ENVIRONMENT LEGISLATION IN INDIA
N.K.VERMA,Additional Director,
Central Pollution Control Board
POLLUTION CONTROL ACTS RULES AND NOTIFICATIONS IN INDIA
(10)
The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act,
1986
(Next Page)
The Public Liability Insurance Act, 1991
The National Environmental Tribunal Act, 1995
The National EnvironmentalAppellate Authority Act, 1997
(01) (02) (03) (04) (05) (06) (07)
(011)
The Rules,1975
(012)
Procedure for Transaction of Business Rules,
1975
(0111)
• Constitution of Appellate Authority• Delegation of powers to Union Territory (UT)• Central Water Laboratory
(032)(031)
Air Rules,1981
(0311)
• Declaration of air pollution control areas• Constitution of appellate authority• Fee for analysis
Air Rules,(UT)1983
(021)
Cess Rules,1978
(051) (061) (071)
Rules, 1991 Nil AppellateRules, 1997
RULES AND NOTIFICATION UNDER E (P) ACT
E (P) ACT
(O4)
041(Key Rules)
Pollution Control049
Waste (Management and Handling) Rules
E(P) Rules, 1986
• Authorized inspection• Authorized persons to take sample• Delegation of powers• Emission standards• Ambient noise standards• National ambient air quality standards• Vehicular emission standards• Handling of azo dyes• Coastal regulation zone• Doon valley regulation zone• Dahanu regulation• EIA notification
Noise Pollution 042 Hazardous waste, 1989
043 Bio-medical waste, 1998
044 Municipal solid waste, 2000
045 The Batteries Rules, 2001
Products Chemical and Accidents
044 The Ozone Depleting substances, 2000
045 the Recycled Plastics Manufacture and Usage Rules, 1999
046 The Bureau of Indian Standards Certification Regulation, 1997
045 Eco-Mark Scheme, 1991
046 The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
047 The Chemical Accidents (Emergency planning, Preparedness and Response) Rules, 1996
048 The Manufacture, Use, Import, Export, Storage of Hazardous Microorganisms Genetically Engineered Organisms or Cells Rules, 1989
HIGHERCHIAL ORDER
ACTS
NOTIFICATIONRULES RESOLUTION
SUB RULES
STRUCTURE OF ACTS Preamble
Short title
Definition
Authority and Organization
Relation of Government and Organization
Power of Organization
Function of Organization
Penal Provision
Appellate and Appeal
Cognizance of offence
PLAYERS OF THE RULE OF POLLUTION CONTROL
Polluter – Generator of Pollution
Pollute – Victims of Pollution
Regulator – Referee
REGULATORS
• CENTRAL GOVERNMENT
• STATE GOVERNMENT
• CENTRAL POLLUTION CONTROL BOARD
• STATE POLLUTION CONTROL BOARD/COMMITTEE
INTER AUTHORITY NETWORKPARLIAMENT
CENTRAL GOVERNMENT
Concerned Ministry
Central Board
ACTS
RULESBILL
ACTS
RULES
FORMATIONDIRECTIONFUNDSUPERSEDE
ADVICE
StateBoard
StateGovernment
State Assembly
INFORMATION
DIRECTION
DIRECTION
FORMATIONDIRECTIONFUNDSUPERSEDE
ADVICE
BILL
BILLRULES
FUNCTIONS OF THE CENTRAL BOARD
Advise the Central Government on any matter concerning the prevention and control of water and air pollution and the improvement of the quality of the air;
Plan and cause to execute a nation-wide programme for the prevention, control or abatement of water & air pollution;
Coordinate the activities of the State Boards and resolve disputes among them; provide technical assistance and guidance to the State Boards, carry out and sponsor investigation & research relating to problems of water & air pollution and for their prevention, control or abatement;
Plan and organize training of persons engaged in programmes on the prevention, control or abatement of water & air pollution
Organize through mass media, a comprehensive mass awareness programme on the prevention, control or abatement of water & air pollution.
Collect, compile and publish technical and statistical data relating to water & air pollution and the measures devised for their effective prevention, control or abatement; prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents as well as for stack gas cleaning devices and stacks of ducts;
Disseminate information in respect of matters relating to water & air pollution and their prevention & control;
Lay down, modify or annual, in consultation with the State Government concerned, the standard for stream or well and lay down standards for the quality of air; and
Perform such other functions as may be prescribed by the Government of India.
CONTINUED
FUNCTIONS OF THE STATE POLLUTION CONTROL BOARD
Advice the State Government with respect to suitability of any premises or location for carrying-out any industry which is likely to pollute a stream or well or cause air pollution
Lay down standards of treatment of sewage and trade effluents for emission of automobiles, industrial plants or any other polluting sources.
Evolve methods of disposal of sewage and trade effluents on lands.
Develop reliable and economically viable methods for treatment of sewage, trade effluents and air pollution control equipment.
Granting consent to polluter under the Water & Air Act, and authorization to facilities for disposal of hazardous waste, bio-medical waste under the respective Rules of E(P) Act, after getting satisfied of the performance of their control facility.
To inspect water and wastewater treatment installation, air pollution control devices, hazardous & bio-medical waste development facilities.
Assess the quality of ambient water & air
POWERS OF POLLUTION CONTROL BOARDS.
NO.POWERS WATER ACT AIR ACT HAZARDOUS WASTE
MANAGEMENT RULES
1 To obtain information Section 20 Section 25 Section 20 of E(P) Act
2 To take sample Section 21 Section 26 Section 11 of E(P) Act
3 To entry & inspection Section 23 Section 24 Section 10 of E(P) Act
4 To grant consent / authorization
Section 25/26 Section 21 Section 5
5 To withdrawal consent / authorization
Section 27 Section 21 Section 6
6 Powers to carryout some work
Section 30 Section 22 --
7 Emergency (remedial action)
Section 32 Section 23 Section 9 of E(P) Act
8 Powers to restrict through courts
Section 33 Section 22 A
Section 16
9 Power to give directions Section 33 A Section 31 A
Section 5 of E(P) Act
10 Power to declare pollution control area
Section 19 Section 19 Section 5 of E(P) Act
11 Power to ensure standard from automobiles
-- Section 20 --
STRATEGY, MECHANISM, RULES GAME IN POLLUTION CONTROL
OBJECTIVE AND APPROACH
Control of pollution at the source to the maximum extent possible with due regard to techno-economic feasibility.
Utilization of assimilative capacity and dispersibility of the natural system to minimize investment to pollution control sources
Maximization of reuse/recycle of sewage and trade effluent on land for irrigation and for industrial purpose after appropriate renovation.
Minimization of pollution control requirement by judicious location of new industries and relocation of existing industry wherever necessary
Sweetening of off-gases either by installation of pollution control equipment or recovery of raw materials or thermal destruction of toxic gases.
Efficient methods for collection and disposal of hazardous/biomedical / municipal solid waste.
STANDARD – A TOOL FOR POLLUTION CONTROL AT SOURCES
THE SOURCE
EMISSION STANDARDS
PRODUCT STANDARDS
PRODUCT
SOURCE
PRODUCTQUALITYCONTROL
EMISSIONCONTROL
EMISSION
PROCESSSTANDARDS
SINK
DISPERSION
ENVIRONMENTAL QUALITY GOALS & STANDARDS
TRANSFORMATION
THE ENVIRONMENT THE TARGET
BIOLOGICALSTANDARDS
RESIDUE STANDARDS IN TISSUE
METABOLISH
INTERIOR
SURFACE
ABSORPTION
EXPOSURE(PRIMARY PROTECTION
STANDARDS)
EXCRETION
THE POLLUTANT PATHWAY SHOWING POSSIBLE POINTS AT WHICH STANDARDS MAY BE SET (HOLDGATE, 1979)
SCIENTIFIC DOMAIN
RISK DOMAIN
ECOLOGICAL CRITERIA
HEALTH CRITERIA
GEOLOGICAL CRITERIA
TIME
EXPOSURE
NATIONAL HEALTHAND ECOLOGICAL
FRAGILITY
ENVIRONMENTAL CRITERIA
RISKASSESSMENT
ENVIRONMENTAL •OBJECTIVE•GOAL•STANDARD
ASSIMILATIVE CAPACITY
TECHNICALCAPABILITY
SOCIO ECONOMICCAPABILITY
EMISSIONEFFLUENTSTANDARD
ENGINEERING
TECHNOLOGY
TECHNICAL DOMAIN
SOCIALAWARENESS
ECONOMICALCAPABILITY
SOCIALDOMAIN
ENVIRONMENTAL QUALITY OBJECTIVE, CRITERIA, STANDARD RELATIONSHIP
PRODUCT DESIGN
MANUFACTURING PROCESS
TECHNOLOGYOPERATING PRACTICE
LIMITS ON RELEASE INTOAIR & WATER
•BANNING THE PRODUCTS•BANNING THE USE OF SUBSTANCE FOR •CERTAN PRUPOSE•ENCOURGING GREEN PRODUCT •(ECO MARK)
•INTRODUCTION OF 4 R CONCEPT (RECYCLING, •RENOVATION, RECHARGE, REUSE)•AVOIDING SPILLS•INTRODUCTION TO CLEAN TECHNOLOGY•STORAGE OF OPTIMIZATION•OFF – SITE PLANNING
•BEST PRACTICABLE MEANS (TECHNOLOGY)•BEST AVAILABLE TECHNOLOGY
FINANCIAL IMPLICATION
LIMITED SCOPE FOROLD INDUSTRYMULTIPLICITY OFDEPARTMENTSINVOLVED
DISCOURAGE CLEAN TOCHNOLOGYASSIMILATIVE CAPACITYNOT CONSIDERED
STANDARDS
DIMENSION OF STANDARDS
PHILOSOPHY OF MINASUniversally two MODELS are considered to EVOLVE STANDARD
MODEL – I Location Specificity• Water quality criteria of ambient water specified• Quality of discharge does not alter the ambient water quality criteria
The model is abandoned as it is difficult to administer, in location where more Than one polluters are discharging their Effluent in the event of altered quality Of Waters it becomes difficult to identify the Violator
MODEL II Industry Specificity
•Techno Economic Feasibility
The Advantage is that within a specific group of industries the extent of pollution Control measures are alike. In addition, these Standards serve to Preserve the Environmental Quality in non polluted area without modification.
DISADVANTAGE: The discharge does not relate to actual Environmental situationof the specific Site.
MINIMAL REQUIREMENT OF MINAS
AIM OF WASTE WATER MINI: OF
EMISSION MINI: OF
•PATHOGENS •PARTICULATE MATTER
•TOXIC SUBSTANCES •GASEOUS
•COLLOIDAL & DISSOLVED ORGANIC SOLIDS
•TOXIC
•MINERAL OILS
•ADJUSTMENT OF pH
Each Pollutant removal need unit operation. Combination of Unit operation defines cost factor termed as ANNUAL BURDEN which differs industry to industry. Annual Burden to annual Turn over ratio is determining factors of MINAS.
MINAS thus evolved need to be turned at location (not relax, but stringent) by SPCB. To make MINAS Location specific
CPCB
MODEL IIINDUSTRYSPECIFICITY
MODEL - ILOCATIONSPECIFICITY
CPCB
SPCB
At National level, Industry Specific Standard is evolved with minimal requirement with due regard to economic feasibility termed as MINIMAL NATIONAL STANDARD (MINAS)
O
O
O
INPUT N,J,C, SC EQs, Abs, AT
J = 1
ESTMATE AB P= AB/AT N - J
J = J+1
P -SCSOFT INDUSTRY
MEDIUM HARD INDUSTRY
PRINT AS MINAS
EVALUATE EQ IS IT AT NATIONAL LEVEL
PROVIDE LD
1 - JEQ - WQLJ = J - 1
PRINT AS LOCATIONSPECIFIC EQ
P - C
O
O
YES
NO
PRINT POLLUTER CAN’T COME THERE
HARD INDUSTRY
FLOW DIAGRAM DEPICTING METHODOLOGY FOR DEVELOPMENT OF STANDARDS
MINIMISATION OF MAXIMUM EVIL
(MINIMAX)
LOCATION SPECIFICITY
VS
MAXIMISATION OF MINIMUM EXPECTATION
(MAXMINI)
INDUSTRY SPECIFICITY
CONSENT MECHANISM
WHO NEEDS CONSENT UNDER AIR ACT
START
Is it emitting any air pollutant
Is it in air pollution control area
Is the emission conform the standards
Consent rejected restrict operation
Do appeal to Appellate Authority
Is appeal rejected
Do it as per direction
Consent granted
No No need for consent
Yes
Yes Restriction of operation continues
THE AIR ACT, 1981
Obligations
Furnish information sought by PCB
Provide access to PCB for sampling, inspection or seizure of any document or material object
Not to emit non-conforming emissions
Inform PCB of non-conforming emissions
Comply with written directions of PCB, including:
Closure, prohibition or regulation of industry, operation or process
Stoppage or regulation of electricity, water or any other services
Comply with consent conditions
WHO NEEDS CONSENT UNDER WATER ACT
START
Is it dischargeTrade effluent
Is it discharge sewage
No need for consent
Apply for consent
Does it conformstandard
Consentgranted
STOP
Consent rejectedclosure
Is the decision acceptable
Go to appellate
Is the appeal rejected
Do it according to decision
NO
NO
YES
YES
YES
NO
NO
NO
YES
YES
Closure prevails
THE WATER ACT, 1974
Obligations
Furnish information sought by PCB
Provide access to PCB for sampling, inspection or seizure of any document or material object
Not to discharge non-conforming discharges
Inform PCB of non-conforming dishcarges
Comply with written directions of PCB, including:
Closure, prohibition or regulation of industry, operation or process
Stoppage or regulation of electricity, water or any other services
Comply with consent conditions
THE WATER CESS ACT, 1977
Obligations
Pay water Cess
Pay interest in case of delay
Pay penalty for non-payment of Cess
Affix meters
Provide access to PCB
WHO NEEDS AUTHORIZATION UNDER HW (MANAGEMENT & HANDLING) RULES, 1989
START
Do you generate hazardous waste and having a facility of any one of the collection, treatment, transportation,
storage and disposal facility
Do you generate hazardous waste
Do you operate facility for collection, reception, transport, storage and disposal facility
No need for authorization
Is SPCB satisfied
Authorization granted Closed
YES
YES
YES
Apply authorization
for SPCB
Reapply again till
NO
NO
NO
NO
YES
THE HAZARDOUS WASTES (M & H) RULES, 1989
(AS AMENDED ON MAY 20, 2003)
Schedule – 1 : List of hazardous wastes(36 processes)
Schedule – 2 : List of waste substances with concentration limit
Schedule – 3 : List of wastes applicable for imports and exports
Schedule – 4 : List of non-ferrous metal wastes applicable for registration of recyclers
CONTINUE
Schedule – 5 : Specifications for used oil suitable for re-refining
Schedule – 6 : Specifications of waste oil suitable for recycling
Schedule – 7 : List of authorities and corresponding duties
Schedule – 8 : Hazardous wastes prohibited for import and export
THE HAZARDOUS WASTES (M & H) RULES, 1989
Obligations
Ensure proper collection, reception, treatment, storage & disposal
Ensure packaging, labeling and transportation as per provisions of the Motor Vehicles Act, 1988
Establishing TSDF:
Identify site.
Undertake EIA and submit to SPCB.
SPCB to conduct public hearing.
SPCB to forward to State Government the project report, EIA report, details of public hearing and its recommendations within 30 days of public hearing.
(AS AMENDED ON MAY 20, 2003)
State Government to complete the assessment and convey its decision within 60 days.
State Government to acquire the site or inform occupier/ operator to acquire .
State Government to notify such sites; to compile and publish periodically an inventory of such TSDF.
Acquire the site, get the design and layout of the facility approved by SPCB .
CONTINUE
CONSENT CONDITIONS (CONSENT TO OPERATE)UNDER SECTION – 25/26 OF THE WATER ACT
1. Quantity of effluent2. Quality of effluent3. Validity of consent4. Consent for outlet5. Disposal specificity
UNDER SECTION – 21 OF THE AIR ACT
1. Using approved fuel ‘declared under Section 19’2. Control equipment3. Chimney height4. Validity of consent
UNDER SECTION –5 OF THE HAZARDOUS WASTE MANAGEMENT RULES
1. Collection2. Reception3. Treatment4. Transport5. Storage6. Disposal
IMPLEMENTATION
POLLUTER, POLLUTE, REGULATOR RELATIONSHIP
REGULATOR
COMMON FACILITATOR
POLLUTER
COURT
APPELLATE
POLLUTESeek
Consent
Grant Consent
Direction
Complain
Grant Consent
SeekConsent
DirectionSeek information
Appeal
AppealComplain
Appeal
Complain
REGULATION
LAW
ENFORCEMENT FREEDOM
BARBARISM DIRECTIONLESS
CONTRADICTION
PAPER
DESPOTISM ANARCHISM
REGULATION – THEORY & PRACTICE
DIMENSIONS OF LAW
LAW
REACTIVE
PROACTIVE
COMMANDCONTROL
SELFREGULATION
NORM
CONSENT
VIGILANCE
ENVIRONMENTALAUDIT
TECHNICALUPGRADATION
TRANSPARENCY
SOCIAL EXPECTATION
TC
TC
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
H
L
LOW
CRITICAL
HIGH
HIGH
LOW
HIGH
HIGH
HIGH
H
HL
L
H
H
L
L
RISK FACTORCOMBINATORIAL TREE
TC – Technical CapabilityEC – Economic Capability
FACTOR INFLUENCE POLLUTION CONTROL ENFORCEMENT
FACTOR INDIA WESTERN COUNTRIES
Social awareness Low High
Reasoning process Fuzzy intuitive Binary (Yes/No) Scientific
Codification Low Highly codified standardized
Administration Semi feudal semi colonial reactive
Democratic open, proactive
Data base Low High
Agreement Low regard (Rational fool)
High regard
Technology Good Very good
Engineering Non-standardize Highly standardized
Auditing and self evaluation
Low seriousness Highly seriousness
Economic condition Mixed High
Irrationality is the square root of all evil
Douglas Hofstadter