Air and Water Prevention of Pollution Acts: CPCB and SPCB Norms

The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981 are regulatory functions and structural frameworks of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). These are legislative frameworks to combat ecological degradation, protect public health and ensure sustainable development. 

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

The Water Act of 1974 is India’s first comprehensive legislation which aimed at maintaining and restoring the water quality, aquatic resources including streams, wells and coastal waters. 

The Act was established after a resolution was passed by state government under Article 252 of the Constitution.

• It introduced consent mechanism under Sections 25 and 26.

•  It stated that no industry, operation and treatment system can discharge trade effluents into water bodies without prior consent from CPCB and SPCB.

• Industries must obtain a Consent to Establish (CTE) before setting up any factory or operations and a Consent to Operate (CTO) before commercial commencement.

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

The Air (Prevention and Control of Pollution) Act, 1981is also known as the Air Act of 1988. It was enacted to tackle deteriorating quality of air caused by industrialization and vehicular emissions. 

• The Act controls, prevents and reduces air pollution to protect public health and  environment. 

• The objectives of the act are to lay down standards for emissions from sources such as automobiles and industrial plants. 

• The Act also supports research and development, technical assistance and public awareness on air pollution.. 

• The 1987 Amendment expanded the legal definition of an "Air Pollutant" to include noise.

• Under Section 19, Air Pollution Control areas of state governments in consultation with SPCBs. 

• Empowered to declare any area within state as an air pollution control area, restricting use of unapproved fuels or polluting appliances.

Roles and Powers of CPCB and SPCB’s

The implementation of both Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) is under Ministry of Environment, Forest and Climate Change (MoEFCC).

Central Pollution Control Board (CPCB)

• CPCB is a statutory body established in September 1974 under the Water (Prevention and Control of Pollution) Act. 

• The CPCB is a apex national body. 

• It advises the central government on air and water quality management and coordinates state board activities. 

• It establishes national standards for stream waters and industrial emissions.

• Promotes environmental awareness and research programmes across the country. 

State Pollution Control Boards (SPCBs)

• SPCB is a state-level executive body created under the respective Acts ( Pollution Control Committees in Union Territories).

• SPCBs make comprehensive state-level pollution programs like inspecting manufacturing units, issuing etc. 

• It also monitors local effluent and emission levels and orders closure of defaulting industrial units.

• The boards have power to Right to entry and inspection any area. 

• They are legally authorised to enter any industrial or commercial premises at any reasonable time to inspect equipment, check operational logs, and collect water and air samples. 

• Under Section 33A of the water act and Section 31A of the air act boards can issue administrative directions. 

• They can issue orders to shut down power and water supplies, 

• They can shut down industrial operations without requiring prior court approval in cases of imminent environmental danger.

• Powers to issue notice and levy penalties if there is any non compliance with consent conditions or operating without board approval and imprisonment of 1.5 to 6 years. 

Parameters to measure AQI effluent 

Air Quality Index (AQI) parameters were launched in India in 2014. The AQI transforms air quality monitoring data into a simple format for public awareness. It  air quality based on 8 major pollutants:

1. Particulate Matter ( PM 2.5)

2. Particulate Matter  ( PM 10)

3. Nitrogen Dioxide  (NO2)

4. Sulphur Dioxide ( SO2)

5. Carbon Monoxide (CO)

6. Ozone (O3 )

7. Ammonia ( NH3) 

8. Lead ( Pb)

These are divided into 6 categories ranging from Good (0-50), Satisfactory (51–100), Moderately Polluted (101–200), Poor (201–300),  Very Poor (301–400) and Severe (401-500).