Legal Framework, Policy Design and Implementation

Legal Framework, Policy Design and Implementation - Curated Guidance for Stage 1

Assess where you are in policy design and implementation to determine which stage you are in and identify the key activities you need to undertake as
an air quality manager to go to the next stage. 

 

The guidance below is for Stage 1.
Additional guidance for Stages 2 through 5 is being developed for future iterations of AQMx.

StageCapacityObjectiveActivities / OutcomesPolicy approachSustainability Plan
01.
  • No specific department for air quality policy and regulation
  • Basic technical training in environmental resource management
  • Some technical or analytical capacity specific to air quality management
  • Set up a constitutional / legislative framework for air quality protection
  • Adopt national ambient air quality standards (NAAQS)
  • Ambient standards and Regulatory approach for Ambient Air Pollution (AAP)
  • Initial regulation of ambient air pollution with regards to international standards / WHO guidelines
  • No central budget, donor dependent
02.
  • Basic technical training in air quality management and control system
  • Technical / analytical capacity specific to air quality management
  • Some practical experience
  • Clean Air Act Technology- specific performance standards
  • Subsidy reform
  • Regulations developed for key sectors and aligned with national fiscal policies.
  • Command and control performance standards
  • Subsidy reforms
  • Limited central funding
  • Major donor-dependent funding
03.
  • Some advanced knowledge of air quality management
  • Limited knowledge permitting, regulatory compliance, enforcement mechanisms, cost-benefit assessment
  • Sector-specific complementary tailored regulatory programs aligned with GHG programs
  • Key sector regulations complemented by tailored but complementary sector-specific programs (e.g. voluntary, market-based, fiscal incentives, etc.)
  • More stringent stack or tailpipe standards
  • Effective enforcement in place
  • Some central funding
  • Significant donor funded projects
04.
  • Some advanced technical training in implementing market-based regulation, voluntary programs, fiscal policy reform
  • Iterative process of review and strengthening of performance standards
  • Refined and layered complementary sector programs
  • Routine cycle of NAAQS review and regulatory revision
  • Sector specific tailored regulations to supplement such as market trading for power sectors; low emission zone (LEZ) for urban areas, etc.

  • Centrally funded regulatory program
05.
  • Advanced technical training in addition to specialists in air quality-specific regulatory programs

 

  • Fully functioning integrated Air Quality Management and Climate Action Planning at national, state and municipal levels
  • Routine compliance with NAAQS consistent with LT-LEDS strategies (Long-Term Low-Emission Development)

     

  • Routine and ongoing cycle of progress and policy reform consistent with accountability framework
  • Centrally funded including in-house research

     

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 and/or adopt ambient air quality standards

Setting National Ambient Air Quality Standards (NAAQS) 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. NAAQS provide a basis for assessing air quality, guiding pollution control 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 NAAQS, 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. NAAQS, 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 NAAQS 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 NAAQS.

04 Consider technology-specific performance standards

Setting technology-specific performance 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 7 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 head on.

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 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 NAAQS 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.

Curated Guidance Developed by

 

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