⚖️ Chapter 08 · Topic 04 · Environmental Laws

Water Act 1974 & Air Act 1981

Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control of Pollution) Act 1981, CPCB, SPCBs, consent mechanism, standards, penalties — complete UPSC & PSC notes.

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

India’s first major environmental legislation specifically dealing with water pollution
Enacted in 1974; came into force in stages across states
Objective: prevent and control water pollution; maintain or restore wholesomeness of water
Enacted under Article 252 of the Constitution (Parliament legislating on state subjects with consent of states)
Established the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs)
Amended in 1988 to strengthen provisions

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

Enacted in 1981 to prevent, control, and abate air pollution
Enacted to implement decisions of the Stockholm Conference (1972)
Extended the powers of CPCB and SPCBs to cover air pollution
Empowers SPCBs to declare Air Pollution Control Areas — in which no industry can operate without consent
Amended in 1987 to include noise as an air pollutant
Establishes National Ambient Air Quality Standards (NAAQS) — prescribed by CPCB

🏛️ CPCB — Central Pollution Control Board

Established under the Water Act 1974; functions extended to air under Air Act 1981
Headquartered in New Delhi
Functions:
- Advise Central Government on matters relating to prevention and control of water and air pollution
- Coordinate activities of SPCBs
- Prescribe standards for streams and wells; standards for emission from automobiles
- Collect, compile, and publish technical and statistical data relating to water and air pollution
- Lay down standards for treatment of sewage and trade effluents
CPCB publishes the National Air Quality Index (AQI) — measures air quality at monitoring stations across India
CPCB also publishes the Comprehensive Environmental Pollution Index (CEPI) — identifies critically polluted areas

⭐ Consent Mechanism: Under both Water Act and Air Act, industries must obtain Consent to Establish (CTE) and Consent to Operate (CTO) from the SPCB before setting up or operating. This is the primary regulatory tool for pollution control. Industries must comply with effluent/emission standards set by CPCB/SPCB. Violation = closure orders, penalties, imprisonment.

📊 Comparison: Water Act vs Air Act

Feature	Water Act 1974	Air Act 1981
Year	1974	1981
Subject	Water pollution prevention and control	Air pollution prevention and control
Constitutional basis	Article 252 (state subject with state consent)	Stockholm Conference implementation
Board created	CPCB + SPCBs	Extended CPCB + SPCB powers
Key tool	Consent to Establish + Consent to Operate	Air Pollution Control Areas + Consent
Standards	Effluent discharge standards	NAAQS (ambient air quality standards)
Penalty (first offence)	Imprisonment 1.5–6 years + fine	Imprisonment 1.5–6 years + fine

📌 National Ambient Air Quality Standards (NAAQS): Prescribed by CPCB under the Air Act. Standards for: PM10, PM2.5, SO₂, NO₂, CO, O₃, Pb, NH₃, benzene, benzo(a)pyrene, arsenic, nickel. India’s NAAQS are less stringent than WHO guidelines — e.g., India’s annual PM2.5 standard = 40 μg/m³ vs WHO guideline of 5 μg/m³. CPCB’s AQI categories: Good (0–50), Satisfactory (51–100), Moderate (101–200), Poor (201–300), Very Poor (301–400), Severe (401–500).

✅ Revision Checklist — Water Act & Air Act

✅ Water Act 1974 = first major water pollution legislation = Article 252
✅ Air Act 1981 = air pollution prevention = Stockholm Conference implementation
✅ CPCB = Central Pollution Control Board = New Delhi = established under Water Act 1974
✅ SPCBs = State Pollution Control Boards = established under Water Act
✅ Consent to Establish (CTE) + Consent to Operate (CTO) = primary regulatory tools
✅ Air Pollution Control Areas = declared by SPCBs under Air Act
✅ NAAQS = National Ambient Air Quality Standards = prescribed by CPCB
✅ AQI = Air Quality Index = published by CPCB = 6 categories (Good to Severe)
✅ CEPI = Comprehensive Environmental Pollution Index = identifies critically polluted areas
✅ Noise = included as air pollutant under Air Act 1987 amendment
✅ Penalty = imprisonment 1.5–6 years + fine for violations of both Acts