Environmental laws

Environmental Legislation in India

• The Water (Prevention and control of Pollution) Act 1974

• The Water (Prevention and control of Pollution) Cess Act 1977

• The Air (Prevention and control of Pollution) Act 1981

• The Environment (Protection) Act 1986• The Environment (Protection) Rules 1986• The Public Liabilities Insurance Act –1991• National Tribunal Act - 1995

Enforcing Agencies

• State Pollution Control Boards for states• Central pollution Control Board for Union

Territories

1.Compliance Requirements - Water Act and Rules

• Submit information of liquid effluent such as quantity, quality, treatment method and disposal

• Obtain consent to operate. Renew the consent periodically at the frequency as mentioned in the consent.

• Consent specifies location specific standards – comply with it

Compliance Requirements - Water Rules

• Records to be maintained meticulously.• Conduct analysis of samples drawn from

treated and untreated water and submit report to SPCB

2. Compliance Requirements - Air Act and Rules

• Submit information of various emissions such as quantity, quality and control method

• Obtain air consent and adhere to conditions stipulated

• Periodically collect samples from all stacks, vents and exhaust of critical operations and submit report to SPCB

• Insist on Pollution Under Control (PUC) certificate for all the vehicles entering the premises.

• PUC to be maintained for all the in house vehicles including Diesel operated Fork Lifts even though they may be used only within the factory premises.

Air Rules

• Provides National Ambient Air Quality Standards• Specifies permissible levels for industrial , residential

and sensitive areas• Annual average – minimum 104 measurements taken

twice a week 24 hours or 8 hourly at equal intervals• The limits may exceed standards only 2% of the time

but not on two consecutive days

Air Pollutants in Schedule

• Sulfur dioxide• Oxides of nitrogen• Suspended Particulate Matter (SPM)• Respirable SPM• Carbon monoxide• Lead• Ammonia

3. Environmental Protection Act (EPA) - Rules

• Submit Enviro. Statement in Form 5 every year by organisations requiring consent to operate.

• Schedule I – Industry specific limits• Schedule III – Ambient Air Quality standards for noise• Schedule IV – Motor vehicle Emission limit• Schedule V – furnishing of information to Authorities and

Agencies in certain cases• Schedule VI – General Standards for Discharge of

Environmental Pollutants• Schedule VII – National Ambient Air Quality Standards

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)  

Pollutant

 Time WeightedAverage

Concentration in Ambient Air Method of Measurement

Industrial Area

Residential, Rural and

other Areas

Sensitive Area

Sulphur Dioxide (SO2)

Annual Average* 80 µg/m3 60 µg/m3 15 µg/m3 1. Improved West and Gaeke Method2. Ultraviolet Fluorescence

24 Hours Average**

120 µg/m3

80 µg/m3 30 µg/m3

Oxides of Nitrogen as NO2

Annual Average* 80 µg/m3 60 µg/m3 15 µg/m3 1. Jacob & Hochheiser modified (NaOH-NaAsO2) Method

2. Gas Phase Chemiluminiscence24 Hours Average**

120 µg/m3

80 µg/m3 30 µg/m3

Suspended ParticulateMatter (SPM)

Annual Average* 360 µg/m3

140 µg/m3 70 µg/m3 High Volume Sampling (Average flow rate not less than 1.1m3/minute)

24 Hours Average**

500 µg/m3

200 µg/m3 100 µg/m3

Respirable Particulate Matter (Size less than 10µm) (RPM)

Annual Average* 120 µg/m3

60 µg/m3 50 µg/m3  Respirable Particulate Matter Sampler

24 Hours Average**

150 µg/m3

100 µg/m3 75 µg/m3

Lead (Pb) Annual Average* 1.0 µg/m3 0.75 µg/m3 0.50 µg/m3 AAS Method after sampling using EPM 2000or equivalent filter paper24 Hour

Average**1.5 µg/m3 1.0 µg/m3 0.75 µg/m3

Carbon Monoxide (CO)

8 Hours Average**

5.0 mg/m3 2.0 mg/m3 1.0 mg/m3  Non dispersive Infrared Spectroscopy

1 Hour Average 10.0mg/m3

4.0 mg/m3 2.0 mg/m3

Ammonia (NH3) Annual Average* 0.1 mg/m3 -

24 Hour Average**

0.4 mg/m3

 

* Annual Arithmetic mean of minimum 104 measurements in a year twice a week 24 hourly at uniform interval.** 24 hourly/8 hourly values should be met 98% of the time in a year. However, 2% of the time, it may exceed but not on two consecutive days. 

NOTE1. National Ambient Air Quality Standard : The levels of air quality necessary with an adequate margin of safety, to protect the public health, vegetation and property.2. Whenever and wherever two consecutive values exceed the limit specified above for the respective category, it would be considered adequate reason to institute regular/continuous monitoring and further investigations.3. The State Government / State Board shall notify the sensitive and other areas in the respective states within a period of six months from the date of notification of National Ambient Air Quality Standards.

4. Hazardous Materials (Management, Handling

and Transboundary Movement) Rules, 2008 • Provide training to personnel handling hazardous waste

and ensure use of Personal Protective Equipment (PPE).• Identify and address Emergency situations for spillages &

accidents etc.• Hazardous waste to be sold only to registered / licensed

parties• Design, setup, operate and closure of landfill for disposal

of hazardous wastes as per the guidelines & approval of SPCB.

• In case of disposal at an approved outside landfill, packaging, labeling and transportation has to be handled as per Motor Vehicles Act & other guidelines specified by government.

Hazardous Materials (Management, Handling and Transboundary Movement) Rules, 2008

• Containers of hazardous waste to be marked with labels in prescribed format.

• Hazardous waste Manifest needs to be filled up for any movement of hazardous wastes to disposal facility.

• Obtain No Objection Certificate from SPCB for inter and intra-state transportation of hazardous waste, in addition to providing transport Emergency card (TREM) to the transporter.

• In case of any accident, clean up shall be carried out.

5. Manufacture, Storage ,Import of Hazardous Chemicals Rules 1989 Amend 2000

• This Rule has been enacted to prevent industrial accidents leading to environmental pollution.

• Check for applicability from the list of chemicals (684 chemicals, flammable and toxic).

• MSDS to be available for all the chemicals including proprietary ones.

• Any major accident to be reported to SPCB.• Onsite Emergency plan to be made and periodic mock

drills to be conducted to ensure compliance.• Safety audit to be done by an external party and report to

be submitted

6. Bio- Medical Waste- Handling & Management Rules

• Segregation of infectious waste• Waste containers to be color coded and labeled as

specified• Infectious waste to be disinfected using Autoclave before

transported to an approved disposal facility.

7. Ozone Depleting Substances Rules 2000

• Compulsory to register with MOEF

• Restriction on production levels as per "base level" and reductions specified.

• Ban on creating new capacity or expansion of capacity

• Export restricted to countries who are signatory to Montreal Protocol

• Quantity produced in excess of maximum allowable consumption for the respective years, if any, to be for export purposes only.

• Use of halon is prohibited • Use of CFC is prohibited after 1 st January, 2003

ODS Rules• Declaration, in prescribed format, to the seller, at

the time of purchase of ODS

• Exporters & Importers need to register with designated authorities.

• No sales to persons/organizations which have not intimated the Government of India about use of ODS based equipment, including compressors without license.

India’s Proposed Phase-out dates for ODS in the Rules

S.No.Name of Activity Phase-out

Date

1 Manufacture of aerosol products excluding Metered Dose Inhalers (MDI)

Jan. 1, 2003

2 Manufacture of foam products (including domestic refrigerators)

Jan. 1, 2003

3 Manufacture of Mobile Air-conditioners (MAC’S) Jan. 1, 2003

4 Manufacture of other refrigeration &. Air-conditioning products.

Jan. 1, 2003

5 Manufacture of products based on other ODS Jan. 1, 2010

6 Manufacture of Metered Dose Inhalers (MDI) Jan. 1, 2010

7 Use of methyl bromide except Quarantine and Preshipment

Jan. 1, 2015

8 Manufacture of products based on HCFC Jan. 1, 2040

Ambient Air Quality Standards in respect of Noise Area Code Category of Area/Zone Limits in dB(A) Leq

Area Code Category of Area/Zone Limits in dB(A) Leq *

Day Time NightTime

(A) Industrial area 75 70

(B) Commercial area 65 55

(C) Residential area 55 45

(D) Silence Zone 50 40

Leq - contNote 1. Day time shall mean from 6.00 a.m. to 10.00 p.m. 2. Night time shall mean from 10.00 p.m. to 6.00 a.m. 3. Silence zone is defined as an area comprising not less than 100 metres

around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.

8. Fine, Penalties for violation of EPA

• Imprisonment up to 5 years• Fine up to Rs. 1,00,000 • Or both • Additional Rs. 5,000 per day till compliance