DAGON UNIVERSITY
DEPARTMENT OF LAW
MODULE NO : LAW 633 D – ENVIRONMENTAL LAW
AIR POLLUTION
PRESENTED BY
THIN MYAT ZUN (၂မဟာဥ-၉)
1ST SEMESTER : M2 COMMERICAL LAW GROUP
Contents
Introduction
Chapter 1 Air Pollution
1.1 Types of Air Pollution
1.2 Causes Air Pollution
Chapter 2 Effect of Air Pollution and Its Control
2.1 Effect of Air Pollution
2.2 Air Pollution Control
Chapter 3 The State attempt to prevent and control of Air Pollution
3.1 Actions By Sectors and Stakeholders
3.2 International Law
Conclusion
References
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Introduction
Air pollution is the world’s largest environmental threat to human
health and one of the major preventable causes of death and disease. According to
WHO, the ambient and household air pollution together account for 7 million
premature deaths globally every year, making it more deadly than a combination of
malaria, tuberculosis, and AIDS. In particular, an estimated 4.2 million people die
prematurely around the world due to ambient air pollution, mostly from heart disease,
stroke, chronic obstructive pulmonary disease, lung cancer, and acute respiratory
infections in children. It disproportionately affects women, children, and the elderly in
developing nations, who are frequently exposed to ambient and indoor air pollution.
The United Nations General Assembly (UNGA) in December 2019
adopted the Resolution 74/212 that designates September 7 as the International Day of
Clean Air for blue skies to raise awareness at all levels – individual, community,
corporate, and government – that clean air is vital for health, productivity, the
economy, and the environment. The Resolution underlines the importance and
necessity to promote and facilitate actions to improve air quality. To this end, it
stresses the need to strengthen international cooperation at the global, regional, and
sub-regional levels in various areas related to improving air quality, including the
collection and utilization of data, joint research and development, as well as the
sharing of best practices.
The International Day of Clean Air for blue skies was advocated by the
Republic of Korea. The Resolution to hold the International Day of Clean Air for blue
skies is a follow-up of the previous resolutions that were adopted by the United
Nations Environment Assembly in its Resolution 3/8 of December 6, 2017, World
Health Assembly in its Resolution 68.8 of May 26, 2015, and the United Nations
Economic and Social Commission for Asia and the Pacific (ESCAP) in its Resolution
75/4 of May 31, 2019 that emphasize the significance of addressing the health impact
of air pollution and strengthening international cooperation to tackle air pollution
challenges.1
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Chapter 1
Air Pollution
Air pollution refers to any physical, chemical or biological change in
the air. It is the contamination of air by harmful gases, dust and smoke which affects
plants, animals and humans drastically.
There is a certain percentage of gases present in the atmosphere. An increase
or decrease in the composition of these gases is harmful to survival. This imbalance in
the gaseous composition has resulted in an increase in earth’s temperature, which is
known as global warming.2
1.1 Types of Air Pollution
There are two types of air pollutants:
Primary Pollutants: The pollutants that directly cause air pollution are
known as primary pollutants. Sulphur-dioxide emitted from factories is a primary
pollutant.
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Secondary Pollutants: The pollutants formed by the intermingling and
reaction of primary pollutants are known as secondary pollutants. Smog, formed by
the intermingling of smoke and fog, is a secondary pollutant.
1.2 Causes Air Pollution
Following are the important causes of air pollution:
Burning of Fossil Fuels: The combustion of fossil fuels emits a large amount of
sulphur dioxide. Carbon monoxide released by incomplete combustion of fossil fuels
also results in air pollution.
Automobiles: The gases emitted from vehicles such as jeeps, trucks, cars, buses, etc.
pollute the environment. These are the major sources of greenhouse gases and also
result in diseases among individuals.
Agricultural Activities: Ammonia is one of the most hazardous gases emitted during
agricultural activities. The insecticides, pesticides and fertilisers emit harmful
chemicals in the atmosphere and contaminate it.
Factories and Industries: Factories and industries are the main source of carbon
monoxide, organic compounds, hydrocarbons and chemicals. These are released into
the air, degrading its quality.
Mining Activities: In the mining process, the minerals below the earth are extracted
using large pieces of equipment. The dust and chemicals released during the process
not only pollute the air, but also deteriorate the health of the workers and people
living in the nearby areas.
Domestic Sources: The household cleaning products and paints contain toxic
chemicals that are released in the air. The smell from the newly painted walls is the
smell of the chemicals present in the paints. It not only pollutes the air but also affects
breathing.3
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Chapter 2
Effect of Air Pollution and Control
This Chapter provides hazardous effects of air pollution and its control.
2.1 Effects of Air Pollution
The hazardous effects of air pollution on the environment include:
Diseases
Air pollution has resulted in several respiratory disorders and heart diseases
among humans. The cases of lung cancer have increased in the last few decades.
Children living near polluted areas are more prone to pneumonia and asthma. Many
people die every year due to the direct or indirect effects of air pollution.
Global Warming
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Due to the emission of greenhouse gases, there is an imbalance in the gaseous
composition of the air. This has led to an increase in the temperature of the earth. This
increase in earth’s temperature is known as global warming. This has resulted in the
melting of glaciers and an increase in sea levels. Many areas are submerged
underwater.
Acid Rain
The burning of fossil fuels releases harmful gases such as nitrogen oxides and
Sulphur oxides in the air. The water droplets combine with these pollutants, become
acidic and fall as acid rain which damages human, animal and plant life.
Ozone Layer Depletion
The release of chlorofluorocarbons, halons, and hydrochlorofluorocarbons in
the atmosphere is the major cause of depletion of the ozone layer. The depleting
ozone layer does not prevent the harmful ultraviolet rays coming from the sun and
causes skin diseases and eye problems among individuals.
Effect on Animals
The air pollutants suspend in the water bodies and affect aquatic life. Pollution
also compels the animals to leave their habitat and shift to a new place. This renders
them stray and has also led to the extinction of a large number of animal species.4
2.2 Air Pollution Control
Following are the measures one should adopt, to control air pollution:
Avoid Using Vehicles
People should avoid using vehicles for shorter distances. Rather, they should
prefer public modes of transport to travel from one place to another. This not only
prevents pollution, but also conserves energy.
Energy Conservation
A large number of fossil fuels are burnt to generate electricity. Therefore, do
not forget to switch off the electrical appliances when not in use. Thus, you can save
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the environment at the individual level. Use of energy-efficient devices such as CFLs
also controls pollution to a greater level.
Use of Clean Energy Resources
The use of solar, wind and geothermal energies reduce air pollution at a larger
level. Various countries, including India, have implemented the use of these resources
as a step towards a cleaner environment.
Other air pollution control measures include:
By minimizing and reducing the use of fire and fire products.
Since industrial emissions are one of the major causes of air pollution, the
pollutants can be controlled or treated at the source itself to reduce its effects. For
example, if the reactions of a certain raw material yield a pollutant, then the raw
materials can be substituted with other less polluting materials.
Fuel substitution is another way of controlling air pollution. In many parts of
India, petrol and diesel are being replaced by CNG – Compressed Natural Gas fueled
vehicles. These are mostly adopted by vehicles that aren’t fully operating with ideal
emission engines.
Although there are many practices in India, which focus on repairing the
quality of air, most of them are either forgotten or not being enforced properly. There
are still a lot of vehicles on roads which haven’t been tested for vehicle emissions.
Another way of controlling air pollution caused by industries is to modify and
maintain existing pieces of equipment so that the emission of pollutants is minimized.
Sometimes controlling pollutants at the source is not possible. In that case, we
can have process control equipment to control the pollution.
A very effective way of controlling air pollution is by diluting the air pollutants.
The last and the best way of reducing the ill effects of air pollution is tree plantation.
Plants and trees reduce a large number of pollutants in the air. Ideally, planting trees
in areas of high pollution levels will be extremely effective.5
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Chapter 3
The State attempt to prevent and control of Air Pollution
The State has issued Action Plan on Prevention and Control of Air Pollution
(hereinafter referred to as Action Plan), which serves as the guidance for national
efforts to prevent and control air pollution for the present and the near future.6
3.1 Actions By Sectors
Transportation Sector. The transportation sector can implement control
strategies on individual vehicles or transport systems to reduce emissions. Firstly, air
pollution emissions can be lowered by improving the traffic system (e.g. extra traffic
signals and bus lanes). Secondly, different modes of transportation (e.g. bike and
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public transportation) other than passenger driving can help reduce air pollution.
Thirdly, monetary policies that provide incentives for getting rid of older vehicles and
increasing taxation for highly polluting fuels like diesel fuel can improve air quality.
Fourthly, policies aimed towards the reduction of vehicle level emissions such as
setting stringent emission standards and requiring regular inspection and maintenance
by law can decrease the transport sector emission. Fifthly, technology to control
individual vehicles such as requiring vehicles to install control devices can enhance
the quality of air. Lastly, air pollution emission can be lessened by promoting more
efficient alternative fuels like biofuels and electricity through economic incentives.
Residential Sector. Several measures can be taken in the residential
sector to reduce air pollution. Firstly, restricting the burning of solid fuel (e.g. wood,
charcoal, coal, and biomass, etc.) for households can decrease air pollution generated
from the residential sector. Secondly, a transition to cleaner fuels (e.g. biogas,
electricity, and liquefied petroleum gas) can improve the air quality situation in an
indoor environment. This strategy can be most effective for improving indoor air
quality for households that previously relied on biomass burning. Governments can
aid such fuel substitution with cleaner energy through economic subsidies. Thirdly,
residents can install cooking and heating stoves with high efficiency to reduce air
pollution generated. Fourthly, having more windows or 90 Air Pollution: An
Introduction to Its Causes, Effects, and Solutions installing hoods can improve the
circulation of air from inside to outside that can prevent air pollutants accumulating
indoor. Fifthly, the kitchen can be physically separated from the rest of the
households to prevent family members from being exposed to high levels of air
pollution.
Energy Sector. The major source of air pollution in the energy sector is the
combustion of fossil fuel used in power generation. There are a number of ways to
reduce air pollution emission from power plants. Firstly, control technologies such as
departiculating, desulfurization, and denitrification can be retrofitted to existing
power plants. These technologies help reduce the emission before released to the
ambient air. The government’s economic subsidies could aid in the installation of
these control devices. Secondly, since coal-fired power plants emit more air
pollutants, air pollution can be ameliorated by closing down coal-fired power plants
and transitioning to cleaner sources of energy such as natural gas. Thirdly, energy
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from the power sector can be saved by promoting large units and retiring high-
emission small units. Fourthly, an investment to renewable sources of energy (e.g.
geothermal, hydroelectric, solar, and wind) can benefit the air quality in the long-run.
Fifthly, setting more stringent emission standards for power generation units can help
to decrease air pollution emissions.
Industrial Sector. In the industrial sector, there are various ways in
which air quality can be improved. Firstly, the industry sector can first and foremost
increase energy efficiency. This is especially important for industries that use
intensive levels of energy like oil refining and chemical industries. Secondly, the
government can set regulations and provide subsidies for high-pollution industries to
either close down or implement the end-of-pipe technology, which can help reduce
the level of emission from those industries. Thirdly, mandating industrial sectors to
implement such end-of-pipe technology (i.e. scrubbers) through regulation is another
way of improving air quality. Fourthly, having a stringent air pollutant emission level
for industries can lower the amount of air pollution being emitted into the atmosphere.
Agricultural Sector. There are multiple actions that the agricultural
sector can take to reduce air pollution. First of all, the government can prohibit the
open burning of agricultural residues. Secondly, the reduction 92 Air Pollution: An
Introduction to Its Causes, Effects, and Solutions in ammonia emission, which is
essential for the agricultural sector, can be achieved by controlling mineral fertilizer.
Many mineral fertilizers contain significant amounts of nitrogen and urea which is
particularly known to convert immediately into ammonia. One way of controlling it is
by using urease inhibitors. Thirdly, ammonia emissions can also be reduced by using
ammonium nitrate fertilizer instead of urea fertilizer. Fourthly, livestock farming
entails a great amount of manure (i.e. animal dung), which is a significant source of
air pollution. Better management methods for manure can improve air quality. The
quickest measure is to dispose of the manure beneath the surface and prevent manure
from being directly exposed to the atmosphere. A more technologically advanced
method is incorporating manure directly into slurry. Fifthly, the deeper injection of
manure underneath the surface can bring about better air quality.
Government. The role of the government is crucial for controlling air pollution
as it sets the national ambient air quality standards and various economical subsidies
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program. There are actions that the government can take to improve the air quality
from a local, regional to a national scale. The most important step to consider is
incorporating the WHO Air Quality Guideline into the policymaking process, for
example, by Air Pollution: An Introduction to Its Causes, Effects, and Solutions
strengthening the national ambient air quality standards and management system to
fully protect the public’s health from air pollution. Updating the policy with the
newest findings is also vital. The second way is to set up a detailed emission
inventory of key targeted pollutants for each sector and implement a well-organized
monitoring system to track the emission. These measures can help identify the major
sources of emission and be controlled if necessary. Thirdly, the government can
implement comprehensive air quality monitoring and measuring systems at local,
regional, and national levels. This system data can be used to inform the public,
annual air quality assessment report, and health assessment studies to protect people
from the adverse effects of air pollution. Fourthly, the government can develop
control strategies at different geographical scales from local, regional to a national
scale, and strengthen cooperation among these three scales to best to tackle the air
pollution problem. The promotion of cooperation with neighboring countries and
across the globe is also an essential step to mitigate the transboundary impacts of air
pollution. Moreover, the government can invest more money in renewable energy that
emits less air pollutants. Lastly, interdisciplinary research and education opportunities
should be promoted by the government.7
3.2 International Law
Although air pollution was traditionally considered as a local problem,
the leading early case in international environmental law concerns trans-frontier air
pollution. See Trail Smelter Arbitration, 3 UNRLAA 1911, at 1965. See also France:
Tribunal administrative de Lyon, Mar. 17, 1983, Monard v. Commune de Dhonne les
Sains RJ.E, 1983/4, p. 358. To combat deterioration in air quality, initial measures
sought to disperse industrial pollutants through increasing the height of factory
smokestacks. The solution" created new environmental problems: emissions taken to
higher atmospheric levels travelled considerable distances on air currents, causing
long-range pollution damage. As a result, air pollution was no longer solely a local
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phenomenon concerning large cities and industrial zones, but was a matter that
affected non-industrial countries and agricultural areas often far from the source of the
emissions.
There are few global rules establishing air quality or pollution emissions
standards. The first binding international rules on global atmospheric pollution are
found, perhaps unexpectedly, in the UN Convention on the Law of the Sea
(UNCLOS) (Montego Bay, Dec. 10, 1982) According to Article 212, states must
adopt laws and regulations to prevent, reduce and control pollution of the marine
environment from or through the atmosphere. The laws and regulations should apply
to the states' airspace, and to vessels and aircraft flying their flag or under their
registry. States also must take other measures as necessary to prevent reduce and
control such pollution. On the international level, they must endeavor to establish
global and regional rules and procedures. Within the limits of their jurisdiction, they
must enforce the laws and regulations they adopt.
Significant progress in air pollution control has been achieved at the regional
level. The Geneva Convention on Lon-Range Transboundary Air Pollution, adopted
on November 13, 1979, is a framework convention open to all European states, the
U.S. and Canada. The general obligation of the states parties in Article2 is to protect
humans and the environment against air pollution, and to endeavor to limit and as far
as possible, gradually reduce and prevent it. Long-range transboundary air pollution is
defined as air pollution whose physical origin is situated wholly or in part within the
area under the national jurisdiction of one State and which has adverse effects in the
area under the jurisdiction of another State at such a distance that it is not generally
possible to distinguish the contribution of individual emission sources or groups of
sources, Obviously, this definition excludes any idea of individual responsibility of
the polluter, because that person or entity cannot be identified.
The Convention has been augmented by protocols regulating the emission of
different polluting substances: sulphur, nitrogen oxides (NOx) from fixed or mobile
sources, Volatile Organic Compounds (VOO), Persistent Organic Pollutants (POP),
heavy metals, and ground level ozone.
Another source of atmospheric pollution appeared in the closing years of the
twentieth century, when forest fires devastated Brunel and Indonesia, producing a
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heavy haze that polluted the atmosphere and caused serious health problems not only
in the originating countries but also in Malaysia, Myanmar, Singapore and Thailand.
In 1997, in response to the problem, the Association of Southeast Asian Nations
(ASEAN) adopted a Regional Haze Action Plan followed in 2002 by an Agreement
on Transboundary Haze Pollution (Kuala Lumpur, June 10, 2003).
The Convention defines haze pollution as smoke resulting from land and/or
forest fire which causes deleterious effects of such a nature as to endanger human
health, harm living resources, ecosystems and material property, and impair or
interfere with amenities and other legitimate uses of the environment. The Agreement
aims at preventing and monitoring such pollution, which should be mitigated through
concerted national efforts and intensified regional and international cooperation (Art.
2). To that effect, precautionary and preventive measures should be taken, when
necessary by developing and implementing international measures aiming at
controlling sources of fires, identifying fires, creating monitoring, assessment and
early warning systems, exchanging information and technology and providing mutual
assistance. The Parties shall take appropriate measures to monitor all fire prone areas,
land and/or forest fires, the environmental conditions conductive to such fires and
haze pollution arising from then as well as the necessary preventive measures.
Technical co-operation should include relevant training, education and awareness
raising campaigns, in particular relating to the promotion of zero-burning practices
and raising awareness of the impact of haze pollution on human health and the
environment. Markets should be developed for the utilization of biomass and
appropriate methods to treat agricultural wastes. The Agreement also provides for
cooperation and mutual assistance. See also the US-Canada Air Quality Agreement
(which addresses acid rain and a range of other transboundary air pollution issues).8
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Conclusion
Air pollution is a global health hazard that harms human health and the
environment. It can cause respiratory and cardiovascular diseases, cancer, and other
health issues. Air pollution can also contribute to climate change and acid rain, and
damage forests, wildlife, and agriculture.
In final Conclusions, air pollution is a global challenge that affects everyone,
including children. Air pollution is a major risk factor for human health, and can
cause more deaths than other risk factors. Air pollution can also harm the environment
by reducing visibility, causing acid rain, and damaging forests, wildlife, and
agriculture. Improving air quality can have substantial public health benefits. Efforts
should be made to control air pollution in every country. Solutions Improve
ventilation in schools and homes, Use low-cost air quality sensors to monitor indoor
air quality, Transition to clean energy, Reduce pollutant-generating activities, and
Implement controls for indoor environments.
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References
Books
Judicial Handbook on Environmental Law
Air Pollution Handbook
Convention
Geneva Convention on Long-Range Transboundary Air Pollution
Sources from Internet
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