A. Problem Analysis

 1. What was the problem before the implementation of the initiative?
As Malaysia moves towards the targeted goal to be a developed country by the year 2020, the number of pollution sources especially the industries that are subjected to the Environmental Quality Act (EQA) 1974 is increasing with the industrial processes and substances used in this processes becoming more complex. Based on the studies conducted by the Department, point source pollution only accounts for about 20% of the river pollution. Hence leaving more room to enhance & beef up pollution control from the non-point sources (NPS). There are currently about 50,000 registered sources (namely industries) that fall under the Department’s jurisdiction with a minimal strength of about 1,100 enforcement personnel throughout the country. In the existing (traditional) approach, enforcements efforts rely heavily on the enforcement officers to conduct compliance inspections and guide / facilitate industries towards achieving full compliance. And many provisions or measures in the EQA 1974 were curative and remedial in nature and adopt the traditional enforcement method that is based on command and control approach. Among the constraints faced by the Department are: (i) It is time consuming especially for inspection to be done in isolated premises that needs long travelling distance and time; (ii) with the limited resources (finance & manpower), inspection on an individual industry are infrequent and insufficient; (iii) this results in “snap shot information” on industry’s compliance status but miss out the status on a long term basis; (iv) overlapping enforcement jurisdiction particularly on the scope of local authority in controlling pollutions from NPS. With increasing public concern over negative impact on the environment from industries and the increase number of incidents of the temporarily shut down of operations of the drinking water treatment plants that disrupt water supply to the consumers, DOE will need to ensure that all premises that subjected to the EQA 1974 comply with all requirements. All pollution cases need to be investigated in efficient and timely manner and the polluters need to be identified and stringent enforcement action need to be taken to ensure that the incident would not re-occur.

B. Strategic Approach

 2. What was the solution?
In our effort to enhance the effectiveness of enforcement conducted, DOE have reexamine its objectives, strategies and plan of actions to ensure we are current, forward looking, effective, efficient and able to meet the demands of the time and public. Among the initiatives introduced for enhancement of effective enforcement includes: (i) Self regulatory approach (ii) Applications of enhanced technology (iii) Application of management & Information Technology (IT) tools (e.g. CEMS, MDMR, ECN) The self regulatory approach has been consulted with the Environmental Quality Council (EQC) who then advice the Minister of Natural Resources and Environment on the practicality of taking such approach to fulfill the needs of environmental protection with the current limited resources. “Self regulation” is introduced as a preferred approach to the control of environmental pollution. Self regulation translate the requirements into several regulatory provisions such as the provisions on notification, competent person, performance monitoring, training, monthly discharge monitoring report (MDMR) submission, record keeping, etc. These same approaches are now used in the formulating the upcoming new and newly revised regulations. The advantages of self regulation initiatives implemented includes: (i) lowering the cost of on the ground enforcement to the government; (ii) self regulation approach develops internal commitment and skills in the industrial sector, hence regulatory compliance is self ensured. (iii) self regulation leads towards increased compliance which in turn improves industries’ image resulting in better access of our products to the international markets. The introduction of more stringent standards as well as new parameter of pollutants in the allowable discharges standards will automatically force the industries to apply new enhanced technology in the effluent treatment as well as in the processes to successfully meet the new requirements or facing risks of stringent enforcement actions by the department. As for DOE, environmental forensics is a new form of study which enables DOE to trace the environmental culprits. Pollution sources survey and complete spatial database of both pollution sources either subjected or not to the EQA 1974 will enable DOE to trace the potential polluters whenever there is any pollution incident. With the help of information technology, a database of scheduled waste generated, stored and disposed by the premises can be regularly checked and potential illegal disposal of scheduled waste can be identified by using the system (Electronic Consignment Note (ECN)). Information Technology (IT) tools have also been introduced in the application of Continuous Emission Monitoring System (CEMS) in eight types of industries which includes palm oil mill, heat & power generation plant, iron & steel mills, waste incineration plant, non-metallic industry, chemical industries and oil and gas industry. Special modules have also been developed for submission of MDMR and E-Consignment Note (ECN) in the existing Electronic Environmental Pollution Control (E-KAS) system where it is monitored by the officers in the States Offices as well as officers in the Enforcement Division in the Headquarters.

 3. How did the initiative solve the problem and improve people’s lives?
Performance monitoring is considered unique initiative in the sense that it is an upstream activity, ingredients and processes focused that will gives an early warning information about the performance of the unit processes or unit operations of the components of the waste water treatments system, compared to the previous approach i.e compliance monitoring, which is a downstream activity, product and result focused that will give “too late” information, the performance monitoring enable the operator to be in control of the processes in the treatment system. It address the compliance problem in a new way as conducting performance monitoring will benefit and ensures the following: (i) ensures that the industrial effluent treatment system (IETS) components are in optimum operation at all times (ii) helps prevent IETS failure, hence avoid costly IETS recovery work (iii) helps to maintain continued compliance, hence improving corporate image and avoid embarrassing enforcement action (iv) maintains record of IETS performance which facilitates optimization of IETS and analysis of performance. The creative and innovative approaches that allowed for its success includes: (i) the formulation of guidance documents to guide the industries as well as the officers in developing the IETS and conducting performance monitoring. (ii) certification courses for competent person requirement conducted for both industries and DOE officers (iii) monitoring special parameters via rapid testing & analysis to determine the performance of each unit processes and unit operations in the treatment system (iv) support from DOE IT division in developing special module for online reporting

C. Execution and Implementation

 4. In which ways is the initiative creative and innovative?
Main activities for the enhancement of effective enforcement by DOE includes the following: i) Development of new regulations with new approaches. ii) Develop Guidance Document on Continuous Professional Development. • Guidance Document for on the Design & Operation of Industrial Effluent Treatment Systems • Guidance Document on Performance Monitoring of Industrial Effluent Treatment Systems • Technical Guidance on Industrial Effluent Characterization Study • Technical Guidance on Performance Monitoring of Industrial Effluent Treatment System • Technical Guidance on Compliance Inspection of Industrial Effluent Treatment System • Technical Guidance on Understanding Color and Its removal from Textile Effluents • Technical Guidance on Performance Monitoring of Air Pollution Control Equipment iii) Conducting consultation (including public engagement), educational seminar and training, related to the newly formulated regulations iv) Development of training module for certification scheme of operators for the operation of IETS, Air Pollution Control & schedule wastes managers v) Development of training module for certification scheme of DOE officers for inspection of IETS, Air Pollution Control & schedule wastes managers vi) Guidelines For The Installation & Maintenance Of Continuous Emission Monitoring Systems (CEMS) For Industrial Premises / Facilities vii) Guidelines For The Continuous Emission Monitoring Systems (CEMS) – Data Interface System (CEMS-DIS) For Industrial Premises / Facilities

 5. Who implemented the initiative and what is the size of the population affected by this initiative?
The stakeholders involved were as follows: i. Top management of the DOE ii. Enforcement Division, DOE Headquarter whom is responsible for monitoring the enforcement inspections & premises compliance towards the requirement of the Environmental Quality Act 1974. iii. DOE officers who conduct inspections/enforcements in the State Offices iv. Industries that is subjected to the requirement of EQA 1974 and its regulations. v. Laboratory that conduct testing and analysis of industrial effluent samples vi. Environmental Consultants vii. Professional Engineers that develop and ensure the performance of the pollution control system viii. DOE Environmental Training Center (Environmental Institute of Malaysia (EiMAS) ) that conduct certification courses for industries & DOE officers. ix. Non-governmental organization x. The general public during public engagement session
 6. How was the strategy implemented and what resources were mobilized?
The enforcement activity is one of the core activities of DOE as an enforcement agency that task for pollution prevention and control. The enforcement is conducted by our own officers throughout the country. The enforcement programmes initiated with the operational budget from the Government of Malaysia that is allocated yearly to all States offices and branches. The given budget will depend on the number of pollution sources as well as the specific programmes undertaken at state levels. While the development of guidance documents, training as well as the improvement made to the existing database was implemented by the respective divisions from both development and operational budget of DOE.

 7. Who were the stakeholders involved in the design of the initiative and in its implementation?
(i) Commitment from the top management to improve the implementation of the newly enhanced initiative for effective enforcement strategies • With a limited number of resources compared to the huge number of pollution sources, DOE will have to look at the current practices and think outside the box for further improvement and better solution for pollution prevention and control. • Shifting the responsibility for pollution control to the industries via self regulation approach is the new approach taken by the Department in formulating new regulations for pollution control. (ii) DOE keen initiatives to continuously improve public service delivery system • DOE is seriously looking into various aspects of improvements to further improve our delivery system by continuously reviewing the existing regulations, guidelines and standard operating procedure. (iii) Competent and committed with high integrity enforcement officers to carry out the tasks in both States Offices and in the Headquarters • Enforcement officers are consistently instructed and reminded to always follow the standard operating procedures that have been developed, the safety procedures as well as code of ethics. • Continuous capacity building for the enforcement officers were taken to enhance the competency of the enforcement skills and identified subject matter expert for the department. (iv) Facilities to conduct proper training and certification courses for both industrial operators and DOE officers • DOE’s environmental training center (EiMAS) is equipped with facilities needed for conducting certification courses including laboratory for effluent analysis, air pollution center for air pollution control equipment inspection and performance monitoring training, etc. (v) Financial support to run necessary activities • Allocation was made available yearly either through our operational budget for enforcement purposes and development budget for development of guidance documents and trainings. • For certification courses, it is mostly self-sustained as the allocation was from the fees paid by the participants (industries).

 8. What were the most successful outputs and why was the initiative effective?
Progress of the submission of MDMR and installation of CEMS were put in as one of the Key Performance Indicators (KPI) of the Department in the • Rancangan Kerja Tahunan NRE (Yearly Work Planned for the Ministry of Natural Resources and the Environment) and reported twice a year • Monitored & reported every two months in the Enforcement Division • Reported in the Meeting of DOE Directors (3 times a year) • Reported in the Enforcement Coordination Meeting (2 times a year) • Report submission by the State Offices’ KPI every three months It is also reported as the KPIs of the DG of Environment, the Secretary General of NRE and the Deputy Minister and Minister of NRE where the success of the enforcement taken is monitored. This will form as a check and balance that enables DOE to review the successful implementation of the initiatives and taken necessary action for further improvement.

 9. What were the main obstacles encountered and how were they overcome?
No. Items Problems encountered Cause How to overcome 1 MDMR The achievement progress was quite low The submission was based on the overall (total) number of premises The submission was adjusted to be just based on the number of premises that are required to submit MDMR 2 MDMR Difficulties in registration of the sewage treatment plant (STP) by the Indah Water Konsortium (IWK) Several STPs monitored by zoning by the same operator (IWK) Propose that each registered premise need to have different identification number for each STPs. 3. ECN The achievement progress was quite low The huge number of small workshop that do not register in ECN for reporting Awareness and education programme need to be strengthened. 4. CEMS Difficulties of data transfer in CEMS No internet coverage in remote areas Proposed premises to use satellite 5. Performance Monitoring Not fully implemented by the industries Difficulties understanding the need of performance monitoring Education programmes & dialogues

D. Impact and Sustainability

 10. What were the key benefits resulting from this initiative?
a) The overall compliance towards the requirement of the EQA 1974 has achieved the targeted compliance. b) With the implementation of self regulation approach, the existing resources can be channeled to more problematic cases and premises is guided towards achieving compliance before officers turn into other problematic premises. c) With the self-guided technical guidance documents being published to guide the industries, DOE can also focus into facilitating the industries as well as providing advisory services for pollution control, resulting in better communication and understanding.

 11. Did the initiative improve integrity and/or accountability in public service? (If applicable)
The overall enforcement related initiative is sustained by embedding it in our current system. It is currently monitored by the Enforcement Division of Department of Environment with some part of it monitored by the Toxic & Hazardous Wastes Division (ECN) and EiMAS (for certification training courses). The implementation is monitored through regular meeting and reporting to the Director General of Environment. As for the financial part, basically no additional administrative cost needed for enforcement purposes except for development of the needed standard operating procedures for officers. Related trainings such as the certification courses is managed by EIMAS and the cost of training for industrial operators is fully sustained through collection of training fees, and no external/ government fund is required except for the training of DOE officers. These self-regulatory initiatives have long been used by the developed countries and the experience of Malaysia has also been used as reference by other developing countries especially on pollution control from sewage discharges. Among the visits received by DOE were delegations from the World Bank that in charged of developing sewerage system for the developing countries, delegation from South Africa and delegation from the UAE.

 12. Were special measures put in place to ensure that the initiative benefits women and girls and improves the situation of the poorest and most vulnerable? (If applicable)
Currently, as limited allocation given to the department, not enough monitoring equipment were supplied to the State Offices and the branches and only limited number of enforcement officers can be appointed to conduct enforcement on pollution sources throughout the country. With the limited resources and the increasing number of pollution sources that need to be tackled, different approach need to be adopted for pollution control. Self-regulation and various sophisticated information technology need to be utilized for an effective enforcement and for DOE to be more relevant in the future. DOE will also need to be more advance or at par with the industries for us to be able to prevent and control environmental pollution successfully and effectively. DOE will need to shift more responsibilities to the industries to self-regulate and self-demonstrate their compliance. This will promote a culture of ownership to the pollution control, pride of environmental performance as well as mainstreaming IETS performance into the day to day industry’s management procedure.

Contact Information

Institution Type:   Government Agency  
Contact Person:   ISMAIL ITHNIN
Title:   Mr.  
Telephone/ Fax:   +603-8871 2100 / Fax: +603-8889 1036
Institution's / Project's Website:  
E-mail:   ii@doe.gov.my  
Postal Code:   64574
City:   Putrajaya
State/Province:   PUTRAJAYA

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