Assuming the finalised set of rules is notified, without much delay, what happens next? Do they fall into the abyss of Indian legal system?
Ministry sources are sure that the rules will be effective. "I am quite happy with the rules and feel they will solve the problem of illegal lead smelting in the country to a large extent," exults Indrani Chandreshekharan, additional director, Hazardous Waste Management Division of mef .
Experts differ. While some have not even been able to lay their hands on a copy of the draft rules, others voice their doubts. "The government has of late approved a few units following esm practices, though we doubt such certification," says one of the experts.
There are officials, as well, who are unaware. "I have not received a copy of the rules, so cannot comment," says Lalit Kapoor, senior environment engineer with cpcb . Ironic, considering cpcb has to play an important role in implementing the rules through various spcb s.
And to add to schemozzle are some who pass on information reluctantly. "We will not look into the monitoring aspect of the rules per se. spcb s have to do that. Although it is not very clear in the rules, it is implied that cpcb will also have to monitor and implement the rules," says a official at cpcb .
Regulations not very different from the Battery (Management and Handling) Rules 2000, exist in other countries like France, Belgium, Japan and Denmark and have been able to improve upon recycling processes (see box: Others show the way ). What remains to be seen is how effective will they be of in India.
Notifying the rules is easy. Ensuring they are followed, on the streets, in the backyards where smelting is actually done, is another ballgame altogether. Monitoring is the key here. As of today, innumerable illegal smelting units exist. Checking and monitoring them, ensuring adherance to the rules will be a a Herculean task for the authorities.
And let us assume monitoring does take place, the illegal smelting units are taken care of and all the used batteries come to the registered recycling units, would the formal sector have sufficient infrastructure to handle large amounts of lead waste? All of the 60,000 metric tonnes which is currently smelted illegally.
The rules talk of monitoring pollution, implying the presence of enforceable standards to compare transgressions with. Monitoring is pointless in a vaccum of comparative data. In India, there are no specific standards for emission of lead in the air, except in the state of Maharashtra.
However there are standards for its emission in water as effluent covered under the Water Pollution (Prevention and Control) Act, 1974. What emission standards are the lead smelting units going to follow? If there are no standards how can the rules be functional?
Recent mef notification on 'eco-friendly' lead-acid batteries says that units in the recycling business can get the eco-friendly mark, if required, under Environment Protection Act, 1986. But the fact remains that such a mark is not compulsory. The ambiguity persists.
Tentative though it maybe, it is a positive move by the government. The rules mean well. If implemented properly they can make a difference, if not, they will end up flowing down the drain of silent neglect.