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1. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

2. The State of India’s Pollution Control Boards: Who is in the field?

Author:
Bhargav Krishna, Arunesh Karkun, Sharon Mathew, Prannv Dhawan, and Shibani Ghosh
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the third in the series – we focus on the technical capacity of the Boards, specifically the state of technical staff (engineers and scientists) employed by the Boards. The environmental engineers and scientists of an SPCB form the backbone of the institutional structure for pollution regulation. They carry out the fundamental task of the SPCBs, namely the review and grant of approvals under the environmental law regime. They evaluate applications from industries, conduct inspections or inquiries, collect and evaluate air and effluent samples, and issue approvals where applicable. Through their work, they provide the structural underpinnings to the “command and control” approach to pollution management. Several earlier reports have highlighted the significant staff constraints under which SPCBs function, highlighting in particular the high rate of vacancies among technical staff (1–3). In the context of a rapidly industrializing State, and an evolving environmental regulatory regime, there is a need for SPCBs to be appropriately skilled and staffed.
Topic:
Environment, Governance, Regulation, Pollution, and Personnel
Political Geography:
South Asia and India

3. The State of India’s Pollution Control Boards: Who is at the helm?

Author:
Shibani Ghosh, Sharon Mathew, Arunesh Karkun, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic Plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the second in the series – we focus on the Board leadership – the Chairperson and the Member Secretary. They play a crucial role in heading these agencies and ensuring their functioning is in accordance with the statutory mandate. Under the Water Act1 and the Air Act,2 important statutory functions of the Board are delegated to them, and they need to be qualified to perform these functions effectively. The Water Act and the Air Act provide limited guidance on the qualifications of persons who should hold these posts. The issue of who can lead a pollution control board has been discussed in several reports and government correspondence. Specific appointments to leadership positions in different states have been challenged in High Courts over the years. The most comprehensive judicial consideration of the issue was in a 2016 judgment of the National Green Tribunal (NGT).3 Although the final outcome of the NGT’s judgment was overturned by the Supreme Court, the Supreme Court shared the NGT’s anguish at the state of governance of these boards, and significantly, directed states to form rules or guidelines for the recruitment of qualified persons to these two posts.
Topic:
Governance, Regulation, Leadership, and Pollution
Political Geography:
South Asia and India

4. Submission to the Commission on Air Quality Management in NCR and Adjoining Areas (CAQM)

Author:
Shibani Ghosh, Bhargav Krishna, Navroz K. Dubash, Sharon Mathew, and Arunesh Karkun
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The setting up of the Commission for Air Quality Management (CAQM) represents a significant milestone for air quality management in India. The Commission’s ability to perform its functions effectively and facilitate measures that will improve air quality in the NCR and adjoining areas for the long term will likely be impacted by several political, economic, technical, and social factors. In such a scenario, it is essential that the Commission enjoys sustained public trust as being non- partisan as well as a technically sound and socially sensitive body. The CAQM’s mandate is a statutory expression of the fundamental right of Indians to breathe air that is not harmful to their health. Its functioning should therefore reflect an inclusive and participative approach that allows citizens to claim and protect their right and prevent its encroachment when possible. At the Initiative on Climate, Energy and Environment (ICEE) at the Centre for Policy Research (CPR), we have been closely studying the functioning of various environmental regulators, and for the past four years have been working specifically in the area of air quality regulation and governance. Based on our research, we have identified five broad themes for the Commission to consider as it implements its statutory mandate: taking a holistic, long-term regional approach; tracking progress of NCAP implementation; ensuring transparency through proactive disclosure and timely reporting; developing enforcement protocols and grievance redressal mechanisms; and encouraging informed public consultation. We also suggest specific action points as illustrations under each of these themes.
Topic:
Environment, Governance, Regulation, Pollution, and Air Pollution
Political Geography:
South Asia and India

5. Tangled Wires: Preparing India’s Power Sector for the Clean Energy Transition

Author:
Jonathan Kay
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Almost none of the world’s largest polluters have enacted policies compatible with the Paris Agreement’s target of limiting global warming to within 2 degrees Celsius, a threshold past which climate disruption is projected to become even more frequent, severe, and unpredictable. Fortunately, despite the absence of adequate government support, renewable energy has grown at an astonishing pace in recent years thanks to its plummeting cost. India, for example, has more than doubled its stock of wind and solar power in the last five years, driven less by sustainability concerns than by clean energy’s potential for cost-effectively meeting citizens’ pressing development needs. However, the low prices of wind and solar projects disguise the structural costs renewable energy poses for grids when deployed at larger scales. The intermittent, unpredictable nature of the electricity generated by such technologies—in contrast to the stable, on-demand flow of power from traditional fossil fuel generation—requires fundamental changes to how countries invest in and operate their grids. For India, one of the most important steps for coping with the variability of these new sources of energy will be better coordination of the flow of power between the country’s disparate state-run grids. By increasing the volume of energy traded between state utilities, periods of surplus power in one region can compensate for deficits in others, making for a more stable and reliable supply of renewable energy—one that can better displace expensive and polluting fossil fuels. Yet, while such reforms would be difficult under the best of circumstances, they will be particularly challenging given the unique dysfunctions of India’s power sector. With its politically compromised, perennially loss-making electricity distribution companies already struggling to keep the lights on, bolder change appears unlikely. Deeper reforms to India’s power sector are therefore prerequisites to adopting solutions like regional coordination that can ensure the continued growth of renewable energy. The good news is that Prime Minister Narendra Modi’s national popularity and the dominance of his Bharatiya Janata Party (BJP) at the state level offer the country’s leaders an opportunity to reform the power sector where others have failed. But to take advantage of this opening, Modi must go beyond his modus operandi by investing in incremental institutional solutions rather than one-and-done technical fixes and by serving as a coordinator for India’s states rather than legislating by central fiat. Deeper reforms enabling India to maintain its rapid expansion of renewable energy not only would provide clean, low-cost power to its people but also would help the world offset the failings of more laggard countries, perhaps even putting back within reach the Paris Agreement’s more aggressive target of keeping global warming to within 1.5 degrees Celsius. But the hardest part of this ambitious task lies ahead—in ending the vicious cycles that have plagued India’s power sector for decades.
Topic:
Climate Change, Pollution, Fossil Fuels, and Energy
Political Geography:
South Asia and India

6. Fly Ash Management in India: A Critique of existing and proposed frameworks

Author:
Vidya Viswanathan, Kanchi Kohli, and Manju Menon
Publication Date:
08-2021
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
On 22.04.2021, India’s Environment Ministry published a Draft Fly Ash Notification, which was open for public comments for 60 days and sought to replace the earlier notifications with respect to fly ash management since 1999. As a response to the draft, we made a submission to the Ministry on the need to reassess the approach, design and content of the fly ash related regulations. This submission highlighted five main issues that lead to enforcement challenges in regulating fly ash. The Environmental Justice Program at Centre for Policy Research has been studying the issue of fly ash mismanagement and its failures in Chhattisgarh, Gujarat and Odisha. Based on our research on the regulatory gaps in fly ash management and the social and ecological impacts from it, we have put together a report which elaborates on the five main issues identified in the submission made to the Ministry. This report: Discusses the lacunae in the implementation of the existing fly ash management regulations using primary and secondary data. And compares the proposed draft against the backdrop of current status of fly ash management efforts.
Topic:
Environment, Pollution, and Management
Political Geography:
South Asia and India

7. Pursuing a Clean Air Agenda in India During the COVID Crisis

Author:
Santosh Harish and Shibani Ghosh
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Air quality was gradually gaining political salience in India in the last few years, but COVID-19 and the deepening economic recession may now change the speed, and possibly the direction, of progress. The aim of this report is to begin the process, even amidst uncertainties, of understanding the effects of the COVID crisis on the air quality discourse in the country, and on the mitigation efforts already underway. We begin with a brief overview of the air quality improvements observed during the lockdown, and then identify some likely implications of the pandemic on how we frame the air quality problem. In view of state actions and public response during the COVID crisis, how should we, if at all, adapt our current framing of air pollution as a public health crisis? In the next section, we discuss broad financial, regulatory and institutional implications: in particular, the need to engage with the available funding channels to initiate and sustain measures to improve air quality amid significant fiscal constraints. There is a worrying erosion of environmental safeguards, which may – in part – be justified as a prerequisite to restarting the economy, and facilitating “ease of doing business”. Given that air quality management in India needs a multi-pronged approach across disparate sources, we then reflect on how the disruptions affect each of the major sources, and the resultant opportunities and challenges.
Topic:
Environment, Governance, Pollution, Public Health, and COVID-19
Political Geography:
South Asia and India

8. Sustainability and Ancient Wisdom

Author:
Gauri Shankar Gupta
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
India International Centre (IIC)
Abstract:
The existence of life is closely intertwined with nature. Nature provides the support system for the survival of different species of life that exist on planet earth. As evident from historical records, for thousands of years, humanity lived in a harmonious relationship with nature. The Industrial Revolution marked a major turning point in the earth’s ecology and humans’ relationship with their environment. Particularly, since the 1950s, with the combination of capitalism, consumerism and contamination, a serious conflict has arisen between man and nature. Extraction of minerals at an unprecedented rate, degradation of soil, manifold increase in water usage, massive contamination of water bodies, increasing air pollution and nonbiodegradable waste, deforestation and loss of biodiversity are posing new threats to the very existence of humanity. In this context, the article examines the wisdom of our ancestors for restoration of harmony between man and nature so that the survival of our progeny is not endangered.
Topic:
Environment, History, Pollution, Sustainability, Nature, Ecology, and Industrial Revolution
Political Geography:
South Asia and India

9. Closing the Enforcement Gap: A community led groundtruthing of the expansion of a National Highway Project in Uttara Kannada

Author:
Centre for Policy Research
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Linear projects like highways have the potential to change existing land use of large areas. These changes are not limited only to the stretches made for transportation of vehicles. The effects of construction are also visible on landscapes on both sides of highways. This study presents the findings of a two-year long groundtruthing study carried out between June 2016 and August 2018 along 187 kilometres of National Highway 66. The study is a collaborative effort of the Centre for Policy Research-Namati Environmental Justice Programme and communities from towns and villages situated between Karwar and Kundapur, especially the 27 Panchayats, in the district of Uttara Kannada in Karnataka. The study presents evidence of non-compliance of environmental safeguards resulting in social, economic and health impacts on the local communities in the project areas. It also highlights several aspects that were not taken into account in the project’s impact assessments. The study includes a broad assessment of the project’s scale of direct impacts. During the course of the study, the following types of non-compliance were identified: Permissions for blasting, groundwater and river water withdrawal were not taken; Dumping soil on wetlands and creeks caused flooding and salt water intrusion; The construction caused soil erosion and landslides along embankments; Non-submission of six-monthly compliance reports by the project proponent; Non-compliance of other laws and compensation agreements; The report includes a case study of a stone crusher unit operating in Bogribail village and causing water and dust pollution.
Topic:
Development, Environment, Infrastructure, Law, Social Policy, and Pollution
Political Geography:
South Asia, India, and Asia

10. Ethnography of Sanitation in Small Towns: A Study of Angul and Dhenkanal, Odisha

Author:
Ranjita Mohanty and Anju Dwivedi
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
In the current sanitation policy discourse, cultural norms of purity and pollution are considered as major obstacles to toilet behaviour leading emphasis on behavioural change to orient people to use toilets. This study conducted in 21 slums in Angul and Dhenkanal, two small towns in Odisha, explores the sociocultural norms, behaviour and practices that influence sanitation in small towns. The study shows that culture doesn’t operate in isolation. Cultural interacts with multiple factors such as physical space in urban areas, resources people have to invest in toilet, essential infrastructure such as water, and cost effective technology that people can access. Culture influences these aspects of sanitation as well as gets influenced by them. The study highlights that people adapt in various degrees to their physical environment, thus compromising on cultural norms and beliefs but there are certain non-negotiable norms that are not compromised. This calls for decoding the cultural determinants of sanitation. The study suggest that for effective governance of sanitation, policies need to take the above mentioned factors into consideration, and create scope for understanding how culture works in a particular context and influences sanitation behaviour, choices, and practices of the poor. The study was conducted by the Centre for Policy Research, New Delhi, under the Scaling City Institutions for India (SCI-FI) Project on Urban Sanitation, supported by the Bill and Melinda Gates Foundation.
Topic:
Social Policy, Ethnography, Urban, Sanitation, and Pollution
Political Geography:
South Asia, India, and Asia