Environmental Governance

and regulatory framework

Smriti Rao
Prof. RST/IRIMEE

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Environmental Interactions

INPUT – Resource Extraction, Land,

Water, Trees etc. leading to
Depletion

ENVIRONMENTAL
IMPACTS
Natural Resources Development Activities
need need
Protection PROCESS OUTPUTS – Effluents, Regulation & Management
Emissions, Waste leading to
Degradation

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Concept of Environmental Governance

Environmental Governance is the continuing process of

interactive decision making in environmental matters.

Institutions and
Organizations Policy
Binding
Instruments &
Agreements
Procedures

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Principles of Good Environmental Governance
Equity and Effectiveness
inclusiveness and efficiency

Consensus Participation
Responsiveness
oriented

Rule of law Transparency

Accountability

Precautionary
Polluters Pays Sustainable Principle
Development

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Role of MEA’s in Environmental Governance
 Multilateral environmental agreements (MEAs) are international legal instruments that articulate
international approaches to address Global/Transboundary Environmental Challenges.
 Since 1972, over 500 MEAs have been adopted by various countries worldwide

Major themes of Multilateral Environmental Agreements

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 Resulted in the development of policies and regulations

MEA’s and India in the country

Montreal Protocol (on Ozone The Ozone Depleting Substances

Depleting Substances), 1987 (Control & Regulation) Rules

Basel Convention on the Control of

Transboundary Movement of Hazardous Wastes (Management and
Hazardous Waste and their Disposal, Handling) Rules
1989

United Nations Framework National Environmental Policy

Convention on Climate Change National Action Plan on Climate Change
(UNFCCC), 1992
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 Institutional Mechanism Indian Judiciary

Ministry of Environment,
Forests and Climate
Change (MoEF&CC)
CENTRAL LEVEL
Central Pollution
Control Board (CPCB) Supreme Court
State Department of India
of Environment
High Court
STATE LEVEL State Pollution Control National Green
Boards / Committees Tribunal

LOCAL LEVEL
Local Local
Administration Departments

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Triad of Regulations
Environment (Protection)
Act, 1986

Triad of
Water (Prevention & Laws Air (Prevention &
Control of Pollution) Control of Pollution)
Act, 1974 Act, 1981

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 The Water (Prevention and Control of
Pollution) Act, 1974 & Rules, 1975

Introduced in Drafted in Provides for the Standards for

1974 as the first reaction to the prevention and effluents as per
legal measure Stockholm control of water designated use
for water Conference 1972 pollution of receiving
pollution control environment

Institutionalized regulatory institutions: Pollution Control Board at the

Centre and in the States
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 Water Act

 control of pollution through a permit or “consent administration” procedure.

 Discharge of trade effluents/sewage into water bodies only allowed by obtaining the consent of the State
Board.

 “Trade effluent includes any liquid, gaseous or solid substance which is discharged from any premises used for
carrying on any “Industry, operation or process, or treatment and disposal system" other than domestic sewage.

 “Sewage effluent" means effluent from any sewerage system or sewage disposal works.

 Outlet Conditions: Proper channel, Provisions for sampling, Installation of flow meter/ V‐notch, Automatic
Monitoring Devices (optional), Discharge to river through diffuser

 Penalties for non-compliance may range from: imprisonment 1.5 – 6 years with fine.

 In case the failure continues, with an additional fine which may extend to five thousand rupees for every day
during which such failure continues after the conviction for the first such failure.
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 The Air (Prevention and Control of
Pollution) Act, 1981 & Rules, 1982

Introduced in Drafted in Provides for the State Board

1981 as the first reaction to the prevention, declares air
legal measure Stockholm control and pollution control
for air pollution Conference 1972 abatement of air areas
control pollution

Institutionalized regulatory institutions: Pollution Control Board at the

Centre and in the State
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 Air Act
 SPCBs can set up State Air Laboratories, either as a new establishment or by declaring an existing lab
as a State Air Lab. These labs have the authority to test the air samples and air quality procedures as
described by the standards, for the SPCBs of that state in their areas.
 Officers of the Pollution Control Board have the power to take samples from any chimney, duct, etc.
for testing and seeing whether the emissions are within prescribed standards or not.
 failure to comply with the rules of Section 21 and 22 will result in punishment that is a minimum of
one year and 6 months, but extendable up to 6 years with fine.
 Section 21 states that no person or entity shall establish an industry without prior permission from the
Boards in an air pollution control area.
 Section 22 states that no person or industry shall emit air pollutants above the standards set by the
Pollution Control Boards. Under this, the Board can even approach a court to gain a restraining order
on the industry that fails to meet its standards.

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 The Environmental Protection Act , 1986

Came into force Drafted in the Provides for the Various Rules,
“Umbrella”
on 19 November wake of Bhopal protection and Notifications &
legislation
1986 Gas Tragedy, 1984 improvement of Authorities are
environment formulated
under the Act
Threefold objective:
1) Protection of the environment
2) Improvement of environment
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3) Prevention of hazards to human beings, other living creatures, plants and property
 Related Rules under Environmental
Protection Act , 1986
• The Manufacture, Storage and Import of • Coastal Regulation Zone, 2011
Hazardous Chemical Rules, 1989 (Notification)
• The Noise Pollution (Control & • Hazardous Wastes (Management,
Regulation) Rules, 2000 Handling & Transboundary Movement)
• The Ozone Depleting Substances Rules, 2016
(Control & Regulation) Rules, 2000 • Bio‐Medical Waste (Management &
• Batteries (Management & Handling) Handling) Rules, 2016
Rules, 2001 • Municipal Solid Waste Management
• The Wetland (Conservation & (Management & Handling) Rules, 2016
Management) Rules, 2010 • E-Waste Management Rules, 2016
• Environmental Impact Assessment, 2006 • Construction & Demolition Waste
(Notification) Management Rules, 2016
• Utilization of Fly ash from Thermal • Plastic Waste (Management &
Power Plants, 2007 (Notification) Handling) Rules, 2016
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Environmental Protection Rules, 1986
Prescribes detailed procedures and requirements on:

Industry / Operation / Prohibitions and restrictions on Prohibition and restriction on

Process specific emission location of industries / the handling of hazardous
or discharge standards processes / operations substances

Submission of Environmental
statement / audit report (Form-V)
Sample collection and 16
analysis
Ensuring Compliance
With Regulations
 Environmental Impact Assessment, 2006
(Notification)

Approximately Required for Clearance MoEF&CC at Construction of Railway

40 Sectors development of Centre for Category A Tracks not included.
including new projects and projects; SEIAA for Applicable to Industries
Manufacturing, expansion/ Category B projects under Indian Railways
Metal Works, modernization of
etc. existing projects

Draft EIA Notification 2020 proposed to amend existing notification

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Stages in EC Process
Categorization Minimum Time:
• 255 Days - Category A & Category
Screening B1 (requiring Public Hearing)
• 210 Days - Category B1 projects
Scoping (without Public Hearing)
• 180 Days - Category B2 projects
Preparation of Draft EIA & EMP Report

Public Consultation
Mandatory submission of Half-yearly
Appraisal & Final Decision compliance reports in respect to the
stipulated prior environmental clearance
Post Environmental Clearance Reporting terms
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 Coastal Regulation Zone Notification, 2019
► CRZ is land area up to 500m in the
landward zone from the High Tide Line
(HTL)
► Includes coastal stretches of seas, bays, 12 nm
LTL
estuaries, creeks, rivers and backwaters
which are influenced by tidal action HTL

► Classified into 5 zones: 500 m

CRZ I (A&B) – Ecologically Sensitive Areas Creek
CRZ II – Developed Land
Areas
Tide 100 m
CRZ III (A & B) – Relatively CRZ IV (A & B) – 12NM into Influence
undisturbed land areas sea and inside tidal bodies
(e.g. rural areas) upto 5 PPT
NDZ – 50m from HTL in CRZ III A, 200m from HTL in CRZ III B

Approvals obtained as per State/ UT specific coastal zone management plans (CZMP)
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 Coastal Regulation Zone Notification, 2019
CRZ-I and MoEF&CC based on the
CRZ-IV recommendation of the concerned
State Coastal Zone Management
Authority (SCZMA)
CRZ–II and State Coastal Zone Management
CRZ-III Authority (SCZMA)
Projects attracting provisions of EIA Notification,
2006
SEIAA or the MoEF&CC with recommendations
from SCZMA
Building or construction projects not attracting EIA
State or Union territory Planning Authorities with
recommendations from SCZMA
Source: https://www.downtoearth.org.in/coverage/governance/coastal-regulation-
zone-notification-what-development-are-we-clearing-our-coasts-for-63061
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 Forest Conservation Act, 1980
Project requires a Forest Clearance for diversion of forest land for non-forest use
• In-principle Approval
• Final Approval

Diversion of Non site-specific Issuing authority - Central Clearance granted

forest lands only projects Government (MoEF&CC) with within 200 days
for site specific disallowed approval from Forest
use Department, and State
Government

Applicable to all railway projects routed through forest land including gauge
conversion and electrification of existing lines
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 Wildlife Protection Act, 1972
Sec 29 & 35 - permit granted by the ‘Chief Wildlife Warden’

Wildlife protection with a Projects within protected Clearance from the National
view to ensuring areas and eco-sensitive Board for Wildlife (NBWL)
ecological and zones should comply with post recommendation of
environmental security of the provisions of the Act State Board for Wildlife
the country (SBWL)

Applicable to all railway projects routed through protected areas and eco-sensitive
zones
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Consent to Establish
► Consent to Establish (NOC) to be obtained before starting activities at the site

Granted by SPCB to a project / industry/ activity

Red, Orange & Green Category Prior to establishing / construction

The Air Act, 1981 Air Emissions & Located in Air Pollution Control Area
The Water Act,
Discharge of Trade Effluent or Sewage
1974

Imposes air/water Specifies reporting to Issued subject to

quality standards to State Pollution Environmental
be complied Control Board Clearance
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 Consent to Operate
► Consent to Operate (NOC) to be obtained before starting actual production

Granted by SPCB to a project / industry/ activity

Red, Orange & Green Category Post construction & prior to operation

The Air Act, 1981 Air Emissions & Located in Air Pollution Control Area
The Water Act,
Discharge of Trade Effluent or Sewage
1974
Effluent and Air & Wastewater
Water source &
Emission Discharge Pollution Control Approved fuel
usage quantity
Limits Equipment

Monitoring and Reporting Requirements

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 Indian Railways Major Units

Locomotive Works Workshops Loco Shed

Railway Station and Administrative Building Hospitals

Sidings
Images (l-r):
https://www.railmitra.com/blog/indian-railways-top-6-modern-locomotive-factories-in-india; http://www.railnews.in/mumbais-parel-railway-carriage-workshop-takes-the-green-road/; https://www.deccanherald.com/national/indian-
railways-to-book-tickets-from-counters-836510.html; https://www.justdial.com/Delhi/Rail-Bhavan-New-Delhi/011PXX11-XX11-180719213653-A8I7_BZDET; https://wr.indianrailways.gov.in/view_section.jsp?id=0,1,684
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List out Key Applicable Environmental Regulations in
Room 1: planning phase
Room 2: Construction phase
Room 3: Operation phase
Scenario : Construction / Expansion of Railway Link or Permanent Way
Assumptions:
Project passes through
Area classified as a Forest under Forest Conservation Act, 1980
Protected areas / Eco-Sensitive Zone, classified under Wildlife (Protection) Act, 1972
Coastal area classified as per the Coastal Regulation Zone Notification, 2019

List out Key Applicable Environmental Regulations in

Room 4: planning phase
Room 5: Construction phase
Room 6: Operation phase
Scenario : Construction, Operation & Maintenance of Railway Workshop within city
boundaries (no special assumption)
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 Key Applicable Environmental Regulations
• Forest Conservation Act, 1980 & Forest Conservation Rules, 2003
• Wildlife (Protection) Act, 1972
Planning
Phase
• CRZ Notification 2019

• Hazardous Waste Hazardous and Other Wastes (Management and

Transboundary Movement) Rules, 2016
• Guidelines to regulate and control Ground Water Extraction in
Construction India, June 2019
Phase

Operation
Phase
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 Planning Phase
Regulation Document / Permit Agency
Forest Conservation Act In-principle Approval & Final MoEF&CC with approval
(1980) and Approval for Diversion of forest from Forest
Forest Conservation Rules Land for Non‐forest use Department, and State
(2003) Government
Wildlife (Protection) Act, Clearance from the NBWL for Standing Committee of
1972 undertaking construction NBWL after
activities in the Protected Area recommendation from
or in Eco-sensitive Zone SBWL
CRZ Notification 2019 CRZ Clearance for undertaking MoEFCC after
construction activities in area Recommendation from
classified as coastal regulatory State Coastal
zone Management Authority

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 Construction Phase
Regulation Document / Permit Agency
Water Act, 1974 Consent to Establish State Pollution
& or Control Board
Air Act, 1981 No Objection Certificate
Hazardous Waste Hazardous Authorization for Storage, State Pollution
and Other Wastes Rules, Generation and Disposal of Control Board
2016 Hazardous Waste
Guidelines to regulate and Permission for withdrawal of Central / State
control Ground Water ground water and NOC for Ground Water
Extraction in India, June 2019 construction of bore well Authority

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Operation Phase
► None specific.

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 Question: List out Key Applicable Environmental Regulations in
1. planning
2. construction and
3. operation phase

Scenario : Construction, Operation &

Maintenance of Railway Workshop
within city boundaries (no special
assumption)
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 Key Applicable Environmental Regulations
• Environment Impact Assessment (EIA) Notification, 2006
Planning • CTE
Phase

• Water Act, 1974 & Air Act, 1981

• Hazardous and Other Wastes Rules, 2016
• Guidelines to regulate and control Ground Water Extraction in
Construction India, June 2019
Phase • Construction & Demolition Waste Rules, 2016
• Water Act, 1974 & Air Act, 1981
• Guidelines to regulate and control Ground Water Extraction in
India, June 2019
• Hazardous Waste Hazardous and Other Wastes (Management and
Operation Transboundary Movement) Rules, 2016
Phase • Biomedical Waste Rules, 2016
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 Planning Phase

Regulation Document / Permit Agency

Environment Impact Prior Environmental Ministry of Environment Forest &
Assessment (EIA) Clearance Climate Change
Notification, 2006 or
State Environment Impact
Assessment Authority

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 Construction Phase
Regulation Document / Permit Agency
Water Act, 1974 & Consent to Establish under State Pollution
Air Act, 1981 Red Category Control Board
Hazardous and Other Wastes Authorisation for Storage, State Pollution
(Management and Generation and Disposal of Control Board
Transboundary Movement) Hazardous Waste
Rules, 2016
Construction & Demolition Approved Waste Local Authority
Waste Management Rules, Management Plan for Disposal
2016 of C&D Waste
Guidelines to regulate and Permission for withdrawal of Central / State
control Ground Water ground water and NOC for Ground Water
Extraction in India, June 2019 construction of bore well Authority
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 Operation Phase
Regulation Document / Permit Agency
Water Act, 1974 & Consent to Operate under Red State Pollution
Air Act, 1981 Category Control Board
Hazardous and Other Wastes Authorisation for Storage, State Pollution
(Management and Generation and Disposal of Control Board
Transboundary Movement) Hazardous Waste
Rules, 2016
Biomedical Waste Management Authorisation for handling of State Pollution
Rules, 2016 Bio-Medical Waste Control Board
Guidelines to regulate and Permission for withdrawal of Central / State
control Ground Water ground water and NOC for Ground Water
Extraction in India, June 2019 construction of bore well Authority

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Other Important Regulations (Across all
stages)
► Municipal Solid Waste Management (Management & Handling) Rules,
2016
► E-Waste Management Rules, 2016

► Plastic Waste (Management & Handling) Rules, 2016

► The Manufacture, Storage and Import of Hazardous Chemical Rules,

1989
► Environmental Protection Second Amendment Rules 2002 (DG Set) &
2004
► Batteries (Management & Handling) Rules, 2001

► Petroleum Act 1934 and Rules, 2002

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Validity period: Example

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Thank you