Pollution Control ActsAnd Regulations Of

India

By-Dr. RAHUL SHRIVASTAVABDS,FAGE,MPH(2nd Sem)

INTRODUCTION• Air pollutant means any solid, liquid or gaseous substance

(including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

CAUSES

• Industrialization is on the increase and so is the environmental pollution due to emissions and waste generated from these industries. The industrial pollution due to its nature has potential to cause irreversible reactions in the environment and hence is posing a major threat to sustainable development. Since the carrying capacity of the environment is not unlimited and some areas or ecosystems are more susceptible to adverse environmental impacts than others, the unplanned and haphazard location of industries might substantially increase the risk to the environment.

• Presently, regional plans that in-build environmental components and provide for industrial zones compatible to the surrounding land uses do not exist in India. Hence, the industrial entrepreneur is forced to purchase a site convenient to him and then apply for clearances. Normally, an industrial site even if is presently not in an earmarked/notified industrial land use, the land use conversion is made based on clearances from environmental aspects and other considerations, such as availability of electricity, water supply, etc.

• The present site clearance procedures also insist on carrying out Environmental Impact Assessment (EIA) for certain projects. The EIA process turns out to be a myopic assessment as the reports are several times engineered to meet the desired results. Even if an impact is found as a result of the EIA, the impacts are nullified by changing the manufacturing process or the treatment technology.

• Also, EIA is lengthy procedure besides being expensive and, in addition, is proving to be a set back in fast and realistic decision-making process. Due to lack of land use controls around the industrial sites, areas/uses sensitive to pollution come up in the vicinity of the industrial areas.

• The impacts, which are mainly depending on the distances to the receiving environment, are noticed due to such uncontrolled land use changes. Adoption of strategic EIA region-wise is being considered appropriate rather than site-specific or project-specific EIA.

POLLUTION CONTROL ACTS• By Harish C. Sharma• In 1976, when the Indian parliament passed the 42nd

amendment to its constitution safeguarding the environment, it became the first country in the world to do so.

• The amendment was to “endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.”

• It imposes a duty on every Indian citizen “to protect and improve the natural environment including forests, lakes, rivers, and wild life, and to have compassion for living creatures.”

• According to the Environment Protection Act of 1986, Environment is that which includes the “inter-relationship which exists among and between water, air, and land and human beings, other living creatures, plants, micro-organism and property.”

• Essentially, The Water (Prevention & Control) Act, 1974 can be considered to be truly the first regulations.

• It has been amended many times since then.

Basically, there are seven Pollution regulations.1. The Water (Prevention & Control of Pollution) Act, 1974, and its

amendments;2. The Water (Prevention & Control of Pollution) Cess Act, 1974 and

its amendments;3. The Air (Prevention & Control of Pollution) Act, 1981 and its

amendments;4. The Environment (Prevention) Act, 1986 and its amendments,

(a) National Environmental Tribunal Act of 1995 and(b) National Environmental Appellate Authority Act of 1997;

5. Hazardous Waste (Management and Handling) Rules, July 1989 and

6. The Public Liability Insurance Act, 1991.7. The Public Liability Insurance Act 1991 has been included as the

sixth environmental regulation because it is the first regulation which gives some teeth to the other five pollution regulations listed above.

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

• This Act was passed for the “prevention, control and abatement of air pollution.”

• This law defined an air pollutant as “any solid, liquid or gaseous substance present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.”

• In this Act, power to declare air pollution, control areas has been given to the state government after consulting the State Board.

• By this, it may control or even prohibit burning of certain materials in those specific areas.

• This Act requires approval prior to operating any industrial plant.

• Government may suggest “control equipment” prior to giving its consent to any industry for its operation.

• It may include chimney etc. In case there is any new technology for emission control, then the Board may insist on this to being installed.

• Standards specific to industries have been specified.• Penalties were for a minimum of six months imprisonment to

a maximum of seven years and fine up to Rs. 5,000 for every day during which contravention continues after conviction for the first such contravention.

• This law makes it clear that when offenses are committed by a company, its director, manager, secretary or other officers could be held guilty and punished accordingly.

POLLUTION FROM AUTOMOBILES AND THEIR STANDARDS

• To combat this increasing pollution from vehicles, new and tougher auto standards are being enforced.

• The Environment (Pollution) Rules, 1986 contain these regulations.• The standards recommended during idling for all four wheeled

petrol driven vehicles for carbon monoxide shall not exceed3 percent by volume.

• Idling carbon monoxide emission limit• for all two and three wheeled petrol driven vehicles shall not

exceed 4.5 percent by volume.• Cars with mass less than 1,020 kg. load on the axle will be

permitted to emit a maximum of five grams of carbon monoxide per kilometer.

• The combined emission of nitrous oxide and hydro carbons shall not exceed 2 grams per kilometer.

• The above standards are for petrol driven vehicles only.• For diesel driven vehicles, the regulations are different. • For all medium and heavy diesel vehicles with capacity over

3.5tons, they should not emit more than 11.2 gms. of carbon-monoxide per kilowatt hour (kWh) equivalent burning of fuel.

• The maximum permissible levels for nitrous oxide and hydrocarbons are 14.4 and 2.4 gms. per kWh.

• The Ministry of Environment and Forests, Government of India now also issues the ECOMARK notifications.

• They are issued to consumer products that meet certain Indian Standards Institute guidelines. The product should be friendly to the environment.

Disadvantages in the present practice of not defining industrial areas

• The entrepreneur has no knowledge of the environmental conditions and consequences of his industry which depends on the site selected. He may land up investing in an environmentally extremely sensitive site and consequently might find it difficult in getting clearance from the regulatory authority.

• Depending on the location specificity, an industry may have to provide more elaborate and costlier pollution control equipment to meet more stringent standards than those permissible, in order to avoid adverse impacts caused by extreme site sensitivity.

• The pollution control equipment provided by an industry may not perform efficiently and with reliability because of factors beyond control and hence there is a risk of pollution.

• Due to scattered industrial development, combined treatment or disposal facilities, that may be much more economical and effective than providing facilities by industries individually, cannot be provided.

• Pollution control programmes cannot be planned effectively with perspective due to haphazard development. Also, decision making becomes difficult due to unplanned development.

• Due to increasing public awareness on environmental aspects and due to the risks involved in isolated location, an industry is under pressure for compliance with stringent standards and the regulatory authorities are forced to take up immediate action.

LIST OF POLLUTING INDUSTRIES

1. Primary metallurgical producing industries viz. zinc, lead, copper, aluminum and steel.

2. Paper, pulp and newsprint3. Pesticides/insecticides4. Refineries5. Fertilizers6. Paints7. Dyes8. Leather tanning9. Rayon10. Sodium/potassium cyanide

11. Basic drugs12. Foundry13. Storage Batteries (lead acid

type)14. Acids/alkalis15. Plastics16. Rubber - synthetic17. Cement18. Asbestos19. Fermentation industry20. Electro-plating industry.

• The Central Pollution Control Board (CPCB) has decided to build up the tool of environmental planning, in phases for the protection of the environment.

• The most immediate need is to properly site industries so as to reduce the risks of pollution and to protect the environment.

• There is also a need to simplify and support decision-making process on site clearance for locating an industry.

• CPCB had prepared industrial siting guidelines for the Union Territory of Pondicherry in, as early as, 1988 and subsequently similar guidelines were prepared for Hassan District of Karnataka in 1992 under the Indo-German bilateral programme.

• The results from these studies have been encouraging, emphasizing the need for conducting such programmes at national level.

• CPCB in consultation with the State Pollution Control Boards (SPCBs) decided to prepare ‘Zoning Atlas for Siting of Industries’, based on environmental considerations, District-wise, throughout the country.

THE ZONING ATLAS• Zoning Atlas for siting of industries zones and classifies the

environment in a District and presents the pollution receiving potential of various sites/zones in the District and the possible alternate sites for industries through easy-to-read maps.

• The objectives of preparing a Zoning Atlas for siting of industries are:

• To zone and classify the environment in a District;• To identify locations for siting of industries; and• To identify industries suitable to the identified sites.

Benefits of Zoning atlas• Provides a ready-reckoner for best suitable site and relevant

environmental information.• Makes decision-making process simpler, faster, realistic, transparent and

reliable.• Provides a basis for incorporating environmental aspects into physical

(land use) planning process that is lacking in the country.• Helps in planning cost-effective pollution control measures and

programmes.• Helps an entrepreneur in readily finding out the location best suited to

site an industry thereby saving time, efforts, investment and risk instead of heading for an unknown site, conducting environmental impact assessment and awaiting clearance by the regulatory authorities.

• Helps develop infrastructure facilities, such as roads, water supply, electricity etc. and provide common waste treatment and disposal facilities.

• Helps check additional pollution in the areas already over-stressed with pollution.

• Ensures that pollution potential of an industry is made compatible with the local conditions of the site.

• Ensures that an industry, with high pollution potential desiring to locate in a high risk area, will have to adopt clean technologies for manufacturing process so as to prevent generation of wastes/pollution thereby making it compatible with the receiving environment.

• Helps in increasing awareness of the public on type of industries and nature of pollution anticipated in their neighborhood well in advance. AND

• Helps achieve sustainable development.

• The public through the Zoning Atlas, will know the locations of industrial development, the type of industries that are likely to come up and the anticipated pollution in their neighborhood. They can decide on the acceptability of such a development even before an industry actually comes up. This eliminates apprehension against forcing pollution on them.

Working of Zoning atlas at public level

Do‘s (AT HOME) Don'ts

• Use mug instead of running tap while brushing teeth.

• While watering plants, instead of running hose, use water cane.

• Use a toilet flush which consumes less water.

• Carry cloth, jute or paper bag to the market..

• Use dustbin for garbage disposal.• Plant a garden. Even in urban

settings, you can grow herbs and flowers in pots.

• Wear extra-layer of clothes at home instead of turning up the heater.

• While shaving, use mug instead running hose.

• While taking bath, don't use shower run for long.

• Don't allow water overflow from the over head tank.

• Don't louder the volume of your TV, radio and music

• Don’t buy loud crackers during Deepawali

• Never leave food residue in your plate uneaten.

• Don't over packaged’ goods and foods. Containers and packaging make up about a quarter of the waste stream

• Avoid unnecessary use of lights and fans

Prevention and Control of Vehicular PollutionDo‘s Don'ts

• Carpoo, Two - or four - can ride as

cheaply as Get a valid pollution under control certificate from authorized testing centre.

• Clean up your act. Keep automobiles fuel filters clean and save the fuel.

• Clean the air filter and oil filter regularly.

• Clean the carbon deposit from silencer.• Maintain recommended tyre pressure.

• Don't use extensively your private vehicles, try to use public transportation whenever possible.

• Avoid congested road and rush hours.• Don’t idle away energy. Beyond one

minute, it is more fuel - efficient to restart your car

• Don't forget to Keep your vehicle tuned up When a vehicle is running well, it uses nine per cent less fuel and thus emits fewer toxic and noxious fumes.

• Don't try to replicate mechanical works and experiment with your car..

• Don't forget to replace your old battery with new battery when it required.

References• http://www.environmentallawsofindia.com/the-air-

act.html• http://cpcb.nic.in/• http://cpcb.nic.in/Env_Planning.php• http://cpcb.nic.in/Citizens_charte.php#2• Sharma H. C., “ENVIRONMENTAL POLLUTION

COMPLIANCE”, CBS Publishers, New Delhi, India. 1994.• Sharma H. C., “A Dictionary of Environmental Terms

(With Hindi Translation)”, CBS Publishers, New Delhi, India. 1999.