Air (Prevention and Control of Pollution)Act, 1981

Air (Prevention and Control of Pollution)

Act, 1981

Presented by: KUSH VERMA

Various Control Acts for AIR POLLUTION

AIR POLLUTION CONTROL

• 1948 – Factories Act and Amendment in 1987 was 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.

• 1988 – Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported.

CHAPTER I : PRELIMINARY• 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 • Vacation of seats by members

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 organise the training of persons - organise 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

CHAPTER 3 : POWERS AND FUNCTIONS OF BOARDS

• 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

CHAPTER 4 : PREVENTION AND CONTROL OF AIR POLLUTION

• 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• Reports of analysts

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

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

BHOPAL GAS TRAGEDY

A CASE STUDY

BACKGROUND• In 1969, Union Carbide India Ltd. (Parent Co. UCC -

50.9% stake) set up a small plant in Bhopal, capital city of M.P. to formulate pesticides.

• Bhopal facility was part of India’s Green Revolution aimed to increase productivity of crops.

• Until 1979,the UCIL used to import MIC (Methyl Isocynate) from the parent co. in U.S.

• After 1979,it decided to manufacture its own MIC.

• Organic ,volatile, flammable & poisonous chemical used in pesticide production.

• Little lighter than water but twice as heavy as air• Ability to react with many substances: water, acids,

metals, small deposits of corrosive materials that accumulate in pipes, tanks & valves.

• Highly toxic to humans & short term exposure can cause death, respiratory diseases, ophthalmic problems, neurological disorders etc.

GREATEST INDUSTRIAL DISASTER IN HISTORY

• Result: About 40 tons of MIC poured out of the tank for nearly 2 hours & escaped into the air, spreading within 8 hours downwind over the city of nearly 9 lakh.

• Thousands of people were killed in their sleep & lakhs remain injured or affected. Most seriously affected were the densely populated nearby slum colonies around the plant near the Bhopal Rly. Station.

SAFETY & MAINTENANCE STANDARDS

• Different for Bhopal plant & West Virginia (U.S.) plant. No computerized data loggers.

• Unreliable temp.& pressure gauges.• No effective warning system.• Gas leaks detected by workers reporting tearing &

burning sensation in their eyes.• Inadequate safety & maintenance procedures.• Several minor accidents reported earlier.• Most technicians poorly trained & inexperienced.

• UCIL was able to operate its deteriorating plant because industrial safety & environmental laws & regulations were lacking making state of M.P. or the Indian Govt. indirectly responsible for the tragedy.

Environment protection

• Environmental protection is a practice of protecting the environment, on individual, organizational or governmental levels, for the benefit of the natural environment and (or) humans.

• Protection of the environment is needed due to various human activities.

Environmental Pollutants

Burning fossil fuel• Burning fossil fuels in cars

and power stations releases so2 and other green house gases.

• So2 dissolve in rain – acid rain.

Acid rain• Acid rain damages trees

and pollutes rivers and lakes

• Results in erosion of buildings and statues.

GLOBAL WARMING

• Academic institutions now offer courses, such as

oEnvironment studiesoEnvironment managementoEnvironment engineering

• The ACTS formulated by the government, devote to environment protection and development.

Environment protection act (1986)

• An Act to provide for the protection and improvement of environment.

• Whereas the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment.

• The Environment (Protection) Act 1986

was introduced after the Bhopal gas tragedy during Rajiv Gandhi was the Prime Minister of our country.

Objective• Providing for the protection and

improvement of the environment

• Preventing environmental pollution in all its forms

• To tackle specific environmental problems that are peculiar to different parts of the country.

•To co-ordinate the activities of the various regulatory agencies already in existence.

• To appoint environment officers to check environmental pollution.

• To improve the quality of life by protection of environment.

• Establishing environmental laboratories.

• To protect the forests and wildlife in the country

Alternative energy sources

• Conserve our rapidly diminishing fossil fuel reserves by using Alternative energy sources.

Biological control of pests

• Using natural predators to eat pests instead of pesticides.

• Set aside lands for animals to prevent over grazing and destruction.

Planning and execution of a nation-wide program for the prevention, control and abatement of environmental pollution.

• Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever.

• Restriction of areas in which any industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards.

• Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents.

• Laying down procedures and safeguards for the handling of hazardous substances.

• Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act.

SUGGESTIONS

Reducing the use of Electric power,

Solar Power System For Your Home,

Recycling,

Raise Awareness,

Reduce waste,

Choose Energy Efficient Appliances.

Air (prevention and control of pollution ) act, 1981

• This law specifically states that:

“the prevention and control of air pollution at its source is the primary responsibility of State and local governments.”

Objectives

• Protect and enhance the quality of air resources.• Protect public health and welfare while fostering

a beneficial productive capacity.• Prevention, control and abatement of air

pollution .• Gives power to board for ensuring that there are

proper systems for prevention of air pollution.

• Amendments created features to let industries make choices on the best way to reach pollution cleanup goals.

• Raw material…

• Gasoline refiners can get credits for producing cleaner gasoline than required and they use those credits when their gasoline doesn’t achieve cleanup requirements.

• Maximum achievable control technology to be adopted for both new and existing sources.

• Waste water treatment plants and air pollution control equipment.

• 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”.

Penalty

Contravention : shall be punishable with Imprisonment for a term which may extend to three months or with fine

which may extend to ten thousand rupees or with both.

If we think right now we can minimize the pollution….

Lets make our world a better place