Thailand’s Clean Air Act Stalls Amid Severe Pollution Crisis

Bangkok: Amidst the critical PM2.5 air pollution crisis blanketing northern Thailand, particularly in Mae Hong Son province where levels reached a record high of 1,300 micrograms per cubic meter-a figure exceeding any previously recorded limit-residents suffering from nosebleeds, rashes, and long-term health risks are calling for an effective structural solution: a Clean Air Act.

According to Thai News Agency, Mr. Weerasak Kosurat, Chairman of the Bangkok Breath Council, compared the legislative process of this bill to taking "seven raw materials" (from seven drafts) and re-cooking them until it passed the House of Representatives by almost unanimous vote. However, while the Senate was considering the bill section by section and had passed more than two-thirds, it was "dissolved," leaving the bill in a state like "a child falling off the operating table."

Under the 2017 Constitution, pending bills are suspended. However, the new government has 60 days from the first parliamentary session to request the Speaker of Parliament to reinstate the dropped bills and resume consideration from where they left off, without starting the process from scratch. This is a crucial period during which the government must make a decision before this window of opportunity closes.

Currently, Thailand "borrows" other laws to manage air pollution, such as the Disaster Prevention and Mitigation Act or the Public Health Act, which are general laws used to deal with all types of disasters, from floods to epidemics. However, the Clean Air Act would be a more specific and powerful tool with features like Transboundary Dust Management, which emulates Singapore's model, and the establishment of air quality management committees based on geographical zones.

The proposed law would impose legal responsibility on relevant agencies to create and follow a plan, with failure to do so considered an offense under Section 157, which is not clearly defined in current law. Mr. Weerasak suggested the 1-8-3 formula as a solution, involving immediate analysis of weaknesses post-dust season, accelerated preparations during the rainy season, and effective management during the dust season to reduce atmospheric dust.

Additionally, a draft PRTR Act was proposed to require the government to report and disclose information on hazardous substances in factories or warehouses to the public for community safety. At the PM 2.5 National Forum last January, representatives from major political parties promised to "revive" this bill. Now that a new government has taken office, the hopes of people in northern Thailand rest on the swift submission of a letter to the Speaker of Parliament to bring the Clean Air Act back and ensure its enactment as a tool to protect the air quality of Thai people before next year.