THE ENVIRONMENT (PROTECTION) RULES, 1986

THE ENVIRONMENT (PROTECTION) RULES, 1986
(The Principal rules were published in the Gazette of India vide number S.O. 844(E), dated 19.11.1986 and subsequently amended vide:
(i) S.O. 32(E), 16.2.87
(ii) S.O. 64(E), 18.1.88
(iii) G.S.R. 931(E), 27.10.89
(iv) S.O. 23(E), 16.1.91
(v) G.S.R. 95(E), 12.2.92
(vi) G.S.R. 329(E), 13.3.92
(vii) G.S.R. 562(E), 22.5.92
(viii) G.S.R. 636(E), 25.6.92
(ix) G.S.R. 386(E), 22.4.93
(x) G.S.R. 422(E), 19.5.93
(xi) G.S.R. 801(E), 31.12.93
(xii) G.S.R. 7, 22.12.98 )
Ministry of Environment and Forests
(Department of Environment, Forest and Wildlife)
Notification
New Delhi, the 19th November, 1986
S.O. 844(E) - In exercise of the powers conferred by sections 6 and 25 of the
Environment (Protection) Act, 1906 (29 of 1986), the Central Government hereby
makes the following rules, namely:-
1. Short title and commencement
(i) These rules may be called the Environment (Protection) Rules, 1986.
(ii) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions
In these rules, unless the context otherwise requires,-
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(aa) "areas" means all areas where the hazardous substances are handled;1
(b) "Central Board" means the Central Pollution Control Board constituted under
section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974);
(c) "Form" means a form set forth in Appendix A to these rules;
(d) "Government Analyst" means a person appointed or recognized as such
under section 13;
(e) "person" in relation to any factory or premises means a person or occupier or
his agent who has control over the affairs of the factory or premises and includes
in relation to any substance, the person in possession of the substance.
(ee) "prohibited substance" means the substance prohibited for handling;1
(f) "recipient system" means the part of the environment such as soil, water, air
or other which receives the pollutants;
(ff) "restricted substance" means the substance restricted for handling;1
(g) "section" means a section of the Act;
(h) "Schedule" means a Schedule appended to these rules;
(i) "Standards' means standards prescribed under these rules;
(j) "State Board" means a State Pollution Control Board constituted under section
4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a
State Pollution Control Board constituted under section 5 of the Air (Prevention
and Control of Pollution) Act, 1981 (14 of 1981);
3. Standards for emissions or discharge of environmental pollutants
(1) For the purpose 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 2[Schedule I to IV].
(2) Notwithstanding anything contained in sub-rule (1),the Central Board or a State
Board may specify more stringent standards from those provided in 3[Schedule I to IV]
in respect of any specific industry, operation or process depending upon the quality of
the recipient system and after recording reasons therefore in writing.
4(3) The standards for emission or discharge of environmental pollutants specified
under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation or
process within a period of one year of being so specified.
5[(3A)
(i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the
1st day of January, 1994, emission or discharge of environmental pollutants from
the 6[industries, operations or processes other than those industries, operations
or processes for which standards have been specified in Schedule-I] shall not
exceed the relevant parameters and standards specified in schedule VI.
Provided that the State Boards may specify more stringent standards for the
relevant parameters with respect to specific industry or locations after recording
reasons therefore in writing;
(ii) The State Board shall while enforcing the standards specified in Schedule VI
follow the guidelines specified in Annexure I and II in that Schedule].
7[(3B)] The combined effect of emission or discharge of environmental pollutants in an
area, from industries, operations, process, automobiles and domestic sources, shall not
be permitted to exceed the relevant concentration in ambient air as specified against
each pollutant in columns (3) to (5) of Schedule VII.]
(4) Notwithstanding anything contained in sub-rule (3)-
(a) the Central Board or a State Board, depending on the local conditions or
nature of discharge of environmental pollutants, may, by order, specify a lesser
period than a period specified under sub-rule (3) within which the compliance of
standards shall be made by an industry, operation or process
(b) the Central Government in respect of any specific industry, operation or
process, by order, may specify any period other than a period specified under
sub-rule (3) within which the compliance of standards shall be made by such
industry, operation or process.
(5) Notwithstanding anything contained in sub-rule (3) the standards for emission or
discharge of environmental pollutants specified under sub-rule (I) or sub-rule (2) in
respect of an industry, operation or process before the commencement of the
Environment (Protection) Amendment Rules, 1991, shall be complied by such industry,
operation or process by the 31st day of December 1991.
8[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or
process which has commenced production on or before 16th May, 1981 and has shown
adequate proof of at least commencement of physical work for establishment of facilities
to meet the specified standards within a time-bound programme, to the satisfaction of
the concerned State Pollution Control Board, shall comply with such standards latest by
the 31 st day of December, 1993.
(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry,
operation or process which has commenced production after the 16th day of May, 1981
but before the 31st day of December 1991 and has shown adequate proof of at least
commencement of physical work for establishment of facilities to meet the specified
standards within a time-bound programme, to the satisfaction of the concerned State
Pollution Control Board, shall comply with such standards latest by the 31st day of
December, 1992.]
4. Directions
(1) Any direction issued under section 5 shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which
it shall be complied with by the person, officer or the authority to whom such direction is
given.
(3) (a) The person, officer or authority to whom any direction is sought to be issued shall
be served with a copy of the proposed direction and shall be given an opportunity of not
less than fifteen days from the date of service of a notice to file with an officer
designated in this behalf the objections, if any, to the issue of the proposed direction.
(b) Where the proposed direction is for the stoppage or regulation of electricity or
water or any other service affecting the carrying on any industry, operation or
process and is sought to be issued to an officer or an authority, a copy of the
proposed direction shall also be endorsed to the occupier of the industry,
operation or process, as the case may be and objections, if any, filed by the
occupier with an officer designated in this behalf shall be dealt with in
accordance with the procedures under sub-rules (3a) and (4) of this rule:
Provided that no opportunity of being heard shall be given to the occupier if he had
already been heard earlier and the proposed direction referred to in sub-rule
(3b) above for the stoppage or regulation of electricity or water or any other service was
the resultant decision of the Central Government after such earlier hearing.9
(4) The Central Government shall within a period of 45 days from the date of receipt of
the objections, if any or from the date up to which an opportunity is given to the person,
officer or authority to file objections whichever is earlier, after considering the objections,
if any, received from the person, officer or authority sought to be directed and for
reasons to be recorded in writing, confirm, modify or decide not to issue the proposed
direction.
(5) In case where the Central Government is of the opinion that in view of the likelihood
of a grave injury to the environment it is not expedient to provide an opportunity to file
objections against the proposed direction, it may, for reasons to be recorded in writing,
issue directions without providing such an opportunity.