The National Environment Management Authority is set to tighten the noose on polluters through strengthened regulations.
The Environmental Management and Coordination (Air Quality) Regulations, 2023 is going through public participation and a national validation workshop is set for Tuesday.
“Every operator or owner of a mobile emission source including road, rail, air, marine and inland water transport and conveyance equipment, shall control the emission of priority air pollutants,” part of the draft regulations says.
The new regulations come even as studies show that air pollution is increasing in Kenya and is contributing to health-related complications and premature deaths.
The World Health Organization says approximately 19,000 people die each year in Kenya due to air pollution.
The United Nations Environment Programme cites 70 per cent pollution levels in Nairobi.
The Economic Survey Report, 2022 indicates increasing cases of diseases of the respiratory system largely associated with air pollution.
The survey shows that cases handled in 2020 were 16, 562, 227 while in 2021; reported cases were 20,613,455 indicating an increase by 21.9 per cent.
The Air Quality Regulations among other interventions provide for control of emissions from mobile sources such as vehicles, aircraft, ships and trains.
It requires commercial vehicles to undergo annual emission testing while private vehicles undergo biennial emission testing.
Nema says the objective of the regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air.
Article 42 of the Constitution 2010 says every person has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures.
The new regulations establish emission standards for various sources such as motor vehicles and stationary (industries).
It also covers any other air pollution source as may be determined by the Environment CS in consultation with Nema.
The regulations have set emission limits for various areas and facilities.
The new regulations seek to revoke the Environmental Management and Coordination (Air Quality) Regulations, of 2014.
They also provide for designating controlled areas, and the objectives of air quality management plans for these areas.
Some of the priority pollutants include Carbon monoxide, Carbon dioxide, Nitrogen Oxides, Sulphur Oxides, Hydrocarbons, Particulate Matter, Volatile Organic Compounds and Methane.
“No person shall cause or allow the emission of visible air pollutants from a stationary vehicle, tri-cycle, motorcycle or any other internal combustion engine, in excess of the limits set out under the Kenya Standard KS EAS 1047,” part of the regulations says.
Under the new regulations, all commercial and public service vehicles will undergo emission tests annually.
All private vehicles over five years old undergo emission tests once every two years.
“Transboundary movement of public and private vehicles shall adhere to these regulations.”
The regulations say every vehicle owner or operator shall ensure their vehicles undergo emission testing at centres designated by the authority.
All vessels shall undergo emission testing as stipulated under the International Convention for the Prevention of Pollution from Ships (MARPOL) while all aircraft will undergo emissions testing as stipulated under the International Civil Aviation Organization.
The regulations say all locomotives will also undergo emissions testing.
Nema will designate qualified emission testing centres to undertake emission testing on behalf of the Authority.
“The designation of an emission testing centre shall be made upon an application to be submitted to the Authority.”
The Authority may at any time order emission testing of internal combustion engines releasing visible exhaust emissions, including but not limited to motor vehicles.
An application to the Authority for designation shall be processed within thirty days from the date of the Operational License Certificate of receipt of the application.
The regulation says Nema will keep a register of the designated emission testing centres which will be reviewed annually.
Every designated testing centre will be required to apply for an annual operational license from the Authority.
Nema will issue a certificate of compliance for the mobile source that meets the emission limits.
It will also issue an improvement notice for non-compliant mobile sources and clearly stipulate the compliance period.
“Any mobile source that fails to meet the emissions limits after the required or the prescribed servicing and maintenance procedures shall be declared environmentally unfit.”
Upon declaration of the mobile source as environmentally unfit, Nema will notify the agency responsible for registration to deregister the mobile source.
Nema will then order the scrapping of the environmentally unfit mobile sources.
In order to meet the emission standards stipulated by the Authority the owner or operator of a mobile emission source may apply appropriate emission reduction measures.
No person shall cause or allow the dispersion of visible particulate matter from any material being transported by motor vehicle or by another mode of transportation.
Anyone who fails to comply with the provisions of the new regulations commits an offence and is liable on conviction to a fine not exceeding Sh 4 million or to imprisonment not exceeding four years or to both such fine and imprisonment.
Nema says emission testing will be undertaken upon payment of the prescribed fees.
An application for an emission Licence for the listed emitting facility will cost Sh5, 000 while Sh 3,000 is needed for a variation of the emission license.
The annual operational license for mobile source testing centres will cost Sh100, 000.
The regulation says emission testing and monitoring fees at 10 per cent of the testing levy charged per mobile source by the designated testing Centre to a minimum of Sh 500.
The new regulation also set tough measures for premises.
