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MONITORING COMPLIANCE OF
ENVIRONMENT / CRZ
CLEARANCE CONDITIONS -
A NEW APPROACH
JULY 23, 2010
Ministry of Environment & Forests
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Structure of Presentation:
• Context
• Regulatory Framework
• Present system of Monitoring: An Analysis
• Compliance of EC conditions: An Analysis
• New Approach to Monitoring EC Compliance
• Way forward
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Context:
A Committee was constituted on 14th
December, 2009 under the Chairmanship of AS(JMM) to examine the issues relating to monitoring of projects in light of inputs like Prof. Swaminathan Committee Report, 2009 and EIA 2006.
The ensuing presentation is based on the deliberations of this Committee
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Present Regulatory System
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Water (Prevention & Control of Pollution) Act 1974
•Consent to establish and Consent to Operate are granted by SPCB/PCC
•Effluent standards as evolved by CPCB/SPCB and notified
by MoEF under EP (Act) 1986 are prescribed in consent order •Consent conditions are monitored by R.O/Z.O of SPCB/PCC
periodically •Industry is also supposed to monitor (on his own or through
recognized laboratory) and submit compliance report to SPCB/PCC respectively
•Z.O of CPCB also undertake on selected/random basis
monitoring of industries in case of 17 categories of highly polluting industries
•SPCB/PCC/CPCB also monitors performance of CETP’s
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Air (Prevention & Control of Pollution) Act, 1981
•Consent to establish and consent to operate are granted by
SPCB/PCC •Emission standards as evolved by CPCB/SPCB and notified
by MoEF under EP (Act) 1986 are prescribed in Consent
order •Consent conditions are monitored by RO/ZO of SPCB/PCC
periodically •Industry is also supposed to monitor (on his own or through
recognized laboratory) and submit compliance report to SPCB/PCC respectively
•Z.O of CPCB also undertake on selected/random basis
monitoring of industries in case of 17 categories of highly polluting industries
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Environment (Protection) Act, 1986:
This is an Umbrella Act to deal comprehensively
with the issues relating to environment inter-alia;
water, air and land and the inter relationship which
exists among and between water, air and land and
human beings, other living creatures, plants, micro-
organism and property.
It provides for penalty for contravention of the
provisions of the Act and the Rules, Orders and
Directions under the Act.
The compliance provision is built into the Rules
under the Act.
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Hazardous Waste Management Rules, 1989/2008
•Under these Rules, industries which are
generating Hazardous Waste are supposed to take
Authorization from SPCB/PCC respectively
•Transport, Storage and Disposal Facility (TSDF)
have been set up in different States for disposal of
Hazardous wastes
•Performance Monitoring of TSDF / Incinerator is
responsibility of SPCB/PCC.
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Environment Impact Assessment Notification, 2006 and CRZ Notification, 1991
•Category ‘A’ projects, environmental clearance by
MoEF; Category ‘B’ projects, environmental clearance
by State Environmental Impact Assessment Authority
(SEIAAs)•Compliance Monitoring of environment clearance
conditions by Regional Offices of MoEF and in some
cases jointly with ZO of CPCB
•Permission under CRZ Notification at Central level
and State level depending on the nature and size of the activity
•Violation of the CRZ Notification are monitored by
ROs of MoEF/ SCZMAs
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Present System of Monitoring:An Analysis
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Present System of Monitoring
6 Regional Offices of MoEF monitor the
compliance of conditions stipulated in
environment / CRZ clearance
Violations of CRZ Notifications monitored by
NCZMA & SCZMAs
Six-monthly reports submitted by the
proponents are also analysed
Consent conditions under Water and Air Act
are monitored by the respective SPCBs /
UTPCCs.
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Limitations in Existing System of Monitoring:• Effective monitoring of all conditions not done
• No Lab facilities in the ROs of MoEF
• ZOs of CPCB/ROs of SPCBs are engaged in monitoring of pollution control conditions and not all Environmental Clearanceconditions
• Monitoring by SCZMAs does not meet the challenges involved
• Private Lab (Third party) monitoring results are unreliable
• Self monitoring by industries is not very effective
• Monitoring / compliance data are not posted on MoEF/SPCB/industry website; therefore lack of transparency
• Shortage of trained skilled manpower in ROs of MoEF, ZOs of
CPCB, ROs of SPCB/PCC for compliance monitoring
• EP Act as it exist today is neither deterrent nor punitive enough.
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Compliance of EC Conditions: An Analysis
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Classification of Conditions:
The EC / CRZ conditions may be classified based on project cycle i.e.
Pre-construction Phase
Construction Phase
Operation Phase
Post Operation / De-Commissioning Phase.
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Pre-Construction & Construction Phase:
The EC conditions during pre-construction
and construction phases are such which may
essentially require physical monitoring only.
In case of projects relating to Construction
Sector, Highways, River Valley and Hydro
Electric Projects, Ports, most of the impacts
will be during construction phase and hence
rigorous monitoring of EC conditions would
be required during this phase.
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Operation Phase:
In case of Industrial Projects such as
Chemical Industries, Metallurgical Industries,
Thermal Power Projects etc., the maximum
impacts will be during their operation phase
due to emissions and discharges, which need
to be monitored and kept under control. It
would also need to ensure that recycling and
reuse is practiced for optimisation of resource
utilisation and waste minimization and
mangagement. Monitoring of EC conditions in
such projects during operation phase will be of
utmost importance.
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Post Operation / Closure:
The post operation / closure phase is very
significant in certain category of projects such
as Mining Projects, Nuclear Power Projects
and TSDF Projects. Unless due care is taken
during this phase, these projects have
significant potential to adversely affect the
environment including human population.
Monitoring of EC conditions in such projects
during this phase of project cycle would be
very much desirable.
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New Approach to Monitoring EC / CRZ Compliance
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Elements of New Approach:• Synergy of available resources in terms of
manpower, laboratory facilities etc.
• Involvement of specialized Agencies /
Institutions in monitoring EC compliance
• Transparent self monitoring by project
proponent
• Enhancement of penalty
• Use of IT/Space technology for inter-agency
coordination, putting information in public
domain and check CRZ violations.
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Synergy of Available Resources:
The technical manpower and the laboratory
facilities available with the CPCB / SPCBs
may be made use of in monitoring
compliance of EC conditions. The conditions
relating to compliance with the emission and
discharge standards by various industries
could very well be monitored by the
respective SPCBs / UTPCCs.
Third party monitored data could also be
cross checked by SPCBs for their reliability
and authenticity.
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Involvement of Specialized Agencies / Institutions:
The various identified specialized institutions may be involved in monitoring compliance of EC conditions in respective areas
Area Possible Institutions
Physical Monitoring during pre-construction and construction phase
ROs of MoEF
Air Pollution, Water Pollution, compliance with emission/discharge standards, Hazardous Waste Management
CPCB, SPCBs / UTPCCs
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Area Possible Institutions
Green Belt / Plantation / Compensatory Afforestation, Catchment Area & Command Area Development, Biodiversity Conservation
ICFRE, FSI, ICAR, WII, Central Soil and Water Conservation Research and Training Institute
OB / Tailings ManagementMine Closure PlanMine Safety
IBM, Central Mining Research Institute, Indian School of MinesDGMS
Energy EfficiencyBuilding Layout, Rainwater Harvesting and other conditions for construction projects
BEESchool of Planning and Architecture
Radioactive PollutantsNuclear Waste Management
Health Physics Division,Environmental Surveillance Labs, BARCAERB
Marine / Oceanography related issues and CRZ Issues
NIO, Goa, NIOT, Chennai, NCSCM,SAC, Ahmedabad and SCZMAs
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Transparency in Self Monitoring by PP:
The project proponent should ensure
compliance with the stipulated EC conditions
with the help of in house team of experts.
The status of compliance should be reported to MoEF and its ROs, CPCB, SPCB and also put
on the website of the Company, display board
at a prominent place near the main gate
Each unit should identify a senior person, both
at plant level and company level, who will be liable for non-compliance, analogous to mines
manager under Mines Act.
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Enhancement of Penalty:
• Quantum of Penalty for non-compliance of
the EC conditions may be sufficiently be high
and there should be no ceiling for very
serious offences.
• Serious offences should be cognizable by
police and non bail-able.
• Process of penalty should be swift and
prompt in terms of payment of penalty.
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Use of IT / Satellite Technology:
• Use of IT may be made for enhanced interaction and coordination among various Regulatory Agencies.
For the purpose, the compliance reports may be put
on the website and updated regularly based on the compliance status provided by the proponent as well
as by the monitoring agencies
• Action taken or proposed by Govt. Authority or Courts
should also be in public domain.
• Use of satellite imageries for pollution monitoring and
CRZ encroachments / violations.
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Format of Reporting:
The monitoring report should focus on:
Availability of all the requisite statutory clearances for the project
Compliance with the notified emission and discharge standards
Compliance with the physical conditions
Compliance with the conditions required to be implemented pari passu with the project and the slippage, if any.
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Post Monitoring Actions:
Depending on the degree of non-compliance and its severity, actions could be:
Persuasive and
Punitive
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What will it involve?
Strengthening of Regional Offices of MoEF, CPCB and SPCBs
Discussion with the identified institutions to decide on the details of the work and procedure to be followed
To develop a mechanism for funding these
institutions
Delegation of powers to these institutions under
Section 5 of EP Act.
Amendment to EP Act to enhance the penalty for
non-compliance
Innovative methods of involving various stakeholders
such as Industry Associations, NGOs and Civil Society.
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Way Forward:
The draft approach paper of the Monitoring
Committee which is almost ready will be put
on the website of the Ministry for seeking
comments of all Stakeholders for about a
month and thereafter the report will be
finalized and action taken accordingly for
strengthening the compliance monitoring
mechanism.
The above suggested approach will apply
irrespective of whether Apex Body for
monitoring is MoEF or NEPA
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3030
Thank YouThank YouThank YouThank You