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

The Air (Prevention and Control of Pollution) Act, 1981 is the principal Indian legislation regulating air pollution from industrial activities, vehicles, and other sources. Enacted following India's commitment at the 1972 Stockholm Conference, the Act created the legal framework for ambient air quality standards, source-specific emission norms, and the system of consents administered by the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). For any Indian CBG, recycling, pyrolysis, or industrial project, the Air Act is one of the two foundational statutes (alongside the Water Act 1974) that govern operational permission.

The Act's operational mechanics centre on Section 21, which prohibits operating an air-polluting industrial plant in a designated 'air pollution control area' without prior Consent to Establish (CTE) and Consent to Operate (CTO) from the relevant SPCB. The entire territory of every major Indian state has been declared an air pollution control area through state notifications, meaning the consent requirement is universal in practice. Section 22 requires emissions to stay within standards prescribed by CPCB and notified by MoEFCC under Section 17. Section 24 empowers SPCB officers to enter premises, take samples, and review records.

Penalty provisions are stringent. Section 37 prescribes imprisonment of 1.5 to 6 years and fines for first offence, escalating to 2 to 7 years for continuing offences. Section 40 vests prosecution liability on company directors, with statutory defences only available if non-compliance was committed without their knowledge despite due diligence. For CBG and recycling project occupiers, the Air Act consent conditions cover stack emission limits (SOx, NOx, PM, CO, VOC), ambient monitoring around the plant boundary, online emission monitoring system (CEMS) requirements for larger projects connected to CPCB's CARE-Air portal, and combustion equipment specifications. The Act's framework is reinforced by sector-specific rules — Solid Waste Management Rules 2016, Plastic Waste Management Rules 2016, E-Waste Management Rules 2022 — that import its consent and penalty architecture.

• Principal Indian air pollution law enacted post-Stockholm 1972 commitment.
• Section 21 mandates CTE/CTO for operating in any air pollution control area.
• CPCB sets standards, SPCBs issue consents and enforce compliance.
• Penalties: 1.5–7 years imprisonment, directorial liability under Section 40.