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