STATE POLLUTION CONTROL BOARDS
1. Context
In the fight against air pollution in the Indo-Gangetic Plain, there are several important protagonists, none more so than India's frontline environment regulators, the State Pollution Control Boards (SPCBs), and the pollution control Committees (PCCs) in the Union Territories.
2. Introduction
Their primary role is to regulate emissions from point sources such as industries and power plants that contribute substantially to ambient air pollution in Urban and rural areas. More recently, they have also been tasked with guiding cities in meeting targets under the National Clean Air Programme and spending Finance Commission grants for air quality improvements. In short, there is no future with clean air in which the SPCBs do not perform at the highest level possible.
3. State Pollution Control Boards
The SPCBs were initially constituted under the Water (Prevention and Control of Pollution) Act, of 1974.
Under the Air (Prevention and Control of Pollution) Act, of 1981, the SPCB mandate was expanded to include air quality management.
Subsequently, several new environmental regulations were added to their roles and functions. Unfortunately, this enhanced mandate has not been matched with increased capacity and capability in the Boards.
4. Composition and selection of members
The members of the State Pollution Control Boards are nominated by respective state governments.
Apart from the above-said acts, the Board is also enforcing the following Rule and Notifications framed under Environment (Protection) Act, 1986:
1. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
2. Environmental Impact Assessment Notification, 2006.
3. Bio-Medical Waste Management Rules, 2016.
4. Plastic Waste Management Rules, 2016.
5. The Noise Pollution (Regulation & Control) Rules, 2000.
6. Construction & Demolition Waste Management Rules, 2016.
7. The Public Liability Insurance Act, 1991.
8. Fly Ash Notification, 1999 and 2008.
5. Issues faced by SPCBs
5.1 Shortage of staff
- As an illustration, the Haryana State Pollution Control Board has been operating with a 70 percent staff shortage.
- What this means practically is that a single officer is tasked to handle the demands of pollution control for an entire district without any subordinate technical staff.
- This comes at the cost of not being able to do inspections and other core pollution control work.
5.2 Lack of specialization
- The officers at the SPCBs do not get to develop any specialization.
- The CPCB has a decent workforce and robust laboratories, where scientists once reunite get to work, and excel in a particular area.
- On the other hand, SPCBs don't have such a stratified system, and the same officer is in charge of all these pollution categories, making it impossible to gain expertise and excel in any one area.
5.3 Lack of legal skills to take on polluters
- SPCBs lack the necessary legal skills to take on polluters.
- While a legal cell may exist at the head office of an SPCB, they have few full-time public prosecutors there.
- As a result, engineering graduates in district SPCB offices- have to play the role of lawyers and develop legal paperwork that often falls short of holding polluters to account.
- Clerks and superintendents at courts often refuse to file cases, pointing at flaws that someone not trained in law would naturally make.
5.4 Lack of funds
- SPCBs are chronically underfunded.
- For instance, the funds of several SPCBs such as Haryana's largely come from "No Objection Certificates" and "Consent to operate" that the boards grant to industries and projects, rather than budgetary allocations by the government.
- Owing to this, SPCB officials are unable to spend on critical functions
5.5 Additional Duties
- SPCB officials are at times given additional responsibilities that are unrelated to pollution control, Air (Prevention and Control of Pollution) Act, of 1981,
- Haryana's SPCB, for instance, has poultry farms under its ambit.
For Prelims & Mains
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For Prelims: State Pollution Control Boards (SPCBs), pollution control Committees (PCCs), Water (Prevention and Control of Pollution) Act, of 1974, Air (Prevention and Control of Pollution) Act, of 1981.
For Mains: 1. Dealing with the crisis of air pollution needs coordination at various levels and the state pollution Control Boards play an important role in it. In light of this, examine the challenges and suggest the steps needed to empower them.
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Source: The Hindu
