Download Dagar-Env Law Environmental Issues: Environment Protection Act

Environmental Issues: Environment Protection Act,
Challenges of Implementation and Livelihood Security
JC Dagar
Former ADG (ICAR), Emeritus Scientist
Central Soil Salinity Research Institute
KARNAL-132 001 (Haryana)
[email protected]
Environmental Issues
• Environmental Degradation
-Land, Water & Air
• Biodiversity- Macro & Micro (Vegetation,
Animals, Micro-organisms)
• Climate Change
• Food-chain and Life Support Systems
• Livelihood Security vis-à-vis environment
degradation
• Implementation of Environmental Laws
Climate Change 2014
● CO2 emissions from fossil fuel combustion and
industrial process contributed 78% of total GHG
emissions (1970-2010; 2000-2010)
● Of total GHG emission in 2010, 76% from CO2 , 16%
from methane, 6 % from nitrous oxides and 2% from
fluorinated gases.
●Half of cumulative CO2 emissions between 1750 and
2010 have occurred in the last 40 years
● In 2000-2010, the increase is 47% from energy
supply, 30% from industry, 10% transport, 3% from
building
Hydrogen, nuclear based energy is needed
Climate Change 2014
● Mitigation is a human intervention
● Effective mitigation will not be achieved if individual agents
advance their own interests independently
● Issues of equity, justice and fairness arise with respect to
mitigation and adaptation
● Economic evaluation is commonly used to inform climate
policy design
● Climate policy intersects with other social goals creating
the possibility of co-benefits or adverse side-effects. These
interactions, if well-managed, can strengthen the basis of
undertaking climate action
● The design of climate policy is influenced by how
individuals and organizations perceive risks and
uncertainties
The right to live - Fundamental right under Act 21 of the
Constitution of India –right to enjoyment of Pollution
free environment
Environment-inter-relationship between air-water-land ,
human beings, other living creatures (plants, animals,
micro-organisms) and property
Pollutants means- any solid, liquid or gaseous substance
present in such concentration as may be or tend to be
injurious to environment
Environment vs Development
(without sacrificing any one of these)
Environmental degradation
(one of the 10 threats cautioned by high Level Threat Panel of UN)
I=PAT
(MR Chertow 2001; Huesemann et al. 2011)
I-Environmental impact
P-Human population
A-Per capita affluence
T-application of resource depleting and polluting
technology
Water deterioration
(only ~2.5% of all the waters on earth is fresh; only 30% of the 2.5% is
available for consumption)
Irrigation
85%
Domestic uses
6%
Industrial purposes
4%
Others
5%
Causes of scarcity: Population, urbanization, higher standard
of living, climate change
Climate change and temperature- melting of glaciors, sea level rise, effect on
agricultural growth, salinity in reservoirs and aquifers, biodiversity……
Pollution in Surface water-suspended solids, floating solids, organic
matter, inorganic dissolved salts, toxic chemicals and heavy metals,
radioactive materials, micro-organisms, thermal pollution
Carcinogens in waste water
E-waste (~146,000 tonnes in 2007)
Ground water due to heavy metals- high TDS, flourides, arsenic, nitrates,
pesticides, radioactive substances, pathogens, etc
Water management: Control of Pollution; Judicious use in
agriculture; use of poor-quality waters; water conservation
Arsenic toxicity symptoms in human beings
Air pollution
(As per EPI-Environmental Performance Index, India is
155 out of 178 countries)
Fuelwood and biomass burning- (100 million people use~200
million coal equivalent fuel wood annually (2010); 3-4 lakh
people die of indoor air pollution
Fuel adulteration
Vehicle emission and traffic congestion
Burning of crop residues
……………leading to acid rains and climate change
Soil pollution - Excess use of fertilizers, pesticides, acid rains,
contamination of underground water
Environmental Laws
• The Water (Prevention & Control of Pollution) Act 1974
(as amended up to 1998)
●The Air (Prevention & Control of Pollution) Act 1981
(as amended by Amendment Act 1986)
● The Environmental (Protection) Act (1986) – published in the
Gazette of India (23-05-86) - (as a measure to implement the
Stockholm Declaration- UN Conf Human Environment-June
1972) - Amended (on 18-03-13)
Central Govt has FULL POWERS to get the Law Implemented
through The Environment Pollution (Prevention & Control)
Authority- statutory authority
Rules amended from time to time…….
▪ Hazardous Wastes (Management & Handling) Rules, 1989
▪ Manufacture, Storage and Import of Hazardous Chemical
Rules, 1989
▪ Bio-medical waste (Management & Handling) Rules, 1998
▪ Plastics Manufacture, Sale and Usages Rules, 1999
▪ Noise Pollution (Regulation & Control) Rules, 2000
▪ Municipal Solid Waste (Management & Handling) Rules, 2000
▪ Batteries (Management & Handling) Rules, 2001
▪ Hazardous Wastes (Management , Handling &
Transboundary Movement) Rules 2008
▪ Wetlands (Conservation & Management) Rules, 2010
▪ Plastic Waste (Management & Handling) Rules, 2011
▪ E-Waste (Management & Handling) Rules 2011
▪ Notifications
- Prior Environmental Clearance-Notification dated 14-09-2006
-Dept of Env & Forest, & Wild Life Notification (07-01-2009)
Way Forward….
▪ Overlapping
▪ Certain areas of environmental hazards not covered▪ Pollution in underground water-e.g. Arsenic
▪ Guidelines for disposal of wastes
▪ Guidelines for utilization of waste waters
▪ Carrying capacity of roads
▪ Adulteration
▪ Carbon credit rules
▪ Site specific rules for climate change
Implementation of laws?
*On August 29 the Ministry of Environment, Forests &
Climate Change issued an order to set up High Level
Committee to review Environmental Laws probably to
expedite developmental works -already ~ 333 acres of
forest land is diverted each day for?? ? ?
Not everyone is happy with it?
nk You
Thank You