Environmental Requirements
Environmental Requirements
Environmental Requirements
Department of Environment
Ministry of Natural Resources and Environment
Wisma Sumber Asli, Precinct 4
Federal Government Administrative Centre
62574 PUTRAJAYA
Eighth Edition
October 2007
CONTENTS
1. Introduction........................................................................................ 2
4. Environmental Requirements............................................................ 3
• Environmental Impact Assessment
(EIA) for Prescribed Premises........................................................ 4
• Site Suitability for Non Prescribed Activities................................. 5
• Written Permission......................................................................... 6
• Written Approval............................................................................. 6
• Licence to Occupy.......................................................................... 7
10. Conclusion.......................................................................................... 9
APPENDICES
List Of Figures
Figure
1
INTRODUCTION
In the promotion of environmentally sound and sustainable development, the Government of Malaysia
has established the necessary legal and institutional arrangements such that environmental factors
are considered at the early stages of project planning. With reference to the licensing requirements
for establishment of business/industry in the country (Appendix A), environmental requirements and
assessment constitute the second level of approval that need to be obtained after a business or industry
has been registered. Environmental assessment is an important technique for ensuring that the likely
impacts on the environment of proposed development are fully understood and taken into account
before such development is allowed to go ahead. In Malaysia, Environmental Impact Assessment (EIA) is
required for activities prescribed under the Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 1987. Those industrial activities that are not subject to the mandatory EIA
requirements are nevertheless subject to various regulations under the Environmental Quality Act, 1974
(EQA).
The set of guidelines, which is intended primarily for investors or project proponents and their consultants,
sets out Malaysia’s environmental policy objectives, and explains the environmental requirements for
planning of industrial development projects in Malaysia. It also provides information on the relevant
legislation and describes procedures for obtaining appropriate approvals from the Department of
Environment, the regulatory agency which administers the EQA of 1974.
The National Policy on the Environment which integrates the three elements of sustainable development:
economic, social and cultural development and environmental conservation was formulated and approved
in 2002. The Policy aims at continued economic, social and cultural progress and enhancement of the
quality of life of Malaysians through environmentally sound and sustainable development. It is based in
eight (8) inter-related and mutually supporting principles set to harmonise economic development goals
with environmental imperatives:
• Stewardship of the Environment
• Conservation of tha Nature’s Vitality and Diversity
• Continuous Improvement in the Quality of the Environment
2
• Sustainable Use of Natural Resource
• Integrated Decision-making
• Role of the Private Sector
• Commitment and Accountability
• Active Participation in the International Community
In keeping abreast with the country’s rapid economic development and to meet with the nation’s
aspiration for an improved quality of life, the National Policy on the Environment serves as an important
guide to all stakeholders to ensure that the environment is clean, safe, healthy and productive.
The legislation that is related to the prevention, abatement, control of pollution and enhancement of
the environment in Malaysia is the Environmental Quality Act, 1974. The Act restricts the discharge
of wastes into the environment in contravention of the acceptable conditions. To date 35 sets of
Regulations and Orders as per Appendix B have been introduced and enforced. The Director General
of Environmental Quality has been appointed by the Minister to administer this Act and any regulations
and orders made thereunder.
ENVIRONMENTAL REQUIREMENTS
Under the Environmental Quality Act, 1974 and the Regulations thereunder, industrial activities are
required to obtain the following approvals from the Director General of Environmental Quality prior to
project implementation:-
• Environmental Impact Assessment reports (for prescribed activities);
• Site suitability evaluation (for non-prescribed activities);
• Written permission to construct;
• Written approval for installation of incinerator, fuel burning equipment and chimney; and
• License to use and occupy prescribed premises and prescribed conveyances.
3
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR PRESCRIBED ACTIVITIES
Every industrial proposal should be examined by the investor to see whether an environmental impact
assessment (EIA) needs to be conducted. A prospective investor should therefore first of all determine
whether or not a proposed venture is categorised as ‘prescribed activity’ as stipulated in the Environmental
Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987, (Appendix C).
If the proposed venture is categorised as a ‘prescribed activity’ an EIA study needs to be conducted and
report submitted to the Director General of Environmental Quality for approval. The project is not allowed
to proceed unless approval of the EIA report has been granted. Due to the sensitivity of the project and
polluting potential from the construction and/or operations, some of the prescribed activities have been
required to go through the Detailed EIA Procedures which involves public participation. Those activities
are as in Appendix C1.
For an industrial project, the EIA generally would assist in determining site suitability as well as the
necessary environmental control and mitigation measures. The objectives of EIA are summarised as
follows:
• To examine and select the best from the project options available;
• To identify, predict and assess significant residual environmental impacts;
• To recommend and incorporate into the project plan, appropriate abatement and mitigating
measures; and
• To identify the environmental costs and benefits of the project to the community.
A Handbook of EIA Guidelines (edited) 2007 has been prepared to assist project proponents understand
the objectives of EIA, procedures for carrying out EIA studies and guidelines on preparation of EIA
reports. The handbook can be obtained from the headquarters of the Department of Environment,
Putrajaya and the State Offices of the Department of Environment. A booklet on EIA Procedure
and Requirement in Malaysia, for quick reference is also available at all DOE offices, including at
the office of the representative of the Department of Environment at the Malaysian Industrial
Development Authority (MIDA). Addresses and telephone numbers of these offices are as per
Appendix D.
4
SITE SUITABILITY EVALUATION FOR NON-PRESCRIBED ACTIVITIES
One of the most important procedures which have an immediate bearing on the period of processing
and condition of approval on environmental ground is the SITE SUITABILITY for the proposed project.
Irrespective of whether the proposed industrial activity is going to be sited within an industrial estate
or otherwise, it should be developed and managed with environmentally sound control measures.
Therefore, all potential industrial sites for the establishment of new industrial activities which are NOT
subject to EIA, particularly the Small and Medium Scale Industries (SMIs), are advised to refer to the
Department of Environment for consideration and advice on site suitability.
In considering the suitability, the site is evaluated in terms of its compatibility with respect to the gazetted
structure/local plans, surrounding landuse, provision of set-backs or buffer zones, the capacity of the
area to receive additional pollution load, and waste disposal requirements.
Details on the appropriate buffer zone with respect to a specific category of industry can be obtained
from ‘Guidelines for the Siting and Zoning of Industries’ prepared by DOE. An outline of the guidelines
is given in Appendix E.
For potentially hazardous* type of industries, the project proponent may be required to submit a RISK
ASSESSMENT to the Department of Environment as part of the site consideration.
* Hazardous Industry: Any industry or installation which has the potential for causing injury threat to
health, death and damage to property or the environment
The Term of Reference for the preparation of an EIA report for proposed industrial projects located within
gazetted and EIA approved industrial estates is as in Appendix E1. The scopes to be studied in the EIA
report are not restricted to the information in this Appendix. The EIA report has to be more specific in
terms of the proposed site and project.
5
WRITTEN PERMISSION
Any person intending to carry out activities as listed below must obtain prior written permission from the
Director-General of Environmental Quality:
i. Construction of any building or carrying out of any work that may result in a new
source of effluent or discharge as stipulated under Regulation 4, Environmental Quality
(Sewage and Industrial Effluents) Regulations 1979;
ii. Construction on any land or any building; or carrying out work that would cause the
land or building to become prescribed premises (crude palm oil mills, raw natural
rubber processing mills, and treatment and disposal facilities of scheduled wastes),
as stipulated under Section 19 of the Environmental Quality Act, 1974; and
iii. A factory which is categorised as a prescribed premise namely :
(a) The Crude Palm Oil Mill;
(b) The Raw Natural Rubber Processing Mill; and
(c) The Treatment and Disposal Facilities of Scheduled Waste.
WRITTEN APPROVAL
Applicants intending to carry out activities as listed below shall obtain prior written approval from the
Director-General of Environment Quality:
i. New installation near dwelling area as detailed out in Regulation 4 and First Schedule
of the Environmental Quality (Clean Air) Regulations 1978.
ii. Any erection (including incinerators), installation, resiting or alteration of fuel burning
equipment that is rated to consume pulverised fuel or solid fuel at 30 kg or more per
hour, or liquid or gaseous fuel at 15 kg or more per hour as stipulated in Regulations
36 and 38 of the Environmental Quality (Clean Air) Regulations 1978, (Appendix F).
iii. Any erection, installation, resiting, or alteration of any chimney from or through which
air impurities may be emitted or discharged, respectively.
6
LICENCE TO OCCUPY PRESCRIBED PREMISES AND PRESCRIBED CONVEYANCES
A licence is required to occupy and operate prescribed premises. Application shall be made after
obtaining written permission and written approval. Licensing fee will be charged for every licence issued
for palm oil, raw natural rubber processing mills and facilities for treatment and disposal of schedule
waste and prescribed conveyances.
Starting from 15 August 2005, licence is required to use prescribed conveyances as stipulated in the
Environmental Quality (Prescribed Conveyance) (Scheduled Wastes) Order 2005. Conveyance which is
categorized as prescribed conveyance namely:
(c) used for the movement, transfer, placement or deposit of scheduled wastes.
Applications for the licence shall be made after obtaining written permission and/ or written approval.
Industries are required to comply with both air emission and effluent discharge standards as stipulated in
Appendices G and H respectively. These standards are regarded as acceptable conditions or emissions
and discharge allowed in Malaysia. Appendix I, gives the Recommended Malaysian Air Quality Guidelines
(Ambient Standards).
7
CONTROL USE OF OZONE DEPLETING SUBSTANCES (ODS)
ODS are categorised as environmental hazardous substance under the Environmental Quality Act, 1974
(Amendment) 1996. These substances are listed as per Appendix J. New investments relating to the use
of these substances are prohibited. Existing industries are encouraged to develop and use substitutes
and to change their ODS dependent processes as soon as possible.
Malaysia has developed a comprehensive set of legal provisions related to the management of toxic and
hazardous wastes. The regulation was based on the cradle to grave principle.
A facility which generates, stores, transports, treats or disposes scheduled waste is subject to the
following regulations:
• Environmental Quality (Scheduled Wastes) Regulations 2005 (Amendment) 2007
• Environmental Quality (Prescribed Conveyance) (Scheduled Wastes) Order 2005;
• Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal
Facilities) (Amendment) Order 2006;
• Environmental Quality (Prescribed Premises) (Scheduled Waste Treatment and Disposal
Facilities) (Amendment) Regulations 2006;
• Customs (Prohibition of Export) Order (Amendment)(No. 2) 1993, and;
• Customs (Prohibition of Import) Order (Amendment)(No. 2) 1993.
A summary of the environmental requirements on scheduled wastes is given in Appendix K and the list
of scheduled wastes is as per Appendix L.
To encourage proper industrial waste management, the following incentives are currently available:-
• Pioneer Status incentive for 5 years to companies which are principally engaged in an
integrated operation for the storage, treatment and disposal of toxic and hazardous wastes;
8
• As a further incentive for both the above categories of companies, the Government also
extends the current import duty and sales tax exemption scheme for machinery, equipment,
raw materials and components.
All facilities for storage, treatment and disposal of toxic and hazardous wastes must be approved by the
Department of Environment before the application is made for the incentives.
Under Income Tax Act 1967, Income Tax (Qualifying Plant Allowances) (Control Equipment) Rules 1998,
the Government has provided special capital allowance incentive for the Companies which install
pollution control equipment in the setting up of the plants. This allowance is at initial rate 40% and an
annual rate of 20% for the qualifying plants stipulate under Schedule 3 of Income Tax Act 1997.
CONCLUSION
Investors are advised to consult the Department of Environment for further clarification of the
requirements. They may do so by contacting the officers in the DOE Headquarters, DOE State Offices and/
or to the DOE representative at MIDA. A checklist and a summary of approvals issued by the Department
of Environment are given in Appendices M and N respectively. Investors are advised to provide complete
information to avoid any delay in processing.
Investors are also encouraged to give attention to some of the following aspects of pollution control
during the early planning stage of their projects:
• look into pollution control measures as early as at the pre-feasibility study stage;
• find possible modifications in the process line that can minimise waste generation;
• pollution prevention to be viewed as important as production process;
• engage in cleaner production; and
• consider recycling option as far as possible.
In conclusion, investors should be aware that environmental issues are now a growing concern all over
the world. Today, the public demands a better quality of life and environment. Therefore, investors
should not only work towards complying with the law but also to fulfill their public obligations.
9
Figure 1
APPLICATION PROCEDURE FOR ENVIRONMENTAL REQUIREMENTS IN MALAYSIA
STEP 2
No Project No
Fuel Burning Activities subject to
Implementation Effluents?
Equipment? air and water pollution
control
Yes Yes
Written Permission/Approval
Refer to DOE State Offices
STEP 3
Yes Licence to Occupy
Prescribed Apply to Licence to occupy
Premises? DOE State Offices • Crude Palm Oil Mills
• Raw Material
No
Rubber Factories
• Scheduled Wastes
Facilities
Project
• Prescribed
Operation Conveyance
10
APPENDIX A
APPENDIX A
I. REGISTRATION OF :
II. EVALUATION/STUDY
ON:
13
APPENDIX A
V. BUILDING
iii)Building Plans Approval for Building Plans (other Respective Local Authorities
plans to be submitted with
application:
- Key Plan;
- Layout Plan;
- Elevation Plan for front, back
and side view of building;
- Details on open space;
- Plan on septic tanks/
sewerage;
- Plan on water-pipe installation;
- Plan on land works and
infrastructure.
14
APPENDIX A
(i) Construction Works 1. Notice to Start Work and Date Respective Local Authorities
of Completion.
ii) Temporary Supply of Approval for Temporary Supply of Tenaga Nasional Berhad
Utilities Utilities to the Project Site Water Supply Department
15
APPENDIX A
(d) Premises for Operating 1. Premises Licence for trade/ Respective Local Authorities
Trade/Business/ industry/ business concerned.
Industries 2. Approval for Sign Boards/ Department of Occupational
Advertisement Sign Safety and Health
VI. UTILITIES
VII. MANPOWER
16
APPENDIX
APPENDIX AA
17
APPENDIX A
2. Registration of Competent
Personel (e.g. chargement,
engineer supervising an
installation, wiremen).
18
APPENDIX
APPENDIX AA
X. TRANSPORTATION BY :
(a) Land 1. Licence for commercial Commercial Vehicles Licensing
vehicles (such as factory Board
buses, lorries etc.)
2. Driving licence for goods Road Transport Department
vehicle.
3. Approval for locked van. Royal Customs and Excise
Department
19
APPENDIX A
(a) Import of Prohibited 1. Import licence for goods Ministry of International Trade
Goods specified in Customs and Industry and other
(Prohibition of Imports) Ministries, Departments or
Order 1988 Statutory Bodies appointed by
the Director General of
Customs
(b) Export of Prohibited 1. Export Licence for goods Ministry of International Trade
Goods specified in Customs and Industry and other
(Prohibition of Exports) Ministries, Departments or
Order 1988 Statutory Bodies appointed by
the Director General of
Customs
20
APPENDIX
APPENDIX AA
XIII. INTELLECTUAL/
INDUSTRIAL PROPERTY
AND CONSUMER
PROTECTION
(a) Trade Mark Trade Mark Certificate Ministry of Domestic Trade and
Consumer Affairs
(b) Patent Certificate for Grant of a Patent Ministry of Domestic Trade and
Consumer Affairs
21
APPENDIX A
22
APPENDIX
APPENDIX AA
23
APPENDIX B
LIST OF REGULATIONS AND ORDERS ENFORCED UNDER THE ENVIRONMENTAL QUALITY ACT,
1974 BY THE DEPARTMENT OF ENVIRONMENT
24
APPENDIX B
25
APPENDIX B
26
APPENDIX C
1. Agriculture
(a) Land development schemes covering an area of 500 hectares or more to bring forest
land into agriculture production.
(b) Agriculture programmes necessitating the resettlement of 100 families or more.
(c) Development of agricultural estates covering an area of 500 hectares or more involving
changes in type of agricultural use.
2. Airport
(a) Construction of airports (having an airstrip of 2,500 meters or longer).
(b) Airstrip development in state and national parks.
4. Land Reclamation
Coastal reclamation involving an area of 50 hectares or more.
5. Fisheries
(a) Construction of fishing harbours.
(b) Harbour expansion involving an increase of 50 per cent or more in fish landing capacity
per annum.
(c) Land based aquaculture projects accompanied by clearing of mangrove swamp forests
covering an area of 50 hectares or more.
27
APPENDIX C
6. Forestry
(a) Conversion of hill forest land to other land use covering an area of 50 hectares or more.
(b) Logging or conversion of forest land to other land use within the catchments area of
reservoirs used for municipal water supply, irrigation or hydropower generation or in areas
adjacent to state and national parks and national marine parks.
(c) Logging covering an area of 500 hectares or more.
(d) Conversion of mangrove swamps for industrial, housing or agricultural use covering an area
of 50 hectares or more.
(e) Clearing of mangrove swamps in islands adjacent to national marine parks.
7. Housing
Housing development covering an area of 50 hectares or more.
8. Industry
(a) Chemical - Where production capacity of each product or of combined
products is greater than 100 tonnes/day.
(b) Petrochemicals - All sizes.
(c) Non-ferrous - Primary smelting:
Aluminium - all sizes
Copper - all sizes
Others - producing 50 tonnes/day and above of product.
(d) Non-Metallic - Cement - for clinker through put of 30 tonnes/hour and
above.
- Lime - 100 tonnes/day and above burnt lime rotary kiln
or 50 tonnes/day and above vertical kiln.
(e) Iron and Steel - Require iron ore as raw materials for production greater than 100
tonnes/day; or
Using scrap iron as raw materials for production greater than 200
tonnes/day
(f) Shipyards - Dead Weight Tonnage greater than 5000 tonnes.
(g) Pulp and Paper - Production capacity greater than 50 tonnes/day.
Industry
28
APPENDIX C
9. Infrastructure
(a) Construction of hospitals with out fall into beachfronts used for recreational purposes.
(b) Industrial estate development for medium and heavy industries covering an area of 50
hectares or more.
(c) Construction of expressways.
(d) Construction of national highways.
(e) Construction of new townships.
10. Ports
(a) Construction of ports
(b) Port expansion involving an increase of 50 per cent or more in handling capacity per
annum.
11. Mining
(a) Mining of minerals in new areas where the mining lease covers a total area in excess
of 250 hectares.
(b) Ore processing, including concentrating for aluminium, copper, gold or tantalum.
(c) Sand dredging involving an area of 50 hectares or more.
12. Petroleum
(a) Oil and gas fields development.
(b) Construction of off-shore and on-shore pipelines in excess of 50 kilometers in length.
(c) Construction of oil and gas separation, processing, handling, and storage facilities.
(d) Construction of oil refineries.
(e) Construction of product depots for the storage of petrol, gas or diesel (excluding service
stations) which are located within 3 kilometers of any commercial, industrial or
residential areas and which have a combined storage capacity of 60,000 barrels or more.
29
APPENDIX C
b) Dams and hydroelectric power schemes with either or both of the following:
(i) dams over 15 meters high and ancillary structures covering a total area in excess
of 40 hectares;
(ii) reservoirs with a surface area in excess of 400 hectares.
(c) Construction of combined cycle power stations.
(d) Construction of nuclear-fueled power stations.
14. Quarries
Proposed quarrying of aggregate, limestone, silica quartzite, sandstone, marble and decorative
building stone within 3 kilometers of any existing residential, commercial or industrial areas, or
any area for which a licence, permit or approval has been granted for residential, commercial or
industrial development.
15. Railways
(a) Construction of new routes.
(b) Construction of branch lines.
16. Transportation
Construction of Mass Rapid Transport projects.
30
APPENDIX C
31
APPENDIX C1
3. Cement plant.
6. Land reclamation.
8. Sanitary landfill.
9. Project involving land clearing where 50% of the area or more having slopes exceeding 25
degrees (except quarry).
11. Development of tourist or recreational facilities on islands in surrounding waters which are
gazetted as national marine parks.
13. Scheduled wastes recovery or treatment facility generating significant amount of wastewater
which is located upstream of public water supply intake .
32
APPENDIX D
33
APPENDIX D
34
APPENDIX D
35
APPENDIX E
Note: Light industries (Type A) shall not produce any industrial emissions and
significant discharges.
Note: Industrial Effluent discharge and gaseous emissions shall meet the relevant
Environmental Quality Regulations as stipulated in the Environmental Quality
Act, 1974.
36
APPENDIX E
BUFFER
INDUSTRIES DESCRIPTIONS AND STANDARD REQUIREMENTS
ZONE
Medium • These industries could generate significant noise from machineries, 250 m
generators etc but which could be controlled to meet the level not
exceeding 65dB (A) Leq at the factory boundary, and not exceeding 55
and 45 dB(A) Leq at the residential/buffer zone boundary during day and
night time respectively.
• Industries could emit some gaseous emission but which can be controlled
to comply with the Environmental Quality (Clean Air) Regulation 1978.
• The industries could produce some industrial effluent that can be treated on
site before being discharged to meet the Environmental Quality (Sewage and
Industrial Effluent) Regulation 1979, standard A or B depending on the
site.
• These industries could use toxic and hazardous raw materials in its
productions.
• The industries could produce scheduled wastes but which can be treated on
site to comply with the Environmental Quality (Scheduled Wastes) Regulation
(Amendment) 2007 or disposed off from their premises.
• These industries could produce fumes and odors that can possibly affect the
workers health and the neighbouring plant, but for which design solutions are
available for prevention and shall comply with the Environment Quality
(Clean Air) Regulation 1978.
• The stack height shall conform to the production capacity of the specific
plant to be based on air quality modeling and simulation with the DOE
approval.
• The industries shall be located in designated industrial estates or zones
with good compatibility within the industrial estates and zones to ensure
good industrial mixing.
• These industries shall not use any radioactive materials.
Note: All discharges and emissions shall meet the relevant Environmental
Quality Regulations stipulated in the Environmental Quality Act, 1974.
37
APPENDIX E
Heavy • Heavy industries must be sited in designated industrial estates or designated 500 m
industrial zones with sufficient buffer zones from residential areas, livestock
farm, agricultural farms, recreation areas and tourist designated areas.
A minimum distance from the fence of the industry to the nearest residential
area is 500 meters, to be finalised by the EIA Report.
• These industries could generate excessive noise from its operations but
for which design solutions are incorporated in the form of appropriate high
technologies to reduce the noise level generated to a level to meet the WHO
recommended level of not greater that 65 dB(A) at the factory boundary
and not exceeding 55 and 45 dB(A) at the residential/buffer zone boundary
during day and night time respectively.
• These industries could produce gaseous emissions at rates, volumes and
concentrations that will require detailed engineering design incorporated
into the operation and control mechanisms and other mitigation measures
to reduce these emissions to comply with the Environmental Quality
(Clean Air) Regulation 1978.
• Stack heights shall be determined by detailed air quality modelling and
simulations within the EIA Report.
• These industries could produce industrial effluent at rates, volumes and
concentrations that will require detailed engineering design incorporated
into the operation and control mechanisms to meet the Environmental
Quality (Sewage and Industrial Effluent) Regulation 1979 and/or to dispose
such wastes to the Central Treatment Facilities.
• The industries could use radioactive materials and scheduled wastes
which are toxic and hazardous for which pollution control technology, design
solution and mitigation measures shall meet the necessary approvals.
38
APPENDIX E
BUFFER
INDUSTRIES DESCRIPTIONS AND STANDARD REQUIREMENTS
ZONE
• These industries could generate scheduled wastes which cannot be
treated on-site or which exceed the levels recommended in the Environmental
Quality (Scheduled Wastes) Regulation (Amendment) 2007. Thus in
compliance with the above regulation the industries shall incorporate
necessary technologies to reduce the scheduled wastes generation to
the acceptable level or they can be disposed for treatment at a centralized
scheduled wastes treatment plant, or recycled within its premise, or sold
to other parties for the purpose of recycling.
• Siting within an industrial estate or zones should take into consideration
the compatibility in industrial mixing.
• Hot water discharges shall be supported by thermal plume modelling
and simulations to be clearly presented in the EIA Report.
Note: All discharges and emissions shall meet the relevant Environmental
Quality Regulations as stipulated in the Environmental Quality Act,
1974 and using appropriate control measures.
Special • Industries that by their process description and plant outputs are involved 200 m
in the manufacturing of products that are generally accepted as being
categorized as high technology based products.
• Industries that utilize high/advanced and clean technology in their
process and control mechanisms, as verified by EIA documents, and backed
up by examples of parent plants or other plants operating elsewhere.
• Industries that will eliminate or minimize emissions, wastewater discharges
and schedule waste production.
• Industries shall be located within designated special industries zones,
being compatible with the neighbouring plants, which are designed to be
environmentally friendly.
39
APPENDIX E1
INTRODUCTION
2. This document is also intended to complement other guidance given in the following guidelines
where terms and procedures are defined:-
3. All industrial sector projects as listed below are prescribed activities under the Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Order 1987 (EIA Order, 1987)
and are subject to an EIA study:
Activity 8. Industry
(a) Chemical - Where production capacity of each product or of combined products is
greater than 100 tonnes/day.
(b) Petrochemicals - All sizes.
40
APPENDIX E1
4. Due to the sensitivity of the project and polluting potential from the operations, proposal
for Iron and steel mills and Pulp and paper industries have been required to go through the
Detailed EIA Procedures which involves public participation.
5. The Environmental Quality Act 1974 and its accompanying regulations call for environmental
impact assessment, pollution control assessment, monitoring and self-enforcement. In addition to
the requirement for an EIA for prescribed activities, various provisions under specific regulations
relating to industry are as below:-
A. Written Permission
Any person intending to carry out activities as listed below must obtain prior written
permission from the Director-General of Environmental Quality:
41
APPENDIX E1
iii. Construction of any building or carrying out of any work that may result in a new source of
effluent or discharge as stipulated under Regulation 4, Environmental Quality (Sewage and
Industrial Effluents) Regulations 1979;
iv. Construction on any land or any building; or carrying out work that would cause the land
orbuildingtobecomeprescribedpremises(crudepalmoilmills,rawnaturalrubberprocessingmills,
and treatment and disposal facilities of scheduled wastes), as stipulated under Section 19
of the Environmental Quality Act, 1974.
* Such application has to be accompanied by a prescribed fee.
B. Written approval
Applicants intending to carry out activities as listed below shall obtain prior written approval from
the Director-General of Environment Quality:
iv. New installation near dwelling area as detailed out in Regulation 4 and First Schedule of the
Environmental Quality (Clean Air) Regulations 1978.
vi. Any erection, installation, resiting, or alteration of any chimney from or through which
air impurities may be emitted or discharged, respectively.
42
APPENDIX
APPENDIX E1
E1
D. Control On Ozone Depleting Substances Ozone Depleting Substances (ODS) are categorised
as environmentally hazardous substances under the Environmental Quality (Refrigerant Management)
Regulations 1999 and the Environmental Quality (Halon Management) Regulations 1999. New
investments relating to the use of these substances are prohibited.
SITE SELECTION
8. One of the most important factors in obtaining environmental approval is the site suitability of the
proposed project. Site suitability is evaluated based on the compatibility of the project with
respect to the gazetted structure or local plans, surrounding land-use, provision of set-backs
or buffer zones, the capacity of the area to receive additional pollution load, and waste disposal
requirements.
9. Details on the appropriate buffer zone with respect to a specific category of industry can be
obtained from “Guidelines for the Siting and Zoning of Industries”. An outline of the guidelines is
given in Appendix E. For potentially hazardous* industries, the project proponent may be required to
submit a Risk Assessment to the DOE as part of the site consideration.
43
APPENDIX E1
* Hazardous industry: Any industry or installation which has the potential for causing injury
threat to health, death, and damage to property or the environment.
10. Based on the above factors, industries are advised to locate project activities within gazetted and EIA
approved industrial sites. This is to ensure proper planning has been taken into consideration
which leads to less environmental problems in the future, especially during operation.
PROJECT OPTIONS
11. For industrial sector, project alternatives should include appropriate alternative technologies and
operating methods covering:
i. Sources and supply of raw materials including proximity, sustainability, transport routes and
means etc.
ii. Process options: in respect of the technologies available in relation to “Best Available
Technologies”of integrated pollution control and cost, hazard potential of alternatives
(i.e. relative hazards of the raw materials and intermediates required/produced) and
beneficial components such as energy recovery/waste minimization.
iii. Treatment and disposal systems: including options for treatment of airborne emissions,
liquid effluents, solid wastes and scheduled wastes (including sale or beneficial utilization)
12. In preparing an EIA report for the establishment of industries located within gazetted and EIA
approved industrial sites, the project proponent and EIA consultant shall be able to identify key issues
related to the industrial activities being proposed. Below are the key issues and information to be
made available to the assessor of the EIA report:-
(a) Existing Environment
Since the industrial activity proposed is to be located within gazetted and EIA approved
industrial site, the explanation and description on the existing environment shall cover the
existing air quality conditions at the industrial site and noise level conditions.
44
APPENDIX
APPENDIX E1
E1
(b) Layout Plan Complete layout plan among other include where appropriate of:-
• Reception area with weighbridge and laboratory unit for sampling purposes.
• Special raw materials reception area and adjacent storage area.
• Plant buildings, machinery, and related infrastructure.
• Truck cleaning area.
• Bund walls and drainage systems isolating handling storage/cleaning and operational
areas.
• Emergency on-site storage pond for liquid wastes.
• Lined storm water retention pond/ storm water system as a contingency for excessive run off
from contaminated areas.
• Floor linings of adequate design, incorporating a surface concrete layer, usually underlying
a sand layer and a final PVC layer.
• Roofing of potentially contaminated areas and storage areas with separate drainage.
• Processing/manufacturing areas.
• Storage areas for residual wastes and scheduled wastes.
• Wastewater treatment systems (if any).
• Good ventilation systems.
• Fire-fighting system, sprinkler systems and facilities.
• Security fencing, boundary fencing and controlled access.
(c) Landuse map
A clear cadastral map showing the site location of the proposed project site and a description of
the surrounding industrial activities. This is to ensure that the location of the proposed site
is compatible with the industrial activities within the gazetted industrial site.
(d) Project Concept and Components
A clear description on the project concept and project components.
(e) Process Description
A comprehensive flow chart of the process production and detailed explanation on the process
including criterias involved and the maximum capacity.
(f) Physical and Chemical Characteristic of the Raw Materials Chemical or Material Safety data sheets
of the raw materials used in the process.
45
APPENDIX E1
46
APPENDIX
APPENDIX E1
E1
Mitigation measures should be described and mapped for each adverse impact, according
to specifications and location. Mitigation should be specific to the impact and linked to
the activity by schedule of occurrence.
Commitments from project proponents to adopt significant pollution control equipment can
reduce negative impacts on environment. All the design measures which have been adopted
into the project plan should be discussed in the EIA report. The pollution control technology
chosen by the project proponent must be able to meet the relevant emission standards
stipulated under the Environmental Quality Act, 1974 and other subsequent guidelines
ie. Recommended Ambient Air Quality Standards.
The Emergency Response Plan (ERP) will be prepared by the proponent or his operator prior
to start-up of the facility. In essence, the risk assessment report should provide an outline ERP
indicating all issues that must be addressed by the ERP itself and specify minimum levels
of safety provisions needed at the facility. Person involved in the recovery of hazardous wastes
must be capable and adequately trained.
(j) Residual Impacts Potential environmental impacts may remain after mitigating measures
have been adapted in to a project plan. These are described as residual impacts which
generally require further studies during the detailed assessment stage. The residual wastes
(highly toxic and dangerous) produced from the recovery process shall be disposed
at the Central Waste Treatment and Disposal Facility, licensed from DOE. The residual
waste cannot be recovered at all.
(k) Monitoring
The project proponent should describe the monitoring program needed which includes the
monitoring program for ambient air quality, gas and hazardous emissions from the stacks,
sewage (effluent), noise, scheduled waste analysis plan and products must be taken into
account including the objective, target and compliance with applicable regulations.
47
APPENDIX E1
CONCLUSIONS
13. Project proponents are encouraged to give attention to the following aspects of pollution control
during the early planning stage of their projects:
(a) Look into pollution control measures as early as at the pre-feasibility study stage. The pollution
control technology chosen by the project proponent must be able to meet the relevant
emission standards stipulated under the Environmental Quality Act, 1974;
(b) Find possible modifications in the process line that can minimise waste generation;
(c) Pollution prevention to be viewed as important as production process;
(d) Engage in cleaner production; and
(e) Consider recycling option as far as possible.
In conclusion, project proponents and EIA Consultants should be aware that environmental
issues are now a growing concern all over the world. Today, the public demands a better quality
of life and environment. Therefore, investors should not only work towards complying with the
law but also to fulfill their public obligations.
48
APPENDIX F
New Installations Within Residential Areas Not Permitted Without Prior Approval (Regulation 4)
• Any equipment, plant or facility that may discharge or emit smoke as dark as or darker than
shade No. 1 on a Ringelmann Chart.
• Any equipment, plant or facility used for the purpose of heating or generating of power that is
rated to consume;
(i) pulverized fuel;
(ii) any solid fuel at 20 kilograms or more per hour; or
(iii) any liquid or gaseous matter at 10 kilograms or more per hour.
• Any equipment, plant or facility that emits any solid particle exceeding 0.5 kilograms
per hour.
• Any equipment, plant used for grain milling or polishing and consumes 1.5kw and above.
• Any equipment plant or facility used in the manufacture, packing or repacking of paints,
varnishes, lacquers and all pesticides listed in the First Schedule of the Pesticides Act, 1974.
• Any equipment, plant or facility used in the manufacture, packing or repacking of fish
manure or animal feed or fertilizer.
49
APPENDIX G
1. Dark Smoke* (1.1) Solid Fuel Equipment or Facilities Ringlemann Chart No. 2
(1.2) Equipment using other types of fuel Ringelmann Chart No. 1
2. Dust (2.1) Facilities used for the heating of metal 0.2 gm/Nm3
other than Cold Blast Foundry Cupola
(2.2) Facilities discharging dust containing 0.12 gm/Nm3
asbestos and free silica
(2.3) Portland Cement Manufacturing:
(2.3.1) Kiln 0.2 gm/Nm3
(2.3.2) Clinker, cooler, grinder, others 0.1 gm/Nm3
(2.4) Asphalt concrete/bituminous mixing plant:
(2.4.1) # Stationary Plant 0.3 gm/Nm3
(2.4.2) # Mobile Plant 0.4 gm/Nm3
(2.5) Other source 0.4 gm/Nm3
3. Metal and Metallic
Compound
50
APPENDIX G
4. Gases
* Allowable to exceed both standards not longer than 5 minutes in any period of one hour and 15 minutes
in any period of 24 hours.
51
APPENDIX H
THIRD SCHEDULE
ENVIRONMENTAL QUALITY ACT, 1974
Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979
[Regulations 8(1), 8(2), 8(3)]
PARAMETER LIMITS OF EFFLUENT OF STANDARDS A AND B
Standard Note
Parameter Unit 1. To minimise unnecessary pollution
*A B
a) Temperature oC 40 40 control cost, project proponents are
b) pH Value - 6.0-9.0 5.5-9.0 advised to avoid siting of their proposed
c) BOD 5 or 20oC mg/l 20 50 project that generate effluents in areas
d) COD mg/l 50 100 subject to Standard A. You may refer to
e) Suspended Solids mg/l 50 100 the Fourth Schedule of the said
f) Mercury mg/l 0.005 0.05 Regulations or its latest update on
g) Cadmium mg/l 0.01 0.02 catchment areas where Standard A
h) Chromium, mg/l 0.05 0.05 applies. Otherwise Standard B generally
Hexavalent applies.
i) Arsenic mg/l 0.05 0.10
j) Cyanide mg/l 0.05 0.10 2. These sets of uniform standards
k) Lead mg/l 0.10 0.5 generally apply to both industrial and
l) Chromium, Trivalent mg/l 0.20 1.0 development projects throughout the
m) Copper mg/l 0.20 1.0 country. However, the Environmental
n) Manganese mg/l 0.20 1.0 Quality Act, 1974 does provide legal
o) Nickel mg/l 0.20 1.0 provisions for project proponents to vary
p) Tin mg/l 0.20 1.0 their standards of emissions or effluents,
q) Zinc mg/l 2.0 2.0 provided that a licence is obtained from
r) Boron mg/l 4.0 4.0 the Director General of Environment. In
s) Iron (Fe) mg/l 1.0 5.0 granting suchlicence, consideration
t) Phenol mg/l 0.001 1.0 will be given to some factors such as
u) Free Chlorine mg/l 1.0 2.0 technology availability and constraints
v) Sulphide mg/l 0.50 0.50 and capacity of the area to receive
w) Oil and Grease mg/l Not 10.0 additional pollution load. It must also
Detectable be shown that contravention of the
acceptable conditions will not cause
* This standard applies to the industrial and development hazards to public health, wild life, fish
projects which are located within catchment areas (areas or aquatic life, or to plants or to affect
upstream of surface or above sub-surface water supply intakes, adversely any beneficial use of the
for the purpose of human consumption including drinking)
environment.
52
APPENDIX I
#mg/m3
53
APPENDIX J
SCHEDULE
(Regulation 2)
Refrigerant Environmentally Hazardous Substances
1 CFCl3 Trichhlorofluoromethane
(CFC – 11)
CF2Cl2 Dicholorodifluoromethane
(CFC – 12)
C2F3Cl3 Trichlorotrifluoroethane
(CFC – 113)
C2F4Cl2 Dichlorotetrafluoethane
(CFC – 114)
C2F5Cl Chloropentafluoroethane
SCHEDULE 1
(Regulation 2)
List of Halon
54
APPENDIX K
1. The Environmental Quality (Scheduled Wastes) Regulations 2005 came into force since 15 August
2005, and is replacing the Environmental Quality (Scheduled Wastes) Regulations 1989. In 20
March 2007, the Environmental Quality (Scheduled Wastes) Regulations 2005 are then amended
in the First Schedule, in relation to the particular appearing against code SW 104, by inserting after
the word “containing” the words “aluminium”.
2. Under these new regulations, scheduled wastes listed in the First Schedule are divided into 5
categories as per Appendix L. Waste generators should determine whether their wastes are
classified under scheduled wastes. New generators of scheduled wastes are required to notify the
Department of Environment within one month from the date of generation of wastes.
3. Scheduled wastes can be stored, recovered and treated within the premises of the waste generators.
Such activities do not require licensing by the Department of Environment. A waste generator may
store scheduled wastes generated by him for 180 days or less after its generation provided that
the quantity of scheduled wastes accumulated on site shall not exceed 20 metric tonnes. However,
waste generators may apply to the Director General in writing to store more than 20 metric tonnes
of scheduled wastes. The containers that are used to store scheduled wastes shall be clearly
labeled with the date when the scheduled wastes are first generated, name, address and telephone
number of the waste generator.
4. Land farming, incineration, disposal and off-site facilities for recovery, storage and treatment can
only be carried out at prescribed premises licenced by the Department of Environment. However
with the signing of the concession agreement between the Government of Malaysia and Kualiti
Alam Sdn. Bhd, all off-site treatment and disposal (incineration, wastewater treatment, storage and
secure landfill) of scheduled wastes is not allowed. The agreement is from 18 December 1995 to
18 December 2010.
55
APPENDIX K
6. Waste generators shall also keep an up to-date inventory of scheduled wastes generated, treated
and disposed off. Proper labelling, containers and storage areas as well as prohibition of storage of
incompatible waste are also required by law.
7. In the case of transporting the scheduled waste from the waste generator to the treatment and
disposal facilities, the transporting of waste shall conform to the consignment note system whereby
the movement of waste is monitored until it reaches the approved destination. It is the responsibility
of a waste generator to monitor and ensure that the waste transported from his factory reaches
the approved destination. The waste generator is responsible to inform the transport contractor
regarding the nature of the waste and what actions to be taken during accidents to minimise
damage to human life and the environment. Schedule wastes transporters should also be licenced
by the Department of Environment.
8. Every waste generator shall ensure that all his employees involved in the identification, handling,
labeling, transportation, storage and spill response of scheduled wastes, attend training
programme.
There are six types of premises prescribed under the Order that require written permission and a licence
from the Department of Environment. The premises include:
a. Land treatment facilities such as sludge farming of oily wastes or sludges;
b. Off-site recovery facilities such as solvent recycling plant;
c. Off-site treatment facilities such as centralised physical/chemical wastewater treatment plant;
d. Scheduled wastes incinerators;
e. Off-site storage facilities including the premises of waste transport contractors; and
f. Secure landfills designated for the disposal of scheduled wastes.
56
APPENDIX K
1. These regulations list the procedures for licence application, renewal and ownership transfer
as well as requirements for record keeping and submission to the Department of Environment.
Every owner or occupier of prescribed premises is responsible to keep accurate an up-to-
date records of wastes handled and to submit these record within 14 days at the end of
every period of 3 months to the Department of Environment.
57
APPENDIX L
FIRST SCHEDULE
ENVIRONMENTAL QUALITY (SCHEDULED WASTES) REGULATIONS 2005
(AMENDMENT) 2007
SW 104 Dust, slag, dross or ash containing aluminium, arsenic, mercury, lead, cadmium,
chromium, nickel, copper, vanadium, beryllium, antimony, tellurium, thallium
or selenium excluding slag from iron and steel factory
SW 107 Slags from copper processing for further processing or refining containing arsenic, lead or
cadmium
SW 108 Leaching residues from zinc processing in dust and sludges form
SW 110 Waste from electrical and electronic assemblies containing components such as
accumulators, mercury-switches, glass from cathode-ray tubes and other activated
glass or polychlorinated biphenyl-capacitors, or contaminated with cadmium, mercury,
lead, nickel, chromium, copper, lithium, silver, manganese or polychlorinated biphenyl
SW 2 Wastes containing principally inorganic constituents which may contain metals and
organic materials
58
APPENDIX L
SW 204 Sludges containing one or several metals including chromium, copper, nickel, zinc, lead,
cadmium, aluminium, tin, vanadium and beryllium
SW 3 Wastes containing principally organic constituents which may contain metals and
inorganic materials
SW 301 Spent organic acids with pH less or equal to 2 which are corrosive or hazardous
SW 302 Flux waste containing mixture of organic acids, solvents or compounds of ammonium
chloride
SW 303 Adhesive or glue waste containing organic solvents excluding solid polymeric materials
59
APPENDIX L
SW 312 Oily residue from automotive workshop, service station oil or grease interceptor
SW 317 Spent organometallic compounds including tetraethyl lead, tetramethyl lead and
organotin compounds
SW 319 Waste of phenols or phenol compounds including chlorophenol in the form of liquids or
sludges
SW 321 Rubber or latex wastes or sludges containing organic solvents or heavy metals
SW 325 Uncured resin waste containing organic solvents or heavy metals including epoxy resin
and phenolic resin
60
APPENDIX L
SW 402 Spent alkalis with pH more or equal to 11.5 which are corrosive or hazardous
SW 403 Discarded drugs containing psychotropic substances or containing substances that are
toxic, harmful, carcinogenic, mutagenic or teratogenic
SW 405 Waste arising from the preparation and production of pharmaceutical product
SW 408 Contaminated soil, debris or matter resulting from cleaning-up of a spill of chemical,
mineral oil or scheduled wastes
SW 411 Spent activated carbon excluding carbon from the treatment of potable water and
processes of the food industry and vitamin production
61
APPENDIX L
SW 418 Discarded or off-specification inks, paints, pigments, lacquer, dye or varnish products
containing organic solvent
SW 419 Spent di-isocyanates and residues of isocyanate compounds excluding solid polymeric
material from foam manufacturing process
SW 425 Wastes from the production, formulation, trade or use of pesticides, herbicides or biocides
SW 426 Off-specification products from the production, formulation, trade or use of pesticides,
herbicides or biocides
SW 427 Mineral sludges including calcium hydroxide sludges, phosphating sludges, calcium
sulphite sludges and carbonates sludges
SW 428 Wastes from wood preserving operation using inorganic salts containing copper, chromium
or arsenic of fluoride compounds or using compound containing chlorinated phenol
or creosote
SW 5 Other wastes
62
APPENDIX L
CHECKLIST OF ACTIVITIES, PROJECTS OR INSTALLATIONS WHICH REQUIRE APPROVAL FROM THE DOE
63
APPENDIX N
1. Environmental - Section 34A, Preliminary EIA Preliminary EIA EIA report whichmeets
Impact Environmental DOE’s requirements
Assessment Quality Act, 1974 DOE State 5 weeks (Section 34A).
(EIA) (Act 127) Offices
64
APPENDIX
APPENDIX NN
Information required
- Information on
65
APPENDIX N
3. Written
Permission
66
APPENDIX
APPENDIX NN
Forms
AP/E/2/INC
- Incinerator
AP/E/1/86
- Fuel Burning
Equipment
AP/E/3P/82
- Generator
AS16D-1
- Scrubber
AS16D-2
- Cyclone
AS16D-3
- Bagfilter
67
APPENDIX N
68
APPENDIX
APPENDIX NN
Scheduled Waste
Treatment and
Disposal Facilities
(Validity 1st May
- 30th April)
Processing period
for :
Licence renewal
1 week for
application by post.
Instant approval
when submitting
the application
in-person at DOE
State Offices.
New licence
2 weeks.
69
APPENDIX N
70
APPENDIX
APPENDIX NN
Basel Convention
on the
Transboundary
Movements
of Hazardous
Wastes.
71