INDIA - Regulatory Framework and Environmental Standards

Technical: The Government of India's (GOI) Department of Environment, Forests and Wildlife (DEFW) in the Ministry of Environment and Forests has developed Environmental Guidelines for Thermal Power Plants. Standards for emissions are stipulated by the Central or State Pollution Control Boards, and regular monitoring reports are submitted to the State Pollution Control Boards.

An Environmental Impact Assessment (EIS) is required by the DEFW for power projects over 500 MW, and for projects under 500 MW in environmentally sensitive areas. The DEFW has specific guidelines concerning the content of EIS submittals. The project EIS proposals are placed before the DEFW's Committee for Environmental Appraisal. The Committee's actions can include: rejection of the project; relocation of the project; or environmental clearance of the project, with or without incorporation of specific environmental safeguards. The Environmental Guidelines for Thermal Power Plants state that: "Redundancies and space capacities have to be built into the pollution control equipments (sic) so that the standards are always adhered to (Section 4.8.2)." The stipulations of the environmental clearances can be enforced under the Water (Prevention & Control of Pollution) Act, 1974; the Air (Prevention & Control of Pollution) Act, 1981; and the Environment (Protection) Act, 1986; or their subsequent amendments. The clearances often carry the clauses that the stipulations can be varied or new ones imposed, that the clearance can be revoked in the event of non-implementation of the conditions, or that it can be revoked in the interest of protection of the environment.

Additional environmental regulations which are relevant for power corporation operations include:

Environmental Audits conforming to GOI requirements are to be included in corporation annual reports (as of March 1993).
Every facility which stores hazardous materials over specified threshold quantities must have Disaster Management Plans developed in coordination with the State Pollution Control Boards and local emergency response agencies
including hospitals (regulation currently in effect).
The environmental laboratories and staff qualifications of industrial facilities must be approved by the Ministry of Environment and Forests (regulation currently in effect).
All industrial facilities are required to carry liability insurance to cover hazardous material spills and other environmental damages. The liability cap is set at 500 million rupees. State Pollution Control Boards are including this requirement on Consent Order renewals.

The various environmental acts include criminal penalties for the factory occupier for non compliance with environmental regulations. A new Public Liability Act requires damages compensation for accidental environmental releases. Under the Criminal Procedure Code, executive action can be taken to close a factory, and under the Air & Water Act, power and water supply to a plant can be cut.

Recently, NGOs have filed in the Supreme Court for compensation of damages suffered by the public due to environmental pollution caused by a group of industries. This case is currently pending. A private citizen can file a criminal complaint against an industry that is out of compliance with pollution laws. The citizen must first ask the regulating agency to control the pollution, and if the agency fails to control it within 60 days, the citizen can file a criminal complaint. The citizen need not be a sufferer; any concerned citizen can take this action.

Return to the main MESAS resources page or to the environment resources page.