Compliance to Environment Regulations : State Pollution Control Board Context

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Compliance to Environment Regulations State
Pollution Control Board Context 
International Conference on Env. Governance and
Enforcement WBPCB, Kolkota 19th, March, 2013

• Dr. D. K. Behera
• Sr. Env. Scientist, SPCB, Odisha
• dk_behera_at_yahoo.com

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Environmental governance in India
LEGISLATION
IMPLEMENTING INSTITUTIONS PCB, DOEF, MOEF
EXPERT ORGANISATIONS NEERI, TERI
JUDICIARY
CITIZEN
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Pollution Abatement Policy Enforcement
Mechanism in India
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Compliance Process
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REGULATORY FRAMEWORK
Consent to Establish
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Public Hearing
Environmental Clearance
Construction Phase
Consent to Operate/Authorization
Operation Phase
Monitoring and Review
CRZ Clearance
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Major Functions of SPCBs
Command Control Principles

• Formulation of preventive measures
• Laying down env. Standards
• Consent and authorisation Administration
• Env. Friendly technology development
• Control of pollution through inspection
  monitoring of industrial units
• Regulation of location of industries
• Disposal of waste (hazardous, plastic, municipal,
  electronic etc.)
• Collection and dissemination of information
• Advise the State Govt.
• Penal action against the violation

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Regional Offices
SPCB, Odisha
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Issues in functioning of SPCBs
Manpower

• Inadequate technical manpower wide variation
  in the ratio of technical to non-technical among
  Boards
• No norm of staffing
• No fulltime Chairman
• Expontial increase in no. of industries and
  legislations
• Result-Env. Performance monitoring inadequate

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Resources

• Water Cess, consent and authroisation fees,
  sample testing fees, bank guarantee, grant-in-aid
  from Central State Govt., project based grants
  etc.
• Many of the SPCBs are self dependent
• Wide difference in consent and other fees among
  SPCBs
• Cess collection from ULBs
• Not much expediture towards pollution prevention,
  R D etc.

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Inventorisation

• Data base on inventorisation of industries both
  under consent and authorisation administration
  still incomplete addition of number of units,
  hotels, hot mix plants, HCEs, brick kilns etc
  etc
• Data management and periodical updation not
  standardised

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Jurisdiction

• Vehicular pollution is beyond the jurisdiction of
  SPCB- source proportionate
• 50-70 of urban air pollution caused due to
  vehicles
• EC consent to establish almost similar
  function
• Lack of Multi departmental coordination
• Overlapping enforcing agencies

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Standards Compliances

• Monitoring frequency stipulated by CPCB not
  achieved
• Standards do not allow percentage of deviation
  except NAAQS Impractical
• Industries tempted to manipulate
• Maintenance of PC equipment not priority by
  industries
• By passing Sponge Iron Plant
• Litigation time consuming more emphasis to
  the process of inspection
• Domestic waste treatment not adequate

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Information flow from Regional Offices of SPCBs

• Poor linking. MIS is weak
• IT based enforcement coming up
• Support accountability of ROs are not uniform
  mechanism not standardized
• SOPs are not well documented
• SPCBs adopt different procedure of enforcement

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Others

• Commutative impact studies (REMP, Carrying
  Capacity Studies) are not done as routine
  quality of the report
• R D by SPCB is not a priority
• Quantification of pollution load studies are
  sporadic
• Health Impact Studies missing

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INCREASE IN WORK LOAD in OSPCB
Functional Indicators During 1986-87 During 1996-97 During 2006-07 Increase in 10 years
No. of industries / mines under admn. Consent cases NOC cases 26 50 306 172 1199 639 4 times 3.7 times
No. of misc. industries (stone crusher brick kiln) No activity No activity 1200 Additional responsibility
No. of health care units under admn. Nos. of ULBs No activity 0 No activity 0 774 103 Additional responsibility
No. of public complaints handled Insignificant Insignificant 296 Additional responsibility
No. of inspections conducted 129 1159 4097 3.5 times
No. of stack ambient air monitoring 40 711 2590 3.6 times
No. of public hearings / consultations Not existed Not existed 77 Additional responsibility
No. of legal cases 3 3 72 24 times
Amount of cess collected 0 Rs. 1.38 crores Rs. 5.56 crores 4 times
Amount of consent fees collected Rs. 10.95 lakhs Rs. 29.52 lakhs Rs. 866.03 lakhs 29 times
No. of Acts Rules notified 3 Acts 3 Rules 4 Acts 9 Rules 4 Acts 22 Rules 2.5 times
No. of Regional Offices 0 4 9 2.5 time
No. of external technical projects 0 0 5 5 times
Annual budget of the Board Rs. 28.0 lakhs Rs. 298.96 lakhs Rs. 839.12 lakhs 3 times
Total Technical Manpower 08 35 55 1.5
Nos. of units regulated/person 9.5 13.6 71 5.2
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Recommendation, Planning Commission, Govt. of
India

• To levy spot fines in case of violation (5-10
  times operational cost of running ETP for the
  period the last visit) (Quaci Judicial Power)
• For arrest / detention of persons responsible for
  toxic waste pollution
• Scientific technical documentation of pollution
• Record statement
• Stepping up of institutional arrangement for
  creating env. awareness
• Benchmarking of frequency of monitoring
• Detail performance study of ETP PC equipment
• Transparency in Consent Authorisation
  administration

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Strength of SPCBs

• Experienced subject specific man power
• Infrastructure in terms of laboratories for field
  investigation
• Competent technically qualified pool of
  Scientists and Engineers
• Exposure and updating on env. Sound technologies
• Promote clean technology
• Developing real time monitoring data management
• Awareness creation

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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

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• 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

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CAG Audit Findings on Water Pollution

• Legislative Policy framework
• Water pollution has not been adequately addressed
  in any policy in India, both, at the federal
  provincial level
• Planning for control of pollution in rivers,
  lakes ground water
• Inadequate planning
• No complete inventory of rivers/lakes and
  keystone species associated with them
• no identification of existing pollution levels in
  rivers and lakes in terms of biological
  indicators etc

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Audit findings

• Implementation of programmes for control of
  pollution
• Projects for pollution control of rivers was
  unsatisfactory 82 were completed after the
  scheduled date of completion
• 28 projects costing 251.27 crore were
  constructed but not utilised as yet
• States implementing the projects faced problems
  in land acquisition, forest clearances, technical
  problems, problems from contractors etc.
• Programme to prevent pollution of lakes also
  ineffective as only 2 of the sampled 22 projects
  had been completed and the rest were either
  continuing beyond the sanction date of completion
  or had been abandoned

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Audit Findings

• Monitoring of programmes
• Inspection and monitoring was inadequate at all
  three levels, i.e., local level, provincial/State
  level and federal/Central level.
• There was paucity of network for tracking
  pollution of rivers, lakes and ground water as
  there were inadequate number of monitoring
  stations, no real- time monitoring of water
  quality and the data on water quality had not
  been disseminated adequately.

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Audit Findings

• Results of programmes for control of pollution in
  India
• Data on the results of programmes not very
  encouraging as majority of rivers remain polluted
  and continue to be plagued by high levels of
  organic pollution, low level of oxygen
  availability for aquatic organisms and bacteria,
  protozoa and viruses which have faecal-origin and
  which cause illnesses
• Most lakes are under threat from nutrient
  overloading which is causing their eutrophication
  and their eventual choking up from the weeds
  proliferating in the nutrient-rich water.
• Implementation programmes for preventing
  pollution of these lakes has had no discernible
  effect

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Pollution Management-SPCBs
1.Environmental Planning (a) Development of
standards and guidelines (b) Development of laws,
rules and regulations 2. Environmental
Monitoring (a) Environment surveillance
(General) (b) Ambient Monitoring (c) Maintenance
of data base
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3. Environment Impact Assessment/Audit (a)
Identification and inventory of source of
pollutant (b) Impact Assessment on different
components of environment (air, water, land and
other natural resources) 4. Laboratory
Management (a) Quality control (b) Research and
development 5. Pollution Control Enforcement
(Facility Specific) (a) Inspection (b)
Prosecution (c) Direction
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6. Technological Intervention (a) Design and
development of appropriate technology (b)
Dissemination of appropriate technology 7.
Environmental Awareness/Information (a) Support
to NGOs/Education Institutions (b) Capacity
building through training programs (c) Mass
awareness through media
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Vision of SPCBs

• Strategic Planning- Broad Institutional goal,
  assesses the performance and develop overall
  strategy
• Operational Planning- Framework of implementing
  strategy derived from Strategic planning
• Uniform staffing and enforcement mechanism
• Laboratory- Nucleus of SPCs- More credible
• Comprehensive monitoring planning and execution
• Development of industry specific pollution
  control guideline and inspection protocol
• IT Based functioning

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THANK YOU