Comparison And Contrast of the Legislation Approach Taken to Controlling Air Pollution in Hong Kong and The European Union (EU)
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Comparison And Contrast of the Legislation Approach Taken to Controlling Air Pollution in Hong Kong and The European Union (EU)
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Conceptual Overview of Air Pollution and Its Regulatory Importance
According to Godish and Fu (2019), air pollution is the presence of atmospheric air contamination due to pollutants present in the atmosphere that pose risks to human health, the health of other living things, the environment, and various products. Pollutants in the air include gases such as ammonia, hydrogen sulfide, carbon dioxide, methanol, nitrogen oxides, fluorinated gases, organic and inorganic fragments, and living entities. As a result, air pollution is a severe issue of concern, and Hong Kong has taken a legislative approach that could be similar to and different from that of the European Union (EU).
Legislative Framework of Waste Management and Environmental Protection in Hong Kong
Hong Kong has experienced significant health and environmental problems due to air pollution. While tackling this challenging and vital task of cleansing and purifying the atmosphere, the Environmental Protection Department (EPD) has been implementing the Waste Disposal Ordinance (WDO) Cap. 354 with subsidiary laws. The ordinance establishes legal restrictions on pollution spurred by all types of waste, including chemical waste and waste from livestock. In addition, it offers the legal foundation for Hong Kong's waste planning, disposal, and control. The ordinance addresses the regulation and oversight of the manufacturing, collection, storage, and disposal of waste of any kind, as well as the treatment, reusing, and recycling of waste (EPD 2023). It involves the certification and registration of organizations and individuals associated with such activities, the safety and protection of the general public in connection with such activities, and the provision of matters incidental to it. Environmental Protection Department (EPD) registration is required for chemical waste generators, and permits are required for waste pickers and disposal sites. A trip ticket system tracks garbage transit from its production site to its final disposal location. In 2019, 36 000 trip tickets were used.
Furthermore, the Waste Disposal (Amendment) Ordinance, which went into force on July 1, 1994, enlarged the Livestock Waste Prohibition Regions and added Restriction Areas. All treated animal waste outputs must now comply with a 50:50 standard [Suspended Solids (mg/L): Biochemical Oxygen Demand (mg/L)] as of July 1, 1999. Up to this point, financial aid of $946 million has been given to assist stricken farms. Farmers have implemented suitable livestock waste disposal and treatment procedures. As a result, about 90% of livestock waste has been disposed of in an environmentally safe way (EPD 2020). The volume of livestock waste produced and the proportion of livestock farms have decreased with the introduction of two voluntary surrender initiatives in 2005 and 2006. Likewise, the buyback program for trading live poultry started in 2008. As a result, the amount of garbage generated and livestock farms significantly decreased.
As provided by the Waste Disposal Ordinance, permits have been used to regulate trash import and export since September 1, 1996. The EPD conducts thorough checks on trash shipments at different export and import command posts and boundaries in coordination with the Customs and Excise Department and Marine Police to prevent illicit garbage shipments. Also, WDO monitors the strategic dumps to prevent unauthorized import waste dumping. On August 1, 2011, the Waste Disposal Regulation for Clinical Waste was enacted (EPD 2020). Clinical waste must be handled carefully and disposed of according to regulations for all generators of clinical waste. While identifying the locations where clinical waste is produced, each Clinical Waste Producer is given a Premises code (P-code). The collecting and disposal of clinical waste must be conducted under the authority of a clinical waste collecting license given by EPD in compliance with the Waste Disposal Ordinance. In Hong Kong, eight certified operators are now offering clinical waste collection services.
Comparative Evaluation of European Union Air Pollution Legislative Framework
In 2013, the European Commission approved a Clean Air Policy Package, developed using a thorough examination of the current EU aviation policy. A European Clean Air Programme and a suggestion for Directives on lowering residential releases of certain contaminants and regulating releases of specific contaminants into the air from initial burning units are included in such a policy package. Reducing air pollution across the continent is the goal of the EU's clean air package (Po et al., 2019). The recommended approach includes aims for reducing the harmful effects of air pollution on the ecosystem and human health, as well as legislative steps to implement stricter rules governing contaminants and atmospheric air conservation by 2030.
In contrast to the WDO, the Clean Air Policy Package emphasizes the actions each member state should take. Member States should limit their annual discharges of nitrous oxide, NMVOC, CH4, and sulphur dioxide under Article 4, established in connection with Annex II, to meet their reduction responsibilities for 2020 through 2030 (Koolen and Rothenberg, 2019). The emission sources not to be considered are listed in Article 4. Further, Article 5 gives Participating Nations the option to integrate joint reduction responsibilities for hydrocarbons, reimburse for equity of sulphur dioxide and nitrogen oxide emission reductions achieved by international maritime trade, and propose planned emission stockpiles anytime non-adherence with a minimization commitment, excluding hydrocarbons, outcomes from enhanced inventory methodology.
Additionally, Member States are required by Article 6 to create, manage, and update their national air quality control initiatives, which specify their means to reach their reduction goals. These initiatives must contain the data outlined in Annex III Section 2, details on reducing emissions of black carbon dioxide, and specific measures to lower nitrous oxide emission levels from the agricultural sector under Annex III Section 1 (Koolen and Rothenberg, 2019). The initiatives must be created concerning the structure of global air quality guidelines, and they must provide only information on the analysis supporting the measurement options. Member States are required to have public discussions before finalizing their programs. While accomplishing this, the European Parliament and the Council's Directive 2003/35/EC are modified under Article 16 of that law (Goździewicz-Biechońska, 2020).
According to the WDO, specific charges and punishments associated with the waste disposal ordinance incorporate any person or business guilty of breaking the ordinance risks facing legal action. On the contrary, the Union's action will be necessary to achieve best the objectives of the Clean Air Policy Package plan. The Directive 2001/81/EC outlines reduction objectives and baseline execution criteria. Still, it is up to the Member Nations to decide on the optimal measures to carry out such reductions. The idea is supported by the proposed policy, which extensively synergizes national program standards, measurement provisions, and review prerequisites for air pollution releases to correct Directive 2001/81/EC faults and comply with global agreements signed under the LRTAP Convention and its principles (Goździewicz-Biechońska, 2020). Although the proposal demands emission controls at the origins of the agriculture sector, Member States can choose not to execute it if it is not necessary to meet the minimization pledges.
Analysis of Environmental Policy Instruments and Regulatory Approaches
Policymakers in different countries consider different policy instruments while supporting environmental policy, including command-and-control regulation, market-based instruments, and voluntary regulation. Regulators deploy command-and-control strategies that are naturally directive when enforcing emission regulations and discharge caps, creating industrial product and process standards, and imposing transparency reporting obligations (Chistyakova et al., 2019). Environmental legislation with command-and-control regulation, instead of changing the structure of energy consumption, lowers GHG emissions by raising the technology level (Guo et al., 2021). Market-based instruments stand out for their reliance on daily private-sector financial computations for adoption. Market-based regulation entails the use of prices by the government as a market-oriented strategy to reduce the cost of pollution management while increasing effectiveness (Zhang et al., 2020). Intangible rewards, including public recognition and information on free or low-cost pollution reduction strategies, are offered through voluntary regulation (Wurzel et al., 2019). Environmental rules with market-based and voluntary environmental regulations significantly improve businesses' green innovation (Zhu et al., 2021). The interaction between various environmental regulatory instruments and the unpredictability of economic policy demonstrates that when businesses are faced with more flexible policy measures, the effect of monetary policy uncertainty on businesses will be more sensitive. Hong Kong uses the Waste Disposal Ordinance, which falls under the command-and-control regulation since it provides regulations on how various wastes and emissions should be disposed of following the underlying standards.
Integrated Policy Recommendations for Air Pollution Mitigation Strategies
While it is possible to identify how air-based pollution affects things, plants, and wildlife, solely epidemiologic data can be used to evaluate the consequences on human health. Most results come from employees exposed to much more pollution than the general population. Consequently, some suggestions for mitigating air pollution include the generation of renewable and alternative energies, moving away from fossil fuels, and replacing them with power sources, including solar, wind, and nuclear. While reducing air pollution, the general public should be urged to use public transportation. Public transportation, which uses less energy and petroleum, is a proven way to reduce pollution. Utilizing public transportation can result in financial savings and a decrease in the release of hydrocarbons into the ecosystem. In addition, other recommendations for mitigating air pollution would be mitigating waste disposal through recycling, reusing, and dematerializing different products. It might entail smaller, lighter items and packaging, substituting tangible products with intangible ones, working from home, and so on. Reducing a product or service's overall material and energy input and limiting the environmental effects by cutting back on manufacturing, energy and resource inputs used by users, and waste generated during disposal.
Reference List
Chistyakova, G., Rolgayzer, A., Bondareva, E. and Schlee, I., 2019. International Practice Of Environmental Challenges Regulation. In E3S Web of Conferences (Vol. 105, p. 02024). EDP Sciences.
Environmental Protection Department (EPD), 2023. A concise guide to the Air Pollution Control Ordinance. Environmental Protection Department. Retrieved from https://www.epd.gov.hk/epd/english/environmentinhk/air/guide_ref/guide_apco.html#section10
EPD. 2020. Enforcement activities and statistics under the Waste Disposal Ordinance 2019. Environmental Protection Department. Retrieved from https://www.epd.gov.hk/epd/english/laws_regulations/enforcement/resource_enfor6_2019.html
EPD. 2023. Requirements and procedure for application of environmental permits/licences. Environmental Protection Department. Retrieved from https://www.epd.gov.hk/epd/english/application_for_licences/guidance/application_maincontent34.html
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