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1.AIR
2.INTRODUCTION
AIR
AIR POLLUTION
AIR POLLUTION LEGISLATIONS
AIR
AIR POLLUTION
AIR POLLUTION LEGISLATIONS
3.AIR ( PREVENTION AND CONTROL OF POLLUTION)ACT1981
4.CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
5.CONTROL BOARDS
CPCB:The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) .
SPCB:State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.
Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
CPCB:The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) .
SPCB:State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.
Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
6.EFFORT OF WORLD BODIES
Montreal Protocol
1992 Earth Summit in Rio de Janeiro
Kyoto protocol
Montreal Protocol
1992 Earth Summit in Rio de Janeiro
Kyoto protocol
7.AIR POLLUTION CONTROL ……..LEGISLATIONS
In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’.
It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes rivers and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights.
The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.
The constitutional provisions are backed by a number of laws – acts, rules and notifications. The Environment Protection Act of 1986(EPA) came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws.
In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’.
It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes rivers and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights.
The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.
The constitutional provisions are backed by a number of laws – acts, rules and notifications. The Environment Protection Act of 1986(EPA) came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws.
8.1948 – Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.
1981 – Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.
1982 – Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted on them.
1982 – Atomic Energy Act deals with the radioactive waste.
1987 – Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution boards to meet with grave emergencies of air pollution.
1988 – Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported.
9.Short title, extent & commencement
Definitions
- "air pollutant" means any solid, liquid or gaseous substance 2[including noise] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment
10. Central Pollution Control Board
State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
Terms and conditions of service of members
Constitution of State Boards
Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
Vacation of seats by members
1981 – Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.
1982 – Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted on them.
1982 – Atomic Energy Act deals with the radioactive waste.
1987 – Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution boards to meet with grave emergencies of air pollution.
1988 – Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported.
9.Short title, extent & commencement
Definitions
- "air pollutant" means any solid, liquid or gaseous substance 2[including noise] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment
10. Central Pollution Control Board
State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
Terms and conditions of service of members
Constitution of State Boards
Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
Vacation of seats by members
11.Functions of Central Board
- advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution
- plan and cause to be executed a nation -wide programme for the prevention, control or abatement of air pollution
- co-ordinate the activities of the State Boards and resolve disputes among them
- provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution
- plan and organise the training of persons
- organise through mass media a comprehensive programme
- lay down standards for the quality of air
- collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control
- advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution
- plan and cause to be executed a nation -wide programme for the prevention, control or abatement of air pollution
- co-ordinate the activities of the State Boards and resolve disputes among them
- provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution
- plan and organise the training of persons
- organise through mass media a comprehensive programme
- lay down standards for the quality of air
- collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control
12. Functions of State Boards
- to advise the State Government on any matter concerning the prevention, control or abatement of air pollution
- to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process
- to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein
13. Power to declare air pollution control areas
Power to give instructions for ensuring standards for emission from automobiles
Restrictions on use of certain industrial plants
Person carrying on industry, etc. not to allow emission of air pollutants in excess of the standards laid down by State Board
Power of entry and inspection
Power to obtain information
- to advise the State Government on any matter concerning the prevention, control or abatement of air pollution
- to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process
- to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein
13. Power to declare air pollution control areas
Power to give instructions for ensuring standards for emission from automobiles
Restrictions on use of certain industrial plants
Person carrying on industry, etc. not to allow emission of air pollutants in excess of the standards laid down by State Board
Power of entry and inspection
Power to obtain information
14. Power to take samples of air or emission and procedure to be followed in connection therewith
Reports of the result of analysis on samples taken under section 26
State Air Laboratory
Analysts
Reports of analysts
Appeals
Reports of the result of analysis on samples taken under section 26
State Air Laboratory
Analysts
Reports of analysts
Appeals
15.FUND, ACCOUNTS AND AUDIT
Contribution by Central Government
Fund of Board
Borrowing powers of Board
Budget
Annual report
Accounts and audit
16.PENALTIES AND PROCEDURE
Offences by companies- ( 18 m/6 Yrs/5000)
Offences by government departments
Protection of action taken in good faith
Reports and returns
Bar of jurisdiction
Contribution by Central Government
Fund of Board
Borrowing powers of Board
Budget
Annual report
Accounts and audit
16.PENALTIES AND PROCEDURE
Offences by companies- ( 18 m/6 Yrs/5000)
Offences by government departments
Protection of action taken in good faith
Reports and returns
Bar of jurisdiction
17.MISCELLANEOUS
Power of State Government to supersede State Board
Dissolution of State Boards constituted under the Act
Maintenance of register
Power of Central Government to make rules
Power of State Government to make rules
Power of State Government to supersede State Board
Dissolution of State Boards constituted under the Act
Maintenance of register
Power of Central Government to make rules
Power of State Government to make rules
18.Ambient Air Quality of Mumbai for January 2004
19.NAMP
Central Pollution Control Board initiated National Ambient Air Quality Monitoring (NAAQM) programme in the year 1984 with 7 stations at Agra and Anpara. Subsequently the programme was renamed as National Air Monitoring Programme (N.A.M.P.). The number of monitoring stations under N.A.M.P. has increased, steadily, to 295 by 2000-01 covering 99 cities/towns in 28 States and 4 Union Territories of the country.
Central Pollution Control Board initiated National Ambient Air Quality Monitoring (NAAQM) programme in the year 1984 with 7 stations at Agra and Anpara. Subsequently the programme was renamed as National Air Monitoring Programme (N.A.M.P.). The number of monitoring stations under N.A.M.P. has increased, steadily, to 295 by 2000-01 covering 99 cities/towns in 28 States and 4 Union Territories of the country.
20.News- THE HINDU 12TH SEP’04
21. Sources of Air Pollution
22. Sources of air pollution
23.Air pollution symptoms and epidemiology
24.Acid Rain
25.The ozone layer
26.The ozone Hole
27.Effects of Air Pollution
28. Air pollution is like a slow poison. The ill effects of air pollution are not seen immediately. But over a long period of time, the pollutants present in air damage our health and property.
29.Acid rain damages a lot of crop plants every year and causes a big loss to the farmers. It also damages the trees and even forests.
Acid rain corrodes the statues, buildings and monuments made of marble, bricks and cement, etc., causing them to crumble away slowly.
Acid rain also corrodes metal structures like steel bridges gradually and reduces their life-span.
Acid rain makes the soil acidic. Over a period of time, the soil becomes so acidic that its fertility decreases leading to a decrease in the crop yield.
Acid rain corrodes the statues, buildings and monuments made of marble, bricks and cement, etc., causing them to crumble away slowly.
Acid rain also corrodes metal structures like steel bridges gradually and reduces their life-span.
Acid rain makes the soil acidic. Over a period of time, the soil becomes so acidic that its fertility decreases leading to a decrease in the crop yield.
30.Air pollution causes green house effect (or global warming) which leads to excessive heating of the earth and its atmosphere.
The increased heating of atmosphere caused by the green house effect can melt the polar ice caps and glaciers causing a rise in the sea level. This will flood the coastal regions where most of the fertile land is situated. This increase heating of atmosphere also causes a change of weather at a place.
The increased heating of atmosphere caused by the green house effect can melt the polar ice caps and glaciers causing a rise in the sea level. This will flood the coastal regions where most of the fertile land is situated. This increase heating of atmosphere also causes a change of weather at a place.
31.Those diseases which arise due to the occupation in which a person is engaged, are called occupational hazards.
For example:
Pneumoconiosis – from coal dust inhalation
Silico tuberculosis – from silica (SiO2)
For example:
Pneumoconiosis – from coal dust inhalation
Silico tuberculosis – from silica (SiO2)
32. POWER OF POLLUTION
BHOPAL GAS TRAGEDY
A CASE STUDY
BHOPAL GAS TRAGEDY
A CASE STUDY
33. BACKGROUND
34.MIC
Organic ,volatile, flammable & poisonous chemical used in pesticide production.
Little lighter than water but twice as heavy as air
Ability to react with many substances: water, acids, metals, small deposits of corrosive materials that accumulate in pipes, tanks & valves.
Highly toxic to humans & short term exposure can cause death, respiratory diseases, ophthalmic problems, neurological disorders etc.
Organic ,volatile, flammable & poisonous chemical used in pesticide production.
Little lighter than water but twice as heavy as air
Ability to react with many substances: water, acids, metals, small deposits of corrosive materials that accumulate in pipes, tanks & valves.
Highly toxic to humans & short term exposure can cause death, respiratory diseases, ophthalmic problems, neurological disorders etc.
35. GREATEST INDUSTRIAL DISASTER IN HISTORY
On the night of Dec 3,1984, a dangerous chemical reaction occurred into UCIL factory when a large amount of water seeped into the MIC storage tank.
The leak was identified but staff inadequacies prevented any containment.
Result: About 40 tons of MIC poured out of the tank for nearly 2 hours & escaped into the air, spreading within 8 hours downwind over the city of nearly 9 lakh.
Thousands of people were killed in their sleep & lakhs remain injured or affected. Most seriously affected were the densely populated nearby slum colonies around the plant near the Bhopal Rly. Station.
On the night of Dec 3,1984, a dangerous chemical reaction occurred into UCIL factory when a large amount of water seeped into the MIC storage tank.
The leak was identified but staff inadequacies prevented any containment.
Result: About 40 tons of MIC poured out of the tank for nearly 2 hours & escaped into the air, spreading within 8 hours downwind over the city of nearly 9 lakh.
Thousands of people were killed in their sleep & lakhs remain injured or affected. Most seriously affected were the densely populated nearby slum colonies around the plant near the Bhopal Rly. Station.
36.SAFETY & MAINTENANCE STANDARDS
Different for Bhopal plant & West Virginia (U.S.) plant. No computerized data loggers.
Unreliable temp.& pressure gauges.
No effective warning system.
Gas leaks detected by workers reporting tearing & burning sensation in their eyes.
Inadequate safety & maintenance procedures.
Several minor accidents reported earlier.
Most technicians poorly trained & inexperienced.
Different for Bhopal plant & West Virginia (U.S.) plant. No computerized data loggers.
Unreliable temp.& pressure gauges.
No effective warning system.
Gas leaks detected by workers reporting tearing & burning sensation in their eyes.
Inadequate safety & maintenance procedures.
Several minor accidents reported earlier.
Most technicians poorly trained & inexperienced.
37.LAXITY OF INDIAN RULES & REGULATIONS
UCIL was able to operate its deteriorating plant because industrial safety & environmental laws & regulations were lacking making state of M.P. or the Indian Govt. indirectly responsible for the tragedy.
UCIL was able to operate its deteriorating plant because industrial safety & environmental laws & regulations were lacking making state of M.P. or the Indian Govt. indirectly responsible for the tragedy.
38.NEGLIGENCE OF UNION CARBIDE
Co. made no effort to communicate the risk to the public.
No emergency response plans practiced.
When MIC was released , the co. insisted there was no leak. Public alarm was not sounded until hours later.
UCIL provided misleading information on treatment for the toxic effects of MIC, resulting in inadequate treatment by local doctors.
UCC never publicly accepted liability for the Bhopal catastrophe.
Co. made no effort to communicate the risk to the public.
No emergency response plans practiced.
When MIC was released , the co. insisted there was no leak. Public alarm was not sounded until hours later.
UCIL provided misleading information on treatment for the toxic effects of MIC, resulting in inadequate treatment by local doctors.
UCC never publicly accepted liability for the Bhopal catastrophe.
39.STRATEGY OF UNION CARBIDE
Strategy for negotiation focused on a fixed settlement (supreme court-Oct 1991,$470 million) that would allow them to walk away from Bhopal & its victims.
UCC fought hard to ensure the legal battle took place in India & lawsuits filed in U.S. courts were rejected on the basis that the disaster occurred in the plant in India, the victims were Indian & UCIL-which ran the plant was a subsidiary of UCC.
UCC was able to delay the legal process in India.
Strategy for negotiation focused on a fixed settlement (supreme court-Oct 1991,$470 million) that would allow them to walk away from Bhopal & its victims.
UCC fought hard to ensure the legal battle took place in India & lawsuits filed in U.S. courts were rejected on the basis that the disaster occurred in the plant in India, the victims were Indian & UCIL-which ran the plant was a subsidiary of UCC.
UCC was able to delay the legal process in India.
40.LEGAL STANDING
Following the disaster, Govt. of India passed the Bhopal Gas Leak Disaster (Processing of claims) Act,1985.
The act gave power to the central govt. to represent all claimants in appropriate forums, appoint a welfare commissioner & other staff & to discharge duties connected with hearing of the claims & distribution of compensation.
Indian Supreme Court ordered the dismissal of all civil & criminal charges against Carbide & its officers & gave them immunity from future prosecution.
The Supreme Court felt ,the victims needed immediate relief, not further legal delay
Following the disaster, Govt. of India passed the Bhopal Gas Leak Disaster (Processing of claims) Act,1985.
The act gave power to the central govt. to represent all claimants in appropriate forums, appoint a welfare commissioner & other staff & to discharge duties connected with hearing of the claims & distribution of compensation.
Indian Supreme Court ordered the dismissal of all civil & criminal charges against Carbide & its officers & gave them immunity from future prosecution.
The Supreme Court felt ,the victims needed immediate relief, not further legal delay
41. International law at present plays no role in a Bhopal scenario.
A change in Govt. prompted the court case to be reopened.
Criminal proceedings against UCC & Warren Andersen (chairman of UCC at the time of catastrophe) have been pending since 1992 in India.
UCC continues to maintain that all personal injury & related claims were settled in 1989 & have refused to respond to any summons from the Indian Court.
UCC has been deemed fugitive/absconder.
A change in Govt. prompted the court case to be reopened.
Criminal proceedings against UCC & Warren Andersen (chairman of UCC at the time of catastrophe) have been pending since 1992 in India.
UCC continues to maintain that all personal injury & related claims were settled in 1989 & have refused to respond to any summons from the Indian Court.
UCC has been deemed fugitive/absconder.
42. ENVIRONMENTAL PROBLEM- AIR POLLUTION
Not very much is known about the environmental impacts of the gas leak from the Bhopal plant.
ICAR has issued a preliminary report on damage to crops, vegetables, animals & fish from the accident.
Impact of whatever toxic substances emerged were highly lethal on exposed animals.
Large no. of cattle, dogs, cats & birds were killed.
Plant life was severely damaged.
Not very much is known about the environmental impacts of the gas leak from the Bhopal plant.
ICAR has issued a preliminary report on damage to crops, vegetables, animals & fish from the accident.
Impact of whatever toxic substances emerged were highly lethal on exposed animals.
Large no. of cattle, dogs, cats & birds were killed.
Plant life was severely damaged.
43. ANSWERS REQUIRED
Is it morally acceptable for management to adopt different safety standards for the Indian plant than for the American plant based on legal grounds?
If the plant is operating legally, should Union Carbide accept any additional responsibility for the safety standards, maintenance procedures & equipment training at the Bhopal Plant?
What measures should be taken by Govt. of India to make MNC’S more accountable for their actions in India?
By providing immunity from any future prosecution, did the Indian supreme court act ethically?
Is it morally acceptable for management to adopt different safety standards for the Indian plant than for the American plant based on legal grounds?
If the plant is operating legally, should Union Carbide accept any additional responsibility for the safety standards, maintenance procedures & equipment training at the Bhopal Plant?
What measures should be taken by Govt. of India to make MNC’S more accountable for their actions in India?
By providing immunity from any future prosecution, did the Indian supreme court act ethically?
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