ENVIRONMENTAL REGULATION IN INDIA:
ISSUES AND CHALLENGES
Ministry of Environment and Forests
Government 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
Annual Avr. Conc. (µg/m3)
300
250
200
150
100
50
0
2001
Delhi
2002
2003
Mumbai
2004
2005
Year
kolkata
2006
2007
Chennai
2008
2009
NAQS
Delhi
Mumbai
kolkata
Chennai
NAQS
Annual Avr. Conc. (µg/m3)
90
80
70
60
50
40
30
20
10
0
2001
2002
2003
2004
2005
2006
2007
2008
Year
Annual Average of NO2 in Four Mega Cities
2009
SOURCE APPORTIONMENT STUDIES FOR PM10
Res. Delhi: PM10
Garbage
Burning
15.0%
Industries
6.3%
Road Dust
14.5%
Construct.
22.0%
Domestic
9.4%
DG Set
12.3%
Transport
20.5%
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
 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
 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
 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
 This Centrally
attention
 CETP
Scheme
Sponsored
is
being
Scheme
recast
needs
at
GoI
greater
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
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
 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
 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)
 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)
 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
 Professionalisation and business process reengineering
 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
 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
WATER CESS SCENARIO: TURNAROUND
(Rs. in lakhs)
25000
20000
15000
Water Cess 80 %
Released by GOI
10000
5000
0
2004-05
2005-06
2006-07
2007-08
2008-09
2009-10
* Rs. 6111.00 lakhs released by GOI in August, 2010
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
 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
Chairman
Member 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
MINISTERS CONFERENCE 2009: ATR ON
RESOLUTION
RESOLUTION
 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
ACTION TAKEN REPORT
• 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 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
THANKS