What are air pollution norms for Delhi factories under Delhi law?

Detailed Legal Analysis

The air pollution norms for factories in Delhi are primarily governed by the Air (Prevention and Control of Pollution) Act, 1981, along with specific guidelines and regulations established by the Delhi Pollution Control Committee (DPCC) and the Supreme Court of India.

Key regulations surrounding air pollution for factories in Delhi include:

• Air (Prevention and Control of Pollution) Act, 1981: This act is the cornerstone legislation for controlling air pollution in India. It empowers state pollution control boards to establish standards for air quality and emissions from industries.
• Delhi Pollution Control Committee (DPCC): The DPCC is responsible for implementing and enforcing air quality standards in the National Capital Territory of Delhi. Factories must obtain consent to operate (CTO) from the DPCC, which is contingent on compliance with air quality norms.
• Emission Standards: Factories in Delhi are required to adhere to specific emission standards set forth by the Central Pollution Control Board (CPCB) and DPCC, which include limits on particulate matter, sulfur dioxide, nitrogen oxides, and volatile organic compounds.
• Continuous Emission Monitoring Systems (CEMS): Factories emitting significant pollutants must install CEMS to monitor air emissions continuously. This data must be reported to the DPCC regularly.
• Environmental Clearance: Industries that fall under certain categories (as per the Environmental Impact Assessment Notification) are required to obtain environmental clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) before commencing operations.
• Compliance with the Graded Response Action Plan (GRAP): During periods of severe air pollution, factories must comply with GRAP, which includes measures like reducing emissions, halting certain operations, or switching to cleaner fuels.

Additionally, the Supreme Court of India has issued directives regarding the operation of industries during high pollution days, mandating stricter compliance and monitoring.

Factories must also maintain records of emissions, adhere to mandatory inspections by the DPCC, and follow all other guidelines issued in response to the air quality index (AQI) levels in Delhi.

Failure to comply with these norms may result in penalties, suspension of operations, or prosecution under various provisions of the Air (Prevention and Control of Pollution) Act, 1981, and related laws.