Washington: The United States Environmental Protection Agency (USEPA) will focus on helping India strengthen its environmental compliance and enforcement mechanisms, as part of a collaborative programme.

Self-monitoring (industry monitoring its performance vis-à-vis environmental laws, rules and regulations) and providing greater space to civil administrative authority in enforcement of environmental requirements are among the issues identified by the USEPA as part of its efforts to help Indian agencies improve environmental governance.

Mamie R. Miller, who was part of the Agency's study team and is now chief, Air Compliance Branch, Compliance Assessment and Media Programs Division, Office of Compliance, Office of Enforcement and Compliance Assurance in the USEPA, refers to reservations in India over the idea of self-monitoring. In the U.S. too, when the concept was introduced, there was scepticism. "But, we [government agencies] cannot police every time everywhere," she said, in an interaction with participants from India and Pakistan who are in the U.S. as part of an International Visitor Leadership Project on environmental sustainability.

Five years ago, the Union Environment and Forests Ministry and the USEPA signed a memorandum of understanding on cooperation in environmental protection. The Environment Track of the U.S.-India Economic Dialogue was also established.

According to the USEPA study, individual facilities in India gather and maintain an enormous amount of information on compliance but the authorities do not use the data to document violations and initiate enforcement action in courts of law. However, in several countries, self-monitoring, self-record keeping and self-reporting are being recognised as part of providing essential data to supplement and support inspections. Apart from the U.S., Germany and the U.K. use such data. Thailand, Japan and Mexico are expanding such use of information.

Noting that actions against violations of environmental laws are generally sought to be taken through the criminal judicial system in India, Ms. Miller says the courts are already overwhelmed with cases.

Also, there is no effective enforcement tool to compel facilities to comply continuously with environmental requirements, especially those that do not have an immediate, direct impact but may involve significant emission reduction. This is why the Agency has suggested that current legal provisions be utilised to establish civil administrative authority; set up infrastructure to manage administrative cases and develop the necessary enforcement response and penalty policies.

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