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1. Regulating Air Quality at an Airshed Level in India

Author:
Shibani Ghosh, Bhargav Krishna, and Abinaya Sekar
Publication Date:
08-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Air pollution is a pan-India problem, and whether viewed in terms of pollution sources or exposure, there is no reason to continue an urban-focus in air pollution mitigation measures. It is imperative for air quality governance in India to transition from a city-centric approach to an airshed approach. As resources to address the pollution crisis are scarce, a coordinated effort across a region, that supports consistent and uniform measures against similar pollution sources, is likely to lead to greater gains in terms of air quality. In this Paper, we unpack some of the key issues relating to airshed-level governance and what is required to make that transition in India. The current regulatory set-up is designed to primarily focus on point sources, and the jurisdictional mandate of regulatory bodies aligns with state or city boundaries. To effectively regulate pollution and reduce pollution exposure, changes need to be introduced to this regulatory architecture, making it adopt an airshed-level approach. To begin with, airsheds have to be demarcated based on several criteria. However, there is sufficient literature available to initiate necessary reform measures, and the transition to an airshed or regional approach is not contingent on perfect airshed demarcation. We propose that airsheds be notified under the Air Act by the State Governments as ‘air pollution control areas’, and the Union Government may constitute, through notification, multi-stakeholder institutions for each airshed under the EP Act. We have outlined the composition of such an institution, its powers, roles, and responsibilities. It will be a focal point for standard setting, policy guidance, planning and knowledge generation for the airshed, while not being involved in enforcement. A key ingredient for successful airshed-level governance is effective accountability mechanisms that ensure compliance by actors across the region. We envisage a role for the Union Government under the EP Act as well as for the National Green Tribunal in this regard.
Topic:
Governance, Regulation, Domestic Policy, and Air Pollution
Political Geography:
South Asia and India

2. A Health-Centred Framework for Establishing Ambient Air Quality Standards

Author:
Bhargav Krishna and Abinaya Sekar
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Air quality standards are primarily health-based standards that define the ambient concentration of air pollution to which the public can be exposed without suffering harm to their health. In India, the Central Pollution Control Board (CPCB) is tasked with setting the National Ambient Air Quality Standards (NAAQS) under the Air (Prevention and Control of Pollution) Act of 1981. The NAAQS were first established in 1982 for four pollutants (suspended particulate matter, nitrogen dioxide, sulphur dioxide and carbon monoxide) and subsequently revised in 1994 and 1998 to include several more. The current iteration of the NAAQS were notified in 2009 and were aligned with the World Health Organization’s (WHO) interim air quality guidelines. The most recent revision of the WHO guidelines for ambient air quality in September 2021 rendered the NAAQS as substantially weaker in comparison. The alignment of the NAAQS with these global guidelines will require integration of the wealth of new health data generated since 2009 on the deleterious effects of air pollution on health both locally and globally. The 2009 NAAQS revisions were notified through the Gazette of India with no contextual information provided on the composition of the committee tasked with the revisions, or on the kind of data or information used by the committee to draw its conclusions on the acceptable levels of exposure to various pollutants. In August 2021, the CPCB convened a committee to review and update the NAAQS. The committee’s wide-ranging remit includes an assessment of the health risks of air pollution, establishing guidelines for monitoring, identifying non-attainment areas, and revising the Air Quality Index (AQI) through which health risks are communicated to the public.
Topic:
Regulation, Public Health, and Air Pollution
Political Geography:
South Asia and India

3. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

4. The State of India’s Pollution Control Boards: Who is in the field?

Author:
Bhargav Krishna, Arunesh Karkun, Sharon Mathew, Prannv Dhawan, and Shibani Ghosh
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the third in the series – we focus on the technical capacity of the Boards, specifically the state of technical staff (engineers and scientists) employed by the Boards. The environmental engineers and scientists of an SPCB form the backbone of the institutional structure for pollution regulation. They carry out the fundamental task of the SPCBs, namely the review and grant of approvals under the environmental law regime. They evaluate applications from industries, conduct inspections or inquiries, collect and evaluate air and effluent samples, and issue approvals where applicable. Through their work, they provide the structural underpinnings to the “command and control” approach to pollution management. Several earlier reports have highlighted the significant staff constraints under which SPCBs function, highlighting in particular the high rate of vacancies among technical staff (1–3). In the context of a rapidly industrializing State, and an evolving environmental regulatory regime, there is a need for SPCBs to be appropriately skilled and staffed.
Topic:
Environment, Governance, Regulation, Pollution, and Personnel
Political Geography:
South Asia and India

5. The State of India’s Pollution Control Boards: Who is at the helm?

Author:
Shibani Ghosh, Sharon Mathew, Arunesh Karkun, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic Plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the second in the series – we focus on the Board leadership – the Chairperson and the Member Secretary. They play a crucial role in heading these agencies and ensuring their functioning is in accordance with the statutory mandate. Under the Water Act1 and the Air Act,2 important statutory functions of the Board are delegated to them, and they need to be qualified to perform these functions effectively. The Water Act and the Air Act provide limited guidance on the qualifications of persons who should hold these posts. The issue of who can lead a pollution control board has been discussed in several reports and government correspondence. Specific appointments to leadership positions in different states have been challenged in High Courts over the years. The most comprehensive judicial consideration of the issue was in a 2016 judgment of the National Green Tribunal (NGT).3 Although the final outcome of the NGT’s judgment was overturned by the Supreme Court, the Supreme Court shared the NGT’s anguish at the state of governance of these boards, and significantly, directed states to form rules or guidelines for the recruitment of qualified persons to these two posts.
Topic:
Governance, Regulation, Leadership, and Pollution
Political Geography:
South Asia and India

6. Submission to the Commission on Air Quality Management in NCR and Adjoining Areas (CAQM)

Author:
Shibani Ghosh, Bhargav Krishna, Navroz K. Dubash, Sharon Mathew, and Arunesh Karkun
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The setting up of the Commission for Air Quality Management (CAQM) represents a significant milestone for air quality management in India. The Commission’s ability to perform its functions effectively and facilitate measures that will improve air quality in the NCR and adjoining areas for the long term will likely be impacted by several political, economic, technical, and social factors. In such a scenario, it is essential that the Commission enjoys sustained public trust as being non- partisan as well as a technically sound and socially sensitive body. The CAQM’s mandate is a statutory expression of the fundamental right of Indians to breathe air that is not harmful to their health. Its functioning should therefore reflect an inclusive and participative approach that allows citizens to claim and protect their right and prevent its encroachment when possible. At the Initiative on Climate, Energy and Environment (ICEE) at the Centre for Policy Research (CPR), we have been closely studying the functioning of various environmental regulators, and for the past four years have been working specifically in the area of air quality regulation and governance. Based on our research, we have identified five broad themes for the Commission to consider as it implements its statutory mandate: taking a holistic, long-term regional approach; tracking progress of NCAP implementation; ensuring transparency through proactive disclosure and timely reporting; developing enforcement protocols and grievance redressal mechanisms; and encouraging informed public consultation. We also suggest specific action points as illustrations under each of these themes.
Topic:
Environment, Governance, Regulation, Pollution, and Air Pollution
Political Geography:
South Asia and India

7. Strengthening India’s Ambient Air Quality Standard-Setting Process

Author:
Bhargav Krishna
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The National Ambient Air Quality Standards (NAAQS) provide the basis for assessing air quality nationally, determining pollution control priorities, and defining what we consider to be acceptable air quality to protect public health. They are framed and issued by the Central Pollution Control Board (CPCB) under the Air Act (1981). In August 2021, the CPCB announced that a revision of the NAAQS would be undertaken over the next year under the leadership of faculty from IIT Kanpur, with representatives from other institutions. The wide-ranging remit for this committee includes revisiting the existing standards for criteria pollutants, potentially expanding the base of pollutants being measured, determining the effects of air pollution on human health and vegetation, designing, and setting up of monitoring networks, and reviewing the air quality index. These revisions to the NAAQS will serve to define the discussion around air pollution for the next decade in India. Making the standards more ambitious will be based on our understanding of risk associated with exposure and how that has evolved over time. It will have implications for how that risk is communicated by the government to citizens through the Air Quality Index (AQI) and will provide a basis for regulating certain point sources. More ambitious standards can also provide a useful benchmark against which to measure the progress of our initiatives to improve air quality. Given the import of these standards as a means of protecting public health, engaging in risk communication, and tracking progress against our air quality goals, it is essential that the process followed by the NAAQS revision committee is clearly laid out and guided by a series of fundamental principles. These include ensuring their relevance by committing to predefined periodic reviews, basing policy decisions on a solid foundation of science by engaging a broad range of experts, centering health in air quality policy making, and building trust with civil society and other stakeholders. Reinforcing institutional processes are a long-term challenge, and we recognize that significantly altering the parameters of work of a committee whose work is already underway may not be possible. The principles and actions laid out in this framing note can form the basis for future work in this area by the CPCB. In our recommendations, we also outline several immediate actions that can be taken by the CPCB and the NAAQS committee as they proceed with the revision of the NAAQS.
Topic:
Regulation, Public Health, and Air Pollution
Political Geography:
South Asia and India