ROLE OF POLLUTION CONTROL BOARD IN SEZ

Role of Pollution Control Board in SEZ (Special Economic Zones)

Special Economic Zones (SEZs) in India are established by the government to promote economic growth through increased industrial activity, exports, and job creation. These zones can be set up in the public, private, or joint sector, and the responsibility for their development falls on both the state and central governments. One crucial aspect of ensuring sustainable growth in SEZs is managing their environmental impact, which is where Pollution Control Boards (PCBs) play a vital role.

Environmental Compliance and Regulatory Framework

While the Special Economic Zones Act, 2005 does not explicitly mention the requirement for an Environmental Impact Assessment (EIA) or the role of Pollution Control Boards (PCBs), SEZs are still subject to several environmental regulations. The assumption that SEZs are non-polluting does not absolve them from environmental accountability, particularly when it comes to industrial operations that may involve harmful emissions, effluents, or waste.

The SEZ notification categorizes projects into two broad categories: Category A, which requires approval from the Central Government and the Ministry of Environment and Forests, and Category B, which requires approval from the State Government. However, both categories must consider the environmental impact, even if the project is categorized as non-polluting.

Role of Pollution Control Boards (PCBs)

Although the government promotes a Single Window clearance system for SEZs to streamline approvals, the role of PCBs becomes crucial for projects involving industrial activities that may potentially pollute. The PCBs, both at the state and central levels, are responsible for enforcing environmental standards set under various environmental protection laws.

Key Regulations Involving Pollution Control Boards:

1. Water (Prevention & Control of Pollution) Act, 1974 – Under Section 26, any polluting industry in an SEZ must obtain a Consent to Establish (CTE) from the PCB.
2. Air (Prevention & Control of Pollution) Act, 1981 – Similarly, under Section 21, any industry with the potential to pollute the air must obtain approval from the PCB.
3. Municipal Solid Waste (Management & Handling) Rules, 2000 – These rules mandate proper waste management systems for SEZs, ensuring that waste disposal meets environmental standards.
4. E-Waste (Management & Handling) Rules, 2011 – SEZs that handle electronic waste must comply with the e-waste disposal guidelines outlined in these rules.

The state-level PCBs, such as the Maharashtra Pollution Control Board (MPCB), have specific requirements for industries located within SEZs. For example, in Maharashtra, before taking any significant steps toward the implementation of an SEZ project, each individual industry must obtain Consent to Establish from the MPCB. This includes ensuring that industrial effluents are treated by individual units through Effluent Treatment Plants (ETPs). The treated water must be recycled and reused to maintain zero discharge from the SEZ. The developer is also responsible for providing and maintaining Sewage Treatment Plants (STPs) and managing the effluent carrying pipelines.

Key Responsibilities of Pollution Control Boards:

• Ensure Compliance: PCBs ensure that all industries within the SEZ adhere to local pollution standards and any additional conditions outlined in the consent granted.
• Review of Treatment Systems: PCBs review plans and specifications for water treatment, purification, and effluent disposal systems to ensure they meet regulatory standards.
• Annual Environmental Reports: The developer is required to submit annual or half-yearly Environmental Statement Reports to the PCB, documenting the zone’s environmental performance.
• Consent Renewal: Industries must renew their Consent to Operate periodically. In Maharashtra, the consent renewal period varies depending on the nature of the industry. Green industries may receive consent for up to 15 years, orange industries for 10 years, and red industries for 5 years. Renewal applications must be submitted at least 60 days before the expiration of the current consent.

Challenges and Considerations

The primary challenge in SEZs is balancing industrial growth with environmental protection. While some SEZs may be considered non-polluting, the presence of certain industries could lead to the creation of environmental hazards like air pollution, water contamination, and waste mismanagement. Thus, the role of Pollution Control Boards becomes even more critical, as they are tasked with ensuring that industrial growth in SEZs does not come at the expense of environmental health.

In Maharashtra, for example, the requirement for industries to treat their effluents through dedicated systems like ETPs and ensure zero discharge highlights the proactive approach taken by state authorities to manage environmental impacts in SEZs. This level of oversight is crucial in ensuring that the industrialization of SEZs aligns with the principles of sustainable development.

Pollution Control Boards play an integral role in regulating and monitoring environmental compliance in Special Economic Zones. Despite the presumption that SEZs are non-polluting, many industrial units within them still require stringent environmental oversight. By enforcing regulations related to air, water, and waste management, PCBs help ensure that SEZs contribute to economic growth without compromising environmental standards. Additionally, the ongoing review of consent conditions and the submission of environmental statements ensures that developers remain accountable for their environmental impact throughout the lifespan of the SEZ project.

Thus, the involvement of PCBs in SEZs is essential for fostering sustainable industrial development, minimizing environmental degradation, and upholding public health standards.