Policy and legislative environment for value addition for agro-based

industrial effluents in Kenya

Maurice Nyunja Otieno

NEMA

Kenya

Bio-innovate Regional Experts Workshop on Industrial Effluents Management in East Africa, Addis Ababa, Ethiopia, 19-20 May 2014

Outline of the presentation

Background information

Methodology

National circumstances

o The constitution

o Vision 2030

o Agro-based growth & development

o Climate change action plan

o Technology

o Capacity

o Lessons from the Case studies

• Legislative & Policy landscape

o Challenges

o Conclusion and Recommendations

A slaughterhouse in Dagoreti-Nairobi

One of the seven slaughter houses at Dagoretti near Nairobi City, this slaughter houses supplies the City with its meat. At least 30 animals are slaughtered from each slaughtered house in a day. NB the flow of blood and offal

A huge bio-digester for methane capture

30,000 m³ of gas is collected every month and used to replace 10,000 m³ of heavy fuel,this save the company kshs 20 million in a month.

Objectives Examine the National circumstances in Kenya related to value

addition for agro-based industrial effluents management

Examine the legislative and policy landscape in Kenya related to value addition for agro-based industrial effluents management

Determine some of the barriers for technological uptake and adoption

Establish whether there is mainstreaming of value addition to agro-based industrial effluent in the policy, plans and projects.

Point out challenges and propose areas for future policy decisions.

Methodology

Reviewed existing literature including legislations and policies of various government agencies in the related sector

Consulted the registry in NEMA for EIA & EA & water quality regulation( license registry)

Conducted Personal Interviews with officers and experts in industrial effluents treatment & waste water quality ,private sector, Industries and the civil society.

Visited selected agro- based industries in various parts of the Country & in particular those with best practices.

National circumstances

The Constitution of the republic of Kenya has elevated ‘ right to healthy and clean environment ‘ into human right article 26

Created a two tier government system with the County and National government assigning each of the governments specific role in the area of Environment management

Pollution control and waste management is County government duty (schedule IV),however development of National policy, legislation ,regulation and National standards is a National government duty.

Vision 2030 ,the National development blue print has flagged out environment management and in particular pollution control & waste management core to its deliverables

cont

National climate response strategy & National climate change action plan goal – to attain a climate resilient development and low emission growth

› this means calls for shift to alternative sources of energy away from fossil fuel based sources and adopting GHG emission reduction technologies and embracing clean development mechanism as stipulated by the UNFCCC.

› Developing NAMAs for registration with UNFCCC

› Carbon credit project s for registration in various market including the Joint credit mechanism , where has Kenya government signed an MOU with the Government of Japan

Agro-based industrial effluents offers an opportunity for a NAMA, the characterization as renewal energy enterprise, GHG emission reduction venture, nutrient yield and water recovery offers the greatest co-benefit

Cont

Growth in agro- based industries in Kenya means continues supply of feedstock for Agro-based Industrial effluent ; Meat and dairy production grew by 5.7% in 2010/11, Canned vegetables fruits and fats grew by 3.1%, sugar and confectionaries dropped by 5.5%, Leather and footwear grew by 4.9%

If there is potential increase in industrial effluents, there is need for equivalent expansion of the ETPs. Or innovating to utilize more of the agrobased industrial effluents.

Energy demand; In the year 2011, the domestic demand for electricity grew by 9% from 5,754.7 million Kilowatts (KW) in 2010 to 6,273.6 KW in Kenya. quantity of petroleum products imported in 2011 expanded by 14.1%

cont

alternative sources of energy ,of which agro-based industrial sources offers great potential, need for research & investment in renewable energy

› For energy production the s cope is available for methane generation and capture and use in cooking ,electricity generation ,gasification of sludge for producing synthesis gas and direct heating of steam to generate heat and electricity production

Commercialisation of bio energy- plenty of feedstock in 6 sectors i.e

› coffee pulp processing, cut flower wastes, tea waste(in instant tea production) sisal production ,sugar production, pineapple solid waste, chicken manure, milk processing and meat processing ,and distillery stillage

Policy & legislative landscape

Agriculture,Energy,Industry,Water and Environment sector were considered as priority sectors for agro-based industrial effluents, they are either producers of agro-based industrial effluent (agriculture& Industry),regulators ( Environment & water) ,beneficiary of value addition (Energy, Industry & Agriculture)

Environment Management and Coordination Act of 1999, now under amendment, The Water Act 2002, The Energy Act 2006,The Public Health Act Cap 242,The Industrial Act 2006, Energy Act 2006,The Local Government Act Cap 265, , The Agriculture Act Cap 318 revised 2002, and the Fisheries Act Cap 378.

Environment Policy (draft),Water Policy 2002,Energy Policy 2006,Industrial Policy, 2006, Agriculture sector strategy 2010/2020

Cont

Water Act 2002( Water rules 2006) & EMCA No 8 of 1999(water quality regulations 2006) are basically regulatory in nature ,emphasizing on compliance with regulation & standards,

› License fee

› Emphases on enforcement & penalty

› Requires end of the pipe discharge meets set standards

› no provision for value addition

› Command and control approach

› Low compliance assistance

no specific reference to agro -based industrial effluents handling, Water Rules refers to effluents in general and do not provide specific mention of providing works or plants which would otherwise be used in methane recovery and biogas, nutrient recovery or recycling of the ETP discharge recovery of water for other uses, and more recently packaging the plant for carbon credit financing within the Clean development mechanism of the UNFCCC.

cont Energy Act 2006,Industrial Act 2006, & agriculture sector strategy

2010/2020 are indeed forward looking with respect to recognizing the potential in value addition of agro- based industrial effluents &

Energy Act 2006: Part V exclusively dedicated to renewable energy, energy efficiency,-

Develop strategies for promotion and development of renewable energy technologies including biomass, biodiesel, bioethanol, charcoal, fuelwood, solar, wind, tidal waves, hydropower, biogas and municipal waste.

providing an enabling framework for efficient sustainable production ,distribution and marketing of renewable sources of Energy. & Promoting Research and development and local capacity ,technological and human.

harness opportunities offered by clean development mechanism ,and do not limit to carbon credits in the compliance market, but those involuntary market and other bilateral platforms,

cont

Industrial Act 2006 & (Industrial Policy 2006)

The Industrial policy has emerged as one of the most forward looking with respect to value addition to the agro-based industrial effluents. And indentified 3 sectors for policy enhancement ;; Water and sewerage sector, cleaner production technology and green production technologies. On Water and sewerage –the act intends to

promote public private sector partnership in provision of water and waste management system, including water recycling and provide incentives for construction and fabrication of effluent treatment plants and solid waste management in industrial areas

› . On cleaner production, the policy intends to promote investment in cleaner production equipment along with other technologies,

› develop a national cleaner production strategy and mainstream the operation of cleaner production center in the state department responsible for industrialization.

› On green energy, the policy intends to promote the manufacture of affordable green energy equipments including solar panels, Windmills, digesters, cookers, refrigerators and micro-hydro generators, promote energy efficiency by facilitating investment in energy saving technologies

cont Agriculture Act Cap 318 ( agriculture sector strategy 2010/2020

Agriculture sector strategy has captured the aspect of agro-based industrial effluent well ,

it recognizes the agro-based industrial effluents as priority policy concern in order to enhance value addition to agro-based effluents , the sector has identified the following areas for policy concern› Inadequate research and development in the area of utilization of

agricultural waste› Week or no policy on agro-based industrial effluents› Low support to agro-based industries in the area of value addition and

advances in the areas of sustainability and waste minimization including cleaner production

 

 

 

cont

The following measures have been proposed in the agricultural sector strategy 2010-2020 as possible areas of future policy focus and decision.

› Mainstreaming agro-based Industrial effluent management in government policies and plans

› Enhance Research and development

Institute measures of making Value addition to the agro-based industrial effluent management affordable

› Initiate a network of network of Key players in the sector in order to start dialoguing and exchange of expertise and experience.

Cont

EIA & EA regulation 200

› Environmental Impact Assessment (EIA) was one of the pioneer regulation (gazette notice 101) gazetted by NEMA in the year 2003

› aim of the regulation was to streamline environmental concerns into development at planning stage

› From the database t is worth noting there is increase in application of agro-based related established and the need to mainstream value addition in agro-based ETP at EIA approval stage.

Environment Audit

The Authority receives initial environment and self audit reports from operators of different enterprises elaborating regularly on how the Environmental Management plan or system is being implemented

All the key agrobased facilities are logged in the NEMA database, the reference number for the EA is harmonized for all legislation

The review process would help mainstream requirement for value addition on agro-based industrial effluents management systems in the improvement orders.

› Currently the Audit process do not require provision for any innovation as part of the specification of audit improvement orders,

› EA provides one of the best opportunities for making those provision a requirements for the Agrobased industrial effluent treatment plants, this would help mainstreaming

Water Quality Regulation 2006

› Water quality Regulation was gazetted under Environment Management Coordination Act No 8 of 1999 and aims at regulating the discharge of effluent into the environment.

› Regulation has procedures and standards of discharges, procedures of application and licensing.

› the Authority issues Effluent Discharge License (EDL).This regulation is significant in controlling discharges into the water

1.Stillage from the plant 2.Biogas digester & methane capture membrane3.Pump taking gas to the boiler

1

2

2

3

1. Feedstock area of the biogas plant

2. 2.hydrolisis(digester)

3. 3.gasbag4. 4.gasbag house5. Generator for

electricity &cooker

1 2

3

4

5

Lessons learnt from the facilities in Kenya.

Facility 1 Agrochemical food company- starting with a BOD of 80,000cm³ bringing it to 5,000 cm³ still beyond standard

An internal to monitor the level of effluents at all stategy

Company saving ksh 20 million per month

Sludge not utilized – water not recovered because of the stubborn brown colour of caramel

Technology imported

Facility 2-slaughter house

Sludge collected by farmers

Supply of gas and electricity 1 km surrounding

Collaboration-Research Institute, state actors & multilateral organizations

Generator brought from Germany

Informal management/incentivise use of sludge.

Challenges for technology uptake

Old legislations and policies that require review in order to capture the technology & innovation related to value addition for agro- based industrial effluents

Concept of compliance assistance lacks in the legislation ,the only way value addition to the sector can be mainstreamed in the pollution control laws

Low capital investment in compliance assistance, promotion of technology and innovation ,skill development and equipment

Regulatory agencies approach to compliance and enforcement is mainly ‘Command and control’, the incentive based approach to compliance promotion is hardly employed

technology transfer and innovation uptake is low the reason could be because the green technology & technology switch is too expensive.

cont

several sectoral laws cover the Agro-based industrial effluents responsibilities to the respective lead agencies. This calls for harmonization.

Double licensing is an issue as the regulated constituency reports ,that alongside NEMA discharge license they are required to buy permits from WARMA

Continued charges to those with good practices an have met the standards, as they continue to pay for the discharge license, they become demotivated

numerous technologies been marketed by private companies, including those on value addition, there is need to develop a framework for verification and advise

cont

The regulators are not paying attention to the opportunity on co-benefits such as methane capture, GHG removal, electricity generation, sludge recovery and formulation into biofertiliser, heat recovery, and water recycling these are hardly noticed and encouraged

Companies have unique and exceptional difficulties that may require unique understanding and handling for example the tea and sugar industry is experiencing a unique difficulty in dealing with effluents colour, and very high BODs for example the AFCL BOD at intake of the ETP is 80,000 cm³.

The linkage between the private sector manning ETPs with the research institutions and Universities is not particularly strong,

There is low capital availability for investment in value addition technologies. Since some of the value additions are capable of creating new business opportunities,

cont

Most of the technology exist offshore and therefore have to be imported. Those that are available locally require publicizing.

The private sector where rudimentary technology seems to exist lacks internal communication and exchange of experience and expertise

Currently there is no clear information on innovators and those involved in marketing of these technologies

Low publication of opportunity for co-benefits such as methane capture, GHG removal, electricity generation, sludge recovery and formulation into biofertiliser, heat recovery, and water recycling.

Conclusion & recommendation

Policy environment in Kenya is favorable ,Vision 2030, has identified environment as key component of the social pillar, waste management has been isolated as a flagship

Kenya is a middle income economy with a number of agro-based Industries, that continues to generate large volumes of agro-based industrial effluents

Some attempts and good practices are available in Kenya ,some facilities have attempted value addition in effluent treatment through, nutrient recovery, and methane extraction and emission reduction

Value addition for Agro-based industrial effluent technologies is not popularly adopted. In order to create enabling environment for technology transfer

NEMA database on Water quality and EIA/EA licensing yielded a total of 1789 registrations of which approximately 300 could be classified as agro-based

Constitution of Kenya recently enacted has necessitated the review of legislations, Policies and plans to be in line This provides opportunity for mainstreaming agro-based effluent management issues in the laws and policies.

In climate change mitigation, the National climate change action plan has identified renewal energy sector, smart agriculture.

Developing Agro-based Industrial effluent management as a NAMA provides an opportunity for developing the sector.

The characterization as renewal energy enterprise, GHG emission reduction venture, agro- based effluent management can be promoted for carbon credit finance in the JCM platform

Some entities that have made significant progress in this area, are the sugar Industry. Biomass waste of sugar agro-processes

Cont

Trial at one of the slaughterhouse in Kenya have shown promising results for biogas use for cooking, lighting and production of electricity.

Commercial biogas potential from agro-based waste exist in six major agro processing areas namely, coffee pulp processing, cut flower wastes, tea waste(in instant and sugar processing

some of the barriers for biogas technology uptake has been documented as; high cost of installation, high failure rate, inadequate post installation support, poor management and maintenance, inadequate technology, scarce and fragmented promotional activities