Decentralization in Environmental Compliance and Enforcement in Asia

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Decentralization in Environmental Compliance and
Enforcement in Asia
Introduction By Dr. Benoit Laplante Asian
Environmental Compliance and Enforcement Network
AECEN Annual Conference November 25, 2008
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Introductory remarks
Common approach

• A common approach to pollution control in South
  East Asia
• includes the following

• A national government adopts national pollution
• control regulations (such as regulatory
  standards or
• pollution fees)

• Implementation of the regulations is then left
  to sub-
• national levels of governmental agencies
  (province
• or state or municipal).

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Introductory remarks
Issues include

• The pollution control regulations often apply
  equally to all
• sub-national levels of government throughout
  the country
• despite the fact that different regions of the
  country
• experience different environmental, social, and
  economic
• conditions (e.g. same standards or same fees).

• In theory, we would prefer that standards be
  more
• stringent or pollution fees be higher in areas
  of the
• country where pollution discharges may create
  more
• damages.

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Introductory remarks
Issues include

• Similarly, the design of the pollution control
  regulations does
• not necessarily account for the fact that the
  capacity of local
• environmental agencies (resources, knowledge,
  budget)
• typically vary considerably across the country.

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Introductory remarks
Hence, the approach is

• Uniform pollution control regulations which in
  principle
• should not be uniform, and which in practice
  cannot be
• implemented in a uniform manner throughout the
  country.

In addition

• Sub-national levels of pollution control
  agencies (or
• departments or bureaus) typically do not have
  enough
• resources to implement fully the requirements
  of the
• pollution control regulations.

What is then the outcome?
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Take the example of China
Uniform levy per unit of wastewater discharge in
mid 1990s
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Take the example of China
A pollution levy which in theory is uniform for
the entire country in fact is not implemented
uniformly by local EPBs.
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Introductory remarks
The outcome appears to be

• Uniform national pollution control regulations
  are not
• implemented in a uniform manner.

• Local environmental agencies or departments have
  to
• prioritize the implementation of regulations
  and they do so by
• targeting pollution sources more likely to
  create large
• environmental damages.

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Questions for discussion
Question 1

• Under what circumstances decentralization is
  more likely to
• be effective?

Question 2

• What type of mechanism should be in place for
  the national
• environmental agency to monitor effectively the
  
• implementation of pollution control regulations
  by local
• agencies or departments?

Question 3

• What are the training needs of the local
  environmental
• agencies or departments to increase their
  capacity to
• implement national pollution control
  regulations?