Compliance to Environment Regulations :
State Pollution Control Board Context
International Conference on Env. Governance and Enforcement
WBPCB, Kolkota
19th, March, 2013
Dr. D. K. Behera
Sr. Env. Scientist, SPCB, Odisha
dk_behera@yahoo.com
Environmental governance in India
LEGISLATION
IMPLEMENTING
INSTITUTIONS
PCB, DOEF, MOEF
EXPERT
ORGANISATIONS
NEERI, TERI
JUDICIARY
CITIZEN
Pollution Abatement Policy Enforcement Mechanism
in India
Policy Making Agency (MoEF)
State Govt.
Adoption of Acts
Monitoring Agency (CPCB)
Implementing Agency (SPCB)
Project End
Closure
Regulation
of Services
Conviction
Project Approval
Consent to Establish
Monitoring
NonCompliance
Court
Compliance
with Norms
Public Suit
Project Completion
Detail Assessment
(Consent to Operate)
Project Continue
Compliance Process
New Units
Project
Conception
Stage
Application to SPCB for “CONSENT TO ESTABLISH”
Consent Granted
Permission for Trial Run
Performance Evaluation
by SPCB
Construction
Stage
Operational
Stage
Change In
Process
/ Raw
material /
Expansion
of facility
Not
Satisfactory
Grant Of CONSENT TO OPERATE
Monitoring by SPCB
Renewal Of Consent
REGULATORY FRAMEWORK
Consent to
Establish
Public
Hearing
CRZ
Clearance
Environmenta
l Clearance
Constructio
n Phase
Consent to
Operate/Au
thorization
Monitoring
and Review
Operation
Phase
Major Functions of SPCBs
Command & Control Principles
• Formulation of preventive measures
• Laying down env. Standards
• Consent and authorisation Administration
• Env. Friendly technology development
• Control of pollution through inspection & monitoring
of industrial units
• Regulation of location of industries
• Disposal of waste (hazardous, plastic, municipal,
electronic etc.)
• Collection and dissemination of information
• Advise the State Govt.
• Penal action against the violation
Statutory Activities
Planning, PW, E-wasteSES(P)
•
Consent to Operate, Cess –
SEE(C)
Authorisation
•
MEMBER SECRETARY
CHAIRMAN
Env. Monitoring (Air, Water, Soil
etc.)
Mines – SES(M)
CTE, EIA, HW Authorisation
– SEE(N)
Site inspections for CTE, CTO,
Regional
Offices
BMW, MSW - ES
Central Laboratory SES(L)
Administration - AO
•
Public Hearing
•
Grant of Consent <50 crores and
compliance verification
•
District Level Meetings
•
Public Complain
•
Account Keeping
•
Closure Direction / SCN
•
Coordinate visits of CPCB,
Committees, Expert Committee,
Legal (LO)
HO Officials
RTI Compliance
SPCB, Odisha
Issues in functioning of SPCBs
Manpower
• Inadequate technical manpower – wide variation
in the ratio of technical to non-technical among
Boards
• No norm of staffing
• No fulltime Chairman
• Expontial
increase
in
no.
of
industries
legislations
Result-Env. Performance monitoring inadequate
and
Frequency of inspection and monitoring
Red (L & M)- Once in 3 months
Red (Small) – Once in a year
Orange (L & M) – Once in a year
Orange (Small) – Once in 3 years
Green (L & M) – Once in 2 years
Stone crusher, Brick kilns and hotels – Once in a year.
ULBs and HCUs – Once in a year
Inspection of units
Units regulated per person, OSPCB
Resources
• Water Cess, consent and authroisation fees, sample
testing fees, bank guarantee, grant-in-aid from
Central & State Govt., project based grants etc.
• Many of the SPCBs are self dependent
• Wide difference in consent and other fees among
SPCBs
• Cess collection from ULBs
• Not much expediture towards pollution prevention,
R & D etc.
Inventorisation
• Data base on inventorisation of industries both
under consent and authorisation administration still
incomplete – addition of number of units, hotels, hot
mix plants, HCEs, brick kilns etc etc…
• Data management and periodical updation not
standardised
Jurisdiction
• Vehicular pollution is beyond the jurisdiction of
SPCB- source proportionate
• 50-70% of urban air pollution caused due to
vehicles
• EC & consent to establish – almost similar function
• Lack of Multi departmental coordination
• Overlapping enforcing agencies
Standards & Compliances
• Monitoring frequency stipulated by CPCB not
achieved
• Standards do not allow percentage of deviation –
except NAAQS – Impractical
• Industries tempted to manipulate
• Maintenance of PC equipment – not priority by
industries
• By passing – Sponge Iron Plant
• Litigation – time consuming – more emphasis to the
process of inspection
• Domestic waste treatment – not adequate
Information flow from Regional Offices of
SPCBs
• Poor linking. MIS is weak
• IT based enforcement coming up
• Support & accountability of ROs are not uniform –
mechanism not standardized
• SOPs are not well documented
• SPCBs adopt different procedure of enforcement
Others
• Commutative impact studies (REMP, Carrying
Capacity Studies) are not done as routine – quality
of the report
• R & D by SPCB is not a priority
• Quantification of pollution load – studies are
sporadic
• Health Impact Studies missing
INCREASE IN WORK LOAD in OSPCB
Functional Indicators
During 198687
During 199697
During 200607
Increase in 10
years
26
50
306
172
1199
639
4 times
3.7 times
No activity
No activity
1200
Additional
responsibility
No activity
0
No activity
0
774
103
Additional
responsibility
Insignificant
Insignificant
296
Additional
responsibility
No. of inspections conducted
129
1159
4097
3.5 times
No. of stack & ambient air monitoring
40
No. of public hearings / consultations
Not existed
711
Not existed
2590
77
3
72
3.6 times
Additional
responsibility
24 times
Rs. 1.38
crores
Rs. 29.52
lakhs
4 Acts & 9
Rules
4
Rs. 5.56
crores
Rs. 866.03
lakhs
4 Acts & 22
Rules
9
0
5
5 times
Rs. 298.96
lakhs
Rs. 839.12
lakhs
3 times
No. of industries / mines under admn.
a.Consent cases
b.NOC cases
No. of misc. industries (stone crusher
& brick kiln)
No. of health care units under admn.
Nos. of ULBs
No. of public complaints handled
No. of legal cases
Amount of cess collected
Amount of consent fees collected
No. of Acts & Rules notified
No. of Regional Offices
No. of external technical projects
Annual budget of the Board
Total Technical Manpower
Nos. of units regulated/person
3
0
Rs. 10.95
lakhs
3 Acts & 3
Rules
0
0
Rs. 28.0 lakhs
08
9.5
35
13.6
55
71
4 times
29 times
2.5 times
2.5 time
1.5
5.2
Recommendation, Planning Commission,
Govt. of India
• To levy spot fines in case of violation (5-10 times
operational cost of running ETP for the period the
last visit) (Quaci – Judicial Power)
• For arrest / detention of persons responsible for
toxic waste pollution
• Scientific & technical documentation of pollution
• Record statement
• Stepping up of institutional arrangement for creating
env. awareness
• Benchmarking of frequency of monitoring
• Detail performance study of ETP & PC equipment
• Transparency
in
Consent
&
Authorisation
administration
Strength of SPCBs
Experienced subject specific man power
Infrastructure in terms of laboratories for field
investigation
Competent technically qualified pool of Scientists
and Engineers
Exposure and updating on env. Sound technologies
Promote clean technology
Developing real time monitoring data management
Awareness creation
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
CAG Audit Findings on Water
Pollution
• Legislative & Policy framework
– Water pollution has not been adequately addressed in any policy
in India, both, at the federal & provincial level
• Planning for control of pollution in rivers, lakes &
ground water
– Inadequate planning
– No complete inventory of rivers/lakes and keystone species
associated with them
– no identification of existing pollution levels in rivers and lakes in
terms of biological indicators etc
Audit findings
•
Implementation of programmes for control of pollution
– Projects for pollution control of rivers was unsatisfactory 82 %
were completed after the scheduled date of completion
– 28 projects costing ` 251.27 crore were constructed but not
utilised as yet
– States implementing the projects faced problems in land
acquisition, forest clearances, technical problems, problems
from contractors etc.
– Programme to prevent pollution of lakes also ineffective as
only 2 of the sampled 22 projects had been completed and
the rest were either continuing beyond the sanction date of
completion or had been abandoned
Audit Findings
• Monitoring of programmes
– Inspection and monitoring was inadequate at all
three levels, i.e., local level, provincial/State level
and federal/Central level.
– There was paucity of network for tracking
pollution of rivers, lakes and ground water as
there were inadequate number of monitoring
stations, no real- time monitoring of water quality
and the data on water quality had not been
disseminated adequately.
Audit Findings
• Results of programmes for control of pollution in India
– Data on the results of programmes not very
encouraging as majority of rivers remain polluted and
continue to be plagued by high levels of organic
pollution, low level of oxygen availability for aquatic
organisms and bacteria, protozoa and viruses which
have faecal-origin and which cause illnesses
– Most lakes are under threat from nutrient
overloading which is causing their eutrophication and
their eventual choking up from the weeds
proliferating in the nutrient-rich water.
• Implementation programmes for preventing pollution of
these lakes has had no discernible effect
Pollution Management-SPCBs
1.Environmental Planning
(a) Development of standards and guidelines
(b) Development of laws, rules and regulations
2. Environmental Monitoring
(a) Environment surveillance (General)
(b) Ambient Monitoring
(c) Maintenance of data base
3. Environment Impact Assessment/Audit
(a) Identification and inventory of source of pollutant
(b) Impact Assessment on different components of
environment (air, water, land and other natural resources)
4. Laboratory Management
(a) Quality control
(b) Research and development
5. Pollution Control Enforcement (Facility
Specific)
(a) Inspection
(b) Prosecution
(c) Direction
6. Technological Intervention
(a) Design and development of appropriate
technology
(b) Dissemination of appropriate technology
7. Environmental Awareness/Information
(a) Support to NGOs/Education Institutions
(b) Capacity building through training programs
(c) Mass awareness through media
Vision of SPCBs
 Strategic Planning- Broad Institutional goal,
assesses the performance and develop overall
strategy
Operational
PlanningFramework
of
implementing strategy derived from Strategic
planning
Uniform staffing and enforcement mechanism
Laboratory- Nucleus of SPCs- More credible
Comprehensive monitoring planning and
execution
Development of industry specific pollution
control guideline and inspection protocol
IT Based functioning
THANK YOU