EPA / AUTHORITIES / Central/State Boards

Central / State Boards

State Board

Functions and Powers

A ‘State Board’ in the EP act refers to a State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 or a State Pollution Control Board constituted under section 5 of the Air (Prevention and Control of Pollution) Act, 1981

Specifying standards

The Environment (Protection) Rules, 1986 prescribe certain standards for emissions or discharge of environmental pollutants from industries, operations or processes, which are specified in Schedule I-IV of the EP Rules. The State Boards may specify more stringent standards from those provided in Schedules I-IV with respect to any specific industry, operation or process depending on the quality of the recipient system and after recording the reasons in writing.

The State Boards may specify more stringent standards for relevant parameters in Schedule IV with respect to specific industries or locations after recording the reasons in writing.

Guidelines for their operation

The State Boards should follow guidelines specified in Annexure I & II while enforcing Schedule IV

Specifying compliance periods

Depending on the local conditions or nature of discharge of environment pollutants, the State Board may by order, specify a lesser period than a period specified under sub rule (3). The respective industry, operation or process is obliged to comply with these standards within the prescribed time

Checking compliance of standards

For industry, operation or process started on or before 16th May, 1981
For industry, operation or process commencing after 16th May, 1981 and before 31st December 1991

For industry, operation or process started on or before 16th May, 1981
An industry, operation or process which had commenced production on or before 16th May, 1981 and which had shown adequate proof of atleast commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, had to comply with such standards by 31st December 1993.

For industry, operation or process commencing after 16th May, 1981 and before 31st December 1991

An industry, operation or process which had commenced production after 16th May, 1981 but before 31st December 1991, and which had shown adequate proof of atleast commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, had to comply with such standards by 31st December, 1992.

Identification of critically polluted areas

The State Pollution Control Board is responsible for the identification of ‘critically polluted areas’. This is linked to the standards for emissions or discharge of environmental pollutants for thermal power plants. Coal based thermal power plants located in such areas are supposed to use raw or blended or beneficiated coal with a certain ash content. For more on this click here.

Receiving information on excess discharge of environmental pollutants

In the case of excess discharge of environmental pollutants, the person is required to intimate the fact of such an occurrence of apprehension of it to certain authorities including the State Board and its regional officer having local jurisdiction who have been delegated powers under sections 20, 21 and 23 of the Water (prevention and Control of Pollution) Act, 1974 and section 24 of the Air (prevention and Control of Pollution) Act 1981.

Receiving notice about alleged offences and complaints in a State

If an offence has or is alleged to have taken place within a State, then in order for courts to take cognizance of offences under the EP Act, a certain procedure has to be followed: 

• The complaints should be made either by the Central Government or any authority or authorized officer.
• A person wanting to make a complaint should give notice about the same in form IV and send this notice to the State Board and to the Government of the State (represented by the Secretary to the State Government in-charge of
  Environment and the Ministry of Environment and Forests (represented by the Secretary to the Government of India). The notice should be sent by registered post acknowledgement due and a 60 day period should be given from the date of receipt by the concerned office.

Receiving Environmental Statements

Any person carrying on an industry, operation or process requiring consent under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or  under section 21 of the Air (prevention and Control of Pollution) Act, 1981 (14 of 1981), or both, or authorized under the Hazardous Waters (Management and Handling) Rules, 1989, issued under the Environment (Protection) Act, 1986 (29 of 1986), is required to submit an environmental statement for every financial year to the State Pollution Control Board (beginning 1993). Click here to see more on this.

Central Board

A ‘Central Board’ in the EP Act refers to the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974

Functions and Powers

The Central Pollution Control Board is vested with powers under these the Water Act and Air Act and carries out various functions described in this page.

Specifying standards

The Environment (Protection) Rules, 1986 prescribe certain standards for emissions or discharge of environmental pollutants from industries, operations or processes, which are specified in Schedule I-IV of the EP Rules. The Central Boards may specify more stringent standards from those provided in Schedules I-IV with respect to any specific industry, operation or process depending on the quality of the recipient system and after recording the reasons in writing.

Specifying period for compliance

Depending on the local conditions or nature of discharge of environment pollutants, the Central Board may by order, specify a lesser period than a period specified under sub rule (3). The respective industry, operation or process is obliged to comply with these standards within the prescribed time

The Central Pollution Control Board is responsible for the identification of ‘critically polluted areas’. This is linked to the standards for emissions or discharge of environmental pollutants for thermal power plants. Coal based thermal power plants located in such areas are supposed to use raw or blended or beneficiated coal with a certain ash content. For more on this click here.

Receiving notice about alleged offences and complaints in a Union Territory

If an offence has or is alleged to have taken place within a Union Territory, then in order for courts to take cognizance of offences under the EP Act, a certain procedure has to be followed: 

• The complaints should be made either by the Central Government or any authority or authorized officer.
• A person wanting to make a complaint should give notice about the same in form IV and send this notice to the Central Board and to the Ministry of Environment and Forests (represented by the Secretary to the Government of India). The notice should be sent by registered post acknowledgement due and a 60 day period should be given from the date of receipt by the concerned office.

Receiving information on excess discharge of environmental pollutants

In the case of excess discharge of environmental pollutants, the person is required to intimate the fact of such an occurrence of apprehension of it to certain authorities including the Central Board and its regional officer having local jurisdiction who have been delegated powers under sections 20, 21 and 23 of the Water (prevention and Control of Pollution) Act, 1974 and section 24 of the Air (prevention and Control of Pollution) Act 1981.