AIR POLLUTION & ITS LEGISLATIONS INDIA

Presentation By : Nandini Nim (626)

News- THE HINDU 12TH SEP04

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 continued for 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

What is Air Pollution?

Air pollution
Introduction into the atmosphere of chemicals, particulates, or biological materials that cause discomfort, disease, or death to humans, damage other living organisms such as food crops, or damage the natural environment or built environment.

Sources of air pollution

Fuel byproducts

Complete burning

Incomplete Burning

From impurities

Other Sources ozone (ground level)

CO2

CO

SO2

H2O

NO, NO2

Lead

Volatiles (paint solvents , etc.)

Indoor Air Pollution

Particulates(SPM ) and aerosols

Secondary Air pollutants (due to reactions in the air)

Natural

Anthropogenic

Smog

Acid rain

Pollen, dust, salt spray,

Smoke and Soot

Smoke for forest fires

Fly ash

Dust

Effects of Air Pollution

Air pollution is like a slow poison. The ill effects of air pollution are not seen immediately. But over a long period of time, the pollutants present in air damage our health and property.

1. Air pollution can cause breathing difficulties (respiratory problems) and diseases such as asthma, lung cancer, tuberculosis and pneumonia. 2. Air pollution can cause carbon monoxide poisoning leading to suffocation and even death.

3. Air pollution can cause acid rain which damages crop plants, trees, buildings, monuments, statues and metal structures; and make the soil acidic.
4. Air pollution causes depletion of ozone layer due to which ultraviolet radiations can reach the earth and cause damage. 5. Air pollution causes green house effect (or global warming) which leads to excessive heating of the earth and its atmosphere. 6. Occupational Hazards

AIR ( PREVENTION AND CONTROL OF POLLUTION)ACT1981

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

Chapter II- CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
CPCB: The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) .
SPCB: State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act. Central Board to exercise the powers and perform the functions of a State Board in the Union Territories

EFFORT OF WORLD BODIES

Montreal Protocol
1992 Earth Summit in Rio de Janeiro Kyoto protocol

Greenhouse gases
Carbon dioxide (CO2) Methane (CH4) Nitrous oxide (N2O) Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulphur hexafluoride (SF6)

Sectors/source categories
Energy Fuel combustion Energy industries Manufacturing industries and construction Transport Other sectors

AIR POLLUTION CONTROL LEGISLATIONS

In the Constitution of India it is clearly stated that it is the duty of the state to protect and improve the environment and to safeguard the forests and wildlife of the country. It imposes a duty on every citizen to protect and improve the natural environment including forests, lakes rivers and wildlife. Reference to the 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 a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985. The constitutional provisions are backed by a number of laws acts, rules and notifications. The Environment Protection Act of 1986(EPA) came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws.

CHRONOLOGY OF AIR POLLUTION CONTROL LEGISLATIONS

1948 Factories Act and Amendment in 1987 the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes. 1981 Air (Prevention and Control of Pollution) Act

provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.
1982 Air (Prevention and Control of Pollution) Rules

defines the procedures of the meetings of the Boards and the powers 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 meet with grave emergencies of air pollution.

CSE STUDY
About 78% cities (141 cities) exceed the standard set for particulate matter of size below 10 microns (PM10). As many as 90 cities have critical levels of PM10 and of this, 26 cities have most critical levels of PM10, exceed the standard by more 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. During this period the cities with low level of pollution has fallen from 10 to 2 and the number of critically polluted cities have increased from 49 to 89 cities. In 2005 about 75% of cities exceeded the standard. In 2010, a total of 78% of cities are exceeding the standard," CSE said

The Central Pollution Control Board (CPCB) considers air to be clean if the levels are below 50 per cent of the prescribed standards for pollutants. During 2007 only 2 per cent cities have low air pollution on the basis of PM10. In about 80 per cent of cities (of a total of 127 cities/towns monitored under the NAMP) at least one criteria pollutant exceeded the annual 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 in many cities but the NO2 levels are increasing in many cities. The skies over North India are seasonally filled with a thick soup of aerosol particles all along the southern edge of the Himalayas, Bangladesh and the Bay of Bengal.- NASA research findings. India has the worst air pollution in the entire world, beating China, Pakistan, Nepal and Bangladesh, according to a study released during this years World Economic Forum in Davos The World Health Organization estimates that about two million people die prematurely every year as a result of Air pollution

AIR ACT, 1981

CHAPTER I : PRELIMINARY
Short title, extent & commencement

Definitions
- "air pollutant" means 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

CHAPTER 2 : CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
Central Pollution Control Board State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards 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 the Union Territories

CHAPTER 3 : POWERS AND FUNCTIONS OF BOARDS

Functions of Central Board
advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution plan and cause to be executed a nation -wide programme for the prevention, control or abatement of air pollution co-ordinate the activities of the State Boards and resolve disputes among them provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution 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 air pollution and the measures devised for its effective prevention, control

Functions of State Boards

to advise the State Government on any matter concerning the prevention, control or abatement of air pollution to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein

CHAPTER 4 : PREVENTION AND CONTROL OF AIR POLLUTION

Power to declare air pollution control areas

Power to give instructions for ensuring standards for emission from automobiles Restrictions on use of certain industrial plants Person carrying on industry, etc. not to allow emission of air pollutants in 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 emission and 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

CHAPTER 5 : FUND, ACCOUNTS AND AUDIT Contribution by Central Government Fund of Board Borrowing powers of Board Budget Annual report

Accounts and audit

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

CHAPTER 7 - MISCELLANEOUS

Power of State Government to supersede State Board 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

Ambient Air Quality of Mumbai for January 2004

Location

Ty pe of Are a

Sulphur dioxide

Nitrogen dioxide

Respirable Suspended Particulate Matter

Suspended Particulate Matter

Av g.

Std. Dev

Av g.

Std. Dev

Av g.

Std. Dev

Av g.

Std. Dev

Parel

32

147

75

401

158

Worli

17

17

37

19

117

46

299

72

Kalbadevi

38

10

119

42

344

76

Pollutants

Timeweighted average

Concentration in ambient air Industrial Areas Residential, Rural & other Areas 60 g/m3 Sensitive Areas

Method of measurement

SulphurDioxide (SO2)

Annual Average*
24 hours**

80 g/m3

15 g/m3

Improved

West

and

Geake Method

- Ultraviolet Fluorescence 120 g/m3 80 g/m3 120 g/m3 80 g/m3 60 g/m3 80 g/m3 30 g/m3 15 g/m3 30 g/m3 Jacob & Hochheiser (Na-Arsenite) Method Modified

Oxides Nitrogen (NOx)

of as

Annual Average* 24 hours**

- Gas Phase Chemiluminescence

Suspended Particulate Matter (SPM)

Annual Average* 24 hours**

360 g/m3 500 g/m3 120 g/m3 150 g/m3 1.0 g/m3

140 g/m3 200 g/m3 60 g/m3 100 g/m3 0.75 g/m3

70 g/m3 100 g/m3 50 g/m3 75 g/m3 0.50 g/m3

- High Volume Sampling, (Average flow rate not less than 1.1 m3/minute).

RespirableParticulate Matter (RPM) (size less than 10 microns) Lead (Pb)

Annual Average* 24 hours** Annual Average* 24 hours**

Respirable sampler

particulate

matter

1.5 g/m3 0.1 mg/ m3 0.4 mg/ m3 5.0 mg/m3 10.0 mg/m3

1.00 g/m3 0.1 mg/ m3 0.4 mg/m3 2.0 mg/m3 4.0 mg/m3

0.75 g/m3 0.1 mg/m3 0.4 mg/m3 1.0 mg/ m3 2.0 mg/m3

ASS Method using EPM 2000 Filter paper . . .

after or

sampling equivalent

Ammonia1

Annual Average* 24 hours**

CarbonMonoxide (CO)

8 hours** 1 hour

- Non Dispersive Infra Red (NDIR) 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.

AIR PREVENTION & CONTROL RULES, 1982

In exercise of the powers conferred by section 53 of Air Prevention and Control of Pollution) Act, 1981 (14 of 1981) the Central Government in consultation with the Central Board for the Prevention and Control of Water Pollution hereby makes the following rules, namely .1. Chapter 1- PRELIMINARY 2. Chapter 2 -PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES 3. Chapter 3 4. Chapter 4 -TEMPORARY ASSOCIATION OF PERSONS WITH THE 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

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 Committee constituted 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 shall have the meaning assigned to them in the Act.

Chapter -2 Procedure for transaction of business of the board and its committees
Notice of Meetings
Meeting of the Central Board shall be held on such dates as may be fixed 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 Central Government, call a special meeting of the Central Board. Fifteen clear days' notice of an ordinary meeting and three days' notice of a special meeting specifying the time and the place at which such meeting is to be held and an agenda of business to be transacted thereat, shall be given by the member-secretary or Chairman to the members or any other officers of the Board. No member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten clear-day's notice to the member Secretary unless the Chairman, in his discretion, permits him to do so.

Presiding Officer
Every meeting shall be presided over by the Chairman and in his absence, by a presiding officer 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 present and 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 not present, the Chairman or presiding member shall adjoin the meeting and if a quorum is not 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 future date as he may fix.

Minutes
Record of the proceedings of every meeting along with the names of members who attended the meeting shall be kept by the member-secretary in a book maintained by him exclusively for the purpose. The minutes of the previous meeting shall be read at the beginning of every succeeding meeting and shall be confirmed and signed by the Chairman or presiding officer at such meeting,

Maintaining order at meetings.

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

Business to be transacted at a meeting

No business Except with not entered sub-rule (5) shall be transacted in the meeting without quorum. the permission of the chairman or presiding officer, no business which is in the agenda or of which notice has not been given by a member under 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 the agenda 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 a motion during the meting, the Chairman or presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the majority of the members present agree, the Chairman or presiding officer shall agree to such a change.

Procedure for transaction of business of committees constituted by the Board under sub-section (1) of Section 11
The time and place of the meting of a committee constituted by the Central Board under sub-section (I) of section 11 shall be as specified by the Chairman of the committee. Provision of Chapter-2 of these rules shall as far as practicable, apply to the meeting of the committee constituted under section 11.

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 and rupees seventy-five (inclusive of daily allowance) travelling allowance at such rate as is admissible to a grade I officer of the Central Government in the case of non resident, for each day of the actual meeting of the committee which he attends. Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling allowances will be admissible when the Parliament is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other Government source.

Chapter 4 - Temporary Association of Persons with the Central Board

Manner and purpose of Association of persons with the Central Board under sub-section (1) of section 12
The Central Board may invite any person whose assistance or advise is considered useful in performing any of its functions, to participate in the deliberations of any of its meetings or the meetings of a committee formed by it

Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12
If the person associated with the Board under rule 13 happens to be a non-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 Board in which he is so associated.

 If such person is non-resident of Delhi, he shall be entitled to get an allowance of rupees seventy five per day (inclusive of daily allowance) for each day of actual meeting of the Central Board when he is so associated and also to travelling allowance at such rates as is admissible to a grade I officer of the Central Government. Notwithstanding anything in sub-rules (I) and (2) if such person is a
Government servant or an employee in a Government undertaking, he shall be entitled to travelling and daily allowances only at the rates admissible under the relevant rules applicable to him:

Chapter 5- Budget of the Central Board

Form of budget estimates under Section 34

The form in which and time within which the budget may be prepared and provided and forwarded to the government shall be as provided in forms I, II, III and IV of Schedule 1. The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the current year. The budget shall, as far as may be, based on the account heads specified in Schedule II.

Chapter 6 Annual report of the Central Board

Form of Annual Report under section 35

The annual report in respect of the year last ended giving a true and full account of the activities of the Central Board during the previous financial year shall contain the particulars specified in Schedule 111 and shall be submitted to the Central Government by 15th of May each year.

Chapter 7 - Account of the Central board

Form of annual statement of accounts of the Central Board under section 36
The annual statement of accounts of the Central Board shall be in forms V to IX.

NAMP
Central Pollution Control Board initiated National Ambient Air Quality Monitoring (NAAQM) programme in the year 1984 with 7 stations at Agra and Anpara. Subsequently the programme was renamed as National Air Monitoring Programme (N.A.M.P.). The number of monitoring stations under N.A.M.P. has increased, steadily, to 295 by 2000-01 covering 99 cities/towns in 28 States and 4 Union Territories of the country.

NAMP
Under N.A.M.P., four air pollutants viz., Sulphur Dioxide (SO2), Oxides of Nitrogen as NO2 and Suspended Particulate Matter (SPM) and Respirable Suspended Particulate 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.

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), 36 cities with high levels (11.5 times the annual standard) and merely 19 cities are at moderate levels, which is 50 per cent below the standard. The PM10 levels remain persistently high in the northern region. In the NCR towns 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 an increasing trend and in the west PM10 levels have declined in some cities like Ahmedabad, Solapur, Nagda and Jamnagar but increased in Mumbai, Kota and Satna. In southern India, though the cities generally have lower PM10 levels compared to the northern ones, some cities show an increase. In cities such as Hyderabad, Visakhapatnam, Tuticorin, and Bangalore there is an increasing trend. A sharp declining trend has been noted in Thiruvanthapuram, Kochi and Mysore during 2000-2007 PM10 levels are gradually reducing.

Thank You

SOURCE : MINISTRY OF ENVIRONMENT, INDIA