ENVIRONMENTAL LEGISLATIONS/ACT

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Legislative Background

Specific provisions on Environmental Protection in Indian Constitution

Directive Principles of State Policy, Fundamental Duties explicitly enunciate the National Commitment to protect and improve the Environment

Ruling of Court - Environment is Fundamental right of life

Major Environmental Acts/Rules/Notification The Water (Prevention and Control of Pollution) Act, 1974/1988 The Water (Prevention and Control of Pollution) Cess Act, 1977/

1992/2003 The Air (Prevention and Control of Pollution) Act, 1981/1987 The Environment (Protection) Act, 1986/1991 The Public Liability Insurance Act, 1991/1992 Hazardous Wastes (Management and Handling) Rules, 1989 The Bio - Medical Waste (Management, Handling and

Transboundry Movement) Rules 2009 The Municipal Solid Waste (Management and Handling) Rules

2000 The Batteries (Management and Handling) Rules 2001 The Noise Pollution (Regulation & Control) Rules, 2000 Environmental Statement Notification, 1993 Environmental Impact Assessment Notification, 2006

The Water Act

An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view of carrying out the purpose aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions related thereto and for matters connected therewith. Prevention and Control of Water Pollution Maintaining or restoring of wholesomeness of water Formulation of Pollution Control Boards

Salient Features of Water Act Vests regulatory authority to Pollution Control Boards

(PCB) to establish and enforce effluent standards PCB control sewage/effluent discharge by consent to

discharge PCB advise and assist for selection of appropriate

sites for industrial activities Acts give guidelines for formulation, operation and

other duties/powers of the PCB The 1988 Amendment strengthened the Act’s

implementation provisions and added the Provisions on Citizen’s Suit

The Water Cess Act

An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water Act, 1974. To collect Cess on Water Consumption To meet the expense of Central and State Boards These revenues are used to implement the Water Act

The Air Act An Act to provide for the prevention, control and abatement of

air pollution, for the establishment, with a view to carry out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

Similar Framework as of Water Act Act expand the authority of Boards to include Air Pollution All industries causing Air Pollution must take consent Formulate Standards for Emission from Industries,

Automobiles and Ambient Air Quality Air Amendment Act, 1987 introduced stiffer penalties and

introduced citizen’s Suit provision and added Noise Pollution

Environment Act An Act to provide for the protection and improvement of

environment and for matters connected therewith. In wake of Bhopal tragedy, the Government of India

enacted the Environment (Protection) Act of 1986 under Article 253 of the Constitution.

To implement various International conventions on Environment

Act to cover Protection and improvement of the human environment

Prevention of hazards to human beings, other living creatures, plant and property.

Environment Act

Umbrella legislation designated to provide a framework for Central Government co-ordination of the activities of various Central and State authorities established under Water, Air Act.

Covering broad scope to include water, air and land and the inter-relationships with other living creatures, plants, micro-organisms and property.

Defines broadly the scope of Environmental Pollution and Hazardous substances.

Environment Act Act empowers the Centre to take all such measures

deem necessary or expedient for the purpose of protecting and improving the quality of the environment.

Authorises Central Government to set new National standards for Ambient Air Quality, Emissions, Effluent Discharge

Regulate industrial locations Prescribe procedures for managing hazardous

substances Establishing safeguards for preventing accidents To collect and disseminate information on

environmental pollution

The Public Liability Insurance Act, 1991 An Act to provide for public liability insurance for the purpose of

providing immediate relief to the persons affected by accidental occurring while handling any hazardous substances and for matters connected therewith or incidental thereto.

Liability to give relief in certain cases on principle of no fault. Liability of owner to takeout insurance policies. Verification and publication of accident by District Administration. Establishment of Environment relief fund. Provisions as to other right to claim compensation for death etc. Power of entry, search and inspection. Power to make application to courts for restraining owners from

handling hazardous substances.

Hazardous Wastes Rules Applicable to industries generating, handling, storing

hazardous waste as per schedule Practical steps needed for hazardous wastes treatment,

storage and disposal Hazardous wastes to be collected, treated, stored and

disposed off only on authorised places Authorisation for above to be issued by SPCB Hazardous waste to be packed and transported in

sufficiently safe conditions State government or a person authorised shall undertake a

continuing programme to identify the sites and publish periodically an inventory of disposal sites within the state for disposal of Hazardous wastes.

Environmental Statement Notification As per Environmental Statement Notification, Every

industry is required to submit Environmental Statement for the Financial Year ending 31st March before 30th September.

Environmental Statement enables industry to take comprehensive look on : Industrial Process and facilities Material Balance Areas for Waste reduction Savings Environmental Status

Contents of Environmental Statement Site plan & process flow diagram Material balance, Process inputs and outputs Wastes considered to be hazardous or for which regulations

exist Wastes for which disposal costs are high Listing of unit operations Recording of water usage Current levels of waste re-use/recycling Accounting for waste water (effluent discharge point, waste

water generated from each unit operation) Characteristics of waste water Accounting for gaseous emissions

Contents of Environmental Statement Accounting for off-site wastes Waste reduction measures, including areas of priority-activities

which looked promising from the view point of prevention i.e. good house keeping, technological change, use of alternative raw materials

Targeting and Characterising problem wastes Development of long term waste reduction options including

energy impact, water conservation and substitution of chemicals Environmental and economic evaluation of waste reduction

options, including cost benefit analysis of preventive options Recommendations for developing and implementing and action

plan for reduction of waste and increase of production efficiency and sequence of steps toward waste prevention options

EIA Notification, 2006

To formulate a transparent, decentralised and efficient regulatory mechanism to :

Incorporate necessary environmental safeguards at planning stage

Involve stakeholders in the public consultation process

Identify developmental projects based on impact potential instead of the investment criteria

Stages in Environmental Clearance ProcessStage I : Screening

Screening refers scrutiny of category ‘B’ projects seeking prior environmental clearance made in Form-1 by the concerned State Level Expert Appraisal Committee for determining whether or not the project requires further environmental studies for preparation of EIA for its appraisal depending upon the nature and location specificity of the project.

Stage II : Scoping

Scoping refers to the process by which the EAC in the case of Category ‘A’ projects or activities, and SEAC in the case of Category ‘B1’ projects or activities determine detailed and comprehensive TORs addressing all the

relevant environmental concerns for the preparation of EIA report.

Stages in Environmental Clearance ProcessStage III : Public Consultation

Public Consultation refers to the process by which the concerns of local

affected persons and others who have plausible stake in the environmental

impacts of the project or activity are ascertained.

Stage IV : Appraisal

Appraisal means the detailed scrutiny by the Expert Appraisal Committee or

State Level Expert Appraisal Committee of the application and other

documents submitted by the applicant for grant of environmental clearance.

Flowchart for Revised EC Process for all Cat-A projects (GoI Level)START

Time-line

45 days by SPCB

45 days

Recommended by EC?

END

No

END

No

Yes

Has decision been made by MoEF within 30 days?

END

60 days

60 days

Checklist information as part of pre-feasibility report by PP

Technical Review by MoEF

Specifications of TORs for EIA by Expert Committee

Draft EIA/EMP preparation by PP

Review by MoEF as per ToR Communicate inadequacies (if any)

Appraisal by Independent Expert Committee

PH by SPCB

Reject EIA/ EMP

Technical Review by MoEF

Issue / Reject EC in terms of Expert Committee recommendation

Yes

Decision by MEF

Total = 210 days (with certainty)

Project proponent

MoEF

SPCB

EAC

(EC meets at least once every month on a fixed date)

(EC meets at least once every month on a fixed date)

Revised Environmental Appraisal for Category “B” projects (State level) – Building Projects

Start

Checklist and conceptual plan by PP

Technical review by SEIAA

Recommended?End

Issue of in-principle EC / EMP by SEIAA

Preparation of Building Plans with EMP by PP

Confirmation of the revised plan by SEAC

End

Appraisal by SEAC

Yes

No

Part of normal Project preparation

Part of normal Project preparation

30 days

SEAC meets at least once a month on a fixed

date

Total = 90 days (with certainty)

60 days

SEAC meets at least once a month on a

fixed date

Category ‘A’ Offshore & onshore oil & gas exploration and production Nuclear power projects and processing of nuclear fuel Petroleum refining industry Asbestos milling and asbestos based products Soda ash industry Chemical fertilizers Pesticide and pesticide specific intermediates (excluding

formulations) – All units producing technical grade pesicides Petrochemical complexes (industries based on processing of

petroleum fractions & natural gas and/or reforming to aromatics

Category ‘A’ Oil & gas transportation pipeline (crude and refinery/ petrochemical

products), passing through national parks/sanctuaries/coral reefs/ecologically sensitive areas including LNG terminal

Airports All ship breaking yards including ship breaking units Asbestos mining Primary metallurgical industry All molasses based distilleries Pulp manufacturing and pulp & paper New national highways

Category ‘A’ Integrated paint industry Induction/arc furnaces/cupola furnaces 5TPH or more Isolated storage & handling hazardous chemicals (as per threshold

planning quantity indicated in column 3 of Schedule 2 & 3 of MSIHC Rules 1989 amended 2000)

Aerial ropeways Common effluent treatment plants (CETPs) Common municipal solid waste management facility (CMSWMF) Building and construction projects Township and area development projects Paper manufacturing (non-pulp manufacturing) New state highways

EP ACT 1986 – Emission Standards Central Pollution Control Board (CPCB) has developed

National Standards for Emission under the statutory powers of the Air ( Prevention and Control of Pollution) Act, 1981.

These standards have been approved and notified by the Government of India, Ministry of Environment & Forests, under Section 25 of the Environmental (Protection) Act, 1986.

Emission Standards for different categories of industries have been evolved.

Important Standards

National Ambient Air Quality Standards The Environmental (Protection) Rules, 1986 SCHEDULE III : Ambient Air Quality Standards

in respect of Noise SCEDULE VI : Part - A - Effluent General

Standards for discharge of environmental pollutants

SCHEDULE VI : Part - D - General Emission Standards for Air Emissions

National Ambient Quality Standards, 2009

National Ambient Quality Standards, 2009

Schedule III - Ambient Air Quality Standards in

Respect of Noise Area

Category of Area Day Time (Leq) Night Time

(Leq)

A. Industrial Area 75 70

B. Commercial Area 65 55

C. Residential Area

55 45

D. Silence Zone

50 40 1.Day Time 6 AM - 9 PM2.Night Time 9 PM - 6 AM3.Silence Zone Hospital, Educational Institutions, Courts

Environment (Protection) Rules, 1986Schedule VI Part - A : Effluents

Inland Surface Water

Public Sewers

Land for Irrigation

Marine Coastal Areas

The Environment (Protection) Rules, 1986 - SCHEDULE VIGeneral Standards for discharge of environment pollutants (Part - A : Effluents)S.N. Parameter Inland

Surface Water

Public Sewers

Land for Irrigation

Marine Coastal Areas

1. Colour and Odour Nil Nil Nil Nil

2. Suspended Solids mg/L, Max. 100 600 200 100

3. Particle size of suspended solids < 850 micron - - -

4. pH value 5.5-9.0 5.5-9.0 5.5 - 9.0 5.5-9.0

5. Temperature < 5 oC increase

- - < 5 oC increase

6. Oil and Grease mg/L 10 20 10 20

7. Total residual Chloroine mg/L 1.0 - - 1.0

8. Ammonical N (as N), mg/L 50 50 - 50

9. Total Kjeldahl Nitrogen (as NH3) mg/L

100 - - 100

The Environment (Protection) Rules, 1986 - SCHEDULE VIGeneral Standards for discharge of environment pollutants (Part - D : General Emission Standards for Air Emissions)

S.N.

Parameter Standard Conc. not to exceed (mg/Nm3)

1.

Particulate Matter 150

2.

Total Fluoride 25

3.

Asbestos 4 Fibres/cc and dust should not be more than 2 mg/m3

4.

Mercury 0.2

5.

Chlorine 15

6.

Hydrochloric acid vapour and mist 35

7.

Sulphuric acid mist

50

8.

Carbon monoxide

1 % max. (v/v)

9.

Lead

10

Bagasse-fired Boilers - Emission Standards

________________________________________________________________________________

Type of Boiler Pollutants Concentration in mg/Nm3

________________________________________________________________________________

Step grate Particulate Matter 250

Horse shoe/Pulsating grate Particulate Matter 500 (12% CO2)

Spreader stroker Particulate Matter 800 (12% CO2)

______________________________________________________________

Boiler (Small)Steam Generation

Capacity(TPH)

Pollutant Emission limit(mg/Nm3)

  Less than 2 Particulate Matter 1200*

2 to less than 10 -do- 800*

10 to less than 15 -do- 600*

15 and above -do- 150**

* To meet the respective standards, cyclone/multicyclone is recommended as control equipment with the boiler.

** To meet the standard, bag filter/ESP is recommended as control equipment with the boiler.

Stack Height for Small BoilersFor the small boilers using coal or liquid fuels, the required stack height

with the boiler shall be calculated by using the formula

H = 14 Q 0.3    

Where H = Total stack height in meters from ground level

Q = Sulphur dioxide (SO2) emission rate in kg/hr

In no case, the stack height shall be less than 11 meters.

Where providing tall stacks are not feasible using above formula, the limit of 400 mg/Nm3 for SO2 emission shall be met by providing necessary control equipment with a minimum stack height of 11 meters.

Cement Industry : Emission Standards

Plant Capacity Pollutants Emission Limit (mg/Nm3)

200 tonnes per day and less(All Sections)

Particulate Matter 400

More than 200 tonnes per day

(All Sections)

Note: The Central and the State pollution control boards may fix stringent standards not exceeding 250 mg/Nm3 for smaller plants and 150 mg/Nm3 for larger plant.

Particulate Matter 250

Integrated Iron & Steel Plant : Emission Standards

Pollutant Source Emission limit

Particulate Matter A. Sintering plantB. Steel making  i) during normal

operation ii) during oxygen

lancing

150 mg/Nm3

150 mg/Nm3400 mg/Nm3

  C. Rolling mill 150 mg/Nm3

Carbon Monoxide D. Coke-oven 3 kg/tonne of coke produced

Thermal Power Plant : Emission Standards

Generation Capacity Pollutant Emission limit

Generation capacity 210 MW or more Generation capacity less than 210 MW

Particulate matter

Particulate matter

150 mg/Nm3

300 mg/Nm3

Depending upon the requirement of local situation, such as protected area, the State Pollution Control Boards and other implementing agencies under the Environment (Protection) Act, 1986, may prescribe a limit of 150 mg/Nm3, irrespective of generation capacity of the plant.

Thermal Power Plants : Stack Height/Limits

Generation Capacity Stack Height (Meters)

500 MW and above 275

200 MW/210 MW and above to less than 500 MW 220

Less than 200 MW/210 MW

H = 14 Q0.3 where Q is emission rate of SO2 in kg/hr, and H is Stack height in meters.

Sulphuric Acid Plant

Parameters Emission Limit

Sulphur dioxide

4 kg/tonne of concentrated (100% acid produced)

Acid mist 50 mg/Nm3

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