6.1 Air

6.1.1 Role and Scope of Key Actors

The existing legal machinery generally places an obligation accruing to existing laws of the country, on developers to take specified actions to pollution effects emanating from gaseous emissions. The definition of what constitutes air pollution is left to administrators to decide.

In the past the Central Government, through specialised institutions, has attempted to interpret the law and provide guidance on this matter. The most notable of them have been through the on-and-off Inter-ministerial Committee on Environment Special Committee on Factories which works with the members of the District Development Committees and relevant local authorities. The Committees' work has been hampered by lack of legal guidance on the quantities and types of emissions to be control.

(i) The Inter-ministerial Committee on Environment (IMCE)

The IMCE is the central environmental policy-making institution in Kenya. Its members are also key actors in implementing various standards.

The co-ordination role of the IMCE is to promote the integration of environmental policies and to advise the GOK and other institutions on matters related to the state of environment, and especially in connection with the monitoring, assessing and evaluating the impact of development activities on the environment. The Ministry of Environmental Conservation is the chair, while the National Environment Secretariat serves as its secretary.

It will monitor the implementation of the standards and recommend improvements on their harmonisation.

(ii) The National Environment Secretariat

The National Environment Secretariat (NES), a government department in the Ministry of Environmental Conservation, was established in February, 1974. It performs a co- ordinating and catalytic role in the protection and enhancement of environment for the benefit of all Kenyans. NES is the government link with the international organisations dealing with environmental matters mainly UNEP. It plays a central role in information exchange. It regularly receives information from IRPTC, ICPS, FAO, UNIDO and USEPA.
It will have the central co-ordinating role for the establishment of a national monitoring station and baseline stations.

(iii) National Council for Science and Technology (NCST)

The National Council for Science and Technology (NCST) was established by the Science and Technology Act (Cap 250) of the Laws of Kenya on 1st July, 1977. The functions of the Council are inter-ministerial in nature and it is free to interact directly with all government ministries and institutions as well as the general public and the private sector. This facility also extends to interactions with international organisations and institutions subject to
normal protocol requirements.

The NCST is the national focal point for science and technology policies and advises the government on all aspects of science and technology especially their applications for national development. To this end, it advises on scientific documentation, statistics, surveys and general information. It is mandated to establish the necessary machinery for the collection and dissemination of scientific and technological information. It has consequently established a department on scientific information.

It will advise on the appropriateness of the concept of the Best Available Technology to minimise gaseous emissions.

(iv) The Directorate of Occupational Health and Hygiene (DOHSS)

This a specialised occupational health department in the Ministry of Labour. From an occupational point of view, the DOHSS monitors the identification and assessment of personal exposures to chemicals in the industrial sector,
but only to the level of monitoring the causative agents and not the mechanism of effect.

It administers the Factories Act, Cap 514. It had, by 1992, 60 Occupational Health and Safety Officers distributed through 12 regional offices. These specialists include engineers, physical scientists, doctors, hygienists and
nurses. Further recruitment is under-way. It is expected that by the end of 1998 the department would have 200 professionals. It has information on industrial and other chemicals used in the working environment. Often, it
also has information on toxicity data, but generally based on the working environment where chemicals are being used.

(v) The Government Chemist Department

The Government Chemist is the department responsible for all Government chemical tests for the whole country that may have legal relevance. It is able to analyse all types and groups of chemicals, but in time it has focused the bulk of its effort to the following areas:
- chemical analysis of foods;
- water quality analysis;
- forensic sciences; and,
- deliberate and accidental poisonings.
Samples for chemical analysis come from the police, manufacturers, individuals, and many government institutions. The Department works closely with the National Public Health Laboratories. It has laboratories in Nairobi, Mombasa and Kisumu.

(vi) The National Public Health Laboratories (NPHL)

The Ministry of Health (MOH) administers the NPHL where food is analysed to check for contamination. The MOH also runs the Medical Training Centre where Public Health Officers and Food Health Inspectors are trained and
deployed to the divisional and the locational levels to act as the Government watch-dog on the quality of food in all stages of harvesting, transportation and processing.

The health inspectors have proved to be the best medium of transferring information on health matters in general, and chemicals in particular, to the grassroots level since they are the first to be called in whenever there is an issue affecting the health of the people. They take their samples for chemical analysis to the NPHL nearest to them since these facilities are in nearly all provincial hospitals.

The NPHL have capability to analyse food for microbiological and fungal contaminants, pesticide and heavy metal residues. It is best placed to monitor small scale enterprises.

(vii) The Nairobi City Council (NCC)

The Nairobi City Council has developed its own laboratory and inspectorate facilities since it has a larger concentration of enterprises where water and food contamination may occur. NCC collects and analyses food samples as well as water samples. All restaurants and eating-houses are inspected either for licensing or routine monitoring. The information storage includes hospital records for reported cases of poisoning.

It is best placed to regulate emissions from small-scale enterprises and also the control of emissions from the densely populated or industrialised areas.

(viii) The Kenya Bureau of Standards (KEBS)

This is a quasi government institution that runs mostly on commercial basis. It specialises in information on industrial chemicals, food additives, utility chemicals, and safety levels in compliance with relevant product standards.

It offers laboratory testing services for raw materials and manufactured products. Its capacity includes inorganic, organic, food; polymer and paints; and paper and non- metal analysis laboratories. It is best placed to monitor
the practicality of the standards.

(ix)Water Quality and Pollution Control

The most used risk assessment criteria for chemicals are in water quality for drinking, industries, agriculture, and livestock. Normally, WHO standards are adapted to the local conditions.

The responsibility for water quality is vested in the Water Quality and Pollution Control Division of the Ministry of Water Resources. Its work is facilitated by the Central Water Testing Laboratory which is responsible for raw, potable and waste water analysis. Provincial laboratories in Mombasa, Nyeri, Kisumu, and Kakamega carry out water analysis on a limited scale.
It can offer laboratory calibration and analysis of metals.

(x) Nairobi University

The Universities are the major sources f professionals in the chemical and information use and technology development.

(xi)Centre for Nuclear Science Techniques

This centre conducts research and publishes academic papers on topical issues in chemistry. It has increasingly been involved in monitoring and analysing environmental pollutants. It specialises in elemental analysis; nuclear instrumentation, maintenance, repair and installation; nuclear spectroscopy; dosimetry and non-destructive testing; and information technology. It also undertakes consultancy work for a number of organizations. It has already started a monitoring programme.

(xii) Kenya Energy and Environment Organization (KENGO)

KENGO was founded in 1981, and registered as a coalition of environmental non-governmental organisations in June, 1982. Its policy is to respond to emerging needs of its member organisations and groupings. The membership stands at 220 of which two-thirds are community-based development organisations.

To meet the increasing need for technical information on the management of natural resources and the physical environment, KENGO has been producing simple and practical "How to" publications for frontline extension workers, community groups, schools, farmers and the general public. In-depth reports are also produced for professionals and policy- makers.

(xiii) Climate Network Africa (CNA)

Formed in 1990, CNA is an NGO initiative dedicated to the exchange of information on climate related issues and global atmosphere issues such as climate change and ozone layer protection. As most of ozone layer depleting substances (ODS) are also greenhouse gases, and since alternatives to ODS could have negative implications for climate change, the issues of climate change and ozone layer protection cannot be separated. CNA's work programme is cross-sectoral and hence, relevant to air, water and soil pollution. CNA produces a quarterly newsletter, IMPACT, that is published in English and French. The Newsletter is mailed free of charge.

(xiv) Kenya Consumers Organization (KCO)

KCO is an independent, non-political, non-sectarian and non-profit making national consumer organisation. It is an associate member of the International Organisation of Consumers Unions (IOCU). It operates a network with many NGOs with similar objectives.

KCO's mission is to empower
consumers with information through comparative testing and eco-labelling, consumer alerts, and mass action campaigns. It has many sectoral
committees. Relevant ones include Standards/Testing, Health and Nutrition; and the Environment Committees.

6.1.2 Monitoring of Air Quality
The objectives of monitoring are to :

- provide information that allows appropriate interventions, such as air pollution reduction, to be made;
- allow periodic surveillance reports on build-up of air pollutants to be made;
- support prosecution cases;
- ensure that enforcement measures are effective; and,
- ensure that non-compliance with the desired air quality is acted upon by the relevant stake-holders such as plant managers, production or quality control engineers, waste auditors, maintenance and plant engineers; health, safety and environmental officers; and sectoral government inspectors.

The establishment of a monitoring programme should go through the stated below stages:

Stage One

(a) Collecting and collating background information relevant to the air pollution problem, including data on types, locations and emission characteristics of stationary sources, the number and types of mobile sources, the meteorological data from existing stations and the distribution of complaints about air pollution.
(b) Establishing contacts with organisations described in Chapter 5 which will play various roles in the programme.
(c) Installing two stations for the measurement of suspended particulate matter and sulphur dioxide. One should be at an urban centre and another at an industrial area, taking into consideration the influence of the meteorological factors.
(d) Setting up meteorological instruments at the two selected sampling sites.
(e) Procuring equipment for the measuring carbon monoxide, from vehicles, work-places and selected residential and service areas.
(f) Procuring a motor vehicle for servicing the fixed stations and carrying out the carbon monoxide survey.
(g) Acquiring laboratory equipment for analysing the levels of suspended particulate matter and sulphur dioxide in air samples.

Stage Two

(a) Continuation of measurements as in the first stage.
(b) Preparation of a simple diffusion model.

Third stage

This involves setting up of an air quality enforcement programme as described below.
(a) Compliance Monitoring
Compliance monitoring will be made at three levels, namely:

Level 1

Routine Monitoring: of the general ambient air quality through measurements and taking an inventory of emission sources. The baseline stations will determine trends in air quality. This will be done by regulatory agencies, research institutions and the universities. It is proposed that capacity will be developed to have central environmental reporting at regular intervals for decision- making and for issuance of permits.

Level 2

Monitoring Compliance with Standards: The Air Quality Officers will visit the significant emission sources to assess compliance status and identify any equipment, operations or activities that are not in conformity with set regulations.

Level 3

Industry Self-Monitoring: The emission source having better knowledge of activities and processes generating emission will check the air emission and store data and/or reports for onward transmission to the regulating authority. Self- monitoring will either be by process measurement or by emission inventories.

(b) Monitoring Stations

Lead Institution

The institution will:

(i) create a national database for air quality and referral facilities for management of air quality management;
(ii) create a national referral laboratory for air quality data;
(iii) train air quality Inspectors; and,
(iv) collect and analyse air samples and advise the offenders of the extent of non- compliance with the standards.

Baseline and Impact Stations

Four stations will be created in the following regions:
(i) Mt Kenya Region: This station would most likely monitor background emissions
(ii) Coast Region.
(iii) Western Region.
iv) The Rift Valley Region.

Besides being referral centres for the air quality information nationally, the baseline stations will generate data for the regions. The data will be used to assess the pollution load of individual polluters; advise on emission reduction
technologies; and response measures by relevant authorities; and to advise on land physical planning to minimize pollution from industrial sources.

6.1.3 Start-Up Activities

The first step is by standardising the methods of measurements for the Central Station and baseline stations as listed below,
- Selection of lead institution;
- Selection of personnel for the lead institution;
- Selection of personnel and training for deployment to the baseline stations; and,
- Procurement of equipment.

6.1.4 Setting Up Monitoring Stations

This will entail the following:
- selection of sampling sites;
- collection of meterological data; and,
- collection and compilation of a comprehensive list of background air pollutant levels.

6.1.5 Impact Stations

The impact stations will be meant for:
- recording the major sources of pollutants for the region under their jurisdiction;
- assessing the practicability of emission standards for the facilities in the region; and,
- periodically monitoring those sources with a view to ensuring full compliance with the standards set for them. Selection of the sites will be based on the criteria stated below.

(i) Representation of the general area selected and the common pollutants;
(ii) Accessibility - 24-Hours a day throughout the year. (iii) Electrical power availability.
(iv) Security.

6.1.7 Air Pollution Monitoring Equipment and Estimated Costs

An air quality monitoring system will require the following:

(1) a mobile air quality monitoring motor vehicle which can take measurements over a wide area and be adaptable to changing pollutant release systems. Such a vehicle would have to be mechanically stabilised in order to carry the sensitive air quality measuring instruments. It should have the following basic equipment pump, generator, computers, Laser Jet printers, modems, FAX machines/modem and relevant software.
(2) National Air Quality Laboratory (NAQL)