National Green Tribunal
Babubhai Ramubhai Saini vs Gujarat Pollution Control Board on 6 March, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Item Nos. 03 to 21
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 20/2017 (WZ)
(M. A. No. 344/2017 & M. A. No. 91/2018)
WITH
Original Application No. 42/2017 (WZ)
WITH
Original Application No. 06/2019 (WZ)
WITH
Original Application No. 07/2019 (WZ)
WITH
Original Application No. 08/2019 (WZ)
WITH
Original Application No. 09/2019 (WZ)
WITH
Original Application No. 10/2019 (WZ)
WITH
Original Application No. 11/2019 (WZ)
WITH
Original Application No. 12/2019 (WZ)
WITH
Original Application No. 13/2019 (WZ)
WITH
Original Application No. 14/2019 (WZ)
WITH
Original Application No. 15/2019 (WZ)
WITH
Original Application No. 16/2019 (WZ)
WITH
Original Application No. 17/2019 (WZ)
WITH
Original Application No. 18/2019 (WZ)
WITH
Original Application No. 19/2019 (WZ)
WITH
Original Application No. 20/2019 (WZ)
WITH
Original Application No. 21/2019 (WZ)
WITH
Original Application No. 22/2019 (WZ)
Babubhai Ramubhai Saini Applicant(s)
Versus
Gujarat Pollution Control Board & Ors. Respondent(s)
With
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Babubhai Ramubhai Saini Applicant(s)
Versus
Gujarat Pollution Control Board & Ors. Respondent(s)
With
Lexicon Ceramic Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Glossy Tiles Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Active Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Saimax Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Kevin Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Erocoin Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
2
With
Acute Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Leviton Ceramic LLP Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
G. Tone Tiles LLP Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Levita Granito LLP Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Hollis Vitrified Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Lizzart Granito LLP Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Lichi Ceramic Applicant(s)
Versus
3
Central Pollution Control Board & Ors. Respondent(s)
With
Wallstone Ceramic Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Alive Tiles Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Stream Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
With
Harisun Ceramic Pvt. Ltd. Applicant(s)
Versus
Central Pollution Control Board & Ors. Respondent(s)
Date of hearing: 06.03.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Dhaval Vyas, Advocate (in O.A. 20/2017(WZ)
Ms. Manisha Narsinghani, Advocate (in O.A.
42/2017(WZ)
For Respondent (s): Mr. S.P. Singh, Senior Advocate with Mr. Pritesh
khambhol, Advocate for Ceramic Industries
Jayesh K. Unnikrishanan, Standing Counsel for CSIR
Anil Kumar, Scientist, CSIR for CSIR - NEERI
Mr. Raj Kumar, Advocate for CPCB
Mr. Viral Shah, Advocate for GPCB
Mr. B.M. Mangukiya, Advocate
Ms. Bela Aprajapati, Advocate
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Mr. Siraj R. Gori, Advocate for R-15 and Applicant in
M.A. No. 30/2019
Mr. Rahul Andhale, Advocate for CPCB
Mr. Rahul Garg and Ms. Prachi Sawant, Advocates for
MoEF&CC
ORDER
1. The issue for consideration is remedying the pollution in Morbi town of Gujarat on account of the operation of Ceramic, Silicate and Frit industries. The issue came up before this Tribunal by way of Original Application No. 21 of 2015 (WZ) filed before the Western Zone Bench at Pune. Prayer in the application was to close the coal based gasifiers used by industrial units in and around the town of Morbi and ensure that the said industries follow terms of 'Consent of Consolidated Authorization' (CCA) by the Gujarat State Pollution Control Board (GSPCB) and the directions of the Central Pollution Control Board (CPCB) vide letter dated 21.06.2014.
2. The Tribunal dealt with the matter vide order dated 08.09.2015. The Tribunal noted the judgment of the Gujarat High Court dated 23.06.2014 in a group of writ petitions being Writ Petition (PIL) No. 165 of 2013 directing the industries to follow new norms laid down by the CPCB. The order of the High Court was affirmed by the Hon'ble Supreme Court on 22.07.2014 and 14.02.2015. The Tribunal considered the grievance that inspite of order of the High Court and the Hon'ble Supreme Court, the pollution continued unabated. Only LNG or CNG should be used as fuel instead of coal gasifiers. Stand of the industries was that modified and improved technology had been adopted and, thus, there could be no objection to the industries continuing to operate after the use of new technology. 5
3. The Tribunal constituted an Expert Committee comprising representatives of CPCB, GPCB and Head of Department (HoD), Environment Engineering Department of M.S. University, Baroda to evolve the parameters for coal-gasifiers which could meet the standards and directed that the matter be dealt with by the GPCB in the light of such report.
4. Against the said order, the applicants moved the Hon'ble Supreme Court. In the meanwhile, report dated September 2016 was submitted by the CPCB based on the spot study. The Hon'ble Supreme Court vide order dated 16.01.2017 in C.A. No. 584/2016 gave liberty to the applicants to place the additional material before this Tribunal to reconsider the matter. Accordingly, present Original Applications No. 20/2017(WZ) and 42/2017(WZ) have been filed before this Tribunal.
5. The same came up for hearing earlier on 24.07.2017 to consider the issue with reference to use of coal gasifiers in Morbi and Wankaner industrial clusters. The Tribunal considered the report produced by the CPCB and other material. It was found necessary to constitute a Committee comprising Senior Scientists from CPCB, GPCB and NEERI to carry out investigation of the industries in Morbi and Wankaner industrial cluster and submit environment status report of the area, after examining recommendations of the earlier Expert Committee on coal based gasifiers. It was directed that the coal gasifier units not conforming to the standards laid down by GPCB be shut down within two months.
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6. Report of the Committee was furnished in October 2017 which was taken up for consideration on 14.11.2017, but the report was found to be incomplete, as only 8 ceramic industries were visited. Accordingly, this Tribunal directed the Committee to file complete environment status report. The Tribunal also directed the GPCB to file report of action taken against the erring units and to shut down ceramic industries using type B gasifiers in violation of consent terms, in view of the report of the Expert Committee that type B gasifiers are non-compliant and only C, D, E gasifiers were to be considered. The matter was adjourned to 16.01.2018.
7. Since on 16.01.2018, no Bench of NGT was available at Pune, Special Civil Application No. 6151/2018, Digvijay Sinh Parbat Sinh Rana Vs. State of Gujarat was filed before the High Court of Gujarat. The High Court took note of order of this Tribunal dated 14.11.2017 directing the GPCB to shut down ceramic industries using type B gasifiers and the grievance that other gasifiers should also be shut down. The High Court framed and considered the following issue:
"8. The issue involved in the present petition is damage to the environment, both air and water, by the ceramic industries in Morbi - Wankaner region due to use of coal gasifiers, more particularly, Type-A and Type-B gasifiers. It cannot be disputed that as such, because of Type-A and Type-B gasifiers, there is a great damage being casued to the environment which as such is irreparable and irreversible. The National Green Tribunal (Western Zone), Pune, in its interim direction/order dated 14.11.2017 after considering the report of the Committee comprising Senior Scientists, one each from the Central Pollution Control Board, Gujarat Pollution Control Board and National Environmental Engineering Research Institute, Nagpur (NEERI), which was constituted to carry out investigation of all the industries situate within Morbi and Wankaner Industrial Cluster, has already issued the directions and has directed the GPCB to (i) place before the NGT the action taken against the erring units and (ii) shut down ceramic industries / industries using Type 'B' gasifiers, if they are not complying with the consent terms and conditions as stipulated for grant of consents to 7 operate by GPCB. The learned Tribunal has also directed the Committee shall continuously monitor the performance of the industrial units employing any of the Type-C, D and E gasifiers and ascertain its effect on all aspects of pollution and safety."
8. The High Court noted that no Bench was available at Pune and urgent orders were necessary which could be granted by the High Court under Article 226. Accordingly, the High Court, vide order dated 12.06.2018, directed as follows:
"16. In view of the above and for the reasons stated hereinabove, the present petition stands disposed of with a direction to the GPCB to take further steps as stated in the affidavits-in-reply dated 30.04.2018, 08.05.2018, 10.05.2018, filed on behalf of the GPCB. As observed hereinabove, the steps shall be taken by the GPCB only with respect to those ceramic industries/ industries using Type-B gasifiers if they are not complying with the consent terms and conditions as stipulated for grant of consents to operate by GPCB and all steps shall be taken by the GPCB to ensure that no further damage is caused to the environment by such ceramic industries/ industries in Morbi - Wankaner cluster/ region using Type-B gasifiers. So far as those ceramic industries/ industries using Type-A gasifiers are concerned, as stated by GPCB, all those industries are closed and closure orders have been passed and even the electricity supply has been disconnected.
17. Before parting with the present order, it is observed that as suggested on behalf of respondent No. 7 - Association, the GPCB may explore the possibility of permitting the ceramic industry to use new technology, which is "advanced oxidant process with provided as Lineus based on Singaporer technology" for which one of the members of respondent No. 7 - Association has applied for CTE (amendment) on 03.05.2018 and the GPCB to consider the request to provide the trial run of the new technology after following due procedure as required and explore the possibility / availability of such new technology which may help to some extent in stopping further damage to the environment which is being caused at present by using Type-B gasifiers - coal based gasifiers."
9. In pursuance of order of the Tribunal dated 27.07.2017, a report has been filed in February 2018. The same was not produced before the High Court as order dated 14.06.2018 passed by the High Court makes no reference to the same.
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10. The applicants have filed point-wise synopsis on 03.01.2019. Relying upon report of the Committee constituted in pursuance of order of the Tribunal dated 24.07.2017 filed before this Tribunal in February 2018, the applicants submit that not only type A industries which were noted to have been closed and type B industries where coal gasifiers were not viable, even type C and type D industries could not be continued.
11. According to the applicants, the claim of the manufacturers that now there is improvement in coal gasifiers with zero percentage pollution discharge may not be considered by this Tribunal in view of Expert Committee report in February 2018. Coal gasification is a dangerous process where wastes are generated which are highly carcinogenic. Daily coal tar generation in Morbi has been found by the Committee to be 8 lakh kg per day. Its effect has been noted by the International Agency for Research on Cancer (IARC) which is part of World Health Organization (WHO) as causing cancer of lungs. Accordingly, the applicant seeks direction to shut down and dismantle all gasifiers in furtherance of above report submitted in February 2018 in respect of ceramic industries in Morbi and Wankaner area of Gujarat with a view to prevent air, water and land pollution on 'Precautionary' and 'Sustainable Development' principles.
12. Learned Counsel for the GPCB submitted that while it will be difficult for him to state that the coal gasifiers are not causing pollution as found by the Committee, the improved technology may be given further trial and to the extent any particular activity is found to be compliant with the norms, such activity may be allowed to be continued.
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13. He also mentioned that another Writ Petition is pending before the High Court. It was submitted that GPCB has prepared a policy for defaulter ceramic units. While type A gasifiers have been closed, notice has been issued to 860 ceramic units in April 2018 for closure. Public notice has been issued in three vernacular newspapers for creating awareness. Type G gasifiers were given trial run permission. 67 units were closed and show cause notice given to 262 ceramic units. Trial permission was given for carrying out feasibility study of advanced technology. SOP was issued for prevention of air pollution on 05.06.2018. CCA was granted on 09.02.2018 on the request of Ceramic Association. The Morbi District Administration issued notification against movement of illegal tankers from 10 pm to 6 am. Ambient air quality was monitored and found to be as follows:
"Ambient Air Quality Status:
As per National Green Tribunal committee report average ambient air quality (7 Stations) monitored PM10 = 552.66 µg/m3, PM2.5 = 289.61 µg / m3, SO2 = 152.81 µg /m3. Compared to that, Average ambient air quality monitored (4 Stations) in last 3 months (Aug- 18 to Nov-18) is PM10 = 199.1 µg /m3, PM2.5 = 60.6 µg /m3. Though not meeting with standards, This shows improvement in air quality of Morbi-Wankner Region."
14. Learned Counsel for the GPCB stated that the above ambient air quality status is based on situation prevailing from August 2018 to November, 2018.
15. One can certainly say that the above report shows alarming situation of ambient air quality.
16. Learned Counsel for some of the industries submitted that there is a vast difference in the report submitted in February, 2018 on account 10 of results of SGS Laboratory which show the level of pollution to be very high. There are 800 industries in Morbi and Wankaner area and transportation of 5,000 trucks per day which is contributing to the pollution of the air where are other industries such as clay spray driers, paper mills, silicate industries, stone crushers, roofing tiles, coal screener, laminate units, frit industries, refractories, etc. working for 20 hours per day. The said industries are also contributing to the water and air pollution and not ceramic industries alone. The Consolidated Consent Authorization has been given by the GPCB and short term and medium term measures can be taken for upgradation of the gasifiers.
17. We have not been able to find any warrant for Consolidated Consent Authorization in view of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. Consent to Operate and Consent to Establish have to be given to every individual unit based on the study of its operations and impact on water and air. Thus, it appears that the Consolidated Consent Authorization is per se beyond what is permitted under the law. The said industries are, thus, operating in violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
18. Chapter 6 of the report of February 2018 presents the conclusion and the recommendations for the study, which is as follows:
"Chapter 6 Conclusions and Recommendations 6.0 Introduction 11 This chapter presents the conclusions and recommendations based on the study at Morbi - Wankaner industrial area, environmental monitoring, inspection of ceramic industries, gasifiers and discussion with different stakeholders.
6.1 Examination /Evaluation of Gasifier Technologies Type 'A': There are 13 type 'A' gasifiers were found during the inspection by the committee. These gasifiers were not in operation. Some of them were not in operation since long, however, some gasifiers were found with wastewater and tar which shows these gasifiers were operational in immediate past. Since, this type of gasifiers are not permitted, GPCB must ensure that all type 'A' gasifier should be dismantled.
Type 'B': Earlier expert committee (2014) suggested that type 'B' gasifier can be permitted to operate if the wastewater generated during gas cleaning / condensation is recycled back to the gasifier shell by the use of evaporator. Accordingly, GPCB granted amended CTE / CCA for the operation of type 'B' gasifiers. However, this committee finds that type 'B' gasifier cannot be operated by recycling condensate wastewater in the gasifier shell as the condensate wastewater generated is in excess of the required moisture for shift reaction. This is the reason, almost all type 'B' gasifier operators illegally discharge wastewater either through open drain, in low lying areas, abandoned mines etc. and /or steam release to atmosphere. During the inspection of industries, it was found that there are 71 gasifiers that operate evaporator and feed wastewater steam inside the gasifier shell. This can only be a temporary phenomenon as complete wastewater cannot be fed on continuous basis. These gasifiers can discharge condensate wastewater outside the premises illegally and it is not possible for GPCB to keep track of the wastewater generated and its recycle. An argument put forth is that the evaporator operates only for a few hour and feed the complete steam inside the gasifier shell. Such argument does not stand as the condensate wastewater generation is a continuous process and even if intermediate tanks of very large capacity is built, all will get filled at some instance during the operation of gasifier. Therefore, this committee recommends that all gasifier of type 'B' must be shut down immediately, dismantled safely.
Type 'C': Condensate wastewater with indirect cooling and Tar (Wet ESP) is stated to be recycled into gasifier shell by heating it at high temperature in the Tar reformer. The recycling operation is carried out on the premises that the moisture fed inside the gasifier shell will be the stoichiometric requirement of amount of coal tar recycled. The coal tar generated itself is an emulsion of water and coal tar due to its collection mechanism (Wet ESP). The moisture content of coal tar should be sufficient to take part in the shift reaction and any additional moisture may not be needed. The condensate wastewater will be recycled again in the subsequent condensation and this in turn will 12 accumulate the wastewater in the gasifier system as happens in the case of type 'B' gasifier. Thus, after a few days of operation, type 'C' gasifier will generate and accumulate condensate wastewater, which does not have economical treatment option, and therefore its management will always be major issue. Generation of condensate wastewater and coal tar is not recommended. Type 'D': This is hot gasifier and does not allow condensation of moisture up to kiln. The entire moisture is fed in the kiln. Since this is a hot gasifier, coal tar does not get condensed and is fed directly to the kiln. This was evident from the colour of the flame, which was yellow / orange. A clean producer gas gives blue flame. Raw gas cleaning through road metal/aggregates (kapachi) filter generates large quantity of exposed/used aggregate filter media. Huge quantum of Filter media coated with tar and coal dust whose disposal may be another environmental issue. High molecular weight (class 5) coal tar gets condensed just before the kiln burner and gets solidified as soon as its moisture is evaporated. Solid coal tar cannot be fed from the bottom of the shell. If solid coal tar is fed from the top, it gets vaporized and again reappear in the raw synthetic gas thereby accumulating coal tar in each successive cycles. Type D' gasifier will have the problem of solid coal tar and disposal of large quantity of used contaminated aggregates. Generation of coal tar and contaminated filter media (aggregate) from gasifier is not recommended.
Type 'E': is based on down draft and agro based fuel where no cooling and cleaning of gas is required and therefore no wastewater and tar generation. Bio-mass based fuel does not generate heavy hydrocarbon, and therefore Tar, which is heavy hydrocarbon is not formed. Steam is not added in the gasifier, instead moisture of bio- mass is considered sufficient for H2 formation. Due to very low amount of moisture feed, wastewater is not generated. Even if condensate wastewater and coal tar is generated from gasifiers in small amount in Morbi -- Wankaner Industrial cluster, its cumulative impact on the ecosystem is very severe as there are very large number of ceramic industries exists. Management and handling of wastewater and hazardous waste (coal tar) from all industries together exceeds the assimilative capacity of the region and therefore any gasifier generating condensate wastewater and coal tar should not be permitted. Instead of further experimenting with older moving coal bed gasifiers (currently existing in Morbi), advanced fluidized bad gasifier should be designed along with all pollution control device for meeting the clean energy demands in Morbi region.
Till a cleaner technology for synthetic gas generation is demonstrated, ceramic industries having gasifiers may opt for PNG. Natural gas grid /pipe connections are already established in area and most of industries are having connections.13
6.2 Environmental Status of Morbi - Wankaner Area The general ambience of Morbi -- Wakaner industrial cluster is smell of half burnt coal, VOC, SO2 and poor visibility due to dust and smog. The committee visited different areas along the roads of Morbi - Wankaner and collected sample of surface and ground water. It was observed that most of the storm water drains in the industrial area are carrying condensate wastewater (brown colour) and vitrified tile polishing wastewater (white colour). All these storm water drains join some natural drains and finally meets Kalindri and Bela river in the region. Many low lying areas along the road and nearby abandoned mines contain condensate wastewater, which is disposed illegally. Further travel to inner part of the industrial area showed the very poor industrial solid waste management practice. Wherever open space is found along the river, solid waste, broken tiles, ceramics, polishing sludge etc. are disposed haphazardly. Overall visual experience of the industrial area is that Morbi industrial area is highly polluted and is an economic zone only to create wealth from mother earth (clay, coal) but belongs to none.
Though the visible water colour suggest that it is polluted, a scientific approach require its analysis in laboratory, and therefore, to quantify the level of pollution samples of air and water were collected from field and analysed in the laboratory. Water analysis result suggest that the discharged wastewater is highly polluted. The ambient air samples collected by the committee and analysed in CPCB (RD, Vadodara) laboratory shows very high & alarming level of PM10, and PM2.5 and SO2 pollution indicating uncontrolled emission from spray drier, ceramic kiln without any flue gas treatment. The concentration of PM10, and PM25and SO2 are exceeding many time more than the National Ambient Air Quality Standards (NAAQS) except two locations for SO2. The concentrations of pollutants are also more due to high industrial density having almost same nature of industrial activities in the Morbi area. This warrants immediate preparation of air action plan and its implementation including proper /adequate pollution control technology for spray dryers, tiles polishing units, restriction & control on haphazard disposal of solid waste (broken tiles, polishing dust, coal ash), improvement in road conditions etc. The pollution control technology primarily demands use of clean technology for coal gasifier, which will eliminate condensate wastewater and coal tar generation followed by scrubbing of dust, SO2 from spray drier and installation of flue gas treatment (scrubber) for removal of Sulphur from burning of synthetic gas in ceramic kiln. The groundwater analysis results shows contamination (high COD) at some bore wells which needs to be further investigated through state level ground water board /authority. Recently, it is informed that brownish color ground water is observed in bore well.14
As per Medium term measures given by Expert Committee (Govt. of Gujarat) 2014, a study of spray dryer was to be conducted, from pollution view point, which shall incorporate survey related to the existing air pollution control devices, ascertaining the adequacy of installed system and suggesting addition /alterations to fulfil the prescribed norms within six months by environment departments of Engineering /Technical Institutes and respective Industrial Associations should bear the cost of the study. However, no action is visible at site and the status quo of pollution discharge is maintained. 6.3 Industrial visits and compliance aspects Ease of handling waste leads to its categorization based on physical state i.e. solid, liquid and gaseous. At Morbi, ceramic industries are generating and discharging waste in all the three states. Solid waste are visible and can be managed if space for its disposal is provided and the existing solid waste management rules are followed. Coal tar generated in gasifier is illegally used in combustion activity thereby causing air pollution as in the entire Morbi industrial area. While using coal tar in combustion, air pollution control device are not installed, thereby releasing pollutant in the atmosphere. There are several emission points like, spray drier, kiln emission, evaporator emission etc. Therefore, the issue of air pollution in Morbi is very serious and alarming. Liquid waste i.e. mostly condensate wastewater from gasifier and polishing waste from vitrified tiles are not disposed after treatment. In fact the condensate wastewater from gasifier cannot be treated economically and therefore the technology of gasifier needs to be upgraded so as not to generate wastewater and tar. Previous committee (expert committee -2014) has suggested some modifications in the existing coal gasifiers including recycling the condensate wastewater through evaporator to achieve zero liquid discharge. Accordingly, GPCB provided amended CCA for such gasifiers, which is presently termed as Type E' gasifier. Another committee (NGT 2015), recommended for excess wastewater (after evaporation) to be incinerated which is part of notification published by GPCB in August 2017, but till date the industries are not sending excess wastewater to any common incineration facility for disposal of wastewater and common incineration facility not developed. However, it is found that such measures do not solve the wastewater problem and therefore this committee recommends to overrule any such provision of wastewater recycling in the moving bed coal gasifier (up-draft existing gasifiers) and incineration of excess wastewater.
In total, 432 industries visited, 411 industries were found to have coal gasifier and the remaining 21 were using PNG for operating the ceramic industry. There are 384 Type 'B' gasifiers visited, 69 gasifiers are without CCA & therefore illegal and 315 with valid CCA. Out of 384 type 'B' gasifier, 130 gasifiers were not operational and 254 gasifiers were operational where 2 does not have evaporator installed, 96 were not operating evaporator, and 85 were releasing 15 steam of evaporator in to the atmosphere (more than 50 % operational evaporator). There are 73 type 'B' gasifiers that have provision/practicing direct scrubbing of raw synthetic gas by addition of water pipe line/recirculation line. There are 133 gasifiers that have contaminated cooling water and 32 gasifiers were found to be discharging wastewater inside/outside the premises. All these actions make them non-compliant.
71 industries have exhibited recycling of condensate wastewater in the gasifier shell during the visit of committee members, however, it is not possible to continue such practice for long time due to reasons as elaborated in Chap-2. Therefore, the compliance condition stipulated by the GPCB based on the earlier committee's recommendations is not maintainable and should be cancelled. Regarding management of coal tar generated from coal gasifier, there is large gap between coal tar generation and its authorized use as fuel. A very large quantity of coal tar is illegally used as fuel. By & large, storage, handling & transportation of coal tar is not as per HWM Rules.
There are other difficulties /issues by the industries in handling present coal gasifiers like small scale operations, local suppliers /manufactures of gasifiers without proper Material of Construction (MoCs), without proper operational control, leakages of tar /wastewater, fugitive emissions /smell from open wastewater /tar tanks in the area, industries casual approach for operation of gasifiers, large number of industries /gasifiers in limited area concentrating pollution /safety risks, enforcement difficulties i.e. day to day check on illegal operations not possible with limited manpower and local interferences. Further, other non-compliances observed during industry visits which are elaborated in (chapter-5). All type 'B' coal gasifiers should be shut down immediately and dismantled, irrespective of whether it is complying with the consent condition or not. The plant premises should be cleared of wastewater and tar, else it should be considered as violation.
The summary of industrial visits with observations is submitted to GPCB. Action should be initiated by GPCB on industries that are operating illegally in the Industrial area of Morbi as per orders (dated 24.07.2017 & 14.11.207) of Hon'ble NGT, Pune. Majority of gasifiers including almost all type-B gasifier with valid CCA visited by the teams and made observations/conclusions and further visits may not influence the observations/conclusion in any way as the issues related to type-B gasifiers are similar in nature. GPCB should further identify all such gasifiers (with CCA & without CCA) and shut them down.
Initiation by the gasifier operators on incineration of wastewater or its bio-chemical treatment should not be considered as a reason for permitting them to operate it further.
Most of the medium term measures (to be taken up by Ceramic Industries Association) mentioned in the 16 recommendations of the expert committee of Govt. of Gujarat (2014) such as Spray dryer study (adequacy for spray dryers, suggestions on addition/alterations to meet norms etc.), implementation of suggested additions/alteration to APCD by member industries within three months, solid waste management, improvement of roads to improve the ambient air quality etc. by industry association(s) are yet to be fulfilled. As per the information provided by the GPCB, five industrial accidents reported in last two years related to gasifier and therefore safety aspects needs to be seriously considered by concerned department.
Till clean technology gasifier demonstrated, available PNG may be used to avoid any environmental issues/damage which are being created due to mismanagement, illegal disposal of tar and wastewater generated from existing gasifiers.
New advance fluidized bed clean technology gasifiers that does not generate condensate wastewater and tar should be encouraged. Such gasifier should be approved for its material of fabrication, all temperature and pressure measuring gadgets, automated monitoring and control system by Directorate of Industrial Safety & Health (DISH) for authorized installation in Morbi."
19. Thus, as per the above expert study, type A, B, C, D and E coal gasifiers are not viable. If the ceramic industries are to be permitted, their option is to adopt Pipe Natural Gas (PNG). The final conclusion is as follows:
"Even if condensate wastewater and coal tar is generated from gasifiers in small amount in Morbi -- Wankaner Industrial cluster, its cumulative impact on the ecosystem is very severe as there are very large number of ceramic industries exists. Management and handling of wastewater and hazardous waste (coal tar) from all industries together exceeds the assimilative capacity of the region and therefore any gasifier generating condensate wastewater and coal tar should not be permitted. Instead of further experimenting with older moving coal bed gasifiers (currently existing in Morbi), advanced fluidized bad gasifier should be designed along with all pollution control device for meeting the clean energy demands in Morbi region.
Till a cleaner technology for synthetic gas generation is demonstrated, ceramic industries having gasifiers may opt for PNG. Natural gas grid /pipe connections are already established in area and most of industries are having connections."17
20. The CPCB has filed its synopsis on 05.01.2019 with reference to the said report, inter-alia, stating as follows:
"The Committee (NGT Committee 2017) recommended for closure/dismantling of type-A & B type of gasifiers. Type-C, Type-D and Type-E gasifiers were given trial run permission by GPCB during the visits of the committee. As there is generation of waste water and coal tar in case of Type-C and issues of tar recycling, generation & disposal of huge amount of contaminated/ exhausted filter (aggregates) media in case of Type-D gasifier, these gasifiers are not recommended by Committee. Regarding, Type-E gasifier though, its pollution potential is negligible, its output performance is inadequate to generate required heat for long kiln.
Even if condensate wastewater and coal tar is generated from gasifiers in small amount in Morbi-Wankaner Industrial cluster, its cumulative impact on the ecosystem is very severe as there are very large number of ceramic industries exists. Management and handling of wastewater and hazardous waste (coal tar) from all industries together exceeds the capacity of the region as evident from monitoring results of water bodies & ambient air and therefore any gasifier generating condensate wastewater and coal tar should not be permitted. Instead of further experimenting with older moving coal bed gasifiers (currently existing in Morbi), advanced fluidized bed gasifier should be designed along with all pollution control devices for meeting the clean energy demands in Morbi region.
Till a cleaner technology for synthetic gas generation is demonstrated, ceramic industries having gasifier may opt for PNG. Natural gas grid/pipe connections are already established in the area and most of the industries are having connections.
The ambient air quality of the Morbi-Wankaner ceramic industrial area was with high and alarming levels of PM1o, PM2.5, 502. The concentrations of these pollutants are exceeding many times more than the National Ambient Air Quality Standards (NAAQS). Particulate Matters (PM) emission primarily from spray dryers, use of coal & tar (illegal) in Hot air generator, and also due to handling of raw materials such as coal, different types of clay, poor road condition and vehicular movement. SO2 from spray drier (coal fired Hot air generators), and use of synthetic gas in ceramic kiln, evaporators. The groundwater analysis results show contamination (high COD) at some bore wells which needs to be further investigated through state level ground water board /authority. Recently, it is informed that brownish color ground water is observed in bore well.
As per Medium term measures given by Expert Committee (Govt. of Gujarat) 2014, a study of spray dryer was to be conducted, from pollution view point, which shall incorporate survey related to the existing air pollution control devices, ascertaining the adequacy of installed system and suggesting addition /alterations to fulfil the prescribed norms 18 within six months by environment departments of Engineering /Technical Institutes and respective Industrial Associations should bear the cost of the study. However, no action is visible at site and the status quo of pollution discharge is maintained.
There is urgent need to provide adequate air pollution control devices to all the sources of air emission including spray driers, coal/clay handling systems with proper roads and solid waste management.
A meeting was convened by CPCB on 31.05.2018 to discuss the pollution matter relating to ceramic industries using coal gasifiers in Morbi-Wakaner areas of Gujarat among CPCB & GPCB. In the meeting it was discussed & recorded that as the Senior Scientists of GPCB and CPCB were part of the Committee (NGT Committee 2017), there is no question of disagreeing with any of the observations/recommendations made by the said Committee. It implies that GPCB 'has to implement the recommendation of the said Committee and considering the gravity of problem in the Morbi-Wakaner. It was informed by GPCB that consent to the Units is issued with condition to achieve the ZLD as per the recommendations of Committee earlier constituted by the Gujarat Govt. Strict action against the Units with Type A gasifier has been initiated leading to closure. Action is being taken in respect of Type B gasifier that do not meet the ZLD conditions as per the NGT order dated 14.11.2017. GPCB further informed that they have carried out fresh survey of industrial Units in compliance of an order passed by the Hon'ble High Court of Gujarat and submitted the report to the Court.
Considering that (a) the NGT Committee 2017 has recommended to use for PNG for such time till a cleaner technology for synthetic gas generation is demonstrated; (b) the natural gas grid /pipe connections are already established in the area; and (c) most of industries are having connections, GPCB was requested to take steps to implement the recommendation of using PNG."
21. In view of the above, it is clear that coal gasifiers are no longer viable.
Inspection by GPCB shows high level of air pollution which is dangerous for health and environment. 'Sustainable Development' and 'Precautionary' principles are to be upheld.
22. Purpose of economic development in any region is to provide opportunities for improved living by removing poverty and unemployment. While industrial development invariably creates more jobs in any region, such development has to be sustainable and 19 compliant with the norms of environment. In absence of this awakening or tendency for monitoring, industrialization has led to environmental degradation on account of industrial pollution. It is imperative to ensure that steps are taken to check such pollution to uphold statutory norms. Adequate and effective pollution control methods are necessary.
23. We may also note that as per data compiled by the CPCB Morbi-
Wankaner is one of the polluted industrial clusters. Vide order dated 13.12.2018 in Original Application No. 1038/2018, this Tribunal considered the subject matter of critically polluted industrial clusters and directed preparation of action plans by the respective States for remedying the situation.
24. Even though, this area is polluted but not 'critically polluted', the same may not be covered by the said order, but the fact remains that there is high amount of pollution as shown by the latest report of the GPCB quoted above in para no. 13. PM10 is equal to 552.66 and PM2.5 is equal to 289.61. Stringent measures are, thus, required in the interest of protection of environment and public health.
25. Accordingly, we allow the applications and direct the GPCB to close all coal gasifiers industries and units operating with the help of coal gasifiers without prejudice to such units switching over to non-coal gasifiers or PNG or technology consistent with the above report. The GPCB must initiate immediate steps for prosecution of the industries which have operated in violation of law and recover compensation for causing damage to the environment and public health. This amount may be assessed by a Committee with representatives of CPCB, GPCB and NEERI. The CPCB will be the nodal agency for 20 coordination and compliance. The Committee may suggest restoration plan.
26. The Committee may give its report within one month by e-mail at [email protected].
27. The Committee may take into account the cost of reversing the damage caused and also the amount to be recovered which will operate as deterrent and render any polluting activity non-profitable.
28. To oversee the execution of this order by the GPCB, we appoint an Oversight Committee headed by Justice B.C. Patel, former Chief Justice of Delhi High Court and former Judge of Gujarat High Court who is already heading an Oversight Committee constituted by this Tribunal vide order dated 16.01.2019 in O.A. 606/2018. He will also be assisted by a representative of CPCB. The GPCB will provide all logistics to Justice Patel. Any person concerned with execution of this order will be at liberty to represent to the said Oversight Committee.
29. Learned Counsel for the GPCB states that expenses incurred by the NEERI will be paid as per direction of this Tribunal within one month from today.
30. Industries have filed applications which have no merit and are not maintainable under Sections 14 and 15 of the National Green Tribunal Act, 2010. Same is the position with regard to the applications of the manufacturers.
All the applications stand disposed of accordingly. 21
Adarsh Kumar Goel, CP S.P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM March 06, 2019 Original Application No. 20/2017 (WZ) (M. A. No. 344/2017 & M. A. No. 91/2018) and other connected matters DV&AS 22