Presentation on

“Environment Management and

Legislation in INDIA”
 What is Environment ?

The Physical and Biological

world that we live in is
called as
“ENVIRONMENT”
 Means …..
 Physical surroundings and conditions
 The natural world in which we live
 Water
 Land
 Flora
 Fauna

 Socio-Economics
 What is changing
 Green house effect
 Global warming
 Ozone hole
 Acid rains
 Disappearing Bio-diversity
 Increase in talking on “Greens”
• The “Greenhouse effect"
Natural phenomenon that keeps the
Earth in a temperature range that allows
life to flourish.
• The sun's energy warms the earth's
surface and its atmosphere. As this
energy radiates back toward space as
heat, a portion is absorbed by a delicate
balance of heat-trapping gases in the
atmosphere -- among them carbon
dioxide and methane -- creates an
insulating layer.
• The Earth has an average surface
temperature of 59°F (15°C). Without it, its
average surface temperature would be
0°F (-18°Celsius), a temperature so low,
that the Earth would be frozen and could
not sustain life.
Contribution of GHG to Atmosphere
Green House Gases Contribution to
atmosphere%

CO2 55

CH4 15

CFC 17

NOX 6

Others 7
 In the ancient times, man was using the natural
resources judiciously, thus living in harmony
with nature.
 But, after the scientific and industrial revolution
in the recent past, there has been immense
impact of man on his environment.
 Rapid industrialization, urbanization and modern
style of living are the main contributing factors
to environmental pollution.
 Degradation of quality of environment,
disruption of earth’s natural ecosystem,
depletion of ozone layer, global warming etc.,
have become the issues of concern in present
day life.
 Today’s modern technologies, high rate of
exploitation of natural resources and un-
controlled development by developed countries
have resulted in alarming situation of
environmental crisis and ecological disturbance
all over the globe.
 The environmental calamities that occurred
during 50’s and 60’s have generated a
widespread awareness about the dangers of
environmental pollution.
 Killer smog in New York and London that killed
5000 lives in a single year (1952), mercury
poisoning in contaminated sea food in Japan,
disappearance of several species of birds due to
use of pesticides like DDT, massive oil spill from
a super tanker in English Channel - are some of
the examples of calamities.
 Several global conventions / conferences like
Stockholm Conference 1972, Montreal Protocol
1987, have taken place to discuss about the
various global environmental concerns.
 The ”Earth Summit” in Rio held during 1992 is
one such convention where 150 countries have
participated and established the important
linkages between Environment and
development.
 The concept of “Sustainable development” and
“Global commons” has emerged in this
Convention.
 All the nations have recognized the fact that
pollution is not a regional issue of concern to a
particular nation but it requires global attention
 HISTORICAL PERSPECTIVE

 India is the first country, which has made

provision for the protection and improvement of
environment, in its Constitution. Article 51 – (g)
of the Constitution states:
“It shall be the duty of every citizen of India to
protect and improve the natural environment
including forest, lakes, rivers, and wildlife and to
have compassion for living creatures”.
 :
Role of 42nd Amendment of
Constitution of India
Introduced 48A and 51A(g) as part of
Directive Principles of State Policy wherein
protection of environment became a duty of
State as well as its citizens. Expanded list of
subjects under concurrent list to include state
subjects like “Forests & wild animals & birds”
In India, the issue of protection of the
environment and sustainable use of natural
resources, received due attention in the planning
process in the early seventies.
The fourth five year plan (1968-73) gave
explicit recognition for integrating environmental
dimension in to the planning and
developmental process.
 Role of Article 253:

■ Parliament has power to make any law for the

whole or any part of the territory in India for
implementing any treaty, agreement or convention
with any country or countries or any decision
made at any international conference, association
or other body
■ It was used to frame Air Act & Environment
Protection Act.
 After Stockholm Conference,1972, the first
direct Environment law i.e The Water (Prevention
and control of Pollution) Act 1974 was enacted.
 Later Forest (Conservation) Act, 1980, Air Act
1981, Environment (Protection) Act, 1986 were
enacted.
 ENVIRONMENTAL LEGISLATIONS IN BRIEF

1974 THE WATER (PREVENTION AND

CONTROL OF POLLUTION) ACT

1975 THE WATER (PREVENTION AND

CONTROL OF POLLUTION) RULES

1977 THE WATER CESS ACT

1978 THE WATER CESS RULES

1980 FOREST (CONSERVATION) ACT

ENVIRONMENTAL LEGISLATIONS IN BRIEF

1981 THE AIR (PREVENTION AND

CONTROL OF POLLUTION) ACT

1982 THE AIR (PREVENTION AND

CONTROL OF POLLUTION) RULES

1986 THE ENVIRONMENT (PROTECTION)

ACT/ RULES

1989 THE HAZARDOUS WASTES

(MANAGEMENT & HANDLING) RULES
ENVIRONMENTAL LEGISLATIONS IN BRIEF
1991 THE PUBLIC LIABILITY INSURANCE
ACT/RULES
1992 Notification on Submission of
“ENVIRONMENTAL STATEMENT”
under EP RULES
1994 EIA Notification on “ENVIRONMENTAL
CLEARANCE” under EP Act & Rules
1995 THE NATIONAL ENVIRONMENTAL
TRIBUNAL ACT
ENVIRONMENTAL LEGISLATIONS IN BRIEF

1997 Notification on “PUBLIC HEARING as per EP

Act/ Rules.

1998 Bio-Medical Waste (Management & Handling)

Rules under EP Act,1986

1999 Municipal Solid Wastes (Management &

Handling) Rules under EP Act,1986
ENVIRONMENTAL LEGISLATIONS IN BRIEF
2000 Notification on Standards for Coal Mines
2000 Noise Pollution (Regulation &
Control) Rules
2004 EIA Notification Amended by including
New construction projects and New industrial
estates (1000 persons and above or
generating effluents 50 KLD or above or
with an investment of Rs. 50 Crores and
above)
2006 New EIA notification on Environmental
Clearance under EP Act & Rules
 Water (prevention & Control of Pollution)
Act 1974 amended in 1988

Enforcing agencies:

• State Pollution Control Board (PCB) for

states
• Central Pollution Control Board for
Union Territories
 Relevant provisions of the Water Act applicable to
mining industry
Section 20: Power to obtain information.

Section 21: Powers to take samples of

effluents & procedures to be
followed

Section 23: Powers of entry and Inspection.

Section 24: Prohibition on use of stream or well for

disposal of polluting matter
 Relevant provisions of the Act
applicable to mining industry:
Sections 25 & 26: Require Consent to Establish or
Operation of any industry from PCBs
Section 27: Refusal or withdrawal of Consent by PCBs
Section 28: Appeal
Section 29: Revision of orders of PCBs by state
government
Section 31: Furnishing of information to State boards
such as accident etc
Obligations of the Organizations
 Submit information of liquid effluent such as quantity,
quality, treatment and disposal.
 Obtain Consent to Operate from Pollution Control
Board.
 Comply with the conditions of the consent.
 Consent specifies location specific standards to be
followed.
 Consent specifies maximum quantity of the effluent
that can be discharged.
 File returns with the characteristics of treated effluent.
 THE WATER
CESS ACT, 1977

Enforcing agencies:

• Central Pollution Control Board (CPCB) and State

Pollution Control Board (SPCB)
• Stipulates permissible water consumption for
certain manufacturing processes
 Relevant provisions of the Cess Act
applicable to mining industry:
Section 3: Levy and Collection of Cess
Section 4: Affixing of meters
Section 5: Furnishing of Returns
mentioning the quantity of water
used for different purposes
Section 6: Assessment of Cess by State Pollution
Control Board.
 Obligations of the Organizations

• Affix flow meters to measure water

consumption.

• Pay Cess as per prevailing rate prescribed by

Pollution Control Board.

• Submit returns stating monthly water

consumption, characteristics of treated effluent
and electrical consumption in effluent treatment
plant.
 Forest Conservation Act, 1980
 In case of diversion of forest land for non –
forestry purposes:
(i) Industry has to surrender equivalent extent of CA
land along with compensatory afforestation
charges.
(ii) As per directive of the Hon’ble Supreme Court of
India, MoEF will issue guidelines for the recovery/
collection of Net Present value (NPV) of the forest
land.
The Court has given a range for the rates i.e.
5.80Lakhs per Hectare to 9.20 Lakhs per Hactare for
Net Present value depending upon the quality of
forest, density and type of species in the area.
 Forest Conservation Act, 1980
 As per MoEF circular dtd. 27.03.2000, in case of diversion of
forest land for non-forestry purposes, the following reports
are required -
(iii) In case of OC mines, a comprehensive report on solid waste
management is required.
(iv) In case of U/G mines, it is required to carry out -
• 3D Subsidence prediction studies for prediction of
subsidence, slope and strain values
• their impact on forests and surface features along with
mitigation measures. Further
 The maximum tensile strain value not to exceed 20 mm per
metre and thereby the surface cracks of 200-300mm may
be permitted in forest areas.
 However, MoEF presently restricting the maximum
permissible tensile strain value to 10mm per metre.
 Air (prevention & Control of Pollution) Act
1981

Enforcing agencies:

• State Pollution Control Board (SPCB) for states

• Central Pollution Control Board (CPCB) for
Union Territories
Relevant provisions of the Air Act applicable
to mining :

Section 21 : Restriction on use of certain

industrial plants. Require
Consent to establish or
operation of any plant from
the PCB
Section 22 : Industrial operators not to allow
emission of air pollutants in excess of
the standards laid down by the
board
 Relevant provisions of the Air Act
applicable to mining :
Section 22 (a): Powers of PCBs to make
application to court for
restraining persons from
causing air pollution

Section 23: Furnishing of information to

PCBs and other agencies in
cases like accidents,
unforeseen act or event etc

Section 24: Power of entry and

inspection
 Relevant provisions of the Air Act applicable
to mining :
Section 24 (4) :If any person willfully delay and or
obstructs any person empowered by
the board in discharging duties shall
be guilty of an offence under this Act.
Section 25: Power to obtain information
Section 26 : Power to take samples of air or
emission & procedures to be followed
in connection therewith.
 Relevant provisions of the Air Act
applicable to mining industry:
Section 31 (A) : Powers to give direction
(closure, stoppage of electricity, water
or any other service)

Section 37: Failure to comply with the provision

of section 21 or section 22 or with the
directions issued under section 33(A)

Penalty for violation of Section

21/22/ 31(A): Imprisonment - 11/2 years
to 6 yrs & with fine. If failure continues
Rs. 5,000/day
 Obligations of the Organization

• Submit information of air emissions

such as quantity, quality and control
methods.

• Obtain “Consent to operate” and adhere to

stipulated conditions.

• Standards specified for :

i). Concentrations of SPM, RSPM, SO2, NOx,
CO and Lead
ii). Quantity of air pollutants

• File returns with concentration of pollutants in

the point sources and ambient air quality.
 Environment Protection Act, 1986

• EP act , 1986, extends to the whole of India, the

act has been passed to implement the decision
taken at Stockholm conference,1972.

• Significant features of the Act: Central

Government is empowered to
(i) Formulate standards for environmental quality,
emissions, discharges and industry specific
operations
(ii) Restrict industrial activity in certain areas.
(iii) Lay down safe guards for prevention of
accidents
which may lead to env. pollution
(iv) Lay down safeguards for handling hazardous
substances including wastes
 Environment Protection Act, 1986
 Under 1992 amendment to EP rules, rule (14)
requires all industries obtaining consents under
Air and water Acts should furnish an annual
environmental statement to APPCB.

 Environmental statement should cover –

(i) Quantity of pollutants discharged ,
(ii) Hazardous and other solid waste generated
and their characteristics
(iii) Pollution abatement measures
Hazardous wastes (management and
handling) Rules, 1989.
 Enacted under EP Act, 1986.
 CPCB and SPCB are authorized to implement.
 23 categories of wastes are defined as hazardous.
 Generator is responsible for proper handling and
disposal of waste.
 Mines have been categorized as Red Non-
Hazardous category and Workshop and Stores as
Red-Hazardous category.
 Obligation of the Organization

 Submit information on hazardous waste such as

category of waste, quantity, treatment method
and mode of disposal.
 Secure authorization to generate, store and
dispose waste.
 Comply with the conditions stated in the
authorization.
 Maintain records and submission of returns
about generation of waste.
 Accident reporting
 Public Liability Insurance Act,1991
 Provide immediate relief to the affected (other
than employees) by accidents involving specified
hazardous substances on principle of no fault.
 All hazardous substances included.
 District Collector to verify the accident and order
relief.

Obligation of the Organization

 Draw insurance policy
 Contribute to relief fund set up under the Act
 In case of any claims, act as per the orders of
District collector
 Bio-Medical Waste (Management &
Handling) Rules, 1998

 These rules will apply to all the persons who

generate, transport, treat and dispose bio-
medical waste in any form.
 Bio-medical wastes shall be treated in order to
meet the stipulated quality standards.
 An authorization needs to be obtained from
APPCB, by furnishing the details of waste
generated, method of disposal and quality of
effluents etc.
Standards applicable to Coal Mining
Industry
 BIS-2296,1982: Tolerance limits for inland
surface waters subject to pollution

 BIS-10500,1991: Drinking water standards

 GSR-801(E), 1993: General standards for

discharge of environmental pollutants
stipulated by MoEF

 GSR-742(E),25.09.2000: Environmental
Standards for Coal Mines stipulated by MoEF
 Schedule-I specifies industry specific standards.

 Standards for coal mines were stipulated on

25.09.2000.(GSR-742:E)

 Air quality standards for coal industry:

1. SPM ( 600 ug/Cu.m for old mines and
500ug/Cu.m for new mines),
2. RSPM ( 300 ug/Cu.m for old mines and
250ug/Cu.m for new mines,
3. SO2 (120 ug/Cu.m) and
4. NOx (120 ug/Cu.m)
 EFFLUENT STANDARDS:
PH : 5.5- 9.0
Chemical Oxygen Demand (COD) : 250 mg/L
Total Suspended Solids (TSS) : 100 mg/L
200mg/L (in case of land for irrigation)
Oil and Grease : 10 mg/L

 NOISE LEVEL STANDARDS:

75 dB(A) - 6.00 AM to 10.00 PM
70 dB(A) - 10.00 PM to 6.00 AM
 Occupational exposure limit of noise specified by
DGMS will have to be complied by mines
 CLEARANCE/ PERMISSIONS REQUIRED
FOR ENV. CLEARANCE FOR
A COAL MINING PROJECTS
Sl. No. Various permissions / Issuing Authority
Clearances

1 Public Hearing A pre-requisite for

Env. Clearance.
2 Mining Plan Approval Ministry of Coal, GOI.

3 Ground water State Ground

clearance Water Dept.
4 Forestry Clearance MoEF, GOI.
 CLEARANCE/ PERMISSIONS REQUIRED FOR GREENFIELD COAL MINING PROJECTS…(contd.)

5 Flora and Fauna Divisional Forest

  certificate Officer (Forest Dept)
of the concn. area

6 Environmental MoEF, New Delhi

Clearance
 ENVIRONMENTAL CLEARANCE (EC)
FOR COAL MINING PROJECTS
 As far as Mining is concerned, MoC started
insisting for EC since mid 80’s. EC was only an
administrative requirement till 1994.
 MoEF issued EIA Notification in 1994 making
Environmental Clearance mandatory for 30
categories of industries including mining
projects
 Prior to 1994 i.e. promulgation of EIA
notification, SCCL has obtained Env. Clearance
(EC) for projects sanctioned by Govt. of India.
 However, in case of Board level projects, NOC
was obtained from APPCB during this period.

 Since 1994, SCCL is invariably obtaining NOC /

CFE from APPCB and EC from MoEF for all the
projects.

 As per EIA notification 1994 / 2006, EC is

required for every new mining project and
project requiring expansion in lease area or
production and modernization of activities.
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:
1) Mining of Minerals:
 Cat-A :- > 50 ha. Mining Lease Area
 Cat-B:-< 50 ha & > 5ha of mining lease area

2) Regulator Body
 Central – MoEF
 State – State Environmental Impact Assessment
Authority (SEIAA) – 3 Members including
Chairman and Member Secretary to be
nominated by State Govt.
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE

Salient Features for Mining Projects:

3) Categorization of projects
 Cat – A Comes under Central i.e., MoEF
 Cat – B comes under State ie., SEIAA

4) Screening, Scoping and Appraisal committees

 Central for Cat-‘A’ – EAC (15 Members)
 State for Cat-‘B’ – SEAC (15 Members)
 Term period – 3 years
5) Applications for prior Environmental Clearance
 Form – I along with pre-feasibility report
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE

Salient Features for Mining Projects:

6) Stages of prior E.C. for New/ Expansion Projects
 Stage (1) screening for ‘B’ projects
 Stage (2) Scoping
 Stage (3) Public Consultation
 Stage (4) Appraisal
7) Scoping for Cat ‘A’ & ‘B’
 EAC/SEAC determines detailed and
comprehensive Terms of Reference (TOR), for
preparation of Draft EIA and communicate to the
applicant within 60 days.
8)Prepare draft EIA/EMP on the basis of Terms of
Reference (ToR) issued by MoEF.
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:
9) Public consultations: (Two parts)
Public hearing at the site
Obtain responses in writing from other
concerned
persons having plausible stake.
For Public Hearing -
(i) A clear notice of 30 days shall be given.
(ii) District Magistrate (DM)or Addl. District
Magistrate
(ADM) assisted by Rep. of SPCB shall supervise
and preside over entire Public Hearing
Proceedings.
(iii) Public hearing shall be conducted by SPCB
and forward the proceedings to the regulatory
body within 45 days.
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:
10) Appraisal:
(A) After public consultation make appropriate
changes in
 Draft EIA/EMP and submit to MoEF along with
following documents –
 Final EIA Report
 CD of the Public Hearing Proceedings
 A copy of final Lay out Plan
 A copy of Project Feasibility Report
(B) After submission, Appraisal shall be completed
within 60 days of application. Communication to
the applicant by Regulatory body within another
45 days. Total 105 days.
 EIA NOTIFICATION, 2006 FOR
ENVIRONMENTAL CLEARANCE
Salient Features for Mining Projects:

11) Validity of EC:

 For Mining Projects maximum of 30 years.

12) Post E.C. Monitoring:

 Half Yearly Report on 1st June and 1st December
of each calendar year to regulatory authority.
 What is EIA
EIA is an important tool for incorporating
environmental concerns at the project level. EIA
should be carried out as early as the project
planning stage as part of feasibility so that it can
assure that the project will be environmentally
feasible.
The general objectives of the EIA study are to
provide;
(i) baseline information about the environmental
social, and economic conditions in the project area;
(ii) information on potential impacts of the project
and the characteristic of the impacts, magnitude,
distribution, who will be the affected group, and
their duration;
(iii) information on potential mitigation
measures to minimize the impact including
mitigation costs;
(iv) to assess the best alternative project at
most benefits and least costs in terms of financial,
social, and environment. In addition to
alternative location of the project, project
design or project management may also be
considered; and
(v) basic information for formulating
environment management plan.
Environment Management Plan (EMP)
involves implementation of environment
protection and mitigation measures and
monitoring of significant environment impacts.
 ENVIRONMENTAL BASELINE DATA
GENERATION
Environmental Baseline data generation is carried out in
and around the project upto 10KM radius from the
boundary and include:
 Micro Meteorological data
 Air quality
 Water Quality (Surface & Subsurface)
 Noise Quality
 Soil Quality
 Socio-economic data
 Land use pattern study
 Flora & Fauna….etc., Other Env. attributes
 Monitored for one complete year consisting of
four seasons.
 ENVIRONMENTAL BASELINE DATA
GENERATION
Monitoring Frequency:
 Micro Meteorological data- 365 days
 Air quality- Twice in a week for one year
except monsoon
 Water Quality (Surface & Subsurface)- once in
a season
 Noise Quality -once in a season
 Soil Quality -once in a season
 Socio-economic data- once in year
 Land use pattern study -once in year
 Flora & Fauna study - once in year
 Other Environmental attributes - once in year
 CONTENTS OF EIA/EMP

Contents of EIA/ EMP of a project is finalised after

finalisation of Terms of Reference (ToR)
 By Expert Committee Meeting at MoEF, New Delhi
 Based on Form-I and Pre-feasibility report sent by
the project proponent

However the Major Contents of an EIA/EMP are

1. Introduction
 Purpose
 Review of Environmental & process related
legislations applicable to the project.
 Procedure for obtaining Environmental clearance

2. Project description
 CONTENTS OF EIA/EMP

3. Environment Impact assessment and Management Plan

Assess the impacts due to proposed mining activities on
 Land use, Land scape, Socio-economics
 Hydrology and water resources, Water quality
 Air Quality,Noise & Vibrations
 Ecology (Flora & fauna)
 Risks & hazards
 Public Health and safety. Residual impacts
After assessing the impacts
 Define and suggest the Environment impact methodology
 Make an assessment on different project alternatives
 CONTENTS OF EIA/EMP
 What will be the impacts without the project and with the project at
various stages.
 Compare impacts with & without project.
 Analysis of the impacts.
 Preparation of Environment management plans to minimize the
impacts.
 Define the goals of the EMP, like increasing the Quality of life,
planning for a better land use, pollution prevention within the statute.
 Select the various available mitigative measures for each of the
impacts and chose the preferred alternative
 Develop a detailed action plan for implementation of the
environment management plan.
 Assess the various inputs required viz., Machinery, manpower,
materials, etc and the financial cost
 Provision of regular monitoring scheme
 Periodical review of the EIA/EMP
 CONTENTS OF EIA/EMP
4.0 Additional studies (Site specific scientific
studies when impacts are of major significance) :
 Hydro-geological studies
 AAQ prediction studies
 Ground vibration studies
 Flora and Fauna studies
 Land use studies
 Other studies
 CONTENTS OF EIA/EMP
5.0 Public consultation Process

 Document the public consultation programme for

the project
 Describe the method of public consultation, timing
and type of information provided to the public.
 Summarize the issues identified by the public
consultation process including the views of the
various stakeholders with respect to these issues.
 Provide a list of stakeholders identified during the
public consultation process.
 Provide SCCL response to the issues or concerns
during public consultation programme.
 CONTENTS OF EIA/EMP

6.0 Evaluation of Project

 Check list of clearances required.

 Check List of procedures to be followed.
 Check List of documents to be enclosed.
 Details of the regulatory agencies for all related statutes.
Thank
you