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

The Air (Prevention and Control of Pollution) Act, 1981 is a landmark legislation in India aimed at addressing the growing problem of air pollution. It was enacted under Article 253 of the Constitution of India, which empowers Parliament to make laws for giving effect to international agreements. This Act was specifically brought into force to implement the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in 1972, which called upon member states to take appropriate steps for the protection of the environment.

Prior to this Act, legislative efforts primarily focused on water pollution (Water Act, 1974). The Air Act provided a comprehensive legal framework specifically for the prevention, control, and abatement of air pollution across India. It established the necessary institutional structure and powers to manage air quality.

Objectives and Applicability

The primary objectives of the Air (Prevention and Control of Pollution) Act, 1981, are:

• To provide for the prevention, control and abatement of air pollution.
• To provide for the establishment of Central and State Boards for the prevention and control of air pollution. (These boards were already established under the Water Act, 1974, and their functions were extended under the Air Act).
• To confer on and assign to such Boards powers and functions relating to the prevention, control and abatement of air pollution.

In essence, the Act aims to protect and improve the quality of air and control air pollution throughout the country. It seeks to achieve this by setting standards, regulating emissions from various sources, and empowering regulatory bodies to enforce compliance.

The applicability of the Air Act, 1981, extends to the whole of India. Section 1(2) of the Act clearly states this. Furthermore, Section 2(a) of the Act defines "air pollution" as the presence in the atmosphere of any air pollutant. "Air pollutant" is defined in Section 2(b) as any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. This broad definition covers a wide range of potential pollutants.

The Act allows the Central Government, after consultation with the Central Pollution Control Board (CPCB) and State Governments, to declare any area or areas as "air pollution control areas" (Section 19). Once an area is declared as an air pollution control area, restrictions can be placed on the operation of certain industrial plants or processes without the consent of the State Pollution Control Board (SPCB), and specific fuels and appliances may be prohibited. All industrial, commercial, and domestic sources causing air pollution within these areas come under the purview of the Act's regulations and the authority of the SPCBs.

Standards for Air Quality

A crucial aspect of air pollution control under the Act is the establishment and enforcement of standards. These standards provide quantitative limits for pollutants, defining what constitutes acceptable air quality and what levels of emissions are permissible from various sources.

Ambient Air Quality Standards

Ambient Air Quality Standards (AAQS) define the maximum permissible concentrations of pollutants in the outdoor atmosphere, which is the air that the general public breathes. These standards are set to protect human health, vegetation, and property from the harmful effects of air pollution.

The power to lay down standards for the quality of air is vested in the Central Pollution Control Board (CPCB) under Section 16(2)(h) of the Air Act, 1981. The CPCB last revised and notified the National Ambient Air Quality Standards (NAAQS) on November 18, 2009, replacing the earlier standards from 1994. The 2009 NAAQS specifies permissible limits for twelve air pollutants across the country.

The 12 pollutants covered under the 2009 NAAQS are:

• Sulphur Dioxide ($SO_2$)
• Nitrogen Dioxide ($NO_2$)
• Particulate Matter ($PM_{10}$)
• Particulate Matter ($PM_{2.5}$)
• Ozone ($O_3$)
• Carbon Monoxide (CO)
• Ammonia ($NH_3$)
• Lead (Pb)
• Nickel (Ni)
• Arsenic (As)
• Benzene ($C_6H_6$)
• Benzo(a)Pyrene ($BaP$) - particulate phase

The NAAQS specifies concentration limits for these pollutants for different averaging periods (e.g., annual average, 24-hourly average, 8-hourly average, 1-hourly average). For example, the standard for $PM_{2.5}$ is $60 \, \mu g/m^3$ for a 24-hour average and $40 \, \mu g/m^3$ for an annual average. These standards are uniform across the country, unlike some previous classifications based on area types. Monitoring of ambient air quality against these standards is a key function of the SPCBs and CPCB, often done through a network of monitoring stations.

Emission Standards for Industries and Vehicles

In addition to setting ambient air quality standards, the regulatory framework also specifies Emission Standards. These standards prescribe the maximum quantity or concentration of pollutants that can be discharged from specific sources, such as industrial stacks, factory outlets, or vehicle exhausts.

While the Air Act provides the basis, many specific emission standards for industries are notified under the Environment (Protection) Act, 1986. The MoEF&CC, based on technical inputs from the CPCB, notifies industry-specific emission standards (sometimes called 'Minimal National Standards' or MINAS). These standards vary depending on the type of industry, process, scale of operation, and type of fuel used. Industries are required to install and operate appropriate Air Pollution Control Devices (APCDs) to ensure their emissions comply with these notified standards. Compliance is checked through source monitoring (measuring emissions from the stack or outlet).

For vehicular emissions, standards are notified under the Environment (Protection) Rules, 1986, and enforced by the Ministry of Road Transport and Highways under the Motor Vehicles Act, 1988. These are commonly known as Bharat Stage (BS) emission norms (e.g., BS IV, BS VI). These norms set limits for pollutants like CO, $NO_x$, Hydrocarbons (HC), and Particulate Matter (PM) from petrol and diesel vehicles. Compliance is checked at the manufacturing stage (type approval) and periodically for in-use vehicles (e.g., through 'Pollution Under Control' or PUC certificates).

Both ambient air quality standards and emission standards are crucial tools. AAQS define the desired state of air quality, while Emission Standards are the regulatory means to control sources and achieve those desired levels.

Powers of Pollution Control Boards

The Air Act, 1981, together with the Water Act, 1974, establishes and empowers the regulatory authorities responsible for implementing the provisions of these Acts. These are the Central Pollution Control Board (CPCB) at the national level and the State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs) in Union Territories at the state/UT level.

These Boards are semi-autonomous statutory bodies with wide-ranging powers and functions related to the prevention, control, and abatement of both water and air pollution. Their functions include advising governments on pollution matters, planning and executing nationwide/statewide pollution control programs, collecting and disseminating information, conducting research, and inspecting industrial plants.

Among their most significant powers under the Air Act are the powers related to consent administration and the power to issue directions.

Granting consent to operate

Section 21 of the Air Act, 1981, makes it mandatory for any person operating any industrial plant in an air pollution control area to obtain the prior consent of the State Pollution Control Board (SPCB) to establish (Consent to Establish - CTE) and then to operate (Consent to Operate - CTO) such a plant. This consent mechanism is a primary tool for regulating emissions from industrial sources.

The process typically involves the industry applying to the SPCB with relevant details about their process, raw materials, products, potential air pollutants, and proposed pollution control measures. The SPCB reviews the application, may conduct inspections, and assesses whether the proposed or existing plant complies with relevant emission standards and other environmental norms.

When granting consent, the SPCB imposes specific conditions (Section 21(4)). These conditions may include:

• The standards for emission of air pollutants to be complied with.
• The type of equipment to be installed for pollution control.
• The manner of sampling and testing of emissions.
• Requirements for installing continuous emission monitoring systems (CEMS).
• Operational procedures for pollution control devices.
• Submission of monitoring data and reports.

Consent is granted for a specific period (e.g., 1 to 5 years, depending on the pollution potential of the industry and state policies) and must be renewed periodically. Operating an industrial plant without a valid Consent to Operate or violating the conditions stipulated in the Consent order is a punishable offence under the Act (Section 37), which can lead to significant penalties, including fines and imprisonment.

Issuing directions

One of the most powerful provisions for enforcement under the Air Act is the power of the Central and State Boards to issue directions. Section 31A of the Air Act, 1981 (inserted in 1987), grants this authority.

This section empowers the Boards to issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. This power can be exercised in the performance of their functions under the Act and subject to the directions, if any, of the Central Government or State Government, as the case may be.

The directions that can be issued are broad and can include, but are not limited to:

• The closure, prohibition, or regulation of any industry, operation, or process.
• The stoppage or regulation of supply of electricity, water, or any other service to any industry or person.
• Directing the project proponent to take specific measures for the prevention, control, or abatement of air pollution.
• Seizure of any equipment, vehicle, or other property involved in contravening the Act's provisions.

This power to issue directions allows the Boards to take swift and decisive action against polluting units or activities that are violating the law or causing significant environmental harm. Non-compliance with such directions is a serious offence and can lead to severe penalties, including imprisonment for up to seven years in case of continued contravention (Section 41).

These powers of Consent administration and issuing directions are fundamental to the regulatory and enforcement role of the Pollution Control Boards in controlling air pollution in India.

The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974 is the first major environmental law enacted in India. It was a significant step towards addressing the critical issue of water pollution across the country. The Act was formulated based on resolutions passed by State Legislatures under Article 252 of the Constitution, allowing Parliament to legislate on a matter from the State List. It was designed to provide a comprehensive legal framework for controlling water pollution and establishing regulatory institutions.

The Act paved the way for the establishment of the Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level. These boards are entrusted with the responsibility of implementing the provisions of the Act and managing water quality in India.

Objectives and Applicability

The main objectives of the Water (Prevention and Control of Pollution) Act, 1974, are:

• To provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water.
• To provide for the establishment of Boards for the prevention and control of water pollution (CPCB and SPCBs).
• To confer on and assign to such Boards powers and functions relating to the prevention and control of water pollution.
• To provide for penalties for contravention of the Act's provisions and for setting up of courts to deal with such cases.

The ultimate goal is to protect the quality of water bodies and ensure their suitability for various beneficial uses.

The applicability of the Water Act, 1974, extends to the whole of India. It covers all sources of water pollution, including discharges into 'streams' and 'wells', and also discharges onto 'land'.

Definition of 'Stream' and 'Well':

Section 2(j) defines 'stream' very broadly to include:

• River,
• Water course (whether flowing or for the time being dry),
• Inland water (whether natural or artificial),
• Subterranean waters,
• Sea or tidal waters in such areas as may be specified by the State Government by notification in the Official Gazette.

Section 2(w) defines 'well' to include 'irrigation well, tube well, supply well, artesian well and any other structure by which that water is or may be drawn'.

Therefore, the Act's provisions are applicable to almost any discharge of sewage or trade effluent into any form of surface or groundwater body, or even onto land, anywhere in the country.

Standards for Water Quality

Managing water pollution requires defining acceptable limits for pollutants. The Indian regulatory framework uses two main types of standards related to water quality: standards for the receiving water bodies and standards for the discharge sources (effluents).

Designated best use of water bodies

The Central Pollution Control Board (CPCB) has adopted a concept of "Designated Best Use" (DBU) to classify different water bodies in India. This classification is based on the intended and highest beneficial use of a specific stretch of river or a water body. For each designated use, the CPCB has prescribed specific water quality criteria.

The five classes of Designated Best Use and their corresponding water quality criteria are:

SPCBs monitor the water quality of various water bodies against these criteria. While these criteria for receiving waters are not directly enforceable against individual polluters, they guide the SPCBs in setting appropriate effluent standards and developing action plans to improve or maintain the quality of water bodies to meet their designated best use.

Effluent Standards

Effluent Standards (also known as discharge standards) are the maximum permissible limits for pollutants in the wastewater discharged from point sources, such as industries, sewage treatment plants (STPs), and common effluent treatment plants (CETPs). These standards are legally enforceable limits that discharging units must meet before releasing their treated wastewater into receiving water bodies or onto land.

These standards are primarily notified by the Ministry of Environment, Forest and Climate Change (MoEF&CC) under the Environment (Protection) Act, 1986, specifically under the Environment (Protection) Rules, 1986. The CPCB develops these standards based on feasibility and technology available, and the MoEF&CC notifies them. SPCBs enforce these notified standards under the powers conferred by the Water Act, 1974, and the Environment (Protection) Act, 1986.

Effluent standards are typically specified for various parameters like:

• pH
• Suspended Solids (SS)
• Biochemical Oxygen Demand (BOD)
• Chemical Oxygen Demand (COD)
• Total Dissolved Solids (TDS)
• Oil and Grease
• Specific toxic substances (e.g., heavy metals, pesticides, specific chemicals)

The standards vary significantly depending on:

• The type of industry and the specific manufacturing process (e.g., textile, paper, chemical, distillery).
• The type of discharge (trade effluent vs. sewage).
• The mode of disposal (e.g., discharge into a river, lake, marine coast, sewer, or onto land). Standards for discharge into sensitive areas or smaller water bodies are usually stricter.

Industries and sewage treatment plants are required to install and operate appropriate Effluent Treatment Plants (ETPs) or Sewage Treatment Plants (STPs) to treat their wastewater to meet the prescribed effluent standards before discharge. Regular monitoring of effluent quality is mandatory to ensure compliance.

In addition to general standards, there are also industry-specific standards (MINAS - Minimal National Standards) that are more stringent for certain pollutants specific to those industries.

Prevention and Control of Water Pollution

The Water Act, 1974, provides the legal mechanisms and powers to prevent and control water pollution through prohibitions, regulatory frameworks like the consent system, and enforcement powers of the Pollution Control Boards.

Prohibition of discharge of pollutants

A fundamental provision of the Water Act, 1974, is the prohibition of discharging polluting matter without proper authorisation. Section 24(1) of the Act explicitly states:

"Subject to the provisions of this section, no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or on land;"

This section imposes a strict prohibition on the discharge of any substance that is harmful or polluting into water bodies or onto land, except under the authority of the State Pollution Control Board. The definition of "polluting matter" (Section 2(e)) is broad, covering any solid, liquid, or gaseous substance present in water that may render it injurious to public health or cause harm to animals, aquatic life, or property.

This prohibition is the basis for regulating discharges and requires any entity discharging wastewater to obtain permission from the SPCB and comply with specified standards and conditions. Violations of Section 24 are punishable offences under Section 43 of the Act, with penalties including imprisonment and fines.

Consent mechanism

The primary regulatory tool under the Water Act, 1974, for preventing and controlling pollution from point sources (like industries and municipalities) is the Consent mechanism. Sections 25 and 26 of the Act mandate this system.

Section 25 states that no person shall, without the previous consent of the State Board, establish or take any steps to establish any industry, operation or process, or any treatment and disposal system, which is likely to discharge sewage or trade effluent into a stream, well or sewer or on land.

Section 26 requires the same consent for continuing to discharge sewage or trade effluent from an existing outlet into a stream, well, sewer or on land after the commencement of the Act.

Thus, any new or existing industry or entity that discharges or is likely to discharge wastewater is legally required to obtain:

• Consent to Establish (CTE): Required before starting construction or setting up the facility.
• Consent to Operate (CTO): Required before starting actual production or operation and discharge of wastewater. This consent is typically renewed periodically.

When an application for consent is made, the SPCB examines the details of the proposed or existing facility, the nature and quantity of wastewater generated, the proposed or existing treatment facilities (ETPs/STPs), and the mode of discharge. The SPCB can grant consent, refuse consent, or grant consent subject to specific conditions (Section 25(4)). These conditions are crucial and form the core of the regulatory control.

Conditions for Consent often include:

• The standards which the sewage or trade effluent must comply with before discharge (Effluent Standards).
• The volume/quantity of wastewater allowed to be discharged.
• The location of the discharge outlet.
• The monitoring requirements (parameters, frequency, location) of the effluent quality.
• Requirements for installing and properly operating effluent treatment plants (ETPs) or sewage treatment plants (STPs).
• Submission of monitoring data and reports to the SPCB.

Operating an industrial plant or discharging wastewater without obtaining valid consent or failing to comply with the conditions specified in the consent order are violations of the Act (Section 43) and are punishable with imprisonment and fines. The consent mechanism is therefore the primary legal instrument through which SPCBs regulate point source discharges and enforce effluent standards to control water pollution.

The Noise Pollution (Regulation and Control) Rules, 2000

While the Air (Prevention and Control of Pollution) Act, 1981, broadly includes 'noise' in its definition of 'air pollutant', the specific regulation and control of noise pollution in India are primarily governed by the Noise Pollution (Regulation and Control) Rules, 2000. These rules were notified by the Central Government under the Environment (Protection) Act, 1986. These rules were necessitated by increasing levels of ambient noise in public places, especially due to industrial activities, construction, vehicular traffic, generators, and the use of loudspeakers and musical instruments during festivals and other events.

The Rules provide a comprehensive framework for the management of noise levels in different areas and specify responsibilities for enforcement.

Ambient noise standards

The Noise Pollution (Regulation and Control) Rules, 2000, specify ambient noise standards for different areas. To manage noise effectively, the rules classify areas into four categories and prescribe maximum permissible noise levels for each category. The standards are specified in terms of decibels (dB), measured using a sound level meter. The measurement is typically done in terms of A-weighted decibels (dB(A)), which reflects how the human ear perceives loudness.

The standards specify different limits for day time and night time. 'Day time' is defined as 6:00 A.M. to 10:00 P.M., and 'Night time' is defined as 10:00 P.M. to 6:00 A.M.

The categories of areas and their prescribed ambient noise standards are:

Explanation of Terms:

• dB(A): Decibels, A-weighted. The A-weighting filter is applied to sound level measurements to approximate the response of the human ear.
• $L_{eq}$ (Equivalent Continuous Sound Level): This is the constant noise level that would, over the same period of time, contain the same total energy as the fluctuating noise being measured. It is used to represent the average noise level over a specific period.
• Silence Zone: Defined as an area comprising not less than 100 metres around hospitals, educational institutions, and courts. The area around any other institution that is declared as a Silence Zone by the competent authority may also be included in the Silence Zone.

These standards are to be maintained by controlling noise-generating activities in these areas. The enforcement authority for these standards is specified in the Rules, typically the police department or officers designated by the state government, often in coordination with the State Pollution Control Boards.

Regulation of noise from various sources (industries, vehicles, loudspeakers, etc.)

The Noise Pollution (Regulation and Control) Rules, 2000, provide mechanisms to regulate noise emanating from various sources:

• Industrial Noise: Industrial units are required to meet the ambient noise standards applicable to the area where they are located. While the Rules do not specify source-specific standards for industries, the State Pollution Control Boards, under the Air Act and EP Act, often impose conditions on industrial units regarding noise levels within their premises and at the boundary as part of the Consent to Operate or Environmental Clearance. Industries are expected to install appropriate noise control measures.
• Vehicular Noise: The responsibility for controlling vehicular noise primarily lies with the State Government and the Police Department. The Rules mention that vehicular noise levels should not exceed the ambient noise standards in the respective areas. Specific standards for horn usage and vehicle exhaust noise are also regulated under the Motor Vehicles Act, 1988, and its rules. The Rules also allow for the restriction of vehicular movement in certain areas declared as Silence Zones.
• Noise from Construction Activities: Construction activities, especially those involving heavy machinery, can generate significant noise. While specific limits for construction noise sources are not explicitly listed in the 2000 Rules, the activities are subject to the ambient noise standards of the area. Regulations may require restricting noisy construction work to specific hours of the day.
• Noise from Generator Sets: The Rules prohibit the use of diesel generator sets (D.G. sets) in residential areas during night time (10:00 P.M. to 6:00 A.M.), except in cases of power failure (or other emergencies) and with the prior permission of the competent authority. Specific emission standards (including noise limits) for D.G. sets are also notified under the Environment (Protection) Rules, 1986.
• Noise from Fire Crackers: The Rules empower the State Government to regulate the manufacture, sale, and use of fire crackers to control noise pollution. Noise limits for firecrackers are also specified by the Ministry of Environment, Forest and Climate Change.
• Noise from Loudspeakers and Public Address Systems: This is a particularly detailed aspect covered by the Rules (see section I2 below).

The Rules empower the competent authority (often police or designated officers) to take action against violators, including seizure of equipment and directing the source of noise to be stopped. Citizens can file complaints regarding violations of the noise standards with the competent authority.

Regulation of use of loudspeakers and public address systems

The Noise Pollution (Regulation and Control) Rules, 2000, contain specific and detailed provisions for regulating the use of loudspeakers, public address systems, musical instruments, and sound producing instruments. This is because these sources are often responsible for significant noise pollution in public places, especially during social, religious, and political events.

Rule 5 of the Rules specifically addresses the restrictions on the use of loudspeakers/public address systems:

Key Regulations:

• General Restriction: The use of loudspeakers or public address systems is generally prohibited except with prior permission obtained from the competent authority (often the local police).
• Area Limitations: Loudspeakers or public address systems cannot be used in a Silence Zone or a Residential Area at night time (between 10:00 P.M. and 6:00 A.M.), except in public emergencies.
• Exception for Cultural/Religious Festivals: The State Government may, subject to certain conditions, permit the use of loudspeakers or public address systems during night time (between 10:00 P.M. and 12:00 midnight) on or during any cultural or religious festival days, not exceeding 15 days in a calendar year. Such permission requires specific justification and careful consideration by the competent authority.
• Noise Level Limit: Even with permission, the noise level at the boundary of the public place, where the loudspeaker is being used, should not exceed 10 dB(A) above the ambient noise standards for the area, or 75 dB(A), whichever is lower.
• Competent Authority Power: The competent authority has the power to stop the use of loudspeakers or public address systems immediately if they are being used without permission or in violation of the specified conditions or noise limits.

These rules aim to balance the need for public celebrations and activities with the right of citizens to be free from excessive noise, particularly during sleeping hours and in sensitive areas like near hospitals and schools. Enforcement by the police is crucial for the effectiveness of these regulations.

Judicial pronouncements on noise pollution

The issue of noise pollution has been a subject of significant judicial intervention in India. Courts, particularly the Supreme Court and High Courts, have played a crucial role in interpreting the existing laws (like the Noise Pollution Rules, 2000) and issuing directions to regulatory authorities to ensure their strict enforcement. These pronouncements have often elevated the right to a peaceful environment, free from excessive noise, to the status of a fundamental right.

Several judicial decisions have held that excessive noise pollution violates the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The courts have recognised that a peaceful environment is essential for physical and mental health and well-being.

Key Aspects Addressed by Courts:

• Fundamental Right: Courts have repeatedly affirmed that the right to live in peace and quiet, free from noise pollution, is part of the right to life under Article 21. For instance, the Supreme Court in the case of Noise Pollution (V), In re (2005) and subsequent judgments, has strongly emphasised this link.
• Balance with Other Rights: The judiciary has also attempted to balance the right to freedom from noise pollution with other fundamental rights, such as the freedom of speech and expression (Article 19(1)(a)) or the freedom to practice religion (Article 25). However, courts have clarified that the right to freedom of speech and expression does not include the right to use loudspeakers or public address systems that cause noise pollution. Similarly, religious practices cannot be allowed to cause noise pollution that disturbs public peace and health.
• Enforcement of Rules: Courts have issued numerous directions to the Central and State Governments, police authorities, and Pollution Control Boards to strictly enforce the provisions of the Noise Pollution (Regulation and Control) Rules, 2000, particularly concerning the use of loudspeakers and noise in Silence Zones and residential areas at night.
• Accountability of Authorities: Judicial orders have also sought to make the enforcement authorities (like police) accountable for failure to prevent noise pollution, especially during festivals or public gatherings.
• Expanding Scope: Courts have also addressed other sources of noise pollution, such as from firecrackers, vehicular horns, and construction activities, reinforcing the need for control measures.

These judicial pronouncements have significantly strengthened the implementation of noise pollution control measures in India and have provided a strong legal basis for citizens to seek redress against sources of excessive noise.