Civil Society Perspective on Air Quality Governance

Debi Goenka

Bombay Environmental Action Group

Air Quality Governance ?

• There are few places in India that are not facing pollution problems

• There are no shortage of laws

• But these laws are seldom implemented

Good Governance is driven by Court Action

• In Mumbai, a Writ Petition was filed in 1999 regarding vehicular air pollution

• High Court sets up a Committee under the Chairmanship of the Transport Commissioner

• Terms of Reference very wide

TOR of the Lal Committee

• The Terms of Reference of the Committee shall be to examine, consider and recommend measures to reduce vehicular pollution in Greater Mumbai, including but not limited to the following issues :-

• (a) Improvement in quality of fuel with particular reference to reduction of Sulphur Content of diesel and benzene content of petrol of acceptable limits.

TOR of the Lal Committee

• (b) Use of alternative fuel such as CNG/reformulated gasoline etc. Administrative & Regulatory measures that would be required for setting up additional pumps for dispensing CNG.

• ( c) Desirability & feasibility of converting the existing buses/ taxis to CNG.

TOR of the Lal Committee

• (d) Assessment of whether the existing emission norms require to be revised for Mumbai City & if so what levels they should be fixed.

• (e) Applicability of Euro I & Euro II norms to commercial (non private vehicles).

TOR of the Lal Committee

• (f) Desirability & Feasibility of Phasing out of vehicles (private cars, trucks, buses, taxis, auto-rickshaws & two wheelers) over a certain age limit

• (g) Measure for improvement of emission level of in use vehicles correspondingly

• (h) Financial incentives that can be made available for replacement of old taxis & autorickshaws with new vehicles running on clean fuel

TOR of the Lal Committee

• (i) Action required to be taken in respect of two wheelers & three wheelers utilising two stroke engines

• (j) Measures to prevent fuel adulteration

• (k) Effect of the use of Unleaded petrol without catalytic converters

TOR of the Lal Committee

• (l) incentives for conversion to cleaner technologies including in particular reduction of import duties and other levies on CNG Kits, ZEVs and catalytic converters

• (m) Desirability & feasibility of ensuring premixed oil (petrol & 2T) and banning supply of loose 2T oil

TOR of the Lal Committee

• (n) Proper Management & Regulation of Traffic with a view to reducing vehicular pollution

• (o) Effective methods of monitoring and improving prescribed emission norms

Lal Committee Report

• The Lal Committee made 101 recommendations

• The Recommendations were accepted by the State Government

• The High Court also comments that prima facie it accepts the recommendations

Orders of the Bombay High Court

• Mandating adherence to Euro I and II norms for new private vehicles with effect from 1st January 2000 and 1st January 2001 respectively (17th September 1999).

• Directing deployment of Flying Squads to apprehend polluting vehicles on the street and impose a fine of Rs 1,000 on them. More stringent punishments including suspension and cancellation of registration were prescribed for second and third offences. The squads are to be accompanied by volunteers to check that they were functioning effectively (15th December 1999 and 20th August 2002)

Orders of the Bombay High Court

• Directing that action be taken against taxis which had illegally converted from four cylinder to three cylinder engines. (15th December 1999)

• Directing publication of readings of ambient air quality by the authorities at least once a month (15th December 1999)

• Constituting an Expert Committee headed by the Transport Commissioner to recommend measures to reduce pollution on various aspects of the issue. (15th December 1999).

Orders of the Bombay High Court

• Directing augmentation of CNG and LPG supply outlets. This has resulted in an increase from 12 outlets in 2000 to over 100 at present. (20th October 2000, 22nd December 2000, 17th October 2001 and 19th September 2002).

• Directing phasing out of 15 year old and 8 year old taxis unless they were converted to run on CNG/LPG by 1st March 2002 and 1st January 2003 respectively. The deadlines were extended by short periods, but were broadly adhered to. The result of the orders has been that the entire taxi fleet of the city (which was largely running on diesel and was extremely polluting) has now been converted to run on CNG/LPG. (17th October 2001)

Orders of the Bombay High Court

• Directing phasing out of 10 year old and 8 year old three wheelers unless they were converted to run on CNG/LPG by 1st March 2002 and 1st January 2003 respectively. The deadlines were extended by short periods, but were broadly adhered to. (17th October 2001). The result of the orders has been that over 60,000 of the one lakh three-wheelers plying in the city run on CNG/LPG.

• Directing the phasing out of 15 year old and 8 year old commercial vehicles (trucks, vans, buses, etc) unless they were converted to run on CNG/LPG by 1st January 2003 and 1st January 2004 respectively (17th October 2001). These deadlines were extended to 31st July 2003 and 31st January 2004 respectively which were maintained. (17th October 2001).

Orders of the Bombay High Court

• Upgradation of the BEST bus fleet by an extensive programme of phasing out 15 year old buses, purchase of CNG buses, and retrofitment with Euro II engines over the next five years. (19th December 2003) Upgradation of the BEST bus fleet by an extensive programme of phasing out 15 year old buses, purchase of CNG buses, and retrofitment with Euro II engines over the next five years. (19th December 2003)

Implementation

• State Government seems unwilling to implement most orders of the High Court

• Problems with operation of the Flying Squads

• Measures such as Traffic Restraint Scheme still to be decided by the High Court

Traffic Restraint Scheme

The proposal applies to the Island City of Mumbai

It is a pilot projectIt covers all types of private vehiclesPublic transport, taxis, autos, emergency

vehicles exemptedIt will be applicable from 09:00 – 16:00 on

weekdays

Traffic Restraint Scheme

• 20% of private vehicles will not be allowed to ply between 09:00 hours to 16:00 hours within the island city of Mumbai, depending on the last digit of the number plate

• Offenders will be fined Rs.1,000 ($22) for each violation

Bombay City Map

Traffic Restraint Scheme – Who will benefit?

BEST buses will run fasterTaxis will get more businessAll other vehicles will also move fasterParking will be easierCongestion will be reducedThe air in Mumbai will be cleanerAll citizens will benefit

Traffic Restraint Scheme

Who is opposing the Scheme?

• The Western India Automobile Association

• The Traffic Police

• The Maharashtra Government

What else needs to be done?

• Polluter pays principle must be applied

• Parking norms for Mumbai must be tightened

• New vehicle registrations must be linked to availability of off-road parking

• Public parking must be made more expensive (at real estate costs + levels)

Public Transport

• 88% of the daily passenger trips in Mumbai are made using public transport

• Yet this gets lowest priority

• BEST bus passengers are taxed

• BEST buses are neither subsidized nor given tax/excise reductions

Private Transport

• Private Transport is being encouraged

• Flyover investments in last five years – Rs.3000 crores (~ $ 140 million)

• West Island Freeway – Cost Rs.3000 crores (~ $ 140 million)

• Bombay Mainland Link Bridge (Cost Rs.7000 crores (~ $ 330 million)

Other threats

Public transport is being made unaffordable by pushing projects such as Underground Metro

Promising alternatives such as Skybus are being sabotaged

Improvements in public transport (such as A.C. buses, A.C. coaches in suburban trains are being sabotaged)

Other threats

• Dedicated Buslanes are being thwarted

• Planned Decongestion of Mumbai is not taking place

• Purchase of private vehicles is becoming cheaper and easier

• CNG being opposed by powerful adulteration lobbies

Action Required

• We need to prioritize

• We need to set up a proper air monitoring network

• We need proper I & M

• We need to sensitize commuters

• We need more action!

• I would like to thank the following persons for their help and assistance over the years –

– Mr Shiraz Rustomjee– M/s Hariani & Co.– Dr Axel Friedrich– The SUSTRAN Network & Dr Paul Barter

Thank You!

Debi Goenka

Bombay Environmental Action Group

debi@beag.net