Legal Framework and Policy Design

01 Make a plan

Review the steps below and make sure you/your department have adequate staffing, resources and authority to carry through with what is required (including identifying the most appropriate type of air management framework/system, the key sectors that are relevant for your jurisdiction and what type of regulations may be most feasible/appropriate for your jurisdiction). 

This may involve assessing the political will for action among your management and the public. You can get a good overview by reading the following resources.

02 Undertake a political-economy assessment (PEA)

Assess the political will for action and what style of regulatory option may be most realistic for your jurisdiction. Local political-economy considerations may make a difference as to what approach you take toward regulation and the timing of such actions.

03 Propose Ambient Air Quality Standards

Setting Ambient Air Quality Standards (AAQS) is crucial for safeguarding public health and the environment by establishing guidelines for acceptable levels of common air pollutants. These standards serve as the foundation of a regulatory framework to monitor and control pollutants like particulate matter, ozone, sulfur dioxide, nitrogen dioxide, and carbon monoxide that can pose serious health risks and contribute to environmental degradation. AAQS provide a basis for assessing air quality, guiding pollution policies and measures, and promoting sustainable development practices to ensure clean and safe air for all citizens. Compliance with these standards not only protects vulnerable populations, such as children, elderly, and individuals with respiratory conditions, but also supports economic activities by reducing healthcare costs, improving productivity, enhancing tourism and fostering a healthier workforce. By setting AAQS, governments have a baseline against which they can more effectively address air pollution challenges, mitigate climate change effects, and promote overall well-being and quality of life for present and future generations. Establishing a legislative and regulatory framework to achieve the standards is a higher hurdle and each jurisdiction will have to decide how realistic it is – and when to try to – adopt a Clean Air Act, regulations or any of the other policy approaches laid out in Steps 4-7 below, giving consideration to the PEA in Step 2 and the implementation considerations in Step 8. AAQS, however, are a critical starting point for every jurisdiction that helps to establish clean air as a basic right. Even if you can’t adopt AAQS right away, you should propose them if they are not already in place. The WHO Global Air Quality Guidelines and corresponding interim targets can provide a useful starting point for the definition of AAQS. It is also possible to start with an indicative target value, instead of stricter limits or standards - an example of an AAQS using target values is the EU’s Ambient Air Quality Directive. 

04 Consider technology-specific performance standards

Setting technology-specific performance standards (i.e. "source-based legislation" or emission standards) is vital in controlling ambient air pollution as it provides clear guidelines on emissions limits for specific sources and technologies. These standards ensure that industries and facilities adopt cleaner technologies and practices to reduce harmful emissions into the atmosphere, ultimately improving air quality and public health. By targeting emissions at the level of specific sources and tailoring standards to the capabilities of different technologies, regulators can effectively curb pollution levels. Technology-specific standards also drive innovation and incentivize the development and adoption of cleaner, more efficient technologies and processes. Establishing these standards encourages investment in research and development of low-emission technologies, leading to sustainable solutions that benefit both the environment and the economy. By enforcing such standards, policymakers can accelerate the transition towards a cleaner, healthier environment while supporting industries in their efforts to comply with stringent air quality regulations. Examples include standards by the International Standards Organization (ISO), industry-specific standards for stack emissions, or Euro vehicle emissions standards. Inspection of used vehicles’ emissions should also be strongly enforced. GHG accounting tools may also reference specific performance standards for other pollutants.

05 Consider subsidy reform and fiscal incentives

Governments are spending trillions on inefficient energy subsidies that are making air pollution worse, while also exacerbating climate change – money that could be tapped to help solve the problem. Agriculture subsidies are responsible for the loss of 2.2 million hectares of forest per year - or 14% of global deforestation that reduces the Earth’s capacity to absorb air pollution. Fossil fuel usage—incentivized by subsidies—is a key driver of the approximately 8 million premature deaths each year due to air pollution. Annually, countries spend six times more on subsidizing fossil fuel consumption than their commitments made under the Paris Agreement to tackle climate change. Redirecting these subsidies can unlock significant funds for addressing air pollution.

06 Consider sector-specific, tailored programs to complement performance standards

Depending on which sectors are the most important likely contributors to air pollution in your jurisdiction, you may want to consider market-based trading mechanisms for point source power or industrial sources; low-emission zones, public transit incentives, or import restrictions for old and polluting vehicles, for the transportation sector; public-private partnerships to finance integrated solid waste management; payment for environmental services (PES) schemes for the agriculture sector, etc. Learn more about how these alternatives are implemented and look for case studies of other jurisdictions who have implemented these alternatives. Consider which options will also aid in the achievement of SLCP & GHG goals.

07 Consider voluntary programs

Voluntary programs, including those that are energy efficient and focus on public transport and land-use, play a significant role in reducing air pollution by encouraging businesses, industries, and individuals to adopt sustainable practices and technologies beyond regulatory requirements. These programs offer incentives, technical assistance, and recognition to participants who voluntarily commit to reducing their emissions and improving air quality. By engaging stakeholders proactively, voluntary programs promote environmental stewardship, raise awareness about air pollution issues (e.g. labeling programs), and foster a culture of sustainability. Furthermore, these programs enable flexibility in achieving emission reduction goals, allowing participants to tailor solutions to their specific circumstances and needs. Overall, voluntary programs complement regulatory measures, supplementing efforts to curb air pollution and enhance environmental protection through collective action and shared responsibility.

08 Consider implementation, enforcement and authority needed

Implementation, enforcement, and authority are critical components of air quality improvement programs as they ensure that regulations and standards are effectively applied, compliance is monitored, and appropriate actions are taken to mitigate air pollution. Strong implementation strategies are essential to translate policies into tangible actions, outlining responsibilities, timelines, and targets for various stakeholders. Effective enforcement mechanisms, including monitoring, inspections, and penalties for non-compliance, are necessary to deter violations and ensure adherence to air quality regulations. Moreover, clear regulatory authority empowers governing bodies to enact, enforce, and adjust air quality standards as needed, fostering a legal framework that supports environmental protection and public health. By establishing robust implementation frameworks, enforcing compliance with regulations, and granting appropriate authority to regulatory agencies, air quality reduction programs can effectively address pollution sources, drive emission reductions, and safeguard air quality.

09 Consider financing

Consider financing needs, both near-term and long-term. At stage 1 of your regulatory journey, some of the planning grants below help you to develop a regulatory vision and a plan for aspects of regulatory development laid out in Stage 2-5. Establishing connections with your Ministries of Finance and municipal budget departments will help you to understand the steps required to frame air quality policy initiatives or clean technology programs in terms considered a “bankable project”, “shovel-ready project” or ready-to-finance as viewed by development partners or government budget officials.

10 Develop a regulatory approach

Using the information and knowledge gained in the previous steps, develop a legal approach using some or all of the mechanisms detailed above to create a legal regime to achieve your AAQS and other air quality goals. As part of this plan, you should be sure to align your air quality strategy with climate goals, but also strategies and plans for mobility, food security, and energy security. 

Detail how to prioritize options across air quality and climate goals, with regard to political-economy and finance considerations. Align with Nationally Determined Contributions (NDC) goals and Long-Term Low Emissions Development Strategies (LT-LEDS). Your long-term implementation strategy will extend into successive stages in an iterative cycle of air quality management planning.