The Air (Prevention and Control of Pollution) Act, 1981 was enacted to implement the decisions taken at the Stockholm Conference. It focuses on maintaining air quality by regulating the emission of pollutants from industrial sources.
The Act places several strict restrictions and mandatory requirements on the operation of industrial plants, primarily governed by Sections 21 and 22.
1. Mandatory "Consent to Establish and Operate" (Section 21)
The most significant restriction is that no person can establish or operate an industrial plant in an Air Pollution Control Area without the previous consent of the State Pollution Control Board (SPCB).
Application Process: Before starting an industry, an owner must apply to the SPCB. The Board may conduct an inquiry and either grant consent with specific conditions or refuse it.
Conditions of Consent: The Board can impose restrictions such as:
Installation of specific control equipment.
The use of specific types of fuel (e.g., prohibiting high-sulfur coal).
Requirements for the height of chimneys to ensure better dispersion of gases.
2. Prohibition on Excess Emissions (Section 22)
No person operating any industrial plant is permitted to discharge, or cause/permit to be discharged, the emission of any air pollutant in excess of the standards laid down by the State Board.
Statutory Compliance: Even if an industry has "consent," it must continuously meet the emission limits (e.g., suspended particulate matter or sulfur dioxide levels) prescribed by the SPCB for that specific category of industry.
3. Restrictions on the Use of Fuel and Burning Materials
The Act grants the State Government, in consultation with the State Board, the power to:
Prohibit Certain Fuels: If the use of a particular fuel (like wood or certain grades of coal) causes significant pollution, the government can prohibit its use in specific control areas.
Prohibit Burning: The government can prohibit the burning of any material (other than fuel) if it causes air pollution (e.g., burning of agricultural waste or plastic near industrial zones).
4. Restrictions on Equipment Alterations
Once consent is granted, an industrialist cannot make significant changes to the plant or its pollution control equipment without the prior approval of the State Board.
Any replacement or alteration of the chimney or control equipment that might affect the emission levels requires a fresh application or an amendment to the existing consent.
5. Consequences of Non-Compliance (The "Power of Entry")
To ensure these restrictions are followed, the Act provides the Board with enforcement powers:
Right of Entry and Inspection (Section 24): Authorized officers have the right to enter and inspect any industrial plant to verify that the control equipment is working and that the conditions of consent are being met.
Power to Take Samples (Section 26): The Board has the power to take samples of air or emissions from any chimney, flue, or duct for analysis.
6. Power to Give Directions (Section 31A)
The State Board has the authority to issue directions to any person, officer, or authority. These directions are binding and can include:
The closure, prohibition, or regulation of any industrial plant.
The stoppage or regulation of the supply of electricity, water, or any other service to the offending industry.
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