THERE’S SO MUCH POLLUTION IN THE AIR NOW, THAT IF IT WEREN’T FOR OUR LUNGS,

THERE’D BE NO PLACE TO PUT IT ALL – ROBERT ORBEN

THE AIR ACT, 1981BY SHREYA AHUJA

MSC. IROLL NO. 11

SOME FACTS ABOUT AIR POLLUTION IN INDIA

Traffic congestion on good road infrastructure is a daily reality of India's urban centers. Slow speeds and idling vehicles produce, per trip, 4 to 8 times more pollutants and consume more carbon footprint fuels, than free flowing traffic.

A rural stove using biomass cakes, fuel-wood and trash as cooking fuel. Surveys suggest over 100 million households in India use such stoves (chullahs) every day, 2-3 times a day. Clean burning fuels and electricity are unavailable in rural parts and small towns of India because of poor rural highways and limited energy generation infrastructure.

Aerial view showing India's annual crop burning, resulting smoke and air pollution. During the autumn and winter months, some 500 million tons of crop residue are burnt, and winds blow from India's north and northwest towards east

Some Indian taxis and auto-rickshaws run on adulterated fuel blends. Adulteration of gasoline and diesel with lower-priced fuels is common in South Asia, including India. Some adulterants increase emissions of harmful pollutants from vehicles, worsening urban air pollution. As fuel prices rise, the public transport driver cuts costs by blending the cheaper hydrocarbon into highly taxed hydrocarbon. The consequences to long term air pollution, quality of life and effect on health are simply ignored. Also ignored are the reduced life of vehicle engine and higher maintenance costs, particularly if the taxi, auto-rickshaw or truck is being rented for a daily fee.

Adulterated fuel increases tailpipe emissions of hydrocarbons (HC), carbon monoxide (CO), oxides of nitrogen (NOx) and particulate matter (PM). Air toxin emissions — which fall into the category of unregulated emissions — of primary concern are benzene and poly-aromatic hydrocarbons (PAHs), both well known carcinogens.

Cooking fuel in rural India is prepared from a wet mix of dried grass, fuel-wood pieces, hay, leaves and mostly cow/livestock dung. This mix is patted down into disc-shaped cakes, dried, and then used as fuel in stoves. When it burns, it produces smoke and numerous indoor air pollutants at concentrations 5 times higher than coal.

India is the world's largest consumer of fuel-wood, agricultural waste and biomass for energy purposes. From the most recent available nationwide study, India used 148.7 million tones coal replacement worth of fuel-wood and biomass annually for domestic energy use. India's national average annual per capita consumption of fuel wood, agriculture-waste and biomass cakes was 206 kilogram coal equivalent. In 2010 terms, with India's population increased to about 1.2 billion, the country burns over 200 million tones of coal replacement worth of fuel wood and biomass every year to meet its energy need for cooking and other domestic use.

Traffic congestion reduces average traffic speed. At low speeds, scientific studies reveal, vehicles burn fuel inefficiently and pollute more per trip. For example, a study in the United States found that for the same trip, cars consumed more fuel and polluted more if the traffic was congested, than when traffic flowed freely. At average trip speeds between 20 to 40 kilometers per hour, the cars pollutant emission was twice as much as when the average speed was 55 to 75 kilometers per hour. At average trip speeds between 5 to 20 kilometers per hour, the cars pollutant emissions were 4 to 8 times as much as when the average speed was 55 to 70 kilometers per hour. Fuel efficiencies similarly were much worse with traffic congestion.

AIR ( Prevention and Control of Pollution) ACT, 1981

• To implement the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, Parliament enacted the nationwide Air (Prevention & Control of Pollution) Act under Article 253 of the Constitution of India.

• The Air Act’s framework is similar to the one created by its predecessor, the Water Act of 1974. To enable an integrated approach to environmental problems, the Air Act expanded the authority of the Central and State Boards established in the Water Act to include air pollution control. States which have not constituted the Water Pollution Boards were required to constitute Air Pollution Boards.

• Under the Air Act, all industries operating within designated air pollution control areas must obtain consent (permit) from the State Boards.

• Prior to its amendment in 1987, the Air Act was enforced through mild Court administered penalties on violators. The 1987 amendment strengthened the enforcement machinery and introduced stiffer penalties. Now, the Boards may close down a defaulting industrial plant or may stop its supply of electricity or water. A Board may also apply to a Court to restrain emissions that exceed prescribed standards. Notably the 1987 amendment introduced a citizen initiative provisions into the Air Act and extended the Act to include Noise Pollution.

SALIENT FEATURES OF AIR ( Prevention and Control of Pollution) ACT, 1981 The Air (Prevention and Control of Pollution) Act 1981 has 54 Sections and is divided into seven chapters relating to i)

Preliminary, ii) Central and State Boards for the Prevention and Control of Air Pollution, iii) Powers and Functions of Boards, iv) Prevention and Control of Air Pollution, v) Funds, Accounts and Audit, vi) Penalties and Procedures, and vii) Miscellaneous

The Act provides that the State Government in consultation with the State board has a power to give instructions to the registration authority under the Motor Vehicle Act, 1939 (Act 4 of 1939) for ensuring standard for emission from automobiles driven with the help of petrol or diesel.

The Act provides for the imposition of restriction on the use of certain industrial plant in any pollution control area without the previous permission and consent of the State Board.

The Act provides that the Board has the power to make an application to the Court for restraining persons from causing air pollution.

The Act provides that the State Government, in consultation with the State Board, is empowered to declare any area or areas within the jurisdiction of the concerned State an “Air Pollution Control Area”.

The Act provides that whoever:

• operates or establishes any industrial plant in an pollution control area without the consent of the State Board or • allows emission of an air pollutant in excess on the standard laid down by the State Board, or • violates any direction issued by the Board, in the above situation, is punished with imprisonment for a term which shall not be

less than one year and six months but which may extend to six years and with fine. If this fails or contravention continues, the guilty person is punished with the additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues even after the conviction for the first such failure or contravention.

ROLE OF CPCB’S AND SPCB’S The Air Act confers the regulatory power to the Central Pollution Control Board (“CPCB”) and the State Pollution

Control Board (“SPCB”) to prevent and control the air pollution.

ROLES OF CPCB: Advice the Central Government on improvement of air quality and prevention, control or abatement of air pollution

and to provide training to persons engaged in such programs Prescribe the standards for air quality Execute nation-wide programs for prevention, control or abatement of air pollution and training to persons engaged

in such programs Give direction to SPCBs, co-ordinate between SPCBs and provide any technical assistance, guidance and resolve the

disputes among SPCBs Collect and publish technical and statistical data relating to air pollution Organize mass media programs for prevention, control or abatement of air pollution.

ROLES OF SPCB: Plan comprehensive program for the prevention, control or abatement of air pollution Advice the State Government on any matter concerning the prevention, control or abatement of air pollution Collaborate with CPCB in providing training to persons engaged in the prevention, control or abatement of air

pollution and also to organize mass education programs. To give directions in writing for (a) stoppage or regulation of electricity, water or any other services; or (b) the

closure, prohibition or regulation of any industry, operation or process

STATISTICAL ANALYSIS OF AIR POLLUTION IN INDIA POST ENFORCEMENT OF AIR ACT

• India's ongoing population explosion has placed great strain on the country's environment. This rapidly growing population, along with a move toward urbanization and industrialization, has placed significant pressure on India's infrastructure and its natural resources

• Industrialization and urbanization have resulted in a profound deterioration of India's air quality. India has more than 20 cities with populations of at least 1 million, and some of them--including New Delhi, Mumbai, Chennai, and Kolkata--are among the world's most polluted. Urban air quality ranks among the world's worst.

• One of the most affected cities in New Delhi, where airborne particulate matter (PM) has been registered at levels more than 10 times India's legal limit.

• Vehicles are the major source of this pollution, with more than three million cars, trucks, buses, taxis, and rickshaws already on the roads. With vehicle ownership rising along with population and income, India's efforts to improve urban air quality have focused in this area.

• In New Delhi, emissions limits for gasoline- and diesel-powered vehicles came into effect in 1991 and 1992, respectively, and the city has prohibited the use of vehicle more than 15 years old.

• Emissions standards for passenger cars and commercial vehicles were tightened in 2000 at levels equivalent to the Euro-1 standards of the European Union, while the even-more-stringent Euro-2 standards have been in place for the metropolitan areas of Delhi, Mumbai, Chennai, and Kolkata since 2001.

• Furthermore, the sulfur content of motor fuels sold in the four cities has been restricted to 500 parts per million (PPM) since 2001 in order to be compatible with tighter vehicle emissions standards. Motor fuel sulfur content in all other regions of India has been limited to 2,500 PPM since January 2000.

India's high concentration of pollution is not due to the absence of a sound environmental legal regime, however, but to a lack of environmental enforcement at the local level.

Regulatory reforms aimed at improving the air pollution problem in cities such as New Delhi have been difficult to implement. In 1998, India’s Supreme Court issued a ruling requiring all the city’s buses to be run on compressed natural gas (CNG) by March 31, 2001. Compliance was to be achieved either by converting existing diesel engines or by replacing the buses themselves. However, only 200 (out of a total fleet of 12,000) CNG-fueled buses were available by the initial deadline and public protests, riots, and widespread "commuter chaos" ensued as some appearance of some 15,000 taxis and 10,000 buses in the city were banned from use. To ease the transition, the local government changed course and allowed for a gradual phase-out of the existing diesel bus fleet.

In addition, India's reliance on coal-fired power plants for its electricity generation has undermined some of the vehicular-oriented air quality improvement initiatives. Despite the fact that India is a large coal consumer, its Central Pollution Control Board has been slow to set sulfur dioxide (SO2) emissions limits for coal-fired power plants, mainly because most of the coal mined in India is low in sulfur content. Coal-fired power plants do not face any nitrogen oxide (NOx) emissions limits either, although thermal plants fueled by other fossil fuels are subject to particulate matter emission standards. Again, however, the government's support for air quality standards has been undermined by the lack of enforcement of these standards.

PRESENT SCENARIO

BHARAT STAGE EMISSION STANDARDS Bharat stage emission standards are emission standards instituted by the Government of India to regulate the

output of air pollutants from internal combustion of engineered equipment, including motor vehicles. The standards and the timeline for implementation are set by the Central Pollution Control Board under the Ministry of Environment & Forests.

The phasing out of 2 stroke engine for two wheelers, the stoppage of production of Maruti 800 & introduction of electronic controls have been due to the regulations related to vehicular emissions.

While the norms help in bringing down pollution levels, it invariably results in increased vehicle cost due to the improved technology & higher fuel prices. However, this increase in private cost is offset by savings in health costs for the public, as there is lesser amount of disease causing particulate matter and pollution in the air.

The use of alternative fuels has been promoted in India both for energy security and emission reduction. Delhi has the largest number of CNG commercial vehicles running anywhere in the World. India is planning to introduce Biodiesel, ethanol gasoline blends in a phased manner and has drawn up a road map for the same. The Indian auto industry is working with the authorities to facilitate for introduction of the alternative fuels. India has also set up a task force for preparing the Hydrogen road map. The use of LPG has also been introduced as an auto fuel and the oil industry has drawn up plans for setting up of auto LPG dispensing stations in major cities.

Presently, all vehicles need to undergo a periodic emission check (3 months/ 6 months) at PUC Centers at Fuel Stations and Private Garages which are authorized to check the vehicles. In addition, transport vehicles need to undergo an annual fitness check carried out by RTOs for emissions, safety and roadworthiness.

• Sateesh. N. Hosamane, Dr.G.P.Desai (2013) Urban Air Pollution Trend In India-Present Scenario, IJIRSET, Vol.2, Issue 8 • www.Wikipedia.com• http://envfor.nic.in/legis/air/air1.html• http://www.vanashakti.in/air_act_1981.html• http://www.lawyersclubindia.com/articles/Powers-Functions-of-Air-Pollution-Control-Board-under-Air-Act-1981-5174.asp

#.VBfOUfkVsaw

• www.hindustantimes.com

REFERENCES