Industrial Environmental Management. Tapas K. Das
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for the Environment and Environment ministries of the Länder collates all acts and regulations within its area of competence. It is broken down into the following fields: General environmental protection; Waste management; Laws on chemicals; Renewable energy/climate protection; Water conservancy; Emission protection; Nuclear safety/radiological protection; Nature and landscape conservation; Chemicals Act (Act on protection against hazardous substances); Chemicals Prohibition Regulation; Hazardous Substances Regulation; and Chemicals Penalty Regulation.
2.12.13 India
In India, environmental law is governed by the Environment Protection Act (EPA, India), 1986 (The Environmental Act 1986; Upadhyay 2012). This act is enforced by the Central Pollution Control Board (CPCB) and the numerous State Pollution Control Boards (SPCBs). Apart from this, there are also individual legislations specifically enacted for the protection of water, air, wildlife, etc. Such legislations include the following:
The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Forest (Conservation) Act, 1980
The Air (Prevention and Control of Pollution) Act, 1981
Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
The Biological Diversity Act, 2002 and the Wild Life Protection Act, 1972
Batteries (Management and Handling) Rules, 2001
Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
Water (Prevention and Control of Pollution) Cess Rules, 1978
Ganga Action Plan, 1986
The Forest (Conservation) Act, 1980
The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002. The acts covered under Indian Wild Life Protection Act 1972 do not fall within the jurisdiction of the National Green Tribunal. Appeals can be filed in the Hon'ble Supreme Court of India (The Indian Wildlife Protection Act 1972)
Basel Convention on Control of Transboundary Movements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
Hazardous Wastes (Management and Handling) Amendment Rules, 2003 (Malik and Malik 2015)
2.13 The Legal and Regulatory Framework for Environmental Protection in India
2.13.1 Introduction
Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally held perception that there is a trade‐off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. The current focus on environment is not new environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than 3000 years old and is reflected in the constitutional, legislative, and policy framework as also in the international commitments of the country.
Even before India's independence in 1947, several environmental legislations existed but the real impetus for bringing about a well‐developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full‐fledged Ministry of Environment and Forests (MOEF) in 1985 which today is the apex administrative body in India for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.
Since the 1970s an extensive network of environmental legislation has grown in the country. The MOEF and the pollution control boards (i.e. CPCB and SPCBs) together form the regulatory and administrative core of the sector.
A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MOEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The Environmental Action Program (EAP) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programs.
Other measures have also been taken by the government to protect and preserve the environment. Several sector‐specific policies have evolved, which are discussed at length in the concerned sections. This attempts to highlight only legislative initiatives toward the protection of the environment.
2.13.2 Legislation for Environmental Protection in India
2.13.2.1 Water
Water quality standards especially those for drinking water are set by the Indian Council of Medical Research. These bear close resemblance to WHO standards. The discharge of industrial effluents is regulated by the Indian Standard Codes, and recently water quality standards for coastal water marine outfalls have also been specified. In addition to the general standards, certain specific standards have been developed for effluent discharges from industries, such as iron and steel, aluminum, pulp and paper, oil refineries, petrochemicals, and thermal power plants. Legislation to control water pollution is listed below:
Water (Prevention and Control of Pollution) Act, 1974This Act represented India's first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for noncompliance. The Act was amended in 1988 to conform closely to the provisions of the USEPA in 1986. It set up the CPCB which lays down standards for the prevention and control of water pollution. At the State level, the SPCBs function under the direction of the CPCB and the state government.
Water (Prevention and Control of Pollution) Cess Act, 1977This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.
2.13.2.2 Air
Air (Prevention and Control of Pollution) Act, 1981To counter the problems associated with air pollution, ambient air quality standards were established under the 1981 Act. The Act provides means for the control and abatement of air pollution. The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances as well as by regulating appliances that give rise to air pollution. Under the Act, establishing or operating of any industrial plant in the pollution control area requires consent from state boards. The boards are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.
National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to protect public health, vegetation, and property (CPCB 1995 cited in Gupta 1999). The NAAQS prescribe specific standards for industrial, residential, rural, and other sensitive areas. Industry‐specific emission standards