Fostering Sustainable Development: Salient Features Of the Environment Protection Third Amendment Rules, 2023
Introduction
In
India, environmental conservation is essential to ensuring sustainable
development and preserving the health of the country's enormous population.
Rapid urbanisation and industrialisation have exacerbated pollution and
degraded natural resources, endangering ecosystems and biodiversity. India
passed the Environmental (Protection) Rules[1] in 1986, marking a
significant turning point for the nation's sustainable growth and preservation
of the environment. These regulations sought to reduce the effects of humans on
the environment and the preservation of natural resources. The
Environmental (Protection) Rules are a comprehensive set of rules, guidelines,
and standards that tackle various environmental issues. Controlling pollution
in the air and water, managing trash, protecting environmentally sensitive
places, conserving biodiversity, and regulating dangerous compounds are a few
of these. As
environmental issues are arising exponentially, it is imperative to update the
environmental rules to address the issues. India can significantly tackle
global environmental concerns while guaranteeing sustainable development and a
higher quality of life for its population by consistently enhancing and
successfully executing the Environmental (Protection) Rules.
Background of the Act
Article
253 of the Indian Constitution[2], paving the way for the
adoption of environmental laws to implement international accords, brought the
Environment (Protection) Act, 1986 into effect. This Act covers all legislation
and criminal provisions related to industrial activities that have the
potential to negatively impact the environment, which gives it an expansive
scope. These regulations aimed to restrict hazardous operations, set standards,
and conduct an environmental effect assessment. Environmental Impact
Assessments, or EIAs, made it required for some development projects to go
through a thorough evaluation to see what potential environmental consequences
they could have.[3]
The use of dangerous germs, hazardous compounds, and harmful industrial
pollutants are among the destructive actions that are forbidden by the
regulations.
About
the Rules
The
most recent modification, known as the Environment (Protection) Third Amendment
Rules, 2023, is under The Environment (Protection) Amendment Rules, 1986 by the
Ministry of Environment, Forests, and Climate Change (MoEFCC) and relates to
the particulate matter emission standard for industrial boilers. The
government's amendment, Calcined Petroleum Coke referred to
as CPC units hereafter, intends to reduce environmental pollution and encourage
sustainable practices inside CPC units. The essential raw element utilised in
the manufacturing of aluminium is CPC. The production of trash, air pollution,
energy consumption, greenhouse gas emissions, and many other negative
environmental repercussions are all possible consequences of the CPC. Many
variables, like as technology, manufacturing methods, and the degree of
pollution control measures used, might have an impact on the environmental
impact of CPC production. This rule, which will go into effect in 2025, has set
the emission concentration for CPC units in order to manage pollutants that are
measured in milligrammes per normal cubic metre (mg/Nm3).[4] The process of producing
calcined petroleum coke often entails high temperatures and the potential for
different emissions to be released into the environment, this will have a very
good effect on the environment. Pollutants and greenhouse gases may be examples
of this. Businesses that produce CPC frequently take steps to reduce their
negative environmental effects. The Environmental (Protection) Act previously
established the particulate matter emission limit in four categories depending
on steam generation for small boilers under serial number 70 in Schedule-l,-(a).
Following the revision, the number of categories was lowered to three, and
changes were made to the particle emission requirements.[5] The updated limitations
are given according to the kind of industrial boiler (fuel type).
Judicial Precedents
Article
21[6] provides the right to
enjoy a clean environment. Courts have approached stringent and precarious
approaches while dealing with environmental cases as it affect the public at
large and emphasised on conserving the environment. Judicial precedents are
dealing with the CPC. Following are the discussed below:
a)
Union of India v. Paryavaran Suraksha
Samiti[7], 2017
The
case dealt with the environmental effects of calcined petroleum coke (CPC) and
its usage as an industrial fuel, this case was historic for CPC. The National
Green Tribunal established directives governing the import, handling, and use
of CPC to reduce pollution to the environment.
b)
b. MC Mehta v. UOI[8],
1986
It
is a landmark case dealing with environmental law which played an instrumental
role in the enactment of the Environment (Protection) Act, 1986. The case dealt
with the Oleum gas leak from a chemical plant in Delhi, highlighting the need
for stricter environmental regulations.
Limitations
a.
Contamination of Water and Soil:
Notwithstanding the government's introduction of rules to address concerns
about the quality of water and soil, long-term contamination risks remain.
Improper disposal methods or runoff from CPC storage locations may bring additional
pollutants into water bodies, hence impacting soil quality and aquatic
ecosystems.
b.
Occupational Health hazards:
Notwithstanding the regulatory protections in place, workers engaged in the
manufacturing, handling, or transportation of CPC may nonetheless be exposed to
occupational health hazards. Therefore, it must be investigated since
maintaining worker safety and health is a constant problem that necessitates
close attention to safety procedures.
c.
Regulatory Compliance Costs:
Industries may incur higher expenses as a result of adhering to strict
environmental rules. Although these expenses are required for environmental
preservation, they may also provide difficulties for companies in terms of
their capacity to remain profitable and competitive.
The
need of the hour lies in hefty investment in research and innovation in
propounding a sustainable method to balance the requirement of the CPC with the
environmental protection. A balance between industrial demands and environmental
preservation necessitates continual assessment, as well as enhancements to
industry practices and regulatory frameworks.
Conclusion
Protecting the Indian environment and advancing sustainable development are two goals that the Environment Protection Amendment Act of 2023 aims to achieve. The government has exhibited its dedication to mitigating environmental issues while maintaining industrial demands by enacting strict emission regulations for the calcined petroleum coke (CPC) sector. This amendment not only attempts to reduce greenhouse gas emissions and air pollution, but it also establishes a standard for other companies to follow in terms of adopting greener and more ecologically friendly methods. The guidelines will improve air quality, mitigate the effects of climate change, and improve the general quality of life for our nation's residents by lowering the harmful emissions from CPC units. Furthermore, in order to guarantee that the desired advantages are realised, these policies must be implemented and enforced effectively. To achieve this, it is necessary to improve openness, fortify monitoring systems, and promote cooperation between businesses, civil society organisations, and regulatory agencies.
Author:–Eshita Gupta, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
[1] The
Environmental (Protection) Rules, 1986.
[2] The Indian Constitution,1950 Article
253.
[3] Mouter N, “Standard Transport
Appraisal Methods,” Advances in transport policy and planning (2021)
https://www.sciencedirect.com/topics/social-sciences/environmental-impact-assessment.
[4] “Environment (Protection) Third
Amendment Rules, 2023 - India Environment Portal | News, Reports, Documents,
Blogs, Data, Analysis on Environment & Development | India, South Asia”
http://www.indiaenvironmentportal.org.in/content/475172/environment-protection-third-amendment-rules-2023/#:~:text=These%20rules%20were%20notified%20on,Petroleum%20Coke%20(CPC)%20units.
[5] Ibid.
[6]
Indian Constituion Article 14.
[7] Paryavaran
Suraksha Samiti v. Union of India, MANU/SC/0222/20177.
[8] M.C.
Mehta v. Union of India, MANU/SC/0291/1986.
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