Courtesy: Pollution control board [mpcb] consent
Sector- Specific Approach for Consent Management
In 2011, the CAC had taken review of earlier legal actions and decided to adopt Uniform
Integrated Approach not only in grant of consent/s, but also issuance of directions and
accordingly, decided’to implement Enforcement Mechanism in respect of procedure to be
followed uniformly while grant of consent/s and also about compliance matrix. Such
implementation started of late-in 2011 onwards. MPCB has identified sector specific industries
for the purpose of imposing stringent conditions to regulate highly polluted stream of pollution
arises from such activity, by adopting sector specific approach for sugar & distilleries, textile
processing, steel industries, cement industries, power plants etc.
MPCB has initially identified highly polluting industries and accordingly adopted sector
specific approach for regulating such type of industries through grant of consent/s from 2011
onwards. Sector-specific approach has been adopted for effective consent management and
improving the compliance level up to 95% in respect of important conditions imposed in the
consent granted to Sugar and Distillery, Textile Processing Cement Plants, Steel Plants and
Power Plants respectively. For compliance of those important conditions, reasonable time
period prescribed in the consent granted to such units and to ensure time bound compliance
of such conditions, uniform BGs have been prescribed. While imposing such conditions the
aspects of waste minimization, recycle/reprocess/reuse/re-circulate and recovery of material
taken into consideration. The BG regime will be followed as a last resort to secure the
compliance, but ensuring that the compliance will be more cheaper than submission of BG
and forfeiture thereof, so that the industries will prefer to comply with the conditions rather
than facing forfeiture of BG and continuing non-compliance. The element of remedial measures
and restoration along with cost thereof will be incorporated in the Bank Guarantees, so that
in case of failure to take remedial measures, out of forfeiture of bank guarantee, through
reputed institutions, remedial measures can be taken with the cost of forfeiture of Bank
Guarantee.
(b) Stringent Conditions for Pollution Prevention :—
The present approach is to impose and implement industry specific conditions for
pollution prevention on the basis of its pollution potential in a time bound manner. While
imposing conditions, the Consent Granting Authorities focus more on the waste minimization,
by adopting waste reduction by insisting for providing of cleaner-technologies consisting of
recycling, reuse, reprocess and recovery to the extent possible. Wherever possible, the
Lifecycle Approach is adopted, by keeping proper material balance etc. Just to cite an example,
the Bank Guarantee Regime for the power plant was discussed in the 13th Consent Appraisal
Committee Meeting held on 5th October 2013 for sector-specific approach for the Power
Plant. After due deliberations, it was decided to lay down specific separate BG Regime for
old & new power plants with reference to different standards laid down under the provisions
of the Environment (Protection) Rules, 1986. The necessary Guidelines have been formulated
in respect of implementation of BG Regime for both the old and new power plants with
reference to the exceeding percentage of non-compliance of the standards/conditions
stipulated in the consent, on the basis of compliance percentage with reference to time frame
given for compliance, taking into consideration verification report and the manner in which,
the non-compliance is to be confirmed/decided.
However, as far as BG Regime for Power Plant is concerned, once the ESP is installed,
the emissions are required to i>e defined with reference to the documentation on the basis of
which, amount of BG can be forfeited with percentage of non-compliance, including handling
& disposal of fly ash as well as CAAQMs results and operation & maintenance of pollution
control devices. The forfeiture Regime for various bank guarantees in respect of the BG
Regime for power plants has been defined. Similarly, BG Regime for old & new pow.er plants,
as per Environment (Protection) Rules, 1986, has been specified on the lines of above Forfeiture
Matrix. The sectorial review is being taken on yearly basis.
(c) Target for securing sector-specific compliance : —
In Sector— Specific Approach for Consent Management, the MFC Board has identified
highly vulnerable aspects of pollution being caused from the identified sectors, such as Sugar
and Distillery, Textile Processing, Cement Plants, Steel Plants and Power Plants respectively.
In order to regulate highly vulnerable waste streams, MPCB has prepared an Action Plan to
secure compliance of 80% initially and targeted compliance level upto 95% in a time-bound
manner by imposing necessary conditions, granting reasonable time period in the consent
renewal for taking improvement measures. After expiry of period granted for making
improvement, MPCB takes action to secure the above compliance level through grant / refusal /
revocation of consent/s of non-complied industries and initiating other stringent actions like
issuance of prohibitory orders, filing of applications before appropriate Court of Law for
various directions including restraining apprehended pollution, filing of prosecution and
issuance of various directions including closure, prohibition or regulation of polluting Activities.
More thrust has been given on the enforcement of conditions stipulated while granting
consent through effective monitoring and surveillance at the field level. After expiry of the
periods granted for implementation of the said conditions on the basis of monitoring reports,
further actions shall have to be initiated including forfeiture of bank guarantees, regulation
of highly polluting activities with reference to best available technologies (reduction of
pollution load by imposing conditions for recycle, reuse of treated effluent, restricting
generation of effluent commensurate with land availability/disposal system, reduction of
production quantity in exceptional cases, imposing conditions for use of clean fuel- such as
CNG/Natural Gases, refusal / revocation of consent; closure, prohibition or regulating highly
polluting activities etc. However, depending upon seriousness, the Competent -Authority
(Consent Granting Authority) may take decision for refusal/revocation of Consent with
reference to the degree of pollution / impact on environment after giving one opportunity of
hearing.
- Implementation of Polluter Pays Principle : —
The Regime for forfeiture of BG on the basis of “Polluter Pays Principle” subject to the
degree of non-compliance as stated above and for continuous non-compliance, it will be more
costlier than securing compliance, so that the project will prefer to secure compliance, rather
than “Pay for Pollution”, which is decided as below :-
(0 In case of substantial compliance is secured, upto 25% of the bank guarantee to be forfeited
and top up with double the amount of forfeiture by granting additional time of 25% proportionate
time granted for securing total compliance as per earlier directions.
(ii) In case of medium compliance is secured as defined above, above 25% upto 50% of BG to
be forfeited on the basis of % of non-compliance and top up with double the amount of forfeited
BG and granting 50% proportionate time of total period granted as per earlier directions.
(Hi) In case of non-compliance below 25%, above 50% upto 100%, BG to be forfeited on the
basis of % of non-compliance and top up with double the amount of forfeited BG proportionately
and giving additional proportionate period with reference to the earlier total period granted by
the Board.
(iv) In case of 100% compliance, the earlier directions given for non-compliance will be
withdrawn and bank guarantees will be returned immediately.
If non-compliance of conditions observed, based on the non- compliance level (25% – 50% –
75% and above), BGs will be proportionately forfeited and proportionate time will be granted
with top up of forfeited BG while granting further extension of time to secure remaining compliance
after obtaining double the amount of forfeited BG. After second extension, if physical steps are
taken for compliance of conditions, on the basis of the progress, decision in respect of further