Consultation Workshop: Developing an Environmental Compliance Assistance Center promoting compliance in the Sponge Iron

1. Institutional Arrangement of Environmental Compliance Assistance Center in West Bengal Consultation Workshop: Developing an Environmental Compliance Assistance Center promoting compliance in the Sponge Iron Sector Peerless Inn Hotel, Durgapur West Bengal, India Dr. Dipak Chakraborty Chief Scientist West Bengal Pollution Control Board

2. Environmental Compliance – Statutory Requirements for Industries • Legislations • Water (Prevention and Control of Pollution) Act, 1974 • Water (Prevention and Control of Pollution) Cess Act, 1977 • Air (Prevention and Control of Pollution) Act, 1981 • Environment (Protection) Act, 1986 • Ministry of Environment and Forest (MoEF), Government of India (GoI) is given overriding power to notify various Rules for environmental safeguards • Directions & notifications issued by MoEF, GoI • All the environmental Acts and Rules are promulgated by Federal Govt. of India Statutory power to implement different acts and rules are delegated to State level pollution control agencies within the territorial jurisdiction of the states

3. Environmental Compliance – Statutory Requirements for Industries • Most of the power is decentralised to State Pollution Control Boards/Agencies • Driving principle: Command and Control Approach • Instrument for ensuring compliance: • -Permit regime • - Surveillance Programme

4. Environmental Compliance – Statutory Requirements for Industries • Permit Regime - Compliance of environmental statutes • Consent to Establishto be obtained • before establishment of any new industry • before expansion or modification of existing industrial process • pollution abatement proposal should be sufficient for containment of environmental pollution within permissible norms • Environmental clearances • only applicable for specific activities mentioned in EIA notification • Consent to Operateto be obtained • for operating any industrial unit • to be renewed periodically • normally granted after the unit complies with environmental norms • Authorisationto be obtained • for management and handling of Hazardous wastes • for management and handling of Biomedical wastes

5. Environmental Compliance – Statutory Requirements for Industries • Surveillance Programme - Compliance of environmental standards • Compliance of liquid effluent discharge standard • - Primarily concentration based standards • - General and industry specific discharge standards • - Mass based standards (in some specific cases like Pulp & Paper, Fertiliser, Oil Refinery etc.) • Compliance of emission standards (primarily particulate matters) • Proper management and treatment of hazardous wastes • – Treatment and disposal as provided under the Hazardous Wastes • (Management & Handling) Rules

6. Analyzing the reasons for poor environmental compliance by the industries • Environment management is still considered as an externality in developing countries like India • Lack of involvement of top management of industries in environment management practices (for unorganised sector) • Lack of understanding about the statutory requirement for environmental compliance • Non-availability of information on appropriate emission control technology and reliable vendors for installing the same • Absence of properly accredited agencies generally capable of supporting industries in its endeavour to comply environmental norms

7. An independent and reliable Environmental Compliance Assistance Center in West Bengal can facilitate better compliance providing information support to entrepreneurs regarding statutory requirements as also environmental management planning (handholding approach)

8. AECEN • AECEN (Asian Environmental Compliance and Enforcement Network) a regional network established by the environmental agency leaders of Asian countries (India, Japan, Indonesia, Nepal, People’s Republic of China, Philippines, Singapore, Sri Lanka, Thailand and Vietnam) to promote environmental compliance in Asia. • International development agencies like USAID, USEPA, WB, ADB collaborate with the AECEN. • AECEN works from its headquarter at Manila, Philippines • Shri Sudhir Mittal, Joint Secretary, Ministry of Environment and Forests, Government of India is the National Coordinator for India in AECEN initiatives. • AECEN has established Environmental Compliance Assistance Center (ECAC) in Thailand and Philippines and operating successfully

9. ECAC at Kolkata, West Bengal, India • Department of Environment, GoWB conceived to establish an ECAC for the state of West Bengal under aegis of AECEN • ECAC will function as an independent agency from the office of the WBPCB, Kolkata • Primary functions of the ECAC would be: • to collect and disseminate information to apprise the industry of the state on environmental policies, strategies, acts, regulations, standards and best practices • to catalyze technical assistance to help the industry to analyze and evaluate technology options and access funding opportunities • organize training programmes to develop enhanced industry capacity to introduce innovative technologies demonstrating cost efficiency and environmental benefits, conduct self monitoring and mainstream environmental issues into corporate practices • AECEN and WB would provide financial support for setting up the ECAC

10. ECAC at Kolkata, West Bengal, India • First consultation workshop of ECAC was held at Kolkata in April 2008 • Strategic Partner Meeting was held in September 2008 to identify specific inputs from ECAC partners, including FOSMI, ICC, IIPCs of JU, BESU & IISWBM • A twelve member Steering Committee involving the major stakeholders has been constituted by the State Government for framing policy guidelines for the ECAC • An Action Plan has been prepared for proposed activities of ECAC • AECEN Secretariat has agreed to provide US$ 25,000 for the initial expenses for setting up the ECAC and related activities • WBPCB will provide a seed money of Rs. 10 lacs (US$ 20,000) towards initial hardware support and publication costs • ECAC will be further developed and strengthened under the upcoming WB project on “Capacity Building for Industrial Pollution Management Project”

11. Thank You