Compliance to Environment Regulations :

State Pollution Control Board Context

Dr. D. K. Behera
Sr. Env. Scientist, SPCB, Odisha
dk_behera@yahoo.com

International Conference on Env. Governance and Enforcement
WBPCB, Kolkota
19
th
, March, 2013
Environmental governance in India
LEGISLATION
IMPLEMENTING
INSTITUTIONS
PCB, DOEF, MOEF
EXPERT
ORGANISATIONS
NEERI, TERI
CITIZEN
JUDICIARY
Policy Making Agency (MoEF)
State Govt.
Adoption of Acts
Monitoring Agency (CPCB)
Implementing Agency (SPCB)
Project End
Project Approval
Consent to Establish
Project Completion
Detail Assessment
(Consent to Operate)
Project Continue
Monitoring
Closure
Regulation
of Services
Conviction Court Public Suit
Non-
Compliance
Compliance
with Norms
Pollution Abatement Policy Enforcement Mechanism
in India
New Units
Application to SPCB for CONSENT TO ESTABLISH
Consent Granted
Project
Conception
Stage
Permission for Trial Run
Performance Evaluation
by SPCB
Not
Satisfactory
Grant Of CONSENT TO OPERATE
Monitoring by SPCB
Construction
Stage
Operational
Stage
Renewal Of Consent
Change In
Process
/ Raw
material /
Expansion
of facility
Compliance Process
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)
C
H
A
I
R
M
A
N

M
E
M
B
E
R

S
E
C
R
E
T
A
R
Y

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
Regional
Offices
SPCB, Odisha
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
Functional Indicators During 1986-
87
During 1996-
97
During 2006-
07
Increase in 10
years
No. of industries / mines under admn.
a.Consent cases
b.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
INCREASE IN WORK LOAD in OSPCB
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
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 : 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


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

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
Pollution Management-SPCBs
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 pollution
control guideline and inspection protocol
IT Based functioning
THANK YOU