Environmental management has been a key prerogative in India, both by way of deferment to international treaties and agreements, as well as from a well-established tradition of respect for the fundamental elements such as water, soil, air and other natural resources. However, with increasing urbanization and the need to extract more wealth out of existing resources for a large population, certain development practices have left a significant (if not irreversible) trail of damage to natural resources – notably water resources. Industrial development, seen as a key driver of growth has been one of the leading contributors to the degradation of water, soil and air quality. In most countries, development of manufacturing-based industry is held as synonymous with an urgent need to identify and mitigate potential degradation of natural resources. Much of the degradation is focused on fluid effluents emanating from the industrial processes – which may need containment, or treatment prior to discharge to nature.
Similar problems have been faced across the world; yet many countries have taken cognizance of the problems and have taken proactive steps to arrest the problem. The United States, Europe and the United Kingdom employ a number of practices that have mitigated the damage and ill-effects of industrial activities on the environment. Although the Indian systems of governance has adapted a number of systems on its own, notably with respect to pollution control, many of the results achieved in other countries have not been replicated with the same effectiveness, and many more such actions can be further adapted. The purpose of this publication is to illustrate some of these practices followed in many countries and make a prima facie assessment of whether they can be adapted to the Indian context.
India employs a federal system with respect to environmental protection. Yet, minor variances with respect to the nature of operations contributes significantly to how similar initiatives taken in different countries fare. A more marked difference that is often seen is the nature and degree of engagement between the Government and the industry. Classically, industrial units in India tend to see Government bodies in ‘policing’ capacities, generally engaged in enforcing compliances. In the United States, the Environment Protection Agency has both ‘policing’ or ‘compliance enforcement’ powers, as well as a mandate to engage in ‘collaborative’ activities, which allows several voluntary compliance activities to be taken up directly by industrial entities that reduce impacts on water resources and air. Also – while the United States and Europe have a dedicated agency for environmental protection, India has only control boards for pollution – which, by definition, is a ‘control’ or ‘punitive’ protocol and not an ‘enabling’ one.
Within the European Union, similar protocols – both punitive as well as enabling – are enforceable as interGovernmental covenants to be adopted in the local laws of each member country. The federal structure in India has a similar arrangement – wherein the subject of environmental protection features in the ‘concurrent’ list of the Constitution, empowering both the federal as well as provincial Government to legislate about environmental protection.
However, federal legislation and protocols take precedence in case of a conflict.
However, while entities in India are not precluded from taking up a wider range of actions or protocols, not at least by way of law, structural issues – notably institutional structures and complexities have prevented these entities from engaging productively in managing wastewater management. A lot of the products and services issued by the EPA, for instance, are meant for the research and academic community involved in environmental protection.
The issue is further exacerbated by the nature of industrial entrepreneurs. By several estimates since those listed by the National Commission on Enterprises in the Unorganized Sector (NCEUS), a large percentage of commercial establishments – including industrial ones lie in the informal or semi-formal sector, which usually find fullscale compliance costs disproportionately high compared to the cost of production. This is meant to be countered through the actions of State owned Industrial Development Corporations – whose mandate(s) could be interpreted as being enabling measures for reducing compliance costs for environmental protection. However, capacities of many of these entities are limited and have largely been restricted to providing serviced land and basic infrastructure – and not supporting sustainability measures to be taken through industrial development.
Background and purpose of the practice/ intervention
The European Union, although comprised of several separate sovereign entities, works as a unified entity with respect to certain common laws, established by treaty. These may be in the form of:
• binding legal instruments (regulations, directives and decisions)
• non-binding instruments (resolutions, opinions)
• other instruments (EU institutions’ internal regulations, EU action programmes, etc.)
What the practice/ intervention
EUR-Lex is essentially a portal that allows perusal of laws, rules, regulations, byelaws, case laws, and a host of other statutory documents that need being referred to by any person or business that may be interested to operate inside any of the EU member States, or by the research community, or even the public at large. An interactive version allows a user to follow the life cycle of a legislative proposal from the moment it is launched until the final law is adopted. A timeline gives a visual representation of the procedure. All interventions by the institutions and bodies involved in the decision-making process are represented. From the timeline, one can access detailed information about each institution’s decisions and how they were taken; the services and departments involved; the legal basis of the act, etc. It also carries a section on EU jurisprudence that allows access to case laws from different countries.
Who does the practice/ intervention apply to
Any party in understanding the laws and regulations concerning industrial protection within the European Union.
Where is the practice/ intervention meant to be applied (location)
All member countries of the European Union; can be referred to by the public at large (https://eur-lex.europa.eu/homepage. html)
Under what circumstances in the practice/ intervention meant to be used
Federal procurement within the US now necessarily insists on products and services with eco-labeling, thereby according a preferential treatment to such products and/or services that are eco-labelled.
How does the intervention work
EUR-Lex provides free access, in the 24 official EU languages, to:
• the authentic Official Journal of the European Union
• EU law (EU treaties, directives, regulations, decisions, consolidated legislation, etc.)
• preparatory documents (legislative proposals, reports, green and white papers, etc.)
• EU case-law (judgments, orders, etc.)
• international agreements
• European Free Trade Association documents
• summaries of EU legislation, which put legal acts into a policy context, explained in plain language It also allows perusal of procedures leading to the adoption of legal acts.
Why is this a best practice?
Increasing complexities in environmental law requires careful scrutiny and examination of any and all known processes. The EUR-Lex is a single stop knowledge resource for conduct of such research and due-diligence, as well as being able to simplify the process of law to the uninitiated or layperson. A resource such as EUR-Lex can also find application in ‘demystifying’ environmental law compliance and potentially reducing infructuous litigation or helping communities, authorities and other stakeholders make informed demands from their stakeholders.
Relevance for India
At some point of time, platforms such as All India Reporter and now IndiaKanoon offer(ed) services analogous to EUR-Lex; but they (1) work on paid subscription, (2) cover general law and not environmental law, and (3) do not cover simplification of the processes of environmental compliance. Besides, these portals are generally designed with the legal fraternity in mind, and not researchers, or general public in mind. There is a need for a platform that makes information that is duly authenticated by a competent authority and can be referred to by multiple stakeholders.
Background and purpose of the practice/ intervention
Scarcity of water is widely recognised as a problem in several areas of the United States, as is the potential of reclamation of water from non-conventional sources. However, in addition to quality standards, there is also a need to understand the economics and intricacies of how wastewater can be used for specific purposes of human consumption, habitation and associated economic, social and cultural activities. The States and other authorities have already included statutes governing (as well as mandating) the recycling and re-use of water, this intervention by US EPA attempts to harmonise such practices and provide certain benchmarks that need to be adhered to by local authorities.
What the practice/ intervention
EPA has developed comprehensive, up-to-date water reuse guidelines in support of regulations and guidelines developed by states, tribes, and other authorities. EPA has committed to work with communities to incorporate the approach of integrated water management, where nonconventional water sources are incorporated as part of holistic water management planning. The primary purpose of these guidelines is to facilitate further development of water reuse by serving as an authoritative reference on water reuse practices.
Who does the practice/ intervention apply to
The EPA guidelines can assist in developing reuse programs and appropriate regulations. They are meant to be used by engineers and others involved in the evaluation, planning, design, operation, or management of water reclamation and reuse facilities. These guidelines serve as a national overview of the status of reuse regulations and clarify some of the variations in the regulatory frameworks that support reuse in different states and regions of the United States. The guidelines apply to State Administrations, Water utilities, local Governments and administrations including counties, tribal reserve Councils and such other authorities that may govern the use of water resources for purposes of human
Where is the practice/ intervention meant to be applied (location)
No specific locational aspect; any local authority engaging in forming statutes governing or mandating the re-use of water or engaging in any kind of wastewater reclamation and re-use project anywhere within the United States may utilise these guidelines.
Under what circumstances in the practice/ intervention meant to be used
In forming statutes governing or mandating the re-use of water, these guidelines need being taken into consideration. Although these guidelines do not enjoy any statutory compliance requirements, entities engaging in preparation of such statutes may use these guidelines as a reference.
How does the intervention work
The guidelines inform and supplement State regulations and guidelines by providing technical information and outlining key implementation considerations; it provides a wide variety of treatment technologies that are available to achieve any desired level of water quality (fit for specific groups of purposes), apart from detailed guidelines for engineers as well as planners for implementation in projects related to wastewater reclamation and
Why is this a best practice?
These guidelines allow public authorities to rapidly draw up statutes without the need for developing them from scratch or evolving technical standards of their own – especially if such local authorities are not adequately capacitated to develop and/ or administer such statutes themselves. This also allows local administrations to hold service providers engaged in providing water reclamation and re-use services accountable to performance and operational standards in case of concession agreements.
Relevance for India
Several centrally sponsored schemes have insisted on similar statutes (viz. JNNURM) being formed by local Governments; in certain cases, power generation plants have been mandated to use partially treated/ untreated wastewater from sewage treatment plants for turbines (where feasible in terms of distance of conveyance). State Industrial Development Corporations have also attempted to come up with such guidelines/ statutes that allow for lower water consumption within their estates. However, because there is no standardised or recognised set of guidelines, most efforts of water reclamation and re-use have been ad-hoc at best. A document of this nature will help foster a wide variety of service provision agreements/ concessions to be structured to common standards and help reduce overall water footprint, apart
Background and purpose of the practice/ intervention
Countries within the EU are obligated to ensure that water sources that span more than one country remain free from pollutants, and that no country treats water in any way that makes it unusable for any other country. Therefore, as part of the EU, a Water Convention has been established to monitor the quality of all common water sources within the continent. The monitoring responsibilities are delegated to the member Nations of the EU.
What the practice/ intervention
The Comprehensive Study on Riverine Inputs and Direct Discharges (RID) aims to assess all inputs and discharges of selected contaminants that are carried via rivers into tidal waters or are discharged directly into the sea (for example through sewage pipelines or activities like aquaculture inputting substances directly). The RID Study currently focuses on mandatory monitoring and reporting of the concentrations and loads of the metals, cadmium, copper, lead, mercury and zinc, the organic pollutant lindane, nitrogen and phosphorus species and suspended particulate matter. Monitoring of Polycyclic aromatic hydrocarbons (PAHs), mineral oil, polychlorinated biphenyls (PCBs) and other hazardous substances, especially organohalogens, are recommended for voluntary monitoring.
Who does the practice/ intervention apply to
All member countries of the European Union for all transboundary rivers or any such rivers discharging to transboundary rivers.
Where is the practice/ intervention meant to be applied (location)
Member Nations of the EU are required to report annually on quality of water and the discharge of pollutants into the same to ensure compliance as regards transboundary obligations regarding water quality. The Convention sets forth requirements and standards for monitoring
Under what circumstances in the practice/ intervention meant to be used
This is a suo-motu, continuous monitoring system that is meant to report on water quality to the Convention on Water within the EU on an annual basis. The Convention itself released an annualized comprehensive study on the subject, based on verified inputs from the member Nations.
How does the intervention work
The initiative works through an extensive set of monitoring systems comprising of
• Station Network
• High sampling frequency
• Sampling methodology covering a wide range of conditions
• Quantification of river flow
• Method of calculation of pollutant load
The system provides a ‘map’ with water quality in rivers and allows for correlation with potentially polluting industries or other human settlements in its catchment. The system also allows for ruling out of natural phenomena that may affect water quality naturally.
Why is this a best practice?
This system allows for river water quality to be correlated with the nature and extent of developments within its catchment and for ‘tracing’ the source of pollution through other components of the NPDES. This should also allow for proactive ‘modelling’ of what a new element added into the development catchment could do to the rover quality based on correlation models developed from legacy data.
Relevance for India
India’s States are largely like that of the EU, with water and water resources largely being State subjects. The CPCB and the Environmental Pollution Control Authority can set out standards in the same manner as the Convention within the EU, while State Pollution Control Boards can monitor water on a regular basis. However, the levels of compliance and control exercised in India are not as strong as what would be seen in the case of EU; with river catchments being treated differently across different States.
Background and purpose of the practice/ intervention
Across member Countries within the EU, a large number of entrepreneurs constantly keep developing new technologies that claim to accurately monitor or mitigate the ill effects of pollutants or other sources. Keeping in view the fact that these technologies and solutions have a pan-Europe market, there is a need to establish a verification and certification mechanism that allow for products certified in one Nation to be sold in the others.
What the practice/ intervention
The European Technology Verification is a protocol that allows certification of new technologies from across the member Nations of Europe to be tested and certified for use. The aim of ETV is to provide reliable information on the performance of new eco-technologies, to make market penetration and market awareness of the product easier. By enhancing the quality and reliability of information on the performance of new environmental technologies arriving on the market, ETV should increasingly contribute to the deployment of eco-efficient innovation, generating further investment in environmentrelated technologies and industries within the EU and enhancing competitive advantage.
Who does the practice/ intervention apply to
All businesses within member nations of the EU, and such testing and certification bodies that agree to follow the protocols of the EU as regards testing, certification and disclosure of information; to all such manufacturers and providers of products and/or solutions that have applications in environmental control and is meant to be available within the common European market.
Where is the practice/ intervention meant to be applied (location)
All member nations within the EU, including all member countries within the European Economic Area.
Under what circumstances in the practice/ intervention meant to be used
The protocol is applicable when products and solutions meant for use in environmental controls – such as mitigation of pollution, monitoring, making streamlined and efficient production processes – need to be released to the market, and are expected to access all of the European market in line with the trading principles of EU
How does the intervention work
ETV works through a network of institutions agreeing to share similar protocols for testing & certification, that allow a product to be certified for use under different circumstances that are largely agreed to by all member EU countries. ETV Statements of Verification are registered and published on a public website, allowing stakeholders to check references relating to ETV verifications and to access a reliable source of comparable data on environmental technologies. Verifying the performance of a technology under ETV is just one step in a process leading from research and development to market penetration and diffusion. It is therefore essential that ETV is undertaken at the right moment in this process.
Why is this a best practice?
ETV would verify, through qualified third-parties and transparent procedures, that performance claims are based on complete, fair and reliable test data. This would benefit all parties:
• The technology developer can show reliable data proving the value of the innovative technology,
• Technology buyers and investors have reliable information on which to base their purchasing decisions and to better manage technological risk,
• Other stakeholders, public policy-makers or regulators have clear indications of the performance achievable by new technologies.
Relevance for India
This role is very similar to what the Bureau of Indian Standards plays in India, just that its input standards are not entirely synchronised with emission and effluent standards set forth by the CPCB. There is a need to make certain equipment, package units and processes compliant with the emission and effluent standards of the CPCB by having the inputs certified by BIS.
Background and purpose of the practice/ intervention
Selecting the Right Level of Public Participation discusses the different forms that public participation might take depending on the potential for public influence on a decision by informing the public by providing information to help them understand the issues, options, and solutions. Conducting meaningful public participation involves seeking public input at the specific points in the decision process and on the specific issues where such input has a real potential to help shape the decision or action.
What the practice/ intervention
It is an informal network of national environmental agencies in Europe at management level. At present, authorities from 32 countries and regions and the European Environment Agency are part of the EPA network. The European Commission participates as a regular guest and the European Parliament as an occasional guest. It comprises of various interest and support groups such as:
• Better regulation
• Climate change – and adaptation
• Green and circular economy (lead by the UBA and the Finnish Environment Agency – SYKE)
• Noise abatement (lead by the UBA and the Swiss Environmental Agency – FOEN)
• Plastic in the environment (lead by the UBA)
• Citizen Science The purpose of this group is to collaborate and collate knowledge amongst each other and collectively
Who does the practice/ intervention apply to
Environment Protection Agencies within all member countries within the European Union
Where is the practice/ intervention meant to be applied (location)
All member countries within the European Union
Under what circumstances in the practice/ intervention meant to be used
Although a voluntary and informal network, the EPA network has a wide range of collaborative resources and protocols for seeking and sharing knowledge from member agencies. The EPA deliberates periodically, apart from using a wide range of collaborative tools, documentation, best practices and such other matters.
How does the intervention work
The EPA network collaborates both online as well as offline. Online, it has a series of common tools such as libraries, databases or such other collaborative tools where member agencies are encouraged (and possibly informally obligated) to share information regarding practises, protocols, specifications that could be used by other member agencies to align their tools with. In addition, the members regularly engage in
• Regular, personal contact management at management level;
• Reinforcement of technical / technical assistance to the European Commission;
• Strengthening the exchange of information and experience;
• Identification of common problems and possible development of common solutions;
• Forming alliances and working out joint positions with the European Commission;
• Improving the exchange of information and the provision of data on the state of the environment;
• Checking the environmental behavior of your own facility.
Why is this a best practice?
Given a certain degree of homogeneity within the EU, member nations have certain analogous standards which require being in line with what member States are using. The European EPA Network allows this homogeneity to be maintained by ensuring that standards and protocols developed in each member State is not significantly different, and the spirit of economic cooperation between EU member States is maintained.
Relevance for India
States in India have a similar need for collaboration as the member States in the EU, possible more so since agencies such as the State Pollution Control Boards are in fact, governed by the same law. However, there is usually a wide range of situations that may vary between what one State PCB may encounter versus another – as may certain capabilities, resources etc. A collaborative network allows for State PCBs and Central PCB to work in the same collaborative manner. This method can also be extended to wider audiences such as other SAARC member States.
The “Profile of the German Water Sector 2015” provides a comprehensive and up to date picture of water supply and wastewater disposal services in Germany.
