisions of EMCA, 1999
Air Quality Standards & Guidelines
Background
Action taken
Regulations of Vehicular Emissions
Monitoring of Vehicular Emissions
Way Forward
Mandate of NEMA
• The National Environment Management
Authority (NEMA) is a government parastatal
established to exercise general supervision
and co-ordination over all matters relating to
the environment.
• The Authority is the principal instrument of
Government in the implementation of all
policies relating to the environment.
• The Authority is established under the
Environmental Management and Coordination
Act (EMCA)of 1999
Provisions of EMCA, 1999
• Section 9(2) of EMCA details 17 statutory
functions that NEMA shall undertake.
• Section 78 of EMCA 1999 obliges the Authority
to recommend :
– Ambient air quality standards;
– Occupational air quality standards;
– Emission standards for various sources;
– Criteria and guidelines for air pollution
control for mobile and stationary sources
– Any other air quality standards.
Background to the Standards
(1)
• The state of air quality has deteriorated
over the years, resulting in increased
reported cases of Upper Respiratory
Tract Infections (URTI).
• The Economic Survey of 2012 indicates
that 39.20 million cases reported of
morbidity in Kenya; about 12.20 million
cases were attributed to respiratory
diseases.
Background to the Standards
(2)
• This indicated an increased trend of 24.1%,
25.0%, 25.5%, 26.3%,and 31.1%, for the period
2008, 2009, 2010, 2011, and 2012 respectively.
• Above statistics indicate the Upper
Respiratory Tract Infections (URTI) as a
national burden of disease has reached 31.1%.
• Causes include deterioration of the ambient
air quality, due to pollutants from the energy
sector, transport sector, among others.
Formulation of Air Quality
Regulations
• The Authority, through Key stakeholders,
coordinated formulation of the Air Quality
Regulations, 2014.
• The regulations obliges facilities to submit
emission measurements and also indicate
their immision points
• The Authority initiates measurements of
emissions in case of complaints.
Contents of the Regulations
Part I: Preliminary
Part II: General
Prohibitions
Part III: Permissible Levels
Part IV: Controlled Areas
Part V: Stationary Sources
Part VI: Mobile Sources
Part VII: Occupational Air
Quality Limits
Part VIII: Other Sources
Part IX: Licences
Part X: Appeals
Part XI: Methods of
Measurement, Analysis
and Laboratories
Part XII: Inspection and
Monitoring
Part XIII: Reporting
Part XIV: Miscellaneous
Schedules: 14 No.
Part I: Preliminary
• This section covers citation which defines
the title of the regulations as ‘Environmental
Management and Coordination (Air
Quality) Regulations, 2014. {LN 34 of 2014}
• Then there is interpretation section that
covers the definitions of the various terms
used in the regulations.
• It also includes the objectives and scope of
the standards and regulations as indicated
below:
Part I: Preliminary(2)
• Objective: To provide for the prevention,
control and abatement of air pollution to
ensure clean and healthy ambient air.
• Applicability: these regulations shall apply
to:
– All internal combustion engines;
– All premises, places, processes, operations, or
works to which the provisions of the Act and
regulations apply
– Any other appliance or activity that the CS may
order
Part I: Preliminary
(Exemptions)
• The following operations provided they are
not used for disposal of refuse:a) Back-burning to control or suppress wildfires
b) Fire fighting rehearsals or drills conducted by
fire service agencies;
c) Traditional and cultural burning of savanna
grasslands;
d) Burning for purposes of public health
protection; and
e) Emissions of air pollutants from all stationary
and mobile sources as set out under Part I of
the Fifth Schedule.
Part II: General Prohibitions
• Regulation (5) controls acts likely to
cause ambient air quality levels (AAQL)
stipulated under the 1st schedule to be
exceeded.
• Reg(6) controls emission of priority air
pollutants set out in the 2nd Schedule so
that the AAQLs under the 1st Schedule
are not exceeded.
Priority Air Pollutants(PAPs)
• These include:• Particulate matter(Dust, Black smoke,
smog, aerosols);
• SOX , NOX, CO,CO2, HC, H2S, HCL, Lead
and its compounds, Hg vapour, ozone
(03), Dioxins and Furans(PCDD and
PCDF).
• PCDD and PCDF are generated during
burning of wastes
Priority Air
Pollutants(PAPs)(2)
• This section covers:– Regulation of air pollution in general
– Definition of priority air pollutants which are
listed under the First Schedule;
– Ambient air quality levels;
– Suspended particulate matter;
– Odour guidelines, obnoxious smells, and
declaration of controlled areas
Part III: Permissible Levels
• Part III includes:– The guidelines to review the list of priority
air pollutants,
– The regulations on setting of limits on
ambient air concentrations and values as
indicated under the Second Schedule and
guided by the limit determining factors set
out under the 5th Schedule.
Part V: Mobile Sources
• Mobile source means a moving producer of air
pollution, mainly forms of transport such as
motorcycles, cars, trucks, trains and aeroplanes.
• It regulates control of emissions from internal
combustion engines,
• It defines general vehicular emission sources
and vehicular emission limits.
• It indicates Priority Air Pollutants (PAP) from
mobile sources as including:Hydrocarbons, Volatile organic compounds,
Sulphur dioxide, nitrogen oxides, particulate
matter, carbon monoxide
Part V: Mobile Sources(2)
• Reg (25) Prohibits emission of viscible
air pollutants from a stationary vehicle in
excess of of the limits set out under the
prescribed Kenya Standard.
• Reg(25) obliges every owner or operator
of a moble source to control emission of
PAPs listed under the 2nd Schedule.
• Emissions from internal combustion
engines should not exceed the vehivular
emission limits prescribed under the
Part V: Mobile Sources(3)
• It then defines the methods of test for vehicular
emissions and the inspection period for motor
vehicles,
• Reg (26) indicates that the Authority in
consultation with the agency responsible for
motor vehicle inspection order inspection of a
vehicle emitting viscible exhaust emissions
• Reg (27) requires all Commercial and PSV
vehicles to be tested for exhaust emissions
annually
Part V: Mobile Sources(4)
• It requires private vehicles to be tested for
exhaust emissions once every two years.
• It obliges the Authority in consultation
with MVIU to designate private
vehicular emission testing garages,
• NEMA and MVIU have developed an
evaluation criteria for these garages
• It regulates vehicular emissions in
accordance with KS 1515 as indicated
Part V: Mobile Sources(5)
• under the Fifth Schedule
• The KS 1515 provides the emission limits for various
vehicle categories and types.
• Then the 12th Schedule provides a guideline on the
various vehicular emission control technologies
available in the market such as Exhaust Gas
Recirculation(EGR) valves; Three Way Catalyst(TWC),
2nd Air Pumps, Selective Catalytic Reduction, Canisters,
Positive Crankcase Valve(PCV) valves.
• These guidelines exclude fuel additives and catalysts.
• Note that these technologies are dependent on
particular vehicle performance and hence optional in
Part V: Mobile Sources(6)
• meeting the requisite emission limits
• It then provides for emission reduction
measures which are basis for best
environmental practices such as fuelling
and driving practices.
Part XIV: Miscellaneous
• The section covers guidelines for
– Monitoring air pollutants,
– Greenhouse gases
– Dioxins and furans
– Air quality management plan
• Stipulates a penalty of ten thousand
kenya shillings per day for every
parameter not being complied with.
• Reg …revokes the fossil fuel regulations,
2006.{LN 131, 2006}
Schedules
• 1st Schedule: Ambient Air Quality
Tolerance Limits
• 2nd Schedule: Priority Air Pollutants
• 3rd Schedule: Emission Limits for
Controlled and Non-controlled Facilities
• 4th Schedule: Guideline on Air Pollution
Monitoring Parameters from Stationary
Sources
• 5th Schedule: General Guidelines
Schedules (2)
• 6th Schedule: List of Controlled Areas
• 7th Schedule: Acceptable Emission
Control Systems
• 8th Schedule: Emission Montoring Report
Format
• 9th Schedule: Emission Licence Forms
• 10th Schedule: Record of Pollution
Exposure Results
• 11th Schedule: methods of Test & Analysis
Schedules (2)
• 12th Schedule: acceptable Mobile
Emission Control Technologies
• 13th Schedule: Fees
• 14th Schedule: List of Controlled Facilities
Way Forward
•Implementation of the Air Quality
Regulations, 2014.
•Designation of testing garages
•Procurement of adequate mobile vehicle
exhaust emission equipment
•Capacity building in the relevant
institutions.
•Create awareness on effects of ‘Me First
Mentality’ on the urban air quality.
End
THANK YOU ALL