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
• Hazardous waste
• Manufacture, storage, import of hazardous chemicals
• The Environment (Protection) Act 1986
• The Environment (Protection) Rules 1986
• The Public Liabilities Insurance Act –1991
• National Tribunal Act - 1995
• Biomedical
• Ozone depleting substances
• Noise
• Fines, penalties
 Enforcing Agencies
• State Pollution Control Boards for states
• Central pollution Control Board for Union
Territories
• The Green Tribunal
 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)
      Air
Concentration in Ambient Method of Measurement
Time Weighted
Average Industrial Residential, Sensitive
Pollutant Area Rural and Area
  other Areas
Sulphur Dioxide Annual Average* 80 µg/m3 60 µg/m3 15 µg/m3 1. Improved West and Gaeke Method
(SO2) 2. Ultraviolet Fluorescence
24 Hours 120 80 µg/m3 30 µg/m3
Average** µg/m3
Oxides of Nitrogen Annual Average* 80 µg/m3 60 µg/m3 15 µg/m3 1. Jacob & Hochheiser modified (NaOH-
as NO2 NaAsO2) Method
24 Hours 120 80 µg/m3 30 µg/m3 2. Gas Phase Chemiluminiscence
Average** µg/m3
Suspended Annual Average* 360 140 µg/m3 70 µg/m3 High Volume Sampling (Average flow
Particulate µg/m3 rate not less than 1.1m3/minute)
Matter (SPM) 24 Hours 500 200 µg/m3 100 µg/m3
Average** µg/m3
Respirable Annual Average* 120 60 µg/m3 50 µg/m3  
Particulate Matter µg/m3 Respirable Particulate Matter Sampler
(Size less than 24 Hours 150 100 µg/m3 75 µg/m3
10µm) (RPM) Average** µg/m3
Lead (Pb) Annual Average* 1.0 µg/m3 0.75 µg/m3 0.50 µg/m3 AAS Method after sampling using EPM
2000
24 Hour 1.5 µg/m3 1.0 µg/m3 0.75 µg/m3 or equivalent filter paper
Average**
Carbon Monoxide 8 Hours 5.0 mg/m3 2.0 mg/m3 1.0 mg/m3  
(CO) Average** Non dispersive Infrared Spectroscopy
1 Hour Average 10.0mg/m 4.0 mg/m3 2.0 mg/m3
3

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

24 Hour 0.4 mg/m3

Average**
 
* 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.
 
NOTE
1.       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.
4. 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
 7. 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.
 7. India’s Proposed Phase-out dates for ODS in the Rules
Name of Activity Phase-out
S.No. Date
1 Manufacture of aerosol products excluding Metered Dose Jan. 1, 2003
Inhalers (MDI)
2 Manufacture of foam products (including domestic Jan. 1, 2003
refrigerators)
3 Manufacture of Mobile Air-conditioners (MAC’S) Jan. 1, 2003
4 Manufacture of other refrigeration &. Air-conditioning Jan. 1, 2003
products.
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
 8. Noise
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 - cont
Note
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.
9. 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