Chemical Sector, and Instances of Certain Non-Compliance of Environmental Laws - Role of MOEFCC, CPCB, SPCB and Local Governing Bodies (e.g. Municipal Corporations).

[YAGAY andSUN]

The chemical sector plays a significant role in the global economy but also presents environmental challenges, particularly in terms of air, water, and soil pollution. Regulatory bodies such as the Ministry of Environment, Forests and Climate Change (MOEFCC), Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCB), and local governing bodies (e.g., Municipal Corporations) play a vital role in ensuring compliance with environmental laws. Let’s break down the roles of these entities and the common issues around non-compliance.

1. Ministry of Environment, Forests and Climate Change (MOEFCC)

Role:

• Policy and Regulation: MOEFCC is the apex body in India for environmental governance. It drafts policies, provides guidelines, and enforces the implementation of environmental laws and standards.
• Legislation: The MOEFCC is responsible for framing and enforcing regulations such as the Environment Protection Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and others.
• Environmental Clearances: It issues Environmental Impact Assessments (EIA) and environmental clearances for chemical industries to ensure their activities don't harm the environment. The chemical sector, being heavy in emissions and discharges, is often required to comply with strict norms.
• Monitoring and Enforcement: The MOEFCC collaborates with the CPCB and SPCBs to monitor and enforce compliance with environmental laws.

Instances of Non-Compliance:

• Delay in Environmental Clearances: Sometimes chemical industries operate without the necessary environmental clearances or under inadequate compliance, which leads to pollution and resource depletion.
• Inadequate Mitigation Measures: Chemical industries sometimes do not implement adequate pollution control systems, such as waste treatment plants or air pollution control devices.

2. Central Pollution Control Board (CPCB)

Role:

• Standards and Monitoring: The CPCB, under the MOEFCC, sets national standards for air, water, and soil pollution, along with guidelines for hazardous waste management. It monitors the emission levels of chemical industries.
• Inspection and Compliance: CPCB has the authority to inspect industries for compliance and take corrective actions such as penalties, closure orders, or directions to install pollution control equipment.
• Reporting and Data Collection: CPCB is responsible for collecting and analyzing environmental data from various industries, including chemical factories, to assess the state of pollution.
• Support for SPCBs: The CPCB assists and coordinates with state-level boards to enforce pollution norms effectively.

Instances of Non-Compliance:

• Exceeding Emission Standards: Chemical industries often release harmful gases such as nitrogen oxides (NOx), sulfur oxides (SOx), and volatile organic compounds (VOCs) that exceed permissible limits, damaging air quality.
• Improper Waste Disposal: Some industries may improperly dispose of chemical waste into water bodies or land, violating hazardous waste management regulations.

3. State Pollution Control Boards (SPCBs)

Role:

• Implementation of National Standards: SPCBs ensure that the environmental regulations set by the CPCB and MOEFCC are implemented at the state level.
• Pollution Control Authorization: SPCBs issue consent for the establishment and operation of chemical industries, ensuring that they comply with air, water, and hazardous waste standards.
• Monitoring and Enforcement: SPCBs conduct routine inspections of chemical industries and can impose fines or penalties on non-compliant factories. They also shut down non-compliant facilities if necessary.
• Awareness and Guidance: SPCBs play an important role in educating local industries about the environmental laws and helping them comply with environmental norms.

Instances of Non-Compliance:

• Failure to Renew Consent: Some industries fail to renew their consent to operate, leading to legal non-compliance.
• Failure to Install Pollution Control Devices: Some industries bypass the installation of required pollution control equipment like effluent treatment plants or air filters, leading to contamination.

4. Local Governing Bodies (e.g., Municipal Corporations)

Role:

• Local Monitoring: Local authorities are responsible for monitoring pollution within municipal boundaries. They ensure that industries comply with local environmental norms regarding air and water pollution.
• Waste Management: Local bodies manage the waste generated by industries and ensure the proper disposal of hazardous waste. This includes ensuring that chemical industries do not discharge untreated effluent into drains or water bodies.
• Urban Planning: Municipalities are involved in zoning laws, ensuring that industries, particularly chemical ones, are located in areas that are suited to handle potential environmental hazards.
• Public Health Protection: They ensure that air and water quality remain safe for public consumption by enforcing environmental standards for emissions, effluent discharges, and waste management at the local level.

Instances of Non-Compliance:

• Poor Waste Disposal: In some cases, local authorities fail to ensure that industries follow proper waste disposal methods, leading to pollution.
• Lack of Enforcement: Local authorities sometimes fail to strictly enforce environmental laws due to resource constraints or political influences, allowing chemical industries to operate without proper pollution controls.

Common Instances of Non-Compliance in the Chemical Sector:

1. Air Pollution: Chemical factories often emit harmful gases such as ammonia, benzene, and toluene, which exceed permissible levels. This can occur due to outdated equipment or non-compliance with prescribed pollution control measures.
2. Water Pollution: Many chemical plants release untreated or inadequately treated effluent containing toxic chemicals such as heavy metals, acids, or solvents into rivers, lakes, or underground water systems.
3. Improper Hazardous Waste Management: Chemical industries produce hazardous waste, and improper disposal or storage of such waste can lead to contamination of soil, groundwater, and air.
4. Failure to Implement Corrective Actions: Even when violations are identified through inspections, many companies delay or avoid implementing corrective actions like upgrading pollution control systems or improving waste management procedures.
5. Illegal Expansion: Chemical industries sometimes expand operations or construct new plants without obtaining necessary environmental clearances, ignoring the impact on the surrounding environment.

Role of Collaboration and Accountability

While these bodies play distinct roles, their collaboration is crucial in ensuring effective environmental governance. MOEFCC, CPCB, SPCBs, and local governing bodies must work together to conduct inspections, issue permits, and impose penalties. Non-compliance in the chemical sector can have serious consequences for public health and the environment, which is why regulatory agencies must continuously monitor, enforce, and update policies to hold industries accountable.