five

					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
                            300
Annual Avr. Conc. (µg/m3)




                            250

                            200

                            150

                            100

                             50

                              0
                                  2001    2002     2003   2004    2005     2006    2007     2008   2009
                                                                  Year
                                  Delhi          Mumbai          kolkata          Chennai          NAQS
                                 Delhi          Mumbai          kolkata          Chennai          NAQS
                            90
Annual Avr. Conc. (µg/m3)


                            80
                            70
                            60
                            50
                            40
                            30
                            20
                            10
                            0
                                 2001    2002    2003    2004    2005     2006    2007     2008   2009
                                                                Year
                                          Annual Average of NO2 in Four Mega Cities
   SOURCE APPORTIONMENT STUDIES FOR PM10


Res. Delhi: PM10
              Garbage
              Burning          Industries
               15.0%              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    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

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 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

 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 %
10000                                                                             Released by GOI




 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                               ACTION TAKEN REPORT
 Establishment of NEPA                         • Draft E(P) Amendment Bill is ready along with
                                                  Section 3(3) of E (P) Act Option
 Survey of 17 categories of highly polluting   • To be done
  industries
 Action programme for CPAs                     • CEPI and identification of 43 CPAs done, action
                                                  plans are at advance stage of preparation
 Inventorization of hazardous waste            • To be done
 Speedy disbursement of Water Cess to SPCBs    • Systemic reforms done by GoI, CPCB also
  & cess funds to CPCB                            covered
 SPCBs to be primarily strengthened by State   • Partially done
  Govt.
 Augmentation of technical manpower and        • IIM Lucknow Study complete, further action in
  infrastructure of CPCB                          progress
 SPVs for setting up of common pollution       • Partially done
  control facilities
 Operationalize the crisis management system   • To be done
  for chemical accidents
 Action on NGT Bill, 2009                      • 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

				
DOCUMENT INFO