Consider the following statements related to the Air (P&CP) Act, 1981:

Question

Consider the following statements related to the Air (P&CP) Act, 1981:

I. The Act provides for establishment of CPCB and State-level air-pollution boards.

II. Ambient air-quality monitoring and emission-standards are regulated under this Act.

III. Public hearings for every individual air-pollution complaint are mandatory under Section 19.

Which of the statements given above is/are correct?

1. A. I and II only (Correct answer)
2. B. I and III only
3. C. II and III only
4. D. I, II and III

Correct Answer

Option A — I and II only

Detailed Solution & Explanation

The correct answer is I and II only.

Key Points

• Statement I is correct. The Air Act, 1981 provides for the CPCB and State-level boards to exercise air-pollution functions — in practice entrusting them to the boards already constituted under the Water Act, 1974.
• Statement II is correct. Ambient air-quality monitoring and emission standards are regulated under the Act.
• Statement III is incorrect. Public hearings are not mandatory for every individual air-pollution complaint. Public consultation belongs to the EIA clearance process under the EIA Notification, 2006, not to routine complaint handling under the Air Act.

Additional Information

• The confusion the question exploits is between two different regimes: public hearing is a stage of environmental clearance, while complaint handling under the Air Act proceeds by inspection, direction and prosecution.
• The Act does open enforcement to citizens in a different way: Section 43 permits a person to file a complaint in court after giving sixty days' notice to the Board.
• A State Government may declare an air pollution control area under Section 19, within which it can prohibit the burning of specified fuels or the use of particular appliances.
• The 1987 amendment brought noise within the definition of "air pollutant", which is the statutory basis for the Noise Pollution (Regulation and Control) Rules, 2000.