India's Air Pollution: National Limits And Their Impact

India has a serious air pollution problem, with the air quality in some areas being so poor that it shortens the lives of those who live there by almost 12 years. In 2019, the Indian government declared a war against pollution, launching its National Clean Air Programme (NCAP) to reduce particulate pollution. The NCAP provides an overall framework for developing air quality management plans, with guidance on policies across a range of sectors. India's Parliament has also approved laws to establish the Commission of Air Quality Management in the National Capital Region and adjoining areas, recognizing the need for cross-jurisdictional and airshed level action and coordination. The National Air Monitoring Programme (NAMP) is another nationwide program that monitors levels of key air pollutants, reports violations, and conducts research on pollution trends. While India has set national standards for air quality, the implementation and enforcement of these standards remain a challenge, with 67.4% of the population living in areas that exceed them.

India's National Clean Air Programme (NCAP)

One of the key objectives of the NCAP is to reduce particulate pollution by up to 40% by 2025-26 from the base year of 2019-20. This target applies to 131 designated polluted cities. To achieve this goal, the NCAP focuses on various sectors, including industry, transport, households, and integrated mobility solutions such as walking and cycling. It also aims to reduce emissions from waste through a circular economy approach.

However, there have been concerns about the implementation and effectiveness of the NCAP. According to an assessment by the Centre for Science and Environment (CSE), the programme has largely focused on dust control rather than addressing emission-spewing combustion sources such as industries and vehicles. The report highlights the need for a long-term funding strategy and sustained action to achieve the NCAP's objectives.

To address these concerns, the CSE has presented an agenda for reform, recommending a regional approach to tackle transboundary pollution. This includes targeting the Indo-Gangetic Plains with an airshed approach and leveraging State Action Plans to minimise the impact of upwind pollution sources on downwind air quality within states. The agenda also emphasises the need for local action enabled by national policies and multi-sector collaboration.

The NCAP has introduced performance-linked funding for improving air quality, with the Indian government setting aside approximately $1.7 billion to fight air pollution in 42 cities with million-plus populations. This funding is contingent on these cities reducing their air pollution levels by 15% annually. The World Bank has also been aiding India in air quality management through a phased strategy, providing support for state and regional approaches, and facilitating expertise and knowledge exchange through initiatives like the India Lighthouse project.

The National Air Monitoring Programme (NAMP)

India has several initiatives in place to address air pollution, including the National Clean Air Programme (NCAP) and the National Air Monitoring Programme (NAMP). The NAMP is a nationwide programme led by the Central Pollution Control Board, which falls under the Ministry of Environment, Forest and Climate Change. The programme's primary objectives are to monitor levels of key air pollutants, report violations, and conduct research on pollution trends.

The NAMP specifically monitors four air pollutants: sulphur dioxide (SO2), oxides of nitrogen in the form of NO2, respirable suspended particulate matter (RSPM/PM10), and fine particulate matter (PM2.5). These pollutants are measured at 342 operating stations in 127 cities across India. The monitoring of meteorological parameters, such as wind speed and direction, relative humidity, and temperature, is also integrated with air quality monitoring. This data is collected with the help of various agencies, including the Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees, and others.

The NAMP plays a crucial role in identifying areas that exceed air quality standards. On November 29, 2011, the MoEP announced an expansion of the programme to include PM2.5 monitoring at select locations in major cities. The programme publishes a list of cities that violate air quality standards, providing valuable information for policy adjustments and targeted interventions.

The NAMP's comprehensive monitoring and reporting system is a vital tool in India's efforts to address air pollution. By identifying areas of concern and conducting research on pollution trends, the programme supports the development of effective strategies to improve air quality across the country. The data collected through the NAMP also helps raise awareness about the impact of air pollution and the need for collective action to protect public health and the environment.

The Environment (Protection) Act of 1986

India has several initiatives and programs in place to address air pollution, such as the National Clean Air Programme (NCAP) and the National Air Monitoring Programme (NAMP). The Environment (Protection) Act of 1986 is a crucial piece of legislation that provides a framework for environmental regulation in the country.

The Act, enacted by the Parliament of India, came into force on November 19, 1986, and consists of 26 sections distributed across four chapters. It is widely regarded as a response to the Bhopal gas leak, addressing the legislative gaps that led to this industrial tragedy. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment, focusing on the protection, improvement, and prevention of hazards to the human environment, encompassing human beings, other living creatures, plants, and property.

Chapter one of the Act is introductory, naming it the Environment Protection Act of 1986 and stating its applicability across India. It also sets a timeframe for its enforcement. The second chapter defines key terms, including "environment," "environmental pollutant," and "environmental pollution."

Chapter three empowers the central government to take necessary actions to protect and improve the environment, including planning and executing nationwide programs, setting emission standards, restricting industrial areas, and establishing procedures to prevent environmental pollution. The government can also examine, investigate, and research potential sources of pollution, disseminating information to the public. Additionally, this chapter authorizes central and state governments to regulate activities that can harm the environment, although it does not specifically mention fuels or emission standards.

The fourth chapter outlines legal implications, including obstruction of government-empowered persons, search and seizure procedures, and the right of the government to collect samples of soil, air, water, or other substances for analysis.

The Air Act of 1981

India has several laws and initiatives to address air pollution, including the Air (Prevention and Control of Pollution) Act of 1981, commonly referred to as the Air Act. This act was passed by the Parliament of India to combat the harmful effects of air pollution in the country.

The act also outlines the responsibilities of the central and state governments in addressing air pollution. It advises the central government on air and air pollution-related issues and emphasises the need for research to understand the causes and impacts of air pollution. According to the act, the government, along with authorised officers and members of the boards, are exempt from legal proceedings when acting in good faith to implement the measures outlined in the act.

The National Environment Appellate Authority (NEAA)

India has various programmes and policies in place to monitor and address air pollution, including the National Air Monitoring Programme (NAMP) and the National Clean Air Programme (NCAP). The National Environment Appellate Authority (NEAA) is another crucial component of India's environmental governance structure.

The NEAA was established in 1997 through the National Environment Appellate Authority Act. This Act was passed in response to India's growing environmental issues, with the primary goal of addressing these issues and promoting sustainable development. The NEAA is a quasi-judicial entity that functions as a "Green Court," focusing on environmental preservation, sustainable development, and natural resource conservation.

The NEAA's unique role is to hear appeals against rulings, directives, or orders made by regulatory agencies responsible for environmental protection. It provides a platform for resolving disagreements and complaints regarding licenses, environmental clearances, and other regulatory decisions. The NEAA ensures that the judgments of environmental regulatory organisations align with environmental laws and promote environmental protection.

The NEAA is composed of experts in law and the environment, ensuring that decisions are made with a comprehensive understanding of the complex environmental challenges. This expertise enhances the authority's capability to handle intricate environmental matters. The NEAA also strengthens the democratic aspect of environmental governance by allowing impacted parties to express their concerns and facilitating public involvement in decision-making.

Overall, the NEAA plays a vital role in India's environmental governance by providing a specialised quasi-judicial authority capable of navigating the complex intersection of environmental science and law. It helps maintain accountability, address environmental issues, and advance sustainable development in the country.

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