Parliamentarians for Global Action Parliamentary Workshop on Clean Air and Clean Water In Cooperation with the South African Ministry of Health and the South African Ministry of Water Affairs and Forestry August 29-30 2002 Summer Place Hotel, Johannesburg, South Africa ---------------------------------------------------------------------------------------------------------------------------Session on 29 August 2002: A Singapore Case Study: Cleaning Up Air Pollution in a Generation ---------------------------------------------------------------------------------------------------------------------------by Koh Kheng–Lian Professor, Faculty of Law, National University of Singapore; Director, Asia-Pacific Centre for Environmental Law (APCEL) Faculty of Law; National University of Singapore; Email: lawkohkl@nus.edu.sg IUCN CEL Vice Chair for South and East Asia 1. Introduction Today, Singapore's air quality standards meet those of the US Environmental Protection Agency (USEPA), and the emission standards are within those of the World Health Organisation. That Singapore's clean air has been achieved over a generation - dating from the 1960s in tandem with its rigorous industrialisation and urbanisation programmes, after it achieved self government in 1959 and went on to gain independence on 9 August 1965 (after it separated from Malaysia) - is worthy of a case study. Apart from local sources of pollutants, Singapore has had in more recent times to deal with the transboundary haze pollution from Indonesia; Singapore has also to cooperate with international efforts in addressing global concerns relating to the depletion of the ozone layer through greenhouse gases and global warming due to climate change. Unlike what it was some 40 years ago - only an entreport port and a trading centre - Singapore is today a sophisticated urban, industrialised city state. It has a total land area of some 682.3 sq km, and a population which grew from about 1.64 million in 1960 to over 4 .13 million today (http://www.sg, accessed 25 July 2002), with the resident population growth of 1.7% (2000 -2001). After separation from Malaysia in 1965, Singapore had to embark unrelentlessly on an industrialisation and urbanisation process, both for economic and political survival, and at the same time work towards giving its citizens a “quality of life”. In the context of Singapore's efforts in achieving clean air, it should be noted that apart for Singapore's twin developments above mentioned that cause atmospheric pollution, other sectoral industries are also pollutive or potentially pollutive to the atmosphere. The fourth largest port in the world, Singapore also is top in bunkering services. It is the world's third largest oil refining centre with a total capacity exceeding one million barrels a day. Other industries include petroleum products, petrol - chemical and chemical products, and refined petroleum products. In recent years a new island - the Jurong Island has been devoted to the fast expanding petrol- chemical industry. The July 2002 Singapore info map (www.sg) points out that the chemicals and chemical products industry has risen due to the pharmaceutical industry. Singapore's electronics industry has suffered a downturn due to less global demands. It may be noted that some of Singapore's earlier pollutive industries such as cement works, food processing and sawmills in the first days of industrialisation have over the years been deliberately been reduced or phased out, as Singapore moved on to high technology industries. In working towards clean air over a generation spanning some 40 years, Singapore has developed an integrated, comprehensive approach to clean air management, having regard to the type of pollution for various sectors of industries, such as petroleum, oil and chemicals which require extreme care in transportation, storage, handling, etc (see infra). There are various levels to the holistic approach: 1 vision and policies; strategies, plans, programmes, guidelines, codes of practice and initiatives; laws and regulations; air governance. There has been an attempt to synergise all these levels to deal with pollutants from the various industries. So far as urbanisation is concerned, vehicular emissions is one of the main causes and, with a population density of 6,055 per sq km as at 2001, it is important to curb air pollution. As Singapore is hot and humid all year round (25 - 30 degrees centigrade and 80 per cent humidity), it is a nation of air conditioners but as we shall see, Singapore has an interest in the dealing with the ozone layer. The above introduction highlights the priority Singapore has given to deal with air pollution and to make it a livable sustainable city with clean air amongst other things. 2 A Generation of Clean Air in the 'Making': An Integrated, Comprehensive Approach Singapore's success story begins with the political will to curb air pollution at the beginning of Singapore’s development cycle. It started with the vision of the former Prime Minister of Singapore, Lee Kuan Yew who, at the dawn of industrialisation and urbanisation in the 1960s, conceived Singapore as a clean and green city. Perhaps no other Prime Minister in the world had initiated a tree planting campaign as the then Prime Minister did in 1963 - he foresaw that trees played an important role in the development process, including cleaning the air. But for the early vision, Singapore would have been turned into a bleak, blighted, smoky and polluted city as some of the industrialised, urban cities are in the world today. It may be observed that while much of its natural fauna were bulldozed to make way for development, it was subsequently substituted with cultivated greenery to make it a Garden City. Today, the Garden City serves as a carbon sink to reduce carbon dioxide. Indeed, one of the recommendations in the Draft Singapore Green Plan 2012 on "Clean Air " is "to require industries to plant trees… to mitigate their CO² emissions. " The most critical period was in the 1960s to 1970s. After its independence in 1963 Singapore had to embark on a programme of rapid economic development. In 1968, at the height of industrialisation and urbanisation, the Minister of Health, at the second reading of the Environmental Public Health Bill, said in Parliament: " The improvement in the quality of urban environment and transformation of Singapore into a Garden City …clean and green - is the declared objective of the Government." "Clean" includes clean air. To implement its objective an Anti - Pollution Unit was established in the Prime Minister's Office under the watchful eyes of the then Prime Minister, Lee Kuan Yew. When the Ministry of the Environment (ENV) came into existence in 1972 the Unit was transferred to it. A. Clean Air: From "Visions" to Missions and Implementations A 'big picture' vision can be an effective beginning of a dream to be realised if it is not meant to be just hortatory. This is so in the Singapore context. There have been three "visions" of Singapore as a sustainable/ environment city of which clean air features prominently. First, in 1968 it was declared in Parliament to translate Singapore into "garden city - clean and green …". Second, in the 1990s having fulfilled its dream of being a garden city, it saw its second vision as a "model Green City" by the year 2000. Third, the latest vision is contained in the Singapore Green Plan 2012 (to be launched on 24 August 2002) is a " A Global City with Environment Comparable to the Best in the World" (see below). One of the key thrusts of this vision is "quality living environment" with clean air as one of the elements (see Annex 1). The three visions are a seamless continuum as Singapore takes on the challenges both at the national, regional and global fronts. In the SGP 2012, Singapore will introduce new policies and measures to ensure that its air quality continues to meet the international standards. It will adopt a holistic energy - environment strategy to encourage the use of cleaner energy and to promote energy efficiency. These visions have been translated into the various missions of the ENV over the last three decades, the latest being " the implementation of pollution control measures …so that our air … quality will meet international standards …. " Indeed, our air quality has fulfilled this mission. One of the main reasons for Singapore's success is the political will to make Singapore clean has been unabated because it is the same government that has been in power since 1959 and the second echelon leaders are still of one mind in the pursuit of Singapore's clean air vision. With its small land area and with no natural resources, industrialisation was the answer. However, factories that were to be set up 2 in Singapore will inevitably be near residential areas because of its tiny land size. Hence, Singapore cannot afford to take any chances as any disaster causing air pollution may have grave consequences. This coupled with an ever growing affluent population which over the last forty years saw a growth of over two and half million increase in population would mean more demands on energy, and a growth on car population bringing with it problems of vehicular air pollution. B. Strategic Landuse Planning - Sitting of Industries The overarching strategy for pollution control is the judicious siting of industries and site assessment, particularly for pollutive industries. Singapore inherited a land use planning system from its colonial masters - under the Singapore Master Plan first approved in 1958 (under the Planning Act), land was zoned according to a number of categories, for example, residential, commercial, catchment areas, parks and open places and industries. The original Master Plan 1998 focused more on the physical rather than the environmental aspects but as Singapore was being industrialised, more consideration was given to grouping pollutive industries they were sited more to either the seaward side of the island or the off -shore islands, eg ship repairing, saw milling, flour and feed milling, cement manufacturing, oil refining and petrol chemical industries. These are away from the residential areas. Strategic planning issues are also considered: identification of development constraints in regard to land uses such as pollutive industries; identification of land areas for utility installations and infrastructure (refuse disposal facilities, sewage treatment plants), gas works; and hazardous goods storage. Subsequently, the Master Plan was supplemented by the non - statutory Concept Plan in 1990, which was the overall planning for Singapore to make way for the "next lap … a quantum leap in the quality of our environment." (Forward to Living the Next Lap: Towards a City of Excellence, URA 1991). The latest update is Concept Plan 2001 which aims to create a more " livable city" for a future population when it reaches 5.5 million. In addition to strategic planning for pollutive industries, under the Code of Practice on Pollution Control, first published in 1995 pollutive activities are subject to site assessment before change of use or rezoning. These activities are listed in Appendix 21 of the Code and include oil installations and premises storing, handling and using large quantities of hydrocarbon products; chemical plants, chemical warehouses. Indeed, industries coming into Singapore have to satisfy the National Environment Agency (formerly processed by the Pollution Unit of the Singapore Ministry of Environment) that they can install equipment or processes to deal with its pollution. Otherwise such industry will not be given a licence to operate here. C. Clean Air Plans, Programmes, Guidelines, Initiatives and Code of Practice on Pollution Control Before we deal with the hard laws and regulations let us consider some of the "soft laws". The various, plans, programmes, guidelines, initiatives and the Code of Practice on Pollution Control (http://www.env.gov.sg) are part of an overall synergistic, preventive approach to air pollution control. They range from a 'cradle to grave' approach should the preventive approach fail and a disaster arises. Thus they deal with matters such as whether to approve a building plan for a pollutive industry, to environmental infrastructure, siting of industries, planning for decentralisation to reduce vehicular pollution, import of toxic wastes, research into energy saving, clean technology, future initiatives for clean air, monitoring, and when a disaster does occur - guidelines for emergency and contingency plans, and capacity building. These various soft law instruments have developed only in the 1990s after Rio UNCED 1992, and as Singapore moved into the next stage of industrialisation and as its population began to grow more rapidly with a growing affluence at that. This meant more sophisticated industries such as the chemical refining industry and an ever increasing demand more energy. 3 (i) Clean Air Plans, Programmes, Guidelines and Initiatives In the 1990s, soon after the call from Rio UNCED 1992, Singapore established a number of " Green Plans" including the Singapore Green Plan: Workgroup 4 on Clean Technologies (1993), with clean air as one of its concerns. Also established in 1993 was the Singapore Green Plan Workgroup 3 on Resource Conservation and Waste Minimisation. Resource conservation programmes aim to minimise use of energy, water and other raw materials, and, hence reduce waste generation. In the case of minimisation, the terms of reference included keeping carbon dioxide emissions below OECD averages. Pursuant to this, action programmes were formulated to promote energy efficiency and resource conservation. To improve efficiency, combined-cycle technology is introduced wherever it is technically feasible to do so. In 1999 a Review Committee for Resource Conservation and Waste Minimisation was established comprising government ministries, statutory boards and government departments, private sector and academics. The objectives of the of the committee are: • • • review the waste management policy, strategy and programmes; summarise the progress and achievement in waste management; identify the areas for improvement and changes; and make future plans in waste management system. Some of the recommendations of the above two Workgroups and those of the Review Committee have been consolidated into the Singapore Green Plan 2012 which will be launched on 24 August 2002. One of the key thrusts in the 2012 Plan is " Quality Living Environment" with air as an element. Some of the clean air initiatives under the Plan include developing innovative ways to manage industries more effectively such as encouraging the use of cleaner energy, eg solar energy, importing electricity; sourcing for new emerging technologies in areas like renewable energy (eg wasted heat recovery and use) (see Annex 1). (ii) Code of Practice on Pollution Control The Code of Practice on Pollution has been constantly updated since its first edition in 1994, with the latest amendments up to June 2002. The scope includes air pollution. The aim of the Code is to inform industrialists, architects, professional engineers and consultants on pollution control requirements for the submission of developments and building plans. The Code proceeds on the basis that environmental impacts resulting from developments can be mitigated by judicious siting, antipollution measures and taking other preventive measures at the planning stage. In the case of "special industries" (Appendix 4 of the Code), for example, industries that have the potential to cause serious air pollution (oil refineries, petrol chemical plants, toxic industrial facilities) may be required to conduct quantitative risk assessment (QRA) study aimed at identifying and quantifying hazards, determining impact zones due to accidents which might lead to fires, release of toxic gases (impact zones shall not extend to any residential buildings); and facilitating emergency response plans. Special industries may also be subject to pollution control (PC) study which seeks, inter alia, to identify the sources of emission of air pollutants and propose measures to reduce pollution. The Code contains Guidelines for leak tests (Appendix 14) and Guidelines for Contingency Plan to deal with leaks from underground tanks which could be flammable or combustible. (iii) Guidelines There are a number of guidelines, eg, the Guidelines for Good Indoor Air Quality in Office Premises published in 1996 by the Institute of Environmental Epidedemiology of ENV deals with maximum acceptable concentrations for indoor air quality of carbon dioxide, carbon monoxide, formaldehyde, volatile organic chemicals and ozone. It also addresses indoor air temperature, humidity and air movement. There are also guidelines for the management and disposal of radioactive wastes. 4 D. Clean Air Laws Relating to Local, Regional and Global Atmosphere (a) Local: industrial and vehicular air pollution in Singapore I will focus two main types of sources of local pollution which are the direct result of Singapore's twin developments: industrialisation and urbanisation. The main local pollutants are sulphur dioxide, oxides of nitrogen, ozone, carbon monoxide, particulate matter (eg lead compounds). I shall also briefly include other sources of air pollution. A host of laws and regulations on clean air have been passed, particularly since 1971 focusing on pollution caused by industrialisation and urbanisation (eg. vehicular pollution). ( i ) Control of industrial pollution The most critical "generation" of cleaning up air pollution was the decade from the throes of its industrialisation and urbanisation period. As we shall see, this was also a period where the first Clean Air Act was passed in 1971 together with other rules and regulations, all of which aimed at preventing and controlling air pollution. The rationale of the Clean Air Act 1971 was stated in Parliament: The ill effects of air pollution on human beings are numerous,…they are impairment of general health, irritation of the eyes and throat, and chronic bronchitis…. It can also cause economic loss through high maintenance costs and loss in man - hours, and can also contribute to the physical deterioration. (Singapore Parliamentary Debates Official Reports, vol 31, 1971 - 1972, col 449). Singapore could have adopted the 'pollute now and clean up later' as many developing countries have done so. But Singapore chose not to as it realised that the economic and health costs would end up higher. This Act has since been updated and replaced by the Environmental Pollution Control Act 1999 (Ch 94A http://agcvldb4.agc.gov.sg/). The Act and its regulations seek to control air pollution from industrial sources. Industries are required to install, operate and maintain air pollution control equipment efficiently to meet emission standards. Industries, which have the potential to cause serious air pollution, are classified as Scheduled Premises under the EPCA. Such industries include cement works, gas works and petroleum works and require a licence to commence operation. In granting a licence, certain conditions may be imposed to ensure that pollution of the environment, as well as hazardous substances are adequately managed and controlled. For example, it may be required to install emission monitoring equipment to record the level of emission. Other control measures under the EPCA include prohibition of dark smoke from chimney and compliance with emission standards. New industrial air emission standards for industries were introduced by the Environmental Pollution Control (Air Impurities) Regulations 2001, which came into force on 1 January 2001. The new standards are intended to reduce industrial air emissions. These regulations were drawn up after consultations with industries and have taken into account industrial processes and air pollution control technologies. One of the new provisions in the updated 1999 EPCA relates to impact analysis of hazardous under section 26 where the Director of Pollution Control can require the owner of hazardous installation to carry out impact analysis studies of hazardous installations evaluating the effects of fires or other disasters and identifying preventive measures. The Director may also direct measures to prevent, reduce or control potential hazards. The Director can also require any person who intends to carry out any activity that is " likely to cause substantial pollution " to carry out a study on environmental potential hazards" (section 36). Singapore has prohibited open burning of trade and industrial waste materials since the 1970s as it causes serious air pollution. The recent update is contained in the Environmental Pollution Control (Prohibition on the Use of Open Fires) Order 1999. Clean air includes air free from odours and under the factories Act, factories are required to reduce fugitive or residual emission of odorous substances. 5 Compliance testing and checking in factories Under regulations made under the Factories Act, regular inspections are made on industrial and nonindustrial premises to ensure compliance with pollution control requirements. Control of fuel-burning equipment Fuel-burning equipment uses either gaseous fuel or fuel oil that contains sulphur. The main air pollutants arising from fuel-burning are sulphur oxides and smoke. The emission of sulphur oxides is controlled by limiting the sulphur content in fuel. Industries located in designated industrial estates are required to use fuel oil containing not more than 1% sulphur by weight. Those located near housing estates or residential premises are required to use cleaner fuel, viz. diesel with 0.05% or less sulphur content, or town gas. In addition, the height of chimneys and the exit velocity of the flue gases are controlled to ensure proper dispersion of flue gases. Operators of industrial boilers with a steam generating capacity of 2,300 kg/h or more are required to monitor their smoke emissions. Smoke density meters are installed in the chimneys to continuously monitor the smoke intensity to ensure compliance with the Ringelmann No. 1 standard. Petroleum and Oil industry As the petroleum industry in Singapore is very significant, there are a number of laws, regulations to ensure its safety in transportation by land and sea, storage, prevention of pollution through spillage, and emergency measures. Under the Petroleum Act (Cap 229, 2000 Rev. Ed.) the import, export, transportation and storage of petroleum are regulated. There are provisions mandating that no dangerous petroleum may be landed after seven pm or before 7 am. There are also limits as to the quantity that could be transported. The Act gives very wide powers to inspectors to enforce the provisions under the Act. There are also regulations made under the Act such as the Petroleum (Transport and Storage) Rules which deal with packaging and storage, etc. The transport of petroleum by sea, loading and discharging of petroleum are governed by the Maritime and Port Authority (Dangerous Goods, Petroleum and Explosives) Regulations 2000 Rev. Ed., Rg 2. (the Regulations also governs dangerous goods and explosives). There is also a Code of Practice for Bunkering Barges/Tankers, 1996 (see above). As petroleum is highly flammable, the Fire Safety Act (Cap 109A, 2000 Rev. Ed. (Act 39 of 1993), inter alia, deals with the transportation, dispensation and storage of petroleum and other flammable materials. A licence is required to deal in petroleum and its storage. In the case of carriage of petroleum, explosives and dangerous goods within the port, the Maritime and Port Authority (Dangerous Goods, Petroleum and Explosives) Regulations regulate its transportation. The Prevention of Pollution of the Sea Act (Act 18 of 1990, Cap 243, 2001 Rev, Ed.) which implemented MARPOL) and regulations made thereunder also deal with matters relating to oil, oil pollution Preparedness, Response and Cooperation, Noxious Liquid Substances in Bulk, Reporting of Pollution Incidents. An Oil tanker of 150 gross tonnage and above, and any other ship of 4000 gross tonnage and above must obtain an International Oil Prevention Pollution Certificate. Provision is also made for emergency response. Penalties of fine and imprisonment are attached to breach of the law and regulations. Radiation In the shipbuilding and ship repairing industries, and other industries (apart for hospitals and research institutes), irradiating apparatus and radioisotopes are used for non-destructive testing and radioactive tracer technology. Ionising from radioactive materials and irradiating apparatus are potentially dangerous, and can impair health. In 1969 an ad hoc Committee was appointed by the Minister for Science and Technology to advise on matters relating to the use of radioisotopes and irradiating 6 apparatus. This was the time when the shipbuilding and repairing industries were developing and scientific research into radiation was also conducted. As a result, the Radiation Protection Act was passed in 1991 (8 of 1991; Cap 262 1992 Rev Ed) and the Radiation Protection (Non- Ionising) Regulations, and Radiation Protection (Transportation of Radioactive Materials) Regulations were made under the Act - deal with maximum levels of radiation at the boundaries of an area where a particular activity is undertaken., and packaging and transportation. The Act seeks through licensing to control and regulate the importation, manufacture, sale, disposal, transport, storage, possession and use of radioactive materials and irradiating apparatus. There are also Guidelines for management and disposal of radioactive wastes (see above). Hazardous substances The Environmental Pollution Control (Hazardous Substances) Regulations made under the ECPA (Regulation 4, 2001 Ed), deals with the transport, import, storage and supply of hazardous substances. Penalties from fines up to $30,000 or imprisonment are imposed. An emergency plan is established under the Regulation to deal with accidents and emergencies such as spillage, leakage or storage of a hazardous substance. The Factories Act also provides for information on hazardous substances in factories. Toxic industrial waste The Environmental Public Health (Toxic Industrial Waste) Regulations deal with the generation, collection, treatment, disposal and storage of toxic industrial waste. The regulations cover the keeping of records, analysis of toxic samples, providing necessary information to the waste collector. A waste collector must have a licence to operate, and ENV requires that before a licence is given, the waste collector must undertake to treatment and disposal facilities. There are penalties for breach of the regulations. Indoor air quality Indoor air quality in factories is important in order to protect the health of the workers. Under the Factories Act (Cap 104, 1998 Rev Ed. Order 8) special measures must be taken to remove toxic or offensive dust, fumes or other contaminants. (See also the Factories (Permissible Exposure Levels of Toxic Substances) Order (s.343/96 which came into effect on 1 January 1997). Under the recent Environmental Public Health (Cooling Towers and water Fountains) Regulations (made under the Environmental Public Health Act) owners and occupiers of buildings must clean and disinfect all cooling towers and water fountains at least once every six months and carry out legionnella bacteria testing at least once every three months. This came into effect on 1 February 2001 (see Guidelines for Good Indoor Air Quality in Office Premises, above). There are other laws controlling indoor air quality which are outside the scope of industrial pollution, for example, Smoking (Prohibition in Certain Places) Act 1970. Others There are also other laws relating to air pollution such as the Poisons Act which has an impact on industrial pollution; also tax incentives given under the Income Tax (Efficient Pollution Control Equipment) Rules 1996 pursuant under the Income Tax Act (section 19 A) provides ….. Energy - saving project: waste heat from petrolchemical plants The petrol chemical plants on Jurong Island are embarking on a project to recover waste heat from the plants to power a centralised cooling system for the Jurong Industrial estate. It is expected to go into operation on 2008 and this could save some 20 % of the Estate’s energy bill 7 Tax incentives Under the Income Tax Act section 19A there are 100% write offs in respect of capital expenditure for a number of "efficient pollution equipment or device" (section 19 (1D)), " certified energy -efficient equipment ", or "certified energy-saving equipment" (section 19 (1E)), or a certified machine, equipment or system, or chemical hazard control device or measure (section 19A (1G). Under section 19 A (6) (c) an" efficient pollution control equipment or device" is defined as any "equipment for the purposes of preventing, controlling or reducing air pollution….". A certified energy-efficient equipment " includes any air conditioning system, any boiler, water pumping system, etc. A "certified energy -saving equipment " includes any solar heating or cooling system; any solar energy collection system; any computerised energy management. All these have to be certified by the Singapore Productivity and Standards Board to be energy-saving equipment. The equipment under 1G is also defined, eg, "Certified effective chemical hazard control measure" includes any fugitive emission control equipment or system. Under the Income Tax (Efficient Pollution Control Equipment) Rules 1996, the criteria for efficient pollution control equipment are set out and depends on the emission levels of pollutants. (ii) Pollution from Vehicles Mobile emissions from vehicles contribute to air pollution. As Singapore became more affluent and as the vehicle population began to grow, Singapore adopted a multi - pronged approach -the measures undertaken to curb vehicular air pollution are indirect and direct controls. The indirect measures include a combination of traffic management such as establishing mass rapid transport, encouraging car pools, improving road infrastructure, restricting car ownership, restricting the number of cars within the city during certain hours, encouraging use of alternative fuels and phasing out old cars. . Also, to reduce vehicular pollutants, there is the strategy of decentralisation to get people to live nearer their place of work. Apart from these there are the end-of tailpipe controls and standards: Vehicle emission standards Emission standards for vehicles were introduced in 1991. In diesel-driven motor vehicles, the standard for exhaust emissions for such vehicles registered for the first time on or after 1 January 1991 must comply with the standard for exhaust emissions in ECE Regulation 24.03 annexed to the abovementioned United Nations Agreement (rule 38m (1) of the above Rules). Rule 41 provides that very motor vehicle (other that a motorcycle powered by a four-stroke petrol engine), registered on or after 1 March 1972 must be so constructed or equipped with a device such as to prevent the escape of gas from the crankcase. In the case of motorcycles and scooters registered on or after 1 October 1991, the standard for exhaust emissions is that specified in the United States Code of Federal Regulations (40 CFR 86, 410-80). The standard for exhaust emissions has been gradually regulated since 1986. Under the Road Traffic (Motor vehicles, Construction and Use) Rules, rule 35 (as amended, GN S 316/92) provided that all petrol-driven motor vehicles registered for the first time on 1 July 1992 must comply with the standard for exhaust emissions specified in ECE Regulation 83 annexed to the United Nations agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Vehicle Equipment and parts, or the Japan Safety Regulations for road vehicles, Article 31. Over the years, emission standards have been tightened to keep up with new vehicle technology. As at 1 January 2001, the emission standards of petrol-driven and diesel -driven cars have to comply with the Euro II standards. There is also mandatory periodic inspection of vehicles to ensure emission standards are complied with, and the efficacy of catalytic converters. 8 Lead concentration in petrol has been progressively lowered since 1980 to the current level of 0.15 gm per litre of petrol and leaded petrol was phased out on 1 July 1998. As from 1 July 1991 all petroldriven motor vehicles to be registered for the first time must be capable of running on unleaded petrol. On 1 March 1999 the sulphur content in diesel was reduced from 0.3% to weight. Subsequently, he Euro emission standards were introduced on 1 January 2001. In 1999 rebates to encourage the use of natural gas (CHG) vehicles were introduced. CNG is cleaner that fossil fuel. These rebates range from between 5% and 20% of the vehicle's Open Market Value (OMV) for buses and passenger cars (including taxis) can be used to offset fees and taxes payable on registration. In addition there will be a rebate of 20% on road tax. The first CNG refuelling station opened for business on 22 April 2002. These rebates came into force on 1 October 2001 and will be reviewed on 31 December 2003. (b) Regional: Transboundary "Haze" Pollution In more recent years Singapore has been faced with not only pollution associated with its industrialisation and urbanisation process but also regional (eg Indonesian fires) and global pollutants greenhouse gases, ozone depletion, and chlorofluorocarbons. Such pollutants know no boundaries and Singapore has adopted/ ratified regional and international agreements relating to clean air. Such international pollutants like greenhouse gases (carbon dioxide, nitrous oxide, methane, chlorofluorocarbons) sulphur dioxides are also produced by industrialisation and vehicular pollutants in Singapore. The Indonesian forest fires have been occurring in the 1980s but it was only in the second half of the1990s that they have become very serious and those in 1997 and 1998 were disastrous, spilling into its neighbouring countries such as Malaysia, Singapore, Philippines and even Thailand. It is estimated that the 1997 fires caused Singapore and Malaysia some US $1.4 billion in increased health care and lost in the tourist industry. During the haze period, Singapore' s PSI fell below the healthy level. Then Indonesian haze has led the ASEAN member countries to draft the recent ASEAN Agreement on Transboundary Haze Pollution which was adopted by the ASEAN member states on 10 June 2002 in Kuala Lumpur. This Agreement gives effect to the 1997 Regional Haze Action Plan and the ASEAN Cooperation Plan of Action on Transboundary 1995. The preamble to the Agreement states that the Parties to the Agreement are concerned that a rise in the level of emissions of air pollutants within the region, and that there is a need to strengthen international co-operation to develop national policies for preventing and monitoring haze pollution. The so-called " haze" a euphemistic word to describe the fires, is defined in the Agreement as "smoke resulting from land and/or forest fire which causes deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and other legitimate uses of the environment. " The objective is stated to prevent and monitor transboundary haze pollution as a result of land and/or forest fires which should be mitigated, through concerted national efforts and intensified regional and international co-operation. Article 9 provides for each party to prevent and control activities related to land and /or forest fires that may lead to transboundary haze pollution. These measures include developing and implementing legislative and other regulatory measures, as well as programmes and strategies to promote zero burning. An ASEAN Coordinating Centre for Transboundary Haze Pollution Control is established to facilitate co-operation among the members. Singapore has played an active role in ASEAN’s efforts to combat the “Stage”. (c) International: Cooperation and Agreements on Clean Air/ Atmosphere Some of the global efforts relating to air pollution are directly relevant to Singapore. Singapore has been a member of the International Atomic Energy Agency (IAEA) since 1967. On March 2000, it signed a Memorandum of Understanding with IAEA to promote training in areas relating to health such as radiation protection, industry and environment. 9 Singapore has ratified the following international conventions relevant to attaining clean air: • Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal, 1989 (Basel Convention). Singapore acceded to the Convention on 2 January 1996. The Hazardous Waste (Control of Export, Import and Transit) Act was passed on 19 November 1997, and came into effect on 16 March 1998. The Convention provides for the regulation of the export, import and transit of hazardous and other wastes and provides obligations to its parties to ensure that such wastes are managed and disposed of in an environmentally sound manner. • United Nations Framework Convention on Climate Change 1992: On 29 May 1997 Singapore ratified the UNFCC but it is not a signatory to the Kyoto Protocol, 1998. (The Protocol imposes legally binding targets on 38 industrialised nations to cut their collective greenhouse gas emissions to 5.2 percent below the 1990 levels in the period 2008-12.) The Convention seeks to mitigate the effects of climate change by limiting the emission of greenhouse gases. These gases are carbon dioxide, methane, nitrous oxide, chlorofluorocarbons, hydroflurocarbons and sulphur hexafluoride. These greenhouse gases are the cause for warming the atmosphere and potentially triggering an environmental chain reaction that could raise the sea level, change ocean current flows and intensify damage from storms, droughts and the spread of tropical diseases. Singapore is fulfilling its obligations by promoting energy efficiency and resource conservation. It is also turning to natural gas. It has also adopted a policy to limit carbon emissions in a numbers of sectors, particularly in transport and energy. It attended the 6th Conference of Parties (COP-6) from 13 to 24 November 2000 in The Hague and will be looking into some of the issues discussed at the meeting such as carbon sinks. • Vienna Convention on the Protection of the Ozone Layer, 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987; London Amendment 1990 to the Montreal Protocol, the 1992 Copenhagen Amendments to the Montreal Protocol. The Vienna Convention and the various Protocols deal with the elimination of production and consumption of chemicals which are harmful to the ozone layer. It established a framework for the adoption of measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or is likely to modify the ozone layer. On 5 January 1989, Singapore acceded to the Vienna Convention and the Montreal Protocol. It also subsequently acceded to the other Amendments. The implementation of the various instruments above is contained in the Control of Imports and Exports (Montreal Protocol) (Chlorofluorocarbons) Order in 1989. The Order was revoked and replaced by the Control of Imports and Exports (Montreal Protocol) Order 1993, and subsequently replaced by the Regulation of Imports and Exports (Montreal Protocol Regulations) in 1995. Singapore also acceded to the London Amendment in March 1993, the 1992 Copenhagen Amendment and the 1997 Montreal Amendment to the Protocol in September 2000. The Montreal Protocol deals with control measures and phase-out schedules for various Depleting Substances (ODS) such as CHCs, Halons, HCFCs and methyl bromide. These are being phased out. Since 1996 Singapore banned the import of HBFCs. Measures to phase out ozone-depleting substances started in 5 October 1989 with the implementation of the quota allocation system for Chlorofluorocarbons. A prohibition was imposed for the import and manufacture of nonpharmaceutical aerosol products and polystyrene sheets /products. Industries are encouraged to replace HCFCs with non- ozone -depleting substitutes and technologies whenever possible. . In 2000 the EPC (Ozone Depleting Substances) Regulations was passed and came into effect on 1 January 2000, implementing the Montreal Amendment and Copenhagen Protocol. (The Singapore Green Plan, Workgroup 4 on Clean Technologies (Feb 1993) had recommended a phase out use of ozone- depleting 10 substances. It recommended the phase out schedule as revised at the Copenhagen in 1992, and to promote fiscal incentives to switch to CFC - free technologies to meet the target date set by the Montreal Protocol.). These are being implemented, as noted. In 1996 Singapore banned the import of CFCs and also the import of HBFCs. The Ministry of Trade and Industry, through the Trade Development Board, administers a Tender and Quota Allocation System to cap the consumption of ODS in accordance with guidelines set by the Protocol. The system ensures equitable distribution of the controlled supply of ODS to registered distributors and end-users. • Convention on Persistent Organic Pollutants, 2001:On 23 May 2001, Singapore signed the above convention. It calls for measures and international cooperation to control the production, use, trade and disposal of substances termed as persistent organic pollutants. There are 12 pollutants on the list. • Rotterdam Convention on Prior Informed Consent, 2000: It seeks to regulate international trade of 27 hazardous chemicals using the " prior Informed " Procedure. Two more pesticides have been added to the list. ENV is Singapore's the focal point for Interim PIC procedure. Singapore participated at the 7th Session of the International Negotiating Committee (INC - 7) of the Convention held from 30 -October - 3 November 2000 in Geneva. 4. Clean Air Governance Three of the most importance aspects of governance are the institutional architecture for air management, the compliance, enforcement and monitoring system and capacity building. (a) Institutional architecture for air governance The institutional framework for management of air pollution has over the last forty years developed from a mere Anti - Pollution Unit in the Prime Minister's Office in 1970, to a full-fledged Ministry of the Environment (ENV) in 1972, with various divisions dealing with air/atmospheric pollution. Before ENV was restructured on 1 July 2002, some of the relevant divisions of the ENV concerned with air pollution were the Environmental Policy & Management Division; Pollution Control Department; Strategic Planning & Research Department; and the International Environmental Policy Division. Together, they were responsible for the policy and operations relating to air pollution, including transboundary pollution with neighbouring countries, and also international concerns relating to climate change, depletion of the ozone layer, etc.. Over the last few years air pollution management has become more complex as the neighbouring Indonesian haze has shown and as Singapore enters the regional and global arena to cooperate in dealing with pollution. These have had impact on air governance on the home front. The achievement of clean air is not just dealing with pollution but includes considerations such as energy saving, clean technologies, clean fuel and other factors that are relevant in ensuring clean air. A more effective institutional governance architecture is required to carry out these tasks. • NEA:On 1 July 2002, the Ministry of Environment was restructured to make for better governance. A new statutory board was established, namely, the National Environment Agency (NEA), which is a statutory board (http://www.nea.gov.sg). Under the set up of NEA, the following are some of the divisions under it which relate to air: Environmental Protection; Pollution Control; Meteorological Service; Singapore Environment Institute. NEA will seek to strengthen partnerships with the people, private and public (3P) sectors. As a statutory board, NEA 11 will have greater administrative autonomy and flexibility, to work with the 3 Ps on innovative ways to deal with environment, including clean air. The Environmental Policy and Management Division' of NEA's role is to protect and sustain a good quality environment. It will continue to implement programmes to monitor, reduce and prevent environmental pollution. More importantly, it will also spearhead new initiatives to deliver environmental performance and enhance sustainable development. Its key goals in resource conservation will include waste minimisation, recycling and energy efficiency - this is an area which Singapore has recently embarked on. The Meteorological Services Division has merged with ENV- NEA (also PUB). It provides meteorological information to the aviation and maritime sectors. It will continue to serve as the ASEAN's haze monitoring centre in the region's efforts in pre-empting, preventing and combating transboundary haze pollution. • ENV: As for the ENV after the restructuring on 1 July 2002, it will focus on strategic policies and other matters. The two divisions that are relevant to " clean air" are the Strategic Policy Division, dealing with policy review and formulation; Corporate Communications & International Relations Division, which will deal with international relations. The NEA and ENV will liaise with other relevant government ministries and agencies such as the Ministry of Trade and Industry, Trade Development Board, Ministry of Communications and its Land Transport Authority, Singapore Maritime Port Authority on relevant issues pertaining to air. In 1988, the Inter-Agency Committee on Energy Efficiency (IACEE) was formed in the Ministry of National Development (MND) to promote energy efficiency. The Committee’s roles include reviewing current energy usage and projecting future energy needs and demand and benchmarking Singapore’s energy consumption efficiency against other cities of the world. It has also established the impact of building regulations, energy pricing policies and other energy-related policies on energy demand and supply as well as on land resource planning and recommended policy measures to improve energy efficiency. On 1 April 2001, the IACEE was reconstituted into the National Energy Efficiency Committee (NEEC). This Committee has spearheaded programmes to encourage more efficient use of energy by industries, homes, commercial buildings and vehicles. It has also introduced a labelling scheme to identify energy-efficient electrical equipment and appliances. (b) Compliance, enforcement and monitoring Singapore's compliance, enforcement and monitoring are effective for a number of reasons. First, some general remarks may be made. Singapore is a small country and access to any part of the main island is within half to one hour. For example, if there is a fire in one of the industrial complexes, the fire engines and the Civil Defence Force can be at the place within the hour. It is virtually corruption free and this makes for very effective compliance and enforcement of the laws, particularly when enforcement officials rather than judges are involved in the process. When a case does get to the court, for example a pollution case, Singapore's justice system is also corruption free and effective. Moreover, the general philosophy of punishment is deterrence and this is preventive in nature. The approach to compliance which Singapore has adopted is educative. First offenders are usually not booked but a warning given and the person would be "educated" so that he would not repeat it again. Monitoring includes inspections at site to ensure compliance with, say, emission standards and other compliances. Singapore's ambient air quality and roadside air quality are monitored daily through the Telemetric Air Quality Monitoring and Management System. There are 18 remote stations linked to a Central Control Station. 12 (c) Capacity Building Capacity building is an overarching element in sustainable development. A new Singapore Environment Institute has been established in the NEA which will take over the function of training from the ENV under the restructured ENV (see above). Other institutions that have engaged in capacity building in the area of environment (including air pollution) are the Asia Pacific Centre for Environmental Law (established by the Faculty of Law, National University of Singapore), the Regional Environmental Institute of Technology and other institutions. A Master of Science in Environmental Management course was launched in 2001 at the National University of Singapore with seven faculties involved in the teaching. Courses in environmental law are also offered in the Faculty of Law. There is a vibrant climate of capacity building in environmental law, policy and management in Singapore. In all these courses clean air features as part of the syllabus. Conclusion Singapore has been vigilant over the whole generation of its development to keep pollution at bay. It began with a clear and vision in 1968 which was upgraded in 1990 and now to a projection to 1202 (see above). So far, Singapore has attempted to work closely to realise these visions. It had been constantly reviewed its strategies, policies and has had a core of priorities - all these including updating its laws, exploring innovative techniques, and adopting a holistic approach to air management. In its latest Singapore Green Plan 2012, it has proposed a number of initiatives which aim at realising its vision of "a global city with an environment comparable to the best in the world." This includes clean air up to world standards. 14 August 2002 13 Annex 1 SINGAPORE GREEN PLAN 2012 (Launch: 24 August 2002) SOME INITIATIVES PROPOSED IN SUPPORT OF SGP 2012 This Annex gives a list of possible initiatives that could be considered for implementation to help realise the vision of Singapore as a global city with an environment comparable to the best in the world. 1 Quality Living Environment Clean Air • Government to develop innovative ways to manage industries more effectively through judicious use of regulations and incentives that: − promote R&D in environmental technology − encourage innovative ways to limit emissions e.g. by transforming air pollutants into useful marketable products − encourage industry to set up and certify environmental management systems to ISO 14001 through ‘green’ government procurement practices and positive discrimination on enforcement routines, government setting example by requiring all governmentlinked agencies to be ISO 14001 certified − formulate a scheme to assist SMEs obtain ISO 14001 certification − encourage the use of cleaner energy, e.g. solar energy e.g. by providing financial incentives − require industries to plant trees or undertake measures to mitigate their CO2 emissions • Require more stringent maintenance standards and enforce laws that do not allow drivers to keep their engines running when waiting for passengers Develop a holistic energy-environment management strategy to make it possible to harness cleaner energy sources (such as solar and wind energy) for mass use and achieve energy efficiency at reasonable cost. − Create market demand and keep costs affordable through appropriate incentives and financial assistance − Develop R&D capability to bring technology to the market − Change the rules to encourage energy efficient practices such as co-generation − Formalise a mechanism for close co-ordination among government agencies • • Continue to look for new emerging technologies in areas like renewable energy and provide test bed facilities for these technologies. The strategy should encourage − use of cleaner fuels and renewable energies − more efficient electricity generation − waste heat recovery and use • Import electricity (either from foreign companies or local companies set up outside Singapore) − Look into implementation of an ASEAN power grid to enable S’pore to import electricity produced by cleaner energy sources such as hydro-power, natural gas, etc. Create consumer demand for energy efficiency • 14 − − − − • • • Educate consumers on energy conservation at home, including labelling of electrical appliances Promote use of energy efficient devices, appliances and services Government to set the lead by procuring from energy efficient/environment friendly efficient companies Specific measures for tourism industry: − Raise awareness of energy conservation amongst tourists at point of entry (airport/port) − Require service apartment occupants to be separately metered and charged for energy use − Encourage deployment of intelligent building features at tourist facilities such as hotels, buildings, etc through the use of financial incentives Measures for building industry: − Set energy efficiency benchmark and continually improve it for all developments. E.g., schools, housing, public lighting − Ensure energy conservation features are incorporated in building design code − Provide financial incentives to promote greater use of energy efficient technology such as district cooling systems − Promote architectural designs that reduce energy requirements (e.g. natural ventilation, low energy lighting and efficient air-conditioning) − Extend the Overall Thermal Transfer value to industrial buildings and residential dwellings − Ensure the installation of optimal size air-conditioning units by introducing standards − Set up a research centre in the university to conduct R&D on the architectural designs that reduces energy requirement (e.g. natural ventilation, low energy lighting and efficient air-conditioning) On transport: − Make public transport alternatives available, convenient and affordable (e.g. don’t deny people access to buses when LRT is widely implemented) − Encourage cycling as an alternative mode of transport through the use of designated cycling tracks and park connectors − Make access to facilities convenient to pedestrians (spoil them with choices, even if it is at the expense of cars) 15 References 1. Environmental Pollution Control Act, 1999 (Ch. 94A) 2. Annual Report 2000, Ministry of the Environment 3. Code of Practice on Pollution Control, Third Edition, 2000 (see ENV’s website at http://www.env.gov.sg 4. Department of Statistics, Singapore, Economic & Social Statistics, Singapore 19601982 5. EPC (Air Impurities) Regulations (S.595/00) 6. EPC (Vehicular Emissions) Regulations (S291/99) 7. EPC (Prohibition on the Use of Open Fires) Regulations (S.161/99) 8. ECP (Ozone Depleting Substances) Regulations 2000 9. Income Tax Act, new s. 19A (1D-G), Chap 134 10. Income Tax (Efficient Pollution Control Equipment) Rules 1996 11. KL Koh, Singapore, in Legislation for Implementation of the ASEAN Agreement on the Conservation of Nature and Natural Resources Country Reports, 1994 12. LH Lye, Chapter 13, Singapore, in Environmental Law and Enforcement in the AsiaPacific Rim (Terri Mottershead, ed) 2002 13. LH Lye, Environmental Taxation in the Regulation of Traffic and the Control of Vehicular Pollution in Singapore, presented on Third Annual Global Conference on Environmental Taxation, 12-13 April, 2002 14. Pollution Control Report 2000, (see website above) 15. The Singapore Green Plan, 1992 and draft Green Plan 2012 (see ENV website) 16