MONITORING COMPLIANCE OF

ENVIRONMENT / CRZ

CLEARANCE CONDITIONS -

A NEW APPROACH

JULY 23, 2010

Ministry of Environment & Forests

Structure of Presentation:

• Context

• Regulatory Framework

• Present system of Monitoring: An Analysis

• Compliance of EC conditions: An Analysis

• New Approach to Monitoring EC Compliance

• Way forward

Context:

A Committee was constituted on 14th

December, 2009 under the Chairmanship of AS(JMM) to examine the issues relating to monitoring of projects in light of inputs like Prof. Swaminathan Committee Report, 2009 and EIA 2006.

The ensuing presentation is based on the deliberations of this Committee

Present Regulatory System

Water (Prevention & Control of Pollution) Act 1974

•Consent to establish and Consent to Operate are granted by SPCB/PCC

•Effluent standards as evolved by CPCB/SPCB and notified

by MoEF under EP (Act) 1986 are prescribed in consent order •Consent conditions are monitored by R.O/Z.O of SPCB/PCC

periodically •Industry is also supposed to monitor (on his own or through

recognized laboratory) and submit compliance report to SPCB/PCC respectively

•Z.O of CPCB also undertake on selected/random basis

monitoring of industries in case of 17 categories of highly polluting industries

•SPCB/PCC/CPCB also monitors performance of CETP’s

Air (Prevention & Control of Pollution) Act, 1981

•Consent to establish and consent to operate are granted by

SPCB/PCC •Emission standards as evolved by CPCB/SPCB and notified

by MoEF under EP (Act) 1986 are prescribed in Consent

order •Consent conditions are monitored by RO/ZO of SPCB/PCC

periodically •Industry is also supposed to monitor (on his own or through

recognized laboratory) and submit compliance report to SPCB/PCC respectively

•Z.O of CPCB also undertake on selected/random basis

monitoring of industries in case of 17 categories of highly polluting industries

Environment (Protection) Act, 1986:

This is an Umbrella Act to deal comprehensively

with the issues relating to environment inter-alia;

water, air and land and the inter relationship which

exists among and between water, air and land and

human beings, other living creatures, plants, micro-

organism and property.

It provides for penalty for contravention of the

provisions of the Act and the Rules, Orders and

Directions under the Act.

The compliance provision is built into the Rules

under the Act.

Hazardous Waste Management Rules, 1989/2008

•Under these Rules, industries which are

generating Hazardous Waste are supposed to take

Authorization from SPCB/PCC respectively

•Transport, Storage and Disposal Facility (TSDF)

have been set up in different States for disposal of

Hazardous wastes

•Performance Monitoring of TSDF / Incinerator is

responsibility of SPCB/PCC.

Environment Impact Assessment Notification, 2006 and CRZ Notification, 1991

•Category ‘A’ projects, environmental clearance by

MoEF; Category ‘B’ projects, environmental clearance

by State Environmental Impact Assessment Authority

(SEIAAs)•Compliance Monitoring of environment clearance

conditions by Regional Offices of MoEF and in some

cases jointly with ZO of CPCB

•Permission under CRZ Notification at Central level

and State level depending on the nature and size of the activity

•Violation of the CRZ Notification are monitored by

ROs of MoEF/ SCZMAs

Present System of Monitoring:An Analysis

Present System of Monitoring

6 Regional Offices of MoEF monitor the

compliance of conditions stipulated in

environment / CRZ clearance

Violations of CRZ Notifications monitored by

NCZMA & SCZMAs

Six-monthly reports submitted by the

proponents are also analysed

Consent conditions under Water and Air Act

are monitored by the respective SPCBs /

UTPCCs.

Limitations in Existing System of Monitoring:• Effective monitoring of all conditions not done

• No Lab facilities in the ROs of MoEF

• ZOs of CPCB/ROs of SPCBs are engaged in monitoring of pollution control conditions and not all Environmental Clearanceconditions

• Monitoring by SCZMAs does not meet the challenges involved

• Private Lab (Third party) monitoring results are unreliable

• Self monitoring by industries is not very effective

• Monitoring / compliance data are not posted on MoEF/SPCB/industry website; therefore lack of transparency

• Shortage of trained skilled manpower in ROs of MoEF, ZOs of

CPCB, ROs of SPCB/PCC for compliance monitoring

• EP Act as it exist today is neither deterrent nor punitive enough.

Compliance of EC Conditions: An Analysis

Classification of Conditions:

The EC / CRZ conditions may be classified based on project cycle i.e.

Pre-construction Phase

Construction Phase

Operation Phase

Post Operation / De-Commissioning Phase.

Pre-Construction & Construction Phase:

The EC conditions during pre-construction

and construction phases are such which may

essentially require physical monitoring only.

In case of projects relating to Construction

Sector, Highways, River Valley and Hydro

Electric Projects, Ports, most of the impacts

will be during construction phase and hence

rigorous monitoring of EC conditions would

be required during this phase.

Operation Phase:

In case of Industrial Projects such as

Chemical Industries, Metallurgical Industries,

Thermal Power Projects etc., the maximum

impacts will be during their operation phase

due to emissions and discharges, which need

to be monitored and kept under control. It

would also need to ensure that recycling and

reuse is practiced for optimisation of resource

utilisation and waste minimization and

mangagement. Monitoring of EC conditions in

such projects during operation phase will be of

utmost importance.

Post Operation / Closure:

The post operation / closure phase is very

significant in certain category of projects such

as Mining Projects, Nuclear Power Projects

and TSDF Projects. Unless due care is taken

during this phase, these projects have

significant potential to adversely affect the

environment including human population.

Monitoring of EC conditions in such projects

during this phase of project cycle would be

very much desirable.

New Approach to Monitoring EC / CRZ Compliance

Elements of New Approach:• Synergy of available resources in terms of

manpower, laboratory facilities etc.

• Involvement of specialized Agencies /

Institutions in monitoring EC compliance

• Transparent self monitoring by project

proponent

• Enhancement of penalty

• Use of IT/Space technology for inter-agency

coordination, putting information in public

domain and check CRZ violations.

Synergy of Available Resources:

The technical manpower and the laboratory

facilities available with the CPCB / SPCBs

may be made use of in monitoring

compliance of EC conditions. The conditions

relating to compliance with the emission and

discharge standards by various industries

could very well be monitored by the

respective SPCBs / UTPCCs.

Third party monitored data could also be

cross checked by SPCBs for their reliability

and authenticity.

Involvement of Specialized Agencies / Institutions:

The various identified specialized institutions may be involved in monitoring compliance of EC conditions in respective areas

Area Possible Institutions

Physical Monitoring during pre-construction and construction phase

ROs of MoEF

Air Pollution, Water Pollution, compliance with emission/discharge standards, Hazardous Waste Management

CPCB, SPCBs / UTPCCs

Area Possible Institutions

Green Belt / Plantation / Compensatory Afforestation, Catchment Area & Command Area Development, Biodiversity Conservation

ICFRE, FSI, ICAR, WII, Central Soil and Water Conservation Research and Training Institute

OB / Tailings ManagementMine Closure PlanMine Safety

IBM, Central Mining Research Institute, Indian School of MinesDGMS

Energy EfficiencyBuilding Layout, Rainwater Harvesting and other conditions for construction projects

BEESchool of Planning and Architecture

Radioactive PollutantsNuclear Waste Management

Health Physics Division,Environmental Surveillance Labs, BARCAERB

Marine / Oceanography related issues and CRZ Issues

NIO, Goa, NIOT, Chennai, NCSCM,SAC, Ahmedabad and SCZMAs

Transparency in Self Monitoring by PP:

The project proponent should ensure

compliance with the stipulated EC conditions

with the help of in house team of experts.

The status of compliance should be reported to MoEF and its ROs, CPCB, SPCB and also put

on the website of the Company, display board

at a prominent place near the main gate

Each unit should identify a senior person, both

at plant level and company level, who will be liable for non-compliance, analogous to mines

manager under Mines Act.

Enhancement of Penalty:

• Quantum of Penalty for non-compliance of

the EC conditions may be sufficiently be high

and there should be no ceiling for very

serious offences.

• Serious offences should be cognizable by

police and non bail-able.

• Process of penalty should be swift and

prompt in terms of payment of penalty.

Use of IT / Satellite Technology:

• Use of IT may be made for enhanced interaction and coordination among various Regulatory Agencies.

For the purpose, the compliance reports may be put

on the website and updated regularly based on the compliance status provided by the proponent as well

as by the monitoring agencies

• Action taken or proposed by Govt. Authority or Courts

should also be in public domain.

• Use of satellite imageries for pollution monitoring and

CRZ encroachments / violations.

Format of Reporting:

The monitoring report should focus on:

Availability of all the requisite statutory clearances for the project

Compliance with the notified emission and discharge standards

Compliance with the physical conditions

Compliance with the conditions required to be implemented pari passu with the project and the slippage, if any.

Post Monitoring Actions:

Depending on the degree of non-compliance and its severity, actions could be:

Persuasive and

Punitive

What will it involve?

Strengthening of Regional Offices of MoEF, CPCB and SPCBs

Discussion with the identified institutions to decide on the details of the work and procedure to be followed

To develop a mechanism for funding these

institutions

Delegation of powers to these institutions under

Section 5 of EP Act.

Amendment to EP Act to enhance the penalty for

non-compliance

Innovative methods of involving various stakeholders

such as Industry Associations, NGOs and Civil Society.

Way Forward:

The draft approach paper of the Monitoring

Committee which is almost ready will be put

on the website of the Ministry for seeking

comments of all Stakeholders for about a

month and thereafter the report will be

finalized and action taken accordingly for

strengthening the compliance monitoring

mechanism.

The above suggested approach will apply

irrespective of whether Apex Body for

monitoring is MoEF or NEPA

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