ENVIRONMENTAL REGULATION IN INDIA:ISSUES AND CHALLENGES

Ministry of Environment and ForestsGovernment of India

31st August, 2010

STRUCTURE OF PRESENTATION

Environmental Challenges Air Pollution issues Water Pollution Issues Innovations in environmental regulation Strengthening and Management issues Key Questions & Working Group Strategy

CHALLENGES

• Pressures on Environment Due to Economic Growth, Infrastructure Development, Urbanization and Changing Life Styles

• Promoting Intersectorality and Integrating Safety, Health and Environment

• Institutional Reforms to Keep Pace with Legislation

• Enhancing Institutional Capacities and Strengthening Implementation

• Mainstreaming Science Based Approach• Appropriate Technological Applications • Balancing Environment & Development

STATUS OF POLLUTION IN INDIA

Trends in pollution• Levels of SO2 and lead in ambient air : decreasing • PM10 beyond norms in majority of cities and NOx is the emerging pollutant• Medium level cities are front runners in air pollution• Number of polluted river stretches increasing

Database Issues• 43 Critically Polluted Industrial Clusters Identified :REFINEMENT• 17 categories of highly polluting industries & grossly polluting industries shortlisted: GAPS IN

DOCUMENTATION & REPORTING• Red/Orange/Green categories : NEED FOR HARMONISATION

Status of Compliance• 17 categories: compliance 71%; GPI: compliance 68% - INTEGRITY OF DATA TO BE ENSURED• SSI Compliance-- STATUS NOT ASSESSED: 70% of pollution load

Status of Industrial Pollution in the Country has to be delineated clearly : Right Now

Annual Average of RSPM In Four Mega CIties

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Annual Average of NO2 in Four Mega Cities

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Delhi Mumbai kolkata Chennai NAQS

Res. Delhi: PM10

Transport20.5%

DG Set12.3%

Domestic9.4%

Road Dust14.5%

Garbage Burning15.0%

Industries6.3%

Construct.22.0%

SOURCE APPORTIONMENT STUDIES FOR PM10

AMBIENT AIR QUALITY MONITORINGAMBIENT AIR QUALITY MONITORING

NAAQS revised in 2009 (12 Pollutants) Protocol to be finalized for 4 pollutants (CO, O3,

C6H6, As):CPCB Roadmap for National Monitoring Network (2 +

5 yrs) to be drawn• Not all pollutants to be monitored at all

locations• Capacity Building issues• Costing issues• INPUTS FOR NEXT 5 YEAR PLAN BY DEC 2010

ONLINE EMISSION MONITORING

To supplement the existing inspection based regulation

Initiated by CPCB (Delhi) and Tamil Nadu PCB (Manali)

Supported by CREP recommendations Issues :• Respective roles of SPCBs/PCCs and Industry• Financing : capital cost and O&M cost• Phasing : select industries/Critically Polluted Areas• Analysis and linkage to regulation

IMPLEMENTATION OF ENVIRONMENTAL STANDARDSIMPLEMENTATION OF ENVIRONMENTAL STANDARDS

Recent Standards notified by MoEF (March, 2008 to July, 2010) : Revision-3, New-12

HOW DO YOU ENFORCE THESE STANDARDS ? Issues:• Prescribing relevant parameters in consent order/NOC

to industry• Capacity building of inspectors• Measuring Equipments for new parameters• Sensitizing industry• Stock taking meetings at State/Regional Level

NOISE REGULATIONNOISE REGULATION

Amendment to Noise Rules, 2000: Poor Implementation Ambient Noise Monitoring Network being initiated in 7 + 18

cities Issues Relating to Noise Network:• Roadmap (including costing) for next Plan period Issues Relating to Noise Rules:• Standards for ‘Airport Zone’ and scope of ‘Silence Zone’• Advance notification by State Government of 15 days

exemption • Constitution of Authority by State Government• Availability and use of Noise meters• Implementation of ‘night time’• Capacity Building of SPCBs• Analysis and Feedback to Stakeholders

SCHEME FOR ESTABLISHMENT OF CETPsSCHEME FOR ESTABLISHMENT OF CETPs

This Centrally Sponsored Scheme needs greater attention

CETP Scheme is being recast at GoI level:

AUGMENTATION OF FUNDING/SCOPE Evaluation of ZLD CETP at Tirupur by NEERI proposed Issues: • Pending UCs : Gujarat, Andhra Pradesh, Rajasthan• 2 CETPs of last Five-Year-Plan still incomplete• 16 States have not forwarded any proposal• Availability of limited funds

NEGLECTED AREAS IN WATER POLLUTIONNEGLECTED AREAS IN WATER POLLUTION

GROUND WATER POLLUTION: Linkage with Source and Mitigation Measures Needed

Ground Water Monitoring : Presently 497 Stations Linkage with soil pollution and its sources Proper documentation and analysis of ground water monitoring results Efforts to mitigate ground water pollution

LAND DEGRADATION: Evaluation and Corrective Measures to be Undertaken by SPCBs

Development of database on Land degradation on account of :• Discharge of effluents• Mining Activities

How the land is to be restored ?

Loss of Ecology Authority/National Green Tribunal : Linkage with SPCBs

CRITICALLY POLLUTED AREASCRITICALLY POLLUTED AREAS

43 CPAs/Industrial clusters in 16 States have Comprehensive Environmental Pollution Index (CEPI) greater than 70 identified: WHAT NEXT?

A temporary moratorium has been imposed till August, 2010

Revised Action Plans : submitted by 10 States for 27 CPAs -GAPS

Issues of financing & implementation of Action Plans in a timebound fashion

Refinement in application of CEPI

INNOVATIONS IN ENVIRONMENTAL REGULATIONINNOVATIONS IN ENVIRONMENTAL REGULATION

Third party audit On-line emission monitoring Industrial self-monitoring, reporting and verification

(MRV) Administrative Adjudication Linkage with National Green Tribunal Proposed NEPA

SPCBs TO BE ACTIVELY INVOLVED IN THESE INITIATIVES

THIRD PARTY AUDIT (TPA)THIRD PARTY AUDIT (TPA)

National Workshop on “Innovative Instruments for Environmental Regulation”

TPAs can be a good supplement to the monitoring of SPCBs. How to ensure the integrity and accountability of TPAs?• Criteria for selection of TPAs• Liability of TPAs in case of incorrect reports – penalty• Issue of remunerations/fees to TPAs How to integrate TPAs with ‘decision making’?• Legal Issues• Operational Issues Deployment of TPA for auditing Industrial Performance of CPAs

Annual Environmental Statement (AES)Annual Environmental Statement (AES)

Rule 14 of E(P) Rules: Every Unit requiring consent or authorization shall submit an AES to the SPCBs

National Workshop: The format of the AES needs to be devised differentially for various categories.

Issues: HOW DO YOU TRANSFORM AES INTO AN EFFECTIVE TOOL OF INDUSTRIAL REGULATION?

• Preparation of industry specific Pro-forma: Scale and Category of Industry

• Analysis of AES – Outsourcing• Linking AES with enforcement • Phasing of AES industry-wise USEPA workshop proposed in Jan,2010

RE-ENGINEERING OF SPCBsRE-ENGINEERING OF SPCBs

Professionalisation and business process re-engineering

Strengthening technical manpower Augmentation of Resource base Capacity building Consent and Database management: IT enabled Innovative approaches to environmental regulation Technological applications

How do you bring the State Governments on board?

BEST PRACTICES IN REGULATIONBEST PRACTICES IN REGULATION

Certain industry friendly business processes flagged by DoIPP, GoI

In operation in progressive SPCBs: Need for replication

• Common Consent/Authorisation under Water Act, Air Act & E(P) Act

• Pre-clearance: Zoning• Prior consent/authorisation for longer period for

green category of industries • Common Return/Common Application Form under

the Water Cess Act and other Acts• Single Window Clearance

STREAMLINING WATER CESS

100% Backlog of Cess shall be cleared in 2010-11 Reforms undertaken by the Government of India:• Netting of receipts• Provision for adequate budgetary allocation Collective Action to be taken at the level of SPCBs• Demand Management : Municipalities /Industries –

Statement of SPCBs awaited • Timely utilization of funds: UCs awaited from 11

SPCBs/PCCs + 3 show under utilization/statement of expenditure upto 30.09.2010 to be submitted by Oct. 07, 2010

Water Cess : Federal oversight

(Rs. in lakhs)

* Rs. 6111.00 lakhs released by GOI in August, 2010

WATER CESS SCENARIO: TURNAROUND

CAPACITY BUILDING OF SPCBsCAPACITY BUILDING OF SPCBs

No Institutionalized training protocol for New Recruits and Mid Level Officers – Huge Gaps

TNA of SPCBs done by CSE: 4 years training programme to commence in October, 2010

EPTRI, Hyderabad being reorganized as NEPTRI CPCB and existing constitutions at SPCB level to

be integrated Holistic training programme to be drawn along

with financial requirements

IT AND DATABASE MANAGEMENT

Thinness of database has become a huge bottleneck in sound environmental management

Gaps in ambient monitoring /17 categories inspection/inventorisation

Up-gradation of MIS/Statistical Cells in CPCB/SPCBs needed Only 3 SPCBs have a progressive IT regime

NIC PROJECT ON ON-LINE CONSENT MANAGEMENT AND MONITORING SYSTEM:

• Promotion of Efficiency/transparency• Creation of environmental data bank & Web-enabling of

environmental data• System to be adopted by SPCBs proactively with business process

re-engineering wherever feasible

PROFESSIONALIZATION OF SPCB MANAGEMENT

Parliamentary Standing Committee: Technically Qualified Chairmen and Member Secretaries

Water Act: Qualification of Chairman and Member Secretary:• Debate on Technical vs. Professional• Issue of Full-time Chairman/Member Secretary EXISTING SCENARIO

ChairmanChairman Member SecretaryMember SecretaryBackgroundBackground• IAS /IFS 20 21IAS /IFS 20 21• Political Political 02 00 02 00• TechnicalTechnical 10 10 13 13• Non-TechnicalNon-Technical 02 02 00 00 Nature of AssignmentNature of Assignment• Full Time 18 28Full Time 18 28• Addl. Charge Addl. Charge 16 06 16 06

MINISTERS CONFERENCE 2009: ATR ON MINISTERS CONFERENCE 2009: ATR ON RESOLUTIONRESOLUTION

RESOLUTION ACTION TAKEN REPORT Establishment of NEPA

Survey of 17 categories of highly polluting industries

Action programme for CPAs

Inventorization of hazardous waste Speedy disbursement of Water Cess to SPCBs

& cess funds to CPCB SPCBs to be primarily strengthened by State

Govt. Augmentation of technical manpower and

infrastructure of CPCB SPVs for setting up of common pollution

control facilities Operationalize the crisis management system

for chemical accidents Action on NGT Bill, 2009

• Draft E(P) Amendment Bill is ready along with Section 3(3) of E (P) Act Option

• To be done

• CEPI and identification of 43 CPAs done, action plans are at advance stage of preparation

• To be done• Systemic reforms done by GoI, CPCB also

covered• Partially done

• IIM Lucknow Study complete, further action in progress

• Partially done

• To be done

• NGT Act, 2010 has been notified

SEVEN BASIC QUESTIONS TO BE ANSWERED SEVEN BASIC QUESTIONS TO BE ANSWERED TODAYTODAY

Are we seriously into the game of addressing industrial pollution? How do you ensure that performance of industry comes to the fore

honestly? How do we strengthen the database and inventorization system? Is it possible to improve compliance through innovative

mechanisms and isolate habitual defaulters? How do you mobilize the necessary resources for robust CPCB and

SPCBs? What is the timeframe for application of an IT based consent

mechanism system in SPCBs &PCCs? Are we ready to apply the boundary-conditions concept for

effective regulation in CPAs/industrial estates/highly polluting industries?

Six Working Groups proposed to be constituted to finalize common strategies in 3 to 6 months

THANKS