OVERVIEW

Environmental standards in environmental management are an important tool which ensures the right to a clean and healthy environment for all people living on this earth. The countries of East Africa are undergoing a high level of socio- economic transformation which trend has an impact on the environment in terms of threatening the carrying capacity of the natural resources available. Use of environmental standards by these countries will therefore ensure that while the countries develop discharges and emissions do not adversely and significantly harm the environment and natural resources. The environmental standards, when applied in this sub-region will ensure efficiency, and competitiveness in investments.

The Process of developing and harmonizing environmental standards under this project was started in 1997, when a regional workshop on methodology for the development of environmental standards was held in Kisumu, Kenya. It was attended by representatives from the regulatory authorities of, among others Kenya, Tanzania and Uganda, including some of the consultants who eventually prepared these country reports. The purpose of the workshop was to develop and harmonize the general criteria and methodology for the development of environmental standards. The national teams were thereafter required to apply the methodologies in an exercise to develop national reports and standards even if these are tentative.

Kenya Country Report

The Kenyan Country Report approaches the issue of environmental standards through the legal base of existing legislation and standards at national level as well as guidelines and norms offered at national and international levels.

A comprehensive legal review is given which shows that Kenya lacks a comprehensive legal and institutional mechanism to deal, among others, with issues of environmental standards. This situation, however, exists even though Kenya has a number of reports, policies, guidelines on the subject. The"existing Standards" which are shown in the report have no legal basis since they have not been formally enacted.

The report further reviews a number of critical cases to justify the need for establishment of environmental standards, most of which are concerned with emissions or discharges from industry and mobile sources, especially motorized vehicles.

The Kenyan Country Report further reviews, in great detail, scientific knowledge and technology on "environmental standards". This review is mostly from international sources such as International Labour Organization (ILO), World Health Organization (WHO), United Nations Industrial Development Organization (UNIDO); Organization for Economic Cooperation and Development (OECD) and International Standards Organization (ISO); among others. The review of scientific knowledge and technology relates to the importance of pollution control of air, water and soil.

The sources of the pollution are also reviewed. In all the areas under consideration, great detail is given to objectives, as well as priority areas needing control especially emission and discharge reduction techniques, among others.

On soil quality standards, the Kenyan report notes that no standards have ever been developed, although methods of analysis of soil were published in 1980. The report proposes standards for air, water and soil. On effluent discharge standards, proposals are given for inland waters and public sewers. Methodology on formulation, testing and enforcement of the standards is given using a logical framework. This includes comparison with other developing countries as well as with some developed countries.

The Kenya Country Report, at the end, provides a detailed capacity building proposal for the development and enforcement of the environmental standards. Capacity building will be required in institutions responsible for the various standards, in air quality management, training for water quality monitoring, laboratories for soil testing and equipment. At the sub- regional level, with environment being a sphere of co-operation, to incorporate strategies for collaborative research and training in environmental standards will be quite appropriate.

In conclusion, the Kenya Country Report has a concentration on air quality issues thus showing it as a major problem in Kenya.

Tanzania Country Report

The Tanzania Country Report takes an approach fairly similar to that of Kenya. It is based on a comprehensive review of the laws, guidelines, norms and standards relating to air, water and soils. Most of the laws that exist have some relevance to standards, but are generalized and hence not easily enforceable in courts of law. The Water Utilization Act, however, is the only legislation which sets standards for water quality. Standards have also been developed for water quality, worker safety and consumer goods.

The report reviews standards and guidelines on environment by providing examples of legislation on ambient receptors, emissions, and specification standards in a theoretical setting. It further reviews national legislation on the matters relating to environmental standards. The report reviews the scientific knowledge and technology on environmental standards by providing, in a tabular form, proposals for waste water, maximum concentrations for metal pollutants in drinking waters, effluent standards, standards for organic substances, and receiving water standards.

While acknowledging the stage of Tanzania's industrial development, the report acknowledges the need to take precautions to ensure that the country does not suffer from heavy pollution. In this regard, air pollution, apart from urban areas, is on average low.

As regards soil standards, the Tanzania report provides a very brief statement thus indicating the low priority of the need for such standards. Classification and prioritization of environmental standards is shown in the areas of waste-water, drinking water, air quality and to some extent soils standards. In the area of waste water, standards, methodology and criteria for measurement, and the preferred testing methods are provided. A list of heavy metals which require regulations is also indicated. Like the Kenyan Country Report, the Tanzania report provides a capacity building mechanism. The mechanism has a comprehensive proposal for institutional licensing of polluting sources and integrated approaches to licensing. These mechanisms are intended to eliminate duplication and inefficiency in licensing, inspections and enforcement efforts. A Technical Committee on licensing is also proposed to license polluting sources.

The Tanzania Report also provides proposals for enforcement of environmental standards within and across boarders, that is, East Africa region. It also contains proposals for the use of financial incentives and tools, streamlining of the judicial processes and penalties. Other enforcement mechanisms such as performance bonds, restoration orders, record keeping and inspections are proposed.

In conclusion, the Tanzania report provides a good basis for further development of environmental standards at the national level. Related to this, and at a sub-regional level, the report proposes that a joint institution be established on promulgation and enforcement of environmental standards under the aegis of the East African Tripartite Commission.

Uganda Country Report

Unlike the Kenyan and Tanzanian approaches, Uganda used a different methodology in developing her component of environmental standards under this project. During the Kisumu Workshop on Development of Methodologies and Criteria for Standards, Uganda revealed that she had already embarked on the issue of developing environmental standards. Uganda had used task forces and technical committees. Therefore, under this project, Uganda opted to develop and harmonize soils quality standards only.

The Uganda Country Report on soils management standards was found a priority as it is generally believed that it is a pre- requisite for the long term sustainability of agricultural sector especially on croplands, forests, wetlands and rangeland ecosystems and overall environment management. This is an indicator that Uganda attaches great priority on agricultural productivity.

Unlike the reports from Kenya and Tanzania, the Uganda report did not review existing laws. This activity had been carried out under the National Environment Act Plan (NEAP) Process 1991 - 1995 where it was found that no legally binding standards or guidelines exist on soils standards.

A review of the major environmental problems, the impacts of various uses on the soil, are however, presented. It is seen from the report that Uganda has been conducting soils resource inventories since 1933. In the process, they had developed some working guidelines on soils fertility and productivity and a soils maps were in place, though out-dated. A land-use characteristics of Uganda is also in place.
The report presents draft soils quality standards for:

 agricultural land-use (using rain-fed agriculture);
 special cases (acidic)
 irrigated agriculture
 wetland rice systems under natural flooding
 wetland rice under irrigated systems

The Uganda report, like that in Kenya and Tanzania provides parameters and methods for determination for chemical and physical standards. Related to the soil quality standards, the report provides soils conservation guidelines for varying topographical areas as seen from the national context. The necessary implementation requirements, frequency of monitoring and cost implication of the soil quality standards are also provided in the report.

Bearing in mind that a certain small but very important population live in urban areas, the report also provides for standards for land-use in urban areas. These standards basically deal with social facilities and waste management standards e.g. landfill management. Under this category, substantive details are provided on the location, inspection process, indirect discharges into landfills, site closure and monitoring of landfills.

In conclusion, the contents of the report from Uganda has since been taken up by the Government and the Environmental Standards (Soils Management Standards) Regulations, 1999 has been drafted. It is expected that by the end of 1999, these draft regulations will become law in Uganda. The soil conservation guidelines and the standards for waste management have been adopted for use by farmers and other appropriate regulatory authorities and stakeholders.