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“If anyone intentionally spoils the water of another, let him not only pay damages, but purify the stream or cistern which contains the water.”

– Plato

Note4Students

Environment has always been a favorite topic of UPSC. The NGT order said any person found dumping debris on the river bank at the Geeta Colony site or any other site will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris. With this Landmark decision The way we look at environmental challenges have been changed.

Introduction

The polluter pays principle is deeply rooted in legal systems but it came to be explicitly discussed in relation to environmental harms by the Organisation of Economic Cooperation and Development in the 1970s and 80s. Finally, in 1992, it was adopted by the international community in Principle 16 of the Rio Declaration. In India, the courts have been at the forefront of making the principle work – they have repeatedly imposed costs and fines to try and ensure that polluters do not escape the responsibility of paying compensation and cleaning up.

Philosophy behind polluter pays pinciple

1. The basic idea behind it is sustainable development
2. Greenhouse gas emission cause potential harm and damage through impact on climate
3. Slow recognition of link between greenhouse gases and climate change by society
4. Atmosphere is Global Common, emitters are not held responsible for controlling pollution
5. Promotes economic efficiency, social justice, harmonization of environmental policies
6. Remediation is part of process of sustainable development, polluters are liable to pay not only the cost the sufferers but also the cost of reversing the damaged ecology

Indian experience

• 1. MC Mehta Oleum Gas Leak case: The Supreme Court laid down the rule of absolute liability which essentially states that a person would be wholly responsible for any mishap caused by their “hazardous or inherently dangerous” enterprise, which in this case was a chlorine plant. The apex court noted that the polluter’s liability would depend on their ability to pay – thus using the principle to both clean up the environmental damage and to punish the polluter.
  2. Bichhri Case: the Court noted that the polluter would need to pay for cleaning up the damage as well as compensate those harmed by the pollution.
  3. Vellore Citizens case, the Court highlighted that the polluter pays principle was implied in the Constitutional provisions protecting the environment as well as in the various Acts concerning the environment.
  4. In the National Green Tribunal Act 2010, it was stated that the NGT would decide cases based on the polluter pays principle.
  5. The NGT have rule that any person found dumping debris in the Yamuna River will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris.

Challenges

• 1. Environmental pollution is not always easy to narrow down to a single source which can be strictly punished. Thus, identifying a perpetrator is both difficult and in some cases, technically not feasible.
  2. There is no clarity on how exactly the damages should be calculated. This means that a polluter may be asked to pay for the actual costs of clean-up, the damage caused to the victims of environmental damage, a fine or a penalty based on their ability to pay, a general levy aimed at a clean-up of the problem as a whole, or all of the above.
  3. Deciding the compensation and identifying the affected are very difficult tasks.
  4. Polluter may not be able to pay high compensations due to poor his/her financial background.
  5. Common people will not be ready to sue big multinational companies.

Way forward/suggestions

• 1. Imposing a cost on emissions of Greenhouse Gases.
  2. Financial incentive to small and marginal industries to reduce their emissions
  3. A fund can be created like the CAMPA from the penalties, to compensate victims and restore the environment.
  4. Carbon Price is a good strategy to implement the Polluters Pay Principle.
  5. Carbon Price should be uniform across the countries and there should not be any ‘Carbon Havens’.
  6. Penalties should be increased in their degrees over the time.

Conclusion

It is good that India that imbibed the Polluter Pays Principle (PPP) in their Law of land. And, it also had actually helped in imposing damages on the polluter but still the problem with this principle is that it hasn’t been implemented properly. If we look at the exemplary damages granted to span motels doesn’t serve the purpose of the exemplary damages. Ten lakhs rupees is nothing for the big corporations like span motels.

For them at least 10 crores Rs. exemplary damages should be given. And again if we look at the penalty imposed in the Vellore Citizens case, then it just shocks me that how 10,000 rupees can justify the pollution spreaded by the tanneries in the nearby areas. The Author personally feels that this is not an effective way of fund raising. We should reconsider the criteria’s laid to decide the compensation amount. At least it should deter the polluters from spreading pollution. This principle needs a strict interpretation from our judiciary with immediate effect and we just can’t afford any sort of delay in its proper implementation in developing country, like India.

Questions

• 1. What do you understand by polluters pay principle? What is the significance of such ideas in the current situation in the world, especially India?
  2. Recent verdict by NGT on Yamuna Pollution have the basis in Polluter Pays Principle. Critically analyze the relevance of the philosophy.

References

• 1. http://www.legalserviceindia.com/article/l54-Interpretation-of-Polluter-Pays-Principle.html
  2. The Hindu
  3. Quint website
  4. http://indianexpress.com/article/opinion/editorials/when-polluters-pay

Note4Students

The Ministry of Environment recently permitted states to declare earlier protected wild animal species as “vermin” under the Wildlife Protection Act of 1972, thereby allowing private shooters and others to kill these species with few safeguards and no risk of prosecution. Recent examples are Nilgai in Bihar and Maharashtra, Rhesus macaque in HP, Wild pig in all States except Himachal Pradesh

 

Introduction

Culling is basically selective killing of a species, usually as a population control measure. Though in animal breeding, it is known as the process of removing or segregating animals from a breeding stock based on criteria like immunity, disease, etc. In India, man-animal conflict is seen across the country in a variety of forms, including monkey menace in the urban areas, crop raiding by ungulates and wild pigs, depredation by elephants, and cattle and human killing by tigers and leopards. Damage to agricultural crops and property, killing of livestock and human beings are some of the worst forms of man-animal conflict. The increase in man-animal conflict is likely due to the greater resilience and adaptability of wild animals in face of their shrinking habitats, which allow them to live successfully close to human habitation. Section 11(1) a of the Wildlife Protection Act (WPA) authorizes chief wildlife warden to permit hunting of any problem wild animal only if it cannot be captured, tranquillized or translocate. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

 

Basic reasons behind culling

1. Man-Animal conflict – too many wild animals compete with humans for resources.
2. Threat to life and livelihood (crop, property damage) makes culling necessary.
3. Loss of forestland to mines, industry, agriculture, etc. is the primary reason behind man-animal conflict.
4. Crop-raiding by smaller herbivores due to a population boom & animals raiding nutrient rich crops like wheat and maize are other major reasons for man-animal conflict.
5. Increased population of such animals
6. bans or restrictions on hunting,
7. loss of natural predators,
8. Availability of non-forest food sources (cropland, garbage dumps), etc.

Legal mechanism for culling

1. Wildlife laws divide species into ‘schedules’ ranked from I to V.
2. Schedule I members are the best protected, in theory, with severe punishments meted out to those who hunt them.
3. Schedule V is the vermin category.
4. For wild animals in Schedule II, III or IV, chief wildlife warden or authorized officers can permit their hunting in a specified area if they have become dangerous to humans or property (including standing crops on any land).
5. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

Arguments in favour of culling

1. It is the feasible solution to save life and property of the citizens.
2. By law, wildlife are protected because they are too few and require protection.
3. It destroys hard work of one year of the farmers and push them to the debt crises.
4. The absence of lawful intervention often triggers retaliation by illegal means. Hence such a law is very necessary.
5. Can be monitored easily using strict guidelines and law enforcement.
6. Fencing is not a good measure in this regard and is expensive and its maintenance is not effective.
7. Even selection of crops that traditionally repelled animals does not seem to work any longer. For example, farmers in Sirmour, Himachal Pradesh, now complain that monkeys raid garlic fields that they avoided until recently.

 

Arguments against culling

1. Ethical grounds: Even Supreme Court recognized the Right to Life to animals.
2. Animal welfare activists believe that every individual animal is ethically indispensable, even at the cost of putting entire species at risk.
3. Culling is against animal protection and conservation.
4. It shows the barbarian mind-set still existing in human beings, according to the animal welfare groups.
5. Culling creates a conducive atmosphere for the poaching mafia to move in.
6. Man-animal conflict can be controlled through non-invasive means, including fencing crop fields, planting chilli around cropland, selecting non-edible crops etc.

Alternative solutions

1. Popularising insurance of crops and other properties.
2. Forest department should be more active to deter the animals from harming humans.
3. Use sedatives rather killing.
4. Reduce activities causing habitat loss of animals

 

Global practices

1. In the US, some areas require seasonal culling to ease pressure on livestock feed.
2. In parts of Africa, culling has been used for commercial harvesting.
3. In Australia even kangaroos are culled.

 

Conclusion

Animals are not the real problem. We need to look into the root cause of such conflicts. Providing human needs, enhancing local amenities, and adopting science-based and sustained interventions will provide more lasting solutions. India is already suffering from serious effects of climate change, including a warming climate, changing rainfall patterns, and droughts—all factors which hurt farmers first. Without healthy forests for our wildlife to live in, animals, and humans, suffer. Also, it is the duty of every Indian citizen under Article 51A (G) of our nation’s constitution to protect wildlife and to have compassion for living creatures.

Questions

Q.) Recently the Environment Ministry has decided to allow some States to cull wildlife? Should such wildlife be tagged as vermins? Discuss the issues involved in this decision.

References

PIB

THE HINDU

Ministry of Environment and forest website

Note4Students/Syllabus Mapping: GS3

Water management and conservation has become imperative due to the intense water scarcity, frequent agrarian crisis, farmer distress, recurring floods and droughts, fast ground water depletion and unprecedented weather vagaries due to climate change. ILR as an instrument under National Water Policy to resolve the water crisis in the country has taken centre stage in the minds of policymakers. Its re-emergence in the public debate makes it a hot topic from the above context and important for CSE Mains 2017

 

Introduction:

Inter Linking of Rivers refers to inter-basin water transfers between 2 or more rivers through human interventions on natural systems.

India’s National Water Development Agency (NWDA) has suggested the interlinking of rivers of the country. The interlinking of rivers has two components: the Himalayan and the Peninsular. All interlinking schemes are aimed at transferring of water from one river system to another or by lifting across natural basins. The project will build 30 links and close to 3000 storages to connect 37 Himalayan and Peninsular rivers to form a gigantic South Asian water grid.

Current Context:

Ken-Betwa link project has been declared as National Project by the Government of India. Damanganga – Pinjal Link Project, Par – Tapi – Narmada Link Project and Mahanadi – Godavari Link Projects have been given a go ahead.

 Need for Inter River Linking:

Large variation in rainfall and subsequent availability of water resources in space and time.

Because of this variability of available water, floods and drought coexist in our country in same time and space. ( Kerala, T.N and South Karnataka is facing drought while Rajasthan, Gujarat , Assam reeling under floods)

 

What could be the possible positive implications of ILR Plan?

1. It will most likely lead to Improved and expanded irrigation i.e. the project claims to provide additional irrigation to 35 million hectares in the water-scarce western and peninsular regions.
2. The river interlinking project claims to generate total power of 34,000 MW (34 GW).
3. It will lead to Ground water Recharging.
4. The inter-link would create a path for aquatic ecosystems to migrate from one river to another, which in turn may support the livelihoods of people who rely on fishery as their income.
5. It will contribute to flood and drought hazard mitigation for India
6. Any multipurpose storage reservoirs in upstream countries, such as Nepal and Bhutan, would facilitate energy generation and other benefits.
7. It also appears to promote national integration and a fair sharing of the country’s natural water wealth.
8. It will unify the country by involving every Panchayat as a share holder and implementing agency.
9. Provide for enhancing the security of the country by an additional waterline of defense.
10. Provide employment avenues for more than 10 lakh people for the next decade.
11. It will most likely eradicate the flooding problems which recur in the northeast and the north every year.
12. Solve the water crisis situation by providing alternative, perennial water resources.
13. The large canals linking the rivers are also expected to facilitate inland navigation too.
14. It aims at increasing food production from about 200mn tones a year to 500mn tones.
15. It will most likely boost the annual average income of farmers, from the present $40 per acre of land to over $500.

What could be the possible adverse effects of Inter-River Linking Plan?

River Linking Project involves multifaceted issues and challenges related to environmental, economic, ecological, legal, political and social costs. It has potential for disastrous and irreversible adverse after-effects which has been comprehensively discussed below:

Ecological Costs:

1. Water scientists and Environmentalists have remarked that the water flowing into the sea is not waste. It is a crucial link in the water cycle. With the link broken, the ecological balance of land and oceans, freshwater and sea water, also gets disrupted
2. It is feared that diversion of water from the Brahmaputra and the Ganges, which provide 85% of the country’s fresh water flow in the dry season, would result into an ecological disaster.

Economic Costs:

1. As this project is of massive estimated cost, a long term planning and a sound financial simulation are required to meet the standard for such proposals.
2. The huge expenditure of the project and the maintenance costs associated with the dams, canals, tunnels, and captive electric power generation will involve huge financial burdens.
3. This may generate fiscal problems that are difficult to handle.
4. This certainly requires financial assistance from the private sector as well as global capital agencies.
5. Mobilization of global capital may ultimately entail the risk of destroying social welfare measures.

Environmental costs

1. It will result in massive diversion of forest areas and submergence of land leading to deforestation and soil- erosion. (For example The Ken-Betwa link project puts in danger over 4,100 hectares of forest land or 8% of the Panna National Park).
2. There will be destruction of rivers, aquatic and terrestrial biodiversity, fisheries and groundwater recharge.
3. Possible downstream impacts, salinity ingress, pollution concentration, and increased methane emission from reservoirs are other adverse repercussions.
4. Scientists are also of the view that river diversion may bring significant changes in the physical and chemical compositions of the sediment load, river morphology and the shape of the delta formed at the river basin.
5. It could most likely create trigger points of natural disasters like landslides, earthquakes etc. as seen in case of Koyna dam and Tehri dam.

Legal costs:

1. Domestic and regional geo-politics play a pivotal role on the discussions on ILR. As of now, there is no mechanism as of now to deal with matters concerning inter-basin transfers. There are also important institutional and legal issues to be sorted out.
2. Each of the 30 schemes of the ILR is supposed to get through several statutory, legal and procedural steps.

Social Costs:

1. Reconstruction and rehabilitation due to displacement is not an easy task as seen before.
2. The construction of reservoirs and river linking canals in the peninsular component alone expect to displace more than 5, 83,000 people and submerge large areas of forest, agriculture and non-agriculture land.
3. It is likely to create social unrest/psychological damage and cultural alienation due to forced resettlement of local indigenous tribal community.

Political Implications:

1. Water being a state subject, the ILR plan further complicates existing water sharing and management problems between the riparian states.
2. Some of the ILR schemes have international implications, which may create strained relationship with neighboring countries like Bhutan, Nepal and Bangladesh.

 

Way forward:

NRLP has its fair share of positives and negatives. Though there are enough apprehensions over the project but they are not backed by any comprehensive scientific evidence to it. Inter basin water transfer is not a new concept.

Large direct benefits of irrigation, water supply and hydropower and indirect benefits navigation, tourism, employment generation etc can be accrued in ILR program.

Formation of River Basin Authority for coordinated action and subsequent building up of consensus among concerned States is prima facie needed. Legal provisions for implementation of ILR related to rehabilitation and appropriate afforestration through CAMPA is to be concurrently addressed.

It is essential that needed environmental safeguards such as comprehensive EIA and SIA are properly implemented in a coordinated manner by various agencies. Therefore, strengthening and expansion of cooperative efforts among the co-basin states and countries will foster co-riparian relationships.

India’s river linking project shows and promises a great concern for water conservation and optimum use of available water resources. Undoubtedly, it is the need of the hour to have a water mission like as IRL, which will enable availability of water to the fields, villages, towns and industries throughout the year post a comprehensive scientific assessment.

Note4Students/Syllabus Mapping: GS3

The quantum of solid waste is ever increasing due to increase in population, developmental activities, changes in life style, and socio-economic conditions, Plastics waste is a significant portion of the total municipal solid waste (MSW). The Government through MoEF&CC has notified the Plastic Waste Management Rules, 2016, in suppression of the earlier Plastic Waste (Management and Handling) Rules, 2011. The new Plastic Waste Management Rules is a part of the revamping of all Waste Management Rules which will help in achieving the vision of Swacch Bharat and cleanliness essential health and tourism and hence important for CSE Mains 2017.

 

What comprises Plastic waste? What are its components?

1. The plastics waste constitutes two major categories of plastics – Thermoplastics and Thermoset plastics.
2. Thermoplastics constitute 80% and Thermoset constitutes approximately 20% of total post-consumer plastics waste generated in India.
3. The Thermoplastics are recyclable plastics which include; Polyethylene Terephthalate (PET), Low Density Poly Ethylene (LDPE), Poly Vinyl Chloride (PVC), High Density Poly Ethylene (HDPE), Polypropylene(PP), Polystyrene (PS) etc.
4. The Thermoset plastics contains alkyd, epoxy, ester, melamine formaldehyde, phenol formaldehyde, silicon, urea formaldehyde, polyurethane, metalized and multilayer plastics etc.

Why is there a dire need for Plastic waste management?

1. It is stated that 15, 000 tonnes of plastic waste is generated every day, out of which 9, 000 tonnes is collected and processed, but 6, 000 tonnes of plastic waste is not being collected.
2. In particular, the plastic carry bags are the biggest contributors of littered waste and every year, millions of plastic bags end up in to the environment vis-a-vis soil, water bodies, water courses and it takes an average of one thousand years to decompose completely.
3. In the absence of a reliable eco friendly alternative that can replace plastic completely, the real challenge is to improve plastic waste management systems.

 

Plastic Waste (Management) Rules, 2016 – What’s New?

1. The new plastic waste management rules is aimed at reducing 6,000 tonnes of uncollected plastic waste generated daily by targeting manufacturers and industries by using a new principle called the Extended Producers’ Responsibility (EPR) Act. The other modalities of the new plastic management rules are as follows:
2. Increase minimum thickness of plastic carry bags from 40 to 50 microns and stipulate minimum thickness of 50 micron for plastic sheets also to facilitate collection and recycle of plastic waste.
3. Expand the jurisdiction of applicability from the municipal area to rural areas, because plastic has reached rural areas also.
4. To bring in the responsibilities of producers and generators, both in plastic waste management system and to introduce collect back system of plastic waste by the producers/brand owners, as per Extended Producers Responsibility.
5. To introduce collection of plastic waste management fee through pre-registration of the producers, importers of plastic carry bags/multilayered packaging and vendors selling the same for establishing the waste management system.
6. To promote use of plastic waste for road construction as per Indian Road Congress guidelines or energy recovery, or waste to oil etc. for gainful utilization of waste and also addresses the waste disposal issue.
7. To entrust more responsibility on waste generators, namely payment of user charge as prescribed by local authority, collection and handing over of waste by the institutional generator, event organizers.
8. To implement these rules more effectively and to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste and adopt polluter pays principle for the sustainability of the waste management system.

Missing Links in the revised Plastic Waste management rules

1. Though the rules have broadened the scope of the existing Plastic (waste management and handling) Rules, 2011, there is no mention on how to reduce plastic waste in the new rules.
2. While it has focused on the use of plastic carry bags by increasing the minimum thickness from 40 microns to 50 microns, there has been no specification on the other forms of plastics such as the mineral water bottles (PET).
3. One aspect that was not dealt with was the informal sector of waste collection. In Delhi, the informal sector employs about 150,000 people who transport almost 1,088 tonnes per day of recyclable waste
4. The rules do not provide for a law which needs to be based around incentives and disincentives.
5. Plastic waste management has worked for some states such as Himachal Pradesh and Sikkim. But it has failed in Delhi. The draft rules have not worked on developing an effective model for plastic waste management all across the country.
6. There has been no mention of any scheme or mechanism through which a producer/manufacturer shall comply with EPR, like the Deposit Refund Scheme (DRS) under e-waste rules.
7. They do not mention plastic material for packaging gutkha, pan masala and tobacco.

 

Way forward:

The rules need to be strengthened further. Their main purpose should be to discourage the use of plastic in the country. EPR is still loose and needs to be worked upon for better implementation of these rules. A clear directive of how EPR should be followed needs to be included. The penal provisions are weak and need to be worked upon. There should be inclusion of a heavy penalty for non-compliance with the rules for effective implementation.

India generates almost 1.5 MT of plastic waste every year. Less than a quarter of the waste is being collected and treated. Until we find a reliable eco friendly alternative to plastic that can replace it completely, effective plastic management systems should be our imperative.

Note4Students/Syllabus Mapping: GS3

Emphasizing that toxic constituents present in e-waste and their disposal mechanism affect human health and lead to various diseases, e-waste management becomes imperative.

The rapid internet penetration and smart phone revolution resulting in phones and other electronics contributed to 1.5 million tonnes of e-waste produced in India in 2015, 90% of which was managed by the informal sector using unscientific methods that cause harm to human health and the environment. These rules are critical from both health and environment perspective and important for CSE Mains 2017.

 

What comprises e-waste? What are the contributions of its components?

1. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones, accumulators, mercury switches, polychlorinated biphenyl capacitors etc.
2. Toxic elements associated with e waste usually are – Cadmium, Mercury, Lead, nickel, Chromium, Copper, Lithium, Silver and Manganese

Why is there a dire need for e-waste management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 15 lakh tonne is e-waste.
2. On the consumer side, most institutional waste generators such as educational institutions and industries, which generate close to 70% of the e-waste, are not aware of the rules and continue to sell their e-waste to the informal sector.
3. The present set up of management of e-waste under the Environment Protection Act 1986 and the rules framed under it have failed to yield any tangible results.

E-Waste (Management) Rules, 2016 – What’s New?

1. Manufacturer, dealer, refurbisher and Producer Responsibility Organization (PRO) have been introduced as additional stakeholders in the rules.
2. The applicability of the rules has been extended to components, consumables, spares and parts of EEE in addition to equipment as listed in Schedule I.
3. Compact Fluorescent Lamp (CFL) and other mercury containing lamp brought under the purview of rules.
4. Collection mechanism based approach has been adopted to include collection centre, collection point, take back system etc for collection of e – waste by Producers under Extended Producer Responsibility (EPR).
5. Option has been given for setting up of PRO, e – waste exchange, e – retailer, Deposit Refund Scheme as additional channel for implementation of EPR by Producers to ensure efficient channelization of e – waste.
6. Provision for Pan India EPR Authorization by CPCB has been introduced replacing the state wise EPR authorization.
7. Deposit Refund Scheme has been introduced as an additional economic instrument wherein the producer charges an additional amount as a deposit at the time of sale of the electrical and electronic equipment and returns it to the consumer along with interest when the end – of – life electrical and electronic equipment is returned.
8. The e – waste exchange as an option has been provided in the rules as an independent market instrument offering assistance or independent electronic systems offering services for sale and purchase of e – waste generated from end – of – life electrical and electronic equipment between agencies or organizations authorized under these rules.
9. The manufacturer is also now responsible to collect e – waste generated during the manufacture of any electrical and electronic equipment and channelises it for recycling or disposal and seeks authorization from SPCB.
10. The dealer, if has been given the responsibility of collection on behalf of the producer, need to collect the e – waste by providing the consumer a box and channelize it to Producer.
11. Dealer or retailer or e – retailer shall refund the amount as per take back system or Deposit Refund Scheme of the producer to the depositor of e – waste.
12. Refurbisher need collect e – waste generated during the process of refurbishing and channelises the waste to authorised dismantler or recycler through its collection centre and seeks one time authorization from SPCB.
13. The roles of the State Government has been also introduced in the Rules in order to ensure safety, health and skill development of the workers involved in the dismantling and recycling operations.
14. Department of Industry in State or any other government agency authorized in this regard by the State Government is to ensure earmarking or allocation of industrial space or shed for e – waste dismantling and recycling in the existing and upcoming industrial park, estate and industrial clusters.
15. Department of Labor in the State or any other government agency authorized in this regard by the State Government need to ensure recognition and registration of workers; assist formation of groups of such workers to facilitate setting up dismantling facilities; undertake industrial skill development activities; and undertake annual monitoring and to ensure safety & health of workers involved in dismantling and recycling.
16. State Government to prepare integrated plan for effective implementation of these provisions, and to submit annual report to Ministry of Environment, Forest and Climate Change.
17. Liability for damages caused to the environment or third party due to improper management of e – waste including provision for levying financial penalty for violation of provisions of the Rules has also been introduced.
18. Urban Local Bodies (Municipal Committee/Council/Corporation) has been assign the duty to collect and channelized the orphan products to authorized dismantler or recycler.

Limitations of the revised E-Waste management rules:

1. Unlike EPR regulations in other countries, no collection or recycling targets are imposed on producers.
2. In the absence of targets, and in a relatively lax regulatory environment, producers have little incentive to ensure collection of their used products.
3. Unfortunately, even the amended e-waste rules completely ignore the informal sector as millions of waste collectors carry out door-to-door collection of waste and their livelihoods depend on their ability to collect and sell the waste to informal recyclers.
4. Only highly environmentally- conscious consumers will search for the nearest collection centre.
5. In contrast, a rag-picker will come to the consumer’s house to pick up the waste and, to top it off, will pay the consumer.
6. A requirement that producers implement a successful deposit-refund system (DRS) will depend on the political will to implement the amended rules.

Way forward:

1. The government and the manufacturers have to recognize the informal sector and find mechanisms to bring it into the fold of formal waste management.
2. The challenge, however, lies in creating awareness and training the half-a million unorganized workforce countrywide who collect E-Waste. Given that by 2050, about 40% of the country will get urbanized, It must be outlined how CSR can best be deployed to educate, train and develop the skills of the unorganized workforce besides efforts of the government.
3. E-Waste training programs will be a part of the skill council for green jobs at NSDC.
4. Successful models of E Waste management public awareness campaigns and specific e-waste policy like that of the European Union can be emulated.

 

Note4Students/Syllabus Mapping: GS3

Waste management and diligent planning becomes critical for regulation of humongous solid waste being generated every day. With growing urbanization and rise of smart cities on the offing the issue of solid waste management becomes even more imperative. The fact that the solid waste management rules have been revised after 16 years makes it a hot topic from the environment context and important for CSE Mains 2017.

Current Context:

The Union Ministry of Environment, Forests and Climate Change (MoEF&CC) recently notified the new Solid Waste Management Rules (SWM), 2016. These will replace the Municipal Solid Wastes (Management and Handling) Rules, 2000, which have been in place for the past 16 years.

These rules are the sixth category of waste management rules brought out by the ministry, as it has earlier notified plastic, e-waste, biomedical, hazardous and construction and demolition waste management rules.

Introduction:

1. Waste management refers to the activities and actions required to manage waste from its start till its disposal. This includes collection, transport, treatment and disposal of waste together with monitoring and regulation.
2. The waste hierarchy refers to the “3 Rs” reduce, reuse and recycle, which classify waste management strategies according to their desirability in terms of waste minimization.
3. The waste hierarchy remains the cornerstone of most waste minimization strategies.
4. The Polluter pays principle is a principle where the polluting party pays for the impact caused to the environment.

What do you understand by solid waste? What are the contributions of its components?

1. Solid waste encompasses the following waste components:
2. Construction and demolition waste – wastes generated in construction of new buildings, renovation and demolition work.
3. Plastic waste– includes polythene bags, plastic bottles etc
4. Biomedical waste – wastes involved in diagnosis, treatment and immunization such as human and animal anatomical waste, treatment apparatus such as needles and syringes and cytotoxic drugs.
5. Hazardous waste– wastes that cause immediate danger to exposed individuals or environment.
6. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones etc.

Why is there a dire need for Solid Waste Management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 5.6 million tonnes is plastic waste, 0.17 million tonnes is biomedical waste, hazardous waste generation is 7.90 million tonnes per annum and 15 lakh tonne is e-waste.
2. The per capita waste generation in Indian cities ranges from 200 grams to 600 grams per day.
3. The fact that 43 million TPA is collected, 11.9 million is treated and 31 million is dumped in landfill sites, which means that only about 75-80% of the municipal waste gets collected and only 22-28 % of this waste is processed and treated.
4. Waste generation will most likely to increase from 62 million tonnes to about165 million tonnes in 2030.

Major highlights of the new SWM Rules, 2016

Segregation at source

1. The new rules have mandated the source segregation of waste in order to channelize the waste to wealth by recovery, reuse and recycle. Waste generators would now have to now segregate waste into three streams- Biodegradables, Dry (Plastic, Paper, metal, Wood, etc.) and Domestic Hazardous waste (diapers, napkins, mosquito repellants, cleaning agents etc.) before handing it over to the collector.
2. Institutional generators, market associations, event organizers and hotels and restaurants have been directly made responsible for segregation and sorting the waste and manage in partnership with local bodies.
3. All hotels and restaurants will also be required to segregate biodegradable waste and set up a system of collection to ensure that such food waste is utilized for composting / biomethanation.
4. The rules mandate that all resident welfare and market associations and gated communities with an area of above 5,000 sq m will have to segregate waste at source into material like plastic, tin, glass, paper and others and hand over recyclable material either to authorized waste-pickers and recyclers or to the urban local body.

Collection and disposal of sanitary waste:

1. The manufacturers or brand owners of sanitary napkins are responsible for awareness for proper disposal of such waste by the generator and shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

Collect Back scheme for packaging waste:

1. As per the rules, brand owners who sale or market their products in packaging material which are non‐biodegradable, should put in place a system to collect back the packaging waste generated due to their production.

User fees for collection:

1. The new rules have given power to the local bodies across India to decide the user fees. Municipal authorities will levy user fees for collection, disposal and processing from bulk generators. As per the rules, the generator will have to pay “User Fee” to the waste collector and a “Spot Fine” for littering and non-segregation, the quantum of which will be decided by the local bodies.
2. Also, the integration of rag pickers, waste pickers and kabadiwalas from the informal sector to the formal sector would be done by the state government.
3. The rules also stipulate zero tolerance for throwing; burning, or burying the solid waste generated on streets, open public spaces outside the generator’s premises, or in the drain, or water bodies.

Waste processing and treatment

1. It has been advised that the bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible and the residual waste shall be given to the waste collectors or agency as directed by the local authority.
2. The developers of Special Economic Zone, industrial estate, industrial park to earmark at least 5 per cent of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.
3. Waste processing facilities will have to be set up by all local bodies having a population of 1 million or more within two years.
4. Also, the rules have mandated bio‐remediation or capping of old and abandoned dump sites within five years.

Promoting use of compost

1. The Department of Fertilizers, Ministry of Chemicals and Fertilizers should provide market development assistance on city compost and ensure promotion of co‐marketing of compost with chemical fertilizers.

Promotion of waste to energy

1. The SWM Rules, 2016 emphasize promotion of waste to energy plants. The rules mandate all industrial units using fuel and located within 100 km from a solid waste-based Refuse-Derived Fuel (RDF) plant to make arrangements within six months from the date of notification of these rules to replace at least 5 per cent of their fuel requirement by RDF so produced.
2. As per the rules, the Ministry of New and Renewable Energy Sources should facilitate infrastructure creation for Waste to Energy plants and provide appropriate subsidy or incentives for such Waste to Energy plants.
3. The Ministry of Power should fix tariff or charges for the power generated from the Waste to Energy plants based on solid waste and ensure compulsory purchase of power generated from such Waste to Energy plants by discoms.

Revision of parameters and existing standards

1. The landfill site shall be 100 meters away from a river, 200 meters from a pond, 500 meters away from highways, habitations, public parks and water supply wells and 20 km away from airports/airbase.
2. Emission standards are completely amended and include parameters for dioxins, furans, reduced limits for particulate matters from 150 to 100 and now 50.
3. Also, the compost standards have been amended to align with Fertilizer Control Order.

Management of waste in hilly areas

1. The construction of landfills on hills shall be avoided. Land for construction of sanitary landfills in hilly areas will be identified in the plain areas, within 25 kilometers.

Constitution of a Central Monitoring Committee

1. The government has also constituted a Central Monitoring Committee under the chairmanship of Secretary, MoEF&CC to monitor the overall implementation of the rules.
2. The Committee comprising of various stakeholders from the Central and state governments will meet once a year to monitor the implementation of these rules.

 

Limitations of the revised Solid waste management rules:

1. They fail to incentivize and impose a strict penalty in case of poor implementation.
2. The rules have not pushed for decentralized management of waste but have encouraged centralized treatment such as waste to energy, the present state of which is not good in the country.
3. The informal sector has been considerably neglected in the new rules.
4. It is not clear about the fine amount to be imposed on plastic manufacturers or how the monitoring system would be carried out
5. The need is for behavioral change on part of people when it comes to domestic waste generation and on part of authorities when it comes to implementing the rules framed is not adequately focused.

Way forward:

The rules must reiterate a point stressed in much of the literature on solid waste management that 25 per cent to 35 per cent of India’s waste can be recycled. It will take almost 4-5 years to see the drastic change in how the waste management regimes will work in India. The SWM Rules, 2016 diminish hopes in pushing for adoption of a decentralized mechanism for solid waste management. However, it would be challenging to see how segregation at source shall work on the ground. A massive awareness campaign in association with communities, NGOs, students and other stakeholders needs to be planned to push for better implementation of these rules. The Rules need to focus on making solid waste management a people’s movement by taking the issues, concerns and management of solid waste to citizens and grass-roots.

Note4Students/Syllabus Mapping: GS3

The Climate Change and sustainability has become the buzz words considering the global warming and its multiplier effects on agriculture, industry, people and governments. A landmark agreement at Paris to limit the rise of earth’s temperature to below 2 degrees Celsius of pre industrial levels doesn’t seem enough considering the debilitating impacts of HFCs(Hydro Fluorocarbons) to climate change.

It is in this backdrop that the new amendment to Montreal Protocol at capital city of Kigali gains prominence as a supporting pillar to the Paris agreement. These two climate change agreements are critical to climate change combat prerogatives. It is in this context that Kigali agreement is important for success of the landmark Paris agreement and hence makes it a hot topic for CSE Mains 2017

 

What is the Kigali Agreement?

source:

1. In the 28th meeting of the Parties to the Montreal Protocol, negotiators from 197 nations have signed a historic agreement to amend the Montreal Protocol in Kigali, a capital city of a tiny African country, Rwanda on 15th October 2016.
2. As per the agreement, these countries are expected to reduce the manufacture and use of Hydrofluorocarbons (HFCs) by roughly 80-85% from their respective baselines, till 2045.
3. This phase down is expected to arrest the global average temperature rise up to 0.5 degrees C by 2100.
4. Kigali agreement is an amendment to Montreal Protocol.

 

Significance of Kigali Agreement:

1. Many scientists hailed it as an important achievement, which could be crucial to the goal laid out in last year’s Paris Agreement of holding global temperature rise below 2°C by 2100.
2. The Kigali agreement builds on momentum from other international efforts this past year aimed at addressing climate change.
3. Unlike Paris agreement, it gives clear, concrete and mandatory targets with fixed timelines to the signatory parties to achieve their targets.
4. It would prevent the emission of HFCs equivalent to 70 billion tons of CO2.
5. Total HFC emissions are far less contributors of climate change in comparisons to other greenhouse gasses, but HFCs are thousands of times more potent than carbon dioxide on a pound-per-pound basis.
6. If all signatory countries implemented this agreement effectively, then could on its own prevent a 0.5°C (0.9°F) rise in temperature by 2100.

 

Key pointers of Kigali Agreement:

1. It is a legally binding agreement between the signatory parties with non-compliance measures.
2. It will come into effect from 1st January 2019 provided it is ratified by at least 20 member parties by then.
3. It has shown a considerable flexibility in approach while setting phase-down targets for different economies accommodating their developmental aspirations, different socio-economic compulsions, and scientific & technological capabilities.

It has divided the signatory parties into three groups-

1. The first group consists of rich and developed economies like USA, UK and EU countries who will start to phase down HFCs by 2019 and reduce it to 15% of 2012 levels by 2036.
2. The second group consists of emerging economies like China, Brazil as well as some African countries who will start phase down by 2024 and reduce it to 20% of 2021 levels by 2045.
3. The third group consists of developing economies and some of the hottest climatic countries like India, Pakistan, Iran, and Saudi Arabia who will start phasing down HFCs by 2028 and reduce it to 15% of 2024-2026 levels till 2047.
4. It also has a provision for a multilateral fund for developing countries for adaptation and mitigation.
5. The Technology and Energy Assessment Panel (TEAP) will take a periodic review of the alternative technologies and products for their energy efficiency and safety standards.

 

Indian Perspective to Kigali Agreement:

1. One of the questions before India in its implementation of Montreal Protocol commitments is the need to align its goals for ‘Make in India’ with green technologies in order to remain competitive in global markets.
2. With Developed nations agreeing to cut 70 per cent of their HFC use by 2029, India will start reducing its HFC consumption when the developed countries would have reduced their consumption by 70 per cent.
3. The Agreement upholds the principle of Common but Differentiated Responsibilities and Respective Capabilities, which means the agreement recognizes the development imperatives of high-growth economies like India, and provides a realistic and viable roadmap for its implementation.
4. India a responsible nation: It has announced that it will eliminate the use of HFC-23, a greenhouse gas that harms the ozone layer, by 2030. HFC-23 is a super greenhouse gas with a GWP of 14,800, which is produced as a byproduct of HCFC-22 (Chloro-difluoro-methane) used in industrial refrigeration.
5. Financial implications: Industries have to either invest in R & D to find out the substitutes for HFCs or they have to buy patented substances and technologies from other MNCs. Consequently, the cost of production will increase which may ultimately shrink the buyer base for their products.
6. Technological implications: Some of the developed nations have already started using substitutes of HFCs in their products and have a sound technological knowledge about their use. Without technology transfer or research, it would be difficult for domestic industries to compete with them in global as well as domestic market.

 

Conclusion:

Kigali agreement on phasing down climate-damaging HFCs is one of the historic steps in global fight against climate change. It will play substantial role in holding global temperature rise below 2°C by 2100 as agreed in Paris agreement. Similarly the deal would provide a mechanism for countries like India to access and develop technologies that leave a low carbon footprint. The deal keeps the Paris agreement on track and along with a new deal to cap aviation emissions, it is overwhelmingly positive.

Note4Students

Our growth projections demands greater energy production. Quest for cleaner energy is never ending. It is challenging to meet both cleaner and increased energy demands. Indo japan nuclear deal provides a better opportunity to actualize both targets. So understanding Indo- japan nuclear deal is important.

Introduction

1. India-Japan partnership is regarded as a significant element contributing to the peace and stability of the Indo-Pacific region.
2. India and Japan, at last, signed an agreement for cooperation in the peaceful uses of nuclear energy. Both countries took several rounds of negotiations, which helped resolve several sticky issues.
3. The joint document signed by the two countries lays down a roadmap for bilateral cooperation in the field of nuclear energy. “
4. This deal would provide for the development of nuclear power projects in India and thus strengthening of energy security of the country.

Analysis

Key Points

1. Under the accord, India may reprocess nuclear materials and by-products, but cannot make highly enriched uranium without approval from Japan. Highly enriched uranium has the potential for use in nuclear weaponry.
2. The main opposition Party in japan has spoken out against the bill, pointing out that since the provision to suspend the treaty was not included in the pact, there is no explicit guarantee to limit the use of nuclear technology.
3. Tokyo has insisted that the treaty enables a strong response — by suspending cooperation — if India were to conduct nuclear tests. Unlike nuclear deals with Jordan and Vietnam, however, the India-Japan accord does not specify nuclear testing as a condition for terminating the agreement.

Chronology

1. The negotiations have been underway for six years, but the negotiations were stuck because of political resistance in Japan after the 2011 disaster at the Fukushima Nuclear Power Plant.
2. Japan and India signed a memorandum of understanding for civil nuclear cooperation in December 2015, when Abe was in Delhi for the annual bilateral summit, overcoming reservations over India’s status as a nation which has not signed the Non-Proliferation Treaty.
3. This was transformed into a deal in November last year when PM Narendra Modi was in Tokyo for the summit. Subsequently the Japanese government got approval from the Diet (parliament) for the nuclear deal with India.  ..
4. The landmark deal came into force in July this year with the completion of necessary formalities in both countries. This will enable Japan to export nuclear power plant technology as well as provide finance for nuclear power plants in India.

Importance of the deal

1. For a vast country with ambitious development targets, India is in a dire need to augment its energy resources.
2. India’s present level of electricity production cannot cope with the rapidly growing demands of the economy.
3. In addition, India is the third largest importer of crude oil and the third largest emitter of carbon dioxide.
4. Since nuclear energy would be relatively cheap and clean, India has to go all out to harness it. It is the only realistic option for ensuring a steady supply of energy to manage the skyrocketing demands for electricity.
5. At present India’s nuclear power accounts for only three percent of its total electricity output, but it wants to increase its share to about twenty five percent in the next twenty years.
6. In order to realise that goal, India has plans to build about eighty new nuclear reactors in the coming decades. If India could count on Japan’s advanced cutting edge reactor technologies, it could accelerate India’s progress in the nuclear power generation and take advantage of the convergent mutual interests with Japan. Japan itself is in the process of boosting the export of its nuclear technologies for peaceful uses.
7. India is the only non-NPT signatory with which Japan has entered into a civil nuclear deal in what can be described as recognition for Delhi’s impeccable non-proliferation record
8. It is indeed a much-needed moral boost for India’s aspirations of getting membership in the Nuclear Suppliers Group (NSG).
9. The signing of the deal will boost the low volume and dipping bilateral trade.
10. It will also give an impetus to the strategic military and defence relationship.
11. The deal can be instrumental in countering China’s growing regional influence and in dealing with the uncertainty of US foreign policy after the US election outcome.
12. From a Japanese point of view, negotiations with US-based Westinghouse Electric are in advanced stages and they have agreed to build six nuclear reactors in India. Japanese companies, such as Toshiba, have significant holdings in Westinghouse and other U.S. and French partners negotiating for nuclear reactors now. Signing of this deal makes it easier for such deals to materialise.
13. Japan will assist India in nuclear waste management and may undertake joint manufacture of nuclear power plant components under Make in India initiative
14. The finance for the project from the US Exim Bank remains intact and the initiative would start in 2018.

How similar is the Japan agreement to the US deal?

1. The agreement with Japan makes an upfront commitment on safety (addressing post-Fukushima concerns) and recognises the statement made by India before the Nuclear Suppliers Group in September 2008 in the preamble itself.
2. It also combines several updates with International Atomic Energy Agency in the annexure of the agreement. Rest of the agreement mirrors that of the US with advance consent to reprocessing rights in IAEA safeguarded facility.

Concerns

1. Westinghouse is caught in a bankruptcy quagmire and there is no functional reference atomic plant –– a pre-requisite to obtain permission from the Atomic Energy Regulatory Board (AERB), India’s nuclear watchdog.
2. Westinghouse, which was acquired by Japanese conglomerate Toshiba in 2006 for $5.4 billion, filed for bankruptcy in March. Top Westinghouse officials visited India twice since March to assure that the project is on track.

Conclusion

1. This Agreement is a reflection of the strategic partnership between India and Japan and will pave the way for enhanced cooperation in energy security and clean energy.
2. It seeks to promote full cooperation between the two countries in the development and uses of nuclear energy for peaceful purposes on a stable, reliable and predictable basis
3. The deal is essential for bringing a network of nuclear energy cooperation for India, especially with the U.S. as prominent American nuclear companies are owned by the Japanese nuclear majors like Toshiba.

Question

Q. “Many developed countries have been advocating for elimination nuclear usage altogether. But India – japan nuclear deal provides a better future for Indian energy security”- analyse