ENVIRONMENT LEGISLATION IN INDIA N.K.VERMA, Additional Director, Central Pollution Control Board

1. ENVIRONMENT LEGISLATION IN INDIA
N.K.VERMA,
Additional Director,
Central Pollution Control Board

2. POLLUTION CONTROL ACTS RULES AND NOTIFICATIONS IN INDIA
(10)
(01) (02) (03) (04) (05) (06) (07)
The Water
(Prevention
and Control
of Pollution)
Act, 1974
The Water
(Prevention
and Control
of Pollution)
Cess Act,
1977
The Air
(Prevention
and Control
of Pollution)
Act, 1981
The Environment
(Protection) Act,
1986
(Next Page)
The Public
Liability
Insurance
Act, 1991
The National
Environmental
Tribunal Act,
1995
The National
Environmental
Appellate
Authority Act,
1997
(011)
The Rules,
1975
(012)
Procedure for
Transaction of
Business Rules,
1975
(0111)
• Constitution of Appellate
Authority
• Delegation of powers to
Union Territory (UT)
• Central Water Laboratory
(031) (032)
Air Rules,
1981
(0311)
Air Rules,
(UT)
1983
• Declaration of air
pollution control areas
• Constitution of
appellate authority
• Fee for analysis
(021)
Cess Rules,
1978
(051) (061) (071)
Rules, 1991 Nil Appellate
Rules, 1997

3. RULES AND NOTIFICATION UNDER E (P) ACT
E (P) ACT
(O4)
041
(Key Rules)
Pollution Control
049
Waste (Management
and Handling) Rules
E(P) Rules, 1986
• Authorized inspection
• Authorized persons to take
sample
• Delegation of powers
• Emission standards
• Ambient noise standards
• National ambient air quality
standards
• Vehicular emission standards
• Handling of azo dyes
• Coastal regulation zone
• Doon valley regulation zone
• Dahanu regulation
• EIA notification
Noise Pollution 042 Hazardous waste,
1989
043 Bio-medical waste,
1998
044 Municipal solid
waste, 2000
045 The Batteries
Rules, 2001
Products Chemical and
Accidents
044 The Ozone
Depleting
substances, 2000
045 the Recycled
Plastics Manufacture
and Usage Rules,
1999
046 The Bureau of
Indian Standards
Certification
Regulation, 1997
045 Eco-Mark
Scheme, 1991
046 The Manufacture,
Storage and Import of
Hazardous Chemicals
Rules, 1989
047 The Chemical
Accidents (Emergency
planning,
Preparedness and
Response) Rules,
1996
048 The Manufacture,
Use, Import, Export,
Storage of Hazardous
Microorganisms
Genetically
Engineered
Organisms or Cells
Rules, 1989

4. HIGHERCHIAL ORDER
ACTS
RULES NOTIFICATION RESOLUTION
SUB RULES

5. STRUCTURE OF ACTS
 Preamble
 Short title
 Definition
 Authority and Organization
 Relation of Government and Organization
 Power of Organization
 Function of Organization
 Penal Provision
 Appellate and Appeal
 Cognizance of offence

6. PLAYERS OF THE RULE OF POLLUTION CONTROL
Polluter – Generator of Pollution
Pollute – Victims of Pollution
Regulator – Referee

7. REGULATORS
• CENTRAL GOVERNMENT
• STATE GOVERNMENT
• CENTRAL POLLUTION CONTROL BOARD
• STATE POLLUTION CONTROL BOARD/COMMITTEE

8. INTER AUTHORITY NETWORK
PARLIAMENT
CENTRAL
GOVERNMENT
Concerned Ministry
Central
Board
ACTS
RULES
BILL
ACTS
RULES
FORMATION
DIRECTION
FUND
SUPERSEDE
ADVICE
State
Assembly
State
Government
State
Board
DIRECTION
INFORMATION
DIRECTION
FORMATION
DIRECTION
FUND
SUPERSEDE ADVICE
BILL
RULES BILL

9. FUNCTIONS OF THE CENTRAL BOARD
 Advise the Central Government on any matter concerning the
prevention and control of water and air pollution and the
improvement of the quality of the air;
 Plan and cause to execute a nation-wide programme for the
prevention, control or abatement of water & air pollution;
 Coordinate the activities of the State Boards and resolve disputes
among them; provide technical assistance and guidance to the
State Boards, carry out and sponsor investigation & research
relating to problems of water & air pollution and for their
prevention, control or abatement;
 Plan and organize training of persons engaged in programmes on
the prevention, control or abatement of water & air pollution
 Organize through mass media, a comprehensive mass awareness
programme on the prevention, control or abatement of water & air
pollution.

10.  Collect, compile and publish technical and statistical data relating to
water & air pollution and the measures devised for their effective
prevention, control or abatement; prepare manuals, codes and
guidelines relating to treatment and disposal of sewage and trade
effluents as well as for stack gas cleaning devices and stacks of
ducts;
 Disseminate information in respect of matters relating to water & air
pollution and their prevention & control;
 Lay down, modify or annual, in consultation with the State
Government concerned, the standard for stream or well and lay
down standards for the quality of air; and
 Perform such other functions as may be prescribed by the
Government of India.
CONTINUED

11. FUNCTIONS OF THE
STATE POLLUTION CONTROL BOARD
Advice the State Government with respect to suitability of any premises or
location for carrying-out any industry which is likely to pollute a stream or well
or cause air pollution
Lay down standards of treatment of sewage and trade effluents for emission of
automobiles, industrial plants or any other polluting sources.
Evolve methods of disposal of sewage and trade effluents on lands.
Develop reliable and economically viable methods for treatment of sewage,
trade effluents and air pollution control equipment.
Granting consent to polluter under the Water & Air Act, and authorization to
facilities for disposal of hazardous waste, bio-medical waste under the
respective Rules of E(P) Act, after getting satisfied of the performance of their
control facility.
To inspect water and wastewater treatment installation, air pollution control
devices, hazardous & bio-medical waste development facilities.
Assess the quality of ambient water & air

12. POWERS OF POLLUTION CONTROL BOARD
S.
NO.
POWERS WATER ACT AIR ACT HAZARDOUS WASTE
MANAGEMENT RULES
1 To obtain information Section 20 Section 25 Section 20 of E(P) Act
2 To take sample Section 21 Section 26 Section 11 of E(P) Act
3 To entry & inspection Section 23 Section 24 Section 10 of E(P) Act
4 To grant consent /
authorization
Section 25/26 Section 21 Section 5
5 To withdrawal consent /
authorization
Section 27 Section 21 Section 6
6 Powers to carryout some
work
Section 30 Section 22 --
7 Emergency (remedial
action)
Section 32 Section 23 Section 9 of E(P) Act
8 Powers to restrict through
courts
Section 33 Section 22
A
Section 16
9 Power to give directions Section 33 A Section 31
A
Section 5 of E(P) Act
10 Power to declare pollution
control area
Section 19 Section 19 Section 5 of E(P) Act
11 Power to ensure standard
from automobiles
-- Section 20 --

13. STRATEGY, MECHANISM, RULES
GAME IN POLLUTION CONTROL

14. OBJECTIVE AND APPROACH
Control of pollution at the source to the maximum extent possible
with due regard to techno-economic feasibility.
Utilization of assimilative capacity and dispersibility of the natural
system to minimize investment to pollution control sources
Maximization of reuse/recycle of sewage and trade effluent on land for
irrigation and for industrial purpose after appropriate renovation.
Minimization of pollution control requirement by judicious location of
new industries and relocation of existing industry wherever
necessary
Sweetening of off-gases either by installation of pollution control
equipment or recovery of raw materials or thermal destruction of toxic
gases.
Efficient methods for collection and disposal of hazardous/biomedical
/ municipal solid waste.

15. STANDARD – A TOOL FOR POLLUTION
CONTROL AT SOURCES

16. THE POLLUTANT PATHWAY SHOWING POSSIBLE POINTS AT
WHICH STANDARDS MAY BE SET (HOLDGATE, 1979)
THE SOURCE
EMISSION
STANDARDS
PRODUCT
STANDARDS
PRODUCT
SOURCE
PRODUCT
QUALITY
CONTROL
EMISSION
CONTROL
EMISSION
PROCESS
STANDARDS
THE ENVIRONMENT THE TARGET
TRANSFORMATION
ENVIRONMENTAL QUALITY
GOALS & STANDARDS
DISPERSION
SINK
BIOLOGICAL
STANDARDS
RESIDUE
STANDARDS IN TISSUE
METABOLISH
INTERIOR
ABSORPTION
SURFACE
EXPOSURE
(PRIMARY PROTECTION
STANDARDS)
EXCRETION

17. SCIENTIFIC
DOMAIN
RISK
DOMAIN
ENVIRONMENTAL QUALITY OBJECTIVE, CRITERIA,
ECOLOGICAL
CRITERIA
HEALTH
CRITERIA
GEOLOGICAL
CRITERIA
TIME
EXPOSURE
ENVIRONMENTAL
•OBJECTIVE
•GOAL
•STANDARD
NATIONAL HEALTH
AND ECOLOGICAL
FRAGILITY
ENVIRONMENTAL
CRITERIA
RISK
ASSIMILATIVE
CAPACITY
ASSESSMENT
TECHNICAL
CAPABILITY
EMISSION
EFFLUENT
STANDARD
SOCIO
ECONOMIC
CAPABILITY
ENGINEERING
TECHNICAL
DOMAIN
TECHNOLOGY
SOCIAL
AWARENESS
SOCIAL
DOMAIN
ECONOMICAL
CAPABILITY
STANDARD RELATIONSHIP

18. PRODUCT DESIGN
MANUFACTURING
PROCESS
TECHNOLOGY
OPERATING PRACTICE
LIMITS ON
RELEASE INTO
AIR & WATER
•BANNING THE PRODUCTS
•BANNING THE USE OF SUBSTANCE FOR
•CERTAN PRUPOSE
•ENCOURGING GREEN PRODUCT
•(ECO MARK)
•INTRODUCTION OF 4 R CONCEPT
(RECYCLING,
•RENOVATION, RECHARGE, REUSE)
•AVOIDING SPILLS
•INTRODUCTION TO CLEAN
TECHNOLOGY
•STORAGE OF OPTIMIZATION
•OFF – SITE PLANNING
•BEST PRACTICABLE MEANS
(TECHNOLOGY)
•BEST AVAILABLE TECHNOLOGY
FINANCIAL
IMPLICATION
LIMITED SCOPE FOR
OLD INDUSTRY
MULTIPLICITY OF
DEPARTMENTS
INVOLVED
DISCOURAGE CLEAN
TOCHNOLOGY
ASSIMILATIVE
CAPACITY
NOT CONSIDERED
STANDARDS
DIMENSION OF STANDARDS

19. PHILOSOPHY OF MINAS
Universally two MODELS are considered to EVOLVE STANDARD
MODEL – I Location Specificity
• Water quality criteria of ambient water specified
• Quality of discharge does not alter the ambient water quality criteria
The model is abandoned as it is difficult to administer, in location where more
Than one polluters are discharging their Effluent in the event of altered quality
Of Waters it becomes difficult to identify the Violator
MODEL II Industry Specificity
•Techno Economic Feasibility
The Advantage is that within a specific group of industries the extent of pollution
Control measures are alike. In addition, these Standards serve to Preserve the
Environmental Quality in non polluted area without modification.
DISADVANTAGE: The discharge does not relate to actual Environmental situation
of the specific Site.

20. MINIMAL REQUIREMENT OF MINAS
AIM OF WASTE WATER MINI:
OF
EMISSION MINI: OF
•PATHOGENS •PARTICULATE MATTER
•TOXIC SUBSTANCES •GASEOUS
•COLLOIDAL & DISSOLVED
ORGANIC SOLIDS
•TOXIC
•MINERAL OILS
•ADJUSTMENT OF pH
Each Pollutant removal need unit operation. Combination of Unit operation defines cost
factor termed as ANNUAL BURDEN which differs industry to industry. Annual Burden to
annual Turn over ratio is determining factors of MINAS.
MINAS thus evolved need to be turned at location (not relax, but stringent) by SPCB. To
make MINAS Location specific

21. CPCB
MODEL II
INDUSTRY
SPECIFICITY
MODEL - I
LOCATION
SPECIFICITY
CPCB
SPCB
At National level, Industry Specific Standard is evolved with minimal
requirement with due regard to economic feasibility termed as
MINIMAL NATIONAL STANDARD (MINAS)

22. FLOW DIAGRAM DEPICTING METHODOLOGY FOR DEVELOPMENT OF STANDARDS
O
J = J+1
O
O
INPUT N,J,C, SC EQs, Abs, AT
J = 1
O
ESTMATE AB P= AB/AT P - C
N - J
O
SOFT INDUSTRY P -SC
MEDIUM HARD
INDUSTRY
PRINT AS MINAS
EVALUATE EQ IS IT AT NATIONAL LEVEL
PROVIDE LD
1 - J
J = J - 1 EQ - WQL
YES
PRINT AS LOCATION
SPECIFIC EQ
NO
PRINT POLLUTER
CAN’T COME THERE
HARD
INDUSTRY

23. MINIMISATION OF
MAXIMUM EVIL
(MINIMAX)
LOCATION SPECIFICITY
VS
MAXIMISATION OF
MINIMUM EXPECTATION
(MAXMINI)
INDUSTRY SPECIFICITY

24. CONSENT MECHANISM

25. WHO NEEDS CONSENT UNDER AIR ACT
START
Is it emitting any
air pollutant
Is it in air pollution
control area
Is the emission conform
the standards
Consent rejected
restrict operation
No No need for consent
Do appeal to Appellate Authority
Is appeal rejected
Do it as per direction
Consent granted
Yes
Yes Restriction of
operation continues

26. THE AIR ACT, 1981
 Obligations
 Furnish information sought by PCB
 Provide access to PCB for sampling, inspection or seizure of any
document or material object
 Not to emit non-conforming emissions
 Inform PCB of non-conforming emissions
 Comply with written directions of PCB, including:
 Closure, prohibition or regulation of industry, operation or
process
 Stoppage or regulation of electricity, water or any other
services
 Comply with consent conditions

27. WHO NEEDS CONSENT UNDER WATER ACT
START
Is it discharge
Trade effluent
Is it discharge
sewage
No need for
consent
Apply for
consent
Does it conform
standard
Consent
granted
STOP
Consent rejected
closure
Is the decision
acceptable
NO
Go to appellate
Is the appeal rejected
Do it according to decision
NO
NO
YES
YES
YES
NO
NO
YES
Closure
prevails
YES

28. THE WATER ACT, 1974
 Obligations
 Furnish information sought by PCB
 Provide access to PCB for sampling, inspection or seizure of any
document or material object
 Not to discharge non-conforming discharges
 Inform PCB of non-conforming dishcarges
 Comply with written directions of PCB, including:
 Closure, prohibition or regulation of industry, operation or
process
 Stoppage or regulation of electricity, water or any other
services
 Comply with consent conditions

29. THE WATER CESS ACT, 1977
 Obligations
 Pay water Cess
 Pay interest in case of delay
 Pay penalty for non-payment of Cess
 Affix meters
 Provide access to PCB

30. WHO NEEDS AUTHORIZATION UNDER HW
(MANAGEMENT & HANDLING) RULES, 1989
START
Do you generate hazardous
waste and having a facility
of any one of the collection,
treatment, transportation,
storage and disposal facility
NO
Do you generate hazardous waste
NO
Do you operate facility for collection, reception,
transport, storage and disposal facility
No need for authorization
YES
YES
YES
Is SPCB satisfied
Authorization granted Closed
Apply
authorization
for SPCB
Reapply
again till
NO
NO
YES

31. THE HAZARDOUS WASTES (M & H) RULES, 1989
(AS AMENDED ON MAY 20, 2003)
Schedule – 1 : List of hazardous wastes
(36 processes)
Schedule – 2 : List of waste substances with
concentration limit
Schedule – 3 : List of wastes applicable for
imports and exports
Schedule – 4 : List of non-ferrous metal
wastes applicable for
registration of recyclers

32. CONTINUE
Schedule – 5 : Specifications for used oil
suitable for re-refining
Schedule – 6 : Specifications of waste oil
suitable for recycling
Schedule – 7 : List of authorities and
corresponding duties
Schedule – 8 : Hazardous wastes prohibited
for import and export

33. THE HAZARDOUS WASTES (M & H) RULES, 1989
 Obligations
(AS AMENDED ON MAY 20, 2003)
 Ensure proper collection, reception, treatment, storage & disposal
 Ensure packaging, labeling and transportation as per provisions of
the Motor Vehicles Act, 1988
 Establishing TSDF:
 Identify site.
 Undertake EIA and submit to SPCB.
 SPCB to conduct public hearing.
 SPCB to forward to State Government the project report, EIA
report, details of public hearing and its recommendations within
30 days of public hearing.

34.  State Government to complete the assessment and convey its
decision within 60 days.
 State Government to acquire the site or inform occupier/
operator to acquire .
 State Government to notify such sites; to compile and publish
periodically an inventory of such TSDF.
 Acquire the site, get the design and layout of the facility
approved by SPCB .
CONTINUE

35. CONSENT CONDITIONS (CONSENT TO OPERATE)
UNDER SECTION – 25/26 OF THE WATER ACT
1. Quantity of effluent
2. Quality of effluent
3. Validity of consent
4. Consent for outlet
5. Disposal specificity
UNDER SECTION – 21 OF THE AIR ACT
1. Using approved fuel ‘declared under Section 19’
2. Control equipment
3. Chimney height
4. Validity of consent
UNDER SECTION –5 OF THE HAZARDOUS WASTE MANAGEMENT RULES
1. Collection
2. Reception
3. Treatment
4. Transport
5. Storage
6. Disposal

36. IMPLEMENTATION

37. POLLUTER, POLLUTE, REGULATOR RELATIONSHIP
Direction
Seek information
Complain
Complain Appeal
REGULATOR
POLLUTER
Grant
Consent
COMMON
FACILITATOR
COURT
APPELLATE
POLLUTE Seek
Consent
Grant
Consent
Direction
Complain
Seek
Consent
Appeal
Appeal

38. REGULATION – THEORY & PRACTICE
LAW
DESPOTISM ANARCHISM
REGULATION
PAPER
ENFORCEMENT FREEDOM
CONTRADICTION
BARBARISM DIRECTIONLESS

39. DIMENSIONS OF LAW
LAW
REACTIVE
PROACTIVE
COMMAND
CONTROL
SELF
REGULATION
NORM
CONSENT
VIGILANCE
ENVIRONMENTAL
AUDIT
TECHNICAL
UPGRADATION
TRANSPARENCY

40. SOCIAL
COMBINATORIAL TREE
EXPECTATION
TC
TC
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
EC (HIGH)
EC (LOW)
H
L
LOW
CRITICAL
HIGH
HIGH
LOW
HIGH
HIGH
HIGH
H
H
L
L
H
H
L
L
RISK FACTOR
TC – Technical Capability
EC – Economic Capability

41. FACTOR INFLUENCE POLLUTION CONTROL ENFORCEMENT
FACTOR INDIA WESTERN
COUNTRIES
Social awareness Low High
Reasoning process Fuzzy intuitive Binary (Yes/No)
Scientific
Codification Low Highly codified
standardized
Administration Semi feudal semi
colonial reactive
Democratic open,
proactive
Data base Low High
Agreement Low regard (Rational
fool)
High regard
Technology Good Very good
Engineering Non-standardize Highly standardized
Auditing and self
Low seriousness Highly seriousness
evaluation
Economic condition Mixed High

42. Irrationality is the square root
of all evil
Douglas Hofstadter