ENVIRONMENTAL REGULATION IN INDIA:

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• ENVIRONMENTAL REGULATION IN INDIA
• ISSUES AND CHALLENGES
• Ministry of Environment and Forests
• Government of India
• 31st August, 2010

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STRUCTURE OF PRESENTATION

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

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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

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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

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SOURCE APPORTIONMENT STUDIES FOR PM10
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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

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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 OM cost
• Phasing select industries/Critically
  Polluted Areas
• Analysis and linkage to regulation

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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

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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

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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

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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

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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

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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

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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

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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

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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?

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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

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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

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WATER CESS SCENARIO TURNAROUND

• (Rs. in lakhs)

Rs. 6111.00 lakhs released by GOI in August,
2010
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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

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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

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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

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MINISTERS CONFERENCE 2009 ATR ON RESOLUTION
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
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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

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• THANKS