The Air (Prevention & Control of Pollution) Act, 1981

1. Definitions

Air Pollution:

• Air Pollution Means presence in the atmosphere of any air pollutant.

Air Pollutant:

• Air Pollutant means any solid, liquid, or gaseous substance, including noise, present in the atmosphere in such concentration as may or tend to be injurious to human being or other living creatures or plants or property or environment.

Reasons for Air Pollution:

1. Fossil fuel burning – The combustion of coal, oil, and gas for electricity, transport, or heating releases harmful gases like sulphur dioxide, nitrogen oxides, and particulate matter.
2. Vehicle emissions – Exhaust from automobiles, trucks, trains, and planes delivers significant quantities of carbon monoxide, nitrogen oxides, and fine particles into the air.
3. Industrial processes – Factories, refineries, and power plants emit pollutants such as heavy metals, hydrocarbons, and sulphur oxides, degrading air quality.
4. Agricultural activities – Use of fertilizers, pesticides, and burning of crop residue release ammonia, methane, and other toxic substances into the air.
5. Wildfires and natural sources – Wildfires, volcanic eruptions, and dust storms contribute to air pollution by increasing particulate matter and releasing toxic gases.
6. Household sources – The use of wood stoves, burning solid fuels, tobacco smoke, and toxic cleaning products pollute indoor air, affecting health, especially in poorly ventilated homes.
7. Waste burning – Open burning of waste and improper management of garbage creates hazardous smoke and toxic emissions that contaminate the atmosphere.
8. Construction and mining – Dust and chemicals from construction sites and mining operations add large amounts of particulate matter to the air.
9. Biological and indoor sources – Mold, pollen, animal dander, poor ventilation, and VOCs from paints and household products further pollute indoor air environments.

2. Aims & Objectives

Aim:

• The aim of The Air (Prevention & Control of Pollution) Act, 1981 is to provide a legal framework for the prevention, control, and reduction of air pollution in India, protecting public health and the environment.

Objectives:

1. Prevention – To prevent the emission of air pollutants from industrial, vehicular, and other sources.
2. Control – To regulate and monitor activities that contribute to air pollution through empowered central and state boards.
3. Abatement – To reduce or eliminate existing pollutants from the atmosphere by enforcing standards and corrective actions.
4. Air quality improvement – To ensure better air quality for the protection of human health, vegetation, and property.
5. Regulatory authorities – To establish the Central Pollution Control Board and State Pollution Control Boards for implementing and enforcing air quality norms.
6. Public awareness – To educate and inform the public about the dangers and prevention of air pollution.
7. Environmental conservation – To protect and preserve the ecological balance and promote sustainable development.

3. Constitution & Powers of Boards

The Constitution and Powers of the Boards under The Air (Prevention & Control of Pollution) Act, 1981 are as follows:

Constitution of Boards

• Central Pollution Control Board (CPCB): Constituted under Section 3 of the Act, it is the central authority responsible for prevention and control of air pollution nationwide. It advises the Central Government and coordinates activities among State Boards.
• State Pollution Control Boards (SPCBs): Constituted under Section 5, these boards operate at the state level. States with existing Water Pollution Boards under the Water (Prevention & Control of Pollution) Act are designated as State Boards for Air Pollution Control. The boards include a Chairman, members nominated by the State Government, representatives of local authorities, and non-official members representing public and industry interests.

Powers of the Boards

• Power to give directions: The Central Board follows directions of the Central Government, and State Boards follow their respective State Governments. The Central Government can override State Board actions in emergencies and enforce compliance.
• Regulatory Powers: Boards can issue directions for closure, prohibition, or regulation of any industry or process causing air pollution. They may also regulate supply of water, electricity, or other services to such industries.
• Declare air pollution areas: State Governments, after consultation with the State Board, can declare any area as an "air pollution control area" to focus strict controls there.
• Monitoring and standards: The Central Board lays down air quality standards and emission standards. State Boards monitor, inspect industries and vehicles, and enforce compliance with these standards.
• Investigations and research: CPCB conducts research and provides technical assistance to State Boards to efficiently control air pollution.
• Legal actions: Boards can apply to courts to restrain any person causing air pollution and take enforcement actions for violations.
• Training and public awareness: Boards plan and organize training for personnel engaged in air pollution control and promote mass awareness campaigns.

The Act thus establishes a hierarchical regulatory system with the CPCB at the center overseeing state boards, empowered with comprehensive functions to regulate, monitor, enforce, and promote air quality improvement across India.

4. Prevention and Control of Air Pollution

Under The Air (Prevention & Control of Pollution) Act, 1981, the prevention and control of air pollution include a set of measures and powers to regulate emissions and improve air quality:

Prevention and Control Measures

1. Declaration of Air Pollution Control Areas: 
• State Governments, after consulting State Boards, can declare specific areas that require stringent air pollution controls to contain pollution locally.
2. Emission Standards: 
• The Act empowers the Central Pollution Control Board (CPCB) to set standards for the quality of air and permissible emission levels from industries, vehicles, and other sources, which the State Boards enforce.
3. Regulation on Industrial Plants: 
• Restrictions are placed on the use of certain industrial plants and processes that emit excessive pollutants to prevent air quality deterioration.
4. Automobile Emission Controls: 
• Powers are given to issue instructions ensuring emission standards for automobiles, aiming to reduce vehicular pollution.
5. Inspection and Monitoring: 
• State Boards monitor air pollution sources by sampling and inspecting emissions to ensure compliance with the prescribed standards.
6. Legal Authority to Restrain Polluters: 
• Boards can apply to courts to restrain individuals or industries from activities causing air pollution beyond permissible limits.
7. Penalties for Violations: 
• The Act imposes penalties such as fines and imprisonment for failure to comply with the regulations governing air pollution control.
8. Public Awareness and Technical Support: 
• The Act mandates efforts to educate the public and provide technical expertise through the Boards to promote pollution control measures.

Penalties

1. Failure to comply with Sections 21, 22, or directions under Section 31A: 
• Imprisonment up to 1 year and 6 months, extendable to 6 years with fines.
• Additional daily fines of up to ₹5,000 apply if non-compliance continues after conviction.
2. Destroying or defacing Board property, obstructing Board officials, or failing to provide required information: 
• Punishable with imprisonment up to 3 months, or a fine up to ₹10,000, or both.
3. Operating industrial plants without proper consent or exceeding emission limits: 
• Imprisonment from 1.5 to 6 years with fines; continuation beyond one year may lead to imprisonment up to 7 years with fines.
4. Giving false information or making false statements to obtain permissions: 
• Subject to penalties similar to other offenses, including fines and imprisonment.
5. Obstruction or delay in inspections: 
• Offenders can be punished under the Act.
6. Penalties for repeat violations: 
• Fines increase with repeated offenses; for example, vehicle emissions violations may result in fines of ₹1,000 for the first offense and ₹2,000 for the second.
7. Government departments violating provisions:
• Specific penalties under the Act apply, including fines and imprisonment as appropriate.
8. Failure to notify excessive emissions: 
• Offenders liable for penalties starting at ₹10,000, with potential fines extending to ₹15 lakh plus daily penalties for ongoing violations.

Steps need to be taken:

1. Strengthening Regulatory Enforcement

• Enhance monitoring and inspection to ensure strict compliance with emission standards and pollution control measures.
• Impose stricter penalties on repeat offenders and industries violating pollution norms to deter non-compliance.

2. Expanding Pollution Control Infrastructure

• Upgrade and expand pollution control equipment and technologies in industries and vehicles.
• Promote adoption of cleaner technologies and renewable energy sources to reduce dependence on fossil fuels.

3. Increasing Public Awareness and Participation

• Launch widespread public education campaigns about the health and environmental impacts of air pollution.
• Encourage community involvement in reporting pollution violations and support for local pollution control initiatives.

4. Enhancing Coordination Among Authorities

• Improve coordination between Central Pollution Control Board, State Boards, local bodies, and enforcement agencies.
• Facilitate sharing of data, research, and best practices for cohesive pollution management strategies.

5. Policy and Legislative Updates

• Periodically review and update air quality standards and legal frameworks to address emerging pollution sources.
• Introduce incentives for industries and individuals adopting sustainable and pollution-free practices.

6. Promoting Research and Innovation

• Fund research on pollution sources, health impacts, and innovative mitigation technologies.
• Support development of cost-effective pollution monitoring and control solutions adaptable to diverse contexts.

7. Urban Planning and Sustainable Transport

• Incorporate pollution control in urban planning to reduce vehicular and industrial emissions.
• Promote public transport, non-motorized transport, and electric vehicles to reduce air pollution levels.

Conclusion

In conclusion, The Air (Prevention & Control of Pollution) Act, 1981 stands as a foundational legal framework in India dedicated to preventing, controlling, and abating air pollution. It establishes Central and State Pollution Control Boards with comprehensive powers to set standards, monitor emissions, enforce environmental laws, and initiate legal actions against polluters. The Act aims to safeguard public health, property, and the environment through regulatory oversight and public awareness efforts.