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Environmental Legislation

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Environmental Legislation

  1. 1. ENVIRONMENTAL REGULATIONS B. R Naidu Ex Director, CPCB 25.04.2022
  2. 2. PLAYERS OF THE ROLE OF POLLUTION CONTROL Polluter – Generator of Pollution Receiver – Victims of Pollution Regulator – Referee
  5. 5. CENTRAL POLLUTION CONTOL BOARD Head Office, Delhi R.D. Kolkata R.D. Shillong R.D. Vadodara & R.D. Pune R.D. Bhopal R.D. Bangalore & R.D. Chennai R.D. Lucknow & R.D. Chandighar Coordination with Bihar, Jharkhand, Orissa, West Bengal, UT A&N Coordination with Arunachal P., Assam, Mizoram, Nagaland, Sikkim, Tripura, Meghalaya, Manipur Coordination with J & K, Punjab, H.P., Harayana, UP, Uttranchal, Delhi Coordination with A. P., Karnataka, Goa, Tamilnadu, UT of Pondichery, UT of Lakshdwep Coordination with M.P., Chhatisgarh, Rajasthan Coordination with Gujarat, Maharashtra, UT of DDNH
  6. 6. POLLUTION CONTROL ACTS, RULES AND NOTIFICATIONS IN INDIA 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 Green Tribunal Act, 2010 The Rules, 1975 Procedure for Transaction of Business Rules, 1975 • Constitution of Appellate Authority • Delegation of powers to Union Territory (UT) • Central Water Laboratory Air Rules, 1981 • Declaration of air pollution control areas • Constitution of appellate authority • Fee for analysis Air Rules, (UT) 1983 Cess Rules, 1978 Rules, 1991
  7. 7. RULES AND NOTIFICATION UNDER E (P) ACT E (P) ACT (O4) (Key Rules) Pollution Control 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 Hazardous waste,2016 Bio-medical waste, 2016 Solid waste Management, 2016 The Batteries Rules, 2001 E-Waste Rules, 2016 C&D Waste Rules 2016 Plastic Waste Rules 2016 Products Chemical and Accidents The Ozone Depleting substances, 2000 The Recycled Plastics Manufacture and Usage Rules, 1999 The Bureau of Indian Standards Certification Regulation, 1997 Eco-Mark Scheme, 1991 The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 The Chemical Accidents (Emergency planning, Preparedness and Response) Rules, 1996 The Manufacture, Use, Import, Export, Storage of Hazardous Microorganisms Genetically Engineered Organisms or Cells Rules, 1989
  8. 8. 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 & water;  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.
  9. 9.  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
  10. 10. Designated best use Class Criteria Drinking water source without conventional treatment but after disinfection A *Total coliform organisms MPN/100ml shall be 50 or less. *pH between 6.5 and 8.5 *Dissolved oxygen 6 mg/l or more *Biochemical oxygen demand 2 mg/l or Less Outdoor bathing (organised) B *Total coliform organisms MPN/100ml shall be 500 or less *pH between 6.5 and 8.5 *Dissolved oxygen 5 mg/l or more *Biochemical oxygen demand 3 mg/l or Less Drinking water source with conventional treatment followed by disinfection C *Total coliform organisms MPN/ 100ml shall be 5000 or less *pH between 6 and 9 *Dissolved oxygen 4 mg/l or more *Biochemical oxygen demand 3 mg/l or less Propagation of wild life, fisheries D *pH between 6.5 and 8.5 *Dissolved oxygen 4 mg/l or more *Free ammonia (as N) 1.2 mg/l or less Irrigation, industrial cooling, controlled waste disposal E *pH between 6.0 and 8.5 *Electrical conductivity less than 2250 micro mhos/cm *Sodium absorption ratio less than 26 *Boron less than 2mg/l Water Quality Criteria 10
  11. 11. WATER QUALITY STANDARDS FOR COASTAL WATERS MARINE OUTFALLS • In a coastal segment marine water is subjected to several types of uses. Depending of the types of uses and activities, water quality criteria have been specified to determine its suitability for a particular purpose. Among the various types of uses there is one use that demands highest level of water quality/purity and that is termed a ''designed best use'' in that stretch of the coastal segment. Based on this, primary water quality criteria have been specified for following five designated best uses:
  12. 12. Class Designated best use SW-I Salt pans, Shell fishing, Mariculture and Ecologically Sensitive Zone. SW-II Bathing, Contact Water Sports and Commercial fishing. SW-III Industrial cooling, Recreation (non contact) and Aesthetics. SW-IV Harbour. SW-V Navigation and Controlled Waste Disposal.
  13. 13. NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) S. No. Pollutants Time Weighted Average Concentration in Ambient Air Industrial, Residential, Rural and other Areas Ecologically Sensitive Area (notified by Central Government) 1 Dioxide (SO2), µg/m3 Annual* 50 20 24 Hours** 80 80 2 Nitrogen Dioxide (NO2 ), µg/m3 Annual* 40 30 24 Hours** 80 80 3 Particulate Matter (Size <10µm) or PM10 µg/m3 Annual* 60 60 24 Hours** 100 100 4 Particulate Matter (Size <2.5 µm) or PM2.5 µg/m3 Annual* 40 40 24 Hours ** 60 60 5 Ozone (O3), µg/m3 8 hours** 100 100 1 hours ** 180 180 6 Lead (Pb), µg/m3 Annual * 0.50 0.50 24 Hour** 1.0 1.0 7 Carbon Monoxide (CO), mg/m3 8 Hours ** 02 02 1 Hour** 04 04 8 Ammonia (NH3), µg/m3 Annual* 100 100 24 Hour** 400 400 9 Benzene (C6H6) , µg/m3 Annual * 05 05 10 Benzo(a)Pyrene (BaP)- particulate phase only, ng/m3 Annual* 01 01 11 Arsenic (As), ng/m3 Annual* 06 06 12 Nickel (Ni), ng/m3 Annual* 20 20 * Annual Arithmetic mean of minimum 104 measurements in a year at a particular site taken twice a week 24 hourly at uniform interval. ** 24 hourly 08 hourly or 01 hourly monitored values, as applicable shall be complied with 98% of the time in a year. 2% of the time, they may exceed the limits but not on two consecutive days of monitoring. NOTE: Whenever and wherever monitoring results on two consecutives days of monitoring exceed the limits specified above for the respective category, it shall be considered adequate reason to institute regular or continuous monitoring and further investigation.
  14. 14. Ambient Air Quality Standards in respect of Noise (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40 Limits in dB(A) Leq Day Night Area category Area Code 1. Day time shall mean from 6.00 a.m. to 10.00 p.m. 2. Night time shall mean from 10.00 p.m. to 6.00 a.m. 3. Silence zone is defined as an area comprising not less than 100 meters around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority. 4. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
  15. 15. NCTIONS 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. Lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: 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
  16. 16. 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) MINIMUM NATIONAL STANDARD (MINAS)
  17. 17. 18. Powers to give directions. [1] In the performance of its functions under this Act— • (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and • (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: – Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. [2] Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub- section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area for such period and for such purposes, as may be specified in the order.
  18. 18. 19. Power of State Government to restrict the application of the Act to certain areas. 20. Power to obtain information. 21. Power to take samples of effluents and procedures to be followed in connection therewith. 22. Reports of the results of analysis on samples taken under Section 21. 23. Power of entry and inspection. 24. Prohibition on use of stream or well for disposal of polluting matter, etc. 25. Restrictions on new outlets and new discharges. 27. Refusal or withdrawal of Consent by State Boards. 28. Appeals.
  19. 19. THE WATER ACT, 1974 33A. Power to give directions A State Board may issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions; For Example 1. The closure, prohibition or regulation of any industry, operation or process; or 2. Stoppage or regulation of the supply of electricity, water or any other service.
  20. 20. POWERS OF POLLUTION CONTROL BOARD UNDER WATER AND AIR ACTS S. NO. POWERS WATER ACT AIR ACT 1 To obtain information Section 20 Section 25 2 To take sample Section 21 Section 26 3 To entry & inspection Section 23 Section 24 4 To grant consent / authorization Section 25 Section 21 5 To withdrawal consent / authorization Section 27 Section 21 6 Powers to carryout some work Section 30 Section 22 7 Emergency (remedial action) Section 32 Section 23 8 Power to give directions Section 18 Section 18 9 Power to give directions Section 33 A Section 31 A 10 Power to declare pollution control area -- Section 19 11 Power to ensure standard from automobiles -- Section 20
  21. 21. EP ACT, 1986 5. Power to give directions The Central Govt. may issue directions in writing to any person, officer or authority, and the concerned are required to comply with such directions; Eg. 1. The closure, prohibition or regulation of any industry, operation or process; or 2. Stoppage or regulation of the supply of electricity or water or any other service.
  22. 22. EP ACT, 1986 10. Powers of entry and inspection 1. Any person empowered by the Central Govt. in this behalf shall have a right to enter, at all reasonable times, any place a. For performing any of the functions of Central Govt. b. Determining whether and if so in what manner, any such functions are to be performed c. Examining and testing any equipment, industrial plant, record, register, document or for conducting search of any building
  23. 23. EP ACT, 1986 10. Powers of entry and inspection 2. Every person carrying on an industry shall be bound to render all assistance to the person empowered by the Central Govt.. Else, he shall be guilty of an offence 3. Any person willfully delaying/obstructing any persons empowered by the Central Govt., shall be guilty of an offence 4. The provision of the Code of Criminal Procedure, 1973 or the provisions of any corresponding law in the state or area, may apply to any search or seizures like that made under section 94 of the said code, under the corresponding provision of the said law.
  24. 24. EP ACT, 1986 11. Power to take samples and procedure 1. The Central Govt./ officer empowered, shall have the power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory in prescribed manner 2. The result of any analysis of a sample taken shall not be admissible in evidence in any legal proceedings unless the provisions of sub-sections 3 and 4 are compiled with
  25. 25. EP ACT, 1986 11. Power to take samples and procedure 3. The person taking the sample shall a. Serve on the occupier, a notice, then & there, in such forms as may be prescribed, of his intention to have it so analyzed b. Shall collect the sample for analysis, in the presence of the occupier/his agent c. Cause the sample to be placed in a container(s) which shall be marked & sealed & shall be signed by both d. Send without delay, the container(s) to the laboratory recognized by the Central Govt.
  26. 26. 12. ENVIRONMENTAL LABORATORIES (1) The Central Government may, by notification in the Official Gazette,-- (a) establish one or more environmental laboratories; (b) recognize one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act. (2) The Central Government may, by notification in the Official Gazette, make rules specifying— (a) the functions of the environmental laboratory; (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
  27. 27. 13. GOVERNMENT ANALYSTS The Central Government may by notification in the Official Gazette, appoint or recognize such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognized under sub-section (1) of section 12. 14. REPORTS OF GOVERNMENT ANALYSTS Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act.
  28. 28. EP ACT, 1986 15. Penalty for the contravention of provisions of the Act 1. Punishable with imprisonment for a term which may extend to 5 years with fine which may extend to one lakh rupees, or with both, and if the contravention continues, with additional fine which may extend to 5000 rupees for every day 2. If the contravention continues beyond for a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to 7 years
  29. 29. EDC • The Environmental Compensation shall be based on the following formula: • EC = PI x N x R x S x LF • Where, • EC is Environmental Compensation in ₹ • PI=Pollution Index of industrial sector(80,50,30) • N = Number of days of violation took place • R = A factor in Rupees (₹) for EC(250) • S = Factor for scale of operation(0.5,1,1.5) • LF = Location factor(1-2)
  30. 30. Regulations on Hazardous Waste Management  Environment (Protection) Act, 1986  Hazardous Wastes (Management and Handling) Rules, 1989  Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008  Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
  31. 31. Hazardous Waste “Hazardous waste” means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, and shall include as specified in Schedule I /II/III. Schedule-I 38 sector Specified industrial Waste Total 128 types of hazardous waste Schedule-II Class A -Based on leachable concentration Class B &C- characteristics Schedule-III For Import -Export Schedule- IV Commonly recyclable waste
  32. 32. Definitions “waste” means materials that are not products or by-products, for which the generator has no further use for the purposes of production, transformation or consumption. Explanation.- for the purposes of this clause, (i) waste includes the materials that may be generated during, the extraction of raw materials, the processing of raw materials into intermediates and final products, the consumption of final products, and through other human activities and excludes residuals recycled or reused at the place of generation; and (ii) by-product means a material that is not intended to be produced but gets produced in the production process of intended product and is used as such;
  33. 33. Responsibilities of the occupier (1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely: - Prevention - Minimization - Reuse - Recycling - Recovery, utilisation including co-processing - Safe disposal (2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes.
  34. 34. Responsibilities of the occupier (3) The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility. (4) The hazardous and other wastes shall be transported from an occupier’s establishment to an authorised actual user or to an authorised disposal facility in accordance with the provisions of these rules. (5) The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a treatment, storage and disposal facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.
  35. 35. Responsibilities of State Government • Department of Industry in the State or any other government agency - to earmark or allocate industrial space or shed for recycling, pre-processing and other utilisation of hazardous or other waste in the existing and upcoming industrial park, estate and industrial clusters. • Submit annual report to the Ministry of Environment, Forest and Climate Change on integrated plan for ensuring environmentally Sound Management of Hazardous and other wastes. • Department of Labour in the State or any other government agency shall ensure the following in respect of workers involved in recycling, pre- processing and other utilisation of HW ; a) Recognition and Registration of workers b) Imparting industrial skill development activities c) Monitoring safety and health of workers.
  36. 36. Provisions for obtaining Grant of authorization • Occupier shall obtain an authorization / renewal of authorisation from the SPCB/PCC in Modified Form 1. Applicant shall enclose copies of CTE, valid CTO. A Self certified compliance report shall be enclosed in case of renewal application. • SPCB/PCC shall grant authorisation in Modified Form 2 after ensuring technical capabilities and equipment complying with the Standard Operating Procedures (SOP) or other guidelines specified by CPCB through site inspection. • The authorisation granted shall be accompanied with copy of field inspection report signed by that Board. • Handing over of the hazardous and other wastes to the authorised actual user shall be only after making the entry into the passbook of the actual user • Includes Authorization for recycling of Other wastes listed in Schedule - III
  37. 37. Utilisation of hazardous and other wastes Rule-9 : Provisions of Utilization of HW (1) SPCBs/PCCS may grant authorisation to actual users for utilization or recycling of Hazardous Waste for which Standard Operating Procedures (SOPs) or guidelines have been issued by CPCB from time to time. (2) Where SOPs are not available, the applicants shall approach CPCB for grant of approval, which may be given by CPCB on the basis of trial runs. Upon completion of successful trial run, CPCB shall prepare SOPs for such Utilization and circulate the same to all SPCBs. (3) No trial runs are required for co-processing as the co-processing standards are notified.
  38. 38. Treatment, Storage & Disposal Facilities • The State Government, occupier, operator of a facility or any association of occupiers shall individually or jointly or severally be responsible for, identification of sites for establishing the facility for treatment, storage and disposal of the hazardous. • Operator of common or captive TSDF shall obtain approval from the SPCB for design and layout of TSDF. • SPCB shall monitor the setting up and operation of captive/Common TSDF. • Operator of common or captive TSDF shall be responsible for safe and environmentally sound operation and its closure and post-closure phase.
  39. 39. Transportation of hazardous and other wastes (Manifest System) (1) The sender of the waste shall prepare seven copies of the manifest in Form 10 comprising of colour code indicated below and all seven copies shall be signed by the sender: (3) No transporter shall accept waste from the sender for transport unless it is accompanied by signed copies 3 to 7 of the manifest.
  40. 40. Waste Management Hierarchy Waste Minimization Reuse & Recycling Co-processing Incineration Landfill Preferable Less Desirable 40
  41. 41. CO - PROCESSING • Definition: Co-processing is the use of waste as raw material, or as a source of energy or both to replace natural mineral resources and fossil fuels such as coal, petroleum, gas mainly in energy intensive industries like cement, lime, steel, glass and power generation. • Waste materials used for co-processing are referred as AFR i.e. Alternative Fuel and Raw material 41
  42. 42. Within Gujarat 4,03,780.7 MT Outside Gujarat 8,03,118.5 MT Total hazardous waste Co-processed 12,06,899 MT Total plastic waste processed in year 21-22 up to Feb22- about 54736MT Total waste co processed including non hazardous waste and fly ash in year 20- till Feb 22 @ 32.26 lac MT Cumulative waste disposed through co processing since 2009 till Feb 22 is about 34 Million Metric ton Tentative figures of coal saved in one cement industry of state: 2018-19 - 40925 MT (Coal or other fuel) 2019-20 - 27908 MT (Coal or other fuel) 2020-21 - 20898 MT (Coal or other fuel) Total Hazardous waste Co-processed During year 2021-22
  43. 43. Waste co-processed (GPCB) 3.815 4.179 4.434 4.734 4.550 0 1 2 3 4 5 2015-16 2016-17 2017-18 2018-19 2019-20 Million MT Waste Co-processed in Cement Industries Year: April to March 43
  44. 44. Plastic waste co- processed(GPCB) 52.74 94.15 68.97 86.55 94.10 0 25 50 75 100 2015-'16 2016-'17 2017-18 2018-19 2019-20 Thousand MT Plastic Waste Co-processed Year: April to March 44
  45. 45. CEPI CPA : Score >= 70 SPA : Score 60 to 69 Other Polluted areas : 50 to 59 • Score covers water pollution index, air pollution index and land pollution index. • Each index have factors A ,B, C, D • A reflects density and type of units existing in the area • B reflects level of pollutants • C reflects adequacy of treatment facilities • D reflects health impact on vicinity
  46. 46. THANK YOU