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. (g/m3)

250 200 150 100 50 0 2001

Delhi

2002

2003
Mumbai

2004

2005 Year
kolkata

2006

2007
Chennai

2008

2009
NAQS

Delhi 90
Annual Avr. Conc. (g/m3)

Mumbai

kolkata

Chennai

NAQS

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 15.0%

Industries 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 attention CETP Scheme Sponsored is being Scheme recast needs at GoI greater 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 reengineering 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
Establishment of NEPA

ACTION TAKEN REPORT

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

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

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