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Chapter 1 INTRODUCTION 1.1 Background of the Research Air pollution is one of a variety of manmade environmental problem. Air pollution may be defined as an atmospheric condition in which various substances are present at concentrations high enough above their normal ambient levels to produce a measurable effect on people, animals, vegetation or materials. ‘Substances’ refers to any natural or manmade chemical elements or compounds capable of being airborne. These may exist in the atmosphere as gases, liquid drops, or solid particles. It includes any substance whether noxious or benign; however, the term ‘measurable effect’ generally restricts attention to those substances that cause undesirable effects. Air quality has deteriorated both due to human activities, and natural phenomenon such as wind-blown dust particles etc. There are two major sources of air pollution in Bangladesh, vehicular emissions and industrial emissions. Recently, air pollution has received priority among environmental issues in Asia, as well as in other parts of the world. Dhaka is a major cultural and manufacturing center. The common types of industries in and around the periphery of Dhaka are ready-made garment manufacturing, jute, tanneries, textile, tea processing, fertilizer, cement, paper and pulp, chemicals and pesticides, food and sugar, pharmaceuticals, petroleum refinery, distillery, rubber, plastics, and brick manufacturing, assembling buses, trucks, and motorcycles, assembling radios and televisions.1 Air of Dhaka is being polluted day by day very badly. The major sources of air pollution are transportation engines, power and heat generation, industrial 1

‘Bangladesh Studies Pollution Levels,’ IAEA, News Briefs,Vol.11, No. 4(73), [http://www.banglajol.info/index.php/JSF/article/download/27732/18469, Last Visited on 17.01.2017].

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processes and the burning of solid waste. Dhaka is fast turning into an inhabitable city. Dhaka city air reported to containing higher proportion of lead and carbon mono oxide (CO) must be considered very alarming. Air pollution has become a matter of great concern for us in recent years. Those who are living in cities in Asian countries including Dhaka have already realized how seriously air pollution has been poisoning life and degrading the environment. Faulty vehicles, especially diesel run vehicles, brick kilns, and dust from roads and construction sites and toxic fumes from industries contribute to air pollution. Industrialization and mechanized vehicles are two major sources of air pollution in our country. Those are unavoidable accompaniments of increased economic activity of any country. The number of automobiles has been increasing in Dhaka city at the rate of at least 10 to 20% annually, which has been contributing to air pollution on the one hand and traffic congestion on the other. The International Atomic Energy Agency (IAEA) stated in its News Briefs that pollution levels of lead in Bangladesh are among the world’s highest during dry season, according to Bangladesh Atomic Energy Commission (BAEC), with levels falling during periods of medium and heavy rainfall. The volume of poisonous particles in the city air has reached far beyond the permissible level for human body in recent years.2 The Dhaka city dwellers are always at a serious health risk due to the highly polluted air, warned health experts. The increasingly high concentration of toxic elements in the air is causing a foggy blanket in the city sky at present. According to the website, poisonous carbon monoxide, sulphur dioxide, nitrogen dioxide, suspended particulate matter (PM-10) and particulate matter (PM-2.5) exist in Dhaka's air beyond permissible level for human body. Due to increase of PM-10 and PM-2.5, people lose lung function and suffer from chronic respiratory and cardiovascular diseases while nitrogen dioxide increase Air Pollution in Dhaka City: A Burning Issue Islam MS 21 risks of bronchitis and pneumonia. Nitrogen dioxide causes respiratory infection. Carbon monoxide reduces delivery of oxygen 2

Journal of Science Foundation 2014;12(2):20-21, [http://www.nature.com/news/environmental-science-pollution-patrol-1.16654, Last Visited date on 27.12.2016].

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into the human body, creates severe headache and decreases visual perception and manual dexterity. Bangladesh has yet to be implemented a National Air Quality Standard, there are no detail air quality regulations based on which Environmental Impact Assessment could be done. Very few works have been done on air quality measurements and national air pollutants estimates in Bangladesh. Government should strengthen vehicle emission standards, regulations and enforcement. Measures to reduce fuel demand and improve traffic conditions are also critical to ensuring a net emission reduction and should be used as a complement to technical measures.3 1.2 Objective of the Research 1.3 Significance of the Research 1.4 Methodology of the Research

3

[http://www.global.oup.com/academic/product/international-law-and-the-environment, Last Visited on 14.01.2017].

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Chapter 2 GENERAL CONCEPT

2.1 What is Air Pollution Air pollution is a mixture of solid particles and gases in the air. Car emissions, chemicals from factories, dust, pollen and mold spores may be suspended as particles. Ozone, a gas, is a major part of air pollution in cities. When ozone forms air pollution, it's also called smog.4 Some air pollutants are poisonous. Inhaling them can increase the chance you'll have health problems. People with heart or lung disease, older adults and children are at greater risk from air pollution. Air pollution isn't just outside - the air inside buildings can also be polluted and affect your health.5 2.2 Dhaka has Very High Air Pollution Level Air pollution has become a matter of great concern for us in recent years. Those who are living in cities in Asian countries including Dhaka, have already realized how seriously air pollution has been poisoning life and degrading the environment. People living in major towns of Bangladesh experience the problems of air pollution in varied degrees. Faulty vehicles, especially diesel run vehicles, brick kilns, dust from roads and construction sites and toxic fumes from industries contribute to air pollution. Industrialization and mechanized vehicles are two major sources of air pollution in any country. Those are unavoidable accompaniments of increased economic activity of any country. The number of automobiles has been increasing in Dhaka 4

[http://www.bangladeshenvironment.com/index.php/polution-s/air-polution/291, Last Visited date on 22.11.2016].

5

[http://www.medlineplus.gov/airpollution.html, Last Visited date on 23.11.2016].

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city at the rate of at least 10 per cent annually, which has been contributing to air pollution on the one hand and traffic congestion on the other. The main pollutants from gasoline powered internal combustion engines are carbon monoxide, hydrocarbons, nitrogen oxides, Sulphur dioxide particulates of lead compound and unburned carbon particles. Emissions from diesel engines are smoke, carbon monoxide, unburned carbon, nitrogen oxides and Sulphur dioxide. What we find is either absence or little effective cooperation of the members of the public and the concerned agencies with the Department of Environment (DOE) in implementation of laws and regulations to help reduce air pollution. DOE gets little cooperation also from the transport owners and their employees including drivers in this regard. DOE's initiatives for daily monitoring of vehicles at certain city points sometimes do not succeed due to non-availability of members of law enforcing agencies.6 In the past our attempts to prohibit plying of old vehicles in city streets failed either for political reasons or in the face of resistance by transport owners and their employees. But if our neighboring countries can improve air quality of their cities by banning use of old vehicles and also relocating some of their polluting industries, authorities in Bangladesh can also do so. 2.3 Main Source of Air Pollution Basically, there are two major sources of air pollution in Bangladesh industrial emissions and vehicular emissions. The industrial sources include brick kilns, fertilizer factories, sugar, paper, jute and textile mills, spinning mills, tanneries, garment, bread and biscuit factories, chemical and pharmaceutical industries, cement production and processing factories, metal workshops, wooden dust from saw mills and dusts from ploughed land, and salt particles from ocean waves near the and coastal lands. These sources produce enormous amount of smokes, fumes, gases and dusts, which create the condition for the formation of fog and smog. Certain industries in Bangladesh, such as tanneries at Hazaribag in Dhaka City, emit hydrogen sulphide, ammonia, chlorine, and some other odorous chemicals 6

[http://www.thedailystar.net/news-detail-31812, Last Visited on 28.12.2016].

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that are poisonous and cause irritation and public complaints. This may cause headache and other health problems. 2.4 Vehicular Air Pollution Air pollution in Dhaka is serious due to increasing population and associated motorization. Although existing air quality monitoring data is limited, it has been clearly shown that the average ambient concentrations of suspended particulate matter (SPM) and airborne lead are higher than the Bangladesh national ambient air quality standards and much higher than the WHO guidelines. The city's average SPM levels are about 2 times higher than the Bangladeshi standard of 200 µg/m3 in residential areas and are more than 10 times higher than the WHO guidelines of 120 µg/m3 (24hours) in commercial areas. Lead levels are also high compared to other cities in the world. Although there is a lack of time-series data, the ambient air quality measurements available for 1990 and 1996 onward indicate that the air pollution is worsening.7 2.5 Air pollution in Dhaka City by Vehicles Dhaka is the eighth largest megacity of the world and home to 12.75 million people living in an area of 1353km2.Air pollution is emerging as a major problem in Dhaka and other cities of Bangladesh. The main sources of air pollution in Dhaka are vehicles, industries particularly brick kilns, re-suspended dust and biomass burning being the 8th largest mega city of the world it witnessed a very fast growth of urban population in recent times which contributed to rising demand for transport services, mainly the road transport. Nearly 4,00,000 vehicles now ply on Dhaka city roads everyday of which about 3,00,000 are motorized vehicles that contribute most to deteriorating Dhaka’s air quality.

7

[http://www.bangladeshenvironment.com/index.php/polution-s/air-polution/291-airpollution-in-dhaka-city, Last Visited on 30.03.2017].

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Contributing factors for vehicular emission in Dhaka are: poor fuel quality, poorly maintained vehicles, inadequate transport infrastructure, lack of proper transport planning and management Dhaka city’s traffic problems and ambient air quality condition had reached such a crisis proportion that the challenge of sustaining economic growth and ensuring reasonable quality of life has become tougher. Deteriorating traffic and air pollution conditions had prompted the government to find urgent solutions. The primary objective of the project is to develop components of an air quality management system and

to reduce human exposure to vehicular air

pollution in Dhaka city only. The project activities subsequently extended to five Divisional towns under an extended monitoring program.

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Chapter 3 CAUSE OF AIR POLLUTION IN DHAKA CITY BY VEHICLES

3.1 Lack of Enforcement of Law More than 20 million people live in Dhaka, the capital city of Bangladesh. As a consequence, Dhaka city’s traffic congestion problem has grown to alarming proportions, and it is one of the most challenging issues. The traffic management systems of Bangladesh are those that were adopted in the 1980s when the country’s population was only 87 million, and now is more than 160 million. New methods of traffic management are not being updated to accommodate the population growth, and as a result, the growing traffic jams are making the lives of normal people more difficult. The Problem The causes of traffic congestion in Dhaka are many. Starting from the city center, the skeleton, the structure and the lay-out of Dhaka’s roads are not well-planned and well-directed, and the population overwhelms the capacity of the road system. While the Bangladesh government mandates 25 percent of all roads to be paved, Dhaka has only 7.5 percent. Even more, 30 percent of the paved roads have additional obstructions to traffic: hawkers, salesmen, construction materials, waste containers and road-side stands that are on the pavement rather than on the shoulder of the road. As a result, vehicles have even fewer lanes to use.8 Dhaka has Several Types of Vehicles 8

‘Lack of Enforcement of Law,’The New Age [http://www.The New Age.bd.com, Last Visited on 05.01.2017].

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Public buses, taxis, microbuses, private vehicles, motorcycles, rickshaws and more. The increasing population increases the demand for more vehicles on the streets, and the result is both motorized and non-motorized vehicles occupy the same streets at the same time. Rickshaws are a common reason for traffic jams. The number of rickshaws is very high and they don’t follow any traffic laws. The public transport system in Dhaka is not adequate or properly-routed. The three major bus stations, Sayedabad, Gabtoli and Mohakhali do not have sufficient capacity to accommodate all the buses coming in from other districts, nor enough buses to handle all the people who want to use the buses for transportation. As a result, mini-buses, microbuses and private vehicles that can only carry a few passengers at a time add to the traffic congestion. Limited parking arrangements are another major cause of excessive traffic in Dhaka. It has become a regular practice to park cars on roads because businesses and apartments do not construct designated parking areas. In addition to the sources of traffic congestion, the actual condition of the roads contributes to the transportation difficulties. In most cases roads are winding and twisting, which results in a larger number of intersections.9 Lack of proper maintenance means drivers are likely to stop or swerve unexpectedly to avoid bad sections of the road. During the rainy season, the situation becomes more critical because the roads are sometimes under water due to heavy rainfall. 3.2 Unfit Vehicles A huge number of unfit motor vehicles are plying on the city roads of Dhaka in violation of set laws and posing threat to commuters’ safety, besides contributing to traffic congestion and environmental hazards.10

9

[http://www.kgou.org/post/bangladesh-capital-city-struggles-traffic-lack-will-change, Visited on 27.12.2016].

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The suffering public is only too aware of the total lawlessness in the transport sector. The alarming number of vehicles on the road without fitness is an indication of the appalling state of affairs.11 Vehicles without fitness are being given fitness certificates, and vehicles without fitness certificates are also on the roads. The law enforcement agencies that should be taking measures against them are turning a blind eye.12 Many of these vehicles have fitness certificates even though they are unfit while some don’t have the document at all or have expired papers or are entirely illegal. A total of 87,795 unfit motor vehicles are plying on the city roads of Dhaka in violation of set laws and posing threat to commuters’ safety, besides contributing to traffic congestion and environmental hazards. 3.3 Traffic Problems Over the last few years the transportation problem of Dhaka City has visibly been deteriorating steadily. Citizens constantly complain about the unbearable twin problems of traffic jam and air pollution. In today’s world, the success of a city depends on its economy, which in turn is dependent on the infrastructure, among other things. The importance of the infrastructure can be particularly felt by the citizens of Dhaka in its traffic system, as its congestion reminds us of how important it is to have a good transport system. a) We the citizens of Dhaka are suffering because our traffic system is failing us, as it is resulting in less efficiency in various fields, such as business. b) Due to traffic congestion, our valuable times and energy are being wasted. c) The problem of traffic congestion and uncontrolled vehicle emission make life miserable in Dhaka city causing threat to health. 10

[http://www.mna.com.bd/press/en/unfit-vehicles-plying-dhaka/, Last Visited on 07.04.2017].

11

[http://www.archive.dhakatribune.com/bangladesh/2014/apr/07/87795-unfit-vehicles-plycity-roads, Last Visited on 27.02.2017].

12

[http://www.thedailystar.net/backpage/unfit-vehicles-are-ticking-time-bombs-160816, Last Visited on 27.03.2017].

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d) Everyday work-hours are unnecessarily wasted due to traffic jam. It has a great economic impact on production and thus on our economy. e) Traffic congestions intensify sufferings of commuters keeping people motionless as well as creating suffocating condition in the streets. 3.3.1 Reasons of Traffic Congestion Are Mentioned Below 1. The minimum road requirement is 25% for a standard city, whereas Dhaka has only 7.5% road of its total area which is creating huge traffic. Moreover, if we look at the map of Dhaka city, the road connection of north and south is comparatively better than east and west which is causing people to take a longer route to travel.13 2. The district truck and bus travel through heart of the capital city due to no bypass road. For example, a person who lives in Chittagong must enter Dhaka to reach Kushtia. 3. The Export Processing Zone (EPZ) which is established near Dhaka forces the vehicles to move from Savar to Dhaka to Chittagong. Our EPZ is oriented to bulk products like garments and it must be located near sea port. 4. Every day thousands of people are entering the city as our economic activity and administration like education, health sector are all Dhaka centered. There is no attempt for decentralization.14

3.4 Old Technology 3.4.1 Combustion in Internal Combustion Engine The internal combustion engines are those engines in which the combustion of the fuel takes place inside the engine cylinder. The distinctive feature of the I.C engine is that combustion and conversion of heat energy into mechanical work 13

Md. Iqbal Hossain, International Environmental Law Bangladesh Perspective, 5thed. (Dhaka: Ain Prakashani, 2014).

14

[http://www.assignmentpoint.com/arts/modern-civilization/traffic-jam-dhaka-city.html, Last Visited on 27.03.2017].

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occur inside a cylinder. These engines are noted for their high overall efficiency and low operating cost, lightweight and compactness and constant readiness for starting. Exhaust emission from internal combustion engine is the major source of air pollution. Combustion Stoichiometry means relations between the composition of the reactants (fuel and air) of a combustible mixture and the composition of the products. These relations depend only in the conservation of mass of each chemical element in the reactants.15 3.4.2 Two Stroke Engine Two stroke engines are used in motor cycles and three wheelers in Bangladesh and other Asian countries. Hydrocarbon emissions from two stroke engines are high because a significant part of the air fuel mixture escapes unburned into the exhaust. Particulate emission from two stroke are also excessive because oil is mixed with fuel, and, recondense into oil particles in the exhaust. Hydrocarbon emission from single two stroke motor cycle can exceed those from three uncontrolled passenger cars and particulate emission can exceed those from a heavy duty diesel vehicle. 3.4.3 Diesel Engine The increased rate of urbanization in the country will affect the number of vehicles to increasing rapidly and can contribute more air pollution. The Department of Environment (DOE) and other related organizations have identified the two-stroke engines used in auto rickshaws (baby-taxies), tempos, mini-trucks, and motorcycles as major polluters. Recently, there are about 65000 baby-taxies more than 296,000 motor vehicles are used in Dhaka City alone.16 15

‘Military Institute of Science & Technology Bangladesh,‘Bangladesh University of Engineering &Technology, [https://en.wikipedia.org/wiki/Military_Institute_of_Science_and_Technology, Last Visited date on 09.01.2017].

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Jessore Science & Technology University, ‘Bangladesh. Independent University Bangladesh,[http://www.globaljournals.org/GJSFR_Volume10/6-Analysis-of-ExhaustEmission-of-Vehicles, Last Visited on 02.03.2017].

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Moreover, the overloaded of poorly maintained old trucks and mini-buses are also give the city streets emitting smokes and gases. Thus, diesel vehicles emit black smoke, which contain unburned fine carbon particles is a major problem in Dhaka city.17 3.5 Lack of Maintenance A car, being a machine, must be in good condition if it is to function properly. Badly maintained cars pollute the environment more than those that are well maintained. They load more greenhouse gases and unburned fuel into the environment than the smaller cars.18 3.6 Poor Fuel Quality Diesel, octane, petrol used in Bangladesh is not cleaner as in other developed countries. The lead concentration of gasoline in Bangladesh is 0.84 gm per liter; which is mixed at refineries to enhance the anti-knock performance, contributes primarily to lead pollution. Sometimes 3-wheeler auto and motorcycle uses a blend of gasoline and lubricating oil which increase air pollution by rising CO, CO2 , NOx , SO2 , unburned HC and other form of carbon particles concentration in the air. High sulphur concentration in petroleum, poor fuel quality and extensive diesel use creates high SOx emissions from automobiles. Usually, CO is produced by the incomplete combustion of carbon containing fuels. Automobiles in Dhaka City are responsible for one-half of all man-made NOx emissions and a greater proportion of SOx and SPM through fuel combustion (CPD, 2004). Emissions of NOx have steadily increased over the period from 1989 to 1996 as the result of increased fuel combustion. About 50% to 90% of total emissions of lead in Dhaka City are from the automobile exhausts (Khuda, 2001). This is mostly because of the widespread use of lead containing gasoline and the absence of any emission control strategies. Although the developed countries have 17

[http://www.globaljournals.org/GJSFR_Volume13/6-Analysis-of-Exhaust-Emission-ofVehicles.pdf, Last Visited on 1.03.2017].

18

[http://www.importantindia.com/23688/vehicle-pollution/, Last Visited on 2.04.2017].

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restricted the use of tetraethyl (TEL) in gasoline, the Eastern Refinery of Bangladesh Petroleum Corporation (BPC) was previously mixing 0.84 gm TEL per liter fuel. The BPC supplies sulphur free petrol but imports diesel containing 1% sulphur per liter although the international standard is only 0.2% (Khuda, 2001). The government is changing the policy since 2000 to adopt CNG as a cleaner fuel for the transport sector by converting diesel-engines with the aim of mitigating air pollution. However, did not achieve any remarkable results yet. Till a large number or motorized vehicles use high lead-content gasoline or impure diesel and thus increase the gaseous PM pollutant in the air. However, the government had come to an agreement for importing lead-free gasoline and presently the BPC is supplying the lead-free petrol and octane (Rahman and Nahrin, 2007). People are suffering for different health related problems resulting from air pollution because of poor fuel quality used in motorized vehicles and poor local air quality management. So, a strong policy guideline is necessary for local air quality management.19 3.7 Insufficient Parking Place More and more people are parking vehicles on busy city streets, arguing that there is inadequate or no parking space available, subsequently contributing to anguishing traffic congestion in Dhaka. In most cases, illegally parked vehicles occupy almost half of the road, particularly in front of shopping malls, markets, offices and schools.20 A 2014 study by capital’s development authority Rajuk observed that Dhaka’s transport and traffic management system had no discipline which cost a commuter 10 minutes on an average at each busy intersection.

19

[http://www.eceee.org/ library/ conference_ proceedings /eceee_ Summer_ Studies/ 2009/Panel_6/6.246/ paper, Last Visited on 3.1.2017].

20

[http://www.bip.org.bd/SharingFiles/journal_book/20130718120945.pdf, Last Visited on 4.1.2017].

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The concerned authorities – Traffic Department of Dhaka Metropolitan Police (DMP), Dhaka North City Corporation (DNCC), Dhaka South City Corporation (DSCC) and Rajuk – offer no solution. The DMP is chiefly responsible for the traffic system and enforcing parking laws, while the DSCC, DNCC and Rajuk are responsible for providing parking space and monitoring their arrangement.21

Chapter 4 VEHICLES REGULATION ACT

21

Liaqual A. Siddique, ‘Global Environmental Problems of Ozone Depletion and Climate Change’,Dhaka University studies, Vol. x, June 1998.

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To support development of AQMP II/CASE a consultant was hired to undertake an institutional assessment of urban air quality management (UAQM) in Bangladesh. This report constitutes the assessment. 4.1 Motor Vehicles Ordinance, 1983 According to the Motor vehicles ordinance, 1983 deals with the rules and regulation of the vehicles on the road. Vehicles air pollution could be control if the law is enforce strictly. Dhaka is a largest city in Bangladesh where everyday a hug number of vehicles running over the road legally or illegally even sometimes the drivers of the vehicles do not obey the rules and regulation which caused the traffic jam and then it burning the fuel at a result it create the harmful lead air pollution. 4.2 Environment Conservation Act, 1995 The driving force for clean air in Bangladesh comes from the Bangladesh Environment Conservation Act, 1995 (ECA-1995) where the title states “An Act to provide for conservation of the environment, improvement of environmental standards, and control and mitigation of environmental pollution.”22 The Act creates the Department of Environment (DOE). The DOE mission statement is: “To help secure a clean and healthy environment for the benefit of present and future generations, through the fair and consistent application of environmental requirements, supported by direct action on critical environmental problems that demonstrate practical solutions, and that galvanize public support and involvement.”23

22

[http://www.documents. worldbank.org/ crated/.../ 689630ESW0P103010July 070, Last Visited on 8.3.2017].

23

[http:/www.bangladeshenvironment.com/.../air.../295-status-of-air-quality-and-state-of-artc., Last Visited on 8.04.2017].

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4.3 Environment Conservation Rules, 1997 To support the Act, the Environment Conservation Rules, 1997 (ECR-1997), were enacted. The rules contain requirements for sources of air pollution, and other environmental contaminants, to obtain a Clearance before a pollutant source can be built or modified. The Rules also enumerate many environmental standards for specific sources of emissions, e.g., brick kilns, coal fired power plants and cement plants to name just a few.24

Chapter 5 CASE STUDY 5.1 Case Study Farooque vs. Government of Bangladesh 24

Bangladesh Urban Air Quality Management, [http://www.documents.worldbank.org/curated/en/456251468210889617/Bangladeshurban-air-quality-management-an-institutional-assessment, Last Visited on 18.04.2017].

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Writ Petition No. 300 of 1995 (2002.03). Issue: Vehicle Pollution Case: Application for Directions re: Fuel Quality, Catalytic Converters, Inspection Center and Horns. Fact The case of the petition in brief is that the problem of air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life by various scientific research, studies, investigations, reports, surveys conducted by various persons, agencies, institutions, both national and international and the agencies of the Government have highlighted the issue in their various reports and publications.The most threatening urban center is Dhaka which is the capital of the country. Amongst those the air pollution, especially from the faulty motor vehicles, have choked the air of the Dhaka City.Such violations and the consequences are clearly visible in the Dhaka City which need no evidence to anyone who has been to the Dhaka City. The degree of vehicular, pollution in the Dhaka City areas has exceeded all limits and such concerns are being raised by public and private bodies and individuals repeatedly through the news papers and the state controlled electronic media of the country the proposed Environment conservation Bill, 1994 which has been approved by the Cabinet and is pending for placement before the parliament, has incorporated a separate and specific provision in section 6 only on this issue with higher penal sanction. The Second Meeting of the National Environment Committee held on 04-05-97 being presided over by the Hon’ble Prime Ministers, included the pollution caused by the hazardous emission from motor vehicles as the first agenda for discussion. It was disclosed in the said meeting that 70%-80% of the motor vehicles plying on the streets is not road worthy. The measures recommended by the said Respondent include, among others, the following

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a) Take a greater attempt regarding fitness of vehicles. Gradually phase out two-stroked engine vehicles and ban the plying of such vehicles that are older than three years. b) Direct the Eastern Refinery to provide lead-free petrol. a. Effectively implement existing laws to prevent the use of high noise making horns. Judgment Dhaka City one of the worst in the world, due to audible vehicular sounds and emission of hazardous black smoke from faulty and arrogant motor vehicles is indeed over due. Hence, in the prevailing situation, in our view ad-interim directions as sought for by the petitioners are necessary. Accordingly the following directions are given:1) To enforce Rule 114 (d) of the Bengal Motor Vehicles Rules 1940 and section 139 of the Motor Vehicles Ordinance, 1983. 2) To conduct tests of vehicles in the 5 Vehicles Inspection Centers already handed over to BRTA within 6 (six) months and to issue certificate of fitness of the vehicles including Motor Cycle (Two wheelers). 3) To implement the decision of the respondents for converting all government owned patrol/diesel driven vehicles plying in the Dhaka Metropolitan City into C.N.G operated vehicles within 6 (six) month. 4) To implement the decision of the respondents to set up six more C.N.G. filling stations in Dhaka City by December, 2002 and also to set up more CNG filling station from time to time to meet the requirements of vehicles and CNG stations be maintained properly round the clock. 5) To implement decision of the respondents that all Motor vehicles from July 2001 be fitted with catalytic converter and diesel particulate filter by December, 2002.

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6) To set Bangladesh standard for petroleum in accordance with the international standards ensuring the reduction and removal of toxic and hazardous constituents from the same. 7) To phase out existing 2 stroke 3 wheelers by December, 2002 and to replace it with cleaner transport alternatives; 8) To impose ban on new licenses for two stroke 3 wheelers in Dhaka Metropolitan City and cancellation of 9 years old licenses of baby taxis with immediate effect. The respondents are directed to submit reports every six months of actions and results of the above directions to this court.25

Chapter 6 25

Md. Jahid Hossain Dolon,‘International Environmental Law with Bangladesh Perspective’ 3rded. (Dhaka: Titu Prakashani, 2014).

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POSSIBLE SOLUTION OF VEHICULAR AIR POLLUTION IN DHAKA, RECOMMENDATIONS AND CONCLUSION

6.1 Strictly Enforcement of Law To develop a proper guidepost for air quality management in Dhaka, the government should adopt a Clean Air Act that specifies the policies and timelines for cleaning the air in polluted areas, and establishing the legal authorities needed to achieve the goals.

This is one of the most important policy actions the

government can take to focus attention and resources onto the air pollution problem. There are many examples of such acts in other countries, and some of those have been reviewed to develop a guideline for how to develop such an act in Dhaka. Enforcement of regulations: 1. Regulation of removing older buses and trucks should be enforced. 2. All motor vehicles should be inspected yearly for emissions. 3. No motor vehicle should be allowed without fitness certificate. 4. Number of private cars should be regulated. 5. Use of cleaner fuel should be mandatory. 6. Regulation for controlling construction dust should be developed. 7. Regulation for controlling toxic industrial emission should be strictly enforced. 8. Law of conservation of water bodies needs to be enforced. 9. Uncontrolled dumping of municipal waste should be punishable offence.26 6.2 Punishment for Violation of Traffic Rules Section 137 : General provision for punishment of offence According to section 137 of Motor Vehicles Ordinance, 1983 Whoever contravenes any provision of this Ordinance or of any one [ rules or regulations] made thereunder shall, if no other penalty is provided for the offence, be 26

Environment Protection (Vehicle Emissions) Regulations, 2013.

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punishable with fine which may extend to two hundred Taka, or, if having been previously convicted of any offence under this Ordinance he is again convicted of an offence under this Ordinance, with fine which may extend to four hundred Taka.27 6.3 Inspection/Maintenance (I/M) Programs The devices installed by automobile manufacturers are extremely successful in minimizing the pollution from the exhaust and from evaporating fuel. The implemented programs have been implemented to ensure the control devices. These programs require periodic checks of the exhaust and the evaporative controls. If the vehicle fails the inspection, the owner is required to provide the required maintenance and have the vehicle re-inspected. 6.4 Develop Traffic Management Traffic congestion is one of many serious global problems in both developed and developing countries. Dhaka city, the capital of Bangladesh has an experience in population growth with severe traffic congestion and mismanagement of traffic. The intolerable traffic congestion of Dhaka City has become an everyday certainty and a nightmare for the city dwellers. It can be easily concluded that Dhaka has an overpopulated, over-congested and over-polluted city.28 Years of negligence, mismanagement, haphazard and improper planning and political instability have led Dhaka to this present predicament. Dhaka is one of the top ten worst cities of the world. And traffic congestion and mismanagement are the prime reasons behind this ranking. Several steps have been undertaken to reduce traffic congestion in Dhaka city, such as imposing restriction on the entrance of trucks in Dhaka during daytime, banning rickshaws indifferent roads, changing the time table of the trains, changing the lanes of public-private transport, construction of foot over bridges rather than zebra crossings, construction of flyovers, overpass 27

Motor Vehicles Ordinanc,1983, Art. 137.

28

[http://www.bip.org.bd/SharingFiles/journal_book/20140128165157.pdf, Last Visited on 5.04.2017].

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and so on. In addition, a traffic signal system was introduced, investing a huge amount of money. Though buses, trucks, rickshaws, trains and pedestrians have all been blamed for the congestion in Dhaka, after imposing restrictions on them the congestion level did not reduce. In this regard it is important to understand the reasons for ongoing congestion and the mechanisms likely to reduce it.29 6.5 Develop Fuel Quality The good news is that ultra low sulfur diesel (ULSD) fuel was phased in throughout the U.S. during 2007. Sulfur content had averaged between 300-500 ppm but the new ULSD has just 15 ppm. This is cleaner than Europe’s diesel which has sulfur levels of 50 ppm. When the new fuel is coupled with newer clean diesel engines (phased in from 2006) with diesel oxidation catalysts — particulate emissions are reduced by about 90 percent. Reducing the sulfur will make a very significant improvement to air quality by reducing the fine particles so prevalent in diesel exhaust. a) Way ahead of schedule — the Metropolitan Council, with help from the MPCA and the Department of Commerce, contracted to purchase about four million gallons of ultra low sulfur diesel (ULSD) fuel in the summer of 2004. b) New clean diesel engine technology became standard on all new highway diesel engines manufactured after 2006 and maximizes emission reductions when combined with ULSD. c) In 2007, sulfur was reduced to just 15 ppm for highway vehicles. When used in vehicles with new diesel technology, the health benefits are

29

S. Osman, ‘Dhaka’s Traffic Problems: Opportunities and Suggested Solutions, 2010’, ‘Strategic Transport Plan for Dhaka (STP, 2007)’Dhaka Urban Transport Plan (DUTP, 2004), [https://pdfs.semanticscholar.org/eae3/36112d581d3aa8317347c0c534f6fdab23ab.pdf, Last Visited date on 29.12.2016].

23

significant and point to a brighter future as older diesel vehicles die out or are retrofitted.30 6.6 Use of New Technology The world of air pollution control is highly technical and generates enormous amounts of data, especially in the air monitoring program. One of the problems encountered in this institutional assessment was the lack of knowledge in DOE as to how many sources of air pollution there are in Bangladesh (or even in Dhaka for that matter), how many have a clearance, how often the equipment has been inspected or source tested, how many sources have been found in violation, what was done with those violations, and where the sources are located, without manually going through paper files, to name just a few shortcomings of the DOE data base. The GoB has a unique and excellent opportunity to become state-of-the-art in air quality information technology as it starts up the Air Quality Cell. The IT effort should be one of the first programs to get started in the AQC. As part of its startup, there should be a comprehensive needs assessment of the future IT needs within the AQC. This is so the clearances, emission inventory, and inspection program databases can be linked together in one common database. It would be especially helpful if the data base was linked to a GIS data base. It is also important to ensure the air monitoring program will have a strong data base to work from to support its QA/QC program, and to easily provide long-term air quality trends reports.

Once the CAM stations are up and operating the

Bangladesh air quality database will grow rapidly. In the US, the technical programs were created before the age of computer miniaturization. This resulted in very costly software programs being developed later on to merge technical programs that were created on paper in isolation from each other. Many areas of the US still do not have a consolidated database for

30

[https://www.pca.state.mn.us/air/cleaner-fuels-help-clean-air-minnesota, Last Visited on 06.04.2017].

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their inventory, permits and inspections. Bangladesh is uniquely situated to avoid this costly problem and do it very effectively with current computer technology. 6.7 Public Awareness About 25 percent people of Dhaka city have been suffering from lung disease owing to the extreme level of air pollution. Dhaka is also one of the most densely populated cities in the world, with an estimated population of more than 8 million. Air pollution has emerged as an acute problem in the city. Blackening of the city air and reduced visibility can be observed at times.31 Occurrence of choking smells and irritated eyes are common, as mentioned by Khaliquzzaman, in his report, which was published at the Consultative Meeting on Integrated Approach to Vehicular Air Pollution Control in Dhaka held between April 26-27, 1998. According to the WHO report 2001, the lead concentration found in the blood of children in Dhaka was up to four times higher acceptable levels.32 Organizations

like

BAPA

(Bangladesh

Poribesh-Dhuson

Andolon–

Bangladesh Environmental Improvement Organization) and BES (Bangladesh Environmental Society), as well as many others, are working very hard individually or in collaboration with each other to remove air quality problems by arranging seminars, organizing rallies, writing papers, creating awareness on air pollution and doing research how to reduce air pollution.33 6.8 Recommendations Vehicles air pollution is one of the most problem of Dhaka city of Bangladesh, everyday vehicles emission are increasing from various reasons but there no effective step to remove the problem which is one of the most causes of lack of enforcement of law, and for this no cases filed against any persons or any 31

‘Air Pollution in Dhaka City’, New Nation,[http://www.New Nation.com//news/88801/25pc-city-dwellers-victim-of-air-pollution.html, Last Visited on 18.04.2017].

32

[http://www.patimes.org/air-pollution-kills-15000-bangladeshis-each-year/, Last Visited on 7.04.2017].

33

The World Bank Report, 2012.

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authority who makes vehicles air pollution by the violation of environmental law and related all others law like Motor Vehicles Ordinance, 1983, Environment Conservation Act, 1995 and the Environment Conservation Rules 1997, So that the illegal activities are running fast because they know that Typically, emission control program requires massive behavioral change among thousands of drivers; among those who test and repair vehicles; and, among those who manage, oversee, and enforce such programs. However, it is possible with committed leadership, the right institutional design, and the right incentives. Road side emission testing experiences offer the following recommendations regard to pollution control from the vehicle sector: a)

Massive awareness program on Vehicular Emissions Standards, maintenance of vehicles and emission impact on health to be undertaken very soon all over the country.

b)

In-use vehicle emissions standards should be revised and strict enforcement of the emissions standards is essential.

c)

20-year-old buses and 25-year-old truck to be dumped forcefully and all diesel vehicles must stop plying in Dhaka city. 2S-3w must ban as soon as possible from all major cities.

d)

Adequate infrastructure to be built in major cities for the emission testing or checking in connection with BRTA.

e)

All imported vehicles must have an emission compliance certificate obtained by the vehicle manufacturer or the supplier from an internationally accredited emission testing laboratory/agency and showed for clearance of vehicle imports and also at the time of vehicle registration.

f)

Adequate infrastructure for maintenance of vehicles to be developed.

g)

AQ Cell staff should be trained up through this ongoing Road side emission testing program. Practice of QA/QC should be adopted for increasing reliability of tests and minimizing false passes. More realistic system based on dynamometer tests is to be developed in the long run.

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h)

Establish more number of CNG stations in others city where CNG is accessible.

i)

Campaigns like “No Pollution Week/Pollution Month” should be taken up by the city corporation with DoE to increase awareness for I&M.

6.9 Conclusion The problem of traffic congestion and uncontrolled vehicle emissions make life miserable and causing threat to health and economic loss as well. Public transport service and air quality situation of Dhaka City is continuously deteriorating every year and imposing huge cost on the society. Though there is little information on human health, there is clear evidence that the air quality in Dhaka is harmful for the city dwellers and it is causing not only discomfort but also several diseases including allergy and asthma. Such a problem needs immediate attention from the policy makers. As vehicle and emissions is a major contributor to air pollution, it is possible to improve air quality by reducing the vehicle stock through improving the public transport system service. Government should strengthen vehicle emission standards (VES), regulations, enforcement and measures to reduce fuel demand and improve traffic conditions. Improved public transport facilities of the city could solve the transport and congestion problems, as well as improve the air quality. Bangladesh has yet to be implemented a National Air Quality Standard, there are no detail air quality regulations based on which Environmental Impact Assessment could be done. Very few works have been done on air quality measurements and national air pollutants estimates in Bangladesh. Author is willing to extend his assistance in doing any projects related to road traffic pollution in Bangladesh.34 Mainly Motor vehicles, especially two-stroke engine vehicles are an increasingly important source of air pollution emissions in Dhaka. Further 34

[http://www.bangladeshenvironment.com/index.php/polution-s/air-polution/291-airpollution-in-dhaka-city, Last Visited on 10.04.2017].

27

understanding of the sources of air pollution, the contribution of vehicles to air pollution emissions, and the characteristics of vehicular emission control measures is necessary to design a cost effective action plan. It is recommended that government will undertake actual measurement of emission factors, complete the emission inventory, and conduct an investigation on emission control measures. A set of cost effective technical measures are already available for controlling pollution emissions by two strokes 3-wheelers.Government should strengthen vehicle emission standards, regulations and enforcement. Measures to reduce fuel demand and improve traffic conditions are also critical to ensuring a net emission reduction and should be used as a complement to technical measures.35

35

‘United Nations Environment Program, State of the Environment: Bangladesh’, [http://www.rrcap.ait.asia/Publications/bangladesh, Last Visited on 18.04.2017].

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REFERENCES Books and Article 1. Md. Jahid Hossain Dolon, ‘International Environmental Law with Bangladesh Perspective, 3rd ed. (Dhaka: Titu Prakashani, 2014). 2. Md. Iqbal Hossain, ‘International Environmental Law Bangladesh perspective, 5th ed. (Dhaka: Ain Pakashani, 2014). 3. Liaqual A. Siddique, ‘Global Environmental Problems of Ozone Depletion and Climate Change’, Dhaka University studies, Vol. x, June 1998. Statutes 1.Motor Vesicles Ordinance,1983. 2.Environment Conservation Act,1995. 3. Environment Conservation Rules,1997. Newspapers 1. The Daily Star (27 December 2016). 2. The Daily Star (28 December 2016). 3. The New Age (5 March 2017). 4. New Nation (18 January 2017).

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