Almost two years ago, it was reported that Thailand had been developing a new mechanism to control air pollution: the Clean Air Act. This is an integration of five draft air pollution control regulations proposed by political parties and public organizations in response to severe PM2.5 pollution. There is still no effective legislation in Thailand to regulate air pollutant emissions. Since then, the Special Committee on the Consideration of the Draft Clean Air Management Act, B.E. …. (year to be assigned upon enactment) was set up under the parliament and has been keep working continuously since then.

Leaflets advertising public hearing of the draft Clean Air Act.

The final product from this committee¾the draft Clean Air Act ¾ was distributed for final public hearing on the committee’s website between July 30 and August 8, 2025. The underlying philosophy of this draft regulation aims to address air pollution as a structural problem rather than through ad hoc, event-based responses. It is envisioned as a holistic, full-cycle management system covering upstream, midstream, and downstream aspects, emphasizing a systemic and integrated approach.

 

Core Principles of the Draft Regulation

The draft Act is built upon several foundational principles that propose a significant shift in Thailand’s environmental governance:

1. Human Rights and the Right to Clean Air:

The draft explicitly establishes a right to clean air as a fundamental human right, a subset of environmental human rights recognized by the UN. This right is intertwined with the rights to a good environment, health, and life, ensuring individuals should not suffer premature death or negative impacts on their livelihoods due to air pollution. This also means that environmental dimensions should not be separated from health dimensions.

2. Integration and Collaboration:

The regulation emphasizes the necessity of integration across various government agencies, the private sector, and civil society. The previous “silo” structure between government entities and non-governmental actors has been identified as a systemic problem that needs to be overcome. The goal is to move towards a unified effort in preventing and solving air pollution issues.

3. Decentralization and Public Participation:

The draft seeks to elevate and empower decentralization and public participation. It grants individuals, communities the right to access crucial information, monitor air quality, protect themselves, and participate actively in the formulation, implementation, and oversight of clean air policies and plans. This includes extensive public consultation and voting on government actions that may severely impact air quality.

4. “Carrot and Stick” Approach:

The draft moves beyond solely punitive measures, incorporating both “stick” (penalties) and “carrot” (incentives). It recognizes that strict penalties alone are insufficient for effective environmental management. Therefore, it includes economic measures and a dedicated fund to incentivize desirable behaviors and discourage polluting activities.

5. Sector-Specific Measures:

Instead of a one-size-fits-all solution, the draft acknowledges that different sectors (e.g., urban, industrial, transport) require tailored solutions. While general tools apply across all sectors, specific measures are developed to address the unique contexts and complexities of each pollution source.

 

Key Elements of the Draft Regulation

This draft Act proposes a multi-faceted approach to clean air management, structured around rights, governance, tools, sector-specific measures, crisis response, economic instruments, a dedicated fund, and liability.

1. Rights and Duties (Chapter 1)

  • Public Rights:
  • Right to Clean Air for Health: This includes the right to air that does not harm health, lead to premature death, or affect one’s profession.
  • Protection for Vulnerable Groups: Children, pregnant women, the elderly, chronic patients, and outdoor workers are specifically identified as vulnerable groups. They are granted the right to appropriate health checks, monitoring, and free medical treatment for health issues arising from air pollution, provided bygovernment or standard medical facilities.
  • Access to Information and Participation: The public has the right to access current and understandable information on air quality, pollution sources, and impacts. They also have the right to participate in policy-making, planning, implementation, and monitoring of clean air initiatives¾especially for actions with severe impacts, where their opinion and vote must be considered before approval.
  • Environmental Justice: This encompasses the right to file constitutional, civil, criminal, and administrative cases, claim compensation, and seek temporary protective orders from courts in urgent situations. Civil society organizations are empowered to file class action lawsuits.
  • State Duties: The state is mandated to respect, protect, and ensure the realization of the right to clean air, adhering to good governance and sustainable development principles. Key duties include:
  • Developing and integrating a national clean air management system.
  • Collecting, analyzing, and disseminating timely, accessible air quality and health impact data, especially for vulnerable groups.
  • Supporting public participation in policy, planning, and oversight.
  • Responding promptly to public complaints and providing legal assistance to good-faith complainants against SLAPP lawsuits.
  • Public Duties: Individuals, communities, and the public have a duty not to cause air pollution that disproportionately affects others and to support state efforts in clean air management.

2. Governance Structure (Chapter 2)

  • The draft Act establishes a multi-tiered governance structure with five main committees and supporting bodies:
    1. Clean Air Policy Committee (CAPC): Chaired by the Prime Minister, this is the highest policy-making body, comprising relevant ministers, up to 15 experts, and representatives from civil society, the private sector, and academia. Its functions include setting national policies and strategic goals, determining economic instruments, allocating budgets, proposing legal amendments, and fostering international cooperation.
    2. Clean Air Oversight Committee (CAOC): Consisting of seven experts appointed by the Minister, this committee monitors, evaluates, and provides recommendations on the implementation of policies and strategic goals to government agencies and other relevant committees.
    3. Clean Air Technical Committee (CATC): Composed of nine experts in environmental science, engineering, economics, and health, this committee proposes national health and local public welfare air quality standards, air quality indices (AQI and AQHI), emission standards, and air pollution carrying capacity criteria.
    4. Economic Instruments and Measures Committee (CEIMC): Including representatives from customs, excise, and revenue departments, and economic experts, this committee proposes economic tools such as clean air fees, emission trading principles, deposit-refund systems, and subsidies. It also assesses pollution damages.
    5. Provincial Clean Air Committees (PCACs) / Bangkok Clean Air Committee (BCAC): These local committees are responsible for implementing national policies at the provincial and Bangkok Metropolitan Administration levels. Their duties include classifying air quality areas, developing local action plans, declaring watch zones and pollution impact zones, enforcing regulations, and promoting public participation. Provincial governors oversee PCACs and may intervene if committees fail to act.
  • Clean Air Management Office (CAMO): Serves as the secretariat for the central committees. Its responsibilities include providing policy recommendations, evaluating and commenting on action plans, coordinating with various agencies, and establishing a public consultation system to prevent pollution and ensure effective implementation.
  • Clean Air Officers (CAOs) and Assistant Clean Air Officers: CAOs have broad powers to inspect, investigate, seize evidence, and issue temporary or permanent cessation orders for polluting activities or vehicles. Assistant CAOs, appointed by CAMO or local governments, assist in monitoring and reporting, empowering citizen involvement.

3. Tools and Mechanisms (Chapter 3)

The draft Act introduces several key tools and mechanisms for managing air quality:

  • Air Quality Standards: Two types are defined: National Clean Air Quality Standards for Health (for public health protection, considering short- and long-term impacts, based on scientific evidence) and Local Clean Air Quality Standards for Public Welfare (considering impacts on natural resources, the economy, the environment, and specific local vulnerabilities).
  • Air Quality Index (AQI) and Health Air Quality Index (AQHI): Numerical values or criteria for communicating air quality levels and health risks to the public, respectively.
  • Emission Standards: Criteria for controlling pollutant emitted from sources, which can be concentration-based, rate-based, or operational guidelines. Provincial committees may set stricter or additional standards based on local needs.
  • Big Data Management System: A comprehensive, interconnected database for air quality management, integrating data from within and outside the country. This includes air quality status, forecasts, pollution sources, emission inventories, health impacts, violations, and pollution control technologies. Public input for data is encouraged.
  • Monitoring and Alert Systems: CAMO develops air quality monitoring and alert systems, while the Ministry of Public Health develops health impact monitoring and alert systems. These systems use data from various sources, including government, academic, private, and citizen monitoring (Citizen Monitor and Citizen Watchdog concepts).
  • Air Quality Area Classification: Areas are categorized as “passing” (meeting standards) or “failing” (not meeting standards) based on pollutant concentrations, frequency of exceedance, trends, health impacts, and geographical/meteorological factors. This classification guides management strategies.
  • Strategic Goals and Action Plans: CAMO proposes national strategic goals for pollution prevention and control. PCACs then develop provincial action plans aligned with these goals and local air quality classifications, incorporating public participation and considering specific local characteristics and vulnerable groups.
  • Pollution Carrying Capacity and Emission Limits: The carrying capacity of an area for pollutants is used to control significant pollution sources, especially in non-compliant areas, by setting specific emission limits for businesses and projects. New projects in non-compliant areas must obtain emission permit from existing sources.
  • Source Monitoring Requirements: PCACs may require existing or new pollution sources to install or upgrade continuous monitoring systems, with data publicly accessible to enable citizen oversight.
  • Budget Allocation: The Act mandates integrated budget allocation from various government sources to support clean air initiatives at all levels, particularly for watch zones and pollution impact zones.

4. Prevention and Control of Pollution from Specific Sources (Chapter 4)

The draft Act addresses pollution from six key sectors:

  • Industrial Sector: Focuses on clean production technologies, setting emission standards (which may be stricter at the provincial level), requiring emission reporting and resgistration in the Pollutant Release and Transfer Registries (PRTR), and promoting voluntary agreements with industries for improved technology. Economic instruments such as clean air fees and emission trading are introduced as supplementary measures.
  • Transport Sector: Aims to control mobile sources by establishing a comprehensive database of vehicles and emissions, promoting low-emission and clean energy vehicles, setting vehicle lifespan limits, and enhancing public transport. It also allows for the designation of urban low-emission zones and requires reporting from ships entering Thai waters. Economic incentives such as taxes, fees, and subsidies are key.
  • Forestry Sector: Emphasizes the use of geographic information systems (GIS) and emission inventories to manage forest-related burning. It mandates forest management plans that include fire prevention, fuel management, sustainable resource utilization, and community participation in forest protection and restoration. Economic incentives like payments for ecosystem services are proposed.
  • Agriculture Sector: Focuses on managing burning in agricultural areas. It requires GIS and emission inventories for agricultural plots, promotes agricultural restructuring towards no-burn practices, certification of burn-free produce, and traceability systems for agricultural products. It prohibits the purchase of agricultural products from unauthorized burning. Economic measures are designed to incentivize these changes.
  • Urban Sector: Aims for the development of “Clean Air Cities for Good Health.” It integrates clean air considerations into urban planning and design, promotes non-polluting public transport, clean energy use in buildings, green spaces, and controls pollution from construction and demolition activities. It emphasizes public participation in urban clean air management. Economic incentives are also provided for these urban initiatives.
  • Transboundary Pollution: Recognizes the cross-border nature of air pollution. It mandates integrated management and international cooperation, including negotiation, diplomatic relations, and agreements. It includes measures for controlling the import and export of products linked to transboundary pollution and establishes liability for foreign entities causing pollution in Thailand. Supply chain due diligence is required for businesses involved in products that might cause transboundary pollution. Economic instruments are utilized to encourage improvements in production and supply chain practices to mitigate transboundary pollution.

5. Crisis Management (Chapter 5)

The Act provides mechanisms for managing air quality crises:

  • Watch Zones: Designated when air quality in an area does not meet national health standards and shows a trend towards pollution. Local authorities may issue orders to control, reduce, or halt activities causing pollution.
  • Pollution Impact Zones: Declared when air quality in an area consistently exceeds national health standards, poses a hazard to living organisms, continuously impacts public health, and is not adequately addressed by existing plans. A comprehensive action plan to reduce and eliminate pollution must be submitted within 60 days. The plan shall include strict enforcement, resource allocation for remediation, provision of health services, and establishment of safe zones for residents. Local authorities have powers to order cessation or closure of polluting activities.

6. Economic Instruments (Chapter 6)

These tools are designed to create market incentives and modify behavior to reduce pollution:

  • Clean Air Taxes: Involves coordinating with tax collection agencies (revenue, excise, customs) to adjust taxes (increase, decrease, or exempt) on products or services linked to air pollution, in order to achieve clean air goals.
  • Clean Air Fees: Fees are collected from producers, importers, or businesses of certain products (e.g., fossil fuels, polluting vehicles, industrial machinery, agricultural products linked to burning, chemicals) and activities (e.g., energy, mining, burning, construction and demolition) that cause air pollution. The fees are determined based on the quantity and toxicity of pollutants, the environmental situation, and the impact on consumer choices. These revenues are channeled into the Clean Air Fund.
  • Emission Trading System: For areas with severe pollution or those exceeding carrying capacity, a “cap-and-trade” system may be implemented. It sets a total allowable emission quantity, allocates emission permits to regulated entities (either free or via auction), and allows businesses to buy, sell, or transfer these permits. A central registry manages these transactions.
  • Pollution Liability Assurance: Businesses that pose a high pollution risk must provide financial assurance (e.g., bond, insurance) prior to This fund is used for remediation and compensation in case of pollution incidents.
  • Deposit-Refund System: A temporary fee is collected from producers or consumers of products that pose a high risk (e.g., those prone to open burning after use). The fee is refunded when the product or its remnants are returned for proper disposal or recycling, encouraging responsible management.
  • Subsidies and Incentives: Financial assistance (grants, low-interest loans), fee reductions or exemptions, and tax benefits are offered to individuals, businesses, and communities engaged in clean air activities, adopting pollution-reducing technologies, or transitioning to clean practices.

7. Clean Air Fund (Chapter 6/1)

  • Purpose: Established as a legal entity within CAMO, its primary goal is to promote and support clean air management by leveraging economic instruments, fostering behavioral change, preventing pollution at its source, alleviating suffering, and providing legal assistance.
  • Funding Sources: Includes initial government allocation, clean air fees, other economic instrument revenues, penalties, litigation compensation, and donations from domestic and international entities. These funds are explicitly exempt from being remitted to the state treasury.
  • Uses: The fund may be used to support economic instruments, public and private clean air initiatives, public awareness campaigns, community empowerment, research, international cooperation, emergency response, low-interest loans for green projects, legal aid for victims and defenders of clean air, initial compensation for vulnerable groups, and operational costs. It is designed to be independent and transparent, avoiding political interference.

8. Civil Liability (Chapter 8)

The draft Act strongly embodies the “polluter pays” principle.

  • Strict Liability: Any person causing or being the source of air pollution that harms life, body, health, freedom, property, or rights of others (including the state) is liable for compensation and environmental restoration, regardless of intent or negligence. Exceptions are limited to unforeseeable natural events, actions of the harmed party, or actions of third parties.
  • Damage to Public Resources: Causing air pollution that damages state-owned natural resources, public property, or biodiversity, or that causes economic or social harm, incurs liability for compensation and restoration. This includes all costs incurred by the state or community for prevention, treatment, remediation, and restoration.
  • Transboundary Pollution: Those causing or contributing to transboundary air pollution that harms Thailand are liable for compensation and restoration, even if located outside Thailand. Scientific and meteorological data may be used to establish causation.
  • Liability of Financial Institutions: Financial institutions providing loans, financial support, or advisory services to regulated entities operating in “failing air quality areas” (as defined by PCACs) share liability, limited to the amount of their financial benefit. They can be exempt if they demonstrate a robust risk assessment system that considers air pollution risks and including consistent monitoring.
  • Pre-Litigation Settlement: CAMO may offer responsible parties the option to voluntarily pay compensation to expedite victim relief and environmental restoration.
  • Burden of Proof and Punitive Damages: The burden of proof for victims is eased, requiring them only to show that the damage might have resulted from the action of the alleged responsible party. Courts may impose punitive damages up to four times the actual damages in cases of unlawful acts or severe impacts.

9. Criminal and Administrative Penalties (Chapters 9 & 10)

The draft Act introduces both criminal and administrative penalties to enforce compliance:

  • Criminal Penalties: Imprisonment and/or fines are imposed for serious violations, such as submitting false or distorted data, exceeding emission standards (with higher penalties for non-compliance with orders or in non-compliant or impact zones), and obstructing clean air officers. Penalties also apply to transboundary responsible entities and those who spread false information to damage reputations.
  • Administrative Penalties (P-in-Phinai): These are less severe fines for infractions such as failing to submit required data and reports, not installing or maintaining pollution control systems, unauthorized open burning, accepting agricultural products from unauthorized burning, and failing to maintain traceability data. Fines collected from these administrative penalties are remitted to the Clean Air Fund.

 

Upcoming Schedule

In conclusion, the draft Act on Clean Air represents a comprehensive and progressive legal framework. It shifts the paradigm of environmental governance by grounding it in human rights, promoting deep integration and decentralization, employing a balanced “carrot and stick” approach, and designing sector-specific interventions. By establishing robust institutional mechanisms, detailed tools, and clear liability provisions, it aims to systematically tackle air pollution from its root causes to its impacts, ensuring cleaner air and better health for the population.

Feedback from the public hearing will be used for the final revision of this draft regulation, which is on its way to final consideration by the Senate. My personal opinion is that this draft regulation incorporates many new mechanisms, and some of which may be difficult to implement or may overlap with existing regulations. We should expect to see a toned-down version of this draft become the final one.