The Environment (Protection) Rules 1986

In one line

The Rules of 1986 are where the standards, the sampling procedure and the restriction power actually live.

In the wording a student can write in an examination: the Environment (Protection) Rules 1986 were made by the Central Government in exercise of the powers conferred by sections 6 and 25 of the Environment (Protection) Act 1986, and rules 1 to 11 contain the short title and commencement, the definitions, the standards for emission or discharge of environmental pollutants, the manner of giving directions, the prohibitions and restrictions on the location of industries and the carrying on of processes and operations in different areas, the procedure for taking samples, the service of notice, the procedure for the submission of samples for analysis and the form of the laboratory report, the functions of environmental laboratories, the qualifications of a Government Analyst, and the manner of giving notice of an intended complaint under section 19.

Rule 3 and Schedule I, the standards

Rule 3(1). For the purposes of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in Schedules I to IV.

Rule 3(2), the floor. The standards for emission or discharge specified under sub-rule (1) shall be the minimum, and a State Board may, having regard to local conditions, specify more stringent standards for a particular industry or a particular area.

Rule 3(3A) and the load-based approach. The rule was amended to provide for standards based on the load of pollutants rather than only on their concentration, which answers the objection that a concentration standard can be met by dilution.

What is in the Schedules. Schedule I contains industry-specific standards, with an entry for each category. Schedule II deals with the general standards for discharge into inland surface waters, public sewers, land for irrigation and marine coastal areas. Schedule III deals with ambient air quality standards for particular areas, and Schedule IV with noise standards for motor vehicles and other sources.

Rule 4, the direction procedure

This has been dealt with in the chapter on section 5 and is restated here because it belongs to the Rules.

The Central Government may issue a direction under section 5 in writing, and before issuing it must serve on the person, officer or authority concerned a notice of not less than fifteen days from the date of service specifying the direction proposed, and must consider any objections filed within that period.

Where the Central Government is of the opinion that it is in the public interest to dispense with the notice it may do so, recording the reason in writing.