MoEF notifies rules to establish a clear and fair approach for conducting inquiries into air pollution

On 12-11-2024, the Ministry of Environment, Forests and Climate Change notified the Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 to establish a clear and fair approach for conducting inquiries into air pollution. The provisions came into force on 12-11-2024. The rules come under the ambit of the Air (Prevention and Control of Pollution) Act, 1981.

Key Points:

1. The Central Pollution Control Board (‘CPCB’), Commission for Air Quality Management in National Capital Region and Adjoining Areas, State Pollution Control Boards (‘SPCB’), Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change (‘MoEF’) can file a complaint in Form- I electronically/ through speed post/ by hand.

2. The complaint in Form- I can be in respect of the following:

   • If any person operating an industrial plant in any air pollution control area discharges/ causes/ permits to discharge the emission of any air pollutant more than the standards laid down by the SPCB.
   • In case there is a contravention of any provision by the Department of the Central/ State Government.
   • If any person fails to intimate the occurrence/ apprehension of occurrence of emission of air pollutants more than the standards.

3. Inquiry:

   • The adjudicating officer will issue notice in Form-II within 30 days from the date of receipt of the complaint;
   • Each notice should indicate the nature of contravention that has been alleged to have been committed;
   • After considering the show cause notice, if the adjudicating officer is of the opinion that the inquiry should be held, then the notice of appearance will be issued.
   • The proceedings should be completed within 6 months from the issuance of notice to the opposite party.
4. In case the complaint made does not come under the jurisdiction of the adjudicating officer, he can transfer the matter within 15 days of receiving such complaint.
5. Any penalties/ sums received will be credited to the Environment Protection Fund.