The Effectiveness of Industrial Air Pollution Control Policy A Comparative Study of Jakarta, Indonesia and New South Wales, Australia Cecep Aminudin Indonesian Center for Environmental Law & Program Study of Environmental Science, University of Indonesia University of Indonesia

Background Air quality is very important for human, animal and plant life Air pollution from various sources (including industry) is an acute problem in the world Governments issued policy to solve the problem However, the research about the effectiveness of the air pollution control policy is still rare

Research Objectives To know the effectiveness of industrial air pollution control policy in Jakarta, Indonesia To know the effectiveness of industrial air pollution control policy in New South Wales, Australia To compare the effectiveness of industrial air pollution control policy in Jakarta, Indonesia and New South Wales, Australia

The Framework of Industrial Air Pollution Control Policy in Jakarta, Indonesia Indonesia 1945 Constitution Law Number 23/1997 on Environmental Management Act Government Regulation 41/1999 on Air Pollution Control Blue Sky Program PROPER Program MoE Decrees on Emission Standard National Local Regulation 2/2005 on Air Pollution Control Governor Decree on Ambient Air Standard Local (Jakarta) Governor Decree on Emission Standard Clean Air Program Air Emission License Air Pollution Emitters Industry

The Framework of Industrial Air Pollution Control Policy in NSW, Australia Australian Constitution and Legal System, Common Law IGAE NEPMs NPI National Ambient Air Quality Federal Protection of the Environment Operation Act 1997 (POEO) States (NSW) Protection of the Environment Operation (Clean Air) Regulation NSW AQMP (Action for Air) Pollution reduction program Leak detection & repair NOx Policy Implement POEO Act Cleaner Production Unit in EPA Implement Clean Air Regulation Load Based Licensing Air Pollution Emitters Industry

The Comparison of Policy Instruments in Jakarta and NSW Applied Policy Instruments Indonesia Australia National Local (Jakarta) States (NSW) Standard Setting Emission Standard, Air Quality Standard Air Quality Standard Emission Standard, Best Practicable Means Technology Administrative Law Enforcement License, Inspection, Mandatory Environmental Audit License, Inspection License, Inspection, Compliance Audit, Mandatory Environmental Audit Private Law Enforcement Legal Suits Criminal Law Enforcement Investigation, Prosecution Investigation Market Based Instrument LBL Voluntary Voluntary Environmental Audit Voluntary Agreement (Superdasih) Publication and Information PROPER   NPI Public Expenditure Technical Assistance Cleaner Production Unit

Measuring Effectiveness Policy Output Intermediate Outcomes End Outcomes Administrative Law Enforcement Private Law Enforcement Criminal Law Enforcement Market Based Instruments Publication and Information Instruments Voluntary Instruments Public Expenditure Instruments Industry behaviors to the regulation Emission load and concentration from industrial sources Air Quality in Industrial Area

Research and Analysis Method Approach ex-post facto policy evaluation research Pollutant Parameter carbon monoxide (CO), nitrogen oxyde(NOx), particulate, hydrocarbon and sulfur dioxide (SO2) Location of Study Jakarta and New South Wales Scope of Study Province (Jakarta) to State (NSW) Data Sources Governments Report and Publication, Other Secondary Publication, Interview Analysis Descriptive Comparative

The conditions of the policy outputs Administrative Enforcement Criminal Enforcement Voluntary Private Enforcement Information & Publication Economic Instrument Public Expenditure

The Conditions of the Policy Intermediate Outcomes Jakarta: Reactive phase. The behavior of industry to comply with environmental regulation are low. Non compliance to emission standard between 17 – 76 %, non compliance on reporting obligation is about 30 %, the installation of air pollution equipment 0 out of 10 in 2004. NSW: Constructive to Proactive Phase. Non-compliance rate of industry is relatively low (12 – 15 %). the installation of air pollution equipment 17 out of 17 in 2000.

The Conditions of Policy End Outcomes Nitrogen Oxide Jakarta NSW Particulate Hydrocarbon Sulfur Dioxide Carbon Monoxide

Conclusion 1. In general, the industrial air pollution control policy in Jakarta is not yet effective. Where the end policy outcomes, the intermediate policy outcomes are low and policy output is weak. In general, the industrial air policy control policy in NSW is potential to be effective. Where the end policy outcomes and the intermediate policy outcomes are better than in Jakarta and the policy outputs is stronger than in Jakarta. The industrial air pollution control policy in NSW is more effective than in Jakarta.

Why There is a gap ? Lack of institutional capacity, strategy, political priority, and enforcement culture in Indonesia.

Recommendations A concerted efforts of stakeholders …………………. Central Government Donors Law Enforcers Local Government Financial Institutions Industries NGO’s & Civil Society Markets A concerted efforts of stakeholders ………………….

Thank you……..... INDONESIAN CENTER FOR ENVIRONMENTAL LAW JL. Dempo II No. 21, Kebayoran Baru, Jakarta, 12120. INDONESIA email: aminudin98@yahoo.com