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ENVIRONMENTAL REGULATION IN INDIA: ISSUES AND CHALLENGES Ministry of Environment and Forests Government of India 31 st PowerPoint Presentation
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ENVIRONMENTAL REGULATION IN INDIA: ISSUES AND CHALLENGES Ministry of Environment and Forests Government of India 31 st August, 2010. STRUCTURE OF PRESENTATION . Environmental Challenges Air Pollution issues Water Pollution Issues Innovations in environmental regulation

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ENVIRONMENTAL REGULATION IN INDIA:

ISSUES AND CHALLENGES

Ministry of Environment and Forests

Government of India

31st August, 2010

structure of presentation
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
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
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

ambient air quality monitoring
AMBIENT 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
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 standards
IMPLEMENTATION 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 regulation
NOISE 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 cetps

SCHEME 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 pollution

NEGLECTED 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 areas

CRITICALLY 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 regulation

INNOVATIONS 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 spcbs
RE-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 regulation
BEST 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

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

water cess scenario turnaround

WATER CESS SCENARIO: TURNAROUND

(Rs. in lakhs)

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

capacity building of spcbs
CAPACITY 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

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
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

ChairmanMember Secretary

Background

  • IAS /IFS 20 21
  • Political 02 00
  • Technical 10 13
  • Non-Technical 02 00

Nature of Assignment

  • Full Time 18 28
  • Addl. Charge 16 06
seven basic questions to be answered today
SEVEN BASIC QUESTIONS TO BE ANSWERED TODAY
  • 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