Air (Prevention and Control of pollution) Act,1981.pdf

Pollution

1. UNIT II
PREVENTION & CONTROL OF WATER,
AIR, NOISE & LAND POLLUTION
THE AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT, 1981

2. INTRODUCTION TO AIR
POLLUTION
Airpollutionreferstothepresenceofharmfulorexcessivesubstancesinthe
Earth'satmosphere,whichcanhaveadverseeffectsontheenvironment,
humanhealth,andthewell-beingofotherorganisms.Thesesubstances,
knownasairpollutants,canbeintheformofgases,particulatematter,or
biologicalagents,andtheyareoftenreleasedintotheairasaresultof
humanactivities,naturalprocesses,oracombinationofboth.
DefinitionsofAirPollution
•WHO:Airpollutioniscontaminationoftheindoororoutdoor
environmentbyanychemical,physical,orbiologicalagentthatmodifies
thenaturalcharacteristicsoftheatmosphere.
•NRDC:Airpollutionreferstothereleaseofpollutantsintotheair—
pollutantsthataredetrimentaltohumanhealthandtheplanetasa
whole.
•NatGeo:Airpollutionconsistsofchemicalsorparticlesintheairthatcan
harmthehealthofhumans,animals,andplants.Italsodamages
buildings.

3. CAUSES OF AIR POLLUTION
Airpollutioniscausedbyavarietyoffactorsandsources,bothnaturaland
human-made.Thesesourcesreleasepollutantsintotheatmosphere,which
canhavedetrimentaleffectsonhumanhealth,theenvironment,andthe
overallqualityoftheairwebreathe.Someofthemaincausesofair
pollutioninclude:
1.EmissionsfromVehicles:Combustionenginesincars,trucks,andother
formsoftransportationreleasepollutantslikecarbonmonoxide(CO),
nitrogenoxides(NOx),volatileorganiccompounds(VOCs),and
particulatematter(PM)intotheair.Thisisasignificantsourceofurban
airpollution
2.IndustrialProcesses:Factoriesandmanufacturingfacilitiesrelease
variouspollutantsintotheair,includingsulfurdioxide(SO2),particulate
matter,VOCs,andheavymetals.Theseemissionscanresultfromthe
productionofchemicals,metals,cement,andotherproducts
3.PowerPlants:Coal-firedpowerplantsandotherfossilfuel-based
powergenerationfacilitiesemitpollutantssuchassulfurdioxide,
nitrogenoxides,mercury,andgreenhousegaseslikecarbondioxide
(CO2)

4. 4.Agriculture:Agriculturalactivitiescontributetoairpollutionthroughthe
releaseofammonia(NH3)fromlivestockwaste,methane(CH4)from
entericfermentationinanimals,andtheuseoffertilizersandpesticides,
whichreleaseVOCsandotherchemicalsintotheair
4.DeforestationandLandUseChanges:Clearinglandforagriculture,
urbandevelopment,andloggingcanreleaselargeamountsof
particulatematterandcontributetothelossofnaturalcarbonsinks,
leadingtoincreasedCO2levelsintheatmosphere
4.ConstructionandDemolition:Constructionactivitiesreleasedust,
particulatematter,andVOCsintotheair,especiallyinurbanareaswith
ongoingdevelopment
4.WasteandLandfills:Thedecompositionoforganicwasteinlandfills
generatesmethaneemissions,whilewasteincinerationcanrelease
pollutantslikedioxinsandfuransintotheair
5.NaturalSources:Volcaniceruptions,wildfires,andduststormsare
naturaleventsthatcanreleaselargeamountsofpollutantsintothe
atmosphere.Whiletheseeventsarenotunderhumancontrol,theycan
stillcontributetotemporaryspikesinairpollution

5. 9.ChemicalReactions:Someairpollutantsareformedthroughchemical
reactionsintheatmosphere.Forexample,ground-levelozone(smog)
isformedwhenNOxandVOCsreactinthepresenceofsunlight.
10.HouseholdActivities:Burningwood,coal,orothersolidfuelsfor
heatingandcookinginhouseholdswithoutproperventilationcan
releaseindoorairpollutants.Additionally,theuseofcertain
householdproductslikepaints,solvents,andcleaningagentscanemit
VOCs.
11.AirTravelandShipping:Aircraftandshipsemitpollutants,including
NOxandparticulatematter,whichcancontributetoairpollution,
especiallyinandaroundairportsandports.
12.NaturalSources:Naturalsourcesofairpollutionincludepollen,
spores,anddustfromplantsandtrees.Thesecanexacerbate
respiratoryproblemsforindividualswithallergiesorasthma.

6. AIR POLLUTANTS
Anairpollutantisanysubstanceorparticulatematterpresentintheairin
concentrationshigherthanwhatisconsiderednaturalornormalandthat
hasthepotentialtoharmhumanhealth,theenvironment,orproperty.
Thesesubstancescanbeintheformofgases,liquids,orsolidparticlesand
mayoriginatefromnaturalsourcesorhumanactivities.
MajorAirPollutant
•Particulatematter(PM):PMisacommonproxyindicatorforair
pollution.Thereisstrongevidenceforthenegativehealthimpacts
associatedwithexposuretothispollutant.Themajorcomponentsof
PMaresulfates,nitrates,ammonia,sodiumchloride,blackcarbon,
mineraldustandwater.
•Carbonmonoxide(CO):Carbonmonoxideisacolourless,odourlessand
tastelesstoxicgasproducedbytheincompletecombustionof
carbonaceousfuelssuchaswood,petrol,charcoal,naturalgas
andkerosene.

7. •GroundlevelOzone(O3):Ozoneatgroundlevel–nottobe
confusedwiththeozonelayerintheupperatmosphere–isoneof
themajorconstituentsofphotochemicalsmoganditisformed
throughthereactionwithgasesinthepresenceofsunlight.
•Nitrogendioxide(NO
2):NO
2isagasthatiscommonlyreleased
fromthecombustionoffuelsinthetransportationandindustrial
sectors.
•Sulfurdioxide(SO
2):SO
2isacolourlessgaswithasharpodour.Itis
producedfromtheburningoffossilfuels(coalandoil)andthe
smeltingofmineraloresthatcontainsulfur.
•VolatileOrganicCompounds(VOCs):VOCsareagroupoforganic
chemicalsthatcanvaporizeintotheairandcontributetothe
formationofground-levelozoneandsmog.Theyareemittedfrom
sourceslikeindustrialprocesses,vehicleexhaust,andtheuseof
solventsandpaints.
•HeavyMetals:Heavymetalssuchaslead,mercury,andcadmium
canbereleasedintotheairfromindustrialactivities,waste
incineration,andcertainnaturalsources.Thesepollutantscan
havetoxiceffectsonhumanhealthandtheenvironment.

8. •Ammonia(NH3):Ammoniaisreleasedintotheairfrom
agriculturalactivities,livestockwaste,andtheuseoffertilizers.It
cancontributetotheformationoffineparticulatematterand
harmairquality.
•Radon:Radonisaradioactivegasthatcanseepintobuildings
fromtheground.Prolongedexposuretoelevatedlevelsofradon
canincreasetheriskoflungcancer.
•IndoorAirPollution:Indoorairpollutionincludespollutantssuch
astobaccosmoke,householdchemicals,mold,andpoorly
ventilatedcombustionsourceslikestovesandheaters.Itcanhave
adverseeffectsonindoorairqualityandhumanhealth.
•BiologicalPollutants:Biologicalpollutantsincludeallergenslike
pollen,spores,andmold,aswellasmicroorganismslikebacteria
andviruses.Thesecanexacerbaterespiratoryconditionsand
causeallergies.
•ToxicAirPollutants:Thiscategoryincludesarangeofhazardous
airpollutants(HAPs),suchasbenzene,formaldehyde,and
dioxins,whichcanhaveserioushealtheffects,includingcancer
andneurologicaldisorders.

9. AIR QUALITY INDEX (AQI)
TheAirQualityIndex(AQI)isastandardizedmeasurementusedtoassess
andcommunicatethequalityofairinaspecificlocation.Itprovides
informationabouthowcleanorpollutedtheairisandthepotentialhealth
risksassociatedwiththecurrentairquality.AQIvaluestypicallyrangefrom
0to500,withlowervaluesindicatingbetterairqualityandhighervalues
indicatingworseairquality.TheAQIiscalculatedbasedonthe
concentrationsofspecificairpollutants.

10. INTRODUCTION TO AIR ACT
TheAir(PreventionandControlofPollution)Act,1981,isanimportant
environmentallegislationenactedbytheGovernmentofIndiatoaddress
theissueofairpollutioninthecountry.ThisActwasintroducedtoprovide
alegalframeworkfortheprevention,control,andabatementofair
pollution,aswellastoestablishinstitutionsandauthoritiesresponsiblefor
monitoringandregulatingairquality.
HereisabriefintroductiontothekeyfeaturesandobjectivesoftheAir
(PreventionandControlofPollution)Act,1981:
1.Objective:TheprimaryobjectiveofthisActistosafeguardand
improvethequalityofairinIndiabycontrollingandmanagingair
pollution.
2.RegulatoryAuthorities:TheActestablishesStatePollutionControl
Boards(SPCBs)andtheCentralPollutionControlBoard(CPCB)as
regulatoryauthoritiesresponsibleforenforcingairpollutioncontrol
measuresatthestateandnationallevels,respectively.Theseboards
areentrustedwithvariousfunctions,includingsettingstandardsfor
emissionsandambientairquality,conductingresearch,andissuing
permits.

11. 3.Standards and Regulations: The Act empowers these authorities to
prescribe standards for emissions from industries and other sources, and
for ambient air quality in different areas. Industries are required to comply
with these standards to minimize emissions of pollutants into the
atmosphere.
4.Permit System: It mandates industries to obtain consent or permits from
the respective State Pollution Control Boards before establishing or
operating. These permits specify the conditions and limits for emissions and
are granted based on compliance with pollution control measures.
5.Monitoring and Enforcement: The Act grants the regulatory authorities the
power to monitor air quality, conduct inspections, and take enforcement
actions against violators. This includes issuing directions to industries to
mitigate pollution and even shutting down non-compliant facilities.
6.Penalties: The Act prescribes penalties for violations, including fines and
imprisonment for individuals and organizations found guilty of contravening
its provisions.
7.Public Participation: It encourages public participation in environmental
protection by allowing citizens to file complaints against air pollution
sources and participate in public hearings related to environmental
clearances and permits.

12. IMPORTANT DEFINITIONS
•This act extends to whole of India, in contrast to Water Act,
which applies to 13 states.
•Section 2(a): Air Pollutant
•Section 2(b):Air pollution
•Section 2(c) & (d): Approved Appliances and Approved Fuel
•Section 2(h): Chimney
•Section 2(i): Control Equipment
•Section 2(j): Emissions
•Section 2(k): Industrial Plants
•Section 2(m): Occupier

13. CENTRAL POLLUTION CONTROL BOARDS (Section 3)
•Same as the board constituted in Section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974)
STATE POLLUTION CONTROL BOARDS (Sections 4 & 5)
•If in the state a water pollution control board already exists, then that
board will also act as an air pollution control board
•If the board doesn’t exist in the state, then an Air pollution control board
will be constituted under Section 5 of the act
–1 chairman, with special knowledge or practical experience in the
field of environmental protection
•Nominated by the state government
•Can be a part-time or full-time member
–Maximum 5 nominated from state government
–Maximum 5 nominated from local authorities
–Maximum 3 nominated from agriculture, fishery or industry
CONSTITUTION OF CENTRAL & STATE
POLLUTION CONTROL BOARDS

14. –2 nominated from a company or corporation, governed or controlled by the
state government
–1 full time member secretary
–Among above at least 2 members shall have special knowledge or practical
experience in respect of matters relating to the improvement of the quality
of air or the prevention, control or abatement of air pollution.

15. Section 7 of the act
Same as water act
TERMS AND CONDITIONS OF SERVICE
MEMBERS OF THE BOARDS

16. Section 8 of the act
Same as water act
DISQUALIFICATIONS OF MEMBERS OF
THE BOARD

17. Section 16 of the act
More or less same as water act
*read section 20, air act
FUNCTIONS OF CENTRAL POLLUTION
CONTROL BOARD

18. AIR POLLUTION CONTROL AREAS
SECTION 18, Power to give direction same as Water Act.
Section 19:-Power to Declare Air Pollution Control Areas
•State Government after due consultation with the State Board
•By notification in the official Gazette
•What can be notified in the Gazette
–Declaration of Air pollution control areas
–Alter air pollution control area by means of
•Extension
•Reduction
–Merger one or more already declared pollution control areas
•State Government after consultation with the State Board
–If the government is of the opinion
–Any fuel other than approved fuel may cause or is likely to cause pollution
–Prohibit the use of such fuel in specified areas or any part of that area
–Notification will be in the official Gazette
–Prohibition will be held applicable, 3 months after the notification of
prohibition or any period specified after 3 months

19. •State Government after consultation with the State Board
–Prohibit use of any appliance or than the approved appliances
–Notification will be in the official Gazette
–Prohibition is the specified areas, applicable from the mentioned
date
–Different areas can have different dates
•State Government after consultation with the State Board prohibit
burning of any material other than approved fuel, by notification in the
official Gazette

20. POWER TO ENTRY AND INSPECTION
•Section 24 of the air act and Section 23 of the water act
•Section 24(1) is same
•Section 24(4) is same as Section 23(2) of the water act
•Section 24(2):Every person operating any control equipment or any industrial
plant, in an air pollution control area shall be bound to
–Render all assistance to the person empowered by the board
–To carryout, function authorized by the board
–If the person fails to do so, he will be held liable under the act
•Section 24 (3)If any person willfully delays or obstructs any person empowered
by the State Board under sub-section (1) in the discharge of his duties, he shall
be guilty of an offence under this Act.

21. CONSENT REQUIREMENT
•Section 25 of the Water Act
•Section 21 of Air Act: Restrictions on Use of Certain Industrial Plants
–No person is allowed, with the consent of the board to establish or operate
any industrial plant (factory, industry) in an air pollution control area
–If the plant exists before the commencement of Section 9 of the Air
(Prevention and Control of Pollution) Amendment Act, 1987
•Will have to make an application within 3 months of the
commencement of the act
–Application for consent of plant shall be accompanied by the prescribed fee
–If a person is operating a plant in an area that was later notified as an air
pollution control area, then
•He/she will have to make an application of consent to the board within
a period of 3 months
•During the period of consideration of the application, he shall be
deemed to be operating the plant with the consent of the board
–the state may make inquiry as it deems fit regarding the
application

22. •Within the period of 4 months of receiving the application, the board shall
–By order in writing
–The reason for the decision shall be recorded in writing in the order
–Can
•Grant the consent
•Grant the consent subjected to certain conditions
•Refuse the consent
•The period of the consent can be specified by the board
•The board is empowered to cancel the consent before the specified
period
–If the condition with which the consent is given has not been
complied with
•Reasonable opportunity shall be given to the plant owner before
refusal or cancellation
–The person who has been given consent shall comply with the following
conditions
•Control equipment shall be used as per the specification of the board
•Existing control equipment shall be altered or replaced in accordance
with the directions of the board
•chimney as per the specification of the board shall be erected or re-
erected as per the requirement

23. –To declare any area as an air pollution control area, a period of 6 months or
more than 6 months shall be provided
–If a person has the consent of the board to operate the plant and transfer his
plant to some other person, then the consent is also deemed to be
transferred to that other person
•That other person thereafter shall also be bound to comply with the
conditions specified by the board
•Any alteration to equipment or chimney cannot be made without the
prior consent of the board
•Section 22: Persons Carrying on Industry, Etc., not to Allow Emission of Air
Pollutants in Excess of the Standards Laid Down by State Board
–In any designated air pollution control zone, it is prohibited for any individual
or entity operating an industrial facility to release or to allow the release of,
air pollutants in quantities exceeding the standards established by the State
Board according to Section 17, sub-section (1), clause (9)

24. SAMPLE OF EFFULENTS
•Section 21 of Water Act
•Section 26 of Air Act: Power to take Samples of Air or Emission and
Procedure to be followed in Connection Therewith
–Most of the provision is the same
–Source from where the sample is to be taken is different
•Stream, well, sewage, trade effluent is changed with chimney,
flue, duct or any other outlet.

25. CITIZEN SUIT PROVISION
•Section 49 of the Water Act
•Section 43 of the Air Act
–Section 29, CrPC delimitation is not provided under the
Air Act, unlike what was present in the Water act
–Under this section the Board has the discretion to
withhold any report from being made accessible to an
individual if it deems that doing so would be
detrimental to the public interest

26. PENALITIES & PUNISHMENTS
Refer to this link
https://nyaaya.org/legal-explainer/what-are-
the-offences-and-punishments-under-air-
pollution-laws/