environment laws with a special reference to power sector

7/29/2019 Environment Laws With a Special Reference to Power Sector

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Environment Laws With a

Special reference to Power Sector

http://www.studygalaxy.com/


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Electricity is a clean form of energy only at consumption stage

Process of generating electricity involves considerable

Displacement of people

Health Hazards

loss of forests

Destruction of wildlife &

Considerable damage to environment.

So regulation is required to ensure that environmental concerns aretaken care of for the power sector in particular and for other economic

activities in general


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Legal aspect of Environment

Environment is in concurrent list in 7 schedule of the

constitution.

Both central & the state government can legislate on

subject matter of environment.

Supreme court of India through a judicial pronouncement

recognized Right to Environment protection & clean

environment as a Fundamental right under article 21 of

the constitution.

SC has stated that Right to a clean environment is one

of the fundamental right under Right to life.


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Part 5 ,Directive principles of state policy:The state

shall endeavor to protect & improve the environment&

safeguard the forest & wildlife of the country(Article

48-A).

It is the fundamental duty of every citizen to protect &

improve the natural environment including

forests,lakes,rivers & wildlife & to have compassion for

living creatures.Article 51-A,Part 4-A,42 CA(1976) .


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Environmental Legislation in General &

legislation concerning power sector

General: Environmental (Protection) Act 1986 & Environmental

(Protection) rules 1986.Notifications issued under this act

-Coal Regulation Zone Notification (1991)

-Dhanu Taluka Notification(1991)

-Doon Valley Notification(1989)

-Revdanda Creek Notification(1989)

-Disposal of flyash Notification(1999)


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-Taj Trapezium Notification(1998)

-Ash Content Notification(1997)

-The Environment Impact Assessment ofDevelopment projects notification (1994) as amended in

1997.

Water

-Water (Prevention & Control of Pollution) Act ,1974 &Rules 1975.

-Water (Prevention & Control of Pollution) Cess Act,1977

& Rules 1978.


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Air

-Air (Prevention & control of Pollution) Act,1981,Rules

1982 & Amendment 1987.

Forests & Wildlife-Forests ( Conservation) Act,1980 & Rules 1981.

-Wildlife (Protection) Act ,1972,Rules,1973.

Other Legislation


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-National Environment Appellate Authority Act,1997

-Public Liability Insurance Act,1991

-Factories Act1948,Amendment,1987-National Environment Tribunal Act ,1995

1. Factories Act,1948: India's First post independence law that shows explicit

concern for environment.

Contains a comprehensive list of 29 Categories of

industries involving use of hazardous processes &

chemicals.


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Hazardous substance& process is one which can

impairment to health of a person engaged & result in the

pollution of the general environment.

Factories act after amendment in 1987 & Industries

development regulation act)1957 between them

encompasses almost all of the the industrial processes.

2.Water (Prevention & Control of pollution)Act 1974 & Rules1975. This act was India's first attempt to deal with an

environment issue in a comprehensive manner.


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Water act provides for regulating water pollution through

command & control

Effluent discharge standards are established & persons

whose discharge exceed the standards are subject to fine &

imprisonment( RS 5000 fine or 3 months imprisonment or

both).

CPCB & SPCB were established in 1974 under water

act.

They were supposed to implement water act in centre and

states respectively.


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Later in 1981,when the air act came into force,the powers ofCPCB

& SPCB were expanded to include enforcement ofAIR ACT as well.

Central pollution control board (CPCB):

It has the following Functions

Promotion of clean rivers,streams,wells & other water bodies .

Laying down standards for water & air quality

Ensuring compliance with environment protection acts.

Planning & execution of programs for prevention & control of

air/water pollution.


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State Pollution Control Boards (SPCB): They have functions similar to CPCB but their functional

jurisdiction lies with in their respective states.

3.Water(Prevention & control of

pollution) Cess act 1977: Provides for a levy & collection of cess on water

consumed by schedule 1 industries.

It aims to augment the resources of CPCB & SPCB for

pollution abatement measures.


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Critical appraisal of the Water Act: Water is a subject in state list.The act came into force in 1974.

It was amended in 1974 in 1988 & was brought in tune with Envn.Protection Act 1986.

There is a conflict between the two acts when they both come into play

together.

Section 49 of the act, public can approach court on violation of this act.

State Pollution control boards have to make available reports tocomplaining citizen.

But Under a special discretionary power clause ,SPCBs can refuse to

do so ,if it thinks disclosures would harm Public Interest.


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4. Air pollution ( Prevention & Control of

pollution Act 1981)

Enacted under article 253 of the constitution which givespower to the central government to make laws to

implement decision of international conferences.

The act is enforced by CPCB & SPCB. Although a central act ,executive functions are carried out

in states by the respective SPCBs


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Under this act pollution is sought to be combated by

setting of air quality standards by CPCB & SPCB.

Prohibiting use of pollution causing fuel

Prohibiting use of appliances that lead to air pollution.

Banning use of pollution causing fuel.

Declaration of certain areas as pollution free zones.

SPCB can restrict the operation of certain industrial plants& can issue consent orders on certain prescribed

plants(Necessary for abatement of pollution)


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A person who has obtained consent ,has to install control

equipment.

Section 39-46:Penal provisions,on violation of air act

,there is a 3 months imprisonment or a fine of 10000 or

both.

Continuos violation there will be an additional fine of Rs

5000 every day.

The Air act has been amended in 1987,CPCB & SPCB

have got the power to order closure,stop/regulate the

supply of water,electricity to such industries.


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5.Wild life (Protection ) Act 1972: It empowers the central & state government to declare any

area as a national park or a wild life reserve. There is a blanket ban on carrying out any industrial

activity inside any of these protected areas.

6.Environment protection act ,(1986) : Bhopal gas tragedy .Government of India enacted the EP

act, 1986.

Its an umbrella environmental legislation.


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Provides a framework to the central government to

coordinate various central & state authorities established

under Air act 1981 & Water act 1974.

Important sections of the EPA ,1986

Section 2 gives various definitions.

Section 2 (b) :Environment-Includes water ,air & land &

their interrelationships with human beings,plants,animals,microorganisms & property.


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Section 2 (c) :Environment pollution :Any solid ,liquid

or gaseous substance present in such concentration that

they are injurious to the environment.

Section 2 (d):Hazardous substance: Any substance

which due to its chemical/physiochemical

properties/handling is liable to cause harm to human

beings ,living creatures,plants,microorganisms &

environment. Section 2 (e):Occupier -a person who has control over

factory/industrial premises.


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Section 3: Central Government is

authorized

To Set new national standards for envn. Quality.(Min ofenvn & forests).

To set standards for controlling emissions & effluent

discharges.

To regulate industrial locations.


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To prescribe procedures for managing hazardous wastes.

To establish safeguards for preventing accidents.

To collect & disseminate information regarding envn.pollution

Envn. Standards can be different for different areas &

allowable levels of pollutants should be such that they

protect public health & welfare.

States can also establish more stringent emission

/discharge standards based on the quality of the recipient

system than having uniform standards.


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Section 5: Central government can issue directions in writing too any

officer,authority. Section 6:Ministry of envn. & forest is responsible for

making rules to implement EPA ,1986 & has adopted

Industry specific standards for effluent discharge &

emissions for 24 designated industries.

Thermal power plants are also in this list.


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Section 7:

Emissions/discharge of pollutants in excess of above standards isprohibited.

Section 9:Furnishing of information in cases where dischargeof a pollutant occurs in excess of prescribed standards.

Even where there is an apprehension of such a occurrence owner

should intimate CPCB & SPCB as the case may be & should help theregulator counter it.

All the expenses in undertaking remedial measures are to be recovered

from the polluter.


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Section 10: Power of search & entry given todesignated officers*

This is for determining the infringement of standards &procedures under EPA 1986.

Section 11:Power to take samples of air ,water ,soil &any other substance from /near the factory premises.

Section 12: Samples collected are sent to the notifiedlab for analysis.

* Chairman ,members or a designated officers of CPCB,SPCB.


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Section 15: Penal provision provides for a termextendable upto 5 yrs / fine of 1 lakh or both.

In case of repeated offences there can be additional fine ofRs 5000 for each day of violation.

Section 18: Protection of action taken in good faith.

Section 19 ( Citizen suit):Court can takecognizance of a complaint made by Central govt.,State

govt. or an authority or even a citizen who has given

atleast 60 days notice.


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Environment Laws & Power Sector

Several notifications have been issued under the EPA 1986,which

relates to power sector.

1 Coastal Regulation Zone Notification or CRZ 1991 :

The central government has declared coastal stretches of seas,bays,estuaries,creeks,rivers & backwaters & backwaters on both side

of high & low tide line as coastal regulation zone.

Dumping of flyash or any wastes from thermal power plants in the

CRZ is prohibited.

Thermal Power Plants require environment clearance from MOEF,for

intake of cooling water& for discharge of wastewater in CRZ.


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2 Dhanu Taluka Notification(1991):

Dhanu taluka in district thane in Maharashtra has been declared as

ecologically fragile & thermal power plants are not permitted to be set

up there.

3 Doon Valley Notification:

This prohibits setting up of any thermal power plant or any industry in

Doon area where daily consumption of coal is more than 24 Mt/day.

4 Revdanda Creek Notification(1989): No industries & power plants can be setup near Revdanda Creek & one

km on either side of it.


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5 Taj Trapeium notification (1998):

Under this notification,geographical limits of the Taj Trapezium hasbeen defined between 26 d 45N & 77 d 15& 27 d 45N & 77 d 15

around the Tajmahal.

No power plant can be set up in this limit.

A Taj Trapezium pollution( Prevention & control ) authority has been

set up under this act.This will ensure that Taj is protected from all

harmful effluents & pollutants.

Disposal of flyash notification (1999):

Salient features of this notification are :

Every coal/lignite based power plant shall make available ash for

atleast 10 years,free of cost,for the manufacture of ash-based products.


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No body with in a radius of 50 km from coal based TPP can

manufacture clay bricks and tiles without using atleast 25% of flyash.

New power plants will get envn. clearance,only if it submits &

implements successfully a plan for the full utilization of flyash. Central & state government,SEBs,NTPC & the management of of the

thermal power plants shall facilitate full utilization of fly ash.

PWD ,Housing boards shall increasingly use fly ash for the

manufacturing & construction activities.

All local authorities shall specify in their respective building bye laws& regulations the use of fly ash & ash based products.


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6 Ash content Notification(1997):

Following is a list of thermal power plants which shall use beneficated

coal with an ash content ,not exceeding 34%:

TPP located beyond 1000 km from the Pithead.

TPP located in an urban area,sensitive area or critically polluted

area,irrespective of its distance from the pit head.

7 The environment Impact Assessment Of development

Projects Notification(1994): Earlier obtaining an envn.clearance from MOEF was only an

administrative requirement.But now it is mandatory & a statutory

requirement to obtain envn. clearance for 29 activities in Schedule 1 of

this notification


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Thermal & hydro plants come in this schedule.

There is two stage clearance for site specific projects like pit head

thermal power plants & river valley projects

Thermal power plants clearance:

Stage 1: It involves site clearance.No tight framework but siting is

decided on the merits of the case..Some predefined norms are how

ever there which are applied for all siting of all thermal power plants

The site /chimney should not fall with in the approach funnel of the runaway of the nearest airport.


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The site should be atleast 500 meters away from the flood plains of

riverine systems.

The site should be atleast half a kilometer away from high ways & the

main railway line. EIA should focus on the environment impact of TPP on

-Metropolitan cities

-National parks & wild life sanctuaries

-Ecologically sensitive areas like tropical forests,biosphere reserves &

coastal areas.

-Defense installations

-Archaeological sites of national importance


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Stage 2:Follows Site Clearance & submission of EIA report Description of site, site map

Land requirements, No objection certificate from State Forest

Department if forest land involved

Rehabilitation plan for displaced people

Consent to establish from SPCB (regarding effluents and emissions)

Report on impacts on the environment during construction

Collection of ambient air quality and meteorological data Report on hydrology and water quality


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Report on occupational safety and health

Details of transport and handling of raw material

Report of impact on sensitive terrestrial targets

Post commission requirements: After the thermal power plant has been commissioned the following

facts are relevant

Provision for disposal of solid wastes (fly ash)

Carry out the rehabilitation of the displaced population

Monitor emissions and effluents & obtain consent to operate under the

Water Act, Air Act.

Comply with the standards laid down CPCB/SPCB,


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Apply for renewal of consent after expiry of specified period

Submit water cess return at regular intervals to SPCB

Submit an environmental statement to SPCB every year

Precautionary measures for occupational health and safety Preparedness for emergency situations

Provide for green belt of 50-1000 m

Hydro power Plants:

While identifying a site for a hydroelectric power plant and making anEIA report,the following are considered:

Location aspects

Impact of the project on biodiversity


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Impact on archeological/religious sites

Catchment area and treatment of degraded catchment

Pre-impoundment census of endangered biodiversity

Impact on land use pattern, mineral resources, groundwater level, Impact on living conditions of affected people in the submergence area

Approval from the state forest department if forest areas involved

Physical aspects

Possibility of occurrence of landslides on periphery of reservoir Siltation

Potential seismic impact


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Expected water quality over time and impact of the same on

biodiversity

Resource linkage Aspects

Loss of optional land use Mineral deposit loss

Forest reserve/biodiversity loss

Monuments inundated

Socio-cultural aspects Population displacement

Resettlement dynamics


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Public Health Aspects

Issue of new health problems or vector patterns that may arise due to physical

Change factors caused by water impoundment

Cost Benefit Analysis For compensatory afforestation

Restoration of land in construction areas

Control of aquatic weeds in submerged area .

Measures to salvage endangered species/monuments

Public health measures Catchment area treatment/soil conservation measures

Rehabilitation and resettlement of affected people


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After the project is given Envn.Clearance a set of recommendations are

given by an appraisal committee.

Project authorities have to submit semi annual compliance reports to

MOEF.Cases of non compliance are brought to the notice of ministryby its appraisal committee for appropriate action.

Miscellaneous Provisions:

Under the water act ,the EIA for setting up of a thermal power plant

is to include the details of the source & total requirement of water

required for the plant.,cooling tower & the colony. Stringent standards have been prescribed for discharge of hot water

into the downstream water bodies.

Very strict monitoring of temperature of the water bodies is done.


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UnderAir act,we measure ambient air quality(Sox,Nox & SPM

levels) before establishing the plant .

We measure ambient air quality after the project is operational.

CPCB & SPCB monitors it & can issue directions to the managementto take steps for the reduction of pollution levels.

CPCB/SPCB prescribes standards for stack height of thermal power

plants.

Under the forest act 1980,prior concurrence of MOEF has to be

obtained for laying down transmission lines in a forest area A blanket ban exists on setting up of power plants in forested areas

,wild life sanctuaries & national parks except under some very special

circumstances ,in which central government has discretionary powers.


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Draft policy for sustainable energy generation (MOP,GOI 2002):

Environmental impact assessment prior to investment decisions and

site

Selection & choice of practicable clean technologies for energyproduction, and waste utilization, treatment and disposal of solid

wastes,effluents and emissions;

Location of energy generation projects based on environmental

considerations including pollution, displacement of people and loss of

biodiversity


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Decentralize small projects for meeting rural energy needs

incentives for use of non-conventional energy sources;

Incentives and measures (including proper pricing) to prevent abuse

and to promote the use of energy efficient devices in the production and

distribution systems and for energy conservation in all sectors

including households, agriculture, industry, power and transportation;

Concerted efforts for development and propagation of non -

conventional ,renewable energy generation systems, and Setting up of biogas plants based on cow dung, human excreta and

vegetable wastes.


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India Moves Ahead

The following Envn. Friendly Principle have been Recognized by

Supreme court in its land mark judgements.

Polluter Pays Principle: Polluter of Environment must Pay for

Cost of pollution abatement

Cost of Environment recovery

compensation costs to victims of damages if any

Precautionary Principle:If consequences of an action are unknown & uncertain but if some

reputed scientists & environmentalist think that the consequences can

be negative,than it is desirable not to carry ou that action.


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Innovative Solutions

Imposition of Carbon tax

Imposition of Emission Tax

Ex. Emission Tax on Sox,Nox & SPMs

Such taxes exist in Sweden,Norway & Denmark

environment laws with a special reference to power sector

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