CPCB to release cost liability assessment method for environmental violations

New Delhi: The Union environment ministry is considering the adoption of an environmental damage cost assessment (EDCA) methodology to assess cost liability for various environmental violations, Kirti Vardhan Singh, minister of state for environment has told the Lok Sabha.

In response to queries by Bharatiya Janata Party (BJP) member of Parliament (MP) Manoj Tiwari on 1. whether the Central Pollution Control Board (CPCB)’s draft Report on Environmental Damage Cost Assessment (EDCA) proposes a uniform methodology to assess compensatory damages; 2. whether such a report includes pollution incidents in Delhi e.g. chronic waste to energy/ landfill impacts and episodic high pollution events 3. whether the Government has adopted or plans to adopt the CPCB’s EDCA draft as an authoritative methodology for computing environmental compensation in the country particularly in Delhi among others, Singh said CPCB has sought comments from stakeholders before its finalisation.

“Environmental Damage Cost Assessment (EDCA) report has been drafted by the Committee constituted by the Ministry of Environment, Forest and Climate Change to provide the environmental damage cost liability for the release of pollutants in excess of environmental standards, violation of waste management rules/ guidelines, non-compliance to the conditions of environmental clearance and other environmental approvals, assessment of impacts, restoration of environmental and ecological damages, and fixed penalty costs. CPCB has circulated the said report to all stakeholders including State Pollution Control Boards/ Pollution Control Committees, Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs) and also placed on CPCB website for public consultation for its finalization,” Singh said.

According to the draft report available on CPCB website, environmental damage cost (EDC) is a monetary measure of the environmental or ecological impacts caused by anthropogenic activity that releases pollutants beyond the acceptable norms or alters the natural ecosystem.

Scenarios for applicability of EDC include 1. undertaking project/activity without environmental or coastal regulation zone clearance 2. non-compliance of environmental approval conditions with the feasibility of assessing damage on the ground 3. non-compliances to environmental approval conditions where on-ground damage cannot be assessed 4. non-compliance to environmental approvals, which are only procedural in nature, does not cause any environmental damage such as non-submission of such documents other than regulatory approvals, eg. half-yearly compliance report, financial statements etc.

Most importantly, the violations covered will include damage due to air pollution, water pollution, solid and hazardous waste, land environment, ecology and biodiversity, noise, ground and surface water, disaster management etc.

The EDCA includes damage costs related to environmental impacts; assessment costs; fixed penalty cost under the Jan Vishwas (Amendment of Provisions) Act, 2023, and restoration or remediation costs. The fixed penalty cost will be restricted to a minimum of ₹10,000/- and a maximum of 15,00,000 for each contravention except in certain cases.