Environmental

compliance
 Environmental Issues In Industry
Industrial Environmental Issues

Chemical Accidents Occupational

Industrial
•Process safety health
Pollution
•Handling , Storage •processing
Air, Water, SW
and Hazardous •handling
& HW
materials •emissions

Impacts on communities Impacts on

and property workers

Impacts on Ecosystems and the economy

Why Environmental Laws?
The basic intention is to provide a level playing field for industry so
that it can contribute to a better quality of life without depleting
resources or damaging the environment.
To achieve this, Industry need to set up a “Effective Compliance and
Enforcement Program” incorporating following key elements-

Attention to permitting systems.

Evolving self-regulatory system.
Monitoring compliance needs.
To look for new trends & opportunities for maximizing compliance
and its effectiveness.
To help MoEF in meeting obligations under international
agreements like Basel Convention, Montreal Protocol etc.
ENVIRONMENTAL REGULATIONS IN INDIA

•Water (P & C P) Act, 1974, & rules

thereunder.
•Water (P & C P ) Cess Act, 1977, & rules
thereunder.
•Air (P & C P) Act, 1981, & rules
thereunder.
•Environment (Protection ) Act,1986, An
Umbrella Act, & rules thereunder.

•Public Liability Insurance (PLI) Act 1991,

& rules thereunder
Rules under the Environment (Protection )
Act,1986
•Hazardous Wastes (Mgt & Handling) Rules
1989 with amendment rules, 2000.
•MSIHC (manuf, stor & import of haz. Chem.)
Rules 1989, with amendment rules, 2000.
•Bio-Medical Waste (Management & Handling)
Rules 1998.
•Solid Wastes (Management & Handling) Rules
2000.
•Ozone Depleting Substances (Regulation and
Control) Rules, 2000.
•Noise Pollution (Regulation and
Control) Rules, 2000.

•Battery Wastes (Management &

Handling) Rules 2001.

Guidelines & Notifications:

•Industrial siting guidelines
•Clean technology guidelines
•EMP guidelines etc.
•Coastal Regulation zone notification
•Submission of Environmental Statement
(Audit) Report to SPCB.
 EIA notification and Policy issues

•Securing Environmental Clearances (EC)

for the projects listed in the schedule. (list of 29
industry type)

•Compliance to EIA notification, rapid &

detailed EIA report submission. (including EMP, DMP,
Health surveillance issues etc.)

•Public Hearing as a part of EC. (involving public in

decision making)
Other Environment related regulations

The Factories Act & Rules

Motor Vehicles Act & Rules,
The Petroleum Act & Rules, 1976
The Inflammable Substances Act, 1952
Import (Control) Act, 1947
Dock Workers (Safety, Health & Welfare)
Act, 86.
The Explosives Act & Rules
Gas Cylinders Rules, 1981
Static and Mobile Pressure Vessel
(unfired) Rules, 1981
Boiler Act etc.
ENVIRONMENTAL TREATIES
Framework Convention

• Vienna Convention (Ozone Layer)

• Montreal Protocol (ODS)
• Basel Convention (trans boundary movement of Haz. Wastes)
• Convention on Biological Diversity
• Convention on International Trade in Endangered Species
• Convention on Conservation of Nature in the South Pacific
• Draft Basel Rules of Procedure
• 1994 Draft Declaration ... Human Rights and the Environment
• Decisions Adopted by the Conference of the Parties to the Basel
Convention
• UN Law of the Sea Convention 1982
• WRI- International Agreements and Conventions on
Environment
Rio Declaration

• Multilateral Environmental Treaties

• Environmental Treaties and Resource Indicators Service
Policy Statement for Abatement of Pollution

Issued in 1992 by MoEF

Stress on the preventive aspects

Technological inputs to reduce industrial

pollution

Integrate environmental considerations at all

levels of decision making
Policy Statement for Abatement of Pollution
Steps to meet these objectives are:-
• Prevent pollution at source (3p)
• Encourage, develop & apply the best
available practicable solutions
• Ensure that polluter pays for the pollution
control arrangement (3p)
• Focus protection on heavily polluted areas
• Involve the public in decision making
(public hearing)
• Increase the safety of industrial operations
Preamble (Water Act, 1974):
An Act to provide for the prevention &
Control of water pollution and the
maintaining or restoring of wholesomeness
of water bodies.

• Ground water
• Lakes
• River water
• Estuaries, creeks and sea water
Compliance needs (i.e. Checklist)
Whether the industry
•meets the siting guidelines

•has C to E (Sec. 25)

•needs EC and has EC (EIA notification)

•meets compliance under other

environment related regulations (Factories
Act,Explosives Act, Boiler act, Petroleum Act, CRZ notification if applicable etc.)
•holds valid consent
(validity G,O, R)

•Uses water in compliance to figures

provided under Cess Act (Water uses, inter-relations)
•Figures of product manuf, water uses,
WW discharges match with consented
figures (often reference to old consent needed)
•Installs/runs the treatment facility to
meet stds.
•Installs & runs the disposal facility &
meets stds. (values & designated mode)
•meets monitoring conditions (establishing Env.
Cell, frequency, parameters, proper sampling, MINAS, CAP etc.)

•Develops green belt in accordance

with the condition of consent (33% of the land
use)

•Submits report to the Board/

Government as per stipulations.

•meets other conditions of consent

(relating to compliance to other acts, rules etc.)

•Past record of Legal notices if any.

(habitual defaulter, refusal, withdrawl, suspension of consent, Pendency of
law suits in the court of law. )
 Powers Under Water (P & C. P. ) Act 1974
State water laboratory (sec. 17 (2))
Power of Entry (sec. 23)
Construction of ETP or making mandatory to
become a member of CETP (Sec. 30)
Powers of Closure (Sec. 33 A)
Sec. 18 : Powers to give directions

2[1)] In the performance of its functions

(a) the Central Board shall be bound by such directions

in writing the Central Government may give to it; and

(b) every State Board shall be bound by such directions

in writing as the Central Government or the State
Government may give to it:
Powers Under Air (P & C. P. ) Act 1981
Sec. 19 : Power to declare air pollution control
areas,

Sec.20 : Power to give instructions for ensuring

standards for emission from automobiles.

Sec.21 : Restrictions on use of certain industrial

plants (C to E and C to O).

Sec.22A : Power of Board to make application to

court for restraining person from causing air
pollution.

Sec.24 : Power of entry and inspection

Sec.25 : Power to obtain information

Sec.26 : Power to take samples of air or emission

Sec. 28 : State Air Laboratory

(a) establish one or more State Air Laboratories; or

(b) specify one or more laboratories or institutes as

State Air Laboratories to carry out the functions
entrusted to the State Air Laboratory under this Act.

Sec.31 A : Power to give directions

Environmental Audit
Rule 14. Of EP Act 86

Submission of environmental audit report.

Every person carrying on an industry, operation or process

requiring

consent under Sec.25 of the Water (P and C P) Act, 1974 or

Consent under section 21 of the Air (P and C P) Act , 1981 or
both
or authorization under the Hazardous Wastes (Management and
Handling) Rules, 1989

shall submit an environmental statement (audit) report for the

financial year ending the 31st March in Form V to the concerned
State Pollution Control Board every year.
What is meant by Environmental Audit ?

Environmental Audit is defined as-

A basic management tool comprising a

systematic, documented, periodic and
objective evaluation of how well
environmental organization, management
systems and equipment are performing.

(source UNEP: Industry & Environment)

Audit
- Not designed to criticize or blame
- No procedures are perfect_ need change
periodically
- QA, QC & EMS forms the basis for improving.
 Quality of product or
 to ensure to improve the procedures to
improve the quality
 Meet statutory compliance's
 Image of the Company
 PLANNING THE AUDIT

Audit
Audit Check
Manual Check Lists
Lists Auditor
Auditor
Manual Training
Training
Conducting the
Conducting the Audit
Audit

Audit Report
Audit Report

Audit Recommendations
Audit Recommendations &
&
Implementation
Implementation
 STEPS IN WASTE AUDITING

THREE STEPS :

1.0 PRE -ASESSMENT

2.0 MATERIAL BALANCE
3.0 SYNTHESIS

AN OUTCOME IS A WASTE REDUCTION

PLAN (WRP)
1.0 PRE -ASESSMENT

 Audit & Preparation

 Listing unit operations

 Constructing a process flow diagram

Pre Assessment is basically a collection of
information of the type:
 Material storage  Waste storage
 Manufacturing  Waste blending
 Waste air emissions  Waste water emissions
 Other releases (noise,  Waste treatment and
SW, HW etc) disposal
 Recycling  Process categories
 Process description,  Equip list &
physical material add specifications
 Operating manuals  Piping & instrument
diagrams
 Facility layout &  QA & QC labs
plans
 Utilities, material and  Plant, cleanup steps &
energy balance operations
Dr. S. R. Choudhari, Consultant & Advisor
2.0 MATERIAL BALANCE
Step 1
• Determining inputs
• Recording water usages
• Measure current levels of waste R & R
• Quantifying process outputs
• Accounting for gaseous emissions
• Accounting for off-site wastes , R & R
• Accounting for WW
• Assembling input & out put information
for unit operations
2.0 MATERIAL BALANCE

Step 2

• Designing a preliminary Material

balance for unit operations

• Evaluating the Material Balance

• Refining the Material Balance

3.0 SYNTHESIS
• Examining possible waste reduction measures
• Targeting & characterizing problems of waste
management
• Segregation
•Developing Long Term Waste Mini options
•Environmental and Economic Evaluation of
Waste Reduction Options
•Developing and Implementing an Environmental
Action Plan (EAP)
•Reducing Waste and Increasing production
Efficiency
 Steps to prepare Environmental Statement :

1.0 Formation of an Environmental

Examination Team.

2.0 Listing of unit operations & constructing

Process Flow Diagrams.

3.0 Material balance, balancing process inputs

and outputs.

4.0 Synthesis & Identification of avenues for

waste reduction.

5.0 Ensuring compliance with the law.

Form V under Rule 14 of the EP Rules
Waste management rules are extremely
complex, and the facility can be subjected to
several sets of environmental regulations,
on Central, State, and Local levels.

Documentation and record keeping

requirements have now become extensive.

It is a widely held belief in the industry that

with such complexities, a diligent and well-
trained inspector can find non-compliance
issues at any facility, given sufficient time
and effort.
Achieving 100% compliance is difficult
Thorough reading of the consent letter
(compliance to environment related Laws)

Thorough Examination & Analysis of

Environmental Audit Report (IER, Legal Register)

Checking compliance w.r.to the consent

conditions and provisions of the Acts

Observation of general Conditions ( Green Belt,

TREMCARD, authorized transporter, submission of reports, manifest etc.)

Ignorance of Law (Battery Rules, operation w/o valid consent &

willful approach)

Non compliance's under environment related

laws ( accidents, rupture of tanks, accidental discharges)
Improper maintenance of Pollution Control
Equipments and treatment /disposal
facilities. (contravening the conditions of consent)
Indiscriminate disposal of solid and
hazardous wastes. (Ground water pollution)
Ignoring siting policy (A1 zone, bank of the river, CRZ area &,
sensitive area)

Habitual default (avoiding Pollution control costs, willful

discharges of metal wastes, fraudulent intentions)

PIL/Human rights, Calling attention of

NGOs (illegal dumping, illegal traffic)
Ensuring compliance is not the job of the
Government alone.
Industry managers have an important role to play in
meeting these compliance need.

They need to install self-monitoring systems &

develop internal EMS in particular, auditing &
reporting schemes.

Failure results in litigation in what so ever form i.e. –

-Legal notice
-Withdrawal, suspension of permits
-Refusal to renewal of permits
-Directions under the appropriate provisions of the act/s
-Prosecutions etc,
depending on the nature of non compliance and its
severity.