Pemerintahan Efektif untuk Perlindungan Lingkungan

1. Effective Governance For
Environmental Protection
Steve Wolfson
U.S. Environmental Protection Agency
Office of General Counsel
Wolfson.steve@epa.gov
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2. Themes
• Strong environmental laws are critical for
protecting public health.
• While countries vary in form and implementation,
we can identify core elements of effective
governance for environmental protection.
• Strong environmental protection is compatible with
strong economic growth.

3. Pollution
and Health “For decades, pollution and
its harmful effects on
people’s health, the
environment, and the planet
have been neglected both
by governments and the
international development
community.”
Pamela Das and Richard Horton,
“Pollution, health, and the planet: time
for decisive action” in The Lancet,
October 19, 2017.
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4. Pollution Impacts on Health and the
Economy
• Air pollution estimated to cause > 4 million premature deaths
annually.
• Water pollution, poor sanitation, and indoor air pollution cause
serious health impacts as well.
• The impacts of air pollution fall heaviest on the young, the old,
and the poor. The medical costs and lower productivity pose “a
real drag on development” (World Bank)

5. Health
Impacts
Estimate of health
impacts prevented
by regulations
under 1990
Amendments to
U.S. Clean Air Act
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7. Reducing particulates to WHO Guideline levels estimated to add more
than 6 years to life expectancy in northern India

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9. 1936 2006
Pittsburgh, Pennsylvania
Once known as the “Smoky City”
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10. Legal Gaps Matter
Gaps in legislation
constrain
implementation of even
widely accepted
principles like access to
environmental
information
Thirsting for Justice
report by World
Resources Institute
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11. Growing international recognition of importance of
Effective Governance for Environmental Protection
• Sustainable development depends on “good governance and the rule of law”
including transparent and accountable institutions
• Rio + 20 U.N. Conference on Sustainable Development outcome “The Future
We Want” paragraph 10 (2012)
• U.N. Environment Program to support developing national capacities, with
attention to information access, public participation, accountability mechanisms
• UNEP Governing Council Decision 27/9 on Advancing Governance, Justice,
and Law for Environmental Sustainability (2013)
• Recognition of the need to build effective, accountable and inclusive
institutions, with targets promoting the rule of law, access to justice, reducing
corruption, ensuring participatory decision-making and access to information
• U.N. Sustainable Development Goals, Goal 16 (2015)

12. What makes for
effective governance for
environmental protection?
The Power of Information
• Increased awareness of pollution
and its impacts can trigger public
pressure for transparency and for
actions to protect health.
• Monitoring Pollution Levels
• Disclosure of source-level
pollution

13. What makes for
effective governance
for environmental
protection?
• Strong laws that are clear,
implementable, and enforceable
• Practical implementation mechanisms
and enforcement authorities
• Examples:
• Record-keeping, monitoring and
reporting provisions
• Robust pollutant permitting systems
that are transparent and systematic
• Periodic renewal of permits to keep
up with regulatory developments
• Attainment planning systems to
ensure standards are met.
• Strong institutions
• Coordination across different agencies
and different levels of government
• Compliance Assurance

14. EPA Environmental Programs Depend On
Robust Permit Programs
Ø Consolidates requirements and secures permittee understanding
and commitment
Ø Clarifies what is required: Who, What, Where, When, How
Ø Including clear limits on pollutant releases
Ø Clarifies monitoring and reporting requirements
Ø Facility-specific conditions (when needed)
Ø Links facility to implementation plan
Ø Facilitates inspection
Ø Transparency of permitting procedures: allows stakeholders to
hold permittee and government accountable
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15. Transparency in Permitting Systems
Permit terms and conditions
Public documents
Sometimes available on internet
websites
Available through document
requests
Permit issuance process
Public notice of draft permit
Opportunity for public comment
on draft permit
Notice of final permit decision
Opportunity for administrative
appeal and/or r judicial review
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16. Permits as a Tool to
Promote Compliance
• Promote transparency and
stakeholder input
• Give specific meaning to the laws and
regulations at the source level
• Level playing field
• Limit the pollution and achieve
compliance
• Provide basis for penalty to recover
economic benefit
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17. China case study
Before strengthening environmental laws:
§ 90% of major cities were not meeting air quality
standard.
§ Severe water contamination and scarcity
§ Extensive land contamination (19% of farmland
contaminated)
§ 3.5% of GDP lost to environmental degradation.
§ Growing public pressure on government to address
crisis

18. China case study
Growing awareness of pollution levels and health impacts triggered
environmental law reforms:
• Public disclosure of pollutant emissions.
• Air Pollution Control Law & Clean Air Action Plan
• Growing role of NGOs
• Public can sue polluters for violating standards
• Use of social media to spread awareness - Pollution Map
App
• Strengthened accountability of polluters and government
officials for meeting standards
• Improving permitting system and attainment planning

19. China case study
• Significant progress on air pollution: particulate pollution (PM 2.5)
declined > 30%
• Still a long way to go, especially on water pollution and waste
issues.
• Legislative reforms continue
• Pollutant Permitting System
• 2016 Permit System Implementation Plan
• 2018 Permitting System Implementation Measures
• 2019 Catalogue of Pollution Discharge Permit Management for
Stationary Sources
• Training prosecutors to handle environmental cases
• 2018 Hazardous Waste Law
• 2020 Draft Legislation on Chemicals Management

20. Does
Environmental
Protection
Undermine
Economic
Growth?
• Government regulations requiring pollution
control are “technology forcing” and can
encourage the modernization of industry and
infrastructure.
• A marginal business that can’t afford pollution
control technology might not last very long
anyway.
• Investment in environmental clean-up can
stimulate other upgrades that enable
businesses to more effectively compete.
• A clean environment reduces illness and
health care costs.
• A clean environment attracts investment and
tourism.
Steve Cohen, “The False Trade-Off Between Economic Growth
and Environmental Protection” Columbia University Earth
Institute Blog

21. Effective Environmental Governance
Promotes a Strong Economy
•Protects public health and yields economic benefits.
•Creates predictability and promotes level playing field.
•Fosters a stable business climate.
•Spurs innovative technologies.

22. Comparing Growth and Air Emissions
in the United States since 1970
Since 1970, common air pollutants reduced by 70% while U.S.
economy more than tripled.

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Health
Benefits of
Reducing
Air
Pollution
in U.S.

24. International Cooperation Case Study:
Global Alliance to Eliminate Lead Paint
• Global Alliance to Eliminate Lead Paint
• Voluntary public-private partnership to provide drafting and technical assistance
focused on a specific legal tool
• Organized by UNEP and WHO
• Broad participation includes governments, paint industry, NGOs
• Globally, lead paint is a leading source of childhood lead exposure. Lead
exposure impairs cognitive development and has been linked with crime
and violence
• Model Law and Guidance on Regulating Lead Paint
• 5 pages of legal text + 12 pages of guidance
• Backed up by legal support network to help with drafting and implementation
issues.
https://www.unenvironment.org/resources/publication/model-law-
andguidance-regulating-lead-paint

25. Sampling of EPA Trainings/
Knowledge Products
• Public Participation Guide
• Pollutant Disclosure (PRTR) Training
• Pollutant Permitting Systems Training
• Lead Paint Model Law
• Global Methane Initiative
• Principles of Effective Environmental
Enforcement / Inspector Training
• Principles of Environmental Impact
Assessment
• Judicial Training
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26. Resources
EPA: https://www.epa.gov/international-cooperation/resources-international-users
Business case for environmental sustainability
https://environblog.jenner.com/files/the-business-case-for-environmental-sustainability.pdf
https://www.estygroup.com/news/169-the-business-case-for-environmental-sustainability
OECD Guiding Principles of Effective Environmental Permitting Systems
https://www.oecd.org/env/outreach/37311624.pdf
“Foundations of Sustainability,” by Antonio Benjamin and Scott Fulton, Environmental
Forum, Volume 28, Number 6 (2011)
UNEP Governing Council Decision 27/9 on Advancing Governance, Justice, and Law for
Environmental Sustainability (2013)
The EPA At 40: An Historical Perspective by Richard Andrews, Duke Environmental Law &
Policy Forum (Spring 2011).
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