Air Pollution: A Legal Hazard?

Air pollution is a pressing global issue that poses significant risks to human health and the environment. It is widely regarded as the most significant environmental health problem, causing illnesses such as asthma, cardiovascular issues, and lung cancer, with the most vulnerable groups bearing the brunt of its consequences. The primary sources of air pollution are human activities related to industry, energy production, domestic heating, agriculture, and transport. While various international and regional agreements and laws aim to curb air pollution, the current legal and regulatory frameworks have been criticized as inadequate. This has led to the emergence of organizations like the National Environmental Law Center (NELC), which works to enforce anti-pollution laws and hold accountable those responsible for illegal air pollution.

Is Air Pollution Illegal?

The Clean Air Act (CAA)

The CAA is the comprehensive federal law that regulates air emissions from stationary and mobile sources. It authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare and to regulate emissions of hazardous air pollutants. The NAAQS sets standards for concentrations of specific pollutants in outdoor air, such as ground-level ozone, carbon monoxide, particulate matter, lead, sulfur dioxide, and nitrogen dioxide.

The 1990 Clean Air Act Amendments were particularly significant. They were enacted to curb four major threats to the environment and public health: acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion. The 1990 Amendments also established a national operating permits program and strengthened enforcement mechanisms. Additionally, they revised Section 112, which addresses emissions of hazardous air pollutants, to require the issuance of technology-based standards for major sources and certain area sources. "Major sources" are stationary sources emitting or having the potential to emit 10 tons or more of a hazardous air pollutant annually.

The CAA has been successful in reducing air pollution and improving US air quality. Since 1990, there has been an approximate 50% decline in emissions of key air pollutants, preventing hundreds of thousands of cases of serious health issues annually. The EPA credits the Act with saving trillions of dollars and thousands of lives each year. However, air pollution remains a significant issue, and the current legal and regulatory approaches are considered inadequate to address the associated risks and negative impacts fully.

International and regional agreements

Regional agreements are also making a difference. The Malé Declaration in South Asia, for instance, has united countries like India, Pakistan, and Nepal in their efforts to monitor air pollutants and develop emission inventories. In West Asia, countries are moving towards establishing a Regional Air Quality Network. The Clean Air Initiative (CAI) fosters partnerships in Latin America, Sub-Saharan Africa, and Asia, sharing knowledge and expertise to improve air quality in cities.

The Climate and Clean Air Coalition (CCAC) is a notable international initiative, comprising 80 countries and over 80 non-state actors, working to reduce short-lived climate pollutants driving climate change and air pollution. The United Nations Environment Programme's Partnership for Clean Fuels and Vehicles, established in 2002, aims to reduce vehicular air pollution in developing countries.

Other notable international environmental agreements include the Kyoto Protocol, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Stockholm Convention on Persistent Organic Pollutants, the Minamata Convention on Mercury, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. These agreements demonstrate a global commitment to tackling air pollution and its intersection with other environmental challenges.

National Environmental Law Center (NELC)

The National Environmental Law Center (NELC) is a non-profit litigation centre founded in 1990 to enforce anti-pollution laws and protect public health and the environment. NELC attorneys work closely with state and local citizen groups to bring corporate polluters to justice.

One of the main focuses of the NELC is protecting communities from illegal air pollution. They do this by obtaining court orders to stop illegal pollution and securing major penalties against violators of environmental laws. For example, in the case of U.S. Steel, the NELC secured a $4.5 million civil penalty which was used to fund public health projects.

The NELC's work is supported by its members, who contribute through financial donations and legal expertise. The NELC also provides legal expertise to state and local citizen groups, helping them to confront violators of environmental protection laws and hold polluters accountable.

The Clean Air Act (CAA) is a comprehensive federal law that gives the U.S. Environmental Protection Agency (EPA) the authority to regulate air pollutants and polluting industries. The EPA sets National Ambient Air Quality Standards (NAAQS) for six common air pollutants: ozone (O3), particulate matter (PM), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb). The EPA also has the authority to limit emissions of air pollutants from sources such as chemical plants, utilities, and steel mills.

The CAA has been amended several times, with significant changes occurring in 1970, 1977, and 1990. These amendments have helped to reduce air pollution and protect public health, with a particular focus on curbing acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion.

EU clean air policy

Air pollution is a major global environmental problem that affects human health and the environment. The World Health Organization (WHO) has declared it "the biggest environmental risk to health." The EU's clean air policy aims to improve air quality and tackle air pollution to protect the environment and human health. The policy is based on three pillars: ambient air quality standards, reducing air pollution, and the EU's zero pollution vision for 2050.

The EU's clean air policy package, published on December 18, 2013, includes a communication on the 'Clean Air Programme for Europe' and three legislative proposals on emissions and air pollution. The package aims to substantially reduce air pollution across the EU and sets objectives for reducing the health and environmental impacts of air pollution by 2030. It proposes stricter standards for emissions and air pollution, which are expected to improve air quality for all EU citizens and lower healthcare costs for governments.

The EU has established ambient air quality standards to be achieved by all member states. EU rules set national reduction commitments for five main air pollutants. The EU also cooperates with strategic partners to tackle transboundary air pollution and has laws regulating emissions of air pollutants from various sources. The EU's clean air policy also includes bilateral discussions between member states and the Commission on how to achieve cleaner air.

The EU's "Year of Air" concluded with the European Commission presenting its new clean air policy package, which includes a proposal for member states to further cut their national air pollutant emissions up to 2030. This proposal is based on a comprehensive two-year review of existing EU air policy and extensive consultations that found broad support for EU-wide action to further reduce air pollutant emissions. The EU Commission's White Paper on climate and energy proposes a 40% cut in greenhouse gas emissions by 2030 compared to 1990 levels.

India's Ministry of Environment and Forests

The MoEF also provides details on the National Environment Policy 2006, which was formulated through extensive consultations with experts, government bodies, industry associations, academic institutions, civil society, and the public. This policy addresses issues related to the environment and forests.

In addition to the Air Act, the MoEF has introduced several other regulations and policies to address environmental concerns. These include the Solid Waste Management Rules, 2016; E-Waste (Management) Rules, 2016; Plastic Waste (Management) Rules, 2016; and Hazardous and Other Wastes (Management) Rules, 2016. The MoEF also oversees the implementation of the Water (Prevention and Control of Pollution) Act, 1974, which focuses on water pollution prevention and control.

India's air pollution problem is severe, with 21 of the world's 30 most polluted cities located in the country in 2019. The main contributors to particulate air pollution include industrial and vehicular emissions, construction dust, and biomass burning for cooking and heating. The government has implemented various initiatives to tackle air pollution, such as the National Clean Air Programme launched in 2019, aiming for a 20%-30% reduction in PM2.5 and PM10 concentrations by 2024. The Supreme Court of India has also played a role in combating pollution, banning the sale of firecrackers in Delhi in 2017 and ordering the shutdown of the Badarpur power plant in 2018.

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