Transcript State Pollution Control Board Context
Compliance to Environment Regulations : State Pollution Control Board Context
International Conference on Env. Governance and Enforcement WBPCB, Kolkota 19 th , March, 2013 Dr. D. K. Behera
Sr. Env. Scientist, SPCB, Odisha [email protected]
Environmental governance in India
LEGISLATION IMPLEMENTING INSTITUTIONS PCB, DOEF, MOEF EXPERT ORGANISATIONS NEERI, TERI JUDICIARY CITIZEN
Pollution Abatement Policy Enforcement Mechanism in India Policy Making Agency (MoEF) State Govt. Adoption of Acts Monitoring Agency (CPCB) Project End Closure Regulation of Services Implementing Agency (SPCB) Project Approval Consent to Establish Monitoring Non Compliance Compliance with Norms Conviction Court Public Suit Project Completion Detail Assessment (Consent to Operate) Project Continue
Compliance Process
Project Conception Stage New Units Application to SPCB for “CONSENT TO ESTABLISH” Consent Granted Construction Stage Operational Stage Permission for Trial Run Change In Process / Raw material / Expansion of facility Performance Evaluation by SPCB Not Satisfactory Grant Of CONSENT TO OPERATE Monitoring by SPCB Renewal Of Consent
REGULATORY FRAMEWORK Consent to Establish Public Hearing CRZ Clearance Environmenta l Clearance Constructio n Phase Consent to Operate/Au thorization Operation Phase Monitoring and Review
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
Planning, PW, E-waste SES(P) Consent to Operate, Cess – SEE(C) Mines – SES(M) CTE, EIA, HW Authorisation – SEE(N) BMW, MSW - ES Central Laboratory SES(L) Administration - AO Legal (LO) Regional Offices
SPCB, Odisha
• • • • • • • • •
Statutory Activities Site inspections for CTE, CTO, Authorisation Env. Monitoring (Air, Water, Soil etc.) Public Hearing Grant of Consent <50 crores and compliance verification District Level Meetings Public Complain Account Keeping Closure Direction / SCN Coordinate visits of CPCB, Committees, Expert Committee, HO Officials RTI Compliance
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
Frequency of inspection and monitoring
Red (L & M)- Once in 3 months Red (Small) – Once in a year Orange (L & M) – Once in a year Orange (Small) – Once in 3 years Green (L & M) – Once in 2 years Stone crusher, Brick kilns and hotels – Once in a year.
ULBs and HCUs – Once in a year
Inspection of units
Units regulated per person, OSPCB
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.
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
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
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
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
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
INCREASE IN WORK LOAD in OSPCB Functional Indicators During 1986 87 During 1996 97 During 2006 07 No. of industries / mines under admn.
a.Consent cases b.NOC cases No. of misc. industries (stone crusher & brick kiln) No. of health care units under admn.
Nos. of ULBs No. of public complaints handled 26 50 No activity No activity 0 Insignificant 306 172 No activity No activity 0 Insignificant 1199 639 1200 774 103 296 No. of inspections conducted No. of stack & ambient air monitoring No. of public hearings / consultations 129 40 Not existed 1159 711 Not existed 4097 2590 77 No. of legal cases Amount of cess collected Amount of consent fees collected No. of Acts & Rules notified No. of Regional Offices No. of external technical projects Annual budget of the Board Total Technical Manpower Nos. of units regulated/person 3 0 Rs. 10.95 lakhs 3 Acts & 3 Rules 0 0 Rs. 28.0 lakhs 08 9.5
3 Rs. 1.38 crores Rs. 29.52 lakhs 4 Acts & 9 Rules 4 0 Rs. 298.96 lakhs 35 13.6
72 Rs. 5.56 crores Rs. 866.03 lakhs 4 Acts & 22 Rules 9 5 Rs. 839.12 lakhs 55 71 Increase in 10 years 4 times 3.7 times Additional responsibility Additional responsibility Additional responsibility 3.5 times 3.6 times Additional responsibility 24 times 4 times 29 times 2.5 times 2.5 time 5 times 3 times 1.5
5.2
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
administration in Consent & Authorisation
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
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
: HARMONISATION NEED FOR
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
• •
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
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
•
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 .
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
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
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
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
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 control guideline and inspection protocol
IT Based functioning pollution