To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for nonfulfillment of the conditions prescribed has also been emphasized in the Air Act Amendment.
The Air (Prevention and Control of Pollution) Rules formulated in 1982 defined the procedures for conducting meetings of the boards, the powers of the presiding officers, decision making, the quorum, manner in which the records of the meeting were to be set, etc. They also prescribed the manner and the purpose of seeking assistance from specialists and the fee to be paid to them.
Complementing the above acts is the Atomic Energy Act of 1982, which was introduced to deal with radioactive waste. In 1988, the Motor Vehicles Act was enacted to regulate vehicular traffic, besides ensuring proper packaging, labeling, and transportation of the hazardous wastes. Various aspects of vehicular pollution have also been notified under the USEPA of 1986. Mass emission standards were notified in 1990, which were made more stringent in 1996. In 2000 these standards were revised yet again and for the first time separate obligations for vehicle owners, manufacturers, and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II emission norms were notified by the Supreme Court on 29 April 1999 for the city of Delhi. The notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May 1999 and April 2000, respectively, for new noncommercial vehicle sold in Delhi.
2.13.2.3 Forests and Wildlife
The Wildlife (Protection) Act, 1972, Amendment 1991The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park, or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks, and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery (WWF‐India, 1999). The near‐total prohibition on hunting was made more effective by the Amendment Act of 1991.
The Forest (Conservation) Act, 1980
This Act was adopted to protect and conserve forests. The Act restricts the powers of the state in respect of de‐reservation of forests and use of forestland for non‐forest purposes (the term non‐forest purpose includes clearing any forestland for cultivation of cash crops, plantation crops, horticulture, or any purpose other than re‐afforestation).
2.13.3 General
2.13.3.1 Environment (Protection) Act, 1986 (USEPA)
This Act is an umbrella legislation designed to provide a framework for the coordination of central and state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981. Under this Act, the central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges, regulating the location of industries, management of hazardous wastes, and protection of public health and welfare.
From time to time the central government issues notifications under the USEPA for the protection of ecologically sensitive areas or issues guidelines for matters under the USEPA.
The following are some notifications issued under this Act:
Doon Valley Notification (1989), which prohibits the setting up of an industry in which the daily consumption of coal/fuel is more than 24 million T/day in the Doon Valley.
Coastal Regulation Zone Notification (1991), which regulates activities along coastal stretches. As per this notification, dumping ash or any other waste in the CRZ is prohibited. The thermal power plants (only foreshore facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated waste water/cooling water) require clearance from the MOEF.
Dhanu Taluka Notification (1991), under which the district of Dhanu Taluka has been declared an ecologically fragile region and setting up power plants in its vicinity is prohibited.
Revdanda Creek Notification (1989), which prohibits setting up industries in the belt around the Revdanda Creek as per the rules laid down in the notification.
The Environmental Impact Assessment of Development Projects Notification (1994 and as amended in 1997). As per this notification:All projects listed under Schedule I require environmental clearance from the MOEF.Projects under the delicensed category of the New Industrial Policy also require clearance from the MOEF.All developmental projects whether or not under the Schedule I, if located in fragile regions must obtain MOEF clearance.Industrial projects with investments above ₹500 million must obtain MOEF clearance and are further required to obtain a LOI (Letter Of Intent) from the Ministry of Industry, and an NOC (No Objection Certificate) from the SPCB and the State Forest Department if the location involves forestland. Once the NOC is obtained, the LOI is converted into an industrial license by the state authority.The notification also stipulated procedural requirements for the establishment and operation of new power plants. As per this notification, two‐stage clearance for site‐specific projects such as pithead thermal power plants and valley projects is required. Site clearance is given in the first stage and final environmental clearance in the second. A public hearing has been made mandatory for projects covered by this notification. This is an important step in providing transparency and a greater role to local communities.
Ash Content Notification (1997), required the use of beneficiated coal with ash content not exceeding 34% with effect from June 2001. This applies to all thermal plants located beyond 1000 km from the pithead and any thermal plant located in an urban area or sensitive area irrespective of the distance from the pithead except any pithead power plant.
Taj Trapezium Notification (1998), provided that no power plant could be set up within the geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution (Prevention and Control) Authority.
Disposal of Fly Ash Notification (1999), the main objective of which is to conserve the topsoil, protect the environment, and prevent the dumping and disposal of fly ash discharged from lignite‐based power plants. The salient feature of this notification is that no person within a radius of 50 km from a coal‐or lignite‐based power plant shall manufacture clay bricks or tiles without mixing at least 25% of ash with soil on a weight‐to‐weight basis. For the thermal power plants the utilization of the fly ash would be as follows:Every coal‐or lignite‐based power plant shall make available ash for at least ten years from the date of publication of the above notification without any payment or any other consideration, for the purpose of manufacturing ash‐based products such as cement, concrete blocks, bricks, panels, or any other material or for construction of roads, embankments, dams, dykes, or for any other construction activity.Every coal‐ or lignite‐based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilization of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan.
Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro‐organisms/Genetically Engineered Organisms or Cell were introduced