Environment, Pollution, and Waste Management

Environmental Laws

Depending on an entity’s business, they must comply with various laws relating to the environment. Broadly, we have categorized the generally applicable environmental laws into laws for manufacturing and laws for non-manufacturing entities in India.

Manufacturing Businesses

• Incentive to remission
• Export promotion through collaboration - exporters, states, districts, Indian missions
• Ease of doing business, reduction in transaction cost, and e-initiative
• Emerging Areas – e-commerce developing districts as export hubs and streamlining SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) policy

As a whole, FTP 2023 aims to strengthen India’s position in exports by manifesting automation in approvals, collaboration with multiple authorities, creating a welcoming environment for MSMEs and other businesses, and establishing India as a global leader in the export industry.

Non-Manufacturing

• E-Waste (Management) Rules, 2022: The government has taken a number of steps to formalize the e-waste recycling sector of the country. The E-Waste (Management) Rules, 2016 provide for compulsory authorization of the dismantling and recycling units from the concerned State Pollution Control Boards (SPCBs)/Pollution Control Committees (PCCs). The Central Pollution Control Board (CPCB) has issued guidelines/standard operating procedures for processing of e-waste. The CPCB and SPCBs have been monitoring the units and necessary steps have been taken to mainstream and modernize the recycling industry with the help of the Ministry of Electronics and Information Technology (MEITy).³⁷
  
  The Ministry has notified the E-Waste (Management) Rules, 2022 on 2 November 2022. These Rules will replace the E-waste (Management) Rules, 2016 and will be effective from 1 April 2023. These Rules will launch a new Extended Producer Responsibility (EPR) regime for e-waste recycling. The salient feature of the new Rules are mentioned below:
  • Applicable to every manufacturer, producer, refurbisher, dismantler, and recycler.
  • All manufacturers, producers, refurbishers, and recyclers are required to register on the portal developed by the CPCB.
  • Only manufacturers, producers, refurbishers, and recyclers require registration.No entity shall carry out any business without registration or deal with any unregistered entity.
  • Producers of notified Electrical and Electronic Equipment (EEE) have been given annual E-Waste Recycling targets based on the generation from the previously sold EEE or based on sales of EEE as the case may be.
  • Management of solar PV modules/panels/cells have been added in the new Rules.
  • The quantity recycled will be computed on the basis of end products so as to avoid any false claims.
  • Provisions for the generation and transaction of EPR Certificates has been introduced.
  • Provisions for environment compensation, verification, and audit have been introduced.
    
    Under the E-Waste Management Rules, provision for reduction of hazardous substances in manufacturing of EEE has been provided. It mandates that every producer of EEE and their components shall ensure that their products do not contain lead, mercury, and other hazardous substances beyond the maximum prescribed concentration.
• The Prohibition of Smoking in Public Places Rules, 2008: As per these rules, the owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall ensure that no person smokes in a public place (under his jurisdiction/implied). Accordingly, there have to be designated no-smoking zones.

Others

The National Green Tribunal Act, 2010: This Act provides for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection. It also covers the conservation of forests and other natural resources including enforcement of any legal rights relating to environment including giving relief and compensation for damages to persons and property and matters connected with the same.

• 37. Press Release: Management of E-waste dated 14 March 2022, Press Information Bureau, https://pib.gov.in/PressReleseDetail.aspx?PRID=1805794, accessed 17 Jul 2023