Unit V

Environmental
Management

Dr. Deepshikha Mehra

▪ This unit contains
Introduction to environmental laws and regulation,
Concept of Circular Economy,
Life cycle analysis;
Cost-benefit analysis;
Environmental audit and impact assessment;
Concept of 3R (Reduce, Recycle and Reuse) and
sustainability;
Ecolabeling /Ecomark scheme
 What are the Indian Constitutional Provisions
Regarding the Environment?
• The Constitution (Forty-Second Amendment) Act of 1976 explicitly
incorporates environmental protection and improvement. Article 48A, which
was added to the directive principles of state policy, declares: ‘The state shall
endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country.’
• Article 51A(g),in a new chapter entitled ‘Fundamental Duties’ , imposes a
similar responsibility on every citizen 'to protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.’
• In addition, Article 21 of the Constitution states: ‘No person shall be deprived
of his life or personal liberty except according to procedure established by law.’
This Article protects the right to life as a fundamental right. The courts have
interpreted this Article to mean that the enjoyment of life, including the right to
live with human dignity, encompasses within its ambit the protection and
preservation of environment.
 Do we have an environmental policy?
• In 1980, the Union Government established the Department of Environment. It became the Ministry of
Environment and Forests (MoEF) in 1985. It was renamed again in May 2014, when the new government
came to power, as the Ministry of Environment, Forests, and Climate Change.
• MoEF initiates and oversees the implementation of environmental policies, plans, laws, and regulations.
Over the years, the Government of India has announced several policies and plans directly or indirectly
concerned with the environment, such as the following.
• National Forest Policy, 1988
• National Conservation Strategy and Policy Statement on Environment and Development, 1992
• Policy Statement on Abatement of Pollution, 1992
• National Environmental Action Programme, 1994
• National Agriculture Policy, 2000
• National Population Policy, 2000
• National Water Policy, 2002
• Wildlife Conservation Strategy, 2002
Building on and extending such documents, the Ministry came out with a National Environment Policy in
2006.
 What was the Beginning of Environmental
Legislation in India?
• The UN Conference on the Human Environment held in Stockholm in June 1972
was the first international meeting to address environmental issues. The
participating countries agreed to take appropriate steps for the preservation of the
natural resources of the earth. In consonance with this decision, India began
enacting environmental laws.

• Initially, the laws were not very different from the general body of law. For
example, the Water Act of 1974 was very much like other laws and created another
agency-administered licensing system to control effluent discharges into water.

• The Bhopal Gas Tragedy changed the situation. In the 1990s, a spate of laws were
passed covering new areas like vehicular emissions, noise, hazardous waste,
transportation of toxic chemicals, and Environmental Impact Assessment.
• Further, the old licensing regime was supplemented by regulatory
techniques, The new laws included provisions like public hearings,
citizens right to information, deadlines for technology changes (in motor
vehicles, for example), workers’ participation, and penalties on higher
management of companies.
• The powers of the enforcing agencies like the Pollution Control Boards
were also increased to levels much higher than before. For example,
previously a board had to approach a magistrate to get a factory to close
down. Now it was given the power to order closure, leaving the polluter
to challenge the order in court.
 What Powers does the Environment (Protection) Act
of 1986 Give to the Central Government?
• This Act is an enabling law, that is, it provides powers to the executive to frame various rules
and regulations. The Act authorizes the central government to protect and improve
environmental quality, control and reduce pollution from all sources, and prohibit or restrict the
setting and/or operation of any industrial facility on environmental grounds.
• The Act defines terms such as environment, environmental pollutant, and hazardous substance.
According to the Act, the Central Government has the power to
• take measures to protect and improve environment;
• give directions (such as to close, prohibit, or regulate any industry, operation, or process);and
• make rules to regulate environmental pollution ( air, water quality standards, prohibition or
restriction in handling hazardous materials, siting of industry, etc.).
• To abate environmental pollution government goes for controlling discharge of environmental
pollutants, enforcing compliance with procedural safeguards, power of entry and inspection,
and power to take samples, setting up of environmental laboratories, appointing environmental
analysts, and prescription of penalties for contravening the Act.
What are the Environment (Protection) Rules, 1986?

• These rules set the standards for emission or discharge of environmental

pollutants. In addition, more stringent standards may be laid down for
specific industries or locations.
• There are rules regarding the prohibition and restriction on the location
of industries and the carrying on of processes and operations in different
areas. Factors to be taken into consideration include topographic and
climatic features of an area, environmentally compatible land use, the net
adverse impact likely to be caused by an industry, proximity to areas
protected under various other laws, proximity to human settlements, etc.
 What are the Provisions of the Air (Prevention and
Control of Pollution) Act of 1981?
• The objective of this Act is to provide for the prevention, control, and
abatement of air pollution. The Act defines air pollution as the presence
in the atmosphere of any solid, liquid, or gaseous substance (including
noise) in such concentration as may be injurious to human beings, other
organisms, property, or the environment.
• The provisions of the Act are to be implemented by the Central Pollution
Control Board along with the state boards, The Act lists a number of
functions for the Board including the setting of air quality standards,
collecting data on air pollution, organizing training and awareness
programmes, establishing laboratories, etc. The Board can specify air
pollution control areas and set standards for vehicle emissions.
• The Act lays down penalties for violation of its provisions. This applies
to companies and their owners and managers as well as to government
departments. Citizens can file complaints with the Board.
 What are the Water-related Environmental Laws in
India?
• The early Acts concerned with water issues were the following:
• The Easement Act of 1882 allowed private rights to use groundwater
viewing it as an attachment to the land. It also states that all surface water
belongs to the state and is a state property.
• The Indian Fisheries Act of 1897 established two sets of penal offences
whereby the government can sue any person who uses dynamite or other
explosive substance in anyway (whether coastal or inland) with intent to
catch or destroy any fish or poisons fish in order to kill.
• The Merchant Shipping Act of 1970 deals with waste arising from ships
along the coastal areas within a specified radius.
 What are the Objectives of the Water (Prevention
and Control of Pollution) Act of 1974?
• The objectives of the Water Act are to prevent and control water pollution and
the maintenance or restoration of the wholesomeness of water. The Act defines
water pollution as the contamination of water, alteration of its physical, chemical,
or biological properties, or the discharge of any sewage or trade effluent or any
other liquid, gaseous, or solid substance into water which may render such water
harmful to public health or to domestic, commercial, industrial, agricultural, or
other legitimate uses, or to the life and health of organisms.
• The Act establishes an institutional structure for preventing and abating water
pollution. It establishes standards for water quality and effluent. Polluting
industries must seek permission to discharge waste into effluent bodies.
• The implementation is similar to the Air (Prevention and Control of Pollution)
Act with the Central Pollution Control Board being the main agency. In fact, the
Central Pollution Control Board (CPCB) was constituted under this Act.
 What does the Forest Conservation Act of 1980
Specify?
• This Act, along with the Forest (Conservation) Rules of 1981, provides for the protection
and conservation of forests. The Act specifies the requirements that should be met before
declaring an area as a Protected Forest, Wildlife Sanctuary, or a National Park.
• Under the Act, a state government may regulate or prohibit in any forest the clearing of
land for cultivation, pasturing of cattle, or clearing the vegetation for any of the following
purposes:
• protection against storms, winds, floods, and avalanches, for the preservation of the soil
on the slopes, the prevention of landslips or of the formation of ravines and torrents, or
the protection of land against erosion.
• maintenance of a water supply in springs, rivers, and tanks
• protection of roads, bridges, railways, and other lines of communication
• preservation of public health
The Act makes it mandatory for the owner of a forest to seek permission before converting
it to any non-forest purposes such as the cultivation of tea, coffee, spices, rubber, palms,
oil-bearing plants, horticultural crops, or medicinal plants.
 What are the Objectives of the Wildlife Protection
Act of 1972?
• The Wildlife Protection Act of 1972 (amended in 2006) defines wildlife to include animal,
bees, butterflies, crustaceans, fish, and moths; and aquatic or land vegetation, which form
part of any habitat. The Act, along with the Wildlife Protection Rules, provides for the
protection of birds and animals and for all matters that are connected to it whether it be their
habitat or the waterhole or the forest that sustain them.
• The Act provides a powerful legal framework for:
• Prohibition of hunting
• Protection and management of wildlife habitats
• Establishment of protected areas and reserves such as national parks, wildlife sanctuaries,
tiger reserves, conservation reserves, and community reserves
• Regulation and control of trade in parts and products derived from wildlife
• Management of zoos.
• The Act provides for stringent punishment for any violation of the rules.
 How do Our Laws Support the Conservation of Forests
and Nature Reserves by Local and tribal Communities?
• Local communities in India had been traditionally conserving forests,
mountains, rivers, wetlands, trees, birds, and animals in various inventive
ways. But planned and unplanned development, eroding traditional
values, decline of traditional knowledge systems, and the establishment
of protected areas have marginalized local efforts at conservation.
• Some of the laws and policies, however, protect the rights of local
communities and provide for their involvement in conservation. Here are
some examples:
• Scheduled Tribes and Other Traditional Forest-Dwellers (Recognition of
Forest Rights) Act, 2006: Communities can create local institutions and
rules and regulations for protection of forests that they have been
traditionally conserving.
• Biological Diversity Act, 2002: Provision to form Biodiversity
Management Committees (BMGs) at the village level for the
management, protection, and documentation of local biodiversity.
• Forest Conservation Act, 1980: Provision for formation of village forests.
• Wildlife (Protection) Act, 1972: Provisions for establishment of
community-oriented protected areas, either on government land
(Conservation Reserve) or on land owned by individuals or communities
(Community Reserve).
• National Forest Policy, 1988: Recognition of people's need to access
forests and resources for their livelihoods and mandatory involvement of
local people in the management of forests.
 What are the Other Acts and Rules Concerning the
Environment?
• The following are the other important environment-related Acts and Rules:
• Hazardous Waste (Management and Handling) Rules of 1989 control the
generation, collection, treatment, import, storage, and handling of hazardous
waste.
• Manufacture, Storage, and Import of Hazardous Chemical Rules of 1989 set
up an Authority to inspect, once a year, the industrial activity connected with
hazardous chemicals and isolated storage facilities.
• Manufacture, Use, Import, Export, and Storage of Hazardous
Micro-organisms, Genetically Engineered Organisms or Cells Rules of 1989
were introduced with a view to protect the environment, nature, and health, in
connection with the application of genetic engineering.
• Public Liability Insurance Act and Rules of 1991 and Amendment, 1992 were
drawn up to provide for public liability insurance for the purpose of providing
immediate relief to the persons affected by accident while handling any
hazardous substance.
• National Environmental Tribunal Act of 1995 was created to award
compensation for damages to persons, property, and the environment
arising from any activity involving hazardous substances.
• Biomedical Waste (Management and Handling) Rules of 1998 constitute
a legal binding on the health care institutions to streamline the process of
proper handling of hospital waste such as segregation, disposal,
collection, and treatment.
• Coastal Regulation Zone Notification of 1991 regulates various
activities, including construction, in the coastal zone. It gives some
protection to the backwaters and estuarties.
• The Draft Solid Waste Management Rules were published in 2015 for
public comments. These Rules will supersede the Municipal Solid Waste
Management and Handling Rules of 2000. The new rules shall apply to
every urban local body in the country.
 What are the Functions and Powers of the Central
and State Pollution Control Boards?

• The Central Pollution Control Board (СРСВ), set up in 1974, provides

technical services to the Ministry with regard to the provisions of the
Environment (Protection) Act, 1986. The main functions and powers of
CPCB are to:
• Advise the Central Government on any matter concerning prevention
and control of water and air pollution and improvement of the quality of
air.
• Plan and execute nation-wide programmes for the prevention, control, or
abatement of water and air pollution.
• Coordinate the activities of the State Pollution Control Boards.
• Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigation and research relating to problems of water and air
pollution, and for their prevention, control, or abatement.
• Organize, through mass media, a comprehensive mass awareness programme
on the prevention, control, or abatement of water and air pollution.
• Collect, compile, and publish technical and statistical data relating to water
and air pollution and the measures devised for their effective prevention,
control, or abatement.
• Prepare manuals, codes, and guidelines relating to treatment and disposal of
sewage and trade effluents as well as for stack gas cleaning devices, stacks,
and ducts.
The State Pollution Control Boards have similar functions and powers at the
state level.
 Circular Economy
• “The circular economy is a system where materials never become waste and nature is
regenerated. In a circular economy, products and materials are kept in circulation through
processes like maintenance, reuse, refurbishment, remanufacture, recycling, and
composting”.
• Importance - tackles climate change and other global challenges, like biodiversity loss,
waste, and pollution, by decoupling economic activity from the consumption of finite
resources.
• The circular economy is based on three principles, driven by design:
• Eliminate waste and pollution – from linear to circular
• Circulate products and materials (at their highest value) - (technical – maintain,
refurbish and reuse – multiple users – or end of product - recycle some parts and break
down those that cannot be recycled - biological cycle – return to nature – compost –
compostable packaging material)
• Regenerate nature - focus from extraction to regeneration – organic farming –
agroforestry – When things are reused and recycled – less extraction
1. Hindustan Unilever Limited (HUL): HUL’s initiative “Project Prithvi
• collection of plastic waste - converted into fuel for cement factories - resulted in collection and
disposal of over 5,000 metric tons of plastic waste.
2. Indian Railways: repurposing discarded railway tracks- melted down and used to manufacture
new tracks - minimizes waste - reduces the need for the extraction of raw materials.
3. Godrej Group: - repurposing discarded wooden pallets- used to manufacture new products
such as furniture and decorative items - reduces waste and creates new products and revenue
streams.
4. Goa Waste Management Corporation: organic waste - set up composting facilities across the
state- then used as a fertilizer in agriculture - minimized waste and sustainable source of fertilizer
for agriculture.
5. Reliance Industries Limited (RIL): - repurposing plastic waste- plant that converts plastic
waste into fuel - used to power the company’s manufacturing plants - minimizes waste and
reduces the need for fossil fuels.
6. Phool – 8 million flowers from temples and mosques discarded in river Ganga - “the world’s
first profitable solution” to the monumental temple waste problem: flower cycling.
 Profits
• 11,060 metric tons of temple-waste has been flower cycled to date;
• 110 metric tons of chemical pesticides that enter the river through temple waste
have been offset;
• The income of 73 manual scavenger families has increased at least six-fold;
• 365 families have been impacted by Phool through increased living standards
and stable incomes;
• 1,260 women have been supported through Phool to date;
• 19 children whose mothers used to work as manual scavengers have started
going to school.
Need to value environment
• Value changes in the flow of environmental goods and services
• To assess environmental damage
• To strengthen links between environment and the economy
• For approving project developments
• Issue of choice of technology
• Advocacy and educative role
 Total Economic Value and its components
• TEV framework – “The sum of all the all the values of all services that flows that
natural capital generates both now and in the future – appropriately discounted”
• Components
• 1. Use value - actual use of an environment resource – hunting, fishing, logging
• Direct – consumptive and non-consumptive
• Indirect or functional – oxygen, protection from soil erosion
• 2. Non-use value
• Existence – value of existence of the resource
• Bequest – value from desire to leave it for future generation
• Vicarious – watching on TV, social media, reading
• Option - willingness to preserve an option for the future enjoyment of nature’s
benefits.
 What is Meant by Environmental Impact
Assessment?
• In 1994, an Environmental Impact Assessment (EIA) was made
mandatory for certain types of projects. The regulations require the
project proponent to submit an EIA report, an environmental
management plan, details of the public hearing, and a project report to
MoEF.
• The projects that require an EIA cover 30 categories such as nuclear
power, river valley projects, ports, harbours (except minor ports and
harbours), all tourism projects between 200 and 500 m of the High Water
Line and at locations with an elevation of more than 1000 m with
investment of more than ₹50 million, thermal power plants, mining
projects (major minerals with leases more than 5 ha), highway projects,
and thermal power plants.
• The Ministry's Impact Assessment Agency evaluates the EIA reports. The
assessment is to be completed within 90 days from receipt of the
requisite documents and data from the Project Authorities and
completion of public hearing and decision conveyed within 30 days
thereafter. The clearance granted would be valid for a period of five years
from the commencement of the construction or operation of the project.
• In recent years, the EIA Rules have been repeatedly amended, relaxing
many conditions and making it easier to get environmental clearance.
NGOs have protested against such changes.
 Environmental impact assessment
• Definition
• UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the
environmental, social and economic impacts of a project prior to decision-making.
• Aim/objective-
• predict environmental impacts at an early stage in project planning and design,
• find ways and means to reduce adverse impacts on environment,
• shape projects to suit the local environment
• present the predictions and options to decision-makers.
• reduce cost and time of project implementation and design,
• avoided treatment/clean-up costs and impacts of laws and regulations.
 Principles of EIA
• Guiding principles of EIA as per International Association for impact assessment
1. Purposive – EIA should have the purpose of environment protection and human
well being
2. Inclusive – all stakeholders should be involved
3. Practical – information should be practical and implementable
4. Efficient – Minimum cost – money and time to conduct the process
5. Certain – process and timing – predefined and agreeable to all
6. Credible – process with fairness, objectivity to be trusted
7. Adaptive – Flexible – who all can participate, when, how long will each process
take, etc
8. Systematic – scientific way of collecting data, alternative solutions, impacts of
each
9. Accountability – decisions taken can verified – detailed reasons need to be
given
10. Interdisciplinary – experts from all fields should be involved
11. Focused – key issues only that will impact environment
12. Integrated - all aspects should be interlinked
13. Transparent – all records and documents should be available for public
scrutiny
14. Relevant – sufficient, reliable and usable information
 What is Eco-labelling of Products?
• An eco-label is used to mark a consumer product to indicate that it is
environment-friendly with regard to its manufacture and use. The label means that the
product satisfies certain eco-friendly criteria laid down by the government, association,
or a certification agency. The BEE (Bureau of Energy Efficiency) energy rating is an
example of eco-labelling An eco-label enables the consumer to choose the right
product.
• In 1991, the Government of India launched its first eco-label called Eco-mark for easy
identification of environment-friendly products. The criteria follow a cradle-to-grave
approach, that is, from raw material extraction, to manufacturing, and to disposal. The
Eco-mark label is awarded to consumer goods that meet the specified environmental
criteria and the quality requirements of Indian Standards.
• The symbol chosen for the Eco-mark was the familiar earthen pot, which uses a
renewable resource like earth, does not produce hazardous waste, and consumes little
energy in making. Its solid and graceful form represents both strength and fragility,
which also characterizes the eco-system.
• Due to many reasons the Eco-mark scheme was not successful. But the BEE energy
rating has been adopted by many manufacturers of consumer products (like
refrigerators) and is now used by many consumers to make buying choices.
 Eco-mark /Ecolabeling
• GOI launched Eco-labelling Scheme known as the Eco Mark Scheme in 1991
• Purpose - to identify environment-friendly products.
• Voluntary mark labelling consumer products as environment-friendly based on
specific quality and environmental parameters.
• environment-friendly product - made, disposed of or used to reduce environmental
harm significantly - have less potential for pollution during their life cycle, i.e. raw
material, use, manufacture, and disposal.
• Scheme applies to all products, including household and commercial products
introduced in the market.
• Any industrialists and commercialists can apply to the Bureau of Indian Standards (BIS)
for an Eco Mark license.
 Criteria for Eco-mark
• BIS will consider the following criteria while determining if the product is eligible
under the Eco Mark Scheme:
• Process of production, including the source of raw materials
• The potential impact of the resources on the environment
• Natural resources utilized by the manufacturers
• Amount of biological waste emanating out of the product
• Amount of energy consumed while producing the product
• Disposal aspects related to the product and other requirements
• Sustainability of the product during one life cycle
• Biodegradability of the product
• Logo
The End