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AIR POLLUTION & ITS LEGISLATIONS -

INDIA

Presentation By : Nandini Nim (626)

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News- THE HINDU 12THSEP04

CO2 CONCENTRATION IN ATMOSPHERE UNPRECEDENTED

LONDON witnessed first three digit Fahrenheit temp.

15000 people died in France due to high temp. ( 1873)

2003 in A.P. Heat wave started on May 16 and continuedfor 27 days averaging 47 degrees Celsius

Globally no. of hot days has increased

continental precipitation has risen by 5-10%

Glaciers and snow covers are reducing at a rapid rate Frequency of natural disasters has increased

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What is Air Pollution?

Air pollution

Introduction intothe atmosphere of chemicals, particulates, or biological

materials that cause discomfort, disease, or death tohumans, damage other living organisms such as foodcrops, or damage the natural environment or builtenvironment.

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Sources of air pollution

Fuelbyproducts

Completeburning

CO2

H2O

IncompleteBurning

CO

Fromimpurities

SO2

NO, NO2

OtherSources

ozone(groundlevel)

Lead

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Volatiles (paint

solvents , etc.)

Indoor Air

Pollution

Particulates(SPM

) and aerosols

Natural

Pollen, dust, saltspray,

Smoke for forestfires

Anthropogenic

Smoke and Soot

Fly ash

Dust

Secondary Airpollutants (due

to reactions inthe air)

Smog Acid rain

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Effects of Air Pollution

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Air pollution is like a slow poison. Theill effects of air pollution are not seenimmediately. But over a long period of

time, the pollutants present in air

damage our health and property.

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1. Air pollution can cause breathing difficulties(respiratory problems) and diseases such asasthma, lung cancer, tuberculosis and pneumonia.

2. Air pollution can cause carbon monoxide poisoningleading to suffocation and even death.

3. Air pollution can cause acid rain which damagescrop plants, trees, buildings, monuments, statuesand metal structures; and make the soil acidic.

4. Air pollution causes depletion of ozone layer due towhich ultraviolet radiations can reach the earth andcause damage.

5. Air pollution causes green house effect (or globalwarming) which leads to excessive heating of theearth and its atmosphere.

6. Occupational Hazards

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AIR ( PREVENTION AND CONTROL OFPOLLUTION)ACT1981

Chapter II- CENTRAL AND STATE BOARDS FOR THE PREVENTIONAND CONTROL OF AIR POLLUTION

CPCB: The CentralPollution Control Board

constituted under section3 of the Water

(Prevention and Controlof Pollution) Act, 1974 (6

of 1974) .

SPCB: State PollutionControl Boards constitutedunder section 4 of Act 6 of1974 to be State Boards

under this Act.

Central Board to exercisethe powers and performthe functions of a State

Board in the UnionTerritories

An Act to provide for the prevention, control and abatement of airpollution.

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EFFORT OF WORLD BODIES

Montreal Protocol

1992 Earth Summit in Rio de Janeiro

Kyoto protocol

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Greenhouse

gasesCarbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons(HFCs)

Perfluorocarbons(PFCs)

Sulphur hexafluoride(SF6)

Sectors/sourcecategories

Energy

Fuel combustion

Energy industries

Manufacturingindustries andconstruction

Transport

Other sectors

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In the Constitution of India it is clearly stated that it is the duty of the state toprotect and improve the environment and to safeguard the forests andwildlife of the country.

It imposes a duty on every citizen to protect and improve the naturalenvironment including forests, lakes rivers and wildlife. Reference tothe environment has also been made in the Directive Principles of State Policy

as well as the Fundamental Rights.

The Department of Environment was established in India in 1980 to ensure ahealthy environment for the country. This later became the Ministry ofEnvironment and Forests in 1985.

The constitutional provisions are backed by a number of laws acts, rules andnotifications. The Environment Protection Act of 1986(EPA) came intoforce soon after the Bhopal Gas Tragedy and is considered an umbrellalegislation as it fills many gaps in the existing laws.

AIR POLLUTION CONTROL LEGISLATIONS

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1948 Factories Act and Amendment in 1987

the first to express concern for the working environment ofthe workers. The amendment of 1987 has sharpened itsenvironmental focus and expanded its application tohazardous processes.

1981 Air (Prevention and Control of Pollution) Act

provides for the control and abatement of air pollution. Itentrusts the power of enforcing this act to the CentralPollution Control Board.

1982 Air (Prevention and Control of Pollution) Rules

defines the procedures of the meetings of the Boards and thepowers entrusted on them.

1982 Atomic Energy Act

deals with the radioactive waste.

1987 Air (Prevention and Control of Pollution)Amendment Act

empowers the central and state pollution boards to meetwith grave emergencies of air pollution.

CHRONOLOGY OF AIR POLLUTION CONTROL LEGISLATIONS

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CSE STUDY

About 78% cities (141 cities) exceed the standard set forparticulate matter of size below 10 microns (PM10). As manyas 90 cities have critical levels of PM10 and of this, 26 citieshave most critical levels of PM10, exceed the standard bymore than 3 times. Gwalior, West Singbhum, Ghaziabad,

Raipur, and Delhi are top five critically polluted cities. The PM10 monitoring network has doubled between 2005

and 2010 - it has increased from 96 to 180 cities. Duringthis period the cities with low level of pollution has fallenfrom 10 to 2 and the number of critically polluted cities have

increased from 49 to 89 cities. In 2005 about 75% of citiesexceeded the standard. In 2010, a total of 78% of cities areexceeding the standard," CSE said

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The Central Pollution Control Board (CPCB) considers air to be clean ifthe levels are below 50 per cent of the prescribed standards forpollutants.

During 2007 only 2 per cent cities have low air pollution on the basis ofPM

10. In about 80 per cent of cities (of a total of 127 cities/towns

monitored under the NAMP) at least one criteria pollutant exceeded theannual average ambient air quality standards.

This has serious public health implications. There are very few cities,which can be termed clean keeping PM10 levels (respirable particulates)as criteria however over the years SO2 levels have fallen sharply inmany cities but the NO2 levels are increasing in many cities.

The skies over North India are seasonally filled with a thick soupof aerosol particles all along the southern edge of theHimalayas, Bangladesh and the Bay of Bengal.- NASA researchfindings.

India has the worst air pollution in the entire world, beating China,

Pakistan, Nepal and Bangladesh, according to a study released duringthis years World Economic Forum in Davos

The World Health Organization estimates that about two million peopledie prematurely every year as a result ofAir pollution

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AIR ACT, 1981

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CHAPTER I : PRELIMINARY

Short title, extent & commencement

Definitions

- "air pollutant" means any solid, liquid or

gaseous substance [including noise] present inthe atmosphere in such concentration as maybe or tend to be injurious to human beings orother living creatures or plants or property orenvironment

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CHAPTER 2 : CENTRAL AND STATE BOARDS FORTHE PREVENTION AND CONTROL OF AIR

POLLUTION

Central Pollution Control Board

State Pollution Control Boards constitutedunder section 4 of Act 6 of 1974 to be StateBoards under this Act

Terms and conditions of service of members

Constitution of State Boards

Central Board to exercise the powers and

perform the functions of a State Board in theUnion Territories

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CHAPTER 3 : POWERS AND FUNCTIONS OFBOARDS

Functions of Central Board advise the Central Government on any matter concerning the

improvement of the quality of air and the prevention, control orabatement of air pollution

plan and cause to be executed a nation -wide programme for theprevention, control or abatement of air pollution

co-ordinate the activities of the State Boards and resolve disputesamong them

provide technical assistance and guidance to the State Boards, carryout and sponsor investigations and research relating to problems of airpollution and prevention, control or abatement of air pollution

plan and organize the training of persons

organize through mass media a comprehensive programme

lay down standards for the quality of air

collect, compile and publish technical and statistical data relating to airpollution and the measures devised for its effective prevention, control

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Functions of State Boards to advise the State Government on any matter

concerning the prevention, control or abatementof air pollution

to inspect, at all reasonable times, any control

equipment, industrial plant or manufacturingprocess

to inspect air pollution control areas at suchintervals as it may think necessary, assess thequality of air therein

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CHAPTER 4 : PREVENTION AND CONTROL OFAIR POLLUTION

Power to declare air pollution control areas

Power to give instructions for ensuring standards for emission fromautomobiles

Restrictions on use of certain industrial plants

Person carrying on industry, etc. not to allow emission of air pollutantsin excess of the standards laid down by State Board

Power of entry and inspection

Power to obtain information Power to take samples of air or emissionand procedure to be followed in connection therewith

Reports of the result of analysis on samples taken under section 26

State Air Laboratory

Analysts

Reports of analysts

Appeals

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CHAPTER 5 : FUND, ACCOUNTS AND AUDIT

Contribution by Central Government

Fund of Board

Borrowing powers of Board

Budget

Annual report

Accounts and audit

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CHAPTER - 6 PENALTIES AND PROCEDURE

Offences by companies- ( 18 m/6 Yrs/5000)

Offences by government departments

Protection of action taken in good faith

Reports and returns

Bar of jurisdiction

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CHAPTER 7 - MISCELLANEOUS

Power of State Government to supersede StateBoard

Dissolution of State Boards constituted under the

Act

Maintenance of register

Power of Central Government to make rules

Power of State Government to make rules

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Ambient Air Quality of Mumbai for January 2004

Location Type

of

Are

a

Sulphur dioxide Nitrogen dioxide RespirableSuspended

Particulate Matter

Suspended

Particulate Matter

Av

g.Std.

Devn Av

g.Std.

Devn Av

g.Std.

Devn Av

g.Std.

Devn

Parel I 8 2 8 32 9 8 147 75 8 401 158 8

Worli R 17 17 8 37 19 8 117 46 8 299 72 8

Kalbadevi R 8 2 8 38 10 8 119 42 8 344 76 8

Pollutants Time- Concentration in ambient air Method of measurement

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weighted

average Industrial Areas Residential,Rural & other

Areas

Sensitive Areas

SulphurDioxide (SO2) Annual

Average*80 g/m3 60 g/m3 15 g/m3 - Improved West and Geake

Method

- Ultraviolet Fluorescence24 hours** 120 g/m3 80 g/m3 30 g/m3

Oxides ofNitrogen as

(NOx)

AnnualAverage*

80 g/m3 60 g/m3 15 g/m3 - Jacob & Hochheiser Modified(Na-Arsenite) Method

24 hours** 120 g/m3 80 g/m3 30 g/m3 - Gas Phase Chemiluminescence

Suspended Particulate

Matter (SPM)Annual

Average*360 g/m3 140 g/m3 70 g/m3 - High Volume Sampling, (Average flow

rate not less than 1.1 m3/minute).

24 hours** 500 g/m3 200 g/m3 100 g/m3

RespirableParticulateMatter (RPM) (size

less than 10 microns)

AnnualAverage*

120 g/m3 60 g/m3 50 g/m3 - Respirable particulate mattersampler

24 hours** 150 g/m3 100 g/m3 75 g/m3

Lead (Pb) AnnualAverage*

1.0 g/m3 0.75 g/m3 0.50 g/m3 - ASS Method after samplingusing EPM 2000 or equivalent

Filter paper24 hours** 1.5 g/m3 1.00 g/m3 0.75 g/m3 .

Ammonia1 Annual

Average*

0.1 mg/ m3 0.1 mg/ m3 0.1 mg/m3 .

24 hours** 0.4 mg/ m3 0.4 mg/m3 0.4 mg/m3 .

CarbonMonoxide (CO) 8 hours** 5.0 mg/m3 2.0 mg/m3 1.0 mg/ m3 - Non Dispersive Infra Red (NDIR)

1 hour 10.0 mg/m3 4.0 mg/m3 2.0 mg/m3 Spectroscopy

*

Annual Arithmetic mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval.

**

24 hourly/8 hourly values should be met 98% of the time in a year. However, 2% of the time, it may exceed but not on two

consecutive days.

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AIR PREVENTION & CONTROL RULES, 1982

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In exercise of the powers conferred by section 53 of AirPrevention and Control of Pollution) Act, 1981 (14 of 1981) theCentral Government in consultation with the Central Board forthe Prevention and Control of Water Pollution hereby makes the

following rules, namely .-

1. Chapter 1- PRELIMINARY

2. Chapter 2 -PROCEDURE FOR TRANSACTION OF BUSINESSOF THE BOARD AND ITS COMMITTEES

3. Chapter 3

4. Chapter 4 -TEMPORARY ASSOCIATION OF PERSONS WITHTHE CENTRAL BOARD

5. Chapter 5 -BUDGET OFTHE CENTRAL BOARD

6. Chapter 6 -ANNUAL REPORT OFTHE CENTRAL BOARD

7. Chapter 7 -ACCOUNT OF THE CENTRAL BOARD

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Chapter-1 Preliminary

Short title & commencement

Definitions - In these rules unless the context otherwise requires.-

"Act" means the Air (Prevention and Control of Pollution) Act, 1981;

"Chairman" means the Chairman of the Central Board;"form" means a form set out in the Schedules;

"meeting" means a meeting of the Central Board or a meeting of Committeeconstituted by the Central Board;

"member Secretary" means the member secretary of the Central Board;

"Schedule" means a Schedule appended to these rules;

"section" means a section of the Act;

"year" means the financial year commencing on the 1st day of April;words and expressions not defined in these rules but defined in the Act shallhave the meaning assigned to them in the Act.

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Chapter -2 Procedure for transaction ofbusiness of the board and its committees

Notice of Meetings

Meeting of the Central Board shall be held on such dates as may befixed by the Chairman.

The Chairman shall, upon a written request of not less than five

members of the Central Board or upon a direction of the CentralGovernment, call a special meeting of the Central Board.

Fifteen clear days' notice of an ordinary meeting and three days' noticeof a special meeting specifying the time and the place at which suchmeeting is to be held and an agenda of business to be transactedthereat, shall be given by the member-secretary or Chairman to themembers or any other officers of the Board.

No member shall be entitled to bring forward for the consideration of ameeting any matter of which he has not given ten clear-day's notice tothe member Secretary unless the Chairman, in his discretion, permitshim to do so.

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Presiding Officer

Every meeting shall be presided over by the Chairman and in his absence, by a presidingofficer to be of elected by the members present from amongst themselves.

All questions to be decided by majority

All questions at a meeting shall be decided by-a majority of votes of members presentand voting shall be by raising of hands in favour of the proposal.

Quorum

Five members shall form the quorum for any meeting.

If at any time fixed for any meeting or during the course of any meeting a quorum is notpresent, the Chairman or presiding member shall adjoin the meeting and if a quorum isnot present after the expiration of fifteen minutes from such adjournment, the presiding

officer shall adjourn the meeting to such time on the following or on such other futuredate as he may fix.

Minutes

Record of the proceedings of every meeting along with the names of members whoattended the meeting shall be kept by the member-secretary in a book maintained byhim exclusively for the purpose.

The minutes of the previous meeting shall be read at the beginning of every succeedingmeeting and shall be confirmed and signed by the Chairman or presiding officer at suchmeeting,

Maintaining order at meetings.

The Chairman or presiding officer shall preserve order at a meeting.

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Business to be transacted at a meeting

No business shall be transacted in the meeting without quorum.

Except with the permission of the chairman or presiding officer, no business which is

not entered in the agenda or of which notice has not been given by a member undersub-rule (5) of the rule 3, shall be transacted at any meeting.

Order of business

At any meeting business shall be transacted in the order in which it is entered in theagenda circulated to the members under sub-rule (3) of rule 3.

Either at the beginning of the meeting or after the conclusion of the debate on amotion during the meting, the Chairman or presiding officer or a member may suggesta change in the order of business as entered in the agenda and if the majority of themembers present agree, the Chairman or presiding officer shall agree to such achange.

Procedure for transaction of business of committeesconstituted by the Board under sub-section (1) of Section 11

The time and place of the meting of a committee constituted by the Central Boardunder sub-section (I) of section 11 shall be as specified by the Chairman of thecommittee.

Provision of Chapter-2 of these rules shall as far as practicable, apply to the meeting ofthe committee constituted under section 11.

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CHAPTER 3

A member of a committee other than a member of the Board

shall be paid

an allowance of rupees fifty if he is a resident of Delhi andrupees seventy-five (inclusive of daily allowance)

travelling allowance at such rate as is admissible to a grade Iofficer of the Central Government in the case of non resident,for each day of the actual meeting of the committee which heattends.

Provided that in case of a member of Parliament who is also amember of the Central Board, the said daily and travellingallowances will be admissible when the Parliament is not in

session and on production of a certificate by the member thathe has not drawn any such allowance for the same journey andhalts from any other Government source.

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Chapter 4 - Temporary Association of Personswith the Central Board

Manner and purpose of Association of persons with theCentral Board under sub-section (1) of section 12

The Central Board may invite any person whose assistance or advise isconsidered useful in performing any of its functions, to participate in thedeliberations of any of its meetings or the meetings of a committee

formed by it

Fees and allowances to be paid to such temporaryassociation of persons under sub-section (3) of section 12

If the person associated with the Board under rule 13 happens to be anon-official resident in Delhi, he shall be entitled to get an allowance of

rupees fifty per day for each day of actual meeting of the Central Boardin which he is so associated.

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If such person is non-resident of Delhi, he shall be entitled to

get an allowance of rupees seventy five per day (inclusive ofdaily allowance) for each day of actual meeting of the CentralBoard when he is so associated and also to travelling allowanceat such rates as is admissible to a grade I officer of the CentralGovernment.

Notwithstanding anything in sub-rules (I) and (2) if such personis a

Government servant or an employee in a Government undertaking,he shall be entitled to travelling and daily allowances only at therates admissible under the relevant rules applicable to him:

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Chapter 5- Budget of the Central Board

Form of budget estimates underSection 34

The form in which and time within which the budget may beprepared and provided and forwarded to the governmentshall be as provided in forms I, II, III and IV of Schedule 1.

The estimated receipts and expenditure shall beaccompanied by the revised budget estimates for the currentyear.

The budget shall, as far as may be, based on the accountheads specified in Schedule II.

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Chapter 6 Annual report of the CentralBoard

Form of Annual Report under section 35

The annual report in respect of the year last endedgiving a true and full account of the activities of theCentral Board during the previous financial year shallcontain the particulars specified in Schedule 111 and

shall be submitted to the Central Government by 15th ofMay each year.

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Chapter 7 - Account of the Central board

Form of annual statement of accounts of the CentralBoard under section 36

The annual statement of accounts of the Central Board shall bein forms V to IX.

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NAMP

Central Pollution Control Board initiated NationalAmbient Air Quality Monitoring (NAAQM)programme in the year 1984 with 7 stations atAgra and Anpara. Subsequently the programmewas renamed as National Air Monitoring

Programme (N.A.M.P.). The number ofmonitoring stations under N.A.M.P. hasincreased, steadily, to 295 by 2000-01 covering99 cities/towns in 28 States and 4 UnionTerritories of the country.

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NAMP

Under N.A.M.P., four air pollutants viz., Sulphur Dioxide(SO2), Oxides of Nitrogen as NO2 and SuspendedParticulate Matter (SPM) and Respirable SuspendedParticulate Matter (RSPM/PM10)

Observed annual mean concentration of criteria pollutant

Exceedence Factor = ----------------------------------------------------------------------------Annual standard for the respective pollutant and area class

The four air quality categories are:Critical pollution (C) : when EF is more than 1.5;

High pollution (H) : when the EF is between 1.0 - 1.5;Moderate pollution (M) : with and EF between 0.5 - 1.0; and

Low pollution (L): where the EF is less than 0.5.

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PM10 (Respirable Particulates)Trends

In 2007 data of 121 cities has been analysed and only three cities Dewas,

Tirupati, Kozhikode recorded low pollution level. Indian cities are reeling under heavy particulate pollution with 52 percent of

cities (63 cities) hitting critical levels (exceeding 1.5 times the standard), 36cities with high levels (11.5 times the annual standard) and merely 19cities are at moderate levels, which is 50 per cent below the standard.

The PM10 levels remain persistently high in the northern region. In the NCRtowns Noida, Faridabad including NCT Delhi have high levels of PM10 and in

past two years the levels have increased. Only in hill towns such as Shimla, Gajraula and Parwanoo have low

PM10 levels. In western and eastern India, there is usually a mixed trend.Eastern cities, including Shillong, Angul, Rourkela and Howrah, show anincreasing trend and in the west PM10 levels have declined in some citieslike Ahmedabad, Solapur, Nagda and Jamnagar but increased in Mumbai,Kota and Satna.

In southern India, though the cities generally have lower PM10 levelscompared to the northern ones, some cities show an increase. In cities suchas Hyderabad, Visakhapatnam, Tuticorin, and Bangalore there is anincreasing trend. A sharp declining trend has been noted inThiruvanthapuram, Kochi and Mysore during 2000-2007 PM10 levels aregradually reducing.

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Thank You