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011005
The Gazette of Pakistan
ISLAMABAD, FRIDAY, OCTOBER 05, 2001
PART II
Statutory Notification (S.R.O.)
GOVERNMENT OF PAKISTAN
MINISTRY OF ENVIRONMENT, LOCAL GOVERNMENT AND RURAL DEVELOPMENT
NOTIFICATION
Islamabad, the 28th September, 2001
S.R.O. 693(I)/2001.—In exercise of
the powers conferred by section 31 of the Pakistan Environmental Protection Act, 1997
(XXXIV of 1977), the Federal Government is pleased to make the following Rules, namely:-
THE POLLUTION CHARGE FOR INDUSTRY (CALCULATION AND COLLECTION) RULES, 2001
1. Short title and commencement.—(1) These rules may be called the
Pollution Charge for Industry (Calculation and Collection) Rules, 2001.
2. They shall come into force from the 1st July, 2001.
2. Definitions. –(1) In these rules, unless there is anything
repugnant in the subject or context.--
(a) "Act means the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997);
(b) "Board" means the Provincial Sustainable Development Fund Board constituted
under section 10 of the Act;
(c) "Director-General" means the Director-General of the Provincial Agency;
(d) "Guidelines" means the "Guidelines for determination of a Pollution
Charge for Industry" as contained in Schedule I;
(e) "industrial unit" means any legal entity carrying on industrial activity;
(f) "Inspection Team" means the Inspection Team constituted under rule 5:
(g) "pollution charge" means the pollution charge payable under sub-section (2)
of sectio9n 11 of the Act;
(h) "pollution level" means the number of pollution units per unit of
production, calculated in accordance with the procedure contained in Guidelines and
Schedule IV;
(i) "pollution unit" means the quantity of pollutant which reflects its relative
toxicity vis-à-vis other parameters, as specified in the Guidelines and Schedule IV; ad
(j) "Schedule" means the Schedule to these rules.
(2) All other words and expressions used but not defined shall have the same meanings as
are assigned to them in the Act.
3. Determination of pollution charge.—The pollution charge payable
by an industrial unit shall be determined in accordance with the Guidelines.
4. Responsibility for calculation, reporting and payment.—An
industrial unit liable to pay the pollution charge shall itself be responsible for
ensuring the correct calculation, reporting and payment of the pollution charge.
5. Determination of pollution level.— (1) For the purposes of
determining the pollution level of an industrial unit, the Director-General shall
constituted an Inspection Team comprising of--
(a) a representative of the Provincial Agency;
(b) a representative of the industrial unit;
(c) not more than two representatives each drawn from the list of any two authorized NGOs
specified in Schedule II; and
(d) a representative of a certified environmental laboratory or any other agency approval
and designated by the Provincial Agency for the purposes of determination of the pollution
level.
(2) The Inspection Team shall determine the pollution level of an industrial unit at least
once a year in respect of discharges of effluents and waste and emission of air
pollutants.
(3) The Inspection team shall also determine the exemption allowed to an industrial unit
as required under Schedule IV.
(4) All samples obtained by the Inspection Team shall be tested and analyzed by a
certified environmental laboratory.
(5) The pollution units per unit of production determined by the Inspection Team shall
form the basis for calculation of the pollution charge of an industrial unit under rule 6.
6. Calculation and payment.—(1) The pollution charge shall be
calculated by multiplying the pollution level with the actual production during the period
for which the charge is to be paid, and with the applicable rate per pollution unit for
the year in accordance with the rates and escalation table shown in Schedule III.
(2) The pollution charge shall be payable biannually, based on the actual production in
the preceding six months.
(3) The payment of the pollution charge shall be made by deposit, against proper receipt
in the government Treasury or any branch of the National Bank of Pakistan.
(4) The industrial unit shall submit a copy of the receipt, along with details of
calculation of the pollution charge in the form as set out in Schedule IV, to the
Provincial Agency.
7. Re-determination of pollution level.—(1) If during the year an
industrial unit reduces, for at least three consecutive months, the pollution units
discharged by it to eighty per cent or less of the level of at least one parameter, it
shall have the right to apply to the Provincial Agency for re-determination of its
pollution level.
(2) The Director-General may at any time, on application from any person of Suo Motu and
after giving an industrial unit an opportunity of being heard, have the pollution level of
the industrial unit re-determined by the Inspection Team if he has reason to believe that
the actual pollution units being discharged by such industrial unit in respect of any
pollution parameter are twenty per cent or more than the level determined by the
Inspection Team at the time of last measurement.
(3) Re-determination of the pollution charge under sub-rules (1) and (2) shall be allowed
by the Provincial Agency subject to payment of the prescribed fees by the applicant
specified in Schedule V.
8. Costs of determination of pollution level.—The industrial unit
shall provide all requisite assistance at the site for the visit of the Inspection Team
and shall bear all cost relating to determination of the pollution level, including the
prescribed fees specified in Schedule V, and costs of sampling, testing and reporting of
results:
Provided that the costs of re-determination of the pollution level on an application of
any person under sub-rule (2) of rule 7 shall be deposited with the Provincial Agency when
such re-determination is allowed, and shall be refunded to the applicant and charged from
the industrial unit, only if the actual pollution units being discharged by such unit in
respect of any parameter are determined by the Inspection Team to be twenty per cent or
more than the level determined at the time of last measurement.
9. Collection through industrial associations and Chambers of Commerce and
Industry.— (1) Subject to rule 4, where industrial units have formed an
association to look after their collective interests, such association may collect the
pollution charge from its member industrial units and deposit the same against proper
receipt in the Government Treasury of any branch of the National Bank of Pakistan.
(2) The Chambers of Commerce and Industry at the Federal and Provincial levels shall use
their goods offices to ensure that all industrial units in their respective jurisdictions
pay the pollution charge in accordance with these rules.
(3) All industrial associations and Chambers of Commerce and Industry shall submit a
monthly report to the Board indicating the total amount of pollution charge collected by
them during the previous month along with copies of the receipts of payment.
SCHEDULE I
[See rule 2(1)(d)]
Guidelines for determination of pollution charge for
Industry
Legal Basis
Section 11 of the Environmental Protection Act, 1997, contains the following sub-sections
that provide a legal basis for application of pollution charge, namely:-
(2) The Federal Government shall levy a pollution charge on any person who contravenes or
falls to comply with the provisions of sub-section (1), to be calculated at such rate, and
collected in accordance with such procedures as may be prescribed.
(3) Any person who pays the pollution charge levied under sub-section (2) shall not be
charged with an offence with respect to hat contravention or failure.
(4) The provisions of sub-section (3) shall not apply to projects, which commenced
industrial activity on or after the thirtieth day of June, 1994.
Primary Considerations
The proposed system of pollution charge ahas been developed to achieve a balance among the
following namely:-
1. The need for an equitable, simple and workable approach towards establishment of
pollution charge.
2. The need for real progress towards making the industry environmentally friendly without
jeopardizing the economic growth in the country.
3. The need of the industry to be allowed a period in which it can prepare for compliance
with the National Environmental Quality Standards (NEQS).
Guideline
Basic principles discussed and agreed upon in different meetings of the Environment
Standards Committee (ESC) comprising representatives of FPCCI, NGOs and the Government are
summarized below:
1. The level of pollution charge shall be established through a process of negotiations.
2. The level of pollution charge should initially be such that the industry should feel
the impact, but should not be excessive such that the financial health of the concern is
jeopardized.
3. The system should be applied uniformly across all the industrial sectors.
SCHEDULE II
[See rule 5(1)(c]
List of authorized NGOs
1. International Union for Conservation of Nature and Natural resources (IUCN)
House No. 26, St. No. 87, G-6/3, Islamabad,
Pone No. (051-2270686-87
Fax No. 051-2270683
2. Sustainable Development Policy Institute (SDP)
Ho. No. 3, UN Boulevard, Diplomatic Enclave, G/5, Islamabad
Phone No. 051-2278134
Fax No. 051-2278135
3. World Wide Fund (WWF) Pakistan
Address: P.O. Box 5180, Ferozepur Road, Lahore.
Phone No. 042-5862360
Fax No. 042-5862358
4. SUNGI
Address: H. No. 17, St. 67, G-6/4, Islamabad.
Phone NO. 2273272-2276579-89
Fax No. 2823559
F. PAIDAR
Address: 64-E, Mascco Plaza,
Office No. 3, 1st Floor, Blue Area, Islamabad
Phone: 2820359, Fax: 2820379
SCHDULE III
[See rule 6(1)]
Pollution Charge rates and escalation table
Schedule for payment of pollution charge
Pollution charge shall be payable on a biannual basis, calculated according to the
established discharge rate per unit of production, and the actual production of the unit
in the preceding six months.
Pollution Charge Escalation
The following table gives the Schedule for a period of three years beginning from the 1st
July, 2001:
POLLUTION CHARGE SCHEDULE
| Period | Annual escalation |
| (1) | (2) |
| 1st July, 2001 to 30th June, 2002 | 20% of base rate |
| 1st July, 2002 to 30th June, 2003. | 40% of base rate |
| 1st July, 2003 to 39th June, 2004. | 60% of base rate. |
SCHEDULE IV
[See rule 6(4)]
Details of calculation of Pollution
Charge
PART I
A. POLLUTION CHARGE FOR LIQUID EFFLUENTS
Parameters Applicable for Pollution Charge and
Definition of Pollution Unit
Parameters on which pollution charges are to be applied and the definitions of the
pollution units for each parameter are shown in the table below:
TABLE
List of selected NEQS parameters for pollution units calculation
| S.No. | Parameters | 1 Pollution Unit |
| (1) | (2) | (3) |
| 1. | COD | 50Kgs |
| 2. | TSS | 50Kgs |
| 3. | Oil and grease | 3 Kgs |
| 4. | Mercury | 20g |
| 5. | Chromium | 500g |
| 6. | Nickel | 500g |
| 7. | Lead | 500g |
| 8. | Copper | 1000g |
| 9. | Cadmium | 100g |
| 10. | Pesticides and herbicides | 100g |
The parameters for pollution units given above were arrived at in
view of the following considerations, namely:-
1. To keep the system simple and cost effective, the number of parameters should be kept
at a minimum.
2. The quantity of pollutant defined as one pollution unit reflects the relative toxicity
of the pollutant, and consequently the extent of damage to the environment.
3. The Federal Agency may expand the above list if deemed necessary.
Exemption in Pollution Units
Each industrial unit shall be allowed an exemption equivalent to NEQS for each parameter
on which the pollution charge is applicable. The exemption is proposed in line with the
spirit to the National Environmental Quality Standards.
METHOD OF DETERMINATION OF POLLUTION CHARGE.
Determination of Pollution Level
The pollution level in a unit or a production unit if so desired, shall be
measured once a year. The measurement shall be carried out jointly in the presence of at
least one representative each from the unit and the concerned EPA or agency approved by
EPA. Interested NGOs shall be allowed to accompany EPAs on such visits to ensure
transparency and neutrality in the process. The production of the unit during the
determination period shall also be recorded to ensure that normal operational conditions
of the unit prevail. Alternatively, pollution charge may also be figured out on the basis
of self-monitoring reports submitted under NEQS (Self-Monitoring and Reporting by
Industry) Rules, 2001, in mutual agreement with the concerned EPA.
Calculation Procedure
1. The effluent flow of a unit shall be measures for a limited period, ranging from a
minimum of a day to about a week, under normal operating conditions.
2. During this period, effluent samples shall be taken at regular intervals, ranging from
once an hour to once in eight hours and the concentration of pollutant parameters of
concern shall be established through laboratory analysis.
3. Net quantity of pollutant being discharged (in kg) shall be calculated by dividing the
net quantity of pollutant being discharged by the amount defined as one pollution unit for
the parameter under consideration.
4. Number of pollution unis for each parameter shall be calculated by dividing the net
quantity of pollutant being discharged by the amount defined as one pollution unit for the
parameter under consideration.
5. The number of pollution units per unit of production shall be calculated by dividing
the number of pollution units with production in the period during which tests were
carried out.
6. Number of pollution units shall be calculated on the basis of production in the period
for which pollution charges are to be paid.
7. The amount to be paid as pollution charge shall be calculated by multiplying the
chargeable pollution units with the applicable rate for a pollution unit for the year.
Sample calculation of pollution charge are given below:
| NEQS Parameters | Recorded | Effluent levels | |
| (1) | (2) | (3) | |
| COD | 150 mg/1 | 5200 | mg/1 |
| TSS | 150 mg/1 | 500 | mg/1 |
| Annual Operating Day | 160 Days |
| Prod Rate | 6, 000 Tons |
| Effluent flow rate | 5,300 m3/day or 848,000 m3/year |
Calculation of Pollution Charge:
| Actual Pollution Level | Annual Pollution Load* | Net Chargeable Units | |
| (1) | (2) | (3) | |
| COD | 15,200 mg/1 | 4,282,400 kg | 85,648 |
| TSS | 500mg/1 | 296,800 kg | 5,936 |
| Total | 91,584 | ||
| Total Units chargeable | 91,584 Units | ||
| Base rate per Unit | 100 Rs./Unit (For Example) | ||
| Total Pollution charge** | Year 1 | Year 2 | Year 3 |
| Rs./Year | 1,831,680 | 3,663,360 | 5,495,040 |
* Refer to Part I
** Refer to Schedule III
PART II
B. Pollution Charge for Gaseous Emissions:
Parameters to be charged and Definition of Pollution Unit:
Parameters on which pollution charge are to be applied and the definitions of the pollution units for each parameter are given in the table below:
TABLE
Selected parameters for pollution units calculation
| Parameter | Quantity of one pollution unit |
| (1) | (2) |
| Carbon Monozide (CO). | 400 Kg |
| Oxides of Nitorgen (Nox). | 200 Kg |
| Oxides of Sulfur (Sox) | 200 Kg. |
| Particulate Matter (Coal) | 250 Kg |
| Particulate Matter (Oil) | 150 Kg |
| Particulate Matter (Cement) | 100 Kg |
| Particulate Matter (Other Sources) | 250 Kg |
The definitions of pollution units given above were arrived at in
view of the following, namely:-
1. The system should be simple and cost effective, and the numbers of parameters on which
pollution charges are to be applied should be kept at a minimum.
2. The quantity defined as one pollution unit reflects the relative environmental impact
of a specific parameter on the assimilative capacity of the surrounding air and impact on
human health.
Exemption in Pollution Units
Each industrial unit shall be allowed an exemption corresponding to NEQS for each
parameter on which the pollution charge is applicable. The exemption proposed is in line
with the exemption proposed for liquid effluents.
APPROACH AND METHOD FOR THE DETERMINATION OF AIR POLLUTION CHARGE
Determination of Pollution level
The pollution level in a unit or a production unit if so desired, shall be measured once a
year. The measurement shall be carried out jointly in the presence of at least one
representative each from the unit and the EPA, or an agency approved by EPA for this
purpose. Interested NGOs shall be allowed to accompany EPAs on such visits to ensure
transparency and neutrality in the process. All air emission measurements shall be taken
under normal plant operating conditions. The industrial units shall arrange for air
emission measurement and shall bear the cost of air emission measurement. The production
of the industrial unit during the determination period shall also be recorded to ensure
that normal operating conditions of the unit prevail at the time of testing. The pollution
charge could also be figured out on the basis of self-monitoring reports with mutual
agreement of EPA.
Calculation Procedure:
The following measurements are needed to calculate the quantity in kg of each pollutant
being emitted, namely:-
1. Flow rate of the gas in the stack or chimney in kg/hr or cubic meter/hour.
2. Concentration of pollutant in the gas stream in ppm.
Calculations of gas flow rates requires extensive instrumentation, is time consuming and
expensive. To address this issue, a simplified fuel based approach is proposed for the
quantification of pollutant loads in gases discharged from fuel fired equipment such as
boilers, kilns, furnaces and dryers. This approach allows direct quantification of gas
flow rate using the amount of fuel consumed and excess air used per unit of fuel. Excess
air is the amount of air used over and above the theoretical amount needed for complete
burning of the fuel, and can be calculated on the basis of oxygen in the gaseous
emissions. In exceptional cases, industrial units that have arrangements for continuous or
online flow measurements of gas emitted may use actual flow measurements for the
quantification of air emissions.
A stepwise procedure for the calculation of air pollution units from an industrial unit is
given as under:-
1. The concentration of pollutant parameters of concern and oxygen in the stack gas shall
be measured for a limited period, ranging from a minimum of a day to above a week, under
normal operating conditions.
The temperature of stack gases shall also be measured.
2. The quantity of fuel consumed and production shall be monitored during the same period.
3. The flow rate of gases shall be calculated using standard formulas, with quantity of
fuel used, concentration of oxygen ad temperature as inputs.
4. Net quantity of air pollutant being discharged (in kg) shall be calculated by
subtracting the NEQS concentration from the measured concentration, and multiplying the
net concentration in excess of NEQS with the calculated flue gas flow.
5. Number of pollution units for each parameter shall be calculated by dividing the net
quantity of pollutant being discharged by the amount defined as one pollution unit for the
parameter under consideration.
6. Number of pollution units per unit of production shall be calculated by dividing the
number of pollution units with production in the period during which the tests were
carried out.
7. Number of pollution units shall be calculated on the basis of production in the period
for which pollution charges are to be paid.
8. The amount to be paid as pollution charge shall be calculated by multiplying the
chargeable pollution units with the applicable rate for a pollution unit for the year.
Pollution Charges for Non-Fuel Cases and Other Exceptions
For processes where fuel is not used or where it is not possible to calculate gas flow
rates on the basis of fuels used, direct measurement of gas flow rates shall be required.
Standard guidelines and procedures for measurement of gas flow rates shall be prescribed.
The remaining calculation procedures for the number of pollution units and amount to be
paid shall be the same as those for fuel related emissions.
Separate calculation procedures shall be developed for the cement industry to account for
volume corrections associated with carbon dioxide produced from the calcimining process.
The system of pollution charges proposed in this document shall not apply to the power
industry. Standards and procedures for the power industry shall be issued separately.
Sample Calculation of Pollution For Charge Gaseous Emission:
| NEQS parameters | Recorded | Emission level | |||||
| (1) | (2) | (3) | |||||
| Carbon Monoxide (CO) | 800 | mg/nm3 | |||||
| Oxides of Nitrogen (NOx) | 400 | mg/nm3 | |||||
| Oxides of Sulfur (SOx) | 400 | mg/nm3 | |||||
| Particulate Matter (Coal) | 500 | mg/nm3 | |||||
| Particulate Matter (Oil) | 300 | mg/nm3 | |||||
| Particulate Matter (Cement) | 200 | mg/nm3 | |||||
| Particualte Matter (Other) | 500 | mg/nm3 | |||||
| Fuel Consumed Kg/Year | Excess Air % | Fuel Gas Discharged M3/Year | |||||
| Bagasse | 495,000,000 | 30 | 1,854,646,438 | ||||
| Pollutant | Total Air Emissions (mg/nm3) | Exemption (mg/Nm3) | Net Chargeable Emission (mg/nm1) | Annual ** Chargeable Pollution Load (kg) | Chargeable Pollution Units | ||
| CO | 1,600 | 800 | 800 | 1,483,717 | 3,709 | ||
| NOx | 160 | 400 | -- | -- | -- | ||
| SOx | -- | 400 | -- | -- | -- | ||
| PM | 6,744 | 500 | 6,244 | 11,580,412 | 46,322 | ||
| Total Chargeable Pollution Units* @Base Rate /PU (Rs. 100/PU) | 50,031 | ||||||
| Total Pollution Charge | Year 1 | Year 2 | Year 3 | ||||
| Rs./Year | 1,000,619 | 2,001,238 | 3,001,857 | ||||
Re-Determination of Pollution Charges
If, during a running year, the unit attains a status (for a period fof at least three
consecutive months) which corresponds to eighty per cent or less of the value of at least
one parameter, the unit or the produciton unitis entitled to apply for a fresh assessment
of pollution charge. The EPA may impose a fee for such re-assessment.
* Refer to Schedule VI (B)
** Refer to Schedule III
SCHEDULE V
[See rule 7(3) and rule 8]
Fees for determination of pollution level
| Processing fees | Rs. 5,000/- |
| Sample analysis fees | Rates of certified labs under Notification No. S.R.O. 258 (I)/2000, dated 10th February, 2000, shall be applicable |
[File No. 14(3)/98-TO-PEPC]
SAEED ATHAR,
Section Officer
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